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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see paragraph concerning the application of the Convention in practice and labour inspection) as well as on the basis of the information at its disposal in 2019.

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 and Trade Union Relations (MoLTUR) was currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, in order to raise the minimum age for admission to work or employment from 14 to 16 years. It trusted that the amendments raising the minimum age for employment to 16 years would be adopted in the near future.

The Committee notes with  interest  the Government’s indication in its report that it has obtained the approval of the Cabinet of Ministers to increase the minimum age for employment from 14 to 16 years. The Government indicates that the revised draft labour laws and regulations, namely the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Shop and Office Employees Act No. 19 of 1954, the Factory Ordinance No. 45 of 1942, and the Employees’ Provident Fund Act No. 15 of 1958, which contain provisions raising the minimum age from 14 to 16 years, would enter into force in 2020.  The Committee welcomes the measures taken by the Government to raise the minimum age for admission to employment or work from 14 to 16 years, and hopes in this regard that the above-mentioned draft labour laws and regulations will be adopted in the near future. The Committee reminds the Government of the provisions of Article 2(2) of the Convention, which provide 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 sending a declaration of this nature to the Office, once the minimum age fixed by the national legislation is raised to 16 years.

Article 2(3). Compulsory education. The Committee previously noted with interest the adoption of the Compulsory Attendance of Children at School Regulation No. 1 of 2015, which provides for compulsory education from 5 to 16 years of age. It noted however that the minimum age for admission to work or employment was therefore lower than the school-leaving age, and accordingly urged the Government to continue its efforts to raise the general minimum age.  Noting that the Government is in the process of raising the minimum age for admission to employment or work to 16 years, the Committee once again requests the Government to continue its efforts in this respect, in order to link the minimum age with the age of completion of compulsory schooling, in conformity with the Convention.

Application of the Convention in practice and the labour inspectorate. The Committee previously encouraged the Government to pursue its efforts to ensure the progressive abolition of child labour and to 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 notes the Government’s information that a special inspection group is in charge of inspecting workplaces specifically for child labour, both in the formal and informal sector. In 2018, it inspected 472 workplaces. Moreover, there is a mechanism to inspect workplaces, including households, where underage children are suspected to be employed, in which interdepartmental teams comprising members of the police and of the Department of Probations and Child Care conduct the inspection together. Accordingly, 129 interdepartmental investigations were conducted following complaints on child labour in 2018, resulting in two instances of child labour. The Committee further notes the Government’s information in its supplementary report that in 2019, 169 investigations were initiated following complaints on child labour and 12 cases of child labour were detected. The Government also indicates that investigations on complaints of child labour continued even during the COVID-19 lock down period to ensure the safety and well-being of children. Accordingly, until 31 August 2020, three cases of child labour were detected following investigations conducted in 74 complaints. Moreover, penalties were imposed on four employers in 2019 and one employer in 2020, while compensation was paid to two victims of child labour in 2019.

The Committee further notes the Government’s information that it has increased awareness-raising measures on child labour for multiple stakeholders, including the members of the Child Development Committees instituted by the Ministry of Women and Child Affairs in the 25 districts, field officers of the Department of Manpower and Employment, who come into direct contact with school students, teachers and parents, of the five districts in which child labour is estimated to be most prevalent, and the general public. Moreover, in 2019, the field staff of the Department of Labour and the Department of Manpower and Employment were provided trainings on the labour law applicable to children and on the importance of eliminating child labour. In addition, in June 2020 the official YouTube channel of the Department of Labour released five videos on the importance of prevention of child labour. The Government also states that the National Policy on Elimination of Child Labour was adopted in 2017, and that a national action plan is being prepared in this regard. The Committee notes in this regard that the National Steering Committee within the Ministry of Labour is in charge of the coordination and the monitoring of the implementation of the Policy.

