SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

however, face deep stigma if they are abused or engage in prostitution, due to the cultural
importance of virginity and families’ fear of pregnancy out of wedlock. 423
8.1.5.2 Trafficking for sexual exploitation
Like other parts of South Asia, Sri Lanka has a low incidence of boys trafficked directly for
the purpose of sexual exploitation, either inside or outside the country. 424 Yet a considerable
number of children are internally trafficked for domestic labour, 425 and the trafficking and
forced recruitment of children as combatants in the LTTE has been well documented. 426
Children are also trafficked for other exploitive labour purposes, illegal adoption and forced
begging. 427
8.2 Legislation
Sri Lanka has ratified the Convention on the Rights of the Child and the SAARC Convention
on Preventing and Combating Trafficking in Women and Children for Prostitution. It has
signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (Palermo Protocol) and ILO Convention 182 on the Worst Forms of
Child Labour.
The legislation of Sri Lanka relevant to child sexual abuse and sexual exploitation includes
the Penal Code of Sri Lanka; Ordinance No. 2 of 1883 and subsequent Amendments; the
Vagrants Ordinance 1941; the Brothels Ordinance; the Children and Young Persons
Ordinance No. 48 of 1939; and the National Child Protection Authority Act 1998.
The Penal Code of 1883 lacks adequate provisions to address child sexual abuse and
exploitation. This was remedied under the Penal Code (Amendment) Acts No. 22 of 1995,
No. 29 of 1998 and No. 16 of 2006. The country’s legislation in general does not discriminate
against boys, although as in many other legislation in South Asia, boys can be treated as
perpetrators as well as victims under legal provisions criminalizing sodomy. The legislation
as a whole is comprehensive in addressing all forms of sexual abuse, although it does not
adequately protect boys and girls aged 16 to 18.
8.2.1 Definition of a child
The Age of Majority (Amendment) Act No. 17 of 1989 places the age of majority at 18. The
Children and Young Persons Ordinance 1939 does not deal with age of majority as such, but
defines a ‘child’ as being under 14 and a ‘young person’ as being under 16 only for the
purpose of care and protection and juvenile justice. The Penal Code (Amendment) Act (PCA)
No. 22 of 1995, the most viable legislation to address child abuse, places the age of statutory
423
Ibid.
424
International Labour Organization (Amarasinghe, S.), 2002, ‘Sri Lanka: The commercial sexual exploitation
of children: A rapid assessment; and Terre des hommes (Lausanne), 2006, op. cit.
425
Department of Census and Statistics, Government of Sri Lanka, 1999, ‘Child activity survey’.
426
Human Rights Watch, 2004, ‘Living in fear: Child soldiers and the Tamil Tigers in Sri Lanka’. At
427
Zulfi, A., 2007, ‘Issues of child trafficking in Eastern Sri Lanka: A case study of Batticaloa District’.
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