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

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of raising the age for admission to employment to 16 years and that legislative amendments in this regard had been submitted to the Attorney General for approval, which would thereupon be submitted to Parliament for adoption.

The Committee notes the Government’s indication in its report that the Ministry of Labour and Trade Union Relations (MoLTUR) is currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Shop and Office Employees Act No. 15 of 1954, the Factory Ordinance No. 45 of 1942, and the Employees’ Provident Fund Act No. 15 of 1958, in order to raise the minimum age for admission to work or employment to 16 years. The Government states that the process of amending the Employment of Women, Young Persons and Children Act has already started. The Committee trusts that the amendments with regard to raising the minimum age for admission to employment to 16 years will be adopted in the near future. In this regard, the Committee would like to draw the Government’s attention to the provisions of Article 2(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 amendments to the national legislation raising the minimum age for admission to employment or work to 16 years have been made.

Article 2(3). Compulsory education. The Committee previously noted the Government’s information that the Cabinet of Ministers had approved the memorandum submitted by the Ministry of Education on raising the upper age limit of compulsory education from 14 years to 16 years, and that the amendments in this regard had been submitted to the Attorney General for approval.

The Committee notes with interest the Government’s indication that the Compulsory Attendance of Children at School Regulations No. 1 of 2015 was adopted and provides for compulsory education from 5 to 16 years of age. However, the Committee points out that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey on the fundamental Conventions, 2012, paragraph 370). The Committee therefore urges the Government to continue its efforts to raise the general minimum age in order to link it with the age of completion of compulsory schooling, in conformity with the Convention.

Application of the Convention in practice and labour inspectorate. The Committee previously noted the Government’s statement that the Department of Labour was making every effort to enforce the law against child labour and that no incidence of child labour had been observed in the formal economy. The Committee further noted the Government’s indication that it envisaged that one of its districts, Ratnapura, would become a child labour free zone by 2015, and that the Government was trying to expand this concept into other districts as well. According to the Government’s report, the main aspect of this concept is that it has the support of all government programmes related to education, vocational training, poverty alleviation and other social welfare schemes, as well as support of the private sector and non-governmental organizations, in eliminating child labour. The Committee noted, however, the comments made by the National Trade Union Federation (NTUF) that the number of children engaged in employment was much higher than indicated by the Government as most of the children are employed as domestic workers where outsiders have no access.

The Committee notes that according to the 2015–16 Child Activity Survey, the total child population aged between 5 and 17 years involved in child labour has decreased from 2.5 per cent in 2009 to 2.3 per cent, of which 0.9 per cent are engaged in hazardous work (down from 1.5 per cent in 2009). The Committee notes that 66.7 per cent of working children are boys, 33.3 per cent are girls and 73 per cent are in the age group 15–17 years. Around 59.3 per cent are engaged in unpaid family work (compared with 80.8 per cent in 2009); 36.2 per cent are employees and 4.6 per cent are self-employed.

The Committee further notes the Government’s statement that the implementation of the child labour free zone in the district of Ratnapura was successful and that it is now being replicated in other districts. One of the most important outcomes of the programme is that it establishes a system whereby immediate action is taken once child labour incidents are reported. The Government indicates that the detection of child labour is included in the general inspections of the labour inspectorate. Accordingly, 147 cases were received, out of which 54 cases were dismissed and 93 cases are being investigated further. There have been three cases filed with the Magistrate Court and one case has been concluded with penalties imposed. The Government also indicates that a National Policy on the Elimination of Child Labour has been prepared and is awaiting adoption by the Cabinet of Ministers. Finally, the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) is currently being implemented with ILO support. Taking due note of the decrease in child labour in the country, the Committee encourages the Government to pursue its efforts to ensure the progressive abolition of child labour and to provide information on the results achieved through the implementation of the child labour free zone in all its districts, the National Policy on the Elimination of Child Labour and the CLEAR engagement. Noting that child labour in the country mostly occurs in the informal sector, the Committee requests that the Government take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal sector, including domestic workers. The Committee also requests that the Government continue providing information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of in infringements reported, violations detected and penalties applied.