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 was 43,714 children (1 per cent). It also notes that the National Policy on Elimination of Child Labour of 2017 indicates that child labour is particularly prevalent in fisheries, tourism, small private estates and domestic labour. The Committee further observes that both the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights of the United Nations expressed concern that, despite significant progress made, children remain employed as street vendors, in domestic service, in agriculture, mining, construction, manufacturing, transport and fishing (CRC/C/LKA/CO/5-6, paragraph 41 and E/C.12/LKA/CO/5, paragraph 43). Welcoming the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy. It requests the Government to provide information on the measures taken and the results achieved in this regard, including within the framework of the National Policy on Elimination of Child Labour of 2017. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 and Trade Union Relations (MoLTUR) was currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, in order to raise the minimum age for admission to work or employment from 14 to 16 years. It trusted that the amendments raising the minimum age for employment to 16 years would be adopted in the near future.

The Committee notes with interest the Government’s indication in its report that it has obtained the approval of the Cabinet of Ministers to increase the minimum age for employment from 14 to 16 years. The Government indicates that the revised draft labour laws and regulations, namely the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Shop and Office Employees Act No. 19 of 1954, the Factory Ordinance No. 45 of 1942, and the Employees’ Provident Fund Act No. 15 of 1958, which contain provisions raising the minimum age from 14 to 16 years, would enter into force in 2020. The Committee welcomes the measures taken by the Government to raise the minimum age for admission to employment or work from 14 to 16 years, and hopes in this regard that the above-mentioned draft labour laws and regulations will be adopted in the near future. The Committee reminds the Government of the provisions of Article 2(2) of the Convention, which provide 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 sending a declaration of this nature to the Office, once the minimum age fixed by the national legislation is raised to 16 years.

Article 2(3). Compulsory education. The Committee previously noted with interest the adoption of the Compulsory Attendance of Children at School Regulation No. 1 of 2015, which provides for compulsory education from 5 to 16 years of age. It noted however that the minimum age for admission to work or employment was therefore lower than the school-leaving age, and accordingly urged the Government to continue its efforts to raise the general minimum age. Noting that the Government is in the process of raising the minimum age for admission to employment or work to 16 years, the Committee once again requests the Government to continue its efforts in this respect, in order to link the minimum age with the age of completion of compulsory schooling, in conformity with the Convention.

Application of the Convention in practice and the labour inspectorate. The Committee previously encouraged the Government to pursue its efforts to ensure the progressive abolition of child labour and to 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 notes the Government’s information that a special inspection group is in charge of inspecting workplaces specifically for child labour, both in the formal and informal sector. In 2018, it inspected 472 workplaces. Moreover, there is a mechanism to inspect workplaces, including households, where underage children are suspected to be employed, in which interdepartmental teams comprising members of the police and of the Department of Probations and Child Care conduct the inspection together. Accordingly, 129 interdepartmental investigations were conducted following complaints on child labour in 2018, resulting in two instances of child labour. From 1 January to 31 August 2019, 112 investigations have been initiated following complaints on child labour, and no incidents of child labour have been identified.

The Committee further notes the Government’s information that it has increased awareness-raising measures on child labour for multiple stakeholders, including the members of the Child Development Committees instituted by the Ministry of Women and Child Affairs in the 25 districts, field officers of the Department of Manpower and Employment, who come into direct contact with school students, teachers and parents, of the five districts in which child labour is estimated to be most prevalent, and the general public. The Government also states that the National Policy on Elimination of Child Labour was adopted in 2017, and that a national action plan is being prepared in this regard. The Committee notes in this regard that the National Steering Committee within the Ministry of Labour is in charge of the coordination and the monitoring of the implementation of the Policy.

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 was 43,714 children (1 per cent). It also notes that the National Policy on Elimination of Child Labour of 2017 indicates that child labour is particularly prevalent in fisheries, tourism, small private estates and domestic labour. The Committee further observes that both the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights of the United Nations expressed concern that, despite significant progress made, children remain employed as street vendors, in domestic service, in agriculture, mining, construction, manufacturing, transport and fishing (CRC/C/LKA/CO/5-6, paragraph 41 and E/C.12/LKA/CO/5, paragraph 43). Welcoming the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy. It requests the Government to provide information on the measures taken and the results achieved in this regard, including within the framework of the National Policy on Elimination of Child Labour of 2017. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified.

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

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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the Government’s report and the comments made by the National Trade Union Federation (NTUF) dated 24 August 2013.

