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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
___________________________________________________________________ The high number of teenage pregnancies UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee ... expresses serious concern at the high level of teenage pregnancies especially in less developed and conflict affected areas as well as the high level of abortions in the State party which represent a significant proportion of maternal deaths. [T]he Committee urges the State party to increase the availability of confidential and youth friendly health services throughout the country, enhance the availability of contraceptive services and promote sex education targeted at adolescent girls and boys, with special attention to the prevention of early pregnancies and sexually transmitted diseases. The Committee also urges the State party to review its legislation on abortion, with the view notably to guaranteeing the best interests of pregnant teenagers (paragraphs 54 and 55) UN Committee on the Elimination of Discrimination against Women Last reported: 26 January 2011 Concluding Observations published: 4 February 2011 While the Committee acknowledges the achievements of the State party in the area of maternal healthcare, it is concerned about the limited knowledge of reproductive health and the low rate of use of contraceptives, the high level of teenage pregnancies especially in less developed and conflict-affected areas, as well as the low accessibility to family planning and the increase in prevalence of HIV/AIDS infection among women. The Committee is also concerned that abortion is a punishable offence under the law, unless the purpose is to save the life of the mother and regrets that about 10 per cent of maternal mortality is reported as the direct result of clandestine abortion. Within the framework of the Committee's general recommendation No. 24, the Committee urges the State party to: ___________________________________________________________________ Corporal punishment in schools UN Committee on the Rights of the Child (Concluding Observations, October 2010) While commending the abrogation of the Corporal Punishment Ordinance of 1889 and the Circular No. 2005/17 issued by the Ministry of Education on 11 May 2005 which prohibits physical assault or corporal punishment in the school system by any adult on a child, the Committee expresses concern that the Education Ordinance of 1939 permitting corporal punishment in schools has not been abrogated and that corporal punishment therefore remains lawful in schools as well as in the home and in alternative care settings. The Committee, recalling its previous recommendation (CRC/C/15/Add.207 para. 29) draws the attention of the State party to its General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and urges that it: UN Human Rights Committee Last reported: 31 October and 3 November 2003 Concluding Observations adopted: 6 November 2003 The Committee is concerned that corporal punishment is still permitted under law, and despite directives issued by the Ministry of Education in 2001, it is still taking place in schools. The Committee urges the abolition of all forms of corporal punishment as a matter of law, and to enforce these measures in primary and secondary schools (paragraph 11). ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee takes note of the amendment of the Penal Code in 2006 to address child trafficking specifically. However, it expresses concern that while children are trafficked internationally and internally, the legislation still provides with very low penalties, for trafficking in children and that the State party has still not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime of 2000. The Committee is further concerned that investigations into cases of human trafficking are rarely followed by prosecutions or convictions and that efforts to prevent trafficking and to protect victims of trafficking have been limited. The Committee further notes that the anti-trafficking unit of the National Child Protection Authority no longer exists and that the plans started in 2007 to develop an inter-agency anti trafficking task force have not yet been concretised. The Committee recommends that the State party: UN Human Rights Committee Last reported: 31 October and 3 November 2003 Concluding Observations adopted: 6 November 2003 The Committee urges the State party to vigorously pursue the State's public policy to combat trafficking in children for exploitative employment and sexual means, especially through the implementation of the State's National Plan of Action (paragraph 14) UN Committee against Torture Last reported: October-November 2011 Previously reported: 10 and 11 November 2005 The Committee expresses serious concern about allegations of continued abduction and military recruitment of child soldiers by the Liberation Tigers of Tamil Eelam. The State party should take necessary steps to prevent such abductions and recruitment into the military and to facilitate the reintegration of former child soldiers into society (paragraph 17). UN Committee on the Elimination of Discrimination against Women Last reported: 26 January 2011 Concluding Observations published: 4 February 2011 The Committee commends the efforts undertaken by the State party to combat trafficking, including the introduction of a new definition of the offence of trafficking in persons in the Penal Code, the organisation of awareness-raising activities and the establishment of an Anti-Human Trafficking Task Force. The Committee further commends that a bill on witness protection is being elaborated. The Committee is, however, concerned