SRI LANKA: Teacher who raised his voice against school corruption was twice assaulted

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Harsha Dammika Dematawala, a teacher at Kuliyapitiya Central College. Harsha continually pointed out financial malpractice, corruption and human rights violations in the school. Several other teachers shared his views and joined the fight for justice within the school. On his way home at 2 p.m. on 15 June 2017, he was overtaken by two men on a familiar motorcycle which blocked his way. The riders struck Harsha on the back with an iron bar. He cried out for help and pedestrians came and saved his life. Later he was admitted to the Kuliyapitiya Base Hospital for examination and treatment. Teachers and other concerned parties stated that the school administration, under the control of the Ministry of Education, along with several corrupt department officers, are behind the attack. They raised their collective voices against these unlawful actions by the wrongdoers and demand justice and protection for the victim.

CASE DETAILS:

The Asian Human Rights Commission has received information regarding Mr. Harsha Dammika Dematawala, a teacher at Kuliyapitiya Central College. Harsha always carries out his duties as a teacher very successfully. He has had a clean record throughout his tenue as a teacher.

During the last several years, Harsha raised his voice in opposition to several malpractices and illegal activities of the School Administration. There were a large number of complainants, mainly parents of the students, when corruption charges were leveled against the Principal and several other School Officers. Some teachers of the school joined with Harsha to protest and take steps first to expose and then to prevent these illegal practices, especially for school admissions and development.

They were instrumental in reporting these incidents to the Media and several State Law Enforcement Agencies: Police Department; Commission to Investigate Allegations of Bribery or Corruption. Harsha and his teacher friends learned that several high position holders in the Ministry of Education were also involved and tried to cover up these questionable activities as they benefited from them. They are instrumental in protecting these corrupt officers.

As Kuliyapitiya Central College is a one of the most popular colleges in the District, there is intense competition among parents to get their children admitted to the school. Among the teachers who join the staff, it is a highly competitive opportunity. No need to say that this situation has created a favorable atmosphere for corrupt officers to flourish.

At the beginning of the first term in 2017, the Principal summoned Harsha to inform him that his teaching timetable has been changed with immediate effect. He studied the new arrangements which meant that he has been kept in reserve in the excess teachers’ pool. All his teaching appointments and lesson plans that he handled for the past several years have been given to other teachers. Harsha questioned the Principal as to why he suddenly changed his teaching arrangements, and opposed it. All his students have shown excellent results in all their previous examinations, so what are the grounds for this radical change of his position? The Principal did not reply or provide him any favorable relief. As the Principal is the sole authority within the school setup, he makes all final and conclusive decisions in scheduling or rescheduling.

Meanwhile, another teacher who raised his voice jointly with Harsha against the corrupt practices, Mr. Mr. Kushan Shalika Herath was informed by the Ministry of Education that he has been transferred to another school, with effect from 11 June 2017. Later they learned that he was transferred on unlawful and baseless grounds. His transfer was based on a pending inquiry into some of his poems published in the social media. Threats were made against some front line members including Kushan and Harsha. Then Kushan, considering the threats to his life, immediately decided to withdraw from the school.

On 15 June 2017, Harsha was riding his motocycle home after his work at the school was finished. Suddenly he observed two unknown riders pursuing him by motorcycle. He was in fear of his life for the second time. To avoid incurring any further danger to his life, he tried to speed up and get home as quickly as possible. However, the pursuers overtook him and blocked his way. When Harsha stopped, one person who was in the back seat of the bicycle approached him. He struck his back several times with an iron bar. Harsha felt that he was trying to kill him in cold blood. He appealed to people on the street to help protect his life. When the pedestrians approached, the two attackers fled. They brought Harsha to the Kuliyapitiya Base Hospital for emergency treatment.

Harsha and concerned parties believe that several government officials including the present Principal of the Kuliyapitiya Central College is behind the attack. Harsha believes that the intention of the attackers was to eliminate him with extreme persuasion him to prevent him from seeking justice against their unlawful activities. This unlawful attack is a crime under present Laws. The Inspector General of Police (IGP) must promptly, independently, professionally, efficiently and impartially investigate the crime and take collective action to bring the guilty, before a Court of Law.

Meanwhile, the General Secretary of the Ceylon Teachers Union (CTU), Mr. Joseph Stalin issued a Communique to the media. It said in essence that assault itself is an illegal act. Law Enforcement Agencies must investigate and bring those responsible before the Law as this is a violation of the rights of a citizen. This is an attack against all those who raise their voices for implementation of the Rule of Law and guaranteed rights enshrined in the Constitution. He said that has written to the Ministry of Education against the injustice and has demanded an impartial investigation into the incidents.

Harsha states that he has the right to speak and express his views against the malpractices and violation of laws by State officers. He is representing the thousands of people who stand for justice along with him. He demands their rights as Human Rights Defenders is uplifted–a fundamental right also guaranteed under the Constitution. While he has behaved as a peaceful citizen, Ministry of Education Officials have violated his rights. He has never engaged in any illegal activity. He has not caused any damage to the reputation of any individual or Institution.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case. Request an immediate inquiry into the allegations violating the rights of a teacher by the Ministry of Education’s Officers. All officers involved must be examined by an internal investigation for breach of the Duty of Care. Finally, please appeal to the Secretary of the Ministry of Education to set up a special investigation into the case. Please note that the AHRC has also written a separate letter to the Special Rapporteur on the Situation of Human Rights Defenders in this regard.

To support this case, please click here: SEND APPEAL LETTER