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 extending the age for admission to employment to 16 years and that steps were being taken to consult the relevant organizations/parties concerned. The Committee requested the Government to indicate whether any amendments raising the minimum age for employment to 16 years had been made.

The Committee notes the Government’s statement that amendments in this regard have been submitted to the Attorney-General for approval, which will thereupon be submitted to the Parliament for adoption. The Committee expresses its firm hope 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 Ministry of Education had taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age.

The Committee notes the Government’s information that the Cabinet of Ministers have approved the memorandum submitted by the Ministry of Education on raising the upper age limit of compulsory education from 14 years to 16 years. The Government further indicates that the amendments in this regard have been submitted to the Attorney-General for approval. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments with regard to extending compulsory education 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, as well as to supply a copy, once it has been adopted.

Application of the Convention in practice. The Committee notes that, according to the findings of the Child Activity Survey of 2008–09 conducted by the Department of Census and Statistics, 2.5 per cent of the total child population aged between 5 and 17 years are involved in child labour, of which 1.5 per cent are engaged in hazardous work. About 80.8 per cent of the working children are engaged in unpaid family work; 66.3 per cent are engaged in elementary occupations such as street and mobile vendors, domestic helpers, mining, construction, manufacturing, transport and related work; while 61 per cent are engaged in the agricultural sector. The survey report further indicates that the average work time by children aged 5–17 years is 13.3 hours per week.

The Committee notes the Government’s statement that the Department of Labour (DoL) is making every effort to enforce the law against child labour and that no incidence of child labour has been observed in the formal economy. In 2012, the DoL received 186 complaints on child labour in the informal economy of which four cases have been filed with the magistrate courts, while in the other cases legal action was impossible due to lack of evidence. The Committee further notes the Government’s information that one of its districts, “Rathnapura”, is envisaged to become a Child Labour Free Zone by 2015, and that the Government is 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 the non-governmental organizations, in eliminating child labour. The Committee notes, however, the comments made by the NTUF that the number of cases of employment of children are much more than indicated by the Government as most of the children are employed as domestic workers where outsiders have no access. The Committee encourages the Government to take the necessary measures within the framework of its attempt to expand the Child Labour Free Zone concept to all of its districts by 2016, to ensure the application of the Convention to all branches of economic activity, including the informal economy. In this regard, the Committee requests the Government to take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy, including domestic workers. The Committee also requests the Government to 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 contraventions reported, violations detected and penalties applied.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report and the comments made by the National Trade Union Federation (NTUF) dated 24 August 2013.

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 extending the age for admission to employment to 16 years and that steps were being taken to consult the relevant organizations/parties concerned. The Committee requested the Government to indicate whether any amendments raising the minimum age for employment to 16 years had been made.

The Committee notes the Government’s statement that amendments in this regard have been submitted to the Attorney-General for approval, which will thereupon be submitted to the Parliament for adoption. The Committee expresses its firm hope 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 Ministry of Education had taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age.

The Committee notes the Government’s information that the Cabinet of Ministers have approved the memorandum submitted by the Ministry of Education on raising the upper age limit of compulsory education from 14 years to 16 years. The Government further indicates that the amendments in this regard have been submitted to the Attorney-General for approval. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments with regard to extending compulsory education 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, as well as to supply a copy, once it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the findings of the Child Activity Survey of 2008–09 conducted by the Department of Census and Statistics, 2.5 per cent of the total child population aged between 5 and 17 years are involved in child labour, of which 1.5 per cent are engaged in hazardous work. About 80.8 per cent of the working children are engaged in unpaid family work; 66.3 per cent are engaged in elementary occupations such as street and mobile vendors, domestic helpers, mining, construction, manufacturing, transport and related work; while 61 per cent are engaged in the agricultural sector. The survey report further indicates that the average work time by children aged 5–17 years is 13.3 hours per week.