at the low number of convictions and punishment of those convicted of trafficking and at the lack of protective measures and safe homes for victims of trafficking. It is also concerned that the State party has not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. The Committee urges the State party to: UN Committee on Migrant Workers Last reported: 12 and 13 October 2009 Concluding Observations adopted: 15 October 2009 The Committee notes that the State party has signed but not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and recommends that the State party should proceed to ratify this Protocol as soon as possible. The Committee recommends that the State party should compile disaggregated data with a view to better combating trafficking in persons, especially women and children (paragraphs 19, 20 and 52 (b)). International Labour Organisation 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. ___________________________________________________________________ Sexual exploitation of and violence against children UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee is concerned that in spite of the magnitude of child sexual exploitation and abuse in the State party, and notably the high incidence of incest and the exploitation of approximately 40,000 children as prostitutes: The Committee urges the State party to: UN Human Rights Committee Last reported: 31 October and 3 November 2003 Concluding Observations adopted: 6 November 2003 The Committee urges the State party to vigorously pursue the State's public policy to combat trafficking in children for exploitative employment and sexual means, especially through the implementation of the State's National Plan of Action (paragraph 14). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is deeply concerned about the continued sexual abuse and exploitation of thousands of children, including in child sex tourism. The Committee has grave concerns that the perpetrators are rarely prosecuted, and noted that child victims could still be excluded from the protection of the law and placed on remand for conducting prostitution. The Committee calls upon the State party to amend its legislation against child sexual exploitation so that it did not criminalise child prostitutes. The State party should report the results achieved of the implementation of the 2006 national Plan of Action against Child Sex Tourism in the State party's next periodic report to the Committee. The Committee requests the State party to take more active measures to bring perpetrators of child sexual exploitation to justice (paragraph 27). UN Committee on the Elimination of Violence against Women Last reported: 26 January 2011 Concluding Observations published: 4 February 2011 In accordance with its general recommendation No. 19, the Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive legislation to criminalise all forms of violence against women (paragraph 24a). International Labour Organisation 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. 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. ___________________________________________________________________ Personal laws discriminating against women, especially regarding the age of marriage UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee expresses serious concern that Muslim personal laws allow girls to be married below the age of 12 years. While the Committee notes the creation of a special committee to study a possible revision of personal laws, it is however concerned that the State party considers that any reform of the personal laws should come from the affected communities themselves. The Committee reminds the State party of its responsibility to take immediate measures to prohibit early and forced marriages and to raise the age of marriage to 18 years for both boys and girls in accordance with its national legislation. The Committee urges the State party to develop sensitisation and educational programmes involving religious and community leaders, and society at large, including children themselves, to curb the practices of early and forced marriages which have a negative effect on the development of children, especially girls. In line with the Human Rights Committee General Comment No. 28 on equality of rights between men and women, the Committee also reminds the State party that freedom of religion may not be invoked to justify discrimination against girls and practices such as forced and early marriages (paragraphs 56 and 57). UN Human Rights Committee Last reported: 31 October and 3 November 2003 Concluding Observations adopted: 6 November 2003 Personal laws discriminating against women, especially the age of marriage. Although the Committee commends the State party for introducing legislation since 1995 which was designed to improve the situation of women, the Committee remains concerned about the contradiction between the Constitution's guarantee of fundamental rights and certain personal laws discriminating against women, especially regarding the age of marriage. The Committee urges the State party to complete the ongoing legislative review process and reform all discriminatory laws, to bring them into conformity with the Covenant (paragraph 19). