Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a 15-year-old boy was denied to attend school since 3 July 2007 after it was alleged that he had had a love relationship with a female student, which allegation he denied. However his education has been denied until now and no authority pays attention to his right to education.
CASE DETAILS:
On 3 July 2007, 15-year-old Kaluthara Vedage Samidu Chaminda Fonseka, a Grade 10 student at Weera Puran Appu Viduhala, Moratuwa returned to the school after a 2-week absence with his father. His class teacher, known as Deepthi, notified them that she could not accept the boy back into the school and asked to meet with Chaminda’s mother.
That day, his mother returned to the school with Chaminda and was told to meet with the school Principal in his office. The Assistant Principal and the teacher named Deepthi were also present. The Assistant Principal and Deepthi informed Chaminda’s parent that Chaminda had had a love affair with a girl in the school. The Assistant Principal presented a letter as evidence, which was signed by Chaminda. However, Chaminda denied the contents of the letter, stating that he was forced to sign it by the Assistant Principal. The Assistant Principal and Deepthi insisted that Chaminda be expelled from the school. They stated that if he were not expelled the teachers would refuse to work and would leave the school. They also stated that the girl concerned had also been taken away from the school. The school Principal then suggested that the expulsion document would be issued but would not mention the reason for expulsion or the alleged incident.
Chaminda is now at home. He is to sit for his Ordinary Level examination next year, so this interruption to his study will affect him adversely.
The victim’s father, Kalutara Vedage Sarath Gamini Fonseka has sent a written complaint to the Chairman of the Human Rights Commission, the Chairman of the National Police Commission, the Inspector General of Police (IGP), the Officer-in-Charge, Child and Women’s Bureau, the Director of Regional Education – Piliyandala, and the Director of Education – Western Province Department of Education.
ADDITIONAL COMMENTS:
This is not the first time that school teachers in Sri Lanka have attempted to interfere with a student’s right to education. The AHRC has earlier documented a similar case of a 15-year-old girl in Galle District, Sri Lanka (UA-187-2007), amongst a large trend of such cases.
The Sri Lankan government should preserve the right to education, as Sri Lanka has ratified the Convention of the Rights of the Child on 21 July 1991. Article 28 provides: “States Parties [should] recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity.”
The right to education has also been incorporated into the domestic law in the Constitution of Sri Lanka. Article 27(2)(h) states an objective of the State is “the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.”
SUGGESTED ACTION:
Please send a letter to the authorities listed below to take immediate intervention into this case and to ask for Chaminda to be reinstated into the school and for due disciplinary and legal action to be taken against those people interrupted Chaminda’s right to education
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Deprivation of right to education to 15 year-old boy
Name of victim: Kaluthara Vedage Samidu Chaminda Fonseka, 15 years old, Grade 10 (B) student at Weera Puran Appu Viduhala, Moratuwa, Sri Lanka, residing at 20/1 St. Peters Lane, Moratumulla, Moratuwa
Name of alleged perpetrators: Principal, Assistant Principal and Class Teacher known as Deepthi at Weera Puran Appu Viduhala, Moratuwa
Place of incident: Office at Weera Puran Appu Viduhala, Moratuwa
Date of incident: 3 July 2007 to date
I am writing to voice my deep concern regarding the denial of the right to education to 15-year-old Chaminda Fonseka. The school Principal, the Assistant Principal and his class teacher would not allow him to return to school after a two week absence, alleging that he had had a love relationship with a female student. Chaminda has denied such allegations, however he has been expelled from the school.
On 3 July 2007, Chaminda Fonseka, a Grade 10 student at Weera Puran Appu Viduhala, Moratuwa returned to the school after a 2-week absence with his father. His class teacher, known as Deepthi, notified them that she cannot accept the boy back into the school and asked to meet with the victim’s mother.
That day, Chaminda’s mother and father returned to the school with Chaminda and was told to meet with the school Principal in the office. The Assistant Principal and the teacher named Deepthi were also present. The Assistant Principal and Deepthi informed the victims parents that Chaminda had conducted a love affair with a girl in the school. The Assistant Principal presented a letter as evidence, which was signed by Chaminda. Chaminda denied the contents of the letter, stating that he was forced to sign it by the Assistant Principal. The Assistant Principal and Deepthi insisted for Chaminda to be expelled from the school. They stated that if he were not expelled then the teachers would refuse to teach and will leave the school. They also stated that the girl concerned had also been taken away from the school. The school Principal offered to the victim that the expulsion document would be issued without any mention of this alleged incident.
Chaminda is now at home. He is to sit for his Ordinary Level examination next year, so this interruption to his study may affect him adversely.
The Sri Lankan government should preserve the right to education, as Sri Lanka has ratified the Convention of the Rights of the Child on 21 July 1991. Article 28 provides: “States Parties [should] recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity”.
The right to education has also been incorporated into their domestic law in the Constitution of Sri Lanka. Article 27(2)(h) states an objective of the State is “the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.”
In light of the above, I urge you to immediately reinstate Chaminda into the school so that he may resume his studies. I further request you to conduct a departmental investigation into the involvement of the Principal, Assistant Principal and teacher Deepthi at Weera Puran Appu Viduhala in the denial of the right of education to Chaminda, and for strong disciplinary and legal action to be taken if the allegations are proven.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Minister for Education
Ministry of Education
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
2. Chairperson
National Child Protection 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
3. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: police@police.lk
4. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
5. Secretary
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
6. Chief Minister
Western Province- Sri Lanka
Srawasthi Mandiraya
No 32,Sri Marcus Fernando Mawatha
Colombo 07
SRI LANKA
Tel: (+94) 11 2698410
Fax: (+94) 11 2693966
Email :chiefminist@sltnet.lk
7. Mr. Vernor Munoz
Special Rapporteur on the right to education
OHCHR-UNOG, Palais Wilson,
8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EDUCATION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
