(by Michael Hardy)

Shocking new Ministry of Justice statistics obtained by The Sunday Leader reveal that child abuse in Sri Lanka has reached epic proportions. Out of approximately 15,000 trials currently pending nationwide, more than 4,000 - 27 percent - involve some form of violence toward a child. In rural areas, the figures are even higher: according to the Ministry of Justice, over half of all court cases outside of Colombo relate to child abuse.

Even more shocking is who’s committing the abuse. In 254 out of the 1,126 cases of abuse for which the Ministry has detailed information, the abuser was a relative of the victim. In 89 of the cases, the abuser was the victim’s father, in 14 it was the victim’s stepfather, and in five cases it was the victim’s grandfather. The other 146 cases of incest were committed by members of the victim’s extended family. Rapes constituted most of the cases, followed by sexual abuse, cruelty, and kidnapping. 206 of the victims were under 10 years old and 878 were between 10 and 16.

These numbers indicate a massive breakdown in the moral structure of Sri Lankan society. A 2004 study by the UK-based National Society for the Prevention of Cruelty to Children (NSPCC) found that 37.8 percent of 12-year-olds in Sri Lanka country had experienced some form of physical abuse in the past year. In China and Korea, the rates were 22.6 percent and 51.3 percent. All three countries had much higher rates than in America, where the rate of abuse for 12 to 17-year olds is only 2.5 percent.

A very real problem

“It’s a very real problem in Sri Lanka,” a spokesperson for the Ministry of Justice said. “Social workers and lawyers are trying to find out why it’s so high and how to take remedial measures.” Menaca Calyaneratne, the spokeswoman for Save the Children in Sri Lanka, blamed poor parenting and misguided schools for the high rates of abuse:

“Neither parents nor schools teach children about protection from sexual abuse or any other abuse,” Calyaneratne said. “Such abuses are accepted by both parents and children such as physical and humiliating punishment by elders and teachers. Emotional abuse is not recognised as abuse and bullying and teasing is rampant in our society.”

Indeed, a study by Piyanjali de Zoysa, Peter A. Newcombe and Lalini Rajapakse found that there is a high correlation between the prevalence of corporal punishment and the rate of child abuse in countries around the world. They also found that countries that have experienced warfare have higher rates of corporal punishment - in Sri Lanka, children experience an average of 12 incidents of physical abuse per year, according to the study. This suggests that the violence of warfare inevitably trickles down, through parents and teachers, to the most innocent and defenceless members of society. When a society goes to war, it’s ultimately the children who pay the price:

“…the patriarchal social structure, the impact of (Sri Lanka’s) history of conflicts in promoting a sense of normalisation of violence, and the less strict child monitoring laws may be some of the factors contributing to the reported high prevalence of parental corporal punishment in the study,” the study concludes.

Absence of the mother

Another reason for the high levels of child abuse is the absence of the mother from many households. A 2006 study by Save the Children found that Sri Lanka has 600,000 female migrant workers and that 90 percent of them are mothers.

“These women have left behind a million children, to make a better future for them,” Calyaneratne said. “Yet, there is no care plan for these children. The children they leave behind are at risk of not only abuse but other violations of their rights such as dropping out of school to look after younger children and being sent to institutions.”

With their mother away in the Middle East or elsewhere, Sri Lankan children are vulnerable to predators. 124 out of the 1,126 reports of child abuse for which the Ministry of Justice has detail information involve a boyfriend. 51 involve a neighbour, 12 involve a teacher, and the rest - 386 - involve a total stranger. Tellingly, no mothers are involved in any of the cases. The Ministry of Child Development and Women’s Empowerment has proposed a law preventing mothers of children under five years of age from working overseas; however, Save the Children has argued that the law would restrict the rights of women, and the law hasn’t been implemented.

Despite the creation of the Ministry of Child Development and Women’s Empowerment in 2005 and the establishment of women and children’s bureaux in police stations across the country, these statistics reveal that child abuse remains at record levels. Fortunately, the government may finally be ready to take child abuse seriously. That’s the message from Additional Solicitor-General Palitha Fernando, who is assembling a task force to investigate this island-wide social pathology.

Alarming figures

“This is not a problem that has cropped up recently, but these alarming figures give the matter greater urgency,” Fernando said. “People were not aware of this. There have been many awareness programmes and we are a signatory to the United Nations’ Convention on the Rights of the Child (1989), but the problem remains.”

Fernando’s task force will consist of representatives from the police, the Ministry of Justice, the Ministry of Child Development and Women’s Empowerment, and other stake holders. Although their task is daunting, Fernando said he was optimistic that his group could suggest positive changes.

“I have always said that it is better to protect the children than to prosecute the abuser after the fact,” he said. “I have also emphasised the importance of rehabilitation. Punishment is important, but equally important is the rehabilitation of the children who have been victimised.”

Why is so much child abuse committed by members of the victim’s family? According to Calyaneratne, children are much more trusting of their relatives than of strangers, which makes it easier for a step-father or uncle to commit their crimes. Also, many poor families share a single room, which eliminates privacy and makes it easier for family members to abuse children.

By family members

To protect the children, Calyaneratne said that there must be greater awareness of the problem among children and parents, and that existing protection mechanisms such as local child protection committees should be strengthened. She also proposed specialised training for police officers and judges:

“We must improve the knowledge and skill of probation officers and child rights promotion officers,” she said. “The police and the judicial system must be made more aware of the best interest of the child. To this end, the Judges Training Institute has already trained magistrates, and a module has been developed for the Institute to make it part of the curriculum in training judges. Save the Children presented this proposal to the Chief Justice last week”

Although many people associate child abuse and incest with rural poverty, Calyaneratne said that the rural poor was simply more willing to report abuse than the urban middle class, who are worried about how allegations of abuse will affect their social standing. Even so, 280 cases of abuse were taken up by the Colombo Magistrate’s Court in the last year alone.