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is concerned that, despite repeated recommendations made by treaty bodies, the State party has still not repealed personal laws discriminating against girls, such as the provisions of the Muslim Personal Law allowing early marriage of girls as young as 12 years old. The Committee notes with serious concern that the Women's Bill does not protect girls from all communities from early and forced marriage. The Committee calls upon the State party to take immediate action to amend the Muslim Personal Law and to put it in conformity with its national legislation with the view to outlaw early marriage (paragraph 15). UN Committee on the Elimination of Discrimination against Women Last reported: 26 January 2011 Concluding Observations published: 4 February 2011 The Committee is concerned about the persistence of stereotypes regarding the roles, responsibilities and identities of women and men among the general public and the media. The Committee expresses concern that gender role stereotyping perpetuates discrimination against women and girls and is reflected in their disadvantageous and unequal status in many areas, such as employment, decision-making, land ownership, education including sexual and reproductive education, sexual harassment and other forms of violence against women, including violence in family relations. The Committee urges the State party to: ___________________________________________________________________ Abduction and recruitment of child soldiers UN Committee on Migrant Workers Last reported: 26 January 2011 Concluding Observations published: 4 February 2011 Whilst the Committee notes with interest the initiative undertaken by the State party for the provision of scholarships to children of migrant workers and the conducting of a nationwide Anti-Illegal Recruitment Programme to protect the rights of migrant workers and their families, the Committee regrets the lack of information on these programmes. The Committee recommends that the State party take effective measures to improve the visibility and implementation of these programmes (paragraphs 11 and 12). Universal Periodic Review [CRIN note: a ceasefire is now in force] (May 2008) A - 20. Step up its efforts for the rehabilitation of former child soldiers – in particular through enhanced cooperation with the international community – and adopt measures necessary for their rehabilitation in an appropriate environment (Belgium); (accepted) A - 21. Adopt measures to investigate, prosecute and punish those responsible for serious human A - 22. Take judicial and other measures to put an end to the recruitment of child soldiers in all parts of its territory, and accordingly give further appropriate directions to the security forces and police to ensure their implementation (Belgium); (accepted) A - 23. Investigate allegations of forced recruitment of children and hold to account any persons found in violation of CRC and its Optional Protocol (Slovenia); (accepted) A - 24. Take further steps to improve the effectiveness of measures to combat the recruitment of child soldiers (New Zealand); (accepted) A - 25. Take active measures in order to put an immediate end to forced recruitment and use of A - 30. (a) Pursue the ongoing inquiries into allegations of violations of children's rights in armed A - (b) take other urgent measures for the re-integration of children who have surrendered to the NC - "To investigate the involvement of the paramilitary Karuna Group of abducting children for use as soldiers." (Holy See) (no clear position) NC - "To demobilise child soldiers by assuring children serving with pro-government militias (forced or voluntary) are released and adequate resources allocated for disarmament, demobilisation, reintegration, repatriation and other activities to halt the unlawful recruitment of children" (United States) (no clear position) NC - (d): "Sri Lanka's plan to address the forcible recruitment of child soldiers should be publicised" (United States) (no clear position) NC - (e): "Sri Lanka should work with international and domestic non-State actors to halt the Report of the Secretary-General on children and armed conflict. 25 June 2009. The report of the Secretary General on children and armed conflict (S/2009/158) and all the previous reports of the Secretary-General (S/2003/1053 and Corr.1 and 2, S/2005/72, S/2006/826 and Corr.1, and S/2007/757) have listed LTTE as a group that recruits and uses children as soldiers. In spite of repeated assurances by LTTE, recruitment and re-recruitment of children into its ranks has continued. There has been very limited progress on the release of the children recruited by LTTE in the reporting period. At the beginning of the reporting period (15 September 2007), there were verified reports of 306 child combatants in LTTE. The Country Task Force received and verified reports of 39 cases of child recruitment and 6 cases of re-recruitment during the reporting period, including the cases of 4 children recruited twice by LTTE. This marks a decrease in the number of reported cases of recruitment and re-recruitment compared to previous reports submitted to the Working Group. In the same period, 17 children have been verified as released by LTTE. In addition, the Country Task Force verified eight cases of children who had returned to their families after running away from LTTE, as opposed to being released. As of the end of January 2009, there are an outstanding number of 81 children reported as recruited by LTTE and not released, and 1,342 persons recruited as children whom LTTE has refused to release and who are now 18 years or age or older. The capacity to monitor and receive reports decreased steadily in the reporting period owing to limited access and increased insecurity as a result of the intensification of the conflict in the Vanni. The monitoring and reporting mechanism is now largely inoperative in the conflict area. In addition, families reported to UNICEF that they were facing harassment and intimidation by LTTE not to report child recruitment. The Country Task Force has grave concerns that, in the last months, LTTE has forcibly recruited a