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

Direct Request (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 this year (see Article 7(2)(d) on street children), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Clauses (a) and (c). Access to free basic education. Plantation Tamils.  The Committee previously noted that, according to the Committee on the Elimination of Racial Discrimination, Tamils of Indian origin, also referred to as “Plantation Tamils” lacked quality education, and suffered from higher dropout and child labour rates than the national average. It requested the Government to provide information on the measures taken to ensure access to free basic education, particularly for Plantation Tamil children.

The Committee notes the Government’s information that the 13 Years Guaranteed Education Programme aims at ensuring that vulnerable children and children who are more likely to drop out of school attend school. The Government specifies that in 2017 the programme was implemented in 42 schools. In the same year, the school census identified 845 schools in the plantation areas, accommodating 209,057 students.  The Committee encourages the Government to pursue its efforts to ensure access to free basic education for all, including for Plantation Tamils children, and to continue to provide information on the measures taken in this regard, including on the activities conducted and the results achieved in the framework of the 13 Years Guaranteed Education Programme. Please provide information on the number of children reached by the programme, disaggregated by gender and age, indicating how many of them are Tamils of Indian origin.

Clause (d). Identifying and reaching out to children at special risk. Street children.  The Committee notes that the National Plan of Action (NPA) for Children in Sri Lanka 2016–20 identifies children living or working in the streets as a key issue. This plan specifies that these children are sometimes begging or engaged in child prostitution. Accordingly, the Government has developed a Plan of Action for Street Children, which aims at preventing children from living or working in the streets and at providing care and protection for all street children.

The Committee further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence (SGBV) in Sri Lanka 2016–20 provides for the design and implementation of a special programme to address the issue of street children, with the involvement of relevant agencies, including the development of a status report on street children in the country. The Committee notes the Government’s information in its supplementary report that the NPA for children and the SGBV are implemented with the active involvement of multiple stakeholders. The Government further provides an official website link to the progress report of the SGBV action plan. However, the Committee observes that the progress report does not appear to have any information on the measures taken to address the issue of street children. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour. In this regard, it requests the Government to indicate the concrete measures taken to address the issue of street children within the framework of the Plan of Action for Street Children and of the Policy Framework and National Plan of Action to address SGBV 2016–20 and the results achieved. The Committee also requests the Government to supply information on the number of street children protected and removed from the streets as well as on the measures in place to provide assistance for their rehabilitation and social integration.

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 this year (see Articles 6 and 7(2)(a) and (b) on commercial sexual exploitation of children) as well as on the basis of the information at its disposal in 2019.

Article 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(2)(a) and (b). Sale and trafficking of children and effective time-bound measures for prevention, assistance and removal from the worst forms of child labour. The Committee previously noted 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 Government also stated that 11 “places of safety” for child victims of trafficking were maintained at the provincial level, and that the Ministry of Justice established a National Anti-Human Trafficking Task Force. Moreover, it indicated that in 2016–17, prosecutors have been able to secure six convictions for trafficking of children. The Committee requested 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. It also requested the Government to continue to prove information on the number of persons prosecuted, convicted and sentenced with regard to cases involving trafficking of children.

The Government indicates in its report that it has taken various measures to prevent trafficking in persons, including the development of training and awareness raising programmes and campaigns for government officials and the general public. The Government further indicates the adoption of the National Strategy Plan to Monitor and Combat Human Trafficking 2015–19. The implementation of this Strategy Plan is a key responsibility of the National Anti-Human Trafficking Task Force led by the Ministry of Justice. The Government further states that the task force is in charge of monitoring and strengthening the coordination among state actors, increasing victim identification and prosecutions, and improving the protection accorded to victims. The Government also indicates that during the reporting period, two suspected cases of trafficking in children for labour or commercial sexual exploitation were reported to the Sri Lanka Police. The Committee notes that, according to the statistics of the National Child Protection Authority, in 2018, 125 cases of trafficking were reported to it. It notes the Government’s indication, in its report to the United Nations Committee on the Rights of the Child (CRC) under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) of April 2019, that there is a special unit in the Sri Lanka Police to investigate complaints relating to trafficking of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 4).  While taking due note of the measures taken by the Government to prevent trafficking in children, the Committee requests it to take the necessary measures to ensure that perpetrators of trafficking of children are effectively prosecuted and that sufficiently effective and dissuasive penalties are imposed on them in practice, and to supply information in this respect. It also requests the Government to provide information on the number of child victims of trafficking identified by the special unit in the Police established for this purpose. Noting the absence of information from the Government on this point, the Committee once again requests it to indicate the number of these children who have benefited from the services provided by the safe houses, certified schools and national training and counselling centres.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. In its previous comments, the Committee noted that sections 286A, 288A, 360A and 360B of the Penal Code, as amended, prohibited the use, procuring or offering of children for prostitution, and for pornographic performances. It noted the high incidence of children in prostitution. The Committee therefore urged the Government to strengthen its efforts to ensure that perpetrators were brought to justice, thorough investigations and prosecutions of perpetrators were carried out, and sufficiently effective and dissuasive penalties were imposed in practice.

The Committee notes the Government’s indication that although there is a prevalence of child prostitution in certain areas of the country, there is an absence of accurate statistics in this regard. It indicates, in its Policy on Elimination of Child Labour in Sri Lanka (2017), that the sexual exploitation of children among young boys (the “beach boy” phenomenon) in tourism is of high concern because of the rapid increase in tourism and the willingness to expand it further. The Government also states, in its report to the CRC under the OPSC of October 2018, that issues pertaining to child prostitution and child pornography are critical, with increasing access to information and communication technologies which have brought with them the concern that children will be exposed to harm through these platforms (CRC/C/OPSC/LKA/1, paragraph 2). In this report, it further indicates that a national database on complaints received by the police desks, containing a special segment on complaints relating to sexual exploitation and pornography, has been established (paragraph 59).

The Committee further notes that, in its report to the CRC under the OPSC of April 2019, the Government indicates that the Sri Lanka Police identified in 2018 nine cases of child pornography and seven cases of procuration of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 2). It observes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern at the low prosecution rates and a high number of pending cases, and reports of official complicity in relation to cases of child prostitution and child pornography (CRC/C/OPSC/LKA/CO/1, paragraph 29).  The Committee therefore urges the Government to take the necessary measures to combat child prostitution and child pornography, by ensuring that sections 286A, 288A, 360A and 360B of the Penal Code are effectively applied through investigations and prosecutions of persons suspected of using, procuring or offering children for prostitution, the production of pornography or pornographic performances, including State officials suspected of complicity. The Committee requests the Government to provide information on the application of these sections in practice, indicating in particular the information from the database on complaints relating to prostitution and pornography involving children, the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. The Committee previously noted that, according to the 2015–16 Child Activity Survey, 0.9 per cent of children aged 5–17 years (39,007 children) are engaged in hazardous work. The Government stated however that no incidents of hazardous work by children had been detected in the formal economy. The Committee further noted the Government’s information that a committee had been appointed by the Commissioner General of Labour to revise the list of hazardous work according to international standards. It requested the Government to pursue its efforts to ensure the protection of children from hazardous types of work, including in the informal economy, and to provide information on the adoption of the new list of hazardous types of work.

The Committee notes the Government’s information that, in 2018, 472 workplaces were inspected specifically for hazardous work performed by children and for child labour, through a special group inspection programme, following which one instance of hazardous work by children was identified. The Government indicates that awareness-raising activities were conducted, targeting inter alia all the district child development committees, and the field staff of the Department of Manpower and Employment in the five most child labour prevalent districts, to eliminate hazardous work by children. The Committee takes due note of the Government’s indication that the new draft regulation for hazardous occupations, consisting of 77 types of hazardous work, has been finalized in 2018 and approved by the Cabinet of Ministers. The Government also indicates that it will supply a copy of the regulation, once adopted.

The Committee takes note of the National Action Plan for the Protection and Promotion of Human Rights 2017–21, which includes activities to eliminate effectively the hazardous forms of child labour.  The Committee encourages the Government to pursue its efforts to ensure that children under 18 years of age are not engaged in work that is harmful to their health, safety or morals, and to continue to provide information on the measures taken in this regard. It requests the Government to ensure that the new draft regulation for hazardous occupations will be adopted in the near future, and to provide a copy of the list once it has been adopted.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time bound measures for prevention, assistance and removal of children from the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted the Government’s statement that awareness-raising programmes were delivered to the public and tourists to promote child-safe tourism and that 360 hotel staff members had received child protection awareness training in this regard. The Committee accordingly encouraged the Government to strengthen its efforts to combat child sex tourism.

The Committee notes the Government’s indication that, in 2016, the National Child Protection Authority has initiated targeted programmes related to the zero tolerance policy of the Government regarding child-sex tourism for foreigners in Bentota and Kalutara, two coastal cities of the country. The Government also states that programmes to combat child labour and child-sex tourism have been conducted for 1,893 beneficiaries in the plantation sector and for education and health staff.

The Committee observes that one of the objectives of the National Plan of Action for Children in Sri Lanka 2016–20 is to protect children from all forms of sexual exploitation in relation to trafficking, sale and commercial sex networks, and to respond to the needs of such children for rehabilitation. It also takes note of the Policy Framework and National Plan of Action to address Sexual and Gender based Violence in Sri Lanka 2016–20, which focuses, inter alia, on preventing the commercial sexual exploitation of children, by raising awareness against this phenomenon, strengthening the existing mechanism of detection and responding to complaints. The Committee notes the Government’s information, in its report to the CRC under the OPSC of October 2018, that with regard to the online safety of children including from pornography, it is developing programmes to raise awareness among children (CRC/C/OPSC/LKA/1, paragraph 58). However, the Committee notes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern about reported cases of parents encouraging children, particularly girls, to enter the sex industry (CRC/C/OPSC/LKA/CO/1, paragraph 19). In this regard, the Committee notes the Government’s information in its supplementary report that in 2018, four legal actions were initiated for the offences related to the commercial sexual exploitation of children and in 2019 and from January to 31 August 2020, seven legal actions each were initiated. Taking due note of the measures taken by the Government, the Committee requests it to pursue its efforts to eliminate the commercial sexual exploitation of children, as well as to prevent the engagement of children in commercial sexual exploitation and to provide direct assistance for the removal, rehabilitation and social integration of child victims of commercial sexual exploitation. It also requests the Government to provide information on the number of children who have been removed from commercial sexual exploitation and who have been rehabilitated and socially integrated.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 7(2) of the Convention. Clauses (a) and (c). Access to free basic education. Plantation Tamils. The Committee previously noted that, according to the Committee on the Elimination of Racial Discrimination, Tamils of Indian origin, also referred to as “Plantation Tamils” lacked quality education, and suffered from higher dropout and child labour rates than the national average. It requested the Government to provide information on the measures taken to ensure access to free basic education, particularly for Plantation Tamil children.

The Committee notes the Government’s information that the 13 Years Guaranteed Education Programme aims at ensuring that vulnerable children and children who are more likely to drop out of school attend school. The Government specifies that in 2017 the programme was implemented in 42 schools. In the same year, the school census identified 845 schools in the plantation areas, accommodating 209,057 students. The Committee encourages the Government to pursue its efforts to ensure access to free basic education for all, including for Plantation Tamils children, and to continue to provide information on the measures taken in this regard, including on the activities conducted and the results achieved in the framework of the 13 Years Guaranteed Education Programme. Please provide information on the number of children reached by the programme, disaggregated by gender and age, indicating how many of them are Tamils of Indian origin.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the National Plan of Action for Children in Sri Lanka 2016–20 identifies children living or working in the streets as a key issue. This plan specifies that these children are sometimes begging or engaged in child prostitution. Accordingly, the Government has developed a Plan of Action for Street Children, which aims at preventing children from living or working in the streets and at providing care and protection for all street children.

The Committee further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence (SGBV) in Sri Lanka 2016–20 provides for the design and implementation of a special programme to address the issue of street children, with the involvement of relevant agencies, including the development of a status report on street children in the country. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour. In this regard, it requests the Government to indicate the results of the Plan of Action for Street Children established in the framework of the National Plan of Action for Children 2016–20, and of the Policy Framework and National Plan of Action to address SGBV 2016–20. The Committee also requests the Government to supply information on the number of street children protected and removed from the streets as well as on the measures in place to provide assistance for their rehabilitation and social integration.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(2)(a) and (b). Sale and trafficking of children and effective time-bound measures for prevention, assistance and removal from the worst forms of child labour. The Committee previously noted 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 Government also stated that 11 “places of safety” for child victims of trafficking were maintained at the provincial level, and that the Ministry of Justice established a National Anti-Human Trafficking Task Force. Moreover, it indicated that in 2016–17, prosecutors have been able to secure six convictions for trafficking of children. The Committee requested 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. It also requested the Government to continue providing information on the number of persons prosecuted, convicted and sentenced with regard to cases involving trafficking of children.

