Sri Lanka
27.08.04
Urgent Interventions
Sri Lanka: teachers' discrimination against a 11-year old student
LKA 270804.CC
Degrading treatment and mental torture / Child abuse / Discrimination
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the discrimination and inhuman and degrading treatment amounting to mental torture of Mr. Harshana Tharindu Wijegunawardena, a 11-year-old student, by his teachers at St. John’s College in Panadura, Sri Lanka.
According to the information received, on 2 February 2004, Mr. Harshana Tharindu Wijegunawardena was admitted to the Panadura Government Hospital complaining of injuries to his ear due to the slap by his teacher, Mr. Gamini. Following the medical examination, the ear, nose and throat specialist who carried out the examination reported Mr. Harshana Tharindu Wijegunawardena's case to the police. After the incident was investigated, the Principal of the school intervened in order to settle the matter with the payment of Rs.8,000 as compensation. The principal further stated that he would not allow anyone to further harass Mr. Harshana Tharindu Wijegunawardena. In any case Mr. Harshana Tharindu Wijegunawardena was unable to attend anymore classes during the first term due to his ear injury.
Since the start of the second term however, Mr. Harshana Tharindu Wijegunawardena has allegedly been discriminated by his present class teacher, Mrs. Pushpa Siriwardene. According to the same information, he has been singled out and harassed for behaviour that is tolerated from other students, such as bringing a cricket bat to school. The teacher also failed to provide Mr. Harshana Tharindu Wijegunawardena with a copy of the Environment Studies textbook apparently given to all other students, and did not allow him to participate in an educational tour organized for students of his class at the end of term.
Furthermore, when Mr. Harshana Tharindu Wijegunawardena's mother attended a parent/teacher meeting, she was reportedly insulted by Mrs. Siriwardene who told her that teachers had to keep money to pay compensation in order to punish students (referring to the Rs.8000 paid as compensation for the boy's ear injury). Mrs. Siriwardene even actively encouraged other students to bully Mr. Harshana Tharindu Wijegunawardena, saying that he had sold his ear for Rs. 8,000.
When the student’s mother discussed the matter of her son being denied the opportunity of participating in the Education Tour, one of the teachers, Mr. Anil, reportedly scolded her in front of the Principal and some other teachers. He further threatened her by saying that he would take revenge on Mr. Harshana Tharindu Wijegunawardena for as long as he studied in this school. Mr. Anil also insulted her, saying that she had sold her son's ear for Rs.8,000. Even though the Principal had earlier said that he would not allow anyone to further harass Mr. Harshana Tharindu Wijegunawardena, the Principal offered no assistance to his mother and even told her that he could not interfere in the way the teachers treat her son.
OMCT expresses its grave concern over these events. OMCT would like to remind the authorities of Sri Lanka that, according to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Sri Lanka is a state party, “the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as (…) punishing him (…), or intimidating or coercing him (…), or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” Moreover, articles 37 (a) and 28.2 of the Convention on the Rights of the Child state that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.”
OMCT is gravely concerned at the discrimination and degrading treatment of Mr. Harshana Tharindu Wijegunawardena and his mother by the teachers, under the connivance of the principal. Therefore, OMCT urges the authorities of Sri Lanka to order an investigation into Mr. Harshana Tharindu Wijegunawardena’s mistreatment and immediate legal and/or disciplinary action against those responsible for these acts. Mr. Harshana Tharindu Wijegunawardena should be provided proper protection and should be transferred to another suitable school where he can continue his education without having to endure such a stigma and embarrassment.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Take all necessary measures to ensure the physical and psychological integrity of Mr. Harshana Tharindu Wijegunawardena and his family;
ii. Order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 27th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Degrading treatment and mental torture / Child abuse / Discrimination
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the discrimination and inhuman and degrading treatment amounting to mental torture of Mr. Harshana Tharindu Wijegunawardena, a 11-year-old student, by his teachers at St. John’s College in Panadura, Sri Lanka.
