Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information supplied in the Government’s report. It also takes note of the communication dated 10 August 2005 from the World Confederation of Labour (WCL) and the Government’s reply thereto. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee had previously noted the information from the International Confederation of Free Trade Unions (ICFTU) that Sri Lanka is both a country of origin and destination of trafficked persons, mainly women and children, for the purposes of forced labour and sexual exploitation. It had also noted that subsections (2) and (4) of section 360A of the Penal Code, as amended by Act No. 22 of 1995 and Act No. 29 of 1998, provide that the trafficking of children for the purpose of sexual exploitation constitutes an offence. However, it had observed that the abovementioned provisions only apply to children below 16 years of age and had asked the Government to indicate the measures taken to prohibit the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information that, according to the National Plan of Action for Children of Sri Lanka 2004-08 (NPA 2004-08), the Ministry of Justice and Judicial Reform has taken steps to amend the Penal Code to criminalize the worst forms of child labour as set out in Convention No. 182, in order to reduce the incidences of the worst forms of child labour by facilitating prosecutions.

The Committee notes with satisfaction that, by virtue of the Penal Code (Amendment) Act, No. 16 of 2006, new section 360C(1)(c) states that whoever recruits, transports, transfers, harbours or receives a “child”, or does any other act, whether with or without the consent of such child, for the purpose of securing forced or compulsory labour or services, slavery, servitude, or the removal of organs, prostitution or other forms of sexual exploitation, or any other act with constitutes an offence under any law, shall be guilty of the offence of trafficking. The offender shall be punished with imprisonment of either description for a term not less than three years and not exceeding 20 years, and may also be punished with a fine. Section 360C(3) states that in this section, “child” means a person under 18 years of age.

2. Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted the ICFTU’s indication that Sri Lanka has been the scene of an armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE) since 1983 and that, according to the Amnesty International Report of 2003, the LTTE had recruited hundreds of persons under 18 years of age, some as young as 10 years old. It had also noted the Lanka Jathika Estate Workers’ Union’s (LJEWU) statement that there is no specific law which prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict and the Government should introduce such a prohibition as well as take immediate measure to stop such recruitment and deal with the offenders. The Committee had further noted that, according to the Government’s report of 2002 to the Committee on the Rights of the Child (CRC/C/70/Add.17, paragraph 170), Sri Lankan authorities estimate that at least 60 per cent of LTTE fighters are below the age of 18 years. The Committee had noted the Government’s information that no specific legal provisions exist which prohibit the use of children under 18 years of age in the armed conflict. It had also noted the Government’s information that prevailing provisions are not strong enough to stop the recruitment and use of children in armed conflict by the LTTE, as it is continuing to recruit children for use in armed conflict. This conscription drive has removed most of the children against their will from schools, or from welfare centres and makeshift camps in the aftermath of the Tsunami disaster.

The Committee notes with satisfaction that, by virtue of Penal Code (Amendment) Act, No. 16 of 2006, section 358A has been inserted in the Penal Code. It notes that section 358A(d) states that any person, who engages or recruits a “child” for use in armed conflict, shall be guilty of an offence and be liable to imprisonment of either description for a term not exceeding 30 years and to a fine. Section 358A(3) states that in this section “child” means a person under 18 years of age. The Committee welcomes the adoption of new penal legislation prohibiting the forced or compulsory recruitment of children under 18 years for use in armed conflict. However, it notes with concern that, according to the information from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 27 June 2006 (OSRG/PR060623), the LTTE militant group continues to recruit and use child soldiers. It is reported that the Karuna faction has abducted and recruited children under 18 years. Besides recruitment of child soldiers, there are also allegations of other grave violations against children by all parties to the conflict. The Committee observes that, although the forced or compulsory recruitment of children under 18 years for use in armed conflict is prohibited by law, it remains a serious issue of concern in practice. The Committee urges the Government to take the necessary measures to implement the new penal legislation and to ensure that the offenders are prosecuted, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (b). Using, procuring or offering a child for prostitution. The Committee had previously noted the ICFTU’s indication that child prostitution is prevalent in Sri Lanka and that, according to PEACE (an NGO), at least 5,000 children in the age bracket of 8 to 15 are exploited as sex workers, particularly in certain coastal resort areas. The Committee notes the WCL’s statement in its recent communication that there is the problem of children used for male prostitution, especially in areas where tourism flourishes. It had further noted that sections 360A, 360B and 288A of the Penal Code, as amended respectively by Penal Code (Amendment) Act No. 22 of 1995, and Penal Code (Amendment) Act. No. 29 of 1998, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 for prostitution. The Committee had also noted that, in its Concluding Observations of July 2003 (CRC/C/70/Add.17; paragraph 240), the Committee on the Rights of the Child expressed its concern that the existing legislation was not effectively enforced.