The Government indicates in its report that it has taken various measures to prevent trafficking in persons, including the development of training and awareness raising programmes and campaigns for government officials and the general public. The Government further indicates the adoption of the National Strategy Plan to Monitor and Combat Human Trafficking 2015–19. The implementation of this Strategy Plan is a key responsibility of the National Anti-Human Trafficking Task Force led by the Ministry of Justice. The Government further states that the task force is in charge of monitoring and strengthening the coordination among state actors, increasing victim identification and prosecutions, and improving the protection accorded to victims. The Government also indicates that during the reporting period, two suspected cases of trafficking in children for labour or commercial sexual exploitation were reported to the Sri Lanka Police. The Committee notes that, according to the statistics of the National Child Protection Authority, in 2018, 125 cases of trafficking were reported to it. It notes the Government’s indication, in its report to the United Nations Committee on the Rights of the Child (CRC) under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) of April 2019, that there is a special unit in the Sri Lanka Police to investigate complaints relating to trafficking of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 4). While taking due note of the measures taken by the Government to prevent trafficking in children, the Committee requests it to take the necessary measures to ensure that perpetrators of trafficking of children are effectively prosecuted and that sufficiently effective and dissuasive penalties are imposed on them in practice, and to supply information in this respect. It also requests the Government to provide information on the number of child victims of trafficking identified by the special unit in the Police established for this purpose. Noting the absence of information from the Government on this point, the Committee once again requests it to indicate the number of these children who have benefited from the services provided by the safe houses, certified schools and national training and counselling centres.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. In its previous comments, the Committee noted that sections 286A, 288A, 360A and 360B of the Penal Code, as amended, prohibited the use, procuring or offering of children for prostitution, and for pornographic performances. It noted the high incidence of children in prostitution. The Committee therefore urged the Government to strengthen its efforts to ensure that perpetrators were brought to justice, thorough investigations and prosecutions of perpetrators were carried out, and sufficiently effective and dissuasive penalties were imposed in practice.

The Committee notes the Government’s indication that although there is a prevalence of child prostitution in certain areas of the country, there is an absence of accurate statistics in this regard. It indicates, in its Policy on Elimination of Child Labour in Sri Lanka (2017), that the sexual exploitation of children among young boys (the “beach boy” phenomenon) in tourism is of high concern because of the rapid increase in tourism and the willingness to expand it further. The Government also states, in its report to the CRC under the OPSC of October 2018, that issues pertaining to child prostitution and child pornography are critical, with increasing access to information and communication technologies which have brought with them the concern that children will be exposed to harm through these platforms (CRC/C/OPSC/LKA/1, paragraph 2). In this report, it further indicates that a national database on complaints received by the police desks, containing a special segment on complaints relating to sexual exploitation and pornography, has been established (paragraph 59).

The Committee further notes that, in its report to the CRC under the OPSC of April 2019, the Government indicates that the Sri Lanka Police identified in 2018 nine cases of child pornography and seven cases of procuration of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 2). It observes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern at the low prosecution rates and a high number of pending cases, and reports of official complicity in relation to cases of child prostitution and child pornography (CRC/C/OPSC/LKA/CO/1, paragraph 29). The Committee therefore urges the Government to take the necessary measures to combat child prostitution and child pornography, by ensuring that sections 286A, 288A, 360A and 360B of the Penal Code are effectively applied through thorough investigations and prosecutions of persons suspected of using, procuring or offering children for prostitution, the production of pornography or pornographic performances, including State officials suspected of complicity. The Committee requests the Government to provide information on the application of these sections in practice, indicating in particular the information from the database on complaints relating to prostitution and pornography, the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. The Committee previously noted that, according to the 2015–16 Child Activity Survey, 0.9 per cent of children aged 5–17 years (39,007 children) are engaged in hazardous work. The Government stated however that no incidents of hazardous work by children had been detected in the formal economy. The Committee further noted the Government’s information that a committee had been appointed by the Commissioner General of Labour to revise the list of hazardous work according to international standards. It requested the Government to pursue its efforts to ensure the protection of children from hazardous types of work, including in the informal economy, and to provide information on the adoption of the new list of hazardous types of work.

The Committee notes the Government’s information that, in 2018, 472 workplaces were inspected specifically for hazardous work performed by children and for child labour, through a special group inspection programme, following which one instance of hazardous work by children was identified. The Government indicates that awareness-raising activities were conducted, targeting inter alia all the district child development committees, and the field staff of the Department of Manpower and Employment in the five most child labour prevalent districts, to eliminate hazardous work by children. The Committee takes due note of the Government’s indication that the new draft regulation for hazardous occupations, consisting of 77 types of hazardous work, has been finalized in 2018 and approved by the Cabinet of Ministers. The Government also indicates that it will supply a copy of the regulation, once adopted.

The Committee takes note of the National Action Plan for the Protection and Promotion of Human Rights 2017–21, which includes activities to eliminate effectively the hazardous forms of child labour. The Committee encourages the Government to pursue its efforts to ensure that children under 18 years of age are not engaged in work that is harmful to their health, safety or morals, and to continue to provide information on the measures taken in this regard. It requests the Government to ensure that the new draft regulation for hazardous occupations will be adopted in the near future, and to provide a copy of the list once it has been adopted.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time bound measures for prevention, assistance and removal of children from the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted the Government’s statement that awareness-raising programmes were delivered to the public and tourists to promote child-safe tourism and that 360 hotel staff members had received child protection awareness training in this regard. The Committee accordingly encouraged the Government to strengthen its efforts to combat child sex tourism.

The Committee notes the Government’s indication that, in 2016, the National Child Protection Authority has initiated targeted programmes related to the zero tolerance policy of the Government regarding child-sex tourism for foreigners in Bentota and Kalutara, two coastal cities of the country. The Government also states that programmes to combat child labour and child-sex tourism have been conducted for 1,893 beneficiaries in the plantation sector and for education and health staff.

The Committee observes that one of the objectives of the National Plan of Action for Children in Sri Lanka 2016–20 is to protect children from all forms of sexual exploitation in relation to trafficking, sale and commercial sex networks, and to respond to the needs of such children for rehabilitation. It also takes note of the Policy Framework and National Plan of Action to address Sexual and Gender based Violence in Sri Lanka 2016–20, which focuses, inter alia, on preventing the commercial sexual exploitation of children, by raising awareness against this phenomenon, strengthening the existing mechanism of detection and responding to complaints. The Committee notes the Government’s information, in its report to the CRC under the OPSC of October 2018, that with regard to the online safety of children including from pornography, it is developing programmes to raise awareness among children (CRC/C/OPSC/LKA/1, paragraph 58). However, the Committee notes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern about reported cases of parents encouraging children, particularly girls, to enter the sex industry (CRC/C/OPSC/LKA/CO/1, paragraph 19). Taking due note of the measures taken by the Government, the Committee requests it to pursue its efforts to eliminate the commercial sexual exploitation of children, as well as to prevent the engagement of children in commercial sexual exploitation and to provide direct assistance for the removal, rehabilitation and social integration of child victims of commercial sexual exploitation. It also requests the Government to provide information on the number of children who have been removed from commercial sexual exploitation and who have been rehabilitated and socially integrated.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibited a wide range of activities associated with prostitution, including the use, procuring or offering of minors under 18 years of age for prostitution. The Committee also noted the high incidence of exploitation of approximately 40,000 children in prostitution, that no comprehensive data was available on child sexual exploitation, and that no central body was established to monitor the investigation and prosecution of child sexual exploitation cases. In an effort to address these issues, the Government mentioned that several initiatives and measures had been taken against the sexual exploitation of children and that it had established a women and children police desk at the district level consisting of police officers specially trained to deal with the incidence of sexual exploitation of children.

The Committee notes from the Government’s statement, in its report, that in 2015, there were nine reported cases of commercial sexual exploitation of children and seven convictions, and in 2016, there were four reported cases and one conviction. The Committee notes with concern the low number of convictions in light of the high incidence of children in prostitution. The Committee therefore urges the Government to strengthen its efforts to ensure that perpetrators are brought to justice and that thorough investigations and robust prosecutions of perpetrators are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children.

Clause (d) and Article 4(1). Hazardous work. The Government previously stated that around 65,000 labour inspections were carried out annually and that no incidents of hazardous work by children had been detected in the formal economy. The Committee noted, however, from a Child Activity Survey, that out of the total child population of 107,259 reported to be in child labour, 63,916 children (1.5 per cent) between the ages of 5 to 17 years were engaged in hazardous work.

The Committee notes the Government’s indication that to protect children from hazardous forms of child labour, advocacy activities have been directed towards parents and employers. It also notes that according to the 2015–16 Child Activity Survey, 2.3 per cent of children aged 5–17 years are engaged in child labour, of which 0.9 per cent in hazardous work (down from 1.5 per cent in 2008). However, the Government indicates that labour inspections have been planned and undertaken in work places where hazardous jobs are carried out (388 inspections in 2016), and that there were no findings of child labour in the formal economy resulting from these inspections. The Government further indicates that a committee has been appointed by the Commissioner General of Labour to revise the list of hazardous work according to international standards. It also notes the ILO Decent Work Country Programme with Sri Lanka (DWCP 2013–17) which includes among other priorities, the reduction of the worst forms of child labour (outcome 3.2). In the framework of the DWCP 2013–17, the Ministry of Women and Child Affairs collaborated with the ILO Decent Work Country Team to deliver five awareness-raising programmes on hazardous forms of child labour, targeting school children, principals, teachers and parents. The Committee requests the Government to pursue its efforts to ensure the protection of children from hazardous work, including in the informal economy, and to provide information on the measures taken in this regard and on the results achieved. It also requests the Government to provide information on the adoption of the new list of hazardous work and to provide a copy once it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted that Sri Lanka remained a common destination for child-sex tourism, with a high number of boys being sexually exploited by tourists. The Committee noted that, according to the document entitled “Sri Lanka’s Roadmap 2016 on the worst forms of child labour: From commitment to action”, one of the strategies of the 2016 Roadmap was to promote child-safe tourism. The document also indicated that Sri Lanka’s Ten-Year Horizon Development Framework 2006–16 (Mahinda Chintana), which is vigorously tackling many of the root causes of child labour, aims to strengthen security against tourism-related crimes, including combating child-sex tourism through strict police vigilance and awareness-raising programmes. However, the Committee noted from the same document that the “beach boy” phenomenon along with the issue of paedophilia has been known for a long time along the south-western coastal belt of Sri Lanka. The Committee further noted the comments made by the National Trade Union Federation that the commercial sexual exploitation of children takes place mainly in seaside tourist resorts and the hidden nature of these offences curtails complaints or facts from coming to light.

The Committee notes the Government’s statement that awareness-raising programmes are delivered to the public and tourists in tourist areas to promote child-safe tourism. In this regard, 360 hotel staff members have received child protection awareness training. The Committee encourages the Government to strengthen its efforts to combat child-sex tourism. Noting the lack of information provided in this regard, the Committee once again requests the Government to provide information on the implementation of the strategies of the 2016 Roadmap in promoting child-safe tourism as well as the measures taken within the framework of the Mahinda Chintana in combating child-sex tourism.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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. Following its previous comments, the Committee notes the Government’s information contained in its report under the Forced Labour Convention, 1930 (No. 29), that the Ministry of Child Development and Women’s Affairs under the direction of the task force has established a government-run shelter and safe houses such as “Women in Need” and “Salvation Army” for victims of human trafficking, which provide medical and psychological assistance to such victims. With regard to child victims of trafficking, the Committee notes the Government’s information that rescued victims of child trafficking who are in need of care and protection are referred to certified schools. Furthermore, the Department of Probation and Child Care Services provides safe shelter and psychological assistance to victims of the worst forms of child labour. 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 requests the Government to provide information on 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.

Application of the Convention in practice. The Committee notes from the Government’s report under Convention No. 29 that the Women and Children Police Desk carried out investigations into four cases of child trafficking during the period of March 2012 to April 2013 and that the cases are still ongoing. The Committee also notes that, since 2009, the Criminal Investigations Department has investigated 61 cases of human trafficking, while the Attorney-General’s Department has received 191 suspected cases of human trafficking of which 645 indictments have been filed in the court. In addition, the Committee notes from the Government’s fifth periodic report of 31 January 2013 to the Human Rights Committee that Sri Lanka recorded its first human trafficking conviction in May 2011 which sentenced three persons, including one foreign national, to nine years of rigorous imprisonment along with a fine. The report further indicates that the Attorney-General’s Department took steps to ensure that the foreign victims gave evidence before the High Court and ensured their repatriation to their home country with the assistance of the International Organization for Migration (CCPR/C/LKA/5, paragraph 297). The Committee requests the Government to continue providing information on the number of persons prosecuted, convicted and sentenced with regard to the cases involving the worst forms of child labour, in particular trafficking of children.

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 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibited a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years of age for prostitution. It also noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA). The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 69), expressed concern at the high incidence of exploitation of approximately 40,000 children in prostitution, that no comprehensive data were available on child sexual exploitation, and that no central body was established to monitor the investigation and prosecution of child sexual exploitation cases.

The Committee notes the Government’s information that several initiatives and measures have been taken against the sexual exploitation of children, such as: the development of a national plan of action to combat trafficking in children for sexual and labour exploitation; the establishment of a children’s council throughout the island; and the establishment of a special committee to look into the issue of reducing the duration of judicial proceedings relating to child sexual exploitation. The Committee also notes the information provided by the Government in its fifth periodic report of 31 January 2013 to the Human Rights Committee (CCPR/C/LKA/5, paragraph 294), that it has established a women and children police desk at district level consisting of specially trained police officers to deal with the incidence of sexual exploitation of children. The Committee further notes from the Government’s report that, as per the data collected from the police unit and the NCPA, in 2012, 53 cases of commercial sexual exploitation of children were reported while, in 2013, 30 cases were reported. The Committee urges the Government to continue its efforts to combat the commercial sexual exploitation of children and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children.

Clause (d) and Article 4(1). Hazardous work. The Committee previously requested the Government to provide information on the application in practice of section 20A of the Employment of Women, Young Persons, and Children Act of 2006, which prohibits the employment of children under the age of 18 years in any hazardous occupation.

The Committee notes the Government’s statement that around 65,000 labour inspections are carried out annually and no incidents of hazardous work by children have been detected in the formal economy. The Committee notes, however, that, according to the findings of the Child Activity Survey 2009, out of the total child population of 107,259 reported to be in child labour, 63,916 children (1.5 per cent) between the ages of 5 to 17 years are engaged in hazardous work. The incidence of hazardous forms of child labour is highest in the manufacturing industries followed by the service and agricultural industries. Noting that a large number of children under the age of 18 years are involved in hazardous work in Sri Lanka, the Committee urges the Government to take immediate and effective measures to ensure their protection from hazardous work, including in the informal economy. It also requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted that the CRC, in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 71), expressed concern that Sri Lanka remained a common destination for child-sex tourism, with a high number of boys being sexually exploited by tourists. The CRC also expressed concern that the police lacked the necessary technical expertise to combat child-sex tourism; that the Cyber-Watch programme to monitor the Internet for child pornography and crimes related to child-sex tourism was discontinued; and that the Cyber Crimes Unit closed due to lack of funding.