The Committee notes the Government’s statement that the Department of Labour (DoL) is making every effort to enforce the law against child labour and that no incidence of child labour has been observed in the formal economy. In 2012, the DoL received 186 complaints on child labour in the informal economy of which four cases have been filed with the magistrate courts, while in the other cases legal action was impossible due to lack of evidence. The Committee further notes the Government’s information that one of its districts, “Rathnapura”, is envisaged to become a Child Labour Free Zone by 2015, and that the Government is 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 the non-governmental organizations, in eliminating child labour. The Committee notes, however, the comments made by the NTUF that the number of cases of employment of children are much more than indicated by the Government as most of the children are employed as domestic workers where outsiders have no access. The Committee encourages the Government to take the necessary measures within the framework of its attempt to expand the Child Labour Free Zone concept to all of its districts by 2016, to ensure the application of the Convention to all branches of economic activity, including the informal economy. In this regard, the Committee requests the Government to take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy, including domestic workers. The Committee also requests the Government to 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 contraventions reported, violations detected and penalties applied.

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

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes with interest that Sri Lanka adopted in collaboration with UNICEF the National Plan of Action for the Children of Sri Lanka 2004-08 (NPA 2004-08), which provides measures targeting: (a) education development; (b) health development; (c) juvenile justice; (d) the elimination of child labour; (e) child protection; (f) water supply and sanitation. It notes that, according to the document “Progress in implementation of the programmes under the National Plan of Action in 2005”, a number of programmes have been implemented aimed at: (a) identifying places where there is child labour; (b) changing attitudes of parents on child labour; (c) providing publicity to penalties for child labour offenders and creating awareness amongst the public on child labour. The Committee takes due note of this information and requests the Government to continue providing information on the implementation of the NPA 2004-2008 and its impact on the effective elimination of child labour.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee had noted that the provisions of the Employment of Women, Young Persons and Children (EWYPC) Act No. 47 of 1956 only apply to a labour relationship. It had requested the Government to provide information on the manner in which children who are not bound by a labour relationship, such as self-employed workers, benefit from the protection laid down by the Convention. The Committee notes the Government’s information that there is no specific law to prohibit children from being engaged in self-employment. However, most of the existing laws contain provisions to prevent children from being employed in all occupations including self-employment. The Committee notes the Government’s information that section 14 of the EWYPC (Amendment) Act No. 8 of 2003 states that “a child may not be employed except: (a) by his parents or guardian in light agricultural or horticultural work or similar work carried on by members of the same family before the commencement of regular school hours or after the close of school hours; (b) in any school or other institution supervised by a public authority and imparting technical education or other training for the purpose of any trade or occupation”. It notes that section 14(2) provides that if a child is employed in contravention of section 14(1), the person to whose act the contravention is attributable shall be guilty of an offence and be liable to a fine or to imprisonment. It notes the Government’s information that regulations made under section 14 of the EWYPC Act state that no child shall be employed in any occupation.

2. Minimum age for admission to employment or work. The Committee had previously noted that in its report of November 2002 to the Committee on the Rights of the Child (CRC/C/Add.17, paragraph 243), the Government indicated that the minimum age for admission to employment in all sectors other than the plantation sector is 14 years and that action is being taken to raise the age of employment in the plantation sector from 10 to 14 years. The Committee notes with interest the Government’s information that, with the ratification of Convention No. 138, labour laws have been amended in order to increase the minimum age for employment. Accordingly, the Minimum Wages (Indian Labour) Ordinance was amended by the Minimum Wages (Indian Labour) (Amendment) Act, No. 25 of 2000, in order to increase the minimum age for admission to employment in plantations to 14 years. The Committee takes due note of this information.

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 currently linked to the minimum age for admission to employment (14 years). It notes the Government’s information that employing a child in any occupation which prevents him/her from attending school is a punishable offence under section 17(2) of the EWYPC Act. The Committee also notes the Government’s information that the Ministry of Labour Relations and Foreign Employment is considering the possibility of extending the age for admission to employment to 16 years and steps are being taken to consult relevant organizations/parties concerned. The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. It observes that increasing the age of admission to employment to 16 years without increasing at the same time the age of completion of compulsory schooling from 14 to 16 years could result in a number of problems. For example, if compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It accordingly requests the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee trusts that, in this regard, due consideration will be given to its comments.

