Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Sri Lanka (Ratification: 2001)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. In its previous comments, the Committee noted that the Ministry of Child Development and Women’s Affairs under the direction of the task force had established a government-run shelter and safe houses in the same model as Women in Need and Salvation Army for victims of human trafficking, which provide medical and psychological assistance to such victims. The Committee noted that rescued victims of child trafficking in need of care and protection are referred to certified schools and that the Department of Probation and Child Care Services provides safe shelter and psychological assistance to victims of the worst forms of child labour. The Government indicated that there are four safe houses, four certified schools and two national training and counselling centres in the country which provide medical, legal and psychological services to child victims of trafficking.

The Committee notes the Government’s indication that the National Anti-Human Trafficking Task Force was established by the Ministry of Justice. The Government also states that 11 “places of safety” for child victims of trafficking are maintained at the provincial level. The Committee requests the Government to provide information on the responsibilities and activities of the National Anti-Human Trafficking Task Force. Noting the lack of information provided in this regard, it once again requests the Government to indicate the number of child victims of trafficking who have benefited from the services provided by the safe houses, certified schools and national training and counselling centres.

Clauses (a) and (c). Access to free basic education. Plantation Tamils. The Committee notes from the 2016 concluding observations of the Committee on the Elimination of Racial Discrimination that Tamils of Indian origin, also referred to as “Plantation Tamils” lack quality education, and suffer from higher dropout and child labour rates than the national average (CERD/C/LKA/CO/10 17, paragraph 20). Considering that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to ensure access to free basic education, particularly for “Plantation Tamil” children.

Application of the Convention in practice. The Committee notes the Government’s indication that a rapid assessment study on the worst forms of child labour was undertaken under the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) Project and that the findings of the study should be validated by other stakeholders and tripartite constituents. The Committee also notes the Government’s statement that in 2016, ten indictment cases were registered in the High Court concerning child trafficking while 41 cases are currently being heard in several district courts. The Government explains that in most cases, the delay in judicial proceedings is due to the inability to trace the whereabouts of the victim. Finally, the Government indicates that in 2016–17, prosecutors have been able to secure six convictions for child trafficking. The Committee notes from the Government’s combined fifth and sixth periodic reports on the application of the Convention on the Rights of the Child that a State Minister of Child Affairs was created and that a new five-year Action Plan on children 2016–20 has been developed and is pending approval by the Department of National Planning (CRC/C/LKA/5-6, paragraphs 17 and 22). The Committee requests the Government to continue providing information on the number of persons prosecuted, convicted and sentenced with regard to cases involving the worst forms of child labour, in particular trafficking of children. It also requests the Government to provide information on the content of the Action Plan on children as well as on the activities and responsibilities of the State Minister of Child Affairs.