SRI LANKA: Denial of education to marginalised students affected by the tsunami and the issue of the right to adequate housing 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-38-2005
ISSUES: Child rights,

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to inform you of a situation regarding the denial of education to marginalised students affected by the tsunami in Sri Lanka. The Egoda-Uyana Junior School at Moratuwa in the Colombo District, Sri Lanka is situated in an area that was devastated by the tsunami of 26 December 2004. Since that day, displaced locals have been living in temporarily erected tents on the premises of the school. As a result of this occupation, all of school’s students have been denied their right to education, for a period now exceeding two months, as the government has failed to locate suitable and permanent accommodation for those living on the school grounds. It is noteworthy that students of this school are those from marginalised families.

In a statement issued by the AHRC on 5 January 2005 (see AS-02-2005), we called for urgent measures to be taken so that schools could reopen and children return to their learning. While many of the schools did indeed reopen only weeks after the tragedy of the tsunami, due in large part to the laudable efforts of Unicef, this case demonstrates that not all students have returned to school and are therefore being denied their right to education.

We ask that you write to the Government of Sri Lanka urging it to take immediate steps so that Egoda-Uyana Junior School can be reopened. To achieve this, the government must locate an alternative place of residence for those people living on the school grounds, and in doing so, ensure that this is both suitable and permanent.

Urgent Appeals Desk

The Asian Human Rights Commission

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DETAILED INFORMATION:

The victims:

1. 522 students of the Egoda-Uyana Junior School at Moratuwa in Colombo District

2. Displaced people due to tsunami who are temperately staying at Egoda-Uyana Junior School

Case status:

The Egoda-Uyana Junior School at Moratuwa (within the Colombo District), is situated in an area that was devastated by the tsunami of 26 December 2004. Since that fateful day, displaced people of the area have been living in temporarily erected tents on the premises of the school. As a result of this occupation, the children of the school have been unable to attend classes and are thus being denied their right to education. It is also noteworthy that students of this school are those from marginalised families.

Prior to the tsunami, the school conducted classes for students from year one to year eleven. It has eight classrooms, an assembly hall and a small science laboratory. There are 522 children (270 girls and 252 boys) enrolled at the school, with 22 teachers and two non-academic staff. Additionally, there are 19 candidates intending to sit the Ordinary Level Examination at the end of this year, of which 17 are female. At the start of the current academic year, there were 36 students who gained admission to year one.

To date the Government of Sri Lanka has been unable or unwilling to find suitable and permanent accommodation for the tsunami displaced people in the area. While the inaction by the government has caused inconvenience to the children and their families, it has also violated their rights in regards to education and adequate housing.

As a signatory to the Convention of the Rights of the Child, and in accordance with Article 28 in particular (States Parties recognise the right of the child to education), the Government of Sri Lanka must ensure that these children return to school and receive their right to education. Furthermore, the government must also recognise the right to adequate housing as mentioned in article 25 of the Universal Declaration of Human Rights, article 11 of the International Covenant on Economic, Social and Cultural Rights, article 14 of the Convention on the Elimination of All Forms of Discrimination against Women and article 27, number 3 of the Convention on the Rights of the Child.

SUGGESTED ACTION:

Please send a letter, fax or email to the Government of Sri Lanka and express your concern about this matter.

 

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

SAMPLE LETTER

Dear___________,

SRI LANKA: Denial of education to marginalised students affected by the tsunami and the issue of the right to adequate housing

I write to express my extreme disappointment at the inaction of the Government of Sri Lanka in returning students to school and ensuring adequate housing for them and their families. According to the information I have received, 522 students from Egoda-Uyana Junior School at Moratuwa (within the Colombo District), are currently being denied their right to education as the government has failed to located alternative accommodation for displaced locals who have taken up residence in temporarily erected tents on the school grounds. It is noteworthy that students of this school are those from marginalised families.

While I acknowledge that many of Sri Lanka's schools did reopen shortly after the tragedy of the tsunami, due in large part to the laudable efforts of Unicef, it is every child's right to a school education, and thus Egoda-Uyana Junior School must be reopened.

I write to you, therefore, urging the Government of Sri Lanka to take immediate steps so that Egoda-Uyana Junior School can be reopened. To achieve this, the government must locate an alternative place of residence for those people living on the school grounds, and in doing so, ensure that this is both suitable and permanent. As a signatory to the Convention of the Rights of the Child, and in accordance with Article 28 in particular (States Parties recognise the right of the child to education), the Government of Sri Lanka must ensure that these children return to school and receive their right to education.

Furthermore, the government must also recognise the Right to Adequate Housing as mentioned in article 25 of the Universal Declaration of Human Rights, article 11 of the International Covenant on Economic, Social and Cultural Rights, article 14 of the Convention on the Elimination of All Forms of Discrimination against Women and article 27, number 3 of the Convention on the Rights of the Child.

Yours sincerely,

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SEND A LETTER TO:

1. Minister for Education 
Ministry of Education
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

PLEASE SEND A COPY TO:

1. Hon. Mr. Mahinda Rajapakse 
Prime Minister 
Cambridge Place, Colombo 7 
SRI LANKA
Fax: +94 11 2 682905 / 575454

2. 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

3. Prof. Harendra De Silva 
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

4. Mr Vernot Munoz Villalobos
Special Rapporteur on the Rights to Education 
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006

5. Mr. Miloon Kothari

Special Rapporteur on adequate housing
Room 4-066
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 90 10

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-38-2005
Countries : Sri Lanka,
Issues : Child rights,