EMPOWERMENT OF CHILDREN AND FAMILIES: ROLE OF SOCIAL POLICY

IN SRI LANKA

An exploratory and preparatory dialogue held at Plan Sri Lanka on

September 27, 2012

INTRODUCTION

The consultation on September 27th was intended to fulfill the following objectives, and to derive practical

outcomes. The note that was circulated indicates the current position with regard to social policy in Sri

Lanka, with special reference to children. It continues to be based on the colonial legacy of Poor Law with

emphasis on Criminal Law, on institutionalization of social rejects, and on generalized administrative

approaches without a positive social agenda.

The hope is, in critically questioning the status quo, to suggest a more constructive view of the

obligations of the State, We should ensure limits to interventions by the State on families and individual

lives, while promoting awareness of problems and extending the range of remedies available. While

ensuring due diligence prior to limiting the freedom of children and adults, and developing vulnerability

indices to ensure community awareness of potential problems, we should encourage family support,

while enhancing services at Divisional and GN levels, while ensuring clear understanding of duties,

responsibilities, accountability and reporting structures.

The consultation is preparatory to a 2 day workshop to yield the following outputs.

1. Policy consensus between M/SS and M/W&C on social goals;

2. Better conceptualization of the Sri Lankan family and family vulnerabilities in the 21st century;

3. Recommendations for guidelines for all officials concerned with social work;

4. Recommendations for resolving issues of institutional separation and conflicts;

5. Recommendations for reducing and controlling the influence of poor law approaches to children

and families;

6. Recommendations for developing a Sri Lankan praxis for child and family social work;

7. Recommendations for strengthening the nexus between work and life for the poor so that they

support each other; or in more technical language recommendations for strengthening links

between social and economic policy;

8. Recommendations for gaining a better understanding of social sector negotiation of budget

allocations.

September 21, 2012

Participants

1. Prof. Rajiva Wijesinghe Member of Parliament

2. Prof. Sharya Scharenguivel Director, Centre for the Study of Human Rights

3. Mr. Eric Illayapparachchi The Secretary, Ministry of Child Development and

Women's

Empowerment

4. Prof. Asvini Fernando President, College of Paediatricians

5. Dr. Mahesan Ganeshan consultant psychiatrist, National Institute of Mental

Health

6. Dr. Ramani Gunathilake Consultant

7. Dr. Wimal Dissanayake Director, Habaraduwa Participatory Development

Foundation

8. Mr. A. Ranaweera Director, Sri Lanka School of Social Work

9. Mr. Anton Priyanka Programme Offiecr, Caritas Sri Lanka - SEDEC

10. Mr. Chandila Colombege Senior Manager, World Vision

11. Mr. Jeevan Thiagarajah Executive Director, Consortium of Humanitarian

Agencies

12. Mr. Lalith Samaraweera Information Analyst, Consortium of Humanitarian

Agencies

13. Mr. M Ranamoorthy Director – Planning, Ministry of Social Services

14. Mr. Rohana Ranasinghe Programme Manager, National Child Protection Authority

15. Mr. Ruwan Manjula Programme Officer, Caritas Sri Lanka - SEDEC

16. Mr. Sajeeva Samaranayake Consultant, Ministry of Justice and Law Reforms

17. Mr. Thatparan Jeganathan Advisor, Child Protection, Save the Children

18. Mr. Tissa Rajaguru National Advisor, Child Protection, Plan Sri Lanka

19. Ms Chathuri Jayasuriya Consultant

20. Ms. Nirmalee Perera Probation Officer, Department of Probation and Child

Care Services

21. Ms. Chrishara Paranavithana Consultant - PSY , Consortium of Humanitarian Agencies

22. Ms. Cyrene Siriwardhana Manager - Policy & Advocacy, Oxfam Australia

23. Ms. Dhanya Ratnavale Manager Early Recovery, Consortium of Humanitarian

Agencies

24. Ms. Geetha Harshani Junior Professional, Centre for Poverty Analysis

25. Ms. Nayana Godamune Senior Researcher, Centre for Poverty Analysis

26. Ms. Nirasha Perera Project Coordinator, National Child Protection Authority

27. Ms. Tahirih Qurratulayn Director, Institute of Human Rights

28. Ms. Vimala Periyannanpillai Child Protection Officer, UNICEF

THE DISCUSSION

Opening remarks

Prof RW

The work of the Ministry of Child Development and Women’s Affairs has been rights based but over the

years we have found that insufficient progress is being made due to a variety of reasons. There is a move

within the Ministry of Public Administration to change structures but this process will need clear technical

guidance from the relevant line Ministries. At the end of this dialogue we will require a specific plan of

action; a training programme and a monitoring mechanism.

