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

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Written information provided by the Government

The Government has provided the following written information, as well as statistics on the nature of violations and penalties applied relating to the employment of children, and statistics on the school enrolment and dropout rates among children under the age of 16.

The Government extends its appreciation to the Committee of Experts for its expression of satisfaction regarding the increase in the minimum age of admission to employment to 16 years. The Government remains fully committed to taking all necessary measures to ensure that every child is protected from the risks of child labour.

Further, Sri Lanka joined Alliance 8.7 in 2018 and has been an active member of the forum since then. The country submitted its action plan on child labour, forced labour, and trafficking in persons at the 18th Global Coordination Group (GCG) meeting in April 2024, demonstrating its commitment.

Sri Lanka has a strong legal and administrative system to prevent child labour. Presently, the minimum age for employment is 16, and no child under that age can be employed. This is in line with the national education policy. In 2021, the list of hazardous types of work was expanded from 51 to 71 to protect young children.

The Department of Labour has taken many innovative initiatives to eliminate child labour completely from Sri Lanka. One such activity is engaging with grassroots communities and local organizations to raise awareness about child labour. With the support of the Community Police, the Department of Labour has started awareness campaigns and capacity building at community level. These are progressing well, and we hope this will help us to achieve our target.

The Department of Labour maintains a comprehensive regional office network that spans the entire island, enabling effective inspection and monitoring activities across all districts. This widespread presence allows labour inspectors to respond promptly to complaints and conduct regular inspections, even in rural areas. Moreover, labour inspectors possess a strong subject knowledge and received specialized training on child labour issues, which enhances their ability to identify and address child labour issues in the informal sector. As a result of these institutional strengths and ongoing enforcement efforts, Sri Lanka is in a relatively strong position in the region to eliminate child labour.

The grassroot level civil society awareness on social responsibility towards the elimination of child labour has been initiated in collaboration with the Community Police Division of the Sri Lanka Police by the Department of Labour. The pilot programme has been conducted covering the Colombo District in 2024. Accordingly, four divisional Officers In-Charge (OIC) of Police Station and Community Police OICs of each police station in Colombo district were given a special training on 20 August 2025.Then community police advisory committees had been convened by each community police OICs and 587 community level leaders and religious priests had been convened. Assistant commissioners and deputy commissioners of the Department of Labour participated as resource persons in those awareness programmes. In parallel to this programme, trainings were provided to police OICs officers engaging in community police divisions and officials from the Department of Labour (labour inspectors) on the elimination of child labour. Details of the programmes are as follows. In these programmes, 244 officers participated.

A training of trainers (ToT) programme was also conducted in 2025 to create a pool of trainers from labour inspectors to conduct awareness programmes island-wide to promote social dialogue and to eliminate child labour. In this programme 63 officers were trained.

The Complaint Management System of the Department of Labour has a separate field for lodging complaints on child labour occurrences. Even anonymous complaints are investigated and the National Child Protection Authority (NCPA) has been introduced with a separate access for complaints received via the 1929 child helpline.

Sri Lanka has already managed to bring the prevalence of all forms of child labour to a minor level. As per the Child Activity Survey 2016, the percentage of child labour was 1 per cent. A study on child labour in Colombo district has been done recently (2024) by the Statistics Division of the Department of Labour with a sample of 1,000 households to identify the risk and prevalence of child labour. As per the study, only 0.3 per cent reported as children engaged in economic activities which is less than the statistics of the 2016 Child Activity Survey.

Discussion by the Committee

Chairperson – I have the honour of inviting the honourable representative of the Government of Sri Lanka, the Senior Assistant Secretary of the Ministry of Labour, to make his initial remarks.

Government representative – On behalf of the Government of Sri Lanka, I wish to express our deep and firm commitment to protecting children and eliminating all forms of child labour. The rights, safety and well-being of children remain a national priority for Sri Lanka. In the meantime, we value the observations made by the Committee of Experts and appreciate their constructive inputs in supporting our continued efforts to protect every child in our country.

Relating to the Convention, the principle is clear: to effectively abolish child labour and progressively raise the minimum age for employment. The Government of Sri Lanka has taken measures accordingly. The minimum age for employment in Sri Lanka is 16, whereas in a few countries it is still 14 or 15. The minimum age is in line with national education policy.

In Sri Lanka, several government institutions, such as the Department of Labour, the National Child Protection Authority, the Ministry of Women and Child Affairs, the Women and Children Bureau of the Police, trade unions, employers’ organizations and civil society organizations are working collectively to protect the rights of children.

We follow a whole-of-government and whole-of-society approach to ensure that children’s rights are safeguarded. The mechanism is connected effectively horizontally and vertically. Furthermore, Sri Lanka is surprised to note its inclusion in the final list of cases despite the Committee of Experts expressing satisfaction with the progress made on the Convention. Sri Lanka has been successful in reducing child labour, and its inclusion in the list undermines the country’s efforts to eliminate child labour. In addition, we have a regular national tripartite forum, and neither trade unions nor employers have raised this issue in recent national discussions.

Sri Lanka prohibits young persons aged between 16 and 18 from engaging in hazardous jobs, thereby offering greater protection. Seventy-one jobs have been identified as harmful for young persons, including domestic work and jobs in the construction sector and fisheries.

This revision aims to prevent young persons from engaging in dangerous work that poses a risk to their health, safety and well-being. By harmonizing these laws, Sri Lanka has enforced restrictions on child labour across all sectors, including by prohibiting the employment of persons aged under 18 in hazardous settings.

Sri Lanka also has a robust policy framework. The National Policy on the Elimination of Child Labour, adopted in 2018, has been successfully implemented. It guides all related activities and provides direction to stakeholders.

To implement child labour elimination efforts, the Department of Labour maintains 78 branch officers across the island, enabling effective inspection and monitoring across all districts. Labour inspectors are trained specifically on child labour issues, allowing them to identify and address child labour cases, especially in the informal sector.

Sri Lanka has made substantial progress in eliminating child labour over recent decades. The 2016 Child Activity Survey indicated that around 43,000 children were engaged in child labour, a sharp decline from the 900,000 reported in 1999. A 2014 study conducted by the Department of Labour in the Colombo district, covering 1,000 households, found that only 0.3 per cent of children were engaged in economic activities, a further decrease from the 2016 survey. This demonstrates a continuing decline in child labour in Sri Lanka.

The National Steering Committee on Child Labour, established under the 2017 National Policy on the Elimination of Child Labour, acts as the main inter-agency coordination mechanism. It includes all stakeholders, trade unions, employers and non-governmental organizations, and it is chaired by a higher authority, such as the Department of Labour. All matters related to child labour are discussed and coordinated effectively through this Committee. This Committee meets quarterly and has a minimum of four meetings every year.

Sri Lanka, being part of Alliance 8.7, submitted its national road map in April last year, focusing on four priorities – prevention, protection, prosecution and partnership – across child labour, forced labour and human trafficking. Sri Lanka has clearly displayed its determination to eliminate child labour.

At the grassroots level, district and divisional Child Development Committees convene to discuss child