Article 3, paragraph 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee had previously noted that the 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), does 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 had also previously noted that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) had been set up under the Chairmanship of the Secretary, Ministry of Employment and Labour, and that the NSC had appointed a subcommittee on 22 November 2001 to determine the types of work likely to harm the health, safety or morals of children. It had noted that both these committees consist of representatives of the Government, the employers and the workers.

The Committee notes the Government’s information that the subcommittee has identified the categories of work that may be determined as hazardous. Amongst these, there are 50 types of hazardous work or occupations, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; melting of metal and manufacture of glass. It also notes the Government’s information that the list was discussed at tripartite committees at the national level, such as the National Advisory Council. According to the Government, the EWYPC Act should be amended in order to introduce the regulations establishing types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment presented a Cabinet Memorandum and the approval of the Cabinet of Ministers was received for the amendment. The Ministry of Labour Relations and Foreign Employment is now in the process of formulating the new Regulations with the assistance of the legal draftsman. The Committee notes the Government’s information that when the new Regulations are formulated under the EWYPC Act, children under 18 years of age cannot be employed in any hazardous employment. The Committee requests 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 have been adopted.

Article 3, paragraph 3. Admission to hazardous work from 16 years. The Committee had previously noted that some provisions of the EWYPC Act and of the Mines and Minerals Act of 1973 allow young persons from 16 years of age to perform types of hazardous work. It notes that, according to the draft Regulations on types of hazardous work referred to by the Government, young persons from 16 years of age are allowed in certain limited cases to perform types of hazardous work, but only after training and under the supervision of qualified professionals. The Committee notes the Government’s indication that when the new Regulations prohibiting hazardous work are adopted, no person under the age of 18 years may undertake hazardous work in the remaining types of hazardous work enumerated in those Regulations.

Article 6. Vocational training. The Committee had previously asked the Government to provide information on the conditions prescribed by the public authority for work done by children in technical schools. It notes the Government’s information that the Tertiary and Vocational Education Commission set up under the Ministry of Skills Development is the main authority for preparing training standards, accrediting training courses and monitoring the maintenance of the standards. Accordingly, they are responsible for undertaking inspections to ensure the application of the provisions of the Convention. The Committee takes due note of this information.

Article 7. Light work. The Committee had previously noted that “family work” had been excluded from the scope of the Convention after tripartite consultations on the matter. The Committee notes that section 14 of the EWYPC Act of 1956, as amended by the EWYPC (Amendment) Act of 2003, states that “a child (i.e. person under 14 years) may not be employed except: (a) by his parents or guardian in light agricultural or horticultural work or similar work carried on by members of the same family before the commencement of regular school hours or after the close of school”.

Article 8. Artistic performances. The Committee notes the Government’s information that children under the age of 14 years appearing in artistic performances are very rare. Mostly, they participate in artistic performances in their schools and those performances are not carried out for commercial purposes. It also notes the Government’s statement that there is no such provision in the EWYPC Act to grant permits for such performances. Hence, permits are not granted by the Commissioner of Labour for this purpose.

Article 9, paragraph 2. Persons responsible to comply with the provisions giving effect to the Convention. The Committee notes the Government’s information that employers are required, by virtue of sections 5-10 and 24 of the EWYPC Act, to maintain registers of workers under the age of 18 years and to furnish information to the authorized officers regarding employment of children and young persons (sections 11, 16 and 22). Furthermore, under sections 16 and 22 of the Act, employers, parents and guardians and custodians are required to provide information on the employment of children when an authorized officer requests such information.

Part V of the report form. The Committee notes that, according to the child activity survey conducted in 1999 in collaboration with ILO/IPEC, 38,430 children aged 9 to 14 years were reported to work as employees. Moreover, 60 per cent of all working children are reported to be working as agricultural workers. Among the urban sector’s working children, the most dominant occupations are classified under “shop sales persons and demonstrators”. The number of domestic workers reported in the survey is 19,110. The Committee also notes that, according to the document “Policy Frame and National Action Plan for the Elimination of the Worst Forms of Child Labour – draft for discussion by members of the National Steering Committee” prepared on January 2004 in collaboration with ILO/IPEC, the Department of Labour has identified in 2003 the following types of child labour to be prevalent in Sri Lanka: (a) domestic labour; (b) employment in boutiques as workers carrying out a range of tasks from lifting, weighing, packing and running errands; (c) street vending; (d) begging; (e) rural craftmakers or helping adults in their work; (f) petty trade. The Committee notes that, according to report of the Women and Children’s Affairs Division, the number of complaints received regarding child labour has decreased from 2000 to 2004, while the number of legal actions taken has increased (48 cases in 2004). The Committee requests the Government to continue supplying information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. It notes with interest that Sri Lanka ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2001. The Committee also takes note of the Employment of Women, Young Persons and Children (Amendment) Act, No. 8 of 2003.

