Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted the comments made by the Employers’ Federation of Ceylon and by the Lanka Jathika Estate Workers’ Union (LJEWU) on the application of the Convention. The Committee has noted with interest the ratification by Sri Lanka of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), as well as the Abolition of Forced Labour Convention, 1957 (No. 105).

Child exploitation

2. In its earlier comments the Committee referred to allegations of child labour exploitation in various sectors, such as domestic service, shops, private coaches, tourist industry, etc. It noted the amendments to the Penal Code made in 1995 and 1998 which had enhanced penalties for the exploitation of children, including sexual exploitation and trafficking. The Government indicates in its 2002 report that during 2001, 42 persons were prosecuted for employing child labour, mainly in domestic work. It also provides information on activities implemented with the assistance of the ILO-IPEC programme in Sri Lanka, such as training programmes for officers of the Department of Labour, Department of Police and Department of Probation and Child Care Services, assisting the Department of Labour in strengthening the regional committees’ services relating to domestic workers and carrying out a rapid assessment on child domestic labour in Sri Lanka. The Committee also notes with interest from the Government’s latest report that the Employment of Women, Young Persons and Children Act has been amended by Act No. 8 of 2003 in order to enhance penal sanctions with regard to employment of children and to provide for payment of compensation to the child victims. It also notes that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) has been set up.

3. While noting the above information with interest, the Committee has noted from the communication by the LJEWU referred to above that the union expressed concern that the implementation of the legislative machinery is not sufficiently strengthened and there are administrative constraints restricting adequate enforcement of the law. The union alleges that national attention is focused on child labour exploitation only when isolated cases of inhuman treatment of child domestic servants are exposed by the print and visual media. The Committee hopes that the Government will refer to these comments in its next report and will supply information on the progress achieved in its efforts to strengthen the enforcement machinery in order to combat child exploitation. The Committee requests the Government to provide information on the manner in which the amendments to the Employment of Women, Young Persons and Children Act referred to above, as well as the amendments to the Penal Code introduced by Act No. 29 of 1998 and Act No. 22 of 1995 are applied in practice, including the number and extent of penalties imposed in prosecutions which have proceeded under it, as required by Article 25 of the Convention. Please also supply information on any further measures to protect child domestic servants from forced labour and to combat child servitude, enclosing relevant extracts from any inspection or other reports.

4. The Committee has noted a statement by the Employers’ Federation of Ceylon, in its comments referred to above, which contain a reference to the Global Report Stopping forced labour under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that an area of concern is the forced conscription of children and youth by militant groups, in the regions of the country affected by armed conflict. The Committee requests the Government to provide information on such practices and on any action programmes to prevent them, as well as on action taken against perpetrators.

Emergency regulations

5. In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. Referring to paragraph 36 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee has noted from the Government’s report that this matter was looked into in a tripartite workshop held with the assistance of the ILO to promote ratification of the Abolition of Forced Labour Convention, 1957 (No. 105), and that a tripartite committee including secretaries of the ministries concerned was appointed to follow up its recommendations. The Committee hopes that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

Compulsory public service

6. The Committee previously noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It expressed the hope that the necessary measures would be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention. The Committee has noted from the Government’s 2002 report that this matter was also addressed under the plan of action recommended at the abovementioned workshop relating to the promotion of ratification of Convention No. 105 and the tripartite committee appointed to follow up its recommendations was looking into the matter. The Committee hopes that the Government’s next report will contain full information on the developments in this area.

7. The Committee is again addressing to the Government a direct request on certain other points.