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SRI LANKA: Boy fears more harassment as teachers' alleged misconduct goes unpunished

November 6, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

6 November 2007
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UA-316-2007: SRI LANKA: Boy fears more harassment as teachers' alleged misconduct goes unpunished

SRI LANKA: Right to education; corporal punishment; inhuman and degrading treatment
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a Sri Lankan teenager, who was allegedly assaulted by a teacher, is being denied his right to education due to intervention by the teacher's colleagues. After the assault in May 2007, a new school was arranged for the boy with the help of Zonal education authorities in October 2007. However the boy is too scared to attend the new school, as it is alleged that teachers from his previous institution are allowed to harass him. Moreover, there has been no investigation of the matter, not to speak of disciplinary action over the case of corporal punishment of a minor.

CASE DETAILS: (Based on testimony from the victim's grandfather)

According to the information received, at around 9:30 am on 24 May 2007, Mr. Thenuwara Hendige Hubert Lakshman de Silva (62) received a telephone message from the principal of St. Marys Maha Vidyalaya, the school his grandson was attending, asking him to go there immediately. When he went to the school, he saw his grandson, Galagoda Henagedara Hashan Shanaka Perera (14), and another boy kneeling on the ground with their hands outstretched.

Hashan appeared to be bleeding from his nose. Lakshman de Silva asked whether the principal, Ms. Amara Gamage, had hit Hashan. She sarcastically replied that he had been treated well. She said Hashan was being disciplined as he and the boy kneeling beside him had pulled down the zip of another boy's trousers. She also said the other boy had pulled the zip and that Hashan had a pole in his hand. The principal then insisted that Hashan be removed from the school, but the grandfather demurred. What the principal did not say was that Hashan had been assaulted but it was later revealed that a teacher named Sadatissa had hit him hard on his head, ear and back. Lakshman de Silva took Hashan to a private medical practitioner and got him treated.

On 27 May 2007, Lakshman de Silva went to the school with Hashan and was told the principal would not allow him to continue studying in the school. On June 2, the grandfather lodged a complaint regarding the matter at the Ja Ela police station near Negombo, close to Colombo (complaint no. CIBI 100/29). The next day, he complained to the Women and Children's Bureau (complaint no. MOIB 298/17), which gave him an official form for Hashan to be admitted to a hospital. On June 4, Hashan was taken to the Ragama Hospital, where the Judicial Medical Officer (JMO) Dr. R.S.S.M. Peris said the document from the Women and Children's Bureau was not relevant and asked for one to be obtained from the Ja Ela police station. Hashan and his grandfather went again to the hospital with the form from the police on the same day but then the JMO said theirs was a small matter and ignored them. He merely recorded Hashan's weight and height without further examination or treatment and asked them to leave.

On June 8, Lakshman de Silva sent a written complaint to the Director of the Zonal Education Office. A few days later, on June 12 the director visited the school and requested that the boy be allowed to continue his education there but the principal refused.

On September 19, Lakshman de Silva received a letter from the principal asking him to meet her in the school as another school was being arranged for Hashan. The same day, he met the zonal director and learned that the latter had instructed a school named Ja Ela Jayanthi Maha Vidyalaya to admit Hashan.

On October 1, he obtained Hashan's school-leaving certificate from St. Marys and got Hashan admitted to St. Ja Ela Jayanthi Maha Vidyalaya. The following day, October 2, Hashan went to his new school, where it transpired that the teacher Sadatissa, who had allegedly assaulted Hashan, as well as another teacher named Sujatha and some parents of students from St. Marys had met the principal and staff of the Ja Ela Jayanthi Vidyalaya. It was alleged they had spoken against Hashan.

The principal of Hashan's new school then ordered him not to leave the class room. But Hashan went to the canteen during the mid morning break. On his return from there, the principal called him to his office and made him kneel on the ground. The principal told Hashan to ask his grandfather to collect a leaving certificate from the new school on October 3.

On that day, Lakshman de Silva went with Hashan to the school and saw the teacher Sadatissa leaving. The grandfather told the principal that Sadatissa had vitiated the environment and that the boy would not be able to continue his studies. However, the principal of the new school told him Hashan could continue studies there. Nevertheless, Hashan fears further harassment and is reluctant to go back to school.

Lakshman de Silva has sent a written notice on the matter to the Human Rights Commission of Sri Lanka, the National Police Commission, the Inspector General of Police, the Director of Zonal Education in Negombo, the Director of the Department of Education, Western Province, as well as the Women and Children's Bureau.

SUGGESTED ACTION:
Please send a letter to the authorities listed below, demanding action to end all forms of discrimination and harassment in order to protect the boy's right to education so that he may resume his studies without any interference. Please also urge them to investigate the allegation of corporal punishment and, if warranted, discipline the teacher.