Article 1 of the Convention. The Committee notes the information provided by the Government in its 2003 report, according to which the Department of National Planning of Sri Lanka, in collaboration with UNICEF, is in the process of preparing a National Plan of Action for Children for the period 2000-08 to ensure public policy and action support for children’s rights aimed at achieving the goals and ideals of UNICEF’s Plan of Action entitled "A World Fit For Children". The National Plan of Action consists of six sectors and among those child labour comes under the purview of the Ministry of Employment and Labour. The Government indicates that the Secretary, Ministry of Employment and Labour has appointed a sectoral committee to prepare the sector paper on child labour. The Secretary, Ministry of Employment and Labour, chairs the sectoral committee, which is made up of representatives of the Government, the employers and the workers.

The Committee notes with interest that the sectoral committee has identified goals to be achieved by the year 2008, which are: (1) reduction in child labour by 50 per cent by the year 2008; and (2) elimination of "the worst forms of" child labour by 75 per cent by the year 2008. According to the Government’s report, the following strategies have been identified to meet the above goals: (a) strengthen legal framework and policies; (b) strengthen enforcement of laws on child labour and improve working conditions of children over 14 years at work; (c) preparation of a comprehensive data base on child labour; (d) enlarge capacity of vocational training, consulting and income opportunities; and (e) sensitize the public. The Committee notes that the sectoral committee is in the process of preparing the sectoral paper. It asks the Government to provide a copy of the sectoral paper once it is finalized.

Article 2

1. Scope of application. The Committee notes that, in accordance with section 7, subsection (1), of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, no person shall employ a child in a public or private industrial undertaking or in a branch thereof. It also notes that section 13, subsection (1) of the Act, included in Part III regulating employment other than employment in industrial undertakings and at sea, provides that no child shall be employed. The Committee observes that by virtue of these provisions, the Employment of Women, Young Persons and Children Act, No. 47 of 1956 applies only to a labour relationship. It stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children who are not bound by a labour relationship, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that in its second periodic report to the Committee on the Rights of the Child in November 2002 (CRC/C/Add.17, Para. 243), the Government indicated that the minimum age for admission to employment in all sectors other than the plantation sector is 14 years and that action is being taken to raise the age of employment in the plantation sector from 10 to 14 years. The Committee observes that the minimum age for admission to employment or work of 14 years was specified by Sri Lanka at the time of ratification. It reminds the Government that by virtue of Article 2, paragraph 1, of the Convention, the minimum age for admission to employment or work shall apply to employment or work in any occupation, subject to Articles 4 to 8 of this Convention. The Committee asks the Government to indicate the measures taken or envisaged to ensure that no child under 14 years of age shall be admitted to work in the plantation sector.

3. Reason to specify a minimum age of 14 years. As indicated above, the minimum age for admission to employment or work of 14 years was specified by Sri Lanka at the time of ratification. The Committee notes the information provided by the Government in its first report, according to which the specification of a minimum age of 14 years was decided at a national tripartite workshop held in February 1999, with the technical assistance of the ILO. Thus, with the view to fixing the minimum age of 14 years for admission to employment, the organizations of employers and workers concerned were consulted, in conformity with Article 2, paragraph 4, of the Convention. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

4. Age of completion of compulsory schooling. In its first report, the Government indicates that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is up to the junior secondary level. The Committee requests the Government to provide a copy of the Education Ordinance and regulations made under the Ordinance.