The Committee notes that, according to the document entitled “Sri Lanka’s Roadmap 2016 on the Worst Forms of Child Labour from Commitment to Action”, one of the strategies of the 2016 Roadmap is to promote child-safe tourism. The document also indicates that Sri Lanka’s Ten-Year Horizon Development Framework 2006–16, called Mahinda Chintana, which is vigorously tackling many of the root causes of child labour, aims to strengthen security against tourism-related crimes, including combating child-sex tourism through strict police vigilance and awareness-raising programmes. However, the Committee notes from the same document that the beach boy phenomenon along with the issue of paedophilia has been known for a long time along the south western coastal belt of Sri Lanka. The Committee further notes the comments made by the NTUF that the commercial sexual exploitation of children takes place mainly in seaside tourist resorts and the very secretive nature of these offences curtails complaints or facts from coming to light. The Committee expresses its concern at the situation of children involved in child-sex tourism. The Committee, therefore, once again urges the Government to strengthen its efforts to combat child-sex tourism and to ensure that perpetrators are brought to justice. The Committee requests the Government to provide information on the implementation of the strategies of the 2016 Roadmap in promoting child-safe tourism as well as the measures taken within the framework of the Mahinda Chintana in combating child-sex tourism.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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. Following its previous comments, the Committee notes the Government’s information contained in its report under the Forced Labour Convention, 1930 (No. 29), that the Ministry of Child Development and Women’s Affairs under the direction of the task force has established a government-run shelter and safe houses such as “Women in Need” and “Salvation Army” for victims of human trafficking, which provide medical and psychological assistance to such victims. With regard to child victims of trafficking, the Committee notes the Government’s information that rescued victims of child trafficking who are in need of care and protection are referred to certified schools. Furthermore, the Department of Probation and Child Care Services provides safe shelter and psychological assistance to victims of the worst forms of child labour. 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 requests the Government to provide information on 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.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report under Convention No. 29 that the Women and Children Police Desk carried out investigations into four cases of child trafficking during the period of March 2012 to April 2013 and that the cases are still ongoing. The Committee also notes that, since 2009, the Criminal Investigations Department has investigated 61 cases of human trafficking, while the Attorney-General’s Department has received 191 suspected cases of human trafficking of which 645 indictments have been filed in the court. In addition, the Committee notes from the Government’s fifth periodic report of 31 January 2013 to the Human Rights Committee that Sri Lanka recorded its first human trafficking conviction in May 2011 which sentenced three persons, including one foreign national, to nine years of rigorous imprisonment along with a fine. The report further indicates that the Attorney-General’s Department took steps to ensure that the foreign victims gave evidence before the High Court and ensured their repatriation to their home country with the assistance of the International Organization for Migration (CCPR/C/LKA/5, paragraph 297). The Committee requests the Government to continue providing information on the number of persons prosecuted, convicted and sentenced with regard to the cases involving the worst forms of child labour, in particular trafficking of children.

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 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibited a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years of age for prostitution. It also noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA). The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 69), expressed concern at the high incidence of exploitation of approximately 40,000 children in prostitution, that no comprehensive data were available on child sexual exploitation, and that no central body was established to monitor the investigation and prosecution of child sexual exploitation cases.

The Committee notes the Government’s information that several initiatives and measures have been taken against the sexual exploitation of children, such as: the development of a national plan of action to combat trafficking in children for sexual and labour exploitation; the establishment of a children’s council throughout the island; and the establishment of a special committee to look into the issue of reducing the duration of judicial proceedings relating to child sexual exploitation. The Committee also notes the information provided by the Government in its fifth periodic report of 31 January 2013 to the Human Rights Committee (CCPR/C/LKA/5, paragraph 294), that it has established a women and children police desk at district level consisting of specially trained police officers to deal with the incidence of sexual exploitation of children. The Committee further notes from the Government’s report that, as per the data collected from the police unit and the NCPA, in 2012, 53 cases of commercial sexual exploitation of children were reported while, in 2013, 30 cases were reported. The Committee urges the Government to continue its efforts to combat the commercial sexual exploitation of children and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children.

Clause (d) and Article 4(1). Hazardous work. The Committee previously requested the Government to provide information on the application in practice of section 20A of the Employment of Women, Young Persons, and Children Act of 2006, which prohibits the employment of children under the age of 18 years in any hazardous occupation.

The Committee notes the Government’s statement that around 65,000 labour inspections are carried out annually and no incidents of hazardous work by children have been detected in the formal economy. The Committee notes, however, that, according to the findings of the Child Activity Survey 2009, out of the total child population of 107,259 reported to be in child labour, 63,916 children (1.5 per cent) between the ages of 5–17 years are engaged in hazardous work. The incidence of hazardous forms of child labour is highest in the manufacturing industries followed by the service and agricultural industries. Noting that a large number of children under the age of 18 years are involved in hazardous work in Sri Lanka, the Committee urges the Government to take immediate and effective measures to ensure their protection from hazardous work, including in the informal economy. It also requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted that the CRC, in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 71), expressed concern that Sri Lanka remained a common destination for child-sex tourism, with a high number of boys being sexually exploited by tourists. The CRC also expressed concern that the police lacked the necessary technical expertise to combat child-sex tourism; that the Cyber-Watch programme to monitor the Internet for child pornography and crimes related to child-sex tourism was discontinued; and that the Cyber Crimes Unit closed due to lack of funding.

The Committee notes that, according to the document entitled “Sri Lanka’s Roadmap 2016 on the Worst Forms of Child Labour from Commitment to Action”, one of the strategies of the 2016 Roadmap is to promote child-safe tourism. The document also indicates that Sri Lanka’s Ten-Year Horizon Development Framework 2006–16, called Mahinda Chintana, which is vigorously tackling many of the root causes of child labour, aims to strengthen security against tourism-related crimes, including combating child-sex tourism through strict police vigilance and awareness-raising programmes. However, the Committee notes from the same document that the beach boy phenomenon along with the issue of paedophilia has been known for a long time along the south western coastal belt of Sri Lanka. The Committee further notes the comments made by the NTUF that the commercial sexual exploitation of children takes place mainly in seaside tourist resorts and the very secretive nature of these offences curtails complaints or facts from coming to light. The Committee expresses its concern at the situation of children involved in child-sex tourism. The Committee, therefore, once again urges the Government to strengthen its efforts to combat child-sex tourism and to ensure that perpetrators are brought to justice. The Committee requests the Government to provide information on the implementation of the strategies of the 2016 Roadmap in promoting child-safe tourism as well as the measures taken within the framework of the Mahinda Chintana in combating child-sex tourism.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s statement that the country has achieved gender parity in primary education net enrolment rates with 90 per cent for girls, and 89 per cent for boys in the year 2009, and the primary education completion rate was 98.5 per cent. It also notes that according to the Annual School Census, the total enrolment at the secondary level in 2010 was 3,932,722 with a 2.66 per cent drop-out rate.

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. Following its previous comments, the Committee notes the Government’s information that an Anti-Human Trafficking Task Force (Task Force) has been established with the support of the International Organization for Migration, to accelerate the Government’s efforts in combating human trafficking. The Task Force aims to bring about active collaboration among law enforcement and other key agencies to ensure effective identification, investigation and prosecution of the crime related to trafficking in persons, and provides appropriate protection and services to the victims of trafficking. According to the Government’s report, the members of the Task Force meet once a month and share information and good practices among participating stakeholders. The Committee requests the Government to continue taking effective measures to combat trafficking in children. It also requests the Government to provide information on the impact of the initiatives taken by the Task Force in combating trafficking in children, in particular the number of children removed from trafficking as well as the rehabilitation and social integration measures adopted for those children.

Clause (d). Identify and reach out to children at risk. Children who have been affected by armed conflict. The Committee had previously noted with interest the measures taken by the Government with regard to the rehabilitation and reintegration of former child combatants. It had requested the Government to indicate the number of former child combatants who had been rehabilitated in the various centres established for that purpose.

The Committee notes the Government’s statement that the Commissioner General of Rehabilitation together with the National Child Protection Authority (NCPA) provided care and assistance to all the ex-child combatants in Sri Lanka. According to the Government’s report, in 2009, 128 children who were under the age of 18 years at the time of surrendering were re-unified with their families. The Committee also notes that as per the information provided by the Sri Lankan delegates at the 55th session of the Committee on the Rights of the Child (CRC) on Consideration of the Initial Report of Sri Lanka under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (Summary Record), the two rehabilitation centres established for child victims of war, housed 363 boys and 131 girls, all of whom were reunited with their families in 2010.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that the Department of Census and Statistics had conducted a Child Labour Survey and that it has been in the process of tabulating the data and preparing the report. The Committee notes from the Government’s report that the final report of this survey has not yet been published. The Committee further notes the statistical information provided by the Government with regard to the number of cases of worst forms of child labour reported to the Department of Labour (DOL) and the NCPA. According to this statistics, in 2009, nine cases of trafficking of children were reported to the NCPA, of which four cases were brought to trial. Similarly, nine cases related to child labour were reported in 2009 and in three cases investigations were pending. The Committee requests the Government to indicate the number of persons prosecuted, convicted and sentenced with regard to the cases involving the worst forms of child labour, in particular trafficking of children. It also requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible all information should be disaggregated by sex and age. The Committee finally requests the Government to supply a copy of the report of the Child Activity Survey, once it has been published.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years for prostitution. It also noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA) of Sri Lanka. It requested the Government to provide information on the penalties applied to offenders with regard to cases of commercial sexual exploitation of children.

The Committee notes the Government’s information that in 2010, 37 cases of sexual exploitation of children were registered with the NCPA, out of which, 20 cases were brought before the court, and investigations were pending in seven cases. The Committee notes that according to the report of 27 June 2011 on trafficking of persons in Sri Lanka, available on the website of the United Nations High Commissioner for Refugees, in 2009, the NCPA estimated that approximately 1000 children were subjected to commercial sexual exploitation within Sri Lanka although some NGOs believed the actual number to be between 10,000 and 15,000. Moreover, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 69) expressed concern that in spite of the magnitude of child sexual exploitation and notably high incidence of exploitation of approximately 40,000 children in prostitution, there are no comprehensive data available on child sexual exploitation and no central body to monitor the investigation and prosecution of child sexual exploitation cases. The Committee expresses its deep concern at the high number of children involved in commercial sexual exploitation. It accordingly urges the Government to strengthen its efforts to combat the commercial sexual exploitation of children and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children.

Clause (d) and Article 4(1). Hazardous work. The Committee previously noted that section 20A of the Employment of Women, Young Persons, and Children Act (EWYPC Act of 2006), as amended by the Employment of Women, Young Persons, and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), prohibits the employment of children under the age of 18 years in any hazardous occupation. It also noted that section 20A further provides that hazardous occupations in which persons under 18 years are prohibited from working shall be prescribed by the Minister. Subsequently, it noted the Government’s indication that the list of types of hazardous work was being revised by a tripartite steering committee, and would come into force as Regulations under section 20A of the EWYPC Act of 2006 after adoption by the Parliament. The Committee expressed the firm hope that the list containing the types of hazardous work prohibited to children under 18 years would be adopted in the near future.

The Committee notes with satisfaction that the Hazardous Occupations Regulation containing the list of types of hazardous works under section 20A of the EWYPC Act of 2006 has been adopted and came into force on 20 August 2010. This Regulation contains a comprehensive list of 49 types of work prohibited to persons under the age of 18 years including: work involving the manufacture and use of pesticides and other dangerous chemicals; production, transport and sale of alcohol and tobacco; work involving slaughter of animals or cutting or chopping flesh of animals; work related to dangerous machines; work involving fishing in deep waters and diving; mining, quarrying or underground work; manufacture, transport or sale of explosives and fireworks; work related to manufacturing and smelting of metals, glass and brass; work involving use or handling of radioactive materials; work at dangerous heights; work involving lifting and carrying of heavy loads; work related to tanning of leather; work related to felling, collecting, chopping or logging of wood; work involving collection or disposal of garbage or sewage or scavenging of garbage; work related to spinning, weaving, and dying in the textile industry and manufacture of garments; work related to road construction; work related to the production of rubber sheets and latex; work near or around a kiln for the manufacture of tiles and bricks; night work; work on a vessel; work in clubs, bars, casinos, hotels, restaurants and eating houses; work involving acrobatic performances and other dangerous physical performances or handling of dangerous animals; and work involving the accompanying of tourists whether as guides or otherwise. The Committee requests the Government to provide information on the application in practice of section 20A of the EWYPC Act of 2006.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that it had developed a two-year National Action Plan to Combat Child Sex Tourism, 2006, led by UNICEF and the Sri Lanka Tourist Board. It also noted that within the framework of this project, several awareness-raising programmes were implemented in 2007 for hotel staff in high-risk areas, tourist van drivers and service providers, school children, teachers and tourist police officers. The Committee requested the Government to provide information on the impact of this National Action Plan to Combat Child Sex Tourism.

