The National Agenda on Child Rights

Governance

22nd July 2015

On the Occasion of Launching the Six Governing Principles of

The National Agenda on Child Rights Governance

Preamble
Recalling that the State intervention on behalf of children in Sri Lanka commenced
with the establishment of the Department of Probation and Child Care in 1933 under British
colonial rule, moving forward after Sri Lanka became a Republic with the inauguration of
the Childrens Secretariat in 1978 to mark the International Year of the Child in 1979,
Recalling further that another significant step took place when the Cabinet Ministry
of Child Development and Womens Affairs was established as a tribute to the National Year
of the Child in 2006, leading to the establishment of a State Ministry of Child Affairs in 2015
solely dedicated to children,
Acknowledging that the States commitment to uplift the lives of children was
strengthened by successive governments towards through the ratification of the United
Nations Convention on the Rights of the Child by Sri Lanka on July 12 1991, establishment
of the National Women and Childrens Police Bureau in 1994, creation of the National Child
Protection Authority in 1998, and formation of the National Monitoring Committee on Child
Rights in 2000, which brought into being a National Child Rights Infrastructure with a human
resource reservoir of a total of 1312 officers dedicated to working for children, which
comprises 283 Probation Officers, 359 Child Rights Promotion Officers and Child Rights
Promotions Assistants, 350 Child Protection Officers of the National Child Protection
Authority, 320 Early Childhood Development Officers of the Childrens Secretariat;
Bearing in mind the fact that, with the 13th Amendment to the Constitution, subjects
that directly impact on children such as child protection, education, health and social
welfare were devolved and brought under the purview of Provincial Councils moving the
child rights governance structure towards greater local participation and accountability, but
equally creating greater complexity in implementing policies and services for children
throughout the country, a need has arisen to for actions to ensure coherence in child rights
governance in Sri Lanka,
Alarmed at the child rights violations reported from the length and breadth of the
island, which demand a well coordinated multi-sectoral response to arrest the situation in
the best interests of children of today, and prevent the potentially negative long-term
consequences for these children,
Concerned that poverty and socio-economic circumstances of contemporary society
adversely impact on the wellbeing of the family and the child leading to family
disintegration, dysfunction and place the children in a vulnerable predicament,
Recognising that the moment has arrived for the political leadership of Sri Lanka to
invest in the development, protection and empowerment of children by acknowledging the
seriousness of the situation of todays disenfranchised children, who will be the
enfranchised adults of tomorrow, shaping the destiny of our country,
Affirming that this National Child Rights Governance Agenda, encompassing four
themes - national child rights infrastructure, resourcing for children, child rights monitoring
and capacitating civil society and children focusing on child protection, education, health
and social welfare sectors has been duly crafted and endorsed by concerned Sri Lankans on
this Twenty Second Day of July Two Thousand and Fifteen.

PART I
Introduction
Article 1
General Principles
1

The National Agenda on Child Rights Governance shall conform to the

following general principles of child rights at all stages of its formulation and
implementation.
(a) A Child shall mean every human being below the age of 18 years
(b) The Best Interests of the Child shall be a primary consideration
(c) The childs right to non-discrimination and equality shall be respected
and ensured
(d) The views of the children shall be given due weight in accordance with
the age and maturity

The National Agenda on Child Rights Governance recognizes that for the full
and harmonious development of the child he/she should grow up within a
nurturing family and emphasizes the importance of strengthening all families
in discharging their parenting and caregiving responsibilities in a manner that
ensures wellbeing of children.

The National Agenda on Child Rights Governance, in planning all interventions

acknowledges that children experience childhood differently based on a
variety of factors and resolves that this diversity among children be respected
in the design and implementation of policies and services.

The National Agenda on Child Rights Governance also acknowledges that

childhood experiences of many forms of violence, deprivation, discrimination
and adversity can have serious consequences for the development and
wellbeing of children, with lifelong implications into adulthood and across
generations, and that investing in appropriate actions for prevention,
promotion and recovery at individual, family and community level is required
to protect children, their families and wider society from the these negative
outcomes..

The National Agenda on Child Rights Governance emphasizes the importance

of engaging and mobilizing members of the community in interventions
concerning children at village level.

Article 2
Implementation
1

Child Rights Governance Secretariat shall be established within the Prime

Ministers office or the Presidents Office with a view to ensuring higher
political advocacy on behalf children who are disenfranchised.

The Governments commitment to investing in children shall be demonstrated

by upgrading the State Ministry of Child Affairs into a Cabinet Ministry that will
provide the co-leadership for the execution of the National Child Rights
Governance Agenda.

There shall be CRG focal points within the office of the respective secretaries
of Ministry of Education, Health, Justice and Labour Relations and Social
Services.

PART II
National Child Rights Infrastructure
Article 3
Laws, Policies and Regulatory Framework Concerning Children
1

A consultative and participatory process shall be adopted in the initiation and

formulation of all policies and laws concerning children with the active
engagement of key multi sectoral departments/ministries with a mandate
for Child Protection, Health, Education and Social Welfare, key Civil Society
Organizations working with and for children and representatives of the
National Childrens Council.

The formulation of policies and laws concerning children must be informed

by systematic reviews of research and best practices from Sri Lanka and
other relevant contexts. There must also be evidence-based reviews of how
implementation of policies and laws impact on the lives of children, so that
government officials, policy-makers and legislators can continuously improve
frameworks and practices to achieve better outcomes.

