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Karuna group/TMVP
24.28 The report of the UN Secretary-General ‘Children and armed conflict’, dated 13 April 2010 recorded:
“There has been no evidence of significant recruitment by the Tamil Makkal
Viduthalai Pulighal (TMVP) 15 in 2009…
“From December 2008 to November 2009, 21 cases of child recruitment were reported, 78 children were released and only 5 children remain associated with the group. TMVP declared that those children were not in their ranks and police investigations are ongoing in each of those cases. In addition, 60 persons who were recruited as children and are currently over 18 years of age remain associated with the group.” [6e] (Paragraph 147)
“During the mission to Sri Lanka by the Special Envoy of my Special
Representative for Children and Armed Conflict, a number of reports were received on recruitment of children and threats of re-recruitment by Iniya Barrathi (who was part of the TMVP breakaway faction, under Karuna’s leadership, and is referred to as “commander”) in Ampara district in the Eastern province.” [6e] (Paragraph 148)
24.29 The Coalition to Stop the Use of Child Soldiers Sri Lanka April 2010 report noted that:
“From 2004, hundreds of child soldiers were also forcibly recruited and used by the Karuna group and its political wing the Tamil Peoples Liberation Tigers (Tamil Makkal Viduthalai Pulikal –TMVP).”
“By December 2009 the TMVP had released almost all the children believed to be in its ranks.”
“Investigations into the complicity of security forces in forced recruitment of children by the Karuna group have not progressed satisfactorily and several leaders of the group now hold senior government positions.” [61b] (p1)
24.30 The same source added that “Although the illegal recruitment of under-18s by the Karuna group and later by the TMVP was well documented from 2006 onwards, no effective action was taken by the authorities to halt the practice or to release children from their ranks for several years. Concerns about the complicity of elements of the security forces in such practices have yet to be adequately responded to.” [61b] (p6)
24.31 The USSD report 2009 observed that:
“The government made significant progress towards its goal of eliminating the child soldier problem among the TMVP. By December 31 [2009], the UN Children's Fund reported that the number of child soldiers still involved in the TMVP was down to five. TMVP officials claimed they did not know where these five individuals were located, and the government was actively working to find them.” [2b] (Section 1g)
24.32 The AI report 2010 recorded that “TMVP members and cadres loyal to the former TMVP leader, V. Muralitharan (known as Karuna), were accused by local parents of child recruitment in Batticaloa district.” [3c]
24.33 The UNHCR ‘Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Sri Lanka’, 5 July 2010, reported that:
“As a positive development, all but two children out of 596 child soldiers associated with Tamil Makkal Viduthalai Pulikal (TMVP) and documented by UNICEF since 2006 have been released by the TMVP following the signing of an Action Plan in December 2008. Recruitment and rerecruitment of children is, however, reported in Ampara district in the Eastern Province by ‘commander’ Iniya Barrathi who was part of the TMVP breakaway faction under Karuna’s leadership.”
“TMVP members and cadres loyal to Karuna have also been accused of child recruitment in Batticaloa district. “
“To date, no investigations or prosecution of cases of recruitment of children, an offence under the Penal Code, have been undertaken.” [6h] (p8)
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Other groups
24.34 The Coalition to Stop the Use of Child Soldiers Sri Lanka April 2010 report noted that “Several other armed political groups with links to the security groups which have operated in Sri Lanka since the 1990s, have recruited and used children although to a much lesser extent…Sporadic cases of child recruitment by armed groups with links to the security forces continued to be reported as of February 2010.” [61b] (p1)
24.35 The same source added that
“There were reports in the past of the Eelam People’s Revolutionary Liberation Front (EPRLF), the People’s Liberation Organisation of Tamil Eelam (PLOTE), Tamil Eelam Liberation Organisation (TELO) and the Eelam People’s Democratic Party (EPDP) recruiting and using children, although not in large numbers…Current information indicates that EPDP and PLOTE are continuing to recruit and use children for task-specific purposes. For example, in the lead up to the presidential election in January 2010, children were reportedly recruited to assist these groups with tasks including guarding their offices and distributing campaign material.” [61b] (p8)
24.36 The UNHCR ‘Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Sri Lanka’, 5 July 2010 observed that it had been reported that “the Eelam People’s Democratic Party (EPDP) and the People’s Liberation Organization of Tamil Eelam (PLOTE) are continuing to recruit and use children for task-specific purposes, such as guarding offices.” [6h] (p8)
See also Section 9: Military Service; Section 19: Freedom of Religion (Introduction); Section 13: Prison Conditions; Section 23: Women; and Section 25: Trafficking. For information about violence as a result of the security situation, which affected children directly and indirectly, and abuses committed by the security forces and non-government groups see Section 8: Security forces and Section 10 on Abuses by non-government armed forces. The internal conflict also displaced large numbers people and created humanitarian problems in the north and east of the country, both affecting children. See also Section 27: Humanitarian issues and Section 29: Internally Displaced People (IDPs)