much larger number of children, allegedly some as young as 14 years of age, which cannot be verified owing to the aforementioned constraints. Verified cases of child recruitment include the following. In February 2008, a 17-year-old boy was forcibly abducted from his home and recruited in Kilinochchi district. After the case was raised with LTTE, it made a commitment to speak to the family and take action for the child’s release. No information about the whereabouts of the boy is available to date. According to the data available, during the period from 15 September 2007 to 31 January 2009, the highest number of recruitment (including re-recruitment) reports received by the Country Task Force, through UNICEF, was in the month of February 2008, with nine reports. The second highest number, six reports, was received in August 2008, the month before operations were suspended, and the last available report on child recruitment by LTTE received by the Country Task Force, through UNICEF, described new recruitments. Sixty-two per cent of the reports on recruitment and re-recruitment (28 children, including 2 children recruited and re-recruited in the reporting period) came from Kilinochchi district. Mullaitivu district stands second, with 24 per cent of reports (11 children, including 1 child recruited and re-recruited in the reporting period), followed by 6.7 per cent of reports from Batticaloa (3 children), 2.2 per cent of reports from Vavuniya (1 child) and 2.2 per cent of reports from Mannar (1 child). The shift towards the higher rates of child recruitment in the Northern province can be clearly explained by the withdrawal of LTTE from the Eastern province and the southern parts of the Northern province, and a build-up in areas engaged in direct hostilities. The data collected indicates that the number of boys recruited by LTTE (64 per cent) was higher than the number of girls (36 per cent). The ratio of boys to girls recruited in the reporting period is consistent with the overall trend of LTTE recruitment since UNICEF started documenting child recruitment in 2003. On 15 October 2007, LTTE committed in writing, in line with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the recommendations of the Security Council Working Group on Children and Armed Conflict, to change its policy on the minimum age of recruitment from 17 to 18 years.4 However, it failed to translate its commitment into action and continued to recruit and use children under 18 years of age. On the basis of data available to the Country Task Force, the average age of children recruited in the reporting period is 16.65 years. The Tamil Makkal Viduthali Pulikal (TMVP) became a registered political party on 24 January 2008. The party contested and did well in both the provincial and district-level elections in the Eastern province, covering the districts of Trincomalee, Batticaloa and Ampara. While TMVP is now a registered political party, recruitment of children by this group continues, although at a reduced rate. It has failed to abide fully by its previous commitments and relevant national and international law. However, positive developments have been registered since TMVP signed its action plan, fully supported by the Government of Sri Lanka, to stop the recruitment and use of children into its ranks in response to the recommendations of the Working Group. There has been an overall reduction in reported cases of child recruitment by the TMVP, compared to the previous reporting period (see graph below). As the situation in the east of Sri Lanka, where TMVP is active, is more amenable to the collection of data and the communication of complaints of under-age recruitment, information collected there is more accurate than in the LTTE-held areas. Interviews with families and children indicate a change in the nature of child recruitment by TMVP in the east. While there continue to be cases of abduction and forced recruitment, TMVP also offers financial incentives to children and families for children to join. A further negative development is the emergence of a trend of “compensation recruitment”: if a child who was recruited runs away, the armed group recruits a sibling or another family member as a replacement. TMVP threatens or warns the parents of recruited children not to report to any agencies working with the Country Task Force. If the parents fail to comply, the children recruited are quickly and continuously moved from one camp to the other, obstructing the families’ capacity to stay in touch with them and further complicating agencies’ efforts to advocate at a local level for their release. Furthermore, there are signs of internal divisions within the group, which makes negotiations more complex, as the chain of command is not always clear. At the beginning of the reporting period (15 September 2007), there were verified reports of 160 child combatants in the TMVP. During the reporting period, the Country Task Force received 150 reports of child recruitment6 and re-recruitment, including reports on 7 children recruited after the signature of the action plan on 1 December 2008. In addition, the Country Task Force verified the release of 130 children, including 17 released after the signature of the action plan, and 74 cases of children who had run away from TMVP to their families but had not been officially released. There has been a decrease in reported child recruitment in the reporting period as compared to the two previous reporting periods (2005-2007), which can be attributed to the end of active hostilities in the areas of operation of TMVP and the signing of the TMVP action plan.7 However, the number of children reported as recruited is higher than those verified