Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its report, the Government indicates that following the ratification of the Convention, it initiated several countrywide awareness programmes as an initial stage for eliminating child labour and child abuse. The awareness programmes were carried out by the Department of Labour, other governmental and non-governmental organizations, trade unions and employer’s organizations using various methods such as seminars for media personnel, televised drama, newspaper and advertisements, and radio and television discussions. Under the ILO/IPEC programme, a series of training programmes were organized for various government officers, trade union officers, and NGOs in order to strengthen mechanisms to combat child labour and child abuse. Moreover, under the capacity-building project, the Women and Children’s Affairs Division of the Department of Labour held a series of training programmes to train labour officers, police officers and probation officers basically to facilitate the activities on eliminating child labour and child abuse. Noting the above information, the Committee requests the Government to continue to provide information on measures taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee observes that there appears to be no legislation in Sri Lanka that specifically addresses slavery such as debt bondage, serfdom and forced or compulsory labour. It notes the information provided by the Government in its report that action is being taken by the Ministry of Justice to criminalize the use of children in forced labour. The Committee hopes that the Government will take the necessary measures as soon as possible to ensure the prohibition of all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour for children less than 18 years, in conformity with Article 3(a) of the Convention. It requests the Government to provide information on progress made in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that according to section 286A(1) of the Penal Code, any person who:(a) hires, employs, assists, persuades, uses, induces or coerces any child to appear or perform in any obscene or indecent exhibition or show or to pose or model for, or to appear in any obscene or indecent photograph or film or who sells or distributes, or otherwise publishes, or has in his possession any such photograph or film; or (b) being the parent, guardian or person having the custody of a child, causes or allows such a child to be employed, or to participate in any obscene or indecent exhibition or show or to pose a model for, to appear in, such photograph or film as is referred to in paragraph (a); (c)(i) takes or assists in taking of any indecent photograph of a child; (ii) distributes or shows any such photograph or any publication containing such photograph; (iii) has in his possession for distribution or showing any such photograph or publication; (iv) publishes or causes to be published, any such photograph or publishes or causes to be published any advertisement capable of conveying the message that the advertiser or person named in the advertisement distributes or shows any such photograph or publication or intends to do so; commits the offence of obscene publication and exhibition relating to children and shall, on conviction, be punished with imprisonment for a term not less than two years and not exceeding ten years and may also be punished with a fine.

Clause (c). Illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Government indicates that Act No. 29 of 1998 had amended the Penal Code to prohibit the use, procuring or offering of a child for trafficking of anyrestricted articles. Consequently, section 288B(1) of the Penal Code states that whoever knowingly hires, employs, persuades, uses, induces or coerces a child, to traffic in any restricted article shall, on conviction, be punished with imprisonment for a term of not less than five years and not exceeding seven years and may also be liable to a fine. Under the terms of section 288B(2), the expression "restricted article" has the meaning assigned to it by the Poisons, Opium and Dangerous Drugs Ordinance, and the term "traffic" includes selling, giving, procuring, storing, administering, transporting, sending, delivering or distributing. The Committee asks the Government to provide a copy of the Poisons, Opium and Dangerous Drugs Ordinance as amended in 1984.

2. Causing or procuring children to be used for begging. The Committee notes that section 288 of the Penal Code (Amendment) Act No. 29 of 1998 punishes any person who causes or procures a child to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms.

Article 3(d) and Article 4, paragraph 1. Hazardous work. In its report, the Government indicates that Act No. 8 of 2003 has amended section 19 of the EWYPC Act No. 47 of 1956. This section prohibits young persons under the age of 18 years from taking part in any public performance in which their lives or limbs are endangered. The Government also indicates that section 20 of the EWYPC Act prohibits any training of a dangerous nature by a person who has attained the age of 14 years but is under the age of 18 years, except under and in accordance with the terms of a licence granted and in force under this section. The Committee considers that the EWYPC Act No. 47 of 1956 does not contain a general prohibition on the employment of children below 18 years in hazardous work.

The Committee nevertheless notes the Government’s indication that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) has been set up under the Chairmanship of the Secretary, Ministry of Employment and Labour. The NSC appointed a subcommittee comprised of representatives from Ministries of Labour, Justice, Health and Education and the Departments of Labour and Health, the ILO/IPEC Office, the National Child Protection Authority, and other professionals and NGOs on 22 November 2001 to determine the types of child labour likely to harm the health, safety or morals of children. The technical committee, along with the tripartite constituents, has identified 25 types of work or occupations likely to harm the health, safety or morals of children. According to the Government, the subcommittee and NSC consist of representatives of the Government, the employers and the workers, and they have been consulted as required in Article 4, paragraph 1, of the Convention. Moreover, the Government indicates that the report will be discussed with representatives of the organizations of workers and employers concerned at national tripartite forums such as the National Labour Advisory Council, workshops and seminars, and that, after having due tripartite consultations, the Minister of Employment and Labour may introduce new regulations under paragraphs (b) and (c) of subsection (1) of section 14 of the EWYPC Act No. 47 of 1956. Noting the above information with interest, the Committee asks the Government to provide further information on its efforts to bring this comprehensive list of hazardous work in force through national legislation and to provide a copy thereof, as soon as it is adopted.

Paragraph 2. Identification of hazardous work. The Committee observes that the Government has not provided any information in this regard. It requests it to provide information on necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work determined exist and to communicate the results, in conformity with Article 4, paragraph 2, of the Convention.