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Childcare and protection
24.37 In UNICEF’s comments to the UN’s Universal Periodic Review of Sri Lanka which was taking place during 2008, though the document itself is undated, (accessed 20 September 2010), it was reported that:
“The protection of children is a concern. Children in contact with the law are often re-victimised, this includes both child victims of abuse and neglect and also child offenders. This takes the form of ill treatment, at times extending to torture of child offenders, delays, separation from families, incarceration, disruption of education and lack of attention to their therapeutic needs. Trainings carried out so far have addressed the attitudes and skills of individual service providers but failed to develop standards and procedures which would enable a uniform protective environment to all children in contact with the law. Legal reforms have generally been top down and they have not taken into account the views and experiences of children and service providers. The strengthening of practice must be supplemented with a continuous review of law and policy, institutionalized training and the provision of necessary infrastructural support. Key issue is that the age of criminal responsibility is 8yrs with the courts having discretion to extend to 12 yrs depending on the subjective assessment of level of maturity.” [53e]
24.38 On the subject of protection the USSD report 2009 noted that “The Department of Probation and Child Care Services provided protection to child victims of abuse and sexual exploitation and worked with local NGOs that provided shelter.” [2b] (Section 6)
24.39 On 16 August 2010 the Daily Mirror (Sri Lanka) reported that the Probation and Child Care Services (DPCCS) Department had stated that “More than 500 cases of child abuse have been reported in the past six months from some 420 government and privately maintained children’s homes in the country…” [16p]
Government and NGO childcare
24.40 The UNICEF comments to the UN in its Universal Periodic Review of Sri Lanka, undated, accessed 20 September 2010, observed that:
“Institutional care is at present the most common solution for children deprived of parental care in Sri Lanka. At the end of 2006 more than 19,000 children were living in these institutions, separated from their families; girls outnumber boys by 8 percent (i.e. they represent 54%).
“Fostering is possible through the issuing of a Fit Person Order, but such an order is utilized only in cases where children can be entrusted to a relative. Furthermore, the recourse to institutional care is frequently practiced also to solve family problems not related to parental care: children are sent to institutions either through an intervention of the officers of the Department of Probation and Child Care Service (DPCCS) - which is the agency providing social services to children - or directly by parents.” [53e]
24.41 A comprehensive list of NGOs for children operating in Sri Lanka is available from the website of CRIN (Child Rights Information Network) [14]
See also Section 23: Women
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Education
24.42 The USSD report 2009 recorded that “The law required children between the ages of five and 14 to attend school. The government provided extensive systems of public education and medical care. Education was free through the university level. Health care, including immunization, was also free and available equally to boys and girls.” [2b] (Section 6) The youth (15-24 years) literacy rate, 2000-2007, was 97 per cent for males and 98 per cent for females. (UNICEF Sri Lanka, Statistics, Education, undated) [53c]
24.43 The UNICEF ‘Humanitarian Action Report 2010’, dated February 2010 recorded that “An estimated 120,000 children have had their education disrupted by the prolonged period of conflict. Teachers have been displaced and schools occupied by displaced persons, problems which are heightened in areas of return, where the existing infrastructure is in very poor condition and education services are stretched to near breaking point.” [53a] (p118)
24.44 The same report added that:
“The combined efforts of UNICEF, Save the Children and partners in the Education Cluster, gave displaced children, as well as host community children, new opportunities to resume their schooling and educational development. Over 200 UNICEF-funded temporary learning spaces of varying size, equipped with learning materials and kits, were constructed in cooperation with local authorities and partners, providing safe learning environments in settlement areas.” [53a] (p118)
24.45 A letter from the British High Commission (BHC), Colombo, dated 13 August 2010, reported that:
“A Senior Government Official in Mullaitivu stated that 62 out of 84 schools were now open in the district.
A group of returned IDPs in Pooneryn, Kilinochchi told us that whilst some of the schools were open, teachers were having to travel from Jaffna and as a result were only present from 11am to 1.30pm. They also commented that some school buildings in Kilinochchi were occupied by the military.
A Senior Government Agent in Vavuniya stated that in her district there was a real shortage of teachers, particularly English and science teachers.” [15o]
24.46 The Sri Lanka Department of Census and Statistics recorded in their Statistical Abstract 2009, Socio Economic Indicators (undated, website accessed on 20 September 2010) that in 2008 there were 9,662 Government schools; 94 private schools and 691 Pirivenas [Buddhist monastic colleges] with a total number of pupils of 4,100,495 in 2008. In Government schools the Pupil Teacher Ratio was 18. [58c]
See also Section 23: Women and subsection above on Violence against children.