EI

There is a gap between the State and activism in this sector which we must try and narrow. The issues

that are coming to light are alarming and right now we are in a state of anxiety. Some issues are beyond

the reach of the State as we find that conventional machinery is not touching certain social issues. I must

express my gratitude to Professor Rajiva Wijesinha for initiating this dialogue in order to fill the current

gaps. The purpose of this dialogue is for us to influence each other.

First Presentation

A social welfare system in transition – Mr. Sajeeva Samaranayake, Consultant Ministry of

Justice [Power point presentation attached]

1. The Sri Lankan social welfare system appears to be ideologically poised between tradition and

modernity; with a challenge of consolidating indigenous values and integrating modern forms.

The pre-1977 closed economy that provided a hospitable base for the post colonial social welfare

state has now given way to a mixed economy of welfare. Additionally on the political front when

we use 1971 as the dividing line, ‘politics of welfare’ were replaced by ‘politics of warfare.’

Needless to say the current state of fragmentation calls for unifying approaches.

2. The three pillars of the social welfare state,

a. Free health services,

b. Freed education, and

c. Conditional social welfare

were meant to ensure equal opportunities for all citizens and afford social mobility and a higher

standard of living. In practice however the system favoured the urbanized middle classes over

the vernacular speaking rural population that composed 70% of the population.

The social welfare departments – social services and probation lacked social work capacity and

infrastructure and remained within a Poor Law mould which saw the criminal law and

institutionalization as legitimate responses for the deprived, disadvantaged and vulnerable.

3. The post 1977 era witnessed the entry of a new economic paradigm as a concrete reality and

‘human rights’ as an idea. The influence of ‘rights’ on the original structure of social services was

marginal. At the same time private sector service provision on the basis of affordability has

created a threefold division of the most vulnerable who require support to access services/ the

less well off who must access public services due to the absence of a real choice and the well off

who can demand ‘value for money’ from private sector services.

4. The institutional structure that emerged for children during the post 1977 period is characterized

by marginalization and a series of disconnections. These disconnections were compounded by

devolution to Provincial Councils in 1987. Unlike the post colonial social welfare state – the new

neo liberal welfare arrangements have climbed down from a commitment to social justice and

equality and resemble a Poor Law that cuts across all social services including the new addition –

poverty alleviation. Education has also succumbed to the new dualism of separate services for

the rich and poor with only health remaining faithful to the original pledge of a universal service.

5. The Ministry of Child Development consists of three institutions established in the post 1977 era.

These are the NCPA, Children’s Secretariat and Probation Central Office. They all share common

weaknesses in being marginalized within the national structure and disconnected from the

provinces who deliver services. All three have employed the negative coping strategy of

appointing their own officers to work within the provincial structure – an issue which has become

a thorn in the flesh of central – provincial relations. Only the Children’s Secretariat has been true

to its policy responsibilities and worked on a normative structure for preschools.

6. Social policy dialogue and social policy activism should strengthen our praxis and provide greater

meaning and direction to a child protection sector currently in a state of drift.

Prof RW

National policy and laws when formulated in places like the Ministry of Justice do not seem to consider

their implementation. What is the reason for this?

Prof Sharya

We need to accept the fact that devolution has now come to stay. When something is not working there

is an automatic assumption that you need to change the law. As opposed to this there is a strong

argument for strengthening existing mechanisms and facilitating their development.

AR – NISD

Unlike the health system which has been professionalized other parts of the social welfare system are

subject to changing political priorities and ideologies. Departments like PCCS which were initially a closed

service and keeping professional standards have subsequently declined. Today new graduates are

recruited to the social sector without a plan. Politicians think anyone can do social work/services.

Prof Sharya

Training and ensuring it is institutionalized is important. Universities today have several diplomas and

training programmes related to children but a divide remains between learning and practice.

Prof RW

Is there on the job training, assessment and monitoring?

Prof Sharya

Course preparation is consultative and external resource persons are brought in. Different teaching

methods are also followed.

Dr. MG

The basic attitude within the public sector is to do the minimum work and survive. New initiatives fall foul

of the system.

