Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Article 3 of the Convention. 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 had previously observed that there appeared to be no legislation in Sri Lanka that specifically addressed practices such as bondage, serfdom and forced or compulsory labour. It had noted the Government’s indication that action was being taken by the Ministry of Justice to criminalize the use of children in forced labour and had hoped that the Government would take the necessary measures to ensure the prohibition of this worst form of child labour. The Committee notes the Government’s information that no slavery or bonded labour exists in Sri Lanka at the moment. The Committee recalls that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour, are prohibited for children under 18 years of age.

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee notes the Government’s information that the Technical Committee of Tripartite Constituents appointed by the National Steering Committee of ILO/IPEC has identified the categories of work that may be determined as hazardous. Amongst these, there are 50 types of work or occupations which are likely to harm the health, safety or morals of children, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; melting of metal and manufacture of glass. It also notes the Government’s information that this list was forwarded to the National Advisory Council for consultation. The Committee notes that, according to the Government, the EWYPC should be amended in order to include the regulations establishing the types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment presented a Cabinet Memorandum and approval of the Cabinet of the Ministers was received for the amendment. It notes the Government’s information that the new regulations are being drafted with the assistance of the legal draftsman. The Committee requests the Government to keep it informed on the adoption of the list of types of hazardous work prohibited for children under 18 years of age and to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that, the National Child Protection Authority (NCPA), the National Steering Committee (NSC), the National Monitoring Committee (NMC), and the Department of Police are the national level inter-agency mechanisms to address special issues affecting the rights of children in Sri Lanka. It notes the Government’s information that the NCPA is established for the purpose of formulating a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse as well as for the monitoring of action against all forms of child abuse. It notes that, according to the Government, the NSC is composed of experts especially appointed for identification of hazardous types of child labour in terms of the provisions of Convention No. 182. The NMC is a tripartite committee appointed by the Secretary of the Ministry of Labour Relations and Foreign Employment under ILO/IPEC in order to monitor the activities carried out in collaboration with ILO/IPEC. The Committee notes that the EWYPC entitles “authorized officers”, including the Commissioner of Labour, Additional Commissioner of Labour, any Medical Officer, the Chief Factory Inspecting Engineer, any Factory Inspecting Engineer and any Labour Officer or any Statistical Officer, to enter workplaces and perform inspections, examine registers and documentation, make inquiries and request information. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the National Plan of Action for the Children of Sri Lanka 2004-2008 (NPA 2004-2008) supported by UNICEF, provides for activities and projects targeting: (a) education development; (b) health development; (c) juvenile justice; (d) child labour; (e) disadvantaged children; and (f) reliable water supply and sanitation facilities. It notes that, according to the document “Progress in implementation of the Programmes under the National Plan of Action in 2005” supplied by the Government, a number of programmes have been adopted under the NPA 2004-2008 aimed at: (a) identifying places where child labour is employed; (b) changing attitudes of parents on child labour; (c) providing publicity to penalties for child labour offenders and creating awareness amongst the public on child labour. The Committee also notes that the document “Policy Frame and National Action Plan for the Elimination of the Worst Forms of Child Labour – draft discussion for the members of the National Steering Committee” has been prepared in January 2004 in collaboration with ILO/IPEC. The proposed action plan addresses the following points: (a) “Prevention”, including educational measures and awareness-raising campaigns to prevent the worst forms of child labour; (b) “Institutional development and capacity building”, including measures to strengthen the role and capacity of the officers responsible for law enforcement (police, labour inspectors, judges and child rights officers); (c) “Research”; (d) “National legislation and law reform”; and (e) “Rescue, rehabilitation and reintegration for all children involved in the worst forms of child labour”.

The Committee requests the Government to continue providing information on the implementation of the NPA 2004-2008 and any relevant impact on the elimination of the worst forms of child labour. It also asks the Government to keep it informed on the adoption of the proposed National Action Plan for the Elimination of the Worst Forms of Child Labour in collaboration with ILO/IPEC.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code, as amended by the Penal Code (Amendment) Act No. 22 of 1995 and the Penal Code (Amendment) Act No. 29 of 1998, provides for sufficiently dissuasive and effective penalties of imprisonment for the following offences: the sale and trafficking of children (section 360C); the use of children in prostitution and in pornographic performances (sections 286A, 288A, 360A, and 360B); the use of children for drug trafficking (section 288B). The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee notes that, according to the document “Policy frame and national action plan for the elimination of the worst forms of child labour – draft discussion for the members of the National Steering Committee of 2004, the people of Sri Lanka have had universal access to primary and secondary school since independence and enjoyed free public education from kindergarten to university. The Committee notes that the NPA 2004-2008 seeks to ensure that 90 percent of children complete primary education. It also notes that the NPA 2004-2008 provides for the following educational objectives: (a) ensure full participation of children in primary (5-9 years) and secondary education (9‑14 years) through the enforcement of compulsory education regulations; (b) ensure that out of school youth in the compulsory education age group (5‑14 years) receive functional literacy through appropriate alternate learning situations and vocational training programmes. It notes that the educational measures provided under the NPA 2004-2008 also include monitoring attendance at school and development of schools in disadvantaged locations. The Committee considers that education contributes to preventing children from being engaged in the worst forms of child labour. It requests the Government to provide information on the implementation of the measures under the NPA 2004-2008 aimed at improving the access of children to free basic education thereby preventing them from being engaged in the worst forms of child labour. It also asks the Government to provide information on the primary and secondary education enrolment rates and the drop-out rate in school.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that, according to the UNAIDS estimates, 3,500 adults and children lived with HIV/AIDS in 2004 (in comparison to 4,800 adults and children in 2001). It notes the Government’s information that no special programmes are undertaken at the moment to address the issue of child victims and orphans of HIV/AIDS. However, the Workers’ Education Division of the Department of Labour conducts several programmes to create awareness amongst the school children on HIV/AIDS. Furthermore, the National HIV/AIDS Programme and the ILO World Bank HIV/AIDS Programme, also carry out programmes for school children. The Committee notes that the National Plan of Action for the Children of Sri Lanka 2004-2008 also includes measures aimed at providing an adequate number of homes to accommodate HIV/AIDS orphans as well as children requiring care and protection. It also notes the information from UNICEF that, in Sri Lanka, the drop-out rate after primary education is high and the courses offered by the Community Strength Foundation seek to reach out young people who missed out on sex education, including HIV/AIDS prevention. The Committee requests the Government to continue providing information on the impact of the abovementioned measures on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Article 8. International Cooperation and assistance. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour. It also once again requests the Government to supply information on any notable impact of the PRSP on eliminating the worst forms of child labour.

Parts IV and V of the report form. The Committee notes that, according to data of the Women and Children’s Affairs Division, in 2004, the number of complaints regarding child labour has decreased in comparison with 2000, and the number of legal actions taken has increased. The Committee also notes that, according to the draft “Policy frame and national action plan for the elimination of the worst forms of child labour – draft discussion for the members of the National Steering Committee” of 2004, it is estimated that 25,000 children under 18 years are caught in the worst forms of child labour (19,900 in child domestic work; 2,500 in commercial sexual exploitation, 2,000 child soldiers and at least 500 in other worst forms). The Committee requests the Government to continue providing 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, convictions and penal sanctions applied.