Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. 1. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee notes the Government’s information that, during the period 2004–06, the Ministry of Labour Relations and Manpower (MOLRM) and the Department of Labour (DOL) carried out various programmes with the assistance of the ILO/IPEC and other relevant governmental and non-governmental agencies. It also notes that one of the objectives of the NPA 2004–08 is to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who are not attending an educational institution to vocational training school/centres, and sensitizing adults and children on the need to eliminate child labour and its adverse effects on the child. The Committee requests the Government to continue to provide information on the progress of the NPA 2004–2008 towards reducing child labour and eliminating its worst forms.

2. Awareness programmes. The Committee notes the Government’s information that the year 2006 was pledged as the “National Children’s year”. Various awareness raising programmes were carried out during 2006 focusing on preventing and eliminating child labour. These include: (a) encouraging 16,500 children of migrant workers to continue their education, by providing them with school equipment and food; (b) providing scholarships to 2,550 children of migrant workers; (c) providing various counselling, medical assistance to families and children, especially to 1,500 migrant families; (d) organizing awareness‑raising campaigns among children at school on the importance of eliminating child labour; (e) distributing 1 million leaflets among school children on the elimination of child labour; (f) directing 800 children of Tsunami-affected families to formal education; (g) organizing various workshops, projection of films and exhibitions on the issues of health and safety of children.

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 linked to the minimum age for admission to employment (14 years). It had noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and steps were being taken to consult relevant organizations/parties concerned. It had requested the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee notes the Government’s information that the matter has been referred to the Labour Reform Committee appointed under the National Labour Advisory Council, which is in the process of identifying the necessary amendments to the existing labour legislation in line with the current economic and national policies. The Committee recalls that it considers it desirable to ensure compulsory education up to the minimum age for employment, as provided for under paragraph 4 of Recommendation No. 146. The Committee requests the Government to provide information on any developments towards the possible extension of the age for admission to employment. It hopes that, in this framework, due consideration will be given to the Committee’s comments on the importance of linking the age of admission to employment to the age limit of compulsory education.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that the Employment of Women, Young Persons and Children Act (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), did 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 notes with interest the Government’s information that 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).

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the subcommittee appointed on 22 November 2001 by the Tripartite National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (ILO/IPEC) identified the categories of work that may be determined as hazardous. Amongst these, there were 50 types of hazardous work or occupations, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; and melting of metal and manufacture of glass. It had noted the Government’s information that the EWYPC Act would be amended in order to introduce the regulations establishing types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment was in the process of formulating the new regulations with the assistance of the Legal Draftsman. The Committee had requested 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 had been adopted. The Committee notes the Government’s information that section 20A of the EWYPC Act, as amended by the EWYPC Amendment Act of 2006, 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 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 of the EWYPC Act, as amended, empowers the Ministry of Labour Relations and Manpower to gazette the regulations on hazardous employment. The steering committee appointed under the subcommittee appointed by the ILO/IPEC is in the process of finalizing the list of types of hazardous work which will be gazetted after receiving the approval of Parliament. The Committee hopes that the Government will adopt the list containing the types of hazardous work prohibited to children under 18 years in the near future. It requests the Government to provide information on any progress made in adopting this list, and to provide a copy thereof as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistics of the Women and Children’s Affairs Division of the DOL, 96 inspections were carried out in 2005 and 120 in 2006 concerning child labour. Moreover, 23 cases were filed in 2005 and 20 in 2006 regarding child labour violations. The Committee also notes the Government’s information that the MOLRM, having recognized the necessity of carrying out a child labour survey, has asked for the technical assistance of the ILO/IPEC for undertaking the Survey in the latter half of 2007. The issue 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 supplying extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.