The Committee notes the Government’s information that the impact of the programmes conducted within the National Action Plan to Combat Child Sex Tourism has not yet been evaluated. The Committee notes that the CRC, in its concluding observations of 19 October 2011, (CRC/C/LKA/CO/3-4, paragraph 71), expressed concern that Sri Lanka remains a common destination for child sex tourism, with a high number of boys being sexually exploited by tourists. The CRC also expressed concern that the police lack the necessary technical expertise to combat child sex tourism and that the Cyber-Watch programme to monitor the internet for child pornography and crimes related to child sex tourism was discontinued and the Cyber Crimes Unit closed due to lack of funding. The Committee expresses deep concern at the situation of children involved in child sex tourism. The Committee urges the Government to strengthen its efforts to combat child sex tourism. It requests the Government to take the necessary measures to enhance the functioning of the police in tracking and identifying children involved in child sex tourism and to ensure that perpetrators are brought to justice. The Committee requests the Government to provide information on the concrete measures taken in this regard. The Committee finally requests the Government to provide information on the impact of the National Action Plan to Combat Child Sex Tourism, once its evaluation has been completed.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 3, clause (d), and Article 4, paragraph 1, of the Convention. Hazardous work. The Committee had previously noted the Government’s information that section 20A of the Employment of Women, Young Persons, and Children 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 of the Act also 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 the 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 had also noted the Government’s indication that the list of types of hazardous work was in the process of being finalized and would be presented to the Parliament for approval. The Committee notes the Government’s statement that this list is currently being revised by a tripartite 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 by the Parliament. The Committee expresses the firm hope that the list containing the types of hazardous work prohibited to children under 18 years will be adopted in the near future and requests the Government to supply a copy thereof as soon as it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that the National Plan of Action for the Children of Sri Lanka 2004-08 (NPA 2004-08) seeks to ensure that 90 per cent of children complete primary education. It had also noted that the NPA 2004–08 provides for the following educational objectives: (a) to ensure the full participation of children in primary (5–9 years) and secondary education (9–14 years) through the enforcement of compulsory education regulations; and (b) to ensure that out-of-school youth in the compulsory education age group (5–14 years) receive functional literacy through appropriate alternate learning situations and vocational training programmes. Educational measures provided under the NPA 2004–08 also include monitoring attendance at school and development of schools in disadvantaged locations. The Committee notes the Government’s information that Sri Lanka has creditable achievements in the education sector such as school enrolment, literacy and gender equity, and that education reforms based on improvement in the quality of education and providing education for all are being implemented since 1999. However, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide updated statistical data on school enrolment and dropout rates.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s indication that the Ministry of Labour Relations and Manpower had asked for technical assistance from
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 collection of data and is currently in the process of tabulating the data and preparing the report. 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 provide statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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

The Committee notes the Government’s report and the communication of the National Trade Union Federation (NTUF) dated 22 July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted with satisfaction that, by virtue of section 358A of the Penal Code, as amended by the Penal Code (Amendment) Act No. 16 of 2006, the recruitment of children under 18 years for use in armed conflict is punishable as an offence. However, the Committee had noted with concern that, according to the information from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 27 June 2006 (OSRG/PR060623), the LTTE militant group continued to recruit and use child soldiers. Moreover, the Karuna faction, a breakaway group of the LTTE, continued to abduct and recruit children under 18 years. It had also noted the report of the Secretary-General for Children and Armed Conflict in Sri Lanka of 20 December 2006 (S/2006/1006; the “Secretary-General’s report”), as well as the Conclusions of the UN Security Council Working Group on Children and Armed Conflict of 13 June 2007 (S/AC.51/2007/9), that, despite previous commitments by the LTTE, that group continued to use and recruit children. It had further noted the UNICEF estimates on the high number of boys and girls who had been abducted and recruited by the LTTE and the Karuna faction. The Committee, while sharing the concern of the UN Security Council Working Group on Children and Armed Conflict about the continuous pattern of abduction, recruitment and use of children by the LTTE and the Karuna faction, had requested the Government to redouble its efforts to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict was eliminated.

The Committee notes the NTUF’s comment that the recruitment of children for armed conflict existed until recently in LTTE areas, but now with the end of the war no such recruitment is found. The Committee notes the Government’s indication that after three years of continued humanitarian operations carried out by the Sri Lankan Armed Forces, the country is now free from the scourge of LTTE terrorism. The armed conflict between the Government and the LTTE came to an end on 18 May 2009 with the death of the LTTE leaders and surrender of the remaining LTTE cadres.

The Committee notes that with the end of the war the practice of the forced recruitment by the LTTE of children under 18 years of age in armed conflict has also come to an end.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted the International Trade Union Confederation’s (ITUC) indication that child prostitution is prevalent in Sri Lanka and that, according to PEACE (an NGO), at least 5,000 children in the age bracket of
8–15 years were exploited as sex workers, particularly in certain coastal resort areas. It had also noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years for prostitution. The Committee had further noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA) of Sri Lanka. The police records had revealed that 70 per cent of child trafficking cases for commercial sexual exploitation concerned boys. The Committee had also observed that the Government had taken measures to combat the commercial sexual exploitation of children, especially paedophilia, through the NCPA and Cyber Watch activities. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the investigations conducted with regard to cases of commercial sexual exploitation of children and penalties applied to offenders.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee notes the Government’s information that it has developed a National Plan of Action to Combat Trafficking in Children for Sexual and Labour Exploitation, after consultation with the NCPA and
ILO–IPEC. According to the Government, this National Plan of Action covers the following four areas: legal reform and law enforcement; institutional strengthening and research; prevention and rescue; and protection and reintegration. The Committee requests the Government to provide information on the implementation of the National Plan of Action to combat trafficking in children and on the results achieved in terms of the number of children withdrawn from trafficking and rehabilitated.

Commercial sexual exploitation of children. The Committee notes the Government’s indication that it has developed a two-year National Action Plan to Combat Child Sex Tourism, 2006, led by UNICEF and the Sri Lanka Tourist Board. The strategic objectives of this project on combating the commercial sexual exploitation of children in tourism (CCSECT) include: to ensure that all tourists are made aware of the tourist industry’s zero-tolerance policy in relation to child sex tourism (CST); to maximize the involvement of the private tourism sector in combating CST; to bring in new policies, laws and regulations to combat CST and to maximize the coordination with the police, social authorities, District Child Protection Committees (DCPCs) and NGOs in tourist areas; and to empower children and adolescents through life skills-based interventions to take more control of their lives. The Committee notes that, within the framework of this project, several awareness-raising programmes were implemented in 2007 for hotel staff in high-risk areas, tourist van drivers and service providers, school children, teachers and tourist police officers. It also notes the information provided by the Government on the workplan activities on the CCSECT project for the year 2008. The Committee requests the Government to provide information on the impact of the National Action Plan to Combat Child Sex Tourism in terms of the elimination of the commercial sexual exploitation of children in tourism. It also requests the Government to indicate the number of children prevented or withdrawn from commercial sexual exploitation and rehabilitated pursuant to this National Action Plan.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identify and reach out to children at risk. Children who have been affected by armed conflict. The Committee had previously noted that various programmes were adopted with the assistance of ILO–IPEC, UNICEF and other international organizations to address the problems of children involved in armed conflict, and to prevent them from being involved in the worst forms of child labour, especially by providing them with education or vocational training. Following its previous comments, the Committee notes with interest the information provided by the Government on the following measures taken with regard to the rehabilitation and reintegration of former child combatants:

–      The Commissioner General of Rehabilitation (CGR), together with the NCPA, is providing care and protection for all ex-child combatants in the three rehabilitation centres established in the Northern and Eastern provinces. According to the information available with the CGR, 128 children who were under the age of 18 years at the time of surrendering were reunified with their families or recruited for foreign employment.

–      The Government amended, on 15 December 2008, the Emergency (Miscellaneous Provisions and Powers) Regulations, 2005, and inserted a new section 22A, according to which child combatants are granted an amnesty and are entitled to undergo the rehabilitation programme in the Protective Child Accommodation Centres established under the terms of these Regulations. These centres provide accommodation, support, catch-up education and vocational training for persons under 18 years of age who surrendered under the terms of this Regulation.

–      With the support of ILO–IPEC, the Government developed a draft National Framework Proposal on the reintegration of ex-combatants into civilian life in Sri Lanka on 30 July 2009. This proposal aims to address the specific emotional, social and economic needs of this vulnerable group of people. The proposed reintegration process aims to equip this target group with social education and skills required for civilian life, and to identify suitable vocational and technical training, employment and income-generating activities in community-based reconstruction programmes in the North and East provinces.

–      The Government, together with UNICEF, launched a national campaign to prevent child recruitment and to promote the release of all recruited children. The campaign “Bring back the child”, which targets armed groups, vulnerable communities and the children affected, provides reintegration and rehabilitation services for children who are released.

–      The Ministry of Education and the Department of Examinations has established ten special examination centres in Vavuniya for 1,263 displaced children, including 166 former child soldiers, who are presently housed in Internally Displaced Persons welfare houses in Vavuniya. They were provided with several extra classes to upgrade their knowledge and almost all the 166 ex-child soldiers appeared for the senior secondary-level exams held in August 2009.

The Committee requests the Government to continue its efforts to rehabilitate and reintegrate former child combatants. It also requests the Government to continue providing information on the number of former child combatants who have been rehabilitated in the Protective Child Accommodation Centres and in other rehabilitation centres in the Northern and Eastern provinces.

Children affected by the tsunami. The Committee had previously noted the Government’s statement that the NCPA launched a project entitled “Strengthening the capacity of the National Child Protection Authority to mobilize tsunami-affected communities in Sri Lanka and to prevent the trafficking of tsunami-affected orphans into exploitative employment”. The Committee notes the Government’s statement that it adopted the Tsunami (Special Provisions) Act No. 16 of 2005 which provides for special protection mechanisms for every child and young person who was left an orphan, or with a single parent who is unable to take care of such a child, or who is in need of care and protection (section 7). The Committee further notes the Government’s indication that the NCPA together with the Ministry of Justice and with the assistance received from the Asian Development Bank launched a project to appoint foster parents to those children through courts which would ensure better protection and care for children. The Committee further notes that according to the ILO–IPEC Technical Progress Report of June 2008 on the project entitled “Emergency response to child labour in selected tsunami-affected areas in Sri Lanka”, 3,532 children were provided direct services such as formal education, non-formal education, vocational or training skills, and legal and health services; 6,588 children were provided with indirect services such as nutrition, uniforms, books and other school supplies; and 468 families were provided with vocational or skills training and income‑generating activities. Moreover, 2,465 children were prevented from child labour through educational services or training opportunities, and 1,233 children through other non-education-related services.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the information supplied in the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee had previously observed that there appeared to be no legislation in Sri Lanka that specifically addressed practices such as bondage, serfdom and forced or compulsory labour. It had noted the Government’s indication that action was being taken by the Ministry of Justice to criminalize the use of children in forced labour and had hoped that the Government would take the necessary measures to ensure the prohibition of this worst form of child labour. The Committee notes with interest the Government’s information that section 358A(1) of the Penal Code, as amended by the Penal Code (Amendment) Act No. 16 of 2006, provides that any person who subjects or causes any person to be subjected to slavery, debt bondage, serfdom, forced or compulsory labour, shall be guilty of an offence. According to section 358A(2), where such an offence is committed in relation to a child, the penalty is increased (imprisonment for a term not exceeding 30 years and a fine).

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee had previously noted the Government’s information that the Tripartite Technical Committee appointed by the National Steering Committee of ILO/IPEC had identified the categories of work that may be determined as hazardous. Amongst these, there were 50 types of work or occupations which are likely to harm the health, safety or morals of children, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; melting of metal and manufacture of glass. The Committee notes with interest the Government’s information that section 20A of 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 of the Act also 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 the 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 empowers the Ministry of Labour Relations and Manpower to gazette the regulations on hazardous employment. The list of types of hazardous work is in the process of being finalized and will be presented to the Parliament to receive approval. The Committee further notes the Government’s information that domestic work is one of the types of hazardous work which is included in the draft list of hazardous occupations which are prohibited to children under 18 years under section 20A of the EWYPC Act, as amended in 2006. The Committee hopes that the list of hazardous types of 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 supply a copy thereof as soon as it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that under the National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08) supported by UNICEF, a number of programmes had been adopted aimed at: (a) identifying places where child labour is employed; (b) changing attitudes of parents on child labour; and (c) providing publicity to penalties for child labour offenders and creating awareness amongst the public on child labour. It notes the Government’s information that various measures were adopted under the NPA 2004–08 by the Department of Probation, Ministry of Health, Ministry of Labour Relations and Manpower, as well as the Ministry of Justice. These include, inter alia: (a) various awareness-raising campaigns and training programmes on child rights and child labour; (b) improvement of various care-centre facilities; and (c) rehabilitation programmes for street children in Uva Province. The Committee requests the Government to continue providing information on any relevant impact of the NPA 2004–08 on the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee had previously noted that the NPA 2004–08 seeks to ensure that 90 per cent of children complete primary education. It had noted that the NPA 2004–08 provides for the following educational objectives: (a) to ensure full participation of children in primary
(5–9 years) and secondary education (9–14 years) through the enforcement of compulsory education regulations; and (b) to ensure that out-of-school youth in the compulsory education age group (5–14 years) receive functional literacy through appropriate alternate learning situations and vocational training programmes. Educational measures provided under the NPA 2004–08 also include monitoring attendance at school and development of schools in disadvantaged locations. The Committee had requested the Government to provide information on the implementation of the measures under the
NPA 2004–08 aimed at improving the access of children to free basic education thereby preventing them from being engaged in the worst forms of child labour. It also asked the Government to provide information on the primary and secondary education enrolment rates and the drop-out rate in school. The Committee notes the Government’s information that, according to the Department of Census and Statistics of the Ministry of Education data, in 2005 the school drop-out rate was 2.2 per cent (2.8 per cent for male and 1.6 per cent for female). The Committee observes that the Government provides no information on the implementation of the various measures under the NPA 2004–08 aimed at improving the access of children to free basic education thereby preventing them from being engaged in the worst forms of child labour. It requests the Government to provide information in this regard in its next report. It also requests the Government to continue providing updated data on school enrolment and drop-out rates.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to UNAIDS estimates, 3,500 adults and children lived with HIV/AIDS in 2004 (in comparison to 4,800 adults and children in 2001). It had further noted that the NPA 2004–08 includes measures aimed at providing an adequate number of homes to accommodate HIV/AIDS orphans as well as children requiring care and protection. The Committee notes the Government’s information that in 2006 the National Child Protection Authority (NCPA) launched a project in the western and southern provinces of Sri Lanka, entitled “Strengthening the capacity of the National Child Protection Authority to mobilize tsunami-affected communities in Sri Lanka and to prevent the trafficking of tsunami-affected orphans into exploitative employment”. One of the objectives of this project is to educate vulnerable children and children living in high-risk areas, especially children of families affected by the tsunami, on sex education, sex abuse, HIV/AIDS, drugs, alcohol, and tobacco use.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that 161 complaints on child labour have been received by the Women and Children’s Affairs Division of the Department of Labour in 2006. Investigations were carried out on the complaints and 17 cases have been filed against the defaulting employers. It also notes the Government’s information that the Ministry of Labour Relations and Manpower, having recognized the necessity of carrying out a child labour survey, has asked for the technical assistance of ILO/IPEC for undertaking the survey in the latter half of 2007. The matter 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 to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted with satisfaction that, by virtue of section 358A of the Penal Code, as amended by the Penal Code (Amendment) Act No. 16 of 2006, the recruitment of children under 18 years for use in armed conflict is punishable as an offence. However, it had noted with concern that, according to the information from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 27 June 2006 (OSRG/PR060623), the LTTE militant group continued to recruit and use child soldiers. Moreover, the Karuna faction, a breakaway group of the LTTE, continued to abduct and recruit children under 18 years.