To support this appeal, please click here:

Suggested letter:

Dear __________,

SRI LANKA: A boy is in fear of harassment by teachers

Name of victim: Galagoda Henagedara Hashan Shanaka Perera (14), Grade 8 B, St. Marys Maha Vidyalaya, Ja Ela, resident of 48 B Ma Eligama, Ja Ela, Sri Lanka
Name of alleged perpetrators:
1. Amara Gamage, the principal
2. Sadatissa, teacher 
3. Sujatha, teacher
[All are from St. Marys Maha Vidyalaya]
Date of incident: on 24 May 2007

I am writing to you to voice my deep concern over a boy in Sri Lanka being denied his right to education after an alleged assault by a teacher and further harassment thereafter.

According to the information received, on 24 May 2007, Mr. Thenuwara Hendige Hubert Lakshman de Silva (62) went to the school, St. Marys Maha Vidyalaya, and saw his grandson, Galagoda Henagedara Hashan Shanaka Perera (14) and another boy kneeling down with their hands outstretched.

He noticed that Hashan was bleeding from his nose. He asked whether the principal Ms. Amara Gamage had hit the boy, but she sarcastically replied that Hashan had been treated well. She reportedly said Hashan was being disciplined for an offence. She insisted that Hashan be removed from the school, but the grandfather rejected the suggestion. It was later learned that a teacher named Sadatissa had hit Hashan hard on his head, ear and back. Lakshman de Silva took Hashan to a private doctor and got him treated.

On 27 May 2007, Lakshman de Silva went to the school with Hashan and was told the principal was barring the boy from studying there. The grandfather complained to the Ja Ela police station (complaint no. CIBI 100/29) and the Women and Children's Bureau (complaint no. MOIB 298/17) on June 2 and June 3 respectively. He also sent a written complaint to the Director, Zonal Education Office. On June 12 the director asked the principal to allow the boy back into the school but she refused. On September 19, Lakshman de Silva received a letter from the principal saying another school had been arranged for Hashan. The same day, he learned that the Director, Zonal Education, had instructed a school named Ja Ela Jayanthi Maha Vidyalaya to admit Harshan. On October 2, Hashan went to the new school where it transpired that teacher Sadatissa, who had assaulted him, as well another teacher and some parents of students from St. Marys had met the principal and staff of the Ja Ela Jayanthi Vidyalaya. It was alleged that they had spoken against Hashan. The principal of Hashan's new school sought to discipline him by making him kneel on the ground. Subsequently, he asked that the boy's grandfather visit him to collect a leaving certificate from the new school too on October 3.

I am also informed that on that day Lakshman de Silva went with Hashan to the school and saw the teacher Sadatissa leaving. He complained that the teacher had vitiated the environment and that Hashan would have to discontinue his studies. Although the principal of the new school then said Hashan could continue there, the boy now fears further harassment.

I therefore urge investigation of teacher Sadatissa's alleged assault on Hashan and subsequent interference by the teachers of his former school, which resulted in the effective denial of the boy's right to education. I also urge you to ensure that he is protected from all forms of discrimination or inhuman and degrading treatment. I further urge that he be admitted to a school where his old teachers are prevented from interfering and harassing him.

I take this opportunity to draw your attention to the Sri Lankan government's responsibility to investigate the practice of corporal punishment which is prohibited by law and make every effort to protect the right to education of children, free from any harassment.

I look forward to your prompt intervention in this case.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Chief Minister
Western Province Chief Minster's Office
"Srawasthi Mandiraya", No 32
Sri Marcus Fernando Mawatha,
Colombo 07
SRI LANKA

2. Provincial Education Director
Dept. of Education Western Province
"Srawasthi Mandiraya", No 32
Sri Marcus Fernando Mawatha
Colombo 07
SRI LANKA

3. Provincial Department of Education(w.p.)
No 76, Ananda Kumaraswamy Mawatha
Greenpath
Colombo 07
SRI LANKA
Tel: +94 11 2 693 893 / 11 2 693 895
Fax: +94 11 2 693 894 (ATTN: PROVINCIAL DEPARTMENT OF EDUCATION)

4. Director of Education
No 76, Ananda Kumaraswamy Mawatha
Greenpath
Colombo 07
SRI LANKA
Tel: +94 11 2 694 951
Fax: +94 11 2 693 894 (ATTN: DIRECTOR OF EDUCATION)

5. Chairperson
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  

6. Minister for Education
Ministry of Education
"Isurupaya"
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

7. 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    

8. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: police@police.lk 

9. 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   

10. 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)

Document Type :
Urgent Appeal Case
Document ID :
UA-316-2007
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.