In the formulation of laws and policies priority shall be given to drafting,

adopting and enacting following documents:
(a) The National Child Protection Policy
(b) Children Judicial Protection Bill
4

(c)
(d)
(e)
(f)

Early Childhood Care and Development policy

National licensing criteria for Child Care Institutions
National policy for private education service providers
Establishment of a practical mechanism for coordination of
initiatives both domestic and international to address priority
issues for Children based on rational and evidence-based
principles
(g) National guideline for best interests determination for children
needing temporary or long term care arrangements.
(h) A national guideline for safeguarding children during emergency
situations

Article 4
Birth Registration
1

To affirm full realization of Child Rights, universal birth registration for children
shall be ensured.

Article 5
Data Collection and Privacy of Children
1

Data collection initiatives at central government and provincial government

levels shall be carried out, safeguarding the confidentiality and privacy of
children.

There shall be an ethical guideline governing the usage of data and information
relating to children.

Article 6
Rule of Law and enforcement of Child Rights
1

To minimize violation of child rights within the criminal justice system, the
National Child Protection Authority shall take the lead in introducing and
implementing child sensitive and child friendly complaint and evidencing
procedures.

To uphold the rights of child victims, child offenders and child witnesses within
the criminal justice system, a systematic, child sensitive and child friendly
mechanism and procedure shall be adopted in receiving a complaint, recording
oral, written and video statements and evidence.

Article 7
Institutional Mandates and Role Profiles
1

There shall be multi-sectoral and inter-ministerial, comprehensive and

coordinated response mechanisms at National, Provincial, District, Divisional
and Grama Niladhari Divisional levels, to ensure well informed decision making
and effective action in the thematic areas of Child Protection, Health, Education
and Social Welfare.

Mapping of powers and functions of institutions and officials in Child

Protection, Education, Health and Social Welfare Sectors shall be done to avoid
duplication, facilitate cooperation and maximize efficacy of services.

A mutually beneficial, accountable and transparent coordination mechanism

between government bodies and civil society organizations currently holding
responsibilities of children in the fields of Child Protection, Education, Health
and Social Welfare shall be introduced.

Part III
Resources for Child Rights
Article 8
Physical and Infrastructural Development
1

Physical infrastructural development needs in the areas of Child Protection,

Education, Health and Social Welfare at the Central and Provincial government
level shall be identified, categorized and prioritized and accordingly a physical
infrastructural development plan for the center and provinces shall be
developed.

As a symbolic expression of the commitment of the Government towards

upholding the rights of children of today and tomorrow priority shall be given
to:
a) A dedicated space and facility to house the Ministry of Child Affairs
b) Review of the current situation of physical capacity, minimum
standards and quality of the available infrastructure for Child
Protection services and adopt appropriate measures .
6

Article 9
Human Resources
1

Mapping of existing human resources in the fields of Child Protection,

Education, Health and Social Welfare and crafting a human resource plan
taking into consideration the country wide demographical features of
children encompassing the total child population shall be done.

A Child Protection Code of Conduct shall be developed strongly grounded on

the National Child Protection Policy and such a Code of Conduct shall become
a part of the Service Contract of all government officials working with and
for children in the fields of Child Protection, Education, Health and Social
Welfare to protect children against all forms of abuse.

A systematic and well-designed training strategy on child rights shall be

introduced for the government officials and service providers in the child
protection, education, health and social welfare sectors directly dealing with
children.

Article 10
Monetary Resources
1

Budget allocation for children shall become visible in National and Provincial
Budgets.

A consensus on the guiding principles of National and Provincial sectors for

budget allocations (percentage for recurrent and capital expenditure) to
ensure child centric budgeting at both levels shall be reached.

Underfunded and overfunded budgetary provisions for Child Protection,

Education, Health and Social Welfare shall be identified to ensure adequate
and equitable allocation of monetary resources.

Disbursement of National and Provincial Government finances shall be done

in line with a time bound financial disbursement process to prevent undue and
unreasonable delays in providing services to children.

A general memorandum of understanding between the government and

International Development Agencies shall be entered into embodying the key
principles in identifying and prioritizing areas of intervention in the field of
Child Protection, Education, Health and Social Welfare to maximize the cost
effectiveness of such interventions.

The National and Provincial budgetary allocations for Poverty eradication and
economic empowerment shall give due consideration to needy, care giving
families of children to guarantee minimum standards of living for children.
7

Budgetary allocations for institutionalized children shall be increased taking

into consideration the actual costs incurred by Child Care Institutions to
provide for the basic needs of children without jeopardizing the well being of
children.

Part IV
Child Rights Monitoring
Article 11
Monitoring Mechanisms
1

A multi sectoral Child Rights Monitoring Plan encompassing Child Protection,

Education, Health and Social Welfare sectors at National, Provincial, District,
Divisional and GN Divisional levels shall, identify key officials and institutions
that will be vested with the task of monitoring and incorporate the
monitoring role in their role profiles.

An independent Child Rights monitoring mechanism shall monitor the

efficacy of the Multi Sectoral Child Rights Monitoring Plan in action.

Civil Society Organizations working in the child rights field in collaboration

with VCRMC shall be a catalyst in engaging the community in Child Rights
Monitoring at the village level.

Childrens Clubs at Divisional, District and Provincial levels and National

Childrens Council shall actively engage and contribute to Child Rights
Monitoring at their respective levels of operation.

Part V
Children and Civil Society
Article 12
Capacitating Children and Civil Society
1

A comprehensive strategy shall be developed to ensure transparency,

accountability and consensus oriented decision making of all Civil Society
Organizations working with and for children.

Child rights dissemination strategy targeting both child and adult audience shall
be developed to comprehend child rights in the correct perspective and avoid
misconceptions and misinterpretations.

All civil society organizations working for and with children shall adopt a Child
Protection Code of Conduct strongly grounded on the National Child Protection
Policy and it shall become a part of the Service Contract of all officials working
with and for children in the NGO sector to protect children against all forms of
abuse.

The corporate sector, academia, media and faith groups shall honor The
National Child Protection Policy to protect children against all forms of abuse.