Sri Lanka is preparing to introduce mandatory fingerprint-based vetting for individuals seeking employment in State institutions that involve direct contact with children, marking a significant shift in the country’s child protection framework. The proposed mechanism, driven by the National Child Protection Authority (NCPA), aims to prevent convicted child abuse offenders from entering or remaining in positions that give them access to minors.
The move comes against the backdrop of persistent systemic failures in child protection, including long delays in investigations and prosecutions, severe court backlogs, and weak institutional accountability. For many victims, justice has remained elusive for years, underscoring the urgent need for preventive safeguards rather than reactive interventions.
Over successive administrations, institutions mandated to protect children, including the Women and Child Affairs Ministry and the NCPA itself, have struggled with limited resources, uneven enforcement, and fluctuating political priority. Meanwhile, offenders have continued to live and work within communities, with documented cases of individuals convicted of child abuse retaining or obtaining jobs that place them in close proximity to children.
It is within this context that the NCPA is moving to operationalise an existing but underutilised legal framework by making fingerprint database checks compulsory in State-sector recruitment and continued employment.
Historic use of ministerial powers
At the heart of the proposal is a directive to be issued under Section 18 of the NCPA Act, which empowers the subject minister to issue binding directions to Government departments and statutory bodies on matters relating to the prevention of child abuse. Although the provision has existed for years, it has never before been used in this manner.
NCPA Legal Division Head Preethika Sakalasooriya said the draft directive has already received legal clearance from the Attorney General and approval from the newly appointed NCPA Board of Directors. Once issued, it will apply to all Government departments, semi-Government institutions, authorities, boards, and commissions that work with children.
“This is a special step because we haven’t done this before,” Sakalasooriya said, describing it as a historic first use of Section 18 to enforce preventive screening across the State sector.
Fingerprint-based vetting and re-evaluation
The proposed mechanism relies on a fingerprint-based criminal records system maintained by the Police Criminal Records Division (CRD) under the Prevention of Crimes Ordinance. Although the law dates back to the 1800s, a 2017 amendment significantly expanded its scope by making child abuse-related offences fingerprintable.
Through that amendment, 13 offences that fall within the statutory definition of child abuse were designated as fingerprintable. These include sexual exploitation and harassment of children, trafficking, cruelty to children, kidnapping, procuration, offences relating to adoption, and recruitment of children for armed conflict, among others. Individuals convicted of these offences have their fingerprints and identifying details recorded by the Police.
Previously maintained manually, the database has since been digitised, allowing Police stations nationwide to access and verify records more efficiently.
Under the proposed directive, all new recruits to State institutions with child contact will be required to submit Police clearance reports confirming they have not been convicted of child abuse-related offences. Existing employees will also be subjected to periodic re-evaluation every five years. In addition, the framework proposes mandatory mental health assessments, to be implemented in coordination with the Ministry of Health.
Discussions are ongoing with the Ministry of Public Administration, Provincial Councils, and Local Government authorities to ensure system-wide implementation.
Sakalasooriya stressed that responsibility for enforcement would lie with institutional heads. “No one is indispensable. It is the responsibility of the head of the institution to screen and remove such people and find replacements,” she said, noting that offenders often deliberately seek employment that provides access to children.
Protection over rehabilitation
NCPA Chairperson and former High Court Judge Preethi Inoka Ranasinghe emphasised that child protection must take precedence over offender rehabilitation in contexts involving access to children.
Drawing on her experience on the bench, Ranasinghe said individuals who target children frequently position themselves in environments where children are present, while ordinary members of the public have limited ability to identify such risks without institutional support.
“We cannot put children at risk to give offenders a chance to correct themselves,” she said, adding that rehabilitation opportunities should be pursued in sectors that do not involve direct contact with children.
She also clarified that juveniles who committed offences while under the age of 18 would not be included in any public-facing system, reflecting the need to distinguish between adult offenders and minors within the justice framework.
Limited to State sector—for now
The proposed directive will apply only to State institutions. According to Sakalasooriya, extending the same requirements to private-sector entities such as private schools, tuition centres, and childcare facilities would require explicit political approval.
“The NCPA Act allows directives only to State institutions. Any extension beyond that lies with the political authority,” she said.
Global context and debate
Sri Lanka’s initiative mirrors international practice, though sex offender registry models vary widely across jurisdictions. As of 2022, at least 41 countries and territories had enacted legislation governing sex offender registration, including the US, UK, Australia, South Africa, India, and South Korea.
Some countries operate publicly searchable registries, prioritising transparency and community awareness, while others restrict access to law enforcement through controlled disclosure schemes. The effectiveness of such registries remains debated, with critics raising concerns about privacy, proportionality, and long-term rehabilitation.
Nevertheless, globally, such systems are most commonly justified as tools for risk management, inter-agency coordination, and crime prevention rather than as standalone deterrents.
A shift toward accountability
For Sri Lanka, the NCPA’s proposed framework represents a move toward institutional accountability, placing child safety at the centre of State employment practices. If implemented as planned, it would introduce mandatory screening, regular re-evaluation, and clearer responsibility for preventing known offenders from accessing children through State institutions.
As Sakalasooriya put it, the objective is straightforward: “We want people who won’t harm children to be in jobs that have access to children.”
(Adopted from a longer article published in the Morning)