The Committee notes the Government’s information that, by virtue of section 20A of the Employment of Women, Young Persons, and Children (EWYPC) Act, as amended by the EWYPC (Amendment) Act of 2006, the Minister of Labour is empowered to issue regulations on the types of hazardous work prohibited to children. These will include, amongst others, “any work connected with armed conflict”. The employment of children in types of hazardous work shall be guilty of an offence and be liable to a fine or to imprisonment for not more than 12 months, or both, and to pay compensation to the victim of the offence. The Committee also notes that, with regard to the measures taken to stop the recruitment of children under 18 years in armed conflict, the Government refers to the UNICEF mandate to monitor child rights violations of the ceasefire agreements and to compile and verify data on child recruitment.

The Committee further notes the Report of the Secretary-General on Children and Armed Conflict in Sri Lanka of 20 December 2006 (S/2006/1006; the “Secretary-General’s Report”), as well as the Conclusions of the UN Security Council Working Group on Children and Armed Conflict of 13 June 2007 (S/AC.51/2007/9), based on that report. It notes that, according to that report, despite previous commitments by the LTTE, that group continues to use and recruit children. In addition, a particularly disconcerting development in 2005 and 2006 is the increase in abductions and recruitment by the Karuna faction. In particular, UNICEF has received reports of 541 children being recruited by the LTTE, of which 68 per cent are boys and 32 per cent are girls, both of an average age of 16 years. The LTTE notified UNICEF that 362 children had been released from its ranks. According to UNICEF data, as of 31 October 2006, out of the 5,794 total cases of child recruitment since April 2001, 1,598 recruited children are believed to remain with the LTTE. However, it is probable that the UNICEF figures reflect approximately one third of the total cases of recruitment. Moreover, UNICEF has received reports of 164 children being recruited by the Karuna faction, of which 142 are believed to remain in the ranks of this faction (Secretary-General’s Report, paragraphs 11–27, pages 4–10). Besides the recruitment of child soldiers, there were also allegations of other grave violations against children by all parties to the conflict. According to the Secretary-General’s Report, the Sri Lanka Monitoring Mission (SLMM) indicated that a significant number of the 1,135 civilians killed during the conflict were children. The acceleration of violence since May 2006 has resulted in an increase of child casualties. Several of the children killed have been utilized by the LTTE as child soldiers. Also, the SLMM received 237 complaints on child abductions, mostly against the LTTE and the Karuna faction (Secretary-General’s Report, paragraphs 30–37, pages 10–12). Moreover, weaknesses of state institutions, such as the police and the judicial system, impede the effective and timely verification and investigation of cases, the identification and punishment of the perpetrators of grave violations (Secretary-General’s Report, paragraph 62, pages 17–18).

The Committee observes that, although the forced or compulsory recruitment of children in armed conflict is prohibited by law, it remains a serious issue of concern in practice. It shares the concern of the UN Security Council Working Group on Children and Armed Conflict about the continuous pattern of abduction, recruitment and use of children by the LTTE and the Karuna faction. The Committee requests the Government to redouble its efforts to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict is eliminated. It also requests the Government to pursue its efforts to ensure that children under 18 years are released from the ranks of the LTTE and the Karuna faction, in particular, in any future peace negotiations. It finally urges the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted the International Trade Union Confederation’s (ITUC) indication that child prostitution is prevalent in Sri Lanka and that, according to PEACE (an NGO), at least 5,000 children in the age bracket of 8–15 years were exploited as sex workers, particularly in certain coastal resort areas. It had further noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years for prostitution. The Committee notes the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA) of Sri Lanka. The police have recorded 341 cases of child trafficking for commercial sexual exploitation from January to June 2006. Out of these, 13 cases regarded child procuring and 108 cases concerned cruelties inflicted on children. In the case of child trafficking, it was revealed that 70 per cent of these cases concerned boys. The Committee also observes that the Government has taken measures to combat the commercial sexual exploitation of children, especially paedophilia, through the NCPA and Cyber Watch activities. More than 40 local and foreign paedophiles have been prosecuted. The Committee requests the Government to redouble its efforts in enforcing the legislation on commercial sexual exploitation by ensuring that sufficiently effective and dissuasive penalties are imposed in practice on persons who use, procure and offer children under 18 years of age for commercial sexual exploitation. It also requests the Government to continue to provide information on the investigations conducted with regard to cases of commercial sexual exploitation of children and penalties applied to offenders.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee had previously noted that Sri Lanka is one of the three countries included in the ILO/IPEC TICSA Programme, launched in June 2000. It had noted that TICSA was moving into Phase II (TICSA II) with the main objective of preventing 2,000 girls and boys from being trafficked into exploitative forms of employment. The Committee notes that TICSA II ended in March 2006. It notes with interest that, according to the report entitled “Final Evaluation – Combating Child Trafficking for Labour Exploitation – TICSA II Project in Sri Lanka” of February 2006 (TICSA II Final Evaluation Report), supplied by the Government, TICSA II achieved the following objectives:

(a)   a legal framework on trafficking has been reviewed to include trafficking for exploitative labour;

(b)   the capacity of government, employers’ organizations, trade unions, NGOs and other relevant stakeholders has been strengthened, enabling them to plan, implement and monitor programmes against trafficking;

(c)   the capacities of vocational training institutions have been strengthened;

(d)   children and families in high-risk areas have been assisted in order to reduce their vulnerability to trafficking;

(e)   a number of child victims of trafficking have been rehabilitated;

(f)    the capacity of the relevant institutions to provide services to rehabilitate and reintegrate child victims of trafficking has been improved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Child trafficking. The Committee had previously noted that various projects aimed at preventing trafficking were implemented under TICSA II. It notes with interest that, according to the Government’s report and the TICSA II Final Evaluation Report, the following projects have been implemented under TICSA II:

(a)   “Cyber Watch” activities aimed at strengthening the anti-trafficking and anti-paedophilia strategy of the NCPA;

(b)   training of 40 surveillance staff by Scotland Yard experts on child trafficking;

(c)   awareness-raising campaigns promoted by the Ceylon Workers’ Congress aimed at preventing 2,000 vulnerable children from trafficking and strengthening the capacity of 100 social mobilizers in plantations to eliminate child trafficking; and

(d)   various activities aimed at preventing the involvement of children in the worst forms of child labour through formal and non-formal education and vocational training.

These activities included various training programmes organized by the Don Bosco Children and Youth Centres at Nochciyagama and Murunkan. In the Nochciyagama centre, education and vocational training were provided to more than 3,000 children under 18 years and in the Murunkan Training Centre, 235 children attended remedial classes. Moreover, vocational training activities were organized by the Ceylon Workers’ Congress whereby vocational training was provided to 200 children. Finally, various other training programmes in the formal sector (including masonry, carpentry, electrical wiring, sewing), and in the rural skills sector (home gardening, animal husbandry, food processing) were organized. A total of 1,679 girls and 821 boys benefited from these programmes between 2003 and 2007. There are currently 3,500 children enrolled in ongoing training.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. Following its previous comments, the Committee notes that, according to the TICSA II Final Evaluation Report, creating supportive rehabilitation and reintegration services for trafficked and abused children has been the most challenging component of TICSA II. The following measures have been taken under TICSA II to rehabilitate child victims of trafficking: (a) psychological assistance, counselling, and other rehabilitative measures were provided by the NCPA in two rehabilitation centres in coordination with a local NGO to child victims of trafficking (148 children have been rehabilitated); (b) establishment by the Ceylon Workers’ Congress of 35 community centres, and 62 children’s clubs to provide various rehabilitative services to vulnerable children; and (c) discussion between the Ministry of Women’s Empowerment and Social Welfare and the ILO on the development of child-friendly guidelines for the rescue, rehabilitation and reintegration of child victims of trafficking. The Committee encourages the Government to pursue its efforts in order to rehabilitate child victims of trafficking and reintegrate them in their communities. It also requests the Government to continue to provide information on the number of child victims of trafficking who have been rehabilitated under the abovementioned and other programmes.

Clause (d). Identify and reach out to children at special risk. 1. Children who have been affected by armed conflict. The Committee had previously noted that various programmes were adopted between 2004 and 2005 with the assistance of ILO/IPEC in order to address the problems of children involved in armed conflict, especially by providing them with vocational training. It notes with interest the Government’s information that among the 3,500 children enrolled in ongoing vocational training, 453 are former child soldiers. The Committee notes that, according to the information available at the Office, UNICEF, in collaboration with the UNHCR, WHO, WFP, ICRC, international and national NGOs and government partners, is continuing to take measures to address the situation of children affected by armed conflict and prevent them from being involved in the worst forms of child labour, especially by providing them with education (Catch-Up Education), health services, and various support services. The Committee requests the Government to pursue its efforts, in collaboration with UNICEF and other international and national partners, to rehabilitate and reintegrate former child combatants. It also requests the Government to provide data on the number of former child combatants who have been rehabilitated and reintegrated in their communities.

2. Children affected by the tsunami. The Committee notes the Government’s information that the NCPA launched a project entitled “Strengthening the capacity of the National Child Protection Authority to mobilize tsunami-affected communities in Sri Lanka and to prevent the trafficking of tsunami-affected orphans into exploitative employment”. Under this project, started in 2006, the NCPA adopted measures to raise awareness on the worst forms of child labour among 600 families of tsunami-affected children. It also provided psychosocial care and support to approximately 1,000 children in the six drop-in centres constructed in tsunami-affected areas. The Committee requests the Government to continue to provide information on the implementation of the NCPA project to prevent tsunami-affected children and orphans from trafficking into exploitative employment, and the results achieved.

The Committee is also addressing a direct request to the Government concerning other points.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee had previously observed that there appeared to be no legislation in Sri Lanka that specifically addressed practices such as bondage, serfdom and forced or compulsory labour. It had noted the Government’s indication that action was being taken by the Ministry of Justice to criminalize the use of children in forced labour and had hoped that the Government would take the necessary measures to ensure the prohibition of this worst form of child labour. The Committee notes the Government’s information that no slavery or bonded labour exists in Sri Lanka at the moment. The Committee recalls that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour, are prohibited for children under 18 years of age.

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee notes the Government’s information that the Technical Committee of Tripartite Constituents appointed by the National Steering Committee of ILO/IPEC has identified the categories of work that may be determined as hazardous. Amongst these, there are 50 types of work or occupations which are likely to harm the health, safety or morals of children, 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 this list was forwarded to the National Advisory Council for consultation. The Committee notes that, according to the Government, the EWYPC should be amended in order to include the regulations establishing the types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment presented a Cabinet Memorandum and approval of the Cabinet of the Ministers was received for the amendment. It notes the Government’s information that the new regulations are being drafted with the assistance of the legal draftsman. The Committee requests the Government to keep it informed on the adoption of the list of types of hazardous work prohibited for children under 18 years of age and to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that, the National Child Protection Authority (NCPA), the National Steering Committee (NSC), the National Monitoring Committee (NMC), and the Department of Police are the national level inter-agency mechanisms to address special issues affecting the rights of children in Sri Lanka. It notes the Government’s information that the NCPA is established for the purpose of formulating a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse as well as for the monitoring of action against all forms of child abuse. It notes that, according to the Government, the NSC is composed of experts especially appointed for identification of hazardous types of child labour in terms of the provisions of Convention No. 182. The NMC is a tripartite committee appointed by the Secretary of the Ministry of Labour Relations and Foreign Employment under ILO/IPEC in order to monitor the activities carried out in collaboration with ILO/IPEC. The Committee notes that the EWYPC entitles “authorized officers”, including the Commissioner of Labour, Additional Commissioner of Labour, any Medical Officer, the Chief Factory Inspecting Engineer, any Factory Inspecting Engineer and any Labour Officer or any Statistical Officer, to enter workplaces and perform inspections, examine registers and documentation, make inquiries and request information. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the National Plan of Action for the Children of Sri Lanka 2004-2008 (NPA 2004-2008) supported by UNICEF, provides for activities and projects targeting: (a) education development; (b) health development; (c) juvenile justice; (d) child labour; (e) disadvantaged children; and (f) reliable water supply and sanitation facilities. It notes that, according to the document “Progress in implementation of the Programmes under the National Plan of Action in 2005” supplied by the Government, a number of programmes have been adopted under the NPA 2004-2008 aimed at: (a) identifying places where child labour is employed; (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 also notes that the document “Policy Frame and National Action Plan for the Elimination of the Worst Forms of Child Labour – draft discussion for the members of the National Steering Committee” has been prepared in January 2004 in collaboration with ILO/IPEC. The proposed action plan addresses the following points: (a) “Prevention”, including educational measures and awareness-raising campaigns to prevent the worst forms of child labour; (b) “Institutional development and capacity building”, including measures to strengthen the role and capacity of the officers responsible for law enforcement (police, labour inspectors, judges and child rights officers); (c) “Research”; (d) “National legislation and law reform”; and (e) “Rescue, rehabilitation and reintegration for all children involved in the worst forms of child labour”.

