National Child Protection Authority Bill

"Penalties for child abuse are too lenient and have many loopholes"

Dallas Alahapperuma (PA-Matara district) said: A child does not belong to a political party, whether it is the UNP, PA, or even LTTE. For that matter a child does not also belong to any religion. Child is the object of the universe. I am speaking today with that philosophy in mind.

There is some confusion with regard to the definition of the word child. Various laws have defined the word in different ways. The constitution gives one definition. The Vagrants Ordinance gives another definition. The definition of the word in the UN convention on Child Rights Protection differs from both the above two definition.

Look at any other act relating to children. You will find different definitions.

We discuss the bill today at a time when a child is receiving treatment in the Matara General Hospital for extensive burns due to pouring of boiling water on him by his father. We are discussing the bill at a time when there is a case in the courts over the rape of a young girl by an elderly man.

Nobody knows how many children are being used in tourist hotels to satiate the lust of some perverted adults.

Please appoint at least two children to the National Child Protection Authority. We never consult children when we do things for them. There are capable children who can express an opinion on matters affecting them. If we fail to consult children that amounts to denial of their rights.

We need a separate judicial system for children who are suspects or convicts of various crimes or offences. By this bill we are targeting innocent children who become victims of abuse. We must also give equal consideration to offenders among children.

The LTTE agreed not to violate children's rights when Olara Otunnu met them in Jaffna. But we don't know whether the LTTE is actually keeping to its word. We must try to find it out.

Problems of children should be resolved today. They cannot be postponed for tomorrow.

Nihal Gallppatti (SLPF-Hambantota District) said: The economy that persisted for almost two decades is the main factor for the sad plight of children today. A UNICEF report states that in Sri Lanka 60% of children are malnourished, 40% are anaemic.

Also 4% of pregnant mothers are anaemic. Prof. W. D. Lakshman has stated that Sri Lanka has the highest rate of underweight births. We are discussing this authority in such a backdrop.

Children in refuge camps are subject to much suffering. The decline of economic standards precipitate child abuse. The penalties for child abuse is too lenient and there are many loopholes. The existing social, economic and judicial systems have to undergo a total transformation to stop the suffering of children.

Pavithra Wanniarachchi (Deputy Minister of Health) said: Children are increasingly falling victims to various abuses despite the fact that we have ample legislation to prevent them. We must examine why this is so. In my view the reason is the law enforcement authorities' failure to enforce laws.

Our children do not know their rights. I appreciate the actions taken by journalists to champion the cause of children. I appeal to them to conduct their campaign with more vigour.

Law's delays also affect the rights of children who are victims of abuses.

The present legal system should be changed to facilitate the determination of cases connected with such abuses only in the presence of the victimised party and the accused party.

Lucky Jayawardena (UNP-Galle District) said: We discussed for three days child abuse. The suggestions for judicial reform and other factors should be considered by the minister. Children go to school on empty stomachs. The Education Ministry should implement a scheme to provide school material and uniforms to school children.

Liquor shops have proliferated during the past four years. This also lead to child abuse. Severe penalties for the distribution of obscene material should be implemented immediately. We wish the Authority succeed and hope that it will not be confined to be institutions that provides jobs.

Tissa Karalliyadda (PA-Anuradhapura District) said: I have always stood for joint efforts by both the government and the opposition to resolve national problems effectively.

I thank both opposition and the government for the spirit of co-operation desplayed by them on the issue of the protection of the rights of children.

Children are affected in two ways in the war situation. One is the recruitment of children to the fighting cadres. The other is the destitution of children.

I appeal to the government to establish a separate minister and ministry to implement the provisions of the Bill.

P. P. Devaraj (CWC-Colombo district) said: Institutions which are expected to enforce laws relating to rights of children had not been functioning properly in the past. What is the reason: Lack of resources and co-ordination. In such a situation the setting up of an authority is important.

In the past many institutions of this nature failed. Some honourable MPs even asked whether the present authority would collapse. The reason for the collapse of such institutions is lack of resources. Now Minister Prof. G. L. Peiris assured the House that all necessary funds would be made available.

Many members pointed out that child abuse was mainly due to poverty of the child's own family.