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25. Trafficking
25.01 The US Department of State’s Trafficking in Persons Report, released on 14 June 2010 noted that:
“Sri Lanka is primarily a source and, to a much lesser extent, a destination for men and women subjected to trafficking in persons, specifically forced labor and forced prostitution. Sri Lankan men and women migrate consensually to Kuwait, Jordan, Saudi Arabia, Qatar, Lebanon, the United Arab Emirates (UAE), Oman, Bahrain, and Singapore to work as construction workers, domestic servants, or garment factory workers. Some of these workers, however, subsequently find themselves in conditions of forced labor through practices such as restrictions on movement, withholding of passports, threats, physical or sexual abuse, and threats of their detention and deportation for immigration violations…
“Within the country, women and children are trafficked into brothels, especially in the Anuradhapura area, which was a major transit point for members of the Sri Lankan Armed Forces heading north. Boys are more likely than girls to be forced into prostitution – this is generally in coastal areas for domestic child sex tourism. A small number of women from Thailand, China, and countries in South Asia, Eastern Europe, and the former Soviet Union may be subjected to forced prostitution in Sri Lanka…
“Sri Lanka does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. During the year, the government enacted a law that facilitates the prosecution of recruitment agencies engaged in fraudulent recruitment. While the government made little progress in identifying trafficking victims, it did provide some training on identification. Despite these overall efforts, including rehabilitating child soldiers and reintegrating them into their communities and families the government has not shown evidence of progress in convicting and punishing trafficking offenders and identifying and protecting trafficking offenders.” [2c] (Sri Lanka Section)
25.02 The same USSD report added:
“The Sri Lankan government made some law-enforcement efforts in addressing human trafficking cases over the reporting period. Sri Lanka prohibits all forms of trafficking through an April 2006 amendment to its penal code, which prescribes punishments of up to 20 years’ imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other serious offenses, such as rape… The government made limited progress in ensuring that victims of trafficking received access to necessary services during the year…“Government personnel did not employ formal procedures for proactively identifying victims, but various agencies on an ad hoc basis identified approximately 75 victims in 2009.” [2c] (Sri Lanka Section)
See also Section 23: Women; Section 24: Children; and Section 29: Internally Displaced People
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26. Medical issues
Overview of availability of medical treatment
26.01 The WHO (World Health Organisation) Country Health System Profile Sri Lanka (undated, website accessed on 25 January 2010) provides useful general information on the health resources in Sri Lanka:
“A wide disparity in the regional distribution of health personnel is evident. The Colombo district has a high concentration of most categories of health personnel except public health staff. In 2001, 35 percent of the specialists were concentrated in the Colombo district…. (Section 4.1) The government health sector takes care of healthcare needs of the vast majority of the population. The private sector in health had been small in terms of service provisions and financing. It is only recently that the private sector has been growing mostly in urban areas. The private sector contribution has been mainly in urban areas.… (Section 4.2) Adequate emphasis is given in the past in building physical infrastructure, including facilities and equipment, as a means of developing national healthcare system. This has lead to a countrywide, comprehensive network of health centres, hospitals and other medical institutions.” [68c] (Section 4.2)
26.02 The WHO Mini profile 2007 (accessed on 25 January 2010), Sri Lanka recorded that:
“The public sector provides health care for nearly 60% of the population and caters to 95% of inpatient care. The private sector provides mainly curative care, which is estimated to be nearly 50% of outpatient care. This is largely concentrated in urban and suburban areas...The public sector provides care under allopathy and ayurvedic systems. But there are private practioners [sic] of Unani, Siddha and Homeopathy systems as well. Nearly 60% of the rural population relies on traditional and natural medicine for their primary health care.” [68b] (p14)
26.03 A detailed list of government hospitals is available from the website of the Sri Lankan Ministry of Healthcare and Nutrition (accessed on 25 January 2010). [67b] The following government hospitals exist in the Colombo district:
“Teaching Hospital
NH-Colombo General (Line Ministry Inst.)
TH-Castle (Line Ministry Inst.)
TH-Eye (Line Ministry Inst.)
TH-L.R.H (Line Ministry Inst.)
TH-Soysa (Line Ministry Inst.)
TH-Kalubowila (Line Ministry Inst.)
TH-Angoda Mental Hospital (Line Mini I.)