Article 5. Monitoring mechanisms. According to the Government, the National Child Protection Authority (NCPA) and the NSC are the national level inter-agency mechanisms to address special issues affecting the rights of children in Sri Lanka. The establishment is foreseen of district level coordinating committees for their effective implementation. After receiving a complaint on child labour, the committees have the power to inquire into the complaints, and if necessary to institute legal action. These committees meet at least once a month and review the progress of action taken against the complaints on child labour and report it to the Women and Children’s Affairs Division of the Department of Labour. Article 41 of the Children’s Charter provides for the establishment of a National Monitoring Committee (NMC) for the purpose of, amongst others, promoting legislative reforms and to monitor the progress of the implementation of the provisions of the Charter. Moreover, the Department of Police has established special units in police stations. Police officers are specially trained under the ILO/IPEC programme. These officers are in charge of the children’s desk in the police stations and they take action when complaints on child labour are received. Noting the information provided by the Government, the Committee asks the Government to provide further information on the work of the NMC, NCPA and NSC, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Government indicates that the Department of National Planning of Sri Lanka, in collaboration with UNICEF, is in the process of preparing a National Plan of Action for children for the period 2004 to ensure public policy and action support for children’s rights aimed at achieving the goals and ideals of UNICEF’s Plan of Action entitled "A world fit for children" The National Plan of Action consists of six sectors. The Committee notes with interest that the Sectoral Committee on Child Labour has identified goals to be achieved by the year 2008, which are: (1) reduction in child labour by 50 per cent by the year 2008; and (2) elimination of the worst forms of child labour by 75 per cent by the year 2008. Secondly, the Committee notes that the NSC has appointed a committee in May 2002 to formulate a National Plan of Action on Child Labour for the period of 2002. A concept paper was prepared to facilitate the discussions on preparing a National Strategic Plan of Action. The situation analysis on the worst forms of child labour was submitted at the national consultation. Sub regional workshops are being held to get more inputs for the action programme. According to the Government, the National Plan of Action will be formulated and the draft proposal will be prepared within the second half of the year 2003. The Committee asks the Government to provide a copy of the abovementioned Plans of Action and to continue to provide information on the results achieved through their implementation.

Article 7, paragraph 1. Penalties. As indicated under Article 3 of the Convention, the Penal Code was amended by the Penal Code (Amendment) Act No. 22 of 1995 and the Penal Code (Amendment) Act No. 29 of 1998 to provide for penalties of imprisonment for violations of the prohibitions on various forms of child abuse such as the use of children in prostitution and pornographic performances (sections 286A, 288A, 360A and 360B), the sale and trafficking of children (section 360C), and the use of children for drug trafficking (section 288B). However, considering that the use of children under 18 years in all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour, is not specifically prohibited by national legislation, the Committee asks the Government to indicate which provisions imposing a penalty apply in case of violations of these worst forms of child labour.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, paragraph 2(a) and (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and to take into account the special situation of girls.

Clause (c). Access to free basic education. The Committee notes that in its second periodic report under the Convention on the Rights of the Child (CRC/C/70/Add.17) in November 2002, the Government indicated that compulsory education at the primary level and free education from kindergarten to university is the norm in Sri Lanka. The Government introduced a Compulsory Schooling Regulation in 1997. Accordingly, every parent is required to send his/her child to a school if the child is not less than 5 years and not more than 14 years. Two committees were appointed in each local administrative unit to ensure the implementation of compulsory school attendance regulation. The Committee also notes that according to the Rapid Assessment study on the commercial exploitation of childrenin Sri Lanka, 90 per cent of the country’s children (about 27 per cent of the total population) attend primary school, without gender inequity in terms of enrolment. The UNDP in its 1998 "National Human Development Report," has stated that, despite the hardships experienced due to the civil war, schooling has continued and the quality of education in the war affected areas has remained roughly comparable with the rest of the country.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. In its report, the Government indicates that the Department of Labour is the state agency responsible for the implementation and enforcement of the legislation concerning child labour. The Women and Children’s Affairs Division (WCAD) is also responsible for supervising the application of the legal provisions on child labour. In Sri Lanka, most of the activities regarding inspection and enforcement are done with the support of the Department of Police and the Department of Probation and Child Care Services Department (PCCSD). Since 1995, the probation officers of the PCCSD have been empowered to enforce the Employment of Women, Young Person and Children Act, and about 110 probation and child officers were appointed as authorized officers in 1996. The Committee notes that according to section 25(2) of the Employment of Women, Young Person and Children Act, an authorised officer may enter any place in which any women, young person or child is believed to be employed, or as the case may be, in which he or she is, or is believed to be taking part in an entertainment or performance, or being trained, and may make inquiries therein with respect to him or her. It asks the Government to provide further details concerning the cases detected by inspectors of the WCAD concerning children engaged in the worst forms of child labour, and on measures taken in such cases, such as the number of prosecutions conducted and sanctions applied.

Parts IV and V of the report form. In 1999, the Department of Census and Statistics conducted the Child Activity Survey (CAS) on the economic activities carried out by children. The CAS estimates that out of the 4,344,770 children in the age group of 5-17 years living in Sri Lanka at the time of the survey, about 926,038 (21 per cent) are engaged in some form of economic activity. In its report, the Government indicates that the Department of Labour has intensified prosecutions relating to child labour. According to annual statistics on the number of prosecutions, there is a clear indication of the intensified enforcement activities by the Department of Labour. The number of inspections passed from 85 in 1997 to 144 in 2002, and the number of prosecutions passed from two in 1997 to 42 in 2001, and to 22 for 2003 (up to 31 July). While noting the information and documents sent by the Government, the Committee observes the majority of the statistics and data do not relate specifically to the worst forms of child labour. It accordingly asks the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, the information provided should be disaggregated by sex.