The Committee requests the Government to continue providing information on the implementation of the NPA 2004-2008 and any relevant impact on the elimination of the worst forms of child labour. It also asks the Government to keep it informed on the adoption of the proposed National Action Plan for the Elimination of the Worst Forms of Child Labour in collaboration with ILO/IPEC.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code, as amended by the Penal Code (Amendment) Act No. 22 of 1995 and the Penal Code (Amendment) Act No. 29 of 1998, provides for sufficiently dissuasive and effective penalties of imprisonment for the following offences: the sale and trafficking of children (section 360C); the use of children in prostitution and in pornographic performances (sections 286A, 288A, 360A, and 360B); the use of children for drug trafficking (section 288B). The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee notes that, according to the document “Policy frame and national action plan for the elimination of the worst forms of child labour – draft discussion for the members of the National Steering Committee of 2004, the people of Sri Lanka have had universal access to primary and secondary school since independence and enjoyed free public education from kindergarten to university. The Committee notes that the NPA 2004-2008 seeks to ensure that 90 percent of children complete primary education. It also notes that the NPA 2004-2008 provides for the following educational objectives: (a) ensure full participation of children in primary (5-9 years) and secondary education (9‑14 years) through the enforcement of compulsory education regulations; (b) ensure that out of school youth in the compulsory education age group (5‑14 years) receive functional literacy through appropriate alternate learning situations and vocational training programmes. It notes that the educational measures provided under the NPA 2004-2008 also include monitoring attendance at school and development of schools in disadvantaged locations. The Committee considers that education contributes to preventing children from being engaged in the worst forms of child labour. It requests the Government to provide information on the implementation of the measures under the NPA 2004-2008 aimed at improving the access of children to free basic education thereby preventing them from being engaged in the worst forms of child labour. It also asks the Government to provide information on the primary and secondary education enrolment rates and the drop-out rate in school.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that, according to the UNAIDS estimates, 3,500 adults and children lived with HIV/AIDS in 2004 (in comparison to 4,800 adults and children in 2001). It notes the Government’s information that no special programmes are undertaken at the moment to address the issue of child victims and orphans of HIV/AIDS. However, the Workers’ Education Division of the Department of Labour conducts several programmes to create awareness amongst the school children on HIV/AIDS. Furthermore, the National HIV/AIDS Programme and the ILO World Bank HIV/AIDS Programme, also carry out programmes for school children. The Committee notes that the National Plan of Action for the Children of Sri Lanka 2004-2008 also includes measures aimed at providing an adequate number of homes to accommodate HIV/AIDS orphans as well as children requiring care and protection. It also notes the information from UNICEF that, in Sri Lanka, the drop-out rate after primary education is high and the courses offered by the Community Strength Foundation seek to reach out young people who missed out on sex education, including HIV/AIDS prevention. The Committee requests the Government to continue providing information on the impact of the abovementioned measures on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Article 8. International Cooperation and assistance. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour. It also once again requests the Government to supply information on any notable impact of the PRSP on eliminating the worst forms of child labour.

Parts IV and V of the report form. The Committee notes that, according to data of the Women and Children’s Affairs Division, in 2004, the number of complaints regarding child labour has decreased in comparison with 2000, and the number of legal actions taken has increased. The Committee also notes that, according to the draft “Policy frame and national action plan for the elimination of the worst forms of child labour – draft discussion for the members of the National Steering Committee” of 2004, it is estimated that 25,000 children under 18 years are caught in the worst forms of child labour (19,900 in child domestic work; 2,500 in commercial sexual exploitation, 2,000 child soldiers and at least 500 in other worst forms). The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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

The Committee notes the information supplied in the Government’s report. It also takes note of the communication dated 10 August 2005 from the World Confederation of Labour (WCL) and the Government’s reply thereto. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee had previously noted the information from the International Confederation of Free Trade Unions (ICFTU) that Sri Lanka is both a country of origin and destination of trafficked persons, mainly women and children, for the purposes of forced labour and sexual exploitation. It had also noted that subsections (2) and (4) of section 360A of the Penal Code, as amended by Act No. 22 of 1995 and Act No. 29 of 1998, provide that the trafficking of children for the purpose of sexual exploitation constitutes an offence. However, it had observed that the abovementioned provisions only apply to children below 16 years of age and had asked the Government to indicate the measures taken to prohibit the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information that, according to the National Plan of Action for Children of Sri Lanka 2004-08 (NPA 2004-08), the Ministry of Justice and Judicial Reform has taken steps to amend the Penal Code to criminalize the worst forms of child labour as set out in Convention No. 182, in order to reduce the incidences of the worst forms of child labour by facilitating prosecutions.

The Committee notes with satisfaction that, by virtue of the Penal Code (Amendment) Act, No. 16 of 2006, new section 360C(1)(c) states that whoever recruits, transports, transfers, harbours or receives a “child”, or does any other act, whether with or without the consent of such child, for the purpose of securing forced or compulsory labour or services, slavery, servitude, or the removal of organs, prostitution or other forms of sexual exploitation, or any other act with constitutes an offence under any law, shall be guilty of the offence of trafficking. The offender shall be punished with imprisonment of either description for a term not less than three years and not exceeding 20 years, and may also be punished with a fine. Section 360C(3) states that in this section, “child” means a person under 18 years of age.

2. Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted the ICFTU’s indication that Sri Lanka has been the scene of an armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE) since 1983 and that, according to the Amnesty International Report of 2003, the LTTE had recruited hundreds of persons under 18 years of age, some as young as 10 years old. It had also noted the Lanka Jathika Estate Workers’ Union’s (LJEWU) statement that there is no specific law which prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict and the Government should introduce such a prohibition as well as take immediate measure to stop such recruitment and deal with the offenders. The Committee had further noted that, according to the Government’s report of 2002 to the Committee on the Rights of the Child (CRC/C/70/Add.17, paragraph 170), Sri Lankan authorities estimate that at least 60 per cent of LTTE fighters are below the age of 18 years. The Committee had noted the Government’s information that no specific legal provisions exist which prohibit the use of children under 18 years of age in the armed conflict. It had also noted the Government’s information that prevailing provisions are not strong enough to stop the recruitment and use of children in armed conflict by the LTTE, as it is continuing to recruit children for use in armed conflict. This conscription drive has removed most of the children against their will from schools, or from welfare centres and makeshift camps in the aftermath of the Tsunami disaster.

The Committee notes with satisfaction that, by virtue of Penal Code (Amendment) Act, No. 16 of 2006, section 358A has been inserted in the Penal Code. It notes that section 358A(d) states that any person, who engages or recruits a “child” for use in armed conflict, shall be guilty of an offence and be liable to imprisonment of either description for a term not exceeding 30 years and to a fine. Section 358A(3) states that in this section “child” means a person under 18 years of age. The Committee welcomes the adoption of new penal legislation prohibiting the forced or compulsory recruitment of children under 18 years for use in armed conflict. However, it notes with concern that, according to the information from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 27 June 2006 (OSRG/PR060623), the LTTE militant group continues to recruit and use child soldiers. It is reported that the Karuna faction has abducted and recruited children under 18 years. Besides recruitment of child soldiers, there are also allegations of other grave violations against children by all parties to the conflict. The Committee observes that, although the forced or compulsory recruitment of children under 18 years for use in armed conflict is prohibited by law, it remains a serious issue of concern in practice. The Committee urges the Government to take the necessary measures to implement the new penal legislation and to ensure that the offenders are prosecuted, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (b). Using, procuring or offering a child for prostitution. The Committee had previously noted the ICFTU’s indication that child prostitution is prevalent in Sri Lanka and that, according to PEACE (an NGO), at least 5,000 children in the age bracket of 8 to 15 are exploited as sex workers, particularly in certain coastal resort areas. The Committee notes the WCL’s statement in its recent communication that there is the problem of children used for male prostitution, especially in areas where tourism flourishes. It had further noted that sections 360A, 360B and 288A of the Penal Code, as amended respectively by Penal Code (Amendment) Act No. 22 of 1995, and Penal Code (Amendment) Act. No. 29 of 1998, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 for prostitution. The Committee had also noted that, in its Concluding Observations of July 2003 (CRC/C/70/Add.17; paragraph 240), the Committee on the Rights of the Child expressed its concern that the existing legislation was not effectively enforced.

The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of minors under 18 is prohibited by law, it remains an issue of concern in practice. The Committee urges the Government to take immediate and effective measures to enforce the legislation. It asks the Government to provide information on progress made in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee had previously noted that Sri Lanka is one of the three countries included in the ILO/IPEC TICSA programme, launched in June 2000 for a period of two years. It had noted that the National Plan of Action against Child Trafficking developed under TICSA – to be implemented within ten years – covers four areas of intervention, namely: legal reform and law enforcement; institutional strengthening and research; prevention; and rescue, rehabilitation and reintegration. The Committee notes that, in 2002, Sri Lanka renewed the Memorandum of Understanding with ILO/IPEC to cover a further five years of collaboration, ending December 2006. In this framework, TICSA is moving into Phase II (TICSA II) with the main objective of preventing 2,000 girls and boys from being trafficked into exploitative forms of employment. The Committee notes that, according to the “Report to the National Steering Committee”, as of May 2005, a number of programmes were implemented under TICSA II aimed at preventing the trafficking of children for labour and sexual exploitation and rehabilitating and reintegrating child victims of trafficking. The Committee requests the Government to provide information on the impact of TICSA II and the National Plan of Action against Child Trafficking on combating the trafficking of children for labour and sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Child trafficking. The Committee notes that under TICSA, a “Project for Strengthening the National Capacity to Combat Trafficking in Children for Exploitative Employment” was launched, which resulted in the establishment of an Anti-trafficking Unit and operationalization of a professional surveillance system against offenders of child trafficking. It also notes that, according to the “Report to the National Steering Committee”, under TICSA II the following projects were implemented aimed at preventing child trafficking: (a) “Project for strengthening the national capacity to combat trafficking in children for exploitative employment”, including training, awareness-raising campaigns and review of the National Plan of Action; (b) “Prevention of child trafficking for labour exploitation in the north central province of Sri Lanka” (Don Bosco Vocational Training Institute), providing for remedial education and vocational training; (c) “Strengthening plantation communities to prevent trafficking of children for labour and sexual exploitation and facilitate rehabilitation”, providing for educational programmes, vocational training, psychosocial care, support and legal aid to child victims of trafficking; and (d) “Prevention of trafficking in the Mannar District (Don Bosco Institute)”, providing for remedial education and vocational training in the Mannar District (conflict zone). The Committee requests the Government to continue providing information on the concrete measures taken under TICSA II and the National Plan of Action to prevent children under 18 years of age from being engaged in trafficking, and the results attained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee notes that, according to the “Report to the National Steering Committee”, a number of programmes have been implemented under TICSA II, aimed at rehabilitating and reintegrating former victims of child trafficking. The Committee also notes that a number of measures to this end are provided for in the National Plan of Action against Child Trafficking, which include awareness-raising campaigns; training of personnel; establishment of “half-way homes” and “drop-in centres” for child survivors; and elimination of the re-victimization of rescued children. The Committee requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated under the abovementioned programmes.

Clause (d). Identify and reach out to children at special risk. 1. Children who have been affected by armed conflict. The Committee notes the Government’s information that UNICEF is undertaking several rehabilitation programmes for rescued child combatants. In this regard, it notes that, according to the 2004 UNICEF data, in June 2003, the Government of Sri Lanka and the LTTE jointly signed the Action Plan for Children Affected by War. The Action Plan was especially designed to increase opportunities for children’s access to education, quality health care and skills training. Under the UNICEF’s initiative, over 32,000 children, including former child recruits, have enrolled in schools in the north-east. The Committee notes that, under the National Plan of Action for the Children of Sri Lanka 2004-08 (NPA 2004-08), a campaign against the recruitment of child soldiers is projected to be carried out by the Ministry of Education and NGOs. It also notes that the following programmes have been adopted between 2004 and 2005 with the assistance of ILO/IPEC in order to address the problems of children involved in armed conflict, namely: (a) “Providing vocational training options to prevent children affected by war from entering the worst forms of child labour and to rehabilitate released underage ex-combatants”; (b) “Providing vocational training options to prevent children affected by war from entering the worst forms of child labour in Moolai, Chulipuram and Jaffna”; (c) “Community-based training for livelihood activities and micro-enterprise development in the Batticaloa and Trincomalee districts”; and (d) “Service contract with Apeksha for a study on children in armed conflict”. The Committee requests the Government to continue providing information on the impact of the measures aimed at rehabilitating and reintegrating former child combatants and to indicate approximately how many former child combatants have been rehabilitated through such measures.