as released. As of January 2009, there is an outstanding number of 41 children reported as recruited who have not been released and 80 persons recruited as children who are now 18 years of age or older,8 in the Country Task Force database administered by UNICEF. In terms of the geographical spread of child recruitment or re-recruitment by TMVP, 77 per cent of the children (116 children) have been recruited or re-recruited from Batticoloa district followed by significantly fewer reports from Trincomalee (19 children), Ampara (10 children) and Polonaruwa (5 children) districts. Similarly, 96 children were released from Batticoloa, followed by 19 from Trincomalee, 8 from Polonaruwa and 7 from Ampara. Age analysis data (see graph below) indicates that 28.9 per cent (31 children) are recruited at the age of 16, 24.2 per cent (26 children) are recruited at the age of 15 and 26.1 per cent (28 children) are recruited at the age of 17 years. The average age of recruitment of children by TMVP is 15.90 years. Families that have reported these cases to the Country Task Force have mentioned that while the TMVP does attempt to “reject” some very young children, it reportedly will recruit such children if the children continue approaching TMVP camps or offices. Cases of recruitment reported include the following. On 12 October 2008, a 16-year-old boy was approached in the street and promised a monthly salary of 22,000 rupees (approximately 200 United States dollars) if he joined TMVP, which he did. The same day of his recruitment, the boy tried to escape but was caught by TMVP cadres and beaten. The boy was released on 19 November 2008. In the following days, he received a visit by unknown men, who asked that he report to the TMVP office. The boy is currently in hiding for fear of re-recruitment. Cases documented since 2006 indicate that TMVP has a tradition of recruiting boys almost exclusively. During the reporting period, there were no girls recruited by TMVP. In the Country Task Force database administered by UNICEF, there is only one case of recruitment of a girl, in November 2006. During the reporting period, several incidents of abduction reported to and verified by the Country Task Force were documented. At least 25 children were abducted by armed groups for purposes of recruitment, 5 by LTTE and 20 by TMVP. Abduction/recruitment by other factional groups from internally displaced person camps was also reported, though it is yet to be fully confirmed. However, as indicated above, the access of monitors and their ability to receive and verify allegations in LTTE areas are extremely limited. In addition, other incidents of abduction include the following. On 21 January 2008, a 16-year-old boy was abducted from his house by persons allegedly in Sri Lankan Army (SLA) uniform in Vavuniya. The next day, the mother of the child went to a nearby SLA camp and inquired as to whether SLA had taken her child. SLA denied it, saying it was not aware of the incident. His whereabouts remain unknown. On 3 April 2008, a 17-year-old boy was also allegedly abducted from his house at night by persons in army uniform. The mother of the child went to a nearby SLA camp to inquire, but SLA denied it had taken the child. The child remains missing. Both cases were reported to the police and the Human Rights Commission. No additional information on any follow-up by the authorities is available. (paragraphs 11 to 22) ___________________________________________________________________ The institutionalisation of children with disabilities UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee ... expresses concern that: [T]he Committee urges the State party to: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is concerned that families of disabled persons receive limited support from the State party and therefore continue to resort to institutionalising their children with disabilities, often for long periods. The Committee also expresses concern that a large proportion of children with disabilities - mostly girls - remained deprived of any type of educational opportunities. The Committee calls upon the State party to gather accurate disaggregated statistical data on children with disabilities and ensure that all these children, particularly girls, had access to education. The Committee encourages the State party to ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol (paragraph 14). ___________________________________________________________________ The impact of labour migration on families UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee reiterates its deep concern about the physical, psychological and social impact that massive women labour migrations have on the rights and wellbeing of children as most of the over one million women migrants leave behind children, half of whom are under 6 years old. The Committee is also concerned that insufficient efforts have been made to create alternative working opportunities for women who have often no choice but to migrate to support their families and to address problems faced by children whose mothers are working abroad. While it welcomes the efforts to formulate a comprehensive policy to support the families and caregivers of children of migrant workers and the plans to collect details about children of migrant mothers at the international airport, the Committee remains concerned over the inconsistent implementation of protective safety net programmes and the insufficient coordination amongst child-care authorities to monitor the wellbeing of children of migrant mothers. The Committee urges the State party to strengthen efforts to provide disadvantaged families and families at risk with necessary support, inter alia, by increasing budget allocations for financial and other assistance, including counselling and empowerment of these families and development of work opportunities for women in the State party (paragraphs 44 and 45). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is concerned that the State party had not studied the impact of massive labour migration of Sri Lankan women on their families. The Committee encourages the State party to take all necessary measures to ensure that families, and especially the children of migrant workers, are able to fully enjoy all their rights (paragraph 21). UN Committee on Migrant Workers Last reported: 12 and 13 October 2009 Concluding Observations adopted: 15 October 2009 The Committee regrets that no information has been provided by the State party on the impact of migration on children in Sri Lanka, and encourages the State party to analyse, and to carry out new studies if necessary, on the impact of migration on children, with the aim of ensuring that such children enjoy their full rights and are protected (paragraphs 49 and 50). ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee, while welcoming the adoption in 2005 of the Prevention of Domestic Violence Act No.34, remains seriously concerned about widespread and growing child abuse and neglect in the State party, including child sexual abuse in the home and community. In addition, the Committee expresses concern that: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee expresses deep concern about the high incidence of domestic violence against women and children, and that the provisions of the Prevention of Domestic Violence Act No. 3 of 2005 remains insufficiently known, notably by the police. The Committee also notes with concern the absence of temporary shelters for children victims of domestic violence. The Committee urges the State party to take active measures to combat domestic violence and to enforce the Act, including through recruitment of additional female police officers. The Committee also encourages the State party to ensure victims of domestic violence could find safe lodging in crisis centres and shelters throughout the country (paragraph 24). ___________________________________________________________________ Adults and children in prisons are not separated UN Committee on the Rights of the Child - The separation between children and adults is not always guaranteed in relation to transport to and from court (Concluding Observations, October 2010) The Committee ... expresses its serious concern that: [T]he Committee recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is concerned that children are not regularly separated from adults in prisons. The Committee recommends that the State party remove children from adult detention facilities (paragraph 32). UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Mr Manfred Nowak Country visit: 1-8 October 2007 Report published: 26 February 2008 In the country's capital, Colombo, Mr. Nowak met eight children (four girls and four boys) who were being held on account of being child soldiers for the Liberation Tigers of Tamil Eelam (LTTE). He strongly condemns the recruitment of children in the conflict, be it for fighting or other forms of servicing the armed groups. He also deems prolonged detention of minors in counter- terrorism detention facilities deeply worrying. Mr Nowak recommends ensuring the "separation of juvenile and adult detainees, and ensuring limiting the deprivation of liberty of children to an absolute minimum as required by article 37 (b) of the Convention on the Rights of the Child" (paragraph 94). ___________________________________________________________________ Malnutrition affects nearly one-third of children UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee is also concerned that high levels of malnutrition and poverty undermine the right to survival and development of many children in the State party, especially in the conflict affected and disadvantaged areas. The Committee strongly urges the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee expresses concern that malnutrition is affecting nearly one-third of children and that the nutrition status of children who are internally displaced persons remains an issue of serious concern. The Committee urges the State party to adopt necessary measures to protect the right to adequate food (paragraph 33). ___________________________________________________________________ Hazardous and abusive conditions of child labour UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee expresses concern that considerable numbers of children are economically active, a quarter of them are not attending school or any other educational institutions. The Committee also expresses concern that most of the working children reside in rural areas and 60% of them work as agricultural workers. The Committee is also concerned at the absence of legislation implementing the prohibition of the 49 occupations considered to be hazardous by the State party. It further reiterates its concern as to the situation of children used as domestic servants who remain unprotected in spite of their high vulnerability to abuse and violence. The Committee also urges the State party to take more active measures to prevent children from being economically exploited, and notably to establish a strong component of the labour inspectorate responsible for monitoring child labour cases. The Committee also calls upon the State party to adopt and implement legislation prohibiting the employment of children in hazardous work. The Committee further urges the State party to ensure that those who economically exploit children and abuse domestic workers are duly brought to justice (paragraphs 65 and 66). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is deeply concerned that no effective measures had been taken by the State party to enforce child labour laws, despite previous recommendations by the Committee. The Committee urges the State party to adopt effective measures to combat child labour (paragraph 26). International Labour Organisation 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. ___________________________________________________________________ High rate of school dropout, mainly because of the low quality of education UN Committee on the Rights of the Child (Concluding Observations, October 2010) [T]he Committee is concerned that: The Committee recommends that the State party, taking into account its general comments No. 1 (CRC/CG/2001/1) on the aims of education: UN Committee on Economic, Social and Cultural Rights Although the Committee commends the achievements of the State party in primary school enrolment and gender parity, it notes with concern that public investment in education was at a relatively low level, in spite of the many different needs within the education system, including in conflict-affected areas. The Committee is also concerned about the high school dropout (one in five children) before completion of the compulsory nine-year cycle, mainly due to the low quality of education and school fees despite the constitutional guarantee of free education. The Committee recommends that the State party significantly increase its funding of the public education system and ensure the effective abolition of school fees. The Committee calls upon the State party to take active measures to reintegrate children in conflict-affected areas into education through rehabilitation of school facilities (paragraph 36). ___________________________________________________________________ Discrimination against the Veddha (forest dwelling) community UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee expresses concern at the persistent discrimination against children belonging to the Veddha, Muslim and Tamil communities, among whom those living in tea plantations are in a particularly disadvantaged situation. The Committee urges the State party to closely monitor the situation of children, in particular those belonging to the above-mentioned disadvantaged groups, who are exposed to discrimination. The State party should develop, on the basis of results of this monitoring, a comprehensive strategy containing specific and well-targeted actions, including affirmative social actions, aimed at eliminating all forms of discrimination against them. The Committee further calls upon the State party to investigate caste-based discrimination and to mobilise communities and government employees against such discrimination through awareness-raising programmes (paragraphs 28 and 29). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2010 Concluding Observations adopted: 19 November 2010 The Committee is concerned about the ostracism of Veddah children in the school system, and more generally, the stigmatism of Veddahs in the State party. The Committee recommends that the State party consider ratifying ILO Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries (paragraph 11). ___________________________________________________________________ Discrimination against children of overseas workers UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee is concerned that discrimination also persists against girls, rural children, refugee and internally displaced children, children of overseas workers, children in institutional care and children with disabilities. The Committee expresses further concern about caste discrimination which affects 20 to 30% of the Sri Lankan population and contributes to their poor living conditions, rejection and marginalisation. The Committee urges the State party to closely monitor the situation of children, in particular those belonging to the above-mentioned disadvantaged groups, who are exposed to discrimination. The State party should develop, on the basis of results of this monitoring, a comprehensive strategy containing specific and well-targeted actions, including affirmative social actions, aimed at eliminating all forms of discrimination against them. The Committee further calls upon the State party to investigate caste-based discrimination and to mobilise communities and government employees against such discrimination through awareness-raising programmes (paragraphs 28 and 29). UN Committee on Migrant Workers The Committee recommends that the State party should take necessary steps to ensure all migrant workers and members of their families enjoy the rights provided for in the Convention without any discrimination (paragraph 26). ___________________________________________________________________
CEACR: Direct Request concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Sri Lanka (Ratification 2001)
Published 2012
CEACR: Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Sri Lanka (Ratified: 2001)
Published: 2012
rights crimes such as the recruitment of child soldiers, in accordance with international norms and in a transparent manner (Sweden); (accepted)
children in armed conflicts by all factions (Italy); (accepted)
conflict, such as conscriptions and abductions of children anywhere and to adopt vigorous measures
to prevent such violations; (accepted)
governmental forces asking for special protection or who are currently held in prisons (Luxembourg); (accepted)
recruitment and use of child soldiers." (United States) (no clear position)
CEACR: Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Sri Lanka (Ratified: 2001)
Published: 2012