Lakshman Yapa Abeywardena (UNP-Galle District) said: Among many ideas that transpired at this discussion it was clear that poverty is the root cause. I believe that we can reduce 75% of child abuse if we venture out to the village level with poverty alleviation programmes. If the security forces, Provincial Councils, NGOs act now the plight of unfortunate children could be brought to a halt.

Dixon Perera (PA-Colombo District) said: Millions of children suffer from social and economic malfunctions. Environment degradation, illiteracy are the forerunners of child abuse.

The poor health of the poorer segments specially street children should be one of the considerations of this authority. The media should highlight programmes and articles that stimulate the child's mind for better things.

The distant villages should be screened and children who don't attend schools should be sent to school.

A. H.M. Azwer (UNP — National list) said: Absolute harmony and goodwill prevailed throughout this debate that lasted for 3 days. We are prepared to extend our support to the governments' endeavours. Religion discourages immoral acts including homosexuality. Children should be spared from such influences. Religious teachings should be inculcated in them to prevent them from being attached to immoral influences, and inculcate qualities of discipline and self control.

This country is an attractive place for paedophiles. The culprits including many foreigners that were caught in the act were allowed to escape scot free.

Richard Pathirana, Minister of Education and Higher Education said: There are 4.3 million children attending schools. A large number of children do not attend schools for some reason or other.

The present Bill applies to those under eighteen. Both foreigners and locals sexually abuse children. There were also some school teachers who have induced their own charges to sexual acts with foreigners who pay them a fee.

Some parents employ their young children on begging. Young children also are employed in houses. These are illegal acts and Minister G. L. Peiris should bring forth legislation to stamp out all these illegal acts against children.

Some children are being used for drug trafficking.

A fair percentage of slum children do not attend schools and loiter in bus halting places and engage themselves in nefarious activities.

We have appointed committees on village level to identify children who are not attending schools and to get them admitted to schools. We are also trying to get children who have discontinued their education half way, to be readmitted to schools.

Dinesh Dodangoda (UNP — list) said: We are talking about children born to legally married parents. I would like to speak about children out of wedlock.

This class of children are subject to various social obstacles.

The concept of illegitimacy came to Sri Lanka from the Roman Dutch Law. In our country there was no such difference in the past.

Western countries are now reconsidering these concepts. Sri Lanka should also consider doing something about the so-called illegitimate children.

The children belonging to the category of illegitimates suffer not for their own fault but due to faults of others.

Karunasena Kodituwakku (UNP — Colombo District): Paediatrics and psychologists in this Authority have to serve in government hospitals. The panel of resource personnel are dominated by government officers.

The actions of the officials are protected from outside intervention. This gives unsuitable powers to the officials.

Colombo district itself appear to be neglected. The death rate and school drop out rate is the highest in the Colombo district.

The social welfare schemes that benefitted children should never have been revoked. Child abuse is not the only problem confronting children. Health, Education, proper nutrition are issues that have to be addressed immediately.

In conclusim I wish to thank the professor bringing in this piece of legislation. With regard to parliamentary activities it has to be commented that it is a "one professor show".

W. J. M. Lokubandara (UNP — Badulla District): It is the responsibility of the people's representatives to protect a sensitive section of society. Buddhist history is replete with examples of child victims that were rescued from degrading conditions.

Many proposals that have been brought before have split not only by the members of this House but the rest of the country. Even the Buddhist clergy is divided over the political package. This legislation is a stark contrast. Why can't we unite to solve other burning issues, as well? Minister, you have always acted with good intentions. These legislations have to work. It is also your duty by children to protect them from the influence of tobacco, alcohol and its social evils. Please don't delay the valuable piece of legislation that would discourage the use of tobacco and alcohol. Please don't belittle the importance of the midday meal and other social welfare schemes, that would directly benefit children.

Minister Prof. G. L. Peiris winding up said: There was no rancuor or acrimony throughout this debate.

This legislation which occupies a central position in the body of social legislation is the result of the work of a task force appointed by the President.

I will be proposing at least 15 amendments to the Bill during the committee stage. The President has advised me to call from both government and opposition time to accommodate valuable suggestions.

We will also be deleting the requirement of experience in management as a qualification of the Chairman of the Authority.

Parliament on Wednesday