Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s report. It also notes the communication of the National Trade Union Federation (NTUF) dated 22 July 2009 which indicates that the national legislation of Sri Lanka is in compliance with the provisions of the Convention.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee had previously noted that one of the objectives of the NPA 2004–08 was to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who were not attending an educational institution to vocational training school/centres, and sensitizing adults and children to the need to eliminate child labour and its adverse effects on the child. The Committee notes the Government’s information that the Ministry of Labour Relations and Manpower (MOLRM), and the Department of Labour (DoL) undertook various awareness-raising programmes during 2007–09 such as: (i) capacity-building programmes for law enforcement officers (18 programmes were conducted with a total of 540 participants); (ii) awareness-raising programmes for the social partners (112 programmes were conducted with a total of 7,840 participants); (iii) awareness-raising programmes for parents (156 programmes were conducted with a total of 5,680 participants); and (iv) awareness-raising programmes for school children (100 programmes were conducted with a total of 4,000 participants).

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 also 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. The Committee had recalled that it considered 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 notes with interest the Government’s statement that consultations were held at the ILO–IPEC Steering Committee on the issue of extending the compulsory schooling age which has been referred to the Ministry of Education and the National Child Protection Authority. It notes the Government’s indication that it is proposed to make compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students will attain 16 years. The Committee requests the Government to provide information on any developments made in this regard.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted 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. It had also noted the Government’s statement that section 20A of the EWYPC Act, as amended, empowers the MOLRM to gazette the regulations on hazardous employment. The Committee notes the comments made by the NTUF that the subcommittee of the Tripartite National Steering Committee appointed by
ILO–IPEC has identified 25 occupations as harmful to children. The Committee notes the Government’s statement that this list is currently being revised by the steering committee following the observations made by the representatives of the National Labour Advisory Council (NLAC). The Government further states that this list shall come into force when it is gazetted in the Government Gazette as regulations under section 20A of the Employment of Women, Young Persons and Children Act and after adoption in the Parliament. The Committee hopes that the list containing the types of hazardous 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 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 had previously noted the Government’s indication that the MOLRM, had asked for technical assistance from the ILO–IPEC for undertaking a child labour survey in the latter half of 2007. It had also noted that the ILO–IPEC Steering Committee had approved this survey which was proposed to be conducted through the Department of Census and Statistics (DCS). The Committee notes the Government’s statement that the DCS has already completed the collection of data and is currently in the process of tabulating the data and preparing the report. The Committee also notes the data provided by the Government on the number of complaints on child labour registered in the Women and Children’s Affairs Division of the Department of Labour. According to this data, in 2007–08, there were 159 complaints on child labour, out of which 29 cases were settled and 130 cases are being heard. The Committee requests the Government to supply a copy of the Child Labour Survey Report as soon as it becomes available. It also requests the Government to continue to supply extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.