Article 3

1. Minimum age for admission to hazardous work. The Committee notes the information provided by the Government in its report, according to which section 19 of the Employment of Women, Young Persons and Children Act No. 47 of 1956, has been amended by Act No. 8 of 2003, and that the amended law prohibits young persons under the age of 18 years from taking part in any public performance in which their lives or limbs are endangered. The Committee observes that section 19 of the Act concerns only performances in which the lives or limbs of young persons are endangered and that it is not specific to hazardous work in general. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed or work in hazardous work.

2. Determination of types of hazardous work. The Committee notes the information provided by the Government in its report, according to which the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) has been set up under the Chairmanship of the Secretary, Ministry of Employment and Labour, and that the NSC has appointed a subcommittee on 22 November 2001 to determine the types of child labour likely to harm the health, safety or morals of children. Both these committees consist of representatives of the Government, the employers and the workers. The Committee notes with interest the Government’s indication that the subcommittee has identified 25 types of work or occupations likely to harm the health, safety or morals of children. It also takes note of the report of the subcommittee to determine the types of child labour likely to harm the health, safety or morals of children, transmitted by the Government along with its last report. Moreover, it notes the Government’s indication that this report will be discussed with the representatives of the organizations of workers and employers at national tripartite forums such as the National Labour Advisory Council, workshops and seminars, and that, after having due tripartite consultations, the Minister of Employment and Labour may introduce new regulations under paragraphs (b) and (c) of subsection (1) of section 14 of the Employment of Women, Young Persons and Children Act No. 47 of 1956. The Committee asks the Government to provide a copy of these regulations which would determine the types of work or occupations prohibited for children under 18, as soon as they are adopted.

3. Authorization to work as from the age of 16 years. The Government indicates that section 20 of Act No. 47 of 1956, has been amended by Act No. 8 of 2003 to prohibit the training of children and persons under the age of 16 years to take part in performances of a dangerous nature. It also notes that under section 43 (2), of the Mines and Minerals Act, No. 4 of 1973, no young person who has not completed the age of 16 years shall work or be engaged or permitted to work underground in any mine. Moreover, in accordance with subsection (3) of section 43 of the Act, on the application of any young person who has completed the age of 16 years and who wishes to work in a mine, the medical officer shall examine the young person, and if he is satisfied that that person has completed 16 years of age and is fit for a full day’s work in a mine, shall issue a certificate of fitness, accordingly. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to indicate the measures taken or envisaged to ensure that young persons who have completed 16 years and who wish to take part in performances of a dangerous nature (section 20 of Act No. 47 of 1956 ,as amended by Act No. 8 of 2003), or who wish to work underground in a mine (section 43(2) of the Mines and Minerals Act, No. 4 of 1973) receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 4. Exclusion of limited categories of employment or work from the scope of application. The Committee notes the information provided by the Government in its first report that "family work" has been excluded from the Convention and all parties to the National Tripartite Workshop held in February 1999 had been consulted. It also notes the Government’s indication in its second report that its position remains the same. The Committee recalls that Article 4, paragraph 2, of the Convention not only requires to list in a first report any categories which may have been excluded but also to state the reasons for such exclusions. The Committee requests the Government to provide information on the reasons for which "family work" has been excluded from the scope of the Convention. It also draws the Government’s attention to Article 4, paragraph 3, of the Convention according to which employment or work covered by Article 3 of this Convention (hazardous work) shall not be excluded from the application of the Convention in pursuance of Article 4.

Article 6. Vocational training. The Committee notes that under the terms of section 7(2)(b) of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, the minimum age of 14 years shall not apply to the work done by children in technical schools if such work is approved and supervised by a public authority. It also notes that according to section 9(2)(b) of Act No. 47 of 1956, the prohibition of employment of children under the age of 15 years in a ship shall not apply to work done by persons under the age of 15 years on school ships or training ships if such work is approved and supervised by the public authority. Moreover, by virtue of section 14(1)(b) of Act No. 47 of 1956, as amended by Act No. 8 of 2003, a child may not be employed except in any school or other institution supervised by a public authority and imparting technical education or other training for the purpose of any trade or occupation. The Committee asks the Government to provide information on the conditions prescribed by the public authority for work done by children in technical schools.

