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Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Other comments on C138

Direct Request
  1. 2009
  2. 2007
  3. 2006
  4. 2003

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Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. Following its previous comments, the Committee notes with satisfaction the Government’s information in its report that the Employment of Women, Young Persons and Children (EWYPC) Act No. 47 of 1956 has been amended by the Employment of Women, Young Persons and Children (Amendment) Act No. 2 of 2021, in order to raise the minimum age for admission to work or employment from 14 to 16 years. The Committee accordingly notes that section 7(1)(a) of Act No. 2 of 2021, defines a “child” as a person under the age of 16 years and a “young person” as a person who has attained the age of 16 years but is under the age of 18 years. The Committee further notes the Government’s information that communications have been sent to the ILO and that an appreciation note has been received from the ILO in this regard.
Article 2(3). Age of completion of compulsory schooling. Following its previous requests, the Committee notes with satisfaction that pursuant to the amendments to the EWYPC Act No. 2 of 2021, the minimum age for admission to employment or work is now aligned with the age of completion of compulsory schooling of 16 years as provided under the Compulsory Attendance of Children at School Regulation No. 1 of 2015, and therefore in line with Article 2(3) of the Convention. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and to provide information on the school enrolment and completion rates of children below the age of 16 years.
Application of the Convention in practice and labour inspection. In response to its previous comments, the Committee notes the Government’s detailed information on the various initiatives undertaken to eliminate child labour in the country from 2021 to 2023. In this regard, the Committee notes that: (1) various awareness-raising campaigns against child labour were conducted through posters, print media, TV and radio programmes, and theme songs and short films on child labour; (2) specific awareness-raising initiatives on eradicating child labour as well as on the revised minimum age and legal regulations were carried out for child welfare and protection officers, school teachers and students, and private sector employees; (3) a series of seminars were carried out in the fishing community island; (4) social dialogue platforms were conducted across the country via the 11 Zonal offices to facilitate productive tripartite discussions involving employers, employees and the Department of Labour; and (5) trainings of trainers were organized targeting 46 probation officers, 88 labour officers, and 45 police officers aimed at enhancing their expertise and understanding of child labour issues.
The Government also refers to several training programmes undertaken by the Department of Labour, including: (1) induction trainings carried out for the newly recruited Sri Lanka Administrative Service officers and Labour Officers; (2) an online training session on the latest amendment to labour laws and a comprehensive two-day Residential Training Workshop on labour laws and court procedures covering 68 labour inspectors, 11 Zonal Deputy Chief Labour Commissioners; 40 district level Assistant Child Labour Commissioners and 17 senior Labour Officers; and (3) four distinct training programmes with the support of the ILO on addressing child labour and hazardous child labour catered to labour officers, police officers and probation officers. Moreover, in 2023 as part of the Child Labour free Zone Programme, ten villages have been identified for carrying out special initiatives aimed at eradicating child labour. The Committee also notes from the Government’s report that according to the data from the Department of Labour in 2021, 204 complaints and in 2022, 145 complaints pertaining to child labour were received, and 7 and 4 cases of child labour have been identified, respectively. However, no information on the penalties imposed with regard to the employment of children and young persons has been provided.
The Committee further notes from the End of Mission Statement by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, on his country visit to Sri Lanka (26 November–3 December 2021) that child labour continues to exist and is particularly seen in the domestic sector, hospitality, cleaning and general service industry. Child labour is particularly severe in rural areas populated by ethnic minorities where some children are forced to drop out of school to support their families. The Committee strongly encourages the Government to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy and children living in rural areas. It requests the Government to continue to provide information on the measures taken and the results achieved in this regard, including within the framework of the Child Labour Free Zone Programme. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified. Lastly, the Committee requests the Government to provide information on the number and nature of violations detected and penalties applied with regard to the employment of children and young persons.
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