According to the information received, on 2 February 2004, Mr. Harshana Tharindu Wijegunawardena was admitted to the Panadura Government Hospital complaining of injuries to his ear due to the slap by his teacher, Mr. Gamini. Following the medical examination, the ear, nose and throat specialist who carried out the examination reported Mr. Harshana Tharindu Wijegunawardena's case to the police. After the incident was investigated, the Principal of the school intervened in order to settle the matter with the payment of Rs.8,000 as compensation. The principal further stated that he would not allow anyone to further harass Mr. Harshana Tharindu Wijegunawardena. In any case Mr. Harshana Tharindu Wijegunawardena was unable to attend anymore classes during the first term due to his ear injury.
Since the start of the second term however, Mr. Harshana Tharindu Wijegunawardena has allegedly been discriminated by his present class teacher, Mrs. Pushpa Siriwardene. According to the same information, he has been singled out and harassed for behaviour that is tolerated from other students, such as bringing a cricket bat to school. The teacher also failed to provide Mr. Harshana Tharindu Wijegunawardena with a copy of the Environment Studies textbook apparently given to all other students, and did not allow him to participate in an educational tour organized for students of his class at the end of term.
Furthermore, when Mr. Harshana Tharindu Wijegunawardena's mother attended a parent/teacher meeting, she was reportedly insulted by Mrs. Siriwardene who told her that teachers had to keep money to pay compensation in order to punish students (referring to the Rs.8000 paid as compensation for the boy's ear injury). Mrs. Siriwardene even actively encouraged other students to bully Mr. Harshana Tharindu Wijegunawardena, saying that he had sold his ear for Rs. 8,000.
When the student’s mother discussed the matter of her son being denied the opportunity of participating in the Education Tour, one of the teachers, Mr. Anil, reportedly scolded her in front of the Principal and some other teachers. He further threatened her by saying that he would take revenge on Mr. Harshana Tharindu Wijegunawardena for as long as he studied in this school. Mr. Anil also insulted her, saying that she had sold her son's ear for Rs.8,000. Even though the Principal had earlier said that he would not allow anyone to further harass Mr. Harshana Tharindu Wijegunawardena, the Principal offered no assistance to his mother and even told her that he could not interfere in the way the teachers treat her son.
OMCT expresses its grave concern over these events. OMCT would like to remind the authorities of Sri Lanka that, according to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Sri Lanka is a state party, “the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as (…) punishing him (…), or intimidating or coercing him (…), or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” Moreover, articles 37 (a) and 28.2 of the Convention on the Rights of the Child state that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.”
OMCT is gravely concerned at the discrimination and degrading treatment of Mr. Harshana Tharindu Wijegunawardena and his mother by the teachers, under the connivance of the principal. Therefore, OMCT urges the authorities of Sri Lanka to order an investigation into Mr. Harshana Tharindu Wijegunawardena’s mistreatment and immediate legal and/or disciplinary action against those responsible for these acts. Mr. Harshana Tharindu Wijegunawardena should be provided proper protection and should be transferred to another suitable school where he can continue his education without having to endure such a stigma and embarrassment.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Take all necessary measures to ensure the physical and psychological integrity of Mr. Harshana Tharindu Wijegunawardena and his family;
ii. Order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Ms. Chandrika Bandaranaike Kumaratunga, President, Democratic Socialist Republic of Sri Lanka, Presidential Secretariat, Colombo-1, Sri Lanka, Fax: +94 11 2 333 703
- Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
- Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 / 691 926, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk
- Dr. Radhika Coomaraswamy, Chairperson, National 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
- Prof. Harendra De Silva, National Child Rights 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
- Inspector General of Police (IGP), New Secretariat, Colombo 1, Sri Lanka, Fax: +94 11 2 381394/ 446174
- Mr. Theo C. van Boven, Special Rapporteur on the Question of Torture, OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneva 10, SWITZERLAND, Fax: +41 22 917 9016
- Committee on the Rights of the Child, c/o OHCHR-UNOG, Palais Wilson, 1211 Geneva 10, SWITZERLAND, Fax: + 41 22 917 9022, E-mail: tb-petitions@ohchr.org
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 27th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.