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

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

Articles 3(a) and 7(2)(a) and (b) of the Convention. Worst forms of child labour and effective and time-bound measures. Sale and trafficking of children and prevention, assistance and removal from the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information in its report that the Women and Children Abuse Investigation Range of the Sri Lanka Police which encompasses several institutions including the Special Police Investigation Unit located at the National Child Protection Authority (NCPA), 45 Divisional Children and Women Bureaus and 602 Children and Women Desks established in Police Stations nationwide, is instrumental in combating child trafficking. In addition, the “Human Trafficking, Smuggling, and Maritime Crimes Investigation Division”, established within the Criminal Investigation Department, concentrates on investigating and combating human trafficking, smuggling, and related offenses. The Government also states that a Border Surveillance Unit (BSU) and the Border Risk Assessment Centre (BRAC) have been established to identify potential human smugglers and traffickers and victims at the country’s border, especially at the Bandaranaike International Airport. The Government further indicates that from 2021 up to September 2023, 22 cases of trafficking of children were identified by the special unit in the police.

The Committee further notes the information from the International Organisation for Migration (IOM) that the IOM has launched a three-year project entitled “Strengthening Government and CSO Capacity to Combat Trafficking in Persons and Create Greater Impact” (IMPACT) in July 2022. The IMPACT project aims to strengthen national and local/community level capacities and scale up community driven responses to effectively combat and respond to trafficking in persons and contribute to the effective implementation of the National Strategic Action Plan (NSAP 2021–2025) to Monitor and Combat Human Trafficking. While noting the measures taken by the Government, the Committee requests the Government to indicate the specific measures taken to ensure that perpetrators of trafficking of children are subject to thorough investigations and prosecutions. It also requests the Government to provide statistical information on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed on perpetrators of trafficking of children under 18 years of age. Lastly, it requests the Government to continue to provide information on the number of child victims of trafficking who have been identified and withdrawn from this worst forms of child labour as well as provided with assistance for their rehabilitation and social integration.

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 the Government’s indication in its report to the 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), that issues pertaining to child prostitution and child pornography are critical, with increasing access to information and communication. It further observed that 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.

The Committee notes the information provided by the Government on the initiatives undertaken to prevent child prostitution and child pornography, including: (1) conducting comprehensive public awareness campaigns in collaboration with relevant stakeholders, including educational initiatives targeting school children and their parents; (2) the establishment of the Women and Children Abuse Investigation Range (WCAIR) which plays a pivotal role in effectively detecting, investigating, and prosecuting cases related to child prostitution and child pornography; and (3) the establishment of the 24/7 Hotline under the Bureau for the Prevention of Abuse of Children and Women (BPACW) that serves as an effective platform for receiving, investigating, and prosecuting cases of child prostitution and child pornography. The Government also indicates that the WCAIR is being integrated with INTERPOL’s ICSE Database and NCMEC CyberTipline which would enhance the WCAIR’s capabilities in conducting investigations and prosecuting individuals suspected of engaging in activities such as using, procuring or offering children for prostitution, the production of pornography, or pornographic performances. The Committee also notes the statistical information provided by the Government on the investigations carried out under the Penal Code. Accordingly, from 2021 to May 2023, 25 offences under section 286A (obscene publication, exhibition relating to children); 27 offences under section 360A (procuration); and 31 offences under section 360B (sexual exploitation of children), were investigated. It further notes that according to the statistics from the National Child Protection Authority, in 2023, 6, 20 and 8 cases were reported under sections 286A, 360A and 360B respectively. The Committee requests the Government to continue taking effective measures to combat child prostitution and child pornography, including within the framework of the WCAIR, following its integration with the INTERPOL Database and CyberTipline, and to provide information on the impact of such measures in effectively detecting, investigating, and prosecuting cases related to child prostitution and child pornography. It also requests the Government to continue to provide information on the number of investigations carried out for the offences related to the use, procuring or offering of children under 18 years for prostitution or pornography, in particular under sections 286A, 360A and 360B of the Penal Code, as well as to provide specific information on the prosecutions, convictions and penalties imposed for such offences.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. The Committee previously requested 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 as well as to ensure the adoption of the draft regulation revising the list of hazardous occupations prohibited to persons under the age of 18 years.

The Committee notes with satisfaction that the Hazardous Occupations Regulations No. 01 of 2021 which expanded the list of prohibited work for young persons to 71 specific sectors has been adopted pursuant to section 20A (which prohibits the employment of children under the age of 18 years in hazardous occupations) of the Employment of Women, Young Persons and Children Act, No. 47 of 1956. The Committee notes that the list of hazardous occupations under this regulation now includes domestic work; work in a spa; involvement with computer or electronic devices that are harmful to psychological well-being or online access; work involving high voltage electrical wire lines; participation in performances involving flammable substances or fire; and occupations deemed harmful to health, safety, or morals in the context of movies, tele dramas, or any other printed, transmitted, or published material. The Committee requests the Government to provide information on the implementation of the Hazardous Occupations Regulation No. 01/2021, including the number and nature of violations detected regarding young persons engaged in hazardous work.

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. In its previous comments, the Committee noted the Government’s indication in its Policy on Elimination of Child Labour in Sri Lanka 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. It also noted that the CRC, in its concluding observations under the OPSC, expressed concern about reported cases of parents encouraging children, particularly girls, to enter the sex industry (CRC/C/OPSC/LKA/CO/1, paragraph 19).

The Committee notes the Government’s indication that the Department of Probation and Child Care Services (DPCCS) has drafted nine Provincial Action Plans to implement the National Alternative Care Policy for Children, approved in March 2019 with the direct participation of the respective Provincial Council Officials. This policy addresses child victims of sexual exploitation along with measures to ensure the protection and overall wellbeing of children. The Government also indicates that the National Child Protection Authority is actively implementing preventive measures to reduce the number of children who fall victim to commercial sexual exploitation, including through conducting various awareness-raising programmes targeting plantation sector workers, school children and hotel owners in the tourism sector. The Committee, however, notes the Government’s statement that Sri Lanka faces challenges related to the commercial sexual exploitation of children, which includes child sex trafficking, child sex tourism, and other forms of exploitation. The coastal areas and tourist destinations are particularly vulnerable due to the influx of tourists and the potential for anonymity. In this regard, the Committee 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 girls and boys are sexually exploited in the tourism sector. The Committee urges the Government to take immediate and effective time-bound measures to remove child victims of commercial sexual exploitation from this worst form of child labour and to provide for their rehabilitation and social integration.It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of children removed from this worst form of child labour and rehabilitated and socially integrated.

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