Observación (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes the Government's report received on 30 March 1994.

Child exploitation

1. In previous comments the Committee referred to allegations of child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps (Wadiyas). The Committee noted that article 27, paragraph 13, of the Constitution provides that the State shall promote with special care the interests of children and youth so as to ensure their full physical, mental, moral, religious and social development, to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children. The Committee noted, however, that it was alleged that protective laws were not adequately respected and enforced and that a reason for the abuse of child labour was the lack of deterrent punishment. The Committee noted the Government's information in its report for the period ending 30 June 1993 and the survey on child employment in the passenger transport annexed to the report. The survey, as it indicates in page 2, was conducted upon receiving allegations made by the press and others to the effect that working children are exploited by private bus owners. The Committee notes that the survey found several instances of exploitative working conditions of child workers. The Committee notes the Government's indication in its report that authorities in charge of child labour have felt a need for introducing new laws with regard to child labour and child abuse. It further notes the Government's indication that action is now being taken to introduce new laws and to amend the prevailing laws, to impose severe penalties for the violation of the laws with regard to child labour, child abuse and other matters which come under the purview of the monitoring committee set up by the Children's Charter. The Government further indicates that the Adoption of Children's Ordinance, 1941, could be amended with a view to avoiding child exploitation under the guise of foster care, such as requiring also relatives to register for custody of children under 14 years of age or extending legal responsibilities of a registered guardian to cover also the duty of physical care, protection from violence and education.

The Committee hopes that the Government will supply further information on the progress achieved in its efforts to improve the legislative support to combat child exploitation, as well as to ensure that exaction of forced labour is punished as a penal offence and that the penalties imposed by law are really adequate and strictly enforced.

2. The Committee notes the Government's indication in its report that the Department of Labour and the Department of Probation and Child-Care Services are the existing machineries for supervision of laws regarding children. Labour offices of the Department of Labour carry out their inspection under the provisions of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, and action is being taken to empower the probation officers of the Department of Probation and Child-Care Services to carry out inspections under the same Act. In view of the comments made by the Jathika Sevaka Sangamaya (National Employees' Union), noted by the Committee in its last observation, to the effect that the non-application of the Convention is mainly due to the shortage of labour inspectors, the Committee hopes that measures will soon be taken to strengthen the labour inspectorate to cover the exploitation of labour, particularly child exploitation.

3. The Committee notes the Government's indication in its report that a large-scale campaign was launched to combat child labour on 5 November 1992 and, as a result, the Department of Probation and Child-Care Services received 1,290 complaints under which 50 persons were investigated and others are under investigation. The Committee hopes that the Government will supply information on the outcome of the continuation of this campaign and particulars of the persons investigated, the penalties imposed and the number of children rescued and rehabilitated.

4. The Committee in its previous observation referred to a series of sources, such as the report on child labour in Sri Lanka, published by the ILO in 1993, and the report on the Asian Regional Seminar on Children in Bondage, 23-26 November 1993. It noted various allegations made with respect to bonded child labour and exploitation of child domestic servants. As domestic workers are usually not covered by labour inspection, the Committee hopes that the Government will supply information more particularly on measures taken to protect domestic workers from forced labour and to combat child servitude.

Emergency regulations

5. In previous comments the Committee noted that the state of emergency proclaimed on 20 June 1989 under Part II of the Public Security Ordinance (Cap. 40), 1947, had been renewed monthly since that date and remained in force. The Committee noted that under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, also still in force, the President might order to require any person to do work or render any service in aid, or in connection with, the national security or the maintenance of essential services. Contravention or failure to comply with the requisition order is an offence and punishable, in addition to any other penalty imposed by the court, by forfeiture of all property. The list of essential services contained in the schedule to Regulations No. 1 of 1989, such as modified subsequently, comprises, inter alia, services, work or labour necessary or to be done in connection with the export of commodities, garments and other export products.

The Committee notes with interest that the Emergency (Maintenance of Exports) Regulations, No. 1 of 1992, which had punished persons intimidating or disrupting manufactures or processes for export was repealed by the Regulation made by the President under section 5 of the Public Security Ordinance (Cap. 40) on 29 September 1992 published in Gazette Extraordinary No. 734/8.

However, in light of the continuation of the validity of the Public Security Ordinance as a whole and recalling early comments made by the Ceylon Workers' Congress, alleging large powers given under the Ordinance to officials to require any person to do any work or render any personal services under the menace of penalties, the Committee wishes, once again, to recall that recourse to compulsory labour under emergency powers is to be limited to circumstances which endanger the existence or well being of the whole or part of the population. It should be clear from the legislation itself that the power to exact labour is limited to what is strictly required to cope with such circumstances. The Committee again requests the Government to provide information on measures taken or envisaged to this effect.

6. In previous comments the Committee referred to the Compulsory Public Service Act No. 70 of 1961 imposing on graduates an obligation to perform compulsory public service for up to five years under penalty of a fine for every day's failure to discharge this duty (sections 3(1), 4(1)(c) and 4(5)). The Government, in its latest report, refers to its previous reports in which it had indicated that the Act was not implemented in respect of medical officers and that no enforcement of the provisions of the Act had come to the Government's notice. The Committee noted the Government's indication that there were no reported instances of prosecutions against any graduates under this law. The Committee again expresses the hope that the Government will indicate measures contemplated or adopted to amend or repeal the Compulsory Public Service Act.