TH-Cancer Institute (Line Ministry Inst)
TH-Dental Institute (Line Ministry Inst)
TH-Sri Jayawardenepura (Line Mini Inst)
Base Hospital Type A
BHA-Avissawella
BHA-Homagama
BH-Fever Hos. Angoda IDH
District Hospital
DH-Moratuwa
DH- Premadasa Memorial-Maligawatta
DH-Wetara” [67d]
The list also provides details of Government hospitals in other districts. [67b]]
26.04 A different section of the same website recorded that in total in Sri Lanka there are 612 hospitals with a total of 66,835 hospital beds (Medical Institutions and Bed Strength in Sri Lanka by hospital type – Year 2008, undated, website accessed on 25 January 2010) [67c]
26.05 The WHO Core Health Indicators, World health statistics 2008, undated (website accessed on 27 January 2010) recorded that in 2004 (latest available figures) in Sri Lanka there were 10,479 physicians (between generalists and specialists) while the number of nursery and midwifery personnel was 33,233 and that of the pharmaceutical personnel was 990. [68d]
26.06 Additional information is available from the Ministry of Health 'Health Manpower’, updated on 31 December 2008 (website accessed on 19 January 2010) [67a]
26.07 A letter from the British High Commission, Colombo, dated 12 January 2010, reported:
“The Director of Regional Health in Jaffna told us that there are 38 government hospitals in the Jaffna District providing 950 beds. However, he said that there are acute staff shortages that need to be addressed. There should be 19 specialist consultants in the district but there are none at present, although he pointed to a ‘house team’ at Point Pedro Hospital which had 3 of their own specialists. There should be 110 doctors but currently there were only 14, and with regard to Registered Medical Officers (paramedics) there were currently only 20 when there should be 58 working within the district.
“With regard to the equipment in the hospital facilities, the Director said that there were two problems, one was obtaining the equipment, and the second was having persons to operate the equipment. The equipment in many hospitals was basic.
“The Director stated that major surgery could be carried out at Point Pedro Hospital and at the Jaffna Teaching Hospital. However, a lack of specialists such as neurosurgeons meant that some patients were transferred to Colombo for surgery, and there were no facilities for heart surgery or some forms of cancer treatment in the district. Many patients requiring specialist treatment would travel to an appropriate hospital in Colombo. ICRC provided flights twice a week to transfer patients to Colombo, and emergency cases were flown down by the Sri Lankan Air Force. The district also had an emergency ambulance service that guaranteed a 10-minute response time.” [15p]
26.08 A letter from the British High Commission (BHC) in Colombo, dated 13 August 2010, reported that:
“Medical staff at Kilinochchi General Hospital explained that the hospital was shelled during the final weeks of the war and had to be abandoned. It was undergoing a complete refurbishment and had re-opened in May 2010. A surgical team showed us around and explained that they have the capacity at the moment to undertake routine surgery. Patients requiring more complicated surgery were normally transferred to Vavuniya. We also visited the maternity ward where there were currently around 160 births a month. The staff explained that many IDP mothers had been deprived of quality food during their pregnancies and this had been reflected in the babies born. Currently 20% of babies born were under-nourished, but staff did indicate that this was dropping month by month.
“A Senior Government Agent in Mullaitivu said that the hospital in Mullaitivu was operating again from within a military area. She added that the problem was staffing the hospital as doctors were not keen to come to the area.” [15o]
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Availability and affordability of drugs
26.09 A letter from the British High Commission in Colombo, dated 1 October 2008, reported that:
“We have contacted the State Pharmaceutical Co-operation (SPC) chairman Mr Ranjith Maligaspe. We were told that medical care is affordable for the average person in Sri Lanka. Most conventional medicines are available and government hospitals provide drugs free of charge, unless prescribed outside. Drugs are cheaper at SPC than in the private sector. SPC deal with 3000 drugs and surgical items, while the private sector supplies about 700 items. He added that in comparison most drugs would be cheaper than in the United Kingdom for prescription and dispensing charges. The Healthcare and Nutrition Ministry banned the prescription of drugs by their trade names, instead insisting on the use of their generic names as of 1st January 2008. This law applies to doctors in government service as well as in the private sector. The objective of this change was to support the National Drugs Policy of late Professor Senaka Bibile, and to 'ease the burden on the public' and give them ’a quality healthcare service‘. ‘The State Pharmaceutical Corporation (SPC) markets drugs under the Generic name and is most of the time very cheaper [sic] than the branded versions. Thus drugs sold under generic name are usually cheaper than those sold under the brand name…For an example drugs that are prescribed by doctors for high blood pressure range from Rs.7 to Rs.100 each but under the present regulations, a drug which has the same effect and quality can be purchased at Rs.7 each.’” [15c]
See also Section 26 on Mental health
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