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One of the main problems faced by officials involved in the care of children is the lack of precise structures with aims and reporting mechanisms. The task of the NCPA and the Probation Department, whether they are combined or simply work together coherently, involves several dimensions. They must deal with the real needs of children and families instead of being governed by archaic concepts of control. They must understand their responsibility for policy, and ensuring accountability, without dissipating energies on service delivery, which should be left to local officials.

For this purpose they must ensure structured linkages, with other central ministries as well as provincial bodies, and promote multi-disciplinary networking, This requires strong community representation and linkages, withe staff employed on the basis of appropriate skills, with mechanisms for constant training.

The other institution within the Ministry of Child Development is the Children’s Secretariat. Currently this concentrates on children under 5, but its responsibilities should be extended to cover all children. Though other government agencies will provide education and health etc, the Secretariat should promote children’s rights in the fullest sense, and ensure holistic development. Its officials should liaise with officials at Divisional level to monitor progress and satisfactory delivery of services, and conformity to national standards. They must liaise with officials of the Ministries of Health and Education to develop guidelines for action and appropriate areas for intervention.
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Following the consultation at which the Probation Department produced an illuminating note about Children’s Homes, members of the contract group worked out suggestions to prevent what might be termed SECONDARY VICTIMISATION OF children brought before the courts. Though procedures have been laid down, they are often observed in the breach, as with the failure to specify and enforce limitations on those deemed to need care and protection.

This is unfortunately not unique in Sri Lanka for similar things happen with regard in general to those who are remanded, and in particular women arrested under the grotesquely outdated Vagrant’s Ordinance. This has been noted and a few years back reports were commissioned to proceed with reforms. But not all the reports were handed in, and they seemed to have been long forgotten, when we brought the matter up at the Parliamentary Consultative Committee.

One report that had been completed, characteristically, was that of Shiranee Tilekawardene, and it made some excellent recommendations with regard to children. However, again perhaps characteristically, it has not been acted upon systematically, one excuse given being that the Ministry was waiting for all the reports to come in.

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A few months back, at the suggestion of the Consortium of Humanitarian Agencies, we arranged consultations on Human Rights at the Reconciliation Office. The invitees were a number of governmental and non-governmental agencies that had significant roles or interests, and the discussions proved extremely productive.

This preparation was helpful when the Minister in charge of the Inter-Ministerial Committee on the National Human Rights Action Plan appointed me to convene the Task Force he established to expedite activity in this regard. Though we have no powers, the discussions we held have shown both the keenness of most government institution to move forward, and the need for better coordination to ensure productive action.

Meanwhile we continued with informal consultations so as to get maximum input from the non-governmental sector too. But partnership with relevant government agencies is however essential to promote both understanding and action, and I have been deeply impressed by the systematic way in which several agencies have laid out current positions and steps they are taking to improve the services available.

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Speech of Prof Rajiva Wijesinha

On the votes of the Ministry of Child Development and Women’s Affairs

In the Committee Stage of the Budget, December 9th 2013

 

I am honoured to speak on the votes of the Ministry of Child Development and Women’s Affairs, which deals with perhaps the most important subject we need to consider. I say this because, while the development programme government has put in place with regard to infrastructure is vital, it will serve no purpose unless we also concentrate on human development. In this regard we need to ensure that our children are in full enjoyment of all their rights, and that we also empower them so that any violations are minimized.

It is equally important, Mr Speaker, to ensure that women are not only protected, but also empowered. For this purpose we must put in place coherent mechanisms that can identify shortcomings and address them promptly and systematically. Above all we must move from simply reacting to problems, but rather anticipate potential problems and avoid them – a strategy, I should add, that would hold us in good stead with regard also to international relations as well as domestic politics.

With regard to Women and Children, I am happy to say that we have an active Ministry that is able to conceptualize and initiate new measures. Chief amongst these is the establishment of Women and Children’s Units in every Divisional Secretariat. If I might say so, this Ministry has been the first to recognize the importance of the Division, which is the first active interface between government and people. Indeed this Ministry has also recognized the importance of the Grama Niladhari Division, which is the first actual interface, though it is for the raising of issues rather than solving them. I should add that it would make sense to set in place, even in GN Divisions, consultative mechanisms to resolve simple problems. However it the Division that is the first level at which more important decisions can be taken, and where the front line officers of various government institutions can meet to discuss problems and plan responses – and where they can discuss trends that will help them to anticipate problems and avoid them.

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Rajiva Wijesinha

July 2019
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