[RE: UA-164-2005: SRI LANKA: Apparent police inaction into the denial of education of a boy and death threats made against an activist who attempted to help the victim]
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UP-082-2006: SRI LANKA: Sixteen year old continues to be denied education after being assaulted by his teacher
SRI LANKA: Denial of right to education; violation of rights of the child; government inaction; threat and intimidation
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Dear friends,
In September 2005, the Asian Human Rights Commission (AHRC) reported on a 16-year-old boy who had been assaulted by his teacher and subsequently suspended by the school principal on the same day (to see details of this case, please refer to UA-164-2005). The boy was severely assaulted by his teacher, Prasad Janaka during school hours and within the school premises. After the incident, instead of questioning the teacher and taking disciplinary action against him, the principal called the boy to his office and banned him from attending school. Despite the many complaints to the school authorities and provincial education authorities, the boy continues to be deprived of his right to education and although he is scheduled to sit for his GCE Ordinary Level (O/L) examination, it is very unlikely that he will do so as he has been forced to miss all classes over the past year.
Subsequent to the parents having lodged a complaint with the police and numerous requests on behalf of the victim having been made to the authorities, the Hikkaduwa police finally charged the errant teacher before the Galle Magistrates Court in Case No. 59302. Accordingly, the accused was charged under section 314 of the Penal code for having caused simple hurt to the victim.
When the case was brought before the court on 28 February 2006, the victims mother attended and was perturbed to see the entire school staff present within the court premises in support of the accused teacher. The victims mother also said that when the case was called before the Magistrate the police instead of presenting facts on behalf of the victim were busy defending the accused and even indicated to the court that the boys allegation was false.
Meanwhile, while the school staff was rendering their support to the accused teacher, the entire student population was denied their education. It is unclear on whose authority these teachers left their official posts so as to attend the court and as to whether they had obtained prior approval to do so. Furthermore, it is unexplainable that while a victim of crime is arbitrarily deprived of his right to education the alleged perpetrator of the crime is allowed to continue to remain in his same post without even a disciplinary inquiry being held into his conduct.
All details of this current case have been brought to the attention of the President by the victims mother in a letter dated 1 March 2006. It is also worth noting that the victim’s younger brother has likewise been assaulted by his teacher at the same school and is also being denied his right to education (UA-104-2006).
SUGGESTED ACTION:
Please write to the education authorities in Sri Lanka, as well as the President, voicing your condemnation of this case. Despite all being aware of the unfair and arbitrary treatment being meted out to this boy, the authorities have not acted effectively to ensure that the boys right to education is ensured.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
SRI LANKA: Sixteen year old continues to be denied education after being assaulted by his teacher
I write to voice my disgust at the denial of right to education of a student formerly from Gonapinuwela Saralankara School, Galle despite it being he who was the victim of assault by his teacher more than one year ago. The 16-year-old boy was severely assaulted by his teacher, Prasad Janaka during school hours and within the school premises. After the incident, instead of questioning the teacher and taking disciplinary action against him, the principal called the boy to his office and banned him from attending school. Despite the many complaints to the school authorities and provincial education authorities, the boy continues to be deprived of his right to education and although he is scheduled to sit for his GCE Ordinary Level (O/L) examination, it is highly unlikely that he will do so as he has missed a full year of classes.
Subsequent to the parents having lodged a complaint with the police and numerous requests on behalf of the victim having been made to the authorities, the Hikkaduwa police finally charged the errant teacher before the Galle Magistrates Court in Case No. 59302. Accordingly, the accused was charged under section 314 of the Penal code for having caused simple hurt to the victim.
When the case was brought before the court on 28 February 2006, the victims mother attended and was perturbed to see the entire school staff present within the court premises in support of the accused teacher. The victims mother also said that when the case was called before the Magistrate the police instead of presenting facts on behalf of the victim were busy defending the accused and even indicated to the court that the boys allegation was false.
Meanwhile, while the school staff was rendering their support to the accused teacher, the entire student population was denied their education. It is unclear on whose authority these teachers left their official posts so as to attend the court and as to whether they had obtained prior approval to do so. Furthermore, it is unexplainable that while a victim of crime is arbitrarily deprived of his right to education the alleged perpetrator of the crime is allowed to continue to remain in his official post without even a disciplinary inquiry being held into his conduct.
All details of this case have been brought to the attention of the President by the victims mother in a letter dated 1 March 2006. I am also aware that all education authorities have likewise been informed of this case. Extraordinarily, the boy continues to remain unable to attend his classes. It is also worth noting that the victim's younger brother has likewise been assaulted by his teacher at the same school and is also being denied his right to education.
Ironically, the President of Sri Lanka himself designated 2006 as the Year of the Child. Such titles are all very nice, but given the alarming number of cases reported on in recent months regarding the human rights violations of children in Sri Lanka, much more needs to be done if children are to enjoy their rights and freedoms within the country.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. Hiranthi Wijemanne
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk
2. Minister for Education
Ministry of Education
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
3. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax no. +94 11 2693894
4. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org
5. 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
6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
