Sri Lanka
13.09.01
Urgent Interventions
Sri Lanka: Child forced to work for Army personnel
Case LKA 130901.CC
CHILD CONCERN
The International Secretariat of OMCT requests your urgent intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of information about the forced labour to which Palanithami Sasikala, age 17, has been compelled for three years by Sri Lankan Army personnel.
According to the information received, Palanithami Sasikala, from Vishnu Kovil Road, Pethalai Valaichenai, has been working as a domestic aid for Mr. H.H.A.B.S. Opatha's mother in Dambulla since 28-09-1998. Mr. Opatha is an army officer attached to the Kayankeney Army Camp, Valaichenai, Batticaloa.
Palanithami Sasikala was allegedly kidnapped by Mudaliar Velupillai (her uncle) who is from Karupalai village, Batticaloa at the age of fourteen. He took her to his house having promised her to protect her, but unfortunately, he then handed her over to the above afore-mentioned officer who took her to his mother's house in Dambulla, on 28-09-1998.
Once the family of Palanithami Sasikala determined her whereabouts, they reportedly asked Mr Opatha to release her. However he did not, and he threatened them. The family did not file a complaint with the authorities out of fear of reprisal from Mr Opatha. However, thanks to the fact Mr. Opatha was transferred to another post, the family was able to contact the authorities.
The same source of information reported that the complaint was made to the Kalumunai police on 02-07-2001 and the accused was asked to appear. When he did, he did not release the child and proceed to take her back with him to Dambulla. The family made another complaint but the authorities have not taken any action. Palanithami Sasikala has meanwhile not been allowed to attend school and is forced to work without compensation.
The International Secretariat of OMCT expresses its grave concern about the physical and psychological integrity of Palanithami Sasikala. OMCT recalls that Sri Lanka is party to the Convention on the Rights of the Child and, in particular, is bounded by article 32 which enshrines “the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development”.
Furthermore, the ILO Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour, to which Sri Lanka has been party since 11 March 2001, sets the obligation to abolish and eliminate “all forms of slavery or practices similar to slavery, such as (…) forced or compulsory labour, (…)” (article 3(a)).
OMCT is gravely concerned that the authorities in Sri Lanka will not exercise due diligence in the investigation, prosecution and punishment of the persons responsible for the abduction and forced labour of Palanithami Sasikala.
Actions requested:
Please write to the authorities in Sri Lanka, urging them to:
i. release Palanithami Sasikala as a matter or urgency and take all necessary measures to guarantee her physical and psychological integrity;
ii. take all necessary measures to investigate, prosecute and punish those responsible for the abduction and forced labour of Palanithami Sasikala;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, the Convention on the Rights of the Child and ILO Convention 182.
Addresses
Her Excellency President Chandrika B. Kumaritunga, The President of Sri Lanka, Presidential Residence, Colombo 3, SRI LANKA, Fax: +941 333 703
Mr. B.L.V. Kodituwakku, Inspector General of Police, New Secretariat, Colombo 1, SRI LANKA, Fax: +941 446 174
Hon. Mr. K. C. Kamalasabesan, attorney General, Attorney General's Department, Colombo 12, SRI LANKA, FAX: +941 436 421
The Embassy of Sri Lanka in your respective countries.
Kindly inform the International Secretariat of any action undertaken quoting the code of this appeal in your reply.
Geneva, 13 September 2001
CHILD CONCERN
The International Secretariat of OMCT requests your urgent intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of information about the forced labour to which Palanithami Sasikala, age 17, has been compelled for three years by Sri Lankan Army personnel.
According to the information received, Palanithami Sasikala, from Vishnu Kovil Road, Pethalai Valaichenai, has been working as a domestic aid for Mr. H.H.A.B.S. Opatha's mother in Dambulla since 28-09-1998. Mr. Opatha is an army officer attached to the Kayankeney Army Camp, Valaichenai, Batticaloa.
Palanithami Sasikala was allegedly kidnapped by Mudaliar Velupillai (her uncle) who is from Karupalai village, Batticaloa at the age of fourteen. He took her to his house having promised her to protect her, but unfortunately, he then handed her over to the above afore-mentioned officer who took her to his mother's house in Dambulla, on 28-09-1998.
Once the family of Palanithami Sasikala determined her whereabouts, they reportedly asked Mr Opatha to release her. However he did not, and he threatened them. The family did not file a complaint with the authorities out of fear of reprisal from Mr Opatha. However, thanks to the fact Mr. Opatha was transferred to another post, the family was able to contact the authorities.
The same source of information reported that the complaint was made to the Kalumunai police on 02-07-2001 and the accused was asked to appear. When he did, he did not release the child and proceed to take her back with him to Dambulla. The family made another complaint but the authorities have not taken any action. Palanithami Sasikala has meanwhile not been allowed to attend school and is forced to work without compensation.
The International Secretariat of OMCT expresses its grave concern about the physical and psychological integrity of Palanithami Sasikala. OMCT recalls that Sri Lanka is party to the Convention on the Rights of the Child and, in particular, is bounded by article 32 which enshrines “the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development”.
Furthermore, the ILO Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour, to which Sri Lanka has been party since 11 March 2001, sets the obligation to abolish and eliminate “all forms of slavery or practices similar to slavery, such as (…) forced or compulsory labour, (…)” (article 3(a)).
OMCT is gravely concerned that the authorities in Sri Lanka will not exercise due diligence in the investigation, prosecution and punishment of the persons responsible for the abduction and forced labour of Palanithami Sasikala.
Actions requested:
Please write to the authorities in Sri Lanka, urging them to:
i. release Palanithami Sasikala as a matter or urgency and take all necessary measures to guarantee her physical and psychological integrity;
ii. take all necessary measures to investigate, prosecute and punish those responsible for the abduction and forced labour of Palanithami Sasikala;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, the Convention on the Rights of the Child and ILO Convention 182.
Addresses
Her Excellency President Chandrika B. Kumaritunga, The President of Sri Lanka, Presidential Residence, Colombo 3, SRI LANKA, Fax: +941 333 703
Mr. B.L.V. Kodituwakku, Inspector General of Police, New Secretariat, Colombo 1, SRI LANKA, Fax: +941 446 174
Hon. Mr. K. C. Kamalasabesan, attorney General, Attorney General's Department, Colombo 12, SRI LANKA, FAX: +941 436 421
The Embassy of Sri Lanka in your respective countries.
Kindly inform the International Secretariat of any action undertaken quoting the code of this appeal in your reply.
Geneva, 13 September 2001