Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information supplied in the Government’s report. It requests the Government to supply further information on the following points.

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 with interest the Government’s information that section 358A(1) of the Penal Code, as amended by the Penal Code (Amendment) Act No. 16 of 2006, provides that any person who subjects or causes any person to be subjected to slavery, debt bondage, serfdom, forced or compulsory labour, shall be guilty of an offence. According to section 358A(2), where such an offence is committed in relation to a child, the penalty is increased (imprisonment for a term not exceeding 30 years and a fine).

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee had previously noted the Government’s information that the Tripartite Technical Committee appointed by the National Steering Committee of ILO/IPEC had identified the categories of work that may be determined as hazardous. Amongst these, there were 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. The Committee notes with interest the Government’s information that section 20A of the EWYPC Act, as amended by the Employment of Women, Young Persons, and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), provides that no person under the age of 18 years shall be employed in any hazardous occupation. Section 20A of the Act also provides that hazardous occupations in which persons under 18 years are prohibited to work shall be prescribed by the Minister taking into consideration the nature or the circumstances in which the occupation is being carried out and the harm that may be caused as a result thereof to the health, safety or morals of children. The Committee notes the Government’s information that section 20A empowers the Ministry of Labour Relations and Manpower to gazette the regulations on hazardous employment. The list of types of hazardous work is in the process of being finalized and will be presented to the Parliament to receive approval. The Committee further notes the Government’s information that domestic work is one of the types of hazardous work which is included in the draft list of hazardous occupations which are prohibited to children under 18 years under section 20A of the EWYPC Act, as amended in 2006. The Committee hopes that the list of hazardous types of work prohibited to children under 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in adopting this list and to supply a copy thereof as soon as it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that under the National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08) supported by UNICEF, a number of programmes had been adopted aimed at: (a) identifying places where child labour is employed; (b) changing attitudes of parents on child labour; and (c) providing publicity to penalties for child labour offenders and creating awareness amongst the public on child labour. It notes the Government’s information that various measures were adopted under the NPA 2004–08 by the Department of Probation, Ministry of Health, Ministry of Labour Relations and Manpower, as well as the Ministry of Justice. These include, inter alia: (a) various awareness-raising campaigns and training programmes on child rights and child labour; (b) improvement of various care-centre facilities; and (c) rehabilitation programmes for street children in Uva Province. The Committee requests the Government to continue providing information on any relevant impact of the NPA 2004–08 on the elimination of the worst forms of child labour.

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 had previously noted that the NPA 2004–08 seeks to ensure that 90 per cent of children complete primary education. It had noted that the NPA 2004–08 provides for the following educational objectives: (a) to ensure full participation of children in primary
(5–9 years) and secondary education (9–14 years) through the enforcement of compulsory education regulations; and (b) to 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. Educational measures provided under the NPA 2004–08 also include monitoring attendance at school and development of schools in disadvantaged locations. The Committee had requested the Government to provide information on the implementation of the measures under the
NPA 2004–08 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 asked the Government to provide information on the primary and secondary education enrolment rates and the drop-out rate in school. The Committee notes the Government’s information that, according to the Department of Census and Statistics of the Ministry of Education data, in 2005 the school drop-out rate was 2.2 per cent (2.8 per cent for male and 1.6 per cent for female). The Committee observes that the Government provides no information on the implementation of the various measures under the NPA 2004–08 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 requests the Government to provide information in this regard in its next report. It also requests the Government to continue providing updated data on school enrolment and drop-out rates.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to UNAIDS estimates, 3,500 adults and children lived with HIV/AIDS in 2004 (in comparison to 4,800 adults and children in 2001). It had further noted that the NPA 2004–08 includes measures aimed at providing an adequate number of homes to accommodate HIV/AIDS orphans as well as children requiring care and protection. The Committee notes the Government’s information that in 2006 the National Child Protection Authority (NCPA) launched a project in the western and southern provinces of Sri Lanka, entitled “Strengthening the capacity of the National Child Protection Authority to mobilize tsunami-affected communities in Sri Lanka and to prevent the trafficking of tsunami-affected orphans into exploitative employment”. One of the objectives of this project is to educate vulnerable children and children living in high-risk areas, especially children of families affected by the tsunami, on sex education, sex abuse, HIV/AIDS, drugs, alcohol, and tobacco use.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that 161 complaints on child labour have been received by the Women and Children’s Affairs Division of the Department of Labour in 2006. Investigations were carried out on the complaints and 17 cases have been filed against the defaulting employers. It also notes the Government’s information that the Ministry of Labour Relations and Manpower, having recognized the necessity of carrying out a child labour survey, has asked for the technical assistance of ILO/IPEC for undertaking the survey in the latter half of 2007. The matter was approved by the ILO/IPEC Steering Committee. Terms of reference have been prepared for the child labour survey. It is proposed to conduct the survey through the Department of Census and Statistics. The Committee requests the Government to provide a copy of the child labour survey as soon as it becomes available. It also requests the Government to continue 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, convictions and penal sanctions applied.