Is the nation prepared to eradicate this social plight?

Child abuse and commercial exploitation of children :

by Indeewara Thilakarathne

A child, according to the Convention of the Rights of the Child, is defined as a human being below the age of eighteen years. It has been recognized that protection of children from being engaged in labour and sexually exploitation, is an indispensable factor in achieving millennium goals.

Although many factors including social and economic poverty, ignorance, demand for sex-with children (more locals are often taken for granted as by foreigners) and domestic violence, single parent families, contribute to the present state of child abuse in Sri Lanka, abject poverty and vulnerability of children remain predominant factors that lure children into commercial sex and sanctioned abuse.

Domestic violence among parents and the children whose parents (often mothers) migrating to Middle East leaving behind children in the care of fathers or relatives have adversely been affected physically and psychologically and are often subject to abuse at the hand of close relatives ( some times female children by father) and friends.

It has also been observed that children, who have a haunting memory of childhood abuse, would suffer from these unpleasant experiences throughout their life and are often detected with serious personality defects when adults.

Tourism and commercial exploitation of children

Although tourism provides and creates employment opportunities for thousands of families along the coastal belt, it has created a host of social issues, sometimes undermining long term social stability and subjecting the vulnerable population of children and women to sexual exploitation, exposing them to venereal diseases including AIDS.

Sri Lanka has become a favoured destination for paedophile sex tourists from Europe and the United States though sex tourism was banned in Britain and the EU.

Legal protection for children in Sri Lanka

According to available sources, 5,000 to 30,000 Sri Lanka boys are sexually abused by western paedophile sex tourists in Sri Lanka. By 1997, the internet has been used to advertise Sri Lankan children (often boys) and child care experts warned that the country was fast becoming one of the worst countries of child abuse.

Local middlemen, regularly from Europe are used to find children of the required age for paedophiles. Then the paedophiles travelled to Sri Lanka.

In response to the increase in child prostitution in Sri Lanka, the Government has imposed tougher laws to combat the menace. One of the progressive measures that had been taken was to make paedophilia as a non-bailable offence with a maximum penalty of 20 years imprisonment and entitling victims for compensation.

In 1996 the government raised the age of consent from 12 to 16, and imposed sentences raging from 10 to 20 years imprisonment mandatory for sex offenders. However, some sections criticized the Government's move.

The official response and reaction was rather impressive. A significant measure was the setting up of a National Desk for child abuse at police stations and a large number of foreigners including high profile international paedophiles were arrested. Child phonography

Diverse studies have pointed out that Sri Lanka has been a principal source of child pornography for the United States and Europe. A number of high profile child pornography cases were reported in Europe. For instance, in 1995, Swedish police seized 300 hours of film showing Western men exploiting Sri Lankan children.

Constitutional safeguards

In terms of the Constitution, Child Rights have been protected in addition to International Conventions that Sri Lanka ratified towards improving child Rights.

In terms of Article 27 (13), Directive Principles of State Policy and Fundamental Duties, the State pledges to 'promote with special care the interest of children and youth so as to ensure their full development, physical, mental, moral, religious, and social, and to protect them from exploitation and discrimination'.

The minimum age for employment of children was raised from 12 to 14 years in December 1999 by an amendment to the Employment of Women, Young Persons and Children Act (No. 47), 1956.

At present, the minimum age of employment in all sectors other than the plantation sector is 14 years. Further, through the Ministry of Labour, legislation has been amended to provide payment of compensation to victims, by employers violating the minimum age of employment laws.

Combating child trafficking, several amendments have been brought in, in the Penal Code, the Code of Criminal Procedure, and the Evidence Ordinance.

One of the principle initiatives of the Government was the setting up of National Child Protection Authority.

NCPA is the pre-eminent national agency driving the anti-trafficking mission. With support from the ILO's International Programme on the Elimination of Child Labour (IPEC), the NCPA has initiated an anti-trafficking unit.

The powers and functions of the NCPA and its strategic location under the Executive President eminently qualify it to be the coordinating agency with the relevant ministries, Provincial Councils, local authorities, and private as well as public sector organizations.

It is obvious that society, not the laws and regulations that could prevent abusing children and commercial exploitation of children. Educating the parents of the social consequences of child abuse and commercial exploitation of children.

Those children, who had been abused, should not only be rehabilitated but also be given vocational trainings leading to employment. Raising public awareness on the issue and community responsibility to stamp out child abuse should also be emphasized in a community spirit.

Measures such an enforcing the existing laws and improving quality of counselling services at risk areas and enlisting the support of NGOs and Community Base organisations to implement awareness programmes can also be implemented on a long term basis to stamp out the scourge.

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