Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Sri Lanka (Ratification: 2001)

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.