Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Sri Lanka (Ratification: 2000)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes with interest that Sri Lanka adopted in collaboration with UNICEF the National Plan of Action for the Children of Sri Lanka 2004-08 (NPA 2004-08), which provides measures targeting: (a) education development; (b) health development; (c) juvenile justice; (d) the elimination of child labour; (e) child protection; (f) water supply and sanitation. It notes that, according to the document “Progress in implementation of the programmes under the National Plan of Action in 2005”, a number of programmes have been implemented aimed at: (a) identifying places where there is child labour; (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 takes due note of this information and requests the Government to continue providing information on the implementation of the NPA 2004-2008 and its impact on the effective elimination of child labour.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee had noted that the provisions of the Employment of Women, Young Persons and Children (EWYPC) Act No. 47 of 1956 only apply to a labour relationship. It had requested the Government to provide information on the manner in which children who are not bound by a labour relationship, such as self-employed workers, benefit from the protection laid down by the Convention. The Committee notes the Government’s information that there is no specific law to prohibit children from being engaged in self-employment. However, most of the existing laws contain provisions to prevent children from being employed in all occupations including self-employment. The Committee notes the Government’s information that section 14 of the EWYPC (Amendment) Act No. 8 of 2003 states that “a child may not be employed except: (a) by his parents or guardian in light agricultural or horticultural work or similar work carried on by members of the same family before the commencement of regular school hours or after the close of school hours; (b) in any school or other institution supervised by a public authority and imparting technical education or other training for the purpose of any trade or occupation”. It notes that section 14(2) provides that if a child is employed in contravention of section 14(1), the person to whose act the contravention is attributable shall be guilty of an offence and be liable to a fine or to imprisonment. It notes the Government’s information that regulations made under section 14 of the EWYPC Act state that no child shall be employed in any occupation.

2. Minimum age for admission to employment or work. The Committee had previously noted that in its report of November 2002 to the Committee on the Rights of the Child (CRC/C/Add.17, paragraph 243), the Government indicated that the minimum age for admission to employment in all sectors other than the plantation sector is 14 years and that action is being taken to raise the age of employment in the plantation sector from 10 to 14 years. The Committee notes with interest the Government’s information that, with the ratification of Convention No. 138, labour laws have been amended in order to increase the minimum age for employment. Accordingly, the Minimum Wages (Indian Labour) Ordinance was amended by the Minimum Wages (Indian Labour) (Amendment) Act, No. 25 of 2000, in order to increase the minimum age for admission to employment in plantations to 14 years. The Committee takes due note of this information.

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is currently linked to the minimum age for admission to employment (14 years). It notes the Government’s information that employing a child in any occupation which prevents him/her from attending school is a punishable offence under section 17(2) of the EWYPC Act. The Committee also notes the Government’s information that the Ministry of Labour Relations and Foreign Employment is considering the possibility of extending the age for admission to employment to 16 years and steps are being taken to consult relevant organizations/parties concerned. The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. It observes that increasing the age of admission to employment to 16 years without increasing at the same time the age of completion of compulsory schooling from 14 to 16 years could result in a number of problems. For example, if compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It accordingly requests the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee trusts that, in this regard, due consideration will be given to its comments.

Article 3, paragraph 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee had previously noted that the EWYPC Act, while containing a provision prohibiting young persons under 18 years of age from taking part in any public performances in which their lives or limbs are endangered (section 19), does not contain a general provision prohibiting children under 18 years of age from performing hazardous work. It had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed in hazardous work. The Committee had also previously noted that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) had been set up under the Chairmanship of the Secretary, Ministry of Employment and Labour, and that the NSC had appointed a subcommittee on 22 November 2001 to determine the types of work likely to harm the health, safety or morals of children. It had noted that both these committees consist of representatives of the Government, the employers and the workers.

