Saving children from neglect
The recent occurrences at a Children's Home in Mawanella have
highlighted the need for better systems and better supervision with
regard to the care of children. This is something we have been pressing
for, with regard to the National Human Rights Action Plan, but I should
note that the need for some remedial action has been felt for a long
time.
In this and other areas Milinda Moragoda, when he was Minister of
Justice, commissioned several reports, though unfortunately not all have
been produced. Perhaps for this reason, or whether it is because of the
chaos that arises from constant changes of ministers without adequate
briefing mechanisms, action has not been taken on those that were
produced. This is particularly sad with regard to children, for Justice
Shirani Thiakawardhana produced an excellent and very caring report. Had
that been implemented, with proper monitoring, the tragedies we hear of
now might have been avoided.
At a recent meeting of the consultations with governmental and
non-governmental organizations that have been instituted under the aegis
of the Consortium of Humanitarian Agencies, we were presented with a
very informative report by one of the few professionals at the
Department of Probation. Further information was received from Save the
Children, which has done yeoman service in this regard, and a UNICEF
publication tellingly entitled "Out of Sight, Out of Mind: a report on
Voluntary Residential Institutions for Children in Sri Lanka'.
Children's homes
UNICEF had not been invited to the meeting, but I have since been
asked by one of those from UNDP who worked with me on Human Rights
promotion when I was Secretary to the Ministry whether they could come.
This seems a good idea since, while the consultations have obviously
been based on national cares and concerns, we have had foreign agencies
also attending, most notably the Swiss and the German Friedrich Ebert
Stiftung with regard to Labour and Migrant Rights.
Obviously it would make sense to have international participation
too, though I fear that, without a clear coordinating mechanism such as
we had when the Ministry of Disaster Management and Human Rights had a
mandate for that, we will continue to have worthy initiatives that
simply do not cohere.
With regard to children, there are a number of agencies that should
work together to ensure proper care, but sadly there is no mechanism to
ensure consultation. Following our initial meeting, we got together a
list of suggestions, which I have now sent out to the various agencies
responsible, but I fear that the meeting I have suggested will not
happen soon.
In addition, there is an important role for the judiciary to play,
and I am not sure how this can be ensured, given the touchy nature of
relations between the judiciary and the executive. I cannot sympathize
more with the judiciary when there are attempts to interfere with the
decisions it makes, and I hope measures are taken to ensure that this
does not happen.
However I also feel strongly that the judiciary must act according to
the principles laid down in legislation, and also draw up its own rules
to ensure that the aims of legislation are not subverted.
At present the norms regarding children are ignored, with the
disastrous results we have seen. Children - as sadly happens to others
too - are remanded without specific dates by which they should be
released or else the case reviewed. The regular inspections of
children's homes which magistrates too should engage in, hardly ever
occur. These are seen often as repositories for the unwanted, with the
concomitant abuse that those deemed unwanted have to face.
Women and Children's Desks
There are around 19,000 children in homes at present, but half of
them have two parents, while another third have one parent living. Only
in 20 percent of cases are both parents dead, or else deemed unfit
because of abuse to have care of the child. Though government has
accepted the policy that children should be looked after in a home
environment as far as possible, mechanisms to ensure this are not even
thought of - though I should note that, in some areas in the North,
livelihood projects have this as a principal aim, and it seems there has
been some relief provided by such measures.
In the last couple of years the National Child Protection Authority
has begun to work energetically, on monitoring as well as advocacy for
system change, but vested interests will continue to attack such
idealism. The criticism of the NCPA when a nun was arrested shows the
lack of proportion in our reactions.
Except where there is actual abuse, we should not engage in finger
pointing, but should rather try to develop systems that are in the best
interests of the child. Recently I find that the Police, which seemed
sometimes to turn a blind eye to abuse, is more conscientious, with the
much better training given to officers working at Women and Children's
Desks. However this may only be in the North, and there should be more
concerted efforts to ensure similar concern and commitment throughout
the country.
I can only hope that the horror of what it seems occurred at
Mawanella will lead to swift action, to review procedures, to enforce
proper application, to ensure regular monitoring, and also to promote
training that will sensitize all concerned to the needs of vulnerable
children. |