By Nadia Fazlulhaq   While the government is promoting its ‘leave no one behind’ programme, it wants parents to leave their children behind when attending rallies, protests, and demonstrations. National Child Protection Authority (NCPA), chairman Udayakumara Amarasinghe told the Sunday Times that discussions will take place in the coming weeks on how to legally prevent children [...]

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Police demo crackdown stirs debate on rights, obligations of children

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By Nadia Fazlulhaq  

While the government is promoting its ‘leave no one behind’ programme, it wants parents to leave their children behind when attending rallies, protests, and demonstrations.

National Child Protection Authority (NCPA), chairman Udayakumara Amarasinghe told the Sunday Times that discussions will take place in the coming weeks on how to legally prevent children from being used at demonstrations, which could potentially take a violent turn.

“Our intention is to prevent children (from) being exposed to both physical and emotional abuse or hurt at these protests. Bringing children is a new trend embraced at recent protests. We need to discuss with experts in the field of juvenile justice, human rights and child rights as well as child psychiatrists on how being a part of demonstrations will have an impact,” he said.

Last week's scenes at Galle Face: The NCPA has received complaints on the parents' use of children at protests and police reaction towards protesters who are with minors. Pix by Lahiru Harshana

The NCPA has received complaints on the parents’ use of children at protests and police reaction towards protesters who are with minors. The NCPA’s special police unit is looking into the complaints.

The behaviour of the police at the Galle Face protests is concerning as well, he said.

“We observed that the police were too harsh on parents with children, dragging the parents away from the children,” the NCPA chairman.  He said he has written to the Inspector General of Police asking whether police are given special training or have separate procedures to follow when handling/ arresting parents in the presence of their children.

“If the police do not have such procedures, the NCPA has urged the IGP to immediately introduce a mechanism and create awareness among officers. With regard to the Galle Face incident, inquiries are being done to identify whether any human rights are violated,” he said.

However, officials are still not sure what action to be taken against parents, if the prohibition becomes law. It is still at discussion level whether to introduce under the Penal Code or as an offence under a different Act.

“The age definition is to be identified, whether the offence comes in the form of a fine or more is not yet decided,” he said.

Earlier this week, President Ranil Wickremesinghe said that protesters are using children as human shields, similar to what former LTTE leader Velupillai Prabhakaran had done.  

“If this trend continues even university students will bring children to protests. measures will be taken in consultation with the Attorney General to prevent children (from) being brought to protests,” said Mr. Wickremesinghe. He instructed police to take measures to prevent demonstrators from bringing children.

He noted Article 27 (13) of the Constitution which mentions that, “The State shall promote with special care, the interests 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’’.

But, activists say preventing parents from bringing their children to protests and demonstrations is a violation of rights.

Activist and Convenor of the Ceylon Teachers Union Mr Joseph Stalin said police used excessive force at Galle Face.

“Parents carrying children didn’t want any violence nor wanted to use children as shields. The present economic crisis and disappointment towards corrupt politicians will eventually bring families to the streets. The government wants to bring laws and curb this,” he charged.

“If the state decides to bring laws restricting taking children to demonstrations, we plan to challenge the move both on local and international platforms,” he said.

JVP Parliamentarian and activist Dr. Harini Amarasooriya said the Government’s priority is to ensure children’s safety, right to food, and healthcare.

“Right to peaceful assembly, freedom of expression including protest is included in the Convention on the Rights of the Child. This was not a protest but a peaceful gathering. The government and NCPA should be investigating police brutality,” she said.    The Sri Lanka Human Rights Commission also said an investigation is taking place into police dispersing the peaceful commemoration at Galle Face Green.

Police Spokesman, Senior Superintendent of Police Mr Nihal Thalduwa said police were doing their best to prevent parents from using children as shields.

“They (parents) need to understand that there are persons who are able to trigger a peaceful protest into a violent one by clashing with the police. There is always a risk when taking children to a demonstration,” he said.    He said those who had unlawfully gathered at Galle Face were arrested, produced before courts and were released on personal bail of Rs. 500,000 each.

Police, parents told of long-term trauma for children  

Children who witness violence could end up with long-term trauma, a psychiatrist has cautioned.

Dr. Miyuru Chandradasa, consultant child and adolescent psychiatrist of the faculty of Medicine at the University of Kelaniya, said younger children exposed to violence or those who see their parents being beaten, harassed or manhandled will live with traumatic memories well into their adulthood.

“If they see law enforcement officers using force on their parents, they will feel helpless. This will result in anxiety and later affect their self-esteem and personality development,” the expert said.

He said self identity formation usually takes place between 13 to 17 years of age.

“During this time children are able to take part in demonstrations and also realise the gravity of the situation. This will be a learning experience for them about their rights. This is the right age to take children to protests or demonstrations,” Dr. Chandradasa said.

“In many developed countries police receive special training on handling children if they are brought to demonstrations. This kind of ethical training is necessary. Protests are handled by specially trained officers. Unfortunately here, it is police officers from local police stations and riot control,” he said, adding that frustration and emotions of both protesters and police officers result in demonstrations taking a violent turn.

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