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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the NORMLEX database (http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:1:0) and click on ‘display all documents related to a specific country’.
Scroll to: __________________________________________________________________ CEACR: Individual Observation concerning the Minimum Age Convention, 1973 (No. 138) Sri Lanka (Ratified: 2000) Article 2(3). Compulsory education. The ILO Committee had previously noted with interest the Government’s indication regarding its proposal to extend compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students normally attain 16 years of age. It requested the Government to provide information on any developments in this regard. The Committee notes the Government’s information that the Ministry of Education has taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age. The Committee expresses the firm hope that the Bill extending compulsory schooling up to 16 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. Part V of the report form. Application of the Convention in practice. The ILO Committee notes the Government’s indication that the Child Activity Survey conducted by the Department of Census and Statistics has been completed, and the report is yet to be published. It further notes from the Government’s report that according to the Women and Children’s Affairs Division, Department of Labour, in 2010, 179 complaints on child labour were received, out of which 17 cases were filed in the courts, two cases were settled, and ten cases were being heard. Likewise, during the first six months of 2011, 81 complaints were received, out of which six cases were filed in the court and are being heard. It also notes that in 2010, nine cases of child labour were reported with the National Child Protection Authority, and investigations are pending for three cases. The Committee observes that, while several complaints on child labour were registered at the Department of Labour, only very few cases have been subject to prosecution. In this regard, the Committee requests the Government to take the necessary measures to ensure the effective enforcement of the provisions of the Convention, and accordingly requests the Government to strengthen its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee also requests the Government to continue providing information on the number and nature of violations detected, involving children, as well as the convictions and penalties imposed for such violations. It further requests the Government to supply a copy of the Child Activity Survey report, once it has been published. __________________________________________________________________ CEACR: Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Sri Lanka (Ratified: 2001) Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The ILO Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years for prostitution. It also noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA) of Sri Lanka. It requested the Government to provide information on the penalties applied to offenders with regard to cases of commercial sexual exploitation of children. The Committee notes the Government’s information that in 2010, 37 cases of sexual exploitation of children were registered with the NCPA, out of which, 20 cases were brought before the court, and investigations were pending in seven cases. The Committee notes that according to the report of 27 June 2011 on trafficking of persons in Sri Lanka, available on the website of the United Nations High Commissioner for Refugees, in 2009, the NCPA estimated that approximately 1000 children were subjected to commercial sexual exploitation within Sri Lanka although some NGOs believed the actual number to be between 10,000 and 15,000. Moreover, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 69) expressed concern that in spite of the magnitude of child sexual exploitation and notably high incidence of exploitation of approximately 40,000 children in prostitution, there are no comprehensive data available on child sexual exploitation and no central body to monitor the investigation and prosecution of child sexual exploitation cases. The Committee expresses its deep concern at the high number of children involved in commercial sexual exploitation. It accordingly urges the Government to strengthen its efforts to combat the commercial sexual exploitation of children and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children. Clause (d) and Article 4(1). Hazardous work. The ILO Committee previously noted that section 20A of the Employment of Women, Young Persons, and Children Act (EWYPC Act of 2006), as amended by the Employment of Women, Young Persons, and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), prohibits the employment of children under the age of 18 years in any hazardous occupation. It also noted that section 20A further provides that hazardous occupations in which persons under 18 years are prohibited from working shall be prescribed by the Minister. Subsequently, it noted the Government’s indication that the list of types of hazardous work was being revised by a tripartite steering committee, and would come into force as Regulations under section 20A of the EWYPC Act of 2006 after adoption by the Parliament. The Committee expressed the firm hope that the list containing the types of hazardous work prohibited to children under 18 years would be adopted in the near future. The Committee notes with satisfaction that the Hazardous Occupations Regulation containing the list of types of hazardous works under section 20A of the EWYPC Act of 2006 has been adopted and came into force on 20 August 2010. This Regulation contains a comprehensive list of 49 types of work prohibited to persons under the age of 18 years including. The Committee requests the Government to provide information on the application in practice of section 20A of the EWYPC Act of 2006. Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee notes the Government’s information that the impact of the programmes conducted within the National Action Plan to Combat Child Sex Tourism has not yet been evaluated. The Committee notes that the CRC, in its concluding observations of 19 October 2011, (CRC/C/LKA/CO/3-4, paragraph 71), expressed concern that Sri Lanka remains a common destination for child sex tourism, with a high number of boys being sexually exploited by tourists. The CRC also expressed concern that the police lack the necessary technical expertise to combat child sex tourism and that the Cyber-Watch programme to monitor the internet for child pornography and crimes related to child sex tourism was discontinued and the Cyber Crimes Unit closed due to lack of funding. The Committee expresses deep concern at the situation of children involved in child sex tourism. The Committee urges the Government to strengthen its efforts to combat child sex tourism. It requests the Government to take the necessary measures to enhance the functioning of the police in tracking and identifying children involved in child sex tourism and to ensure that perpetrators are brought to justice. The Committee requests the Government to provide information on the concrete measures taken in this regard. The Committee finally requests the Government to provide information on the impact of the National Action Plan to Combat Child Sex Tourism, once its evaluation has been completed. __________________________________________________________________ CEACR: Direct Request concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Sri Lanka (Ratification 2001) Part V of the report form. Application of the Convention in practice. According to the Department of Census and Statistics Child Labour Survey, in 2009, nine cases of trafficking of children were reported to the National Child Protection Authority (NCPA), of which four cases were brought to trial. Similarly, nine cases related to child labour were reported in 2009 and in three cases investigations were pending. The Committee requests the Government to indicate the number of persons prosecuted, convicted and sentenced with regard to the cases involving the worst forms of child labour, in particular trafficking of children. It also requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible all information should be disaggregated by sex and age. The Committee finally requests the Government to supply a copy of the report of the Child Activity Survey, once it has been published.
Published: 2012
Published: 2012
Published 2012