Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 2(2) of the Convention. Minimum age for admission to employment or work. The Committee had previously 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 that steps were being taken to consult relevant organizations/parties concerned. The Committee requests the Government to indicate whether any amendment raising the minimum age for employment to 16 years has been made. In this regard, the Committee would like to draw the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office, in case any amendment to the national legislation raising the minimum age for admission to employment or work to 16 years has been made.

Article 2(3). Compulsory education. The Committee had previously noted with interest the Government’s indication regarding its proposal to extend compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students normally attain 16 years of age. It had requested the Government to provide information on any developments in this regard.

The Committee notes the Government’s information that the Ministry of Education has taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age. The Committee expresses the firm hope that the Bill extending compulsory schooling up to 16 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to supply a copy of the bill, once it has been adopted.

Article 3(2). Determination of hazardous work. The Committee had previously noted the Government’s indication that a revised list of types of hazardous work prohibited to children under 18 years will be adopted by Parliament very soon. The Committee notes with satisfaction that the Regulation concerning the list of types of hazardous works prohibited to children under 18 years was adopted by Parliament and came into force on 20 August 2010.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Child Activity Survey conducted by the Department of Census and Statistics has been completed, and the report is yet to be published. It further notes from the Government’s report that according to the Women and Children’s Affairs Division, Department of Labour, in 2010, 179 complaints on child labour were received, out of which 17 cases were filed in the courts, two cases were settled, and ten cases were being heard. Likewise, during the first six months of 2011, 81 complaints were received, out of which six cases were filed in the court and are being heard. It also notes that in 2010, nine cases of child labour were reported with the National Child Protection Authority, and investigations are pending for three cases. The Committee observes that, while several complaints on child labour were registered at the Department of Labour, only very few cases have been subject to prosecution. In this regard, the Committee requests the Government to take the necessary measures to ensure the effective enforcement of the provisions of the Convention, and accordingly requests the Government to strengthen its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee also requests the Government to continue providing information on the number and nature of violations detected, involving children, as well as the convictions and penalties imposed for such violations. It further requests the Government to supply a copy of the Child Activity Survey report, once it has been published.