On 1st January 2024, The President of Sri Lanka and the Cabinet Minister of Women and Child Affairs and Social Empowerment have implemented the Children and Young Persons (Amendment) Act, No 39 of 2022, published in Extraordinary Gazette notification No 2366/09 of 8th January 2024.
However, not a soul responsible for child protection in the crisis riddled paradise was aware of it; not even the National Child Protection Authority (NCPA) – the most powerful institution responsible for child welfare, and not even the Sri Lanka Police – whose annual grave crime report confirms that child abuse is one of the top five grave crimes in 2023.
Even the Department of Probation and Child Care Services that objected to the implementation of the Act when it was tabled in Parliament in November 2022 was not aware, and neither the judiciary that was informed by the Additional Secretary (Legal) to the Ministry of Justice in April 2023 upholding the objections of the Department of Probation and Child Care Services.
WHAT is the conspiracy to secrecy on protecting and promoting the rights of children?
State Party Obligations:
Sri Lanka, once known as the ‘Pearl of the Indian Ocean’ was honoured as the only South Asian path finding country committed to ending violence against children – Sustainable Development Goal SDG 16.2 in 2017.
After much pomp and glory in launching the National Plan to End Violence Against Children (NPEVAC) at Water’s Edge Hotel, it became an instant flop in 2018 with the key government stakeholders refusing to participate further.
NPEVAC was spearheaded by the Ministry of Women and Children’s Affairs with UNICEF and Save the Children being key partners.
Having ratified the UN Convention of the Rights of the Child (UNCRC) in 1991, Sri Lanka has repeatedly agreed to end violence against children, including corporal punishment and implement juvenile justice reforms of the outdated laws and policies contrary to global principle ‘in the best interest of the child’. The next assessment of the UNCRC is coming up in 2024/2025.
WHY is Sri Lanka playing hide and seek?
Children and Young Persons Ordinance (Amendment) Act – “CYPO”
The Children and Young Persons Ordinance (Amendment) Act – “CYPO” is the legislation governing justice for children since 1939 that magistrates refer to when dealing with children who come into contact with the law as victims and as the accused of crimes. The long awaited amendment to CYPO that came into force with effect from 1 January 2024 marks a significant step towards protecting the rights and welfare of all children in Sri Lanka.
The CYPO previously only covered those up to the age of 16. The amendment now extends its protection to all children under the age of 18, consistent with the universal definition of a child.
Furthermore, the amendment also repeals the Section 71(6), which permitted the use of corporal punishment on children and adolescents by parents, teachers or guardians.
These amendments not only contribute to the alignment of Sri Lanka’s laws that address children’s rights with international standards – particularly the United Nations Convention on the Rights of the Child (UNCRC) – but also address the evolving needs and challenges faced by children and adolescents in the country.
DAILY MIRROR