The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of minors under 18 is prohibited by law, it remains an issue of concern in practice. The Committee urges the Government to take immediate and effective measures to enforce the legislation. It asks the Government to provide information on progress made in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee had previously noted that Sri Lanka is one of the three countries included in the ILO/IPEC TICSA programme, launched in June 2000 for a period of two years. It had noted that the National Plan of Action against Child Trafficking developed under TICSA – to be implemented within ten years – covers four areas of intervention, namely: legal reform and law enforcement; institutional strengthening and research; prevention; and rescue, rehabilitation and reintegration. The Committee notes that, in 2002, Sri Lanka renewed the Memorandum of Understanding with ILO/IPEC to cover a further five years of collaboration, ending December 2006. In this framework, TICSA is moving into Phase II (TICSA II) with the main objective of preventing 2,000 girls and boys from being trafficked into exploitative forms of employment. The Committee notes that, according to the “Report to the National Steering Committee”, as of May 2005, a number of programmes were implemented under TICSA II aimed at preventing the trafficking of children for labour and sexual exploitation and rehabilitating and reintegrating child victims of trafficking. The Committee requests the Government to provide information on the impact of TICSA II and the National Plan of Action against Child Trafficking on combating the trafficking of children for labour and sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Child trafficking. The Committee notes that under TICSA, a “Project for Strengthening the National Capacity to Combat Trafficking in Children for Exploitative Employment” was launched, which resulted in the establishment of an Anti-trafficking Unit and operationalization of a professional surveillance system against offenders of child trafficking. It also notes that, according to the “Report to the National Steering Committee”, under TICSA II the following projects were implemented aimed at preventing child trafficking: (a) “Project for strengthening the national capacity to combat trafficking in children for exploitative employment”, including training, awareness-raising campaigns and review of the National Plan of Action; (b) “Prevention of child trafficking for labour exploitation in the north central province of Sri Lanka” (Don Bosco Vocational Training Institute), providing for remedial education and vocational training; (c) “Strengthening plantation communities to prevent trafficking of children for labour and sexual exploitation and facilitate rehabilitation”, providing for educational programmes, vocational training, psychosocial care, support and legal aid to child victims of trafficking; and (d) “Prevention of trafficking in the Mannar District (Don Bosco Institute)”, providing for remedial education and vocational training in the Mannar District (conflict zone). The Committee requests the Government to continue providing information on the concrete measures taken under TICSA II and the National Plan of Action to prevent children under 18 years of age from being engaged in trafficking, and the results attained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee notes that, according to the “Report to the National Steering Committee”, a number of programmes have been implemented under TICSA II, aimed at rehabilitating and reintegrating former victims of child trafficking. The Committee also notes that a number of measures to this end are provided for in the National Plan of Action against Child Trafficking, which include awareness-raising campaigns; training of personnel; establishment of “half-way homes” and “drop-in centres” for child survivors; and elimination of the re-victimization of rescued children. The Committee requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated under the abovementioned programmes.

Clause (d). Identify and reach out to children at special risk. 1. Children who have been affected by armed conflict. The Committee notes the Government’s information that UNICEF is undertaking several rehabilitation programmes for rescued child combatants. In this regard, it notes that, according to the 2004 UNICEF data, in June 2003, the Government of Sri Lanka and the LTTE jointly signed the Action Plan for Children Affected by War. The Action Plan was especially designed to increase opportunities for children’s access to education, quality health care and skills training. Under the UNICEF’s initiative, over 32,000 children, including former child recruits, have enrolled in schools in the north-east. The Committee notes that, under the National Plan of Action for the Children of Sri Lanka 2004-08 (NPA 2004-08), a campaign against the recruitment of child soldiers is projected to be carried out by the Ministry of Education and NGOs. It also notes that the following programmes have been adopted between 2004 and 2005 with the assistance of ILO/IPEC in order to address the problems of children involved in armed conflict, namely: (a) “Providing vocational training options to prevent children affected by war from entering the worst forms of child labour and to rehabilitate released underage ex-combatants”; (b) “Providing vocational training options to prevent children affected by war from entering the worst forms of child labour in Moolai, Chulipuram and Jaffna”; (c) “Community-based training for livelihood activities and micro-enterprise development in the Batticaloa and Trincomalee districts”; and (d) “Service contract with Apeksha for a study on children in armed conflict”. The Committee requests the Government to continue providing information on the impact of the measures aimed at rehabilitating and reintegrating former child combatants and to indicate approximately how many former child combatants have been rehabilitated through such measures.

2. Child domestic workers. The Committee had previously asked the Government to provide information on measures taken to protect child domestic workers under 18 years from hazardous labour and which provide for their rehabilitation and social integration. The Committee notes the Government’s information that domestic work has been included in the draft list of hazardous types of work and may be undertaken by children between 14 and 18 years of age only under certain conditions. It notes the Government’s information that the National Plan of Action (NPA) formulated in collaboration with ILO/IPEC provides for preventive measures addressing child domestic workers, including educational measures, skills developing projects, and awareness-raising campaigns conducted in plantations. The NPA also targets the improvement of the working conditions of domestic servants. Finally, it provides for strengthening the capacity of institutions and human resources in the implementation process. The Committee notes that a number of programmes have been adopted in 2002-03 in collaboration with ILO/IPEC aimed at preventing child domestic labour, especially in plantation communities and war affected villages. It also notes that, according to the document “A study of youth domestic workers (14-18 years) in Sri Lanka: Proposals for legal amendments and a code of conduct”, which is the result of the National Child Protection Authority’s study conducted in collaboration with ILO/IPEC, an amendment to the Employment of Young Persons Regulation is proposed which concerns new provisions on young persons employed as domestic servants (including hours of work and the process of registration with the Commissioner of Labour), as well as a code of conduct for employers of young persons. The Committee requests the Government to continue providing information on measures taken to protect child domestic workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee is also addressing a direct request to the Government concerning other points.