The Committee notes the Government’s information that the subcommittee has identified the categories of work that may be determined as hazardous. Amongst these, there are 50 types of hazardous work or occupations, 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 the list was discussed at tripartite committees at the national level, such as the National Advisory Council. According to the Government, the EWYPC Act should be amended in order to introduce the regulations establishing types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment presented a Cabinet Memorandum and the approval of the Cabinet of Ministers was received for the amendment. The Ministry of Labour Relations and Foreign Employment is now in the process of formulating the new Regulations with the assistance of the legal draftsman. The Committee notes the Government’s information that when the new Regulations are formulated under the EWYPC Act, children under 18 years of age cannot be employed in any hazardous employment. The Committee requests the Government to keep it informed of the adoption of the Regulations establishing the types of hazardous work prohibited for children under 18 years of age and to supply a copy thereof as soon as they have been adopted.

Article 3, paragraph 3. Admission to hazardous work from 16 years. The Committee had previously noted that some provisions of the EWYPC Act and of the Mines and Minerals Act of 1973 allow young persons from 16 years of age to perform types of hazardous work. It notes that, according to the draft Regulations on types of hazardous work referred to by the Government, young persons from 16 years of age are allowed in certain limited cases to perform types of hazardous work, but only after training and under the supervision of qualified professionals. The Committee notes the Government’s indication that when the new Regulations prohibiting hazardous work are adopted, no person under the age of 18 years may undertake hazardous work in the remaining types of hazardous work enumerated in those Regulations.

Article 6. Vocational training. The Committee had previously asked the Government to provide information on the conditions prescribed by the public authority for work done by children in technical schools. It notes the Government’s information that the Tertiary and Vocational Education Commission set up under the Ministry of Skills Development is the main authority for preparing training standards, accrediting training courses and monitoring the maintenance of the standards. Accordingly, they are responsible for undertaking inspections to ensure the application of the provisions of the Convention. The Committee takes due note of this information.

Article 7. Light work. The Committee had previously noted that “family work” had been excluded from the scope of the Convention after tripartite consultations on the matter. The Committee notes that section 14 of the EWYPC Act of 1956, as amended by the EWYPC (Amendment) Act of 2003, states that “a child (i.e. person under 14 years) may not be employed except: (a) by his parents or guardian in light agricultural or horticultural work or similar work carried on by members of the same family before the commencement of regular school hours or after the close of school”.

Article 8. Artistic performances. The Committee notes the Government’s information that children under the age of 14 years appearing in artistic performances are very rare. Mostly, they participate in artistic performances in their schools and those performances are not carried out for commercial purposes. It also notes the Government’s statement that there is no such provision in the EWYPC Act to grant permits for such performances. Hence, permits are not granted by the Commissioner of Labour for this purpose.

Article 9, paragraph 2. Persons responsible to comply with the provisions giving effect to the Convention. The Committee notes the Government’s information that employers are required, by virtue of sections 5-10 and 24 of the EWYPC Act, to maintain registers of workers under the age of 18 years and to furnish information to the authorized officers regarding employment of children and young persons (sections 11, 16 and 22). Furthermore, under sections 16 and 22 of the Act, employers, parents and guardians and custodians are required to provide information on the employment of children when an authorized officer requests such information.

Part V of the report form. The Committee notes that, according to the child activity survey conducted in 1999 in collaboration with ILO/IPEC, 38,430 children aged 9 to 14 years were reported to work as employees. Moreover, 60 per cent of all working children are reported to be working as agricultural workers. Among the urban sector’s working children, the most dominant occupations are classified under “shop sales persons and demonstrators”. The number of domestic workers reported in the survey is 19,110. The Committee also notes that, according to the document “Policy Frame and National Action Plan for the Elimination of the Worst Forms of Child Labour – draft for discussion by members of the National Steering Committee” prepared on January 2004 in collaboration with ILO/IPEC, the Department of Labour has identified in 2003 the following types of child labour to be prevalent in Sri Lanka: (a) domestic labour; (b) employment in boutiques as workers carrying out a range of tasks from lifting, weighing, packing and running errands; (c) street vending; (d) begging; (e) rural craftmakers or helping adults in their work; (f) petty trade. The Committee notes that, according to report of the Women and Children’s Affairs Division, the number of complaints received regarding child labour has decreased from 2000 to 2004, while the number of legal actions taken has increased (48 cases in 2004). The Committee requests the Government to continue supplying information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.