2. Child domestic workers. The Committee had previously asked the Government to provide information on measures taken to protect child domestic workers under 18 years from hazardous labour and which provide for their rehabilitation and social integration. The Committee notes the Government’s information that domestic work has been included in the draft list of hazardous types of work and may be undertaken by children between 14 and 18 years of age only under certain conditions. It notes the Government’s information that the National Plan of Action (NPA) formulated in collaboration with ILO/IPEC provides for preventive measures addressing child domestic workers, including educational measures, skills developing projects, and awareness-raising campaigns conducted in plantations. The NPA also targets the improvement of the working conditions of domestic servants. Finally, it provides for strengthening the capacity of institutions and human resources in the implementation process. The Committee notes that a number of programmes have been adopted in 2002-03 in collaboration with ILO/IPEC aimed at preventing child domestic labour, especially in plantation communities and war affected villages. It also notes that, according to the document “A study of youth domestic workers (14-18 years) in Sri Lanka: Proposals for legal amendments and a code of conduct”, which is the result of the National Child Protection Authority’s study conducted in collaboration with ILO/IPEC, an amendment to the Employment of Young Persons Regulation is proposed which concerns new provisions on young persons employed as domestic servants (including hours of work and the process of registration with the Commissioner of Labour), as well as a code of conduct for employers of young persons. The Committee requests the Government to continue providing information on measures taken to protect child domestic workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its report, the Government indicates that following the ratification of the Convention, it initiated several countrywide awareness programmes as an initial stage for eliminating child labour and child abuse. The awareness programmes were carried out by the Department of Labour, other governmental and non-governmental organizations, trade unions and employer’s organizations using various methods such as seminars for media personnel, televised drama, newspaper and advertisements, and radio and television discussions. Under the ILO/IPEC programme, a series of training programmes were organized for various government officers, trade union officers, and NGOs in order to strengthen mechanisms to combat child labour and child abuse. Moreover, under the capacity-building project, the Women and Children’s Affairs Division of the Department of Labour held a series of training programmes to train labour officers, police officers and probation officers basically to facilitate the activities on eliminating child labour and child abuse. Noting the above information, the Committee requests the Government to continue to provide information on measures taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee observes that there appears to be no legislation in Sri Lanka that specifically addresses slavery such as debt bondage, serfdom and forced or compulsory labour. It notes the information provided by the Government in its report that action is being taken by the Ministry of Justice to criminalize the use of children in forced labour. The Committee hopes that the Government will take the necessary measures as soon as possible to ensure the prohibition of all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour for children less than 18 years, in conformity with Article 3(a) of the Convention. It requests the Government to provide information on progress made in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that according to section 286A(1) of the Penal Code, any person who:(a) hires, employs, assists, persuades, uses, induces or coerces any child to appear or perform in any obscene or indecent exhibition or show or to pose or model for, or to appear in any obscene or indecent photograph or film or who sells or distributes, or otherwise publishes, or has in his possession any such photograph or film; or (b) being the parent, guardian or person having the custody of a child, causes or allows such a child to be employed, or to participate in any obscene or indecent exhibition or show or to pose a model for, to appear in, such photograph or film as is referred to in paragraph (a); (c)(i) takes or assists in taking of any indecent photograph of a child; (ii) distributes or shows any such photograph or any publication containing such photograph; (iii) has in his possession for distribution or showing any such photograph or publication; (iv) publishes or causes to be published, any such photograph or publishes or causes to be published any advertisement capable of conveying the message that the advertiser or person named in the advertisement distributes or shows any such photograph or publication or intends to do so; commits the offence of obscene publication and exhibition relating to children and shall, on conviction, be punished with imprisonment for a term not less than two years and not exceeding ten years and may also be punished with a fine.

Clause (c). Illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Government indicates that Act No. 29 of 1998 had amended the Penal Code to prohibit the use, procuring or offering of a child for trafficking of anyrestricted articles. Consequently, section 288B(1) of the Penal Code states that whoever knowingly hires, employs, persuades, uses, induces or coerces a child, to traffic in any restricted article shall, on conviction, be punished with imprisonment for a term of not less than five years and not exceeding seven years and may also be liable to a fine. Under the terms of section 288B(2), the expression "restricted article" has the meaning assigned to it by the Poisons, Opium and Dangerous Drugs Ordinance, and the term "traffic" includes selling, giving, procuring, storing, administering, transporting, sending, delivering or distributing. The Committee asks the Government to provide a copy of the Poisons, Opium and Dangerous Drugs Ordinance as amended in 1984.

2. Causing or procuring children to be used for begging. The Committee notes that section 288 of the Penal Code (Amendment) Act No. 29 of 1998 punishes any person who causes or procures a child to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms.

Article 3(d) and Article 4, paragraph 1. Hazardous work. In its report, the Government indicates that Act No. 8 of 2003 has amended section 19 of the EWYPC Act No. 47 of 1956. This section 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 Government also indicates that section 20 of the EWYPC Act prohibits any training of a dangerous nature by a person who has attained the age of 14 years but is under the age of 18 years, except under and in accordance with the terms of a licence granted and in force under this section. The Committee considers that the EWYPC Act No. 47 of 1956 does not contain a general prohibition on the employment of children below 18 years in hazardous work.

The Committee nevertheless notes the Government’s indication that 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. The NSC appointed a subcommittee comprised of representatives from Ministries of Labour, Justice, Health and Education and the Departments of Labour and Health, the ILO/IPEC Office, the National Child Protection Authority, and other professionals and NGOs on 22 November 2001 to determine the types of child labour likely to harm the health, safety or morals of children. The technical committee, along with the tripartite constituents, has identified 25 types of work or occupations likely to harm the health, safety or morals of children. According to the Government, the subcommittee and NSC consist of representatives of the Government, the employers and the workers, and they have been consulted as required in Article 4, paragraph 1, of the Convention. Moreover, the Government indicates that the report will be discussed with representatives of the organizations of workers and employers concerned 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 EWYPC Act No. 47 of 1956. Noting the above information with interest, the Committee asks the Government to provide further information on its efforts to bring this comprehensive list of hazardous work in force through national legislation and to provide a copy thereof, as soon as it is adopted.

Paragraph 2. Identification of hazardous work. The Committee observes that the Government has not provided any information in this regard. It requests it to provide information on necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work determined exist and to communicate the results, in conformity with Article 4, paragraph 2, of the Convention.

Article 5. Monitoring mechanisms. According to the Government, the National Child Protection Authority (NCPA) and the NSC are the national level inter-agency mechanisms to address special issues affecting the rights of children in Sri Lanka. The establishment is foreseen of district level coordinating committees for their effective implementation. After receiving a complaint on child labour, the committees have the power to inquire into the complaints, and if necessary to institute legal action. These committees meet at least once a month and review the progress of action taken against the complaints on child labour and report it to the Women and Children’s Affairs Division of the Department of Labour. Article 41 of the Children’s Charter provides for the establishment of a National Monitoring Committee (NMC) for the purpose of, amongst others, promoting legislative reforms and to monitor the progress of the implementation of the provisions of the Charter. Moreover, the Department of Police has established special units in police stations. Police officers are specially trained under the ILO/IPEC programme. These officers are in charge of the children’s desk in the police stations and they take action when complaints on child labour are received. Noting the information provided by the Government, the Committee asks the Government to provide further information on the work of the NMC, NCPA and NSC, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Government indicates that 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 2004 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. The Committee notes with interest that the Sectoral Committee on Child Labour 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. Secondly, the Committee notes that the NSC has appointed a committee in May 2002 to formulate a National Plan of Action on Child Labour for the period of 2002. A concept paper was prepared to facilitate the discussions on preparing a National Strategic Plan of Action. The situation analysis on the worst forms of child labour was submitted at the national consultation. Sub regional workshops are being held to get more inputs for the action programme. According to the Government, the National Plan of Action will be formulated and the draft proposal will be prepared within the second half of the year 2003. The Committee asks the Government to provide a copy of the abovementioned Plans of Action and to continue to provide information on the results achieved through their implementation.

Article 7, paragraph 1. Penalties. As indicated under Article 3 of the Convention, the Penal Code was amended by the Penal Code (Amendment) Act No. 22 of 1995 and the Penal Code (Amendment) Act No. 29 of 1998 to provide for penalties of imprisonment for violations of the prohibitions on various forms of child abuse such as the use of children in prostitution and pornographic performances (sections 286A, 288A, 360A and 360B), the sale and trafficking of children (section 360C), and the use of children for drug trafficking (section 288B). However, considering that the use of children under 18 years in all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour, is not specifically prohibited by national legislation, the Committee asks the Government to indicate which provisions imposing a penalty apply in case of violations of these worst forms of child labour.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, paragraph 2(a) and (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and to take into account the special situation of girls.

Clause (c). Access to free basic education. The Committee notes that in its second periodic report under the Convention on the Rights of the Child (CRC/C/70/Add.17) in November 2002, the Government indicated that compulsory education at the primary level and free education from kindergarten to university is the norm in Sri Lanka. The Government introduced a Compulsory Schooling Regulation in 1997. Accordingly, every parent is required to send his/her child to a school if the child is not less than 5 years and not more than 14 years. Two committees were appointed in each local administrative unit to ensure the implementation of compulsory school attendance regulation. The Committee also notes that according to the Rapid Assessment study on the commercial exploitation of childrenin Sri Lanka, 90 per cent of the country’s children (about 27 per cent of the total population) attend primary school, without gender inequity in terms of enrolment. The UNDP in its 1998 "National Human Development Report," has stated that, despite the hardships experienced due to the civil war, schooling has continued and the quality of education in the war affected areas has remained roughly comparable with the rest of the country.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. In its report, the Government indicates that the Department of Labour is the state agency responsible for the implementation and enforcement of the legislation concerning child labour. The Women and Children’s Affairs Division (WCAD) is also responsible for supervising the application of the legal provisions on child labour. In Sri Lanka, most of the activities regarding inspection and enforcement are done with the support of the Department of Police and the Department of Probation and Child Care Services Department (PCCSD). Since 1995, the probation officers of the PCCSD have been empowered to enforce the Employment of Women, Young Person and Children Act, and about 110 probation and child officers were appointed as authorized officers in 1996. The Committee notes that according to section 25(2) of the Employment of Women, Young Person and Children Act, an authorised officer may enter any place in which any women, young person or child is believed to be employed, or as the case may be, in which he or she is, or is believed to be taking part in an entertainment or performance, or being trained, and may make inquiries therein with respect to him or her. It asks the Government to provide further details concerning the cases detected by inspectors of the WCAD concerning children engaged in the worst forms of child labour, and on measures taken in such cases, such as the number of prosecutions conducted and sanctions applied.

Parts IV and V of the report form. In 1999, the Department of Census and Statistics conducted the Child Activity Survey (CAS) on the economic activities carried out by children. The CAS estimates that out of the 4,344,770 children in the age group of 5-17 years living in Sri Lanka at the time of the survey, about 926,038 (21 per cent) are engaged in some form of economic activity. In its report, the Government indicates 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 inspections passed from 85 in 1997 to 144 in 2002, and the number of prosecutions passed from two in 1997 to 42 in 2001, and to 22 for 2003 (up to 31 July). While noting the information and documents sent by the Government, the Committee observes the majority of the statistics and data do not relate specifically to the worst forms of child labour. It accordingly asks the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report. It also takes note of the communications dated 20 August 2003 and 20 February 2004 from the International Confederation of Free Trade Unions (ICFTU), and of a communication dated 2 March 2004 from the Lanka Jathika Estate Workers’ Union (LJEWU). Copies of the communications were forwarded to the Government for any comments it might wish to make on the matters raised therein. In its earlier observations under the Forced Labour Convention, 1930 (No. 29), the Committee made comments on the issues of the recruitment of children for use in armed conflict and child domestic workers. The Committee is of the view that these issues can be examined more specifically under this Convention. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. In its comments, the ICFTU indicates that Sri Lanka is both a country of origin and of destination of trafficked persons, mainly women and children, for the purposes of forced labour and sexual exploitation.

The Committee notes that section 360A of the Penal Code as amended by Act No. 22 of 1995 and Act No. 29 of 1998 provides that whoever: (2) procures or attempts to procure any person under 16 years of age to leave Sri Lanka (whether with or without the consent of such persons) with a view to illicit sexual intercourse with any person outside Sri Lanka, or removes or attempts to remove from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose; (3) procures or attempts to procure any person of whatever age to leave Sri Lanka (with or without the consent of such person) with intent that such person may become the inmate of, or frequent, a brothel elsewhere, or removes or attempts to remove from Sri Lanka any such person for the said purpose; (4) brings or attempts to bring into Sri Lanka any person under 16 years of age with a view to illicit sexual intercourse with any other person in Sri Lanka or outside Sri Lanka, commits the offence of procuration and shall, on conviction, be punished with imprisonment for a term of not less than two years and not exceeding ten years and may also be punished with a fine.

The Committee observes that subsections (2) and (4) of section 360A of the Penal Code, as amended by Act No. 22 of 1995 and Act No. 29 of 1998, regarding trafficking of children for the purpose of sexual exploitation, apply only to children below 16 years of age. The Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under the age of 18 years is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to indicate the measures taken to secure the prohibition and elimination of the sale and trafficking of children under 18 years of age for sexual exploitation.

