LTTE outlaws child recruitment, labour

The Liberation Tigers’ administration has enacted laws to protect the rights of children, including the making of education compulsory up to grade 11, outlawing the enlisting of children under 17 years in Armed Forces, making the participation of under 18-year olds in armed combat illegal, and proscribing all forms of child labour.

The Tamileelam Child Protection Act 2006 (Act No. 03 of 2006) was enacted by Tamileelam Legislature Secretariat and became effective on October 15, Head of Tamileelam Judiciary, E. Pararajasingham, told TamilNet.

The legislators studied child protection acts of other countries including Malaysia, Australia, the United Kingdom and Norway, and the existing international instruments before coming up the Act’s 83 sections.

Regulations related to enlistment in Armed Forces is dealt with in Sections 36, 37(a), 37(b), 38(a) and 38(b) in Chapter 04 of the Act.

Section 21 of The Child Protection Act defines the Armed Forces as the Army, Navy, Air Force of the Liberation Tigers of Tamil Eelam (LTTE), and the Tamileelam Police.

"Our vision is that a fair and impartial Judiciary is the backbone of our society—that is what our struggle is about," Mr. Pararajasingham told reporters.

He said the Tamileelam Legislature Secretariat started working on formulating the Child Protection Act in May, soon after completing the Tamileelam Land Act of 2006.

"We were directed by LTTE Leader Pirapaharan to formalize into law the Rights of children, and penalties for violating these rights, within a framework consistent with the deeply held values of Tamil culture, tradition and history, and the international covenants on Rights of Child," Mr Pararajasingham added.

The Act specifies Children's Rights on Education (Chapter 02), Protection (03), Enlistment in Armed Forces (04), Investigating Delinquent Children (05), Employment of Children (06), Birth (07), Parental Responsibilities and Rights (08), Penalties for Child-offenders (09), Custody and Guardianship (10) and Miscellaneous (11).

The LTTE's Tamileelam Legislature has earlier enacted Tamileelam Penal Code and Tamileelam Civil Code in 1994.

The Act prescribes criminal procedures and penalties for offences committed against children, Mr Pararajasingham said.

The Tamileelam Child Protection Act prohibits employment of children below the age of 16, and prescribes employment of child labour as a crime punishable by two years of imprisonment.

Children between 16 and 18, could only be employed with legal permission according to the Act.

Sexual abuse, and exploitation of children for sexual purposes are punishable offenses with maximum twenty years and minimum five years of imprisonment.

The Act attributes gratis education as State responsibility.

Child welfare centers run by charitable organisations and NGOs are mandated to comply with Sections 75 to 81 in Chapter 10 of the Act.

Only organisations approved by Tamileelam Administration are allowed to operate children's homes, and these organisations are expected to register with the district level administration.

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