JT

There is a need for the early abolition of the Vagrants Ordinance, Houses of Detention Ordinance and

Poor Law Ordinance. In the case of the Universal Periodic Review (UPR) process also we are simply

responding to somebody else’s questions. The real question is how can we respond to our own needs?

Where children spend long periods in remand the Government must be asked to pay compensation for its

failure to expedite the return of the child to the community.

Cyrene S and Prof Asvini

There is experience of innovating multi-disciplinary models of child protection in Sri Lanka. We need to

ascertain how and why they have worked.

Dr. RG

There is no funding for social research in Sri Lanka

Prof RW

But academics can always use secondary data and write up research papers.

Prof Sharya

Most of such papers are abstract and insufficiently based on data. The legal profession in particular is

very top down in approach.

Prof RW

Issues have not been properly conceptualized. The last 3 years have shown the lunacy of our legislative

process.

Nayana G

The responsibility of the state must be clarified.

Prof RW

There must be a different philosophical approach and agreement on common outcomes. The assumption

that the state is responsible for the vulnerable has turned into a belief that the state must provide all

services. Other service providers must be there. However the state must ensure that the monitoring

mechanisms work and ensure standards.

There are four key ministries which must harmonize their work relating to children – health, education,

social services and child development. The Justice Ministry is also important but the line ministries must

take the lead on technical matters.

JT

The Meth Sevana Detention Home in Gangodawila is a good case study. The Judicial Service Commission

has written to the Institute of Human Rights and advised that the Ministry of Social Services is competent

to take necessary action. Monitoring bodies like the Human Rights Commission must also be more pro-

active and avoid ending up being another Police Station.

SS

What is the position of the Ministry of Child Development regarding its role in service delivery? The

Children’s Secretariat has done a commendable job in policy development but we found that a substantial

portion of its budget is allocated for direct services.

EI

The central government has a reserved power to develop national policy and give advice. However a

ministry can also deliver services. There is only one government and we should not make a binary

separation between central and provincial government.

JT

However the compliance and practices between provinces in not uniform.

EI

The job descriptions of officers should be uniform to make them function independently. However the

attempt to develop a common monitoring mechanism for the provinces was a complete failure.

Prof RW

Their methodologies can differ but there must be a common set of outcomes for children. Also there

must be an effective way to integrate centrally appointed officers working in the provinces.

Prof Sharya

There are many possibilities for violation of the anti-discrimination provision when children’s services are

administered by different provincial councils.

AR – NISD

The coordination of social care centres by the Divisional Secretary has become a failure; sometimes the

DS does not even allow officers to work together. There is a need for established guidelines and a proper

coordination mechanism.

Cyrene S

Can the DS practically perform this function?

Prof RW

There is no one else with central authority to do it.1

SS

Perhaps a child care professional should share the responsibilities with the DS as a ‘co-chair’?

Dr. MG

Different officers only come together by default. Coordination only happens exceptionally. Within the

health system the MoH area should be aligned with the DS Division.

Dr. RG

As a solution everyone is seeking to dump the problem at the Divisional level. There is a current initiative

of the Ministry of Public Administration on management reforms looking at the issue of re-structuring

social services but they need technical support from the relevant ministries.

JT

Functions can be defined but quality is a different matter. How can a poor child in court object to being

no dated?2

VP

Where the Divisional Secretary was willing to buy into the concept of social care the centres have been

successful. Officers have prepared and implemented care plans based on case conferences.

Second Presentation

The lives of children and families today - Dr. Wimal Disanayake, Chairman Habaraduwa Participatory Development Foundation [Note attached]

1 Note by Compiler – while the old GA model required all coordination to be done by a central functionary, how

well does this fit within the requirements of a multi-disciplinary model where specialists and professionals must be empowered to ensure quality services for children? 2 Cases of children are ‘no dated’ by Magistrates to avoid calling them in court repeatedly when no solution is in

sight or a solution for the care and custody of the child will take an indeterminate time. Such children languish in institutions for a long time – sometimes years.

When we go into the villages we cannot separate the child from the mother – their lives are so inter-

woven.

The other day I went to the GA’s Office in Galle and met this young lady – a samurdhi recipient who had

come first in the country for making beeralu and she was seeking government assistance to go to India

for an exhibition. However the samurdhi officer consulted his manuals at length and told the lady that

there was no provision to assist a samurdhi recipient to go abroad for professional development. And I

wondered is this the way we treat the less privileged members of our society? Although we live in the

same society, we inhabit different worlds.

