SRI LANKA: Teachers discriminate against 11-year-old student for receiving torture compensation 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Harshana Tharindu Wijegunawardena, an 11-year-old student (grade 6) at St. John’s College in Panadura, has been subjected to discrimination and inhuman and degrading treatment tantamount to mental torture after receiving compensation for being assaulted by one of the teachers.

Please send a letter to the local authorities and urge them to take immediate steps to protect Harshana from such discrimination and degrading treatment by the teachers of St. John’s College and to take legal and disciplinary action against those responsible.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

———————————————————————

DETAILED INFORMATION:

Name of victim: Harshana Tharindu Wijegunawardena, an 11-year-old student (grade 6)

Alleged perpetrators: several teachers including Mrs. Pushpa Siriwardene, Mr. Anil, and the Principal
Place of abuse: St. John’s College in Panadura
Period of abuse: From the beginning of the second of term of 2004 until now

Harshana Tharindu Wijegunawardena, an 11-year-old student (grade 6) at St. John’s College in Panadura, has been subjected to discrimination and inhuman and degrading treatment by his teachers, tantamount to mental torture.

On 2 February 2004, Harshana was admitted to the Panadura Government Hospital complaining of injuries to his ear due to the slap by his teacher, Mr. Gamini. Following the medical examination, the ear, nose and throat specialist who carried out the examination reported Harshana’s case to the hospital police post. After the incident was investigated, the Principal of the school intervened in order to settle the matter with the payment of Rs.8,000 as compensation. The principal further stated that he would not allow anyone to further harass Harshana. In any case Harshana was unable to attend anymore classes during the first term due to his ear injury.

From the start of the second term however, Harshana has been discriminated against by his present class teacher, Mrs. Pushpa Siriwardene. He has been singled out and harassed for behaviour that is tolerated from other students, such as bringing a cricket bat to school. The teacher also failed to provide Harshana with a copy of the Environment Studies textbook apparently provided to all other students, and did not allow Harshana to participate in an educational tour organized for students of his class at the end of term.

When Harshana’s mother attended a parent/teacher meeting of grade 6C, she was insulted by Mrs. Siriwardene who told her that teachers had to keep money to pay compensation in order to punish students (referring to the Rs.8000 paid as compensation for Harshana’s ear injury). Mrs. Siriwardene even actively encouraged other students to bully Harshana, saying that he had sold his ear for Rs. 8,000.

When Harshana’s mother discussed the matter of her son being denied the opportunity of participating in the Education Tour, a male teacher, Mr. Anil, scolded her in front of the Principal and some other teachers. He further threatened her by saying that he would take revenge on Harshana for as long as he studied in this school. Mr. Anil also insulted her, saying that she had sold her son’s ear for Rs.8,000. Even though the Principal had earlier said that he would not allow anyone to further harass Harshana, the Principal offered no assistance to Harshana’s mother and even told her that he could do nothing if the teachers were against the student when the above incidents took place.

The AHRC is gravely concerned at the discrimination and degrading treatment of Harshana and his mother by the teachers, under the connivance of the principal. The AHRC has also previously reported on other instances of child abuse by Sri Lankan teachers. This disturbing trend must be immediately checked. Therefore, the AHRC demands an investigation into Harshana’s mistreatment and immediate legal/disciplinary action against those responsible for these unconscionable acts. Harshana should be provided proper protection and he should be transferred to another suitable school where he can continue his education without suffering the stigma or embarrassment of having endured this problem.

SUGGESTED ACTION:
Please send a letter to the National Child Rights Authority of Sri Lanka and demand that it take immediate action to correct this matter.

Prof. Harendra De Silva
National Child Rights Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778915
E-mail: ncpa@childprotection.gov.lk

Send a copy to:

1. Ms. Chandrika Bandaranaike Kumaratunga

President

Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703

2. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

4. Dr. Radhika Coomaraswamy
Chairperson
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

6. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022