2. Compulsory recruitment of children for use in armed conflict. In its comments, the ICFTU indicates that Sri Lanka has been the scene of an armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE) since 1983. Although there are efforts to move towards peace, it is not clear that these will be successful. The ICFTU refers to the Amnesty International Report of 2003, which indicates that LTTE had recruited hundreds of persons under 18 years of age, some as young as 10 years old. According to Amnesty’s report, at the end of 2002, the Sri Lankan Monitoring Mission ruled that 313 cases out of 603 complaints regarding child recruitment were violations of the Cease Fire Agreement. The ICFTU also indicates that many LTTE child recruits are forced or compelled to join the forces. However, many children say that they "volunteered". The ICFTU identifies factors which contribute to such voluntary acts, such as the existence of armed conflict or a military environment itself; poverty; lack of access to education and/or viable and appropriate work; and an abusive or exploitative home situation. These child recruits are trained to handle live munitions, and are engaged in armed conflict with the risk of serious injury or death. The ICFTU urges the Government to prohibit all military recruitment of children whether compulsory, forced, coerced or voluntary into the armed forces or any armed groups, and also to identify other such factors that lead to children’s involvement in this worst form of child labour. In its comments, the LJEWU indicates that there is no specific law to deal with the forced or compulsory recruitment of children for use in armed conflict. To give effect to the Convention, the Government should introduce provisions to deal with the prohibition of forced or compulsory recruitment of children under the age of 18 years for use in armed conflict. The LJEWU also indicates that the Government should take immediate measures to stop recruitment and deal with offenders.

The Committee notes that according to the report of the Secretary-General of the United Nations on children and armed conflict of 26 November 2002 (S/2002/1299, paragraph 47), the commitment made to the Special Representative of the United Nations Secretary-General by the Liberation Tigers of Tamil Eelam (LTTE) during his visit to Sri Lanka in 1998 not to recruit or use children in armed conflict has been formally accepted in the current round of negotiations. Demobilization and reintegration of child soldiers from the ranks of LTTE should be accorded priority attention. However, the Committee notes that according to the "Rapid Assessment Study on the Commercial Sexual Exploitation of Children" published by ILO/IPEC in February 2002, a factor that has aggravated the situation of children is the ongoing civil war in the country. About 900,000 children in the north and east of Sri Lanka are directly affected by the war and many more affected indirectly. The armed conflict has displaced an estimated 380,000 children and many of them repeatedly. Most of the displaced children are removed from their family and relatives and are forced to work for their survival. The Committee also notes that in its second periodic report under the Convention on the Rights of the Child in November 2002 (CRC/C/70/Add.17, paragraph 170), the Government indicated that Sri Lanka’s authorities estimate that at least 60 per cent of LTTE fighters are below the age of 18 years. Estimates of LTTE cadres killed in combat reveal that at least 40 per cent of the fighting force consists of girls and boys between the ages of 9 and 18 years. Children are well known to be used for both gathering intelligence and in combat. They form the first wave of suicide attacks carried out by LTTE against their targets. Children are used in all activities of armed combat except in leadership positions.

The Committee expresses its serious concern about the current situation of children in Sri Lanka who are used in armed conflict. It reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee invites the Government to redouble its efforts to improve the situation. It requests the Government to provide information on measures taken to develop and implement appropriate legislation to prohibit the forced or compulsory recruitment of children under 18 years of age for use in armed conflict. The Committee also asks the Government to adopt provisions imposing penalties to deal with the offenders. Finally, it asks the Government to provide information on whether it has established, or is making efforts, towards the elaboration of a global strategy to prevent the participation of children in armed conflict in the future.

Clause (b). Use, procuring or offering of a child for prostitution. In its comments, the ICFTU indicates that child prostitution is prevalent in Sri Lanka. There are reports of boys between 8 and 15 being forced into prostitution. It also indicates that the Government estimates the number of child prostitutes at around 2,000, although other sources estimate the number to be much higher. The Protecting Environment And Children Everywhere Organization (PEACE-an NGO), reports that at least 5,000 children in the age bracket of 8 to 15 are exploited as sex workers, in particular in certain coastal resort areas.

The Government indicates that the Penal Code has been amended by the Penal Code (Amendment) Act No. 22 of 1995 and by the Penal Code (Amendment) Act No. 29 of 1998 in order to curb obscene publications, and eliminate the use, procuring or offering of children for prostitution. Consequently, section 360A of the Penal Code as amended by Act No. 22 of 1995 and Act No. 29 of 1998 provides that whoever: (1) procures or attempts to procure, any person, whether male or female of whatever age (whether with or without the consent of such person) to become within or outside Sri Lanka, a prostitute; (5) procures or attempts to procure any person of whatever age (whether with or without their consent) to leave such person’s usual place of abode in Sri Lanka with a view to illicit sexual intercourse within or outside Sri Lanka; (6) detains any person without the consent of such person in any premises with a view to illicit sexual intercourse or sexual abuse, commits the offence of procuration and shall, on conviction, be punished with imprisonment for a term of not less than two years and not exceeding ten years and may also be punished with a fine. Section 360B of the Penal Code provides penalties for the sexual exploitation of children below 18 years (imprisonment for a term not less than five years and not exceeding 20 years and may also be punished with fine). Furthermore, section 288A of the Penal Code (Amendment) Act No. 29 of 1998 makes provisions to penalize any person who knowingly hires, employs, persuades, uses, induces or coerces a child to procure any person for illicit sexual intercourse (imprisonment for a term not less than five years and not exceeding seven years and may also be liable to a fine).

The Committee notes that the "Rapid Assessment Study on the commercial sexual exploitation of children", published by ILO/IPEC in February 2002, refers to the PEACE (a local NGO with collaboration by government institutions) Campaign Research Studies, 1999. According to this campaign, about 10,000 children in the age group of 6-14 years are sexually exploited for commercial purposes. The commercial sexual exploitation of children flourished as a trade, because of the Government’s support towards the development of the tourist industry and also because law enforcement against such criminal activities was very weak. The Committee notes the information provided by the Government in its second periodic report under the Convention on the Rights of the Child in November 2002 (CRC/C/70/Add.17, paragraph 240) that one of the most degrading and serious forms of child labour occurs in commercial sex tourism. Hence, in its concluding observations on the second periodic report of Sri Lanka in July 2003 (CRC/C/15/Add.207, paragraph 47), the Committee on the Rights of the Child welcomed the Penal Code (Amendment) Act No. 22 of 1995, which seeks to protect children from sexual exploitation. However, it expressed its concern that the existing legislation is not effectively enforced.

The Committee observes that, although the legislation appears to be in line with the Convention in this matter, the commercial sexual exploitation of children under 18 is a problem in practice in Sri Lanka. The Committee expresses its serious concern about the actual situation of children in Sri Lanka who are sexually exploited for commercial purposes. It strongly encourages the Government to increase its efforts to improve the situation. In this regard, the Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children under 18 years for commercial sexual exploitation and to provide information on progress made in this regard. The Committee also asks the Government to provide information on the application of penalties in practice, including information on the infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. According to the Government’s indication, the National Child Protection Authority Act No. 50 of 1998 established a National Child Protection Authority (NCPA), which aims at coordinating and monitoring action against all forms of child abuse. Section 14 of Act No. 50 of 1998, sets forth the various functions of the NCPA, which includes: advising the Government in the formulation of a national policy in the prevention of child abuse; monitoring the implementation of laws relating to all forms of child abuse; and recommending measures to address the humanitarian concerns relating to children affected by armed conflict and the protection of such children. The Government also indicates that the Ministry of Employment and Labour has set up a National Steering Committee (NSC) in 1997 under the ILO/IPEC country programme to eliminate child labour. The Committee asks the Government to provide information on concrete measures taken by the NCPA and NSC to prohibit the forced or compulsory recruitment of children under 18 years for use in armed conflict and the sale and trafficking of children for commercial sexual exploitation, and results achieved.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Sri Lanka is one of the three countries included in the South Asian ILO/IPEC Subregional Programme to Combat Trafficking of Children for Exploitative Employment. A Plan of Action which has been elaborated covers four areas of intervention, namely: legal reform and law enforcement; institutional strengthening and research; prevention, rescue, rehabilitation; and reintegration. This Plan of Action is to be implemented within ten years. The legal reforms needed with regard to child trafficking violations were identified and action is being taken by the Ministry of Justice to make necessary amendments to the law. The Committee asks the Government to provide a copy of the abovementioned Plan of Action for the Elimination of Trafficking of Children, and on the results achieved through its implementation.

Article 7, paragraph 2. 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. According to the "Rapid Assessment Study on the Commercial Sexual Exploitation of Children", a number of government agencies and NGOs are active in assisting sexually exploited children. All these institutions are registered and monitored by the Probation and Child Care Services Department (PCCSD) under the Ministry of Social Services. The rehabilitation programmes for sexually victimized children include educational, recreational, vocational training and social programmes. The PCCSD provides shelter and protection to sexually abused children and files action in court to achieve justice for the victims. Thereafter, it provides rehabilitation programmes under which the abused children are provided with job-oriented training. Several other NGOs such as the Social, Economic and Development Centre (SEDEC) affiliated with CARITAS, and Eradicating Sexual Child Abuse, Prostitution and Exploitation (ESCAPE), conduct awareness-raising programmes, render legal assistance to children who are sexually abused, and conduct rehabilitation programmes for sexually abused children. The Committee asks the Government to provide information on the impact of the aforementioned programmes with regard to removing children from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. 1. Children who have been affected by armed conflict. The Committee notes that in its comments, the ICFTU recommends that the Government design and implement programmes of action to prevent the recruitment of particularly vulnerable groups of children in armed groups. Such action programmes could include socio-economic programmes which enable all children to enter and remain in education; programmes to support families so that children do not drop out of schools; more youth employment opportunities; programmes to address the causes of domestic violence; and public awareness programmes to warn of the dangers of recruitment in the military. The Committee also notes that in its concluding observations on the second periodic report of Sri Lanka in July 2003 (CRC/C/15/Add.207, paragraphs 44-45), the Committee on the Rights of the Child indicated that almost 20 years of civil conflict has had an extremely negative impact on the implementation of the Convention on the Rights of the Child in Sri Lanka. While recognizing that children will greatly benefit from the peace process, the Committee on the Rights of the Child was concerned that during the transition to peace and the reconstruction process, children who have been affected by the conflict remain a particularly vulnerable group. The Committee on the Rights of the Child recommended that Sri Lanka implement the Plan of Action for the Respect of the Rights of Children during the reconstruction process (2003). In particular, the Committee on the Rights on the Child recommended that Sri Lanka: (a) prioritize the demobilization and reintegration of all combatants under 18 and ensure that all armed groups reintegrated into the national armed forces adhere to the minimum age of recruitment of 18 years; (b) develop, in collaboration with international organizations and NGOs, a comprehensive system of psychosocial support and assistance for children affected by the conflict, in particular child combatants, unaccompanied internally displaced persons and refugees, returnees and landmine survivors, which also ensures their privacy; (c) take effective measures to ensure that children affected by conflict can be reintegrated into the education system, including through the provision of non-formal education programmes and by prioritising the rehabilitation of school buildings and facilities and the provision of water, sanitation and electricity in conflict-affected areas. The Committee requests the Government to provide information on effective and time-bound measures taken in line with the above recommendations to address the situation of children who have been affected by the armed conflict. It also requests the Government to supply information on the impact of such measures in providing for the rehabilitation and social integration of former child combatants, and in particular to indicate approximately how many former child combatants have been rehabilitated through such measures.

2. Child domestic workers. In its comments, the ICFTU indicates that some 19,111 children work as domestic workers, 70 per cent being girls and 79 per cent from rural areas. It also indicates that there are reports of some rural children employed in debt bondage as domestic servants in urban households and of child domestic servants being employed in 8.6 per cent of homes in the southern province. They are often deprived of education and subject to physical, sexual and emotional abuse. The Committee takes note of the "Rapid Assessment Study on child domestic labour" published by ILO/IPEC in September 2003. The rapid assessment was segmented into three semi-projects. These three-semi projects contribute to the understanding of the situation of child domestic workers. According to the third project entitled "What Happens Behind Closed Doors", the hypothesis that child domestic workers engage in age-inappropriate domestic chores was confirmed by the fact that many children recruited for domestic work were below 14 years of age and were engaged in a variety of activities including those that are considered to be hazardous. The Committee asks the Government to provide information on measures taken to protect child domestic workers under 18 from hazardous labour and which provide for their rehabilitation and social integration.

3. Child victims and orphans of HIV/AIDS. The Committee notes that according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, young persons (15-25) in Sri Lanka constitute a substantial proportion of the population. There is evidence of growing numbers of young persons who engage in commercial sex, both heterosexual and homosexual. Some of these are with tourists and occur along the coastal areas frequented by the tourists. Foreign paedophiles also operate for commercial sex with young boys. Youths out of school are particularly vulnerable. Thus, these groups will be the focus of educational programmes to be implemented with the collaboration of the National Youth Service Council and NGOs. According to UNAIDS, although school children can be reached through school-based programmes, it is also necessary to reach to children out of school and/or unemployed youth. This includes street children in urban areas and areas bordering the conflict such as Anuradhapura town. Community-based organizations need to reach these children and youth using child-friendly approaches. Children and youth in conflict areas, and economically impoverished areas need special consideration. Children and families of those infected with HIV/AIDS also need to be addressed in this plan. These children may require long-term services and support and community-based strategies will be explored to address these needs. NGOs will play a significant role in reaching to the children out of school. Moreover, UNAIDS estimates that in 2001, 4,800 adults and children lived with HIV/AIDS, and at the end of 2001, around 2,000 children under the age of 15 had lost their mother or father or both parents to AIDS. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Article 8. International cooperation and/or assistance. The Committee notes that Sri Lanka is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Government indicates that the country has received financial and technical assistance from different member countries in giving effect to the provisions of this Convention as well as assistance from ILO/IPEC. According to the information available at the Office, UNHCR is engaged in inter-agency collaboration with regard to the protection of children and adolescents affected by armed conflict. Moreover, Sri Lanka has prepared a Poverty Reduction Strategic Paper (PRSP) to promote growth and reduce poverty through a participatory process involving civil society and development partners, including the World Bank and the International Monetary Fund (IMF). The Committee asks the Government to continue to supply information on international cooperation and/or assistance received to tackle the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee also requests the Government to supply information on any notable impact of the PRSP on eliminating the worst forms of child labour.

The Committee is raising other points in a request addressed directly to the Government.