The biggest issue we have to grapple with is the cultural displacement of the family into an alien world of

consumerism, especially after 1977 is. One specific output of traditional family relations was the role of

parents as teachers of their children. 60% of what the child learned in his or her early years was through

the parents and the living environment and nature. The balance 40% was completed by formal

education. Where a foundation of informal education was not laid within the home formal academic

education proves useless. In fact it can prove destructive. Prof. Hettige’s ‘varthamana samaja arbudaya’

(current social crisis) is the best exposition of this problem.

The Sri Lankan family has been directly exposed to and captured by scientific and technological

inventions without any regard to their suitability and the risks posed by them. For example the facility of

taking and sharing pictures and internet connectivity for mobile phones has become a serious hazard for

teenagers as this has become a convenient tool for pornography.

It is a dangerous thing in any society to isolate the mother as the entire family is dependent on her.

Since the 1950’s the role of the mother as manager of the household has been usurped by the market.

However till the 1970’s families enjoyed a simple lifestyle. This changed after 1977.

A ‘higher standard of living’ became defined by economic criteria alone. This did not pose a problem for

the rich. But for the poor it meant the entry into a world of gadgets which they had to have. Middle east

migration by mothers to work as house maids marks a high point of this destructive consumerist

philosophy.

CJ

We talk about child participation and promoting participation; but practically how do we ensure

community ownership?

Dr. WD

There are different types of societies and groupings in the villages. The real question is how can we

ensure honesty in entering into a partnership for development?

At a village level training for husbands and wives it was a strict condition to bring the husbands. 2 out of

18 ladies came alone and they gave excuses for their husbands saying they had travelled long distances.

Usually the women protect their husbands under many circumstances. However by morning tea time

these two husbands turned up fully drunk. They explained that they had come early morning but left

again to have some liquor and come as they felt this would be a challenging workshop. They were told to

come the following morning as they were not in a condition to participate.

NG

A perspective from the ground level is highly relevant for this type of dialogue.

NP

Probation Officers work with the families of both victims and offenders and we find they both come from

the same backgrounds. The basic task in working with families is to prepare them to receive the child.

JT

Is there a hope for reintegration?

NP

Yes

Chrishara P

There are short term and long terms responsibilities on the part of both families and Probation Officers

Nishara P – NCPA and Prof RW

These responsibilities need to be very clear

Dr. MG

Probation has no system as such. There are many unresolved issues pertaining to recruitment and

conditions of service of officers and every province has to negotiate these issues separately with the

institutions coming under the Ministry of Finance. There is no national policy on human resources for the

probation departments

Prof RW

A sum of Rs. 900 million is incurred {monthly/annually} to pay the newly employed graduates to the

social sector. It would be very important to set up an early meeting between the ministries of social

services and child development.

Three areas for strengthening are very clear:

Job descriptions

Monitoring; and

training

Any DS should have a clear understanding of child protection

Dr. RG

The family must also be protected from alcohol and drugs. There is a trend today to make home

deliveries of dangerous drugs and substances

Table on institutions under the Ministry of Child Development

The participants examined this table and had the following discussion

Prof RW submitted the following suggestions:

The functions of NCPA and Probation should be combined at national level. The mandate of NCPA should

be realistically reviewed to develop a doable agenda. The development aspects of children must be

separated and conferred on the Children’s Secretariat.

Third Presentation

Drivers of Inclusive Growth in Sri Lanka3 by Dr. Ramani Gunatilaka, Independent Consultant and

Adjunct Fellow – Monash University Australia

The study combines quantitative and qualitative analytical methods to understand what facilitates and

constrains inclusive growth in Sri Lanka. Inclusive growth was defined in terms of the poverty outcome of

growth, as well as in terms of the nature of the growth process itself, such as whether it provides

equality of opportunity, protection and broad based economic and social mobility within communities.

The study found that consumption growth has been accompanied by a reduction in poverty in almost all

districts. Thus growth has been inclusive in terms of the poverty outcome in almost all districts but varied

experiences among districts suggest that high rates of economic growth have been neither necessary nor

sufficient for poverty reduction in Sri Lanka during the period 2002-2007. For example, Gampaha district

had the highest growth elasticity of poverty, followed by Puttalam district. But interestingly, Gampaha

experienced the lowest rate of consumption growth over the period, while consumption growth in

Puttalam district, too, was among the lowest.

Decomposition analysis focusing on the districts of Gampaha and Puttalam showed that improved access

to infrastructure, better education of the workforce, changes in the industrial sector of employment from

agriculture to the service sectors, and migration accounted for most of the growth in mean consumption

in both districts during the reference period.

3 Based on De Silva, N., R. Gunatilaka, G. Lokuge and A. Meedeniya (2012), Integrating Quantitative and Qualitative

Methods to Identify the Drivers of Inclusive Growth, in Indraratne, A. D. V. De S. and S. Vidanagama (eds) (2012), Achieving Economic Goals in the Midst of Global Challenges, pp. 83-139, Colombo: SLEA

Qualitative data from Puttalam confirm these findings and highlight the interconnections between these

variables in facilitating or holding back growth. For example, improvements in the main trunk road

connecting to example to Colombo helped entrepreneurs to connect with their networks of input suppliers

and buyers more efficiently. Electricity coverage and quality has increased, which has also reduced

production costs for, for example medium scale salt manufacturers and commercial vegetable farmers.

Better access to phones has also had a tremendous impact, changing business practices and reducing the

need for physical travel to meet with input suppliers and buyers. For poor households however, given the

nature of their livelihood activities, access to better infrastructure has had mainly a social impact; for

example improved main roads has made it easier for them to access health, education and transport

services.

The decomposition analysis suggests that movement out of agriculture into manufacturing, industry and

service sectors is associated with an increase in household consumption expenditure. On the other hand,

systematic and capital intensive farming systems in Kalpitiya, Puttalam district, enable commercial

vegetable farmers to earn very high incomes from a systematic and capital intensive farming system.

Access to infrastructure such as roads and telephones to connect with their network of input suppliers

and buyers have helped farmers retain a large share of the profits, rather than being exploited by

middlemen.

However, the qualitative data analysis revealed other factors that interacted with and facilitated variables

such as infrastructure access, better education, and change in employment structures to enable growth.

In the process it revealed the characteristics of individuals and households which were able to take

advantage of opportunities provided by better facilities, changes in demand and high prices, to earn

more. Migrant workers’ savings, access to capital through milestone events, and better access to credit,

provided seed capital for successful business people to adopt new technologies, which was in turn helped

by better education. Prior experience in that activity and individual effort helped. Being conversant in the

local language and better social capital as the movers climbed up the social ladder, were also important.

The qualitative analysis carried out in Puttalam district also revealed the characteristics and processes

associated with chronic poverty and the inability to benefit from the growth process. A tenth of

households studied in all three communities have remained chronically poor, constrained by multiple

issues, such as lack of basic infrastructure, low levels of education, alcoholism, too many dependents, ill

health, and the nature of the economic growth process which has ensured very low returns for unskilled

wage labour. Such work has been invariably associated with poor working conditions and no protection

against sudden setbacks, such as illness. While some young people are forced to drop out of school due

to economic hardship, the availability of wage work coupled with poor education facilities at secondary

level and beyond, also act as constraints against pursuing higher education.

The study also highlights the importance of looking beyond national level data on growth and poverty

reduction, to design a successful inclusive growth strategy. The district level analysis shows that the

experiences of the districts studied are quite different to each other, and that even within one district,

three communities have had divergent experiences with growth and poverty reduction over the past

decade. The constraints faced by poor households in participating in economic growth are similarly

context and time-specific. Generating economic growth does not guarantee poverty alleviation and there

is a need to undertake more micro-level analysis to understand better who benefits and who loses from

economic growth processes and design and target development strategies accordingly.

Dr. MG

Social welfare is politicized and there is a technical vacuum. The public sector employs 1.3 million people

altogether. Building a hospital building today will come to three times the actual cost due to corruption.

Suggested specific actions as a follow up to the preparatory dialogue

1. Engagement with relevant institutions MoSS/MoCD, NCPA, Probation

2. Engagement with the management review of public administration ministry

3. Public interest litigation or legislative change on the Vagrants Ordinance

4. Support for Probation Officer and CRPO’s to facilitate community mobilization

5. Continue dialogue on special areas such as psycho social services, social work, social planning etc

Compiled for the Joint Organizers by:

Sajeeva Samaranayake

Consultant

November 2012