Article 7. Light work. The Committee notes that in its reports, the Government states that the employment of children under the age of 14 years is totally prohibited by national law. The Committee nonetheless observes that according to the 1999 Child Activity Survey, it appears that quite a number of children under 14 years are economically active in some way or another. The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 8. Artistic performances. The Committee notes that according to the Government’s reports, no use has been made of the exceptions permitted by this Article by way of legislation. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 14 years appear in activities such as artistic performances in practice.

Article 9

1. Appropriate penalties. The Committee notes with interest the Government’s indication that the penal provisions of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, have been amended by Act No. 8 of 2003 in order to increase the maximum fine from Rs.1,000.00 to Rs 10,000.00, and the maximum imprisonment period from 6 months to 12 months.

2. Persons required to comply with the provisions giving effect to the Convention and those liable to sanctions. The Committee notes that the Employment of Women, Young Persons and Children Act, No. 47 of 1956 (subsection 2 of sections 5, 7-9, 13, 14, 17-22, 24-26 and 30) provides for appropriate penalties to ensure its effective enforcement. The Committee reminds the Government that under Article 9, paragraph 2 of the Convention, national laws or regulations or the competent authority shall define the persons responsible for compliance with the provisions giving effect to the Convention. The Committee requests the Government to specify the persons required to comply with the provisions giving effect to the Convention and those liable to sanctions.

Part V of the report form. The Committee notes that in its concluding observations on the second periodic report of Sri Lanka (CRC/C/15/Add.207, Paras. 49 and 50), the Committee on the Rights of the Child expressed its concern about the high proportion of children, including very young children, working as domestic servants, in the plantation sector, on the street and in other parts of the informal sector. The Committee on the Rights of the Child recommended that Sri Lanka continue its efforts to eliminate child labour, in particular by addressing the root causes of child economic exploitation through poverty eradication and access to education, as well as by developing a comprehensive child labour monitoring system in collaboration with NGOs, community-based organizations, law enforcement personnel, labour inspectors and ILO/IPEC. The Committee notes in effect that child labour is widespread in Sri Lanka. The ILO/IPEC supported the Child Activity Survey conducted in 1999, estimates that there are 475,531 working children between the ages of 5-14 years, out of which 91,615 are under the age of 9 years or younger. These children work in domestic services, coconut fibre production, fishing, wrapping tobacco, street trading and farming. The Survey reveals that out of the total children’s population between the ages of 5-17 years, 10 per cent do not attend schools and the school dropouts are increasing every year. Children vulnerable to child labour belong to poverty groups in low-income urban neighbourhoods, remote rural villages, new settlements and tea plantations. The working conditions, both in industry and plantation agriculture, are often poor and there are instances where the child worker’s health and safety are at risk.

The Committee notes the information provided by the Government in its report that the Department of Labour has intensified prosecutions relating to child labour. According to annual statistics on the number of prosecutions, there is a clear indication of the intensified enforcement activities by the Department of Labour. The number of prosecutions passed from 2 in 1997 to 42 in 2001 and to 22 for 2003 (up to 31 July). The Government indicates that one significant contributory factor that helped in the number of prosecutions is the partnership developed amongst the officers of the Department of Labour, Department of Police and the Department of Probation and Child Care Services. Capacity building of the officers of these three departments through training programmes carried out with the assistance of the ILO/IPEC programme is another important factor. According to the Government’s report, the training programmes not only developed the knowledge and skill but also developed a close relation amongst the officers of the three departments which facilitated enhancing effectiveness and efficiency of the enforcement machinery.

The Committee notes with interest that Sri Lanka signed a Memorandum of Understanding (MOU) with IPEC in 1996 and that a National Steering Committee was set up in 1997 by the Ministry of Labour so as to direct the ILO/IPEC country programme to eliminate child labour. Action programmes for the eradication of child labour, awareness raising on child abuse for school children, the elimination of child labour in conflict-affected areas are some of the activities organized under the ILO/IPEC programme to date. It notes the document concerning programmes implemented throughout the country within the last two years by relevant ministries, departments, NGOs, trade unions, employers’ organizations and annexed to the Government’s report. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extract from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee requests the Government to provide information on progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.