SRI LANKA: The State must protect the right to education of children with special needs

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-040-2015
ISSUES: Administration of justice, Child rights, Right to education,

Dear friends,

The Monaragala Wellassa Subagya School, in the Monaragala District is a school providing education to children with special needs in several surrounding districts in the region. The school is administered under the Ministry of Social Services and the Ministry of Education. However, since April 2015, the administration of the school was vested solely under the Ministry of Education, following a directive of the Ministry of Education’s Head office in Colombo and at the same time the services of all the volunteer teachers in the school has been suspended. The suspension of the voluntary teachers’ services has now hampered the education of the children. This comes at a time when students are preparing to sit for the Government’s Certificate of Ordinary Level Examination (GCE O/L), this year in December 2015. Students and their parents are protesting against the suspension of the voluntary teachers and the disruption of their education activities, just months before facing an important examination. They appeal for urgent intervention by the educational authorities to continue the services of the teachers and safeguard their right to education. 

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC), the Monaragala Wellassa Subagya School, in the Monaragala District is a school providing education to children with special needs – to children with visual and hearing difficulties – in several surrounding districts in the region. Presently, there are more than 105 such students attending the school who are having special needs. There were 18 permanent teachers and 4 volunteer teachers whose services to these children have received high commendation over the past several years. The school was being administered under the Ministry of Social Services and the Ministry of Education of the government.

In April 2015, it was announced that the administration of the school will be brought solely under the purview of the Ministry of Education following a directive issued by the Ministry Headquarters in Colombo. In turn with immediate effect the school administration informed the four volunteer teachers of the school that their services have been suspended by the administration following which the volunteer teachers were forced to leave the school premises.

Throughout the day, students and their parents have protested with the administration against this move and against the decision of the administration. They state that several officials attached to the school administration wanted to suspend the services of volunteer teachers with malicious intent. They explained that these persons wanted to prevent the school from obtaining the services of permanent teachers through appointment under the Sri Lanka Government Teacher Service.

They further explained that when the school was brought under the sole purview of the Ministry of Education, volunteer teachers who complete services for a period of six months continuous become eligible to be considered for a permanent appointment under the Sri Lanka Government’s Teachers Service and this was the government policy as practiced in the past.

Students, along with the parents state that this malicious decision of the school administration violated the rights of the children thereby depriving them of the services of these teachers. Presently students are preparing to take the GCE O/L examinations – which is held island wide – this December and few month before this very important examination ironically the services of the teachers have been suspended leaving the children in dire straits.

The parents and students are seeking immediate intervention by the officials of the Ministry of Education to protect their right to education and to carry out their educational activities without interruption from the administration. They appeal to the State authorities to investigate this issue, and effectively interfere and effect all measures necessary to redress the situation and bring the educational activities of these innocent children, back to normal.

ADDITIONAL COMMENTS:

The District of Monaragala is situated Sri Lanka’s mid-western Dry Zone and is around 283 kilometers from capital Colombo. The Monaragala Wellassa Subagya School commenced its operations in 1997, with two blind children as its first students. Today, the school is attended by 35 blind, and 70 Deaf and Dumb students – of which 49 are boys and 56 girls. These students hail from poor and troubled families from different areas like Amparai, Moneragala, Badulla, Hambantota etc. There are 16 permanent teachers who are paid by the Education Department and 4 volunteer teachers who are paid from the school’s funds. Students study up to GCE O/L classes and have to transfer to other mainstream schools to complete their higher education.

Until April 2015, the school was accountable to the Department of Social Services and Education Department. Social Services Department provides a grant of Rs. 50 per child, per day. Like other Rural Deaf and Blind schools, Moneragala School depends on donations from local well wishers and sometimes outsiders for their survival. Food is a big expenditure. They grow their own vegetables, coconuts and fruits. They have five computers, but only one Braille computer.

Apart from the usual school subjects, vocational training is done in a very systematic way. Subjects such as masonry, carpentry is taught, in-house with strong community spirit and work ethic instilled in these children. The school has an outlet to sell their products of household items such as handbags, shopping bags, computer bags targeting the Colombo market. The children are in residential care and have separate boys and girls dorms with matrons in charge of each and are very proud of their achievements so far.

The school’s administration states that when they come to know of any Blind or Deaf child living with parents and not attending school they visit the home and try to persuade them to send the child to school. In Sri Lanka, an estimate of around 30 percent of Deaf and Blind children is kept at home without any schooling.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about the case of dismissing the volunteer teachers of the Monaragala Wellassa Subagya School which caters to children with special needs. Please join us in requesting the State of Sri Lanka to have an immediate investigation into the situation and take all short and long term collective measures to address this issue and effectively.

Please note that the AHRC will write separately to the UN Special Rapporteur on the Rights of the Child regarding this matter. 

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

SAMPLE LETTER

Dear ………………..,

SRI LANKA: SRI LANKA: The State must protect the right to education of children with special needs

Name of the victim: Children with special needs at the Monaragala Wellassa Subagya School
Alleged perpetrator: Ministry of Education, Sri Lanka
Date of incident: 1 April 2015
Place of incident: Monaragala Wellassa Subagya School

I am writing to express my serious concern over the situation that has developed at the Monaragala Wellassa Subagya School, in the Monaragala District is a school providing education to children with special needs in several surrounding districts in the region. The school is administered under the Ministry of Social Services and the Ministry of Education. However, since April 2015, the administration of the school was vested solely under the Ministry of Education, following a directive of the Ministry of Education’s Head office in Colombo and at the same time the services of volunteer teachers in the school was suspended. The suspension of the voluntary teachers’ services has now hampered the education of the children. This comes at a time when students are preparing to sit for the Government’s Certificate of Ordinary Level Examination (GCE O/L), this year in December 2015. Students and their parents are protesting against the suspension of the voluntary teachers and the disruption of their education activities, just months before facing an important examination. They appeal for urgent intervention by the educational authorities to continue the services of the teachers and safeguard their right to education. 

According to the information I have received, at present there are more than 105 such students attending the school who are having special needs. There were 18 permanent teachers and 4 volunteer teachers whose services to these children have received high commendation over the past several years. The school was being administered under the Ministry of Social Services and the Ministry of Education of the government.

In April 2015, it was announced that the administration of the school will be brought solely under the purview of the Ministry of Education following a directive issued by the Ministry Headquarters in Colombo. In turn with immediate effect the school administration informed the four volunteer teachers of the school that their services have been suspended by the administration following which the volunteer teachers were forced to leave the school premises.

Throughout the day, students and their parents have protested with the administration against this move and against the decision of the administration. They state that several officials attached to the school administration wanted to suspend the services of volunteer teachers with malicious intent. They explained that these persons wanted to prevent the school from obtaining the services of permanent teachers through appointment under the Sri Lanka Government Teacher Service.

They further explained that when the school was brought under the sole purview of the Ministry of Education, volunteer teachers who complete services for a period of six months continuous become eligible to be considered for a permanent appointment under the Sri Lanka Government’s Teachers Service and this was the government policy as practiced in the past.

Students, along with the parents state that this malicious decision of the school administration violated the rights of the children thereby depriving them of the services of these teachers. Presently students are preparing to take the GCE O/L examinations – which is held island wide – this December and few month before this very important examination ironically the services of the teachers have been suspended leaving the children in dire straits.

The parents and students are seeking immediate intervention by the officials of the Ministry of Education to protect their right to education and to carry out their educational activities without interruption from the administration. They appeal to the State authorities to investigate this issue, and effectively interfere and effect all measures necessary to redress the situation and bring the educational activities of these innocent children, back to normal.

In view of the above, I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the question of dismissing the four volunteer teachers of the Monaragala Wellassa Subagya Special for children with special needs in Sri Lanka and take collective measures to address this issue by the Ministry of Education of Sri Lankan and restore the educational activities of these children with immediate effect.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

1. Minister of Education
Ministry of Education 
“Isurupaya”, Pelawatta 
Battaramulla 
Sri Lanka.
Phone: +94 112 785141-50
Fax: +94 11-2784825 
Email: info@moe.gov.lk

2. Secretary for Education
Ministry of Education 
“Isurupaya”, Pelawatta 
Battaramulla 
Sri Lanka.
Phone: +94 112 785141-50
Fax: +94 11-2784825 
Email: info@moe.gov.lk

3. Mrs. Natasha Balendra
Chairperson – National Child Protection Authority
National Child Protection Authority
No. 330, Thalawathugoda Road
Madiwela
Sri Jayawadrenapura
Sri Lanka.
Tel: +94 11 2 778 911 – 4 (Ext:121)
Fax: +94 11 2 778 915
Email: chairperson@childprotection.gov.lk

4. Secretary
Human Rights Commission of Sri Lanka, 
No 108 Barnes Place
Colombo 07 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
Email: sechrc@sltnet.lk 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-040-2015
Countries : Sri Lanka,
Issues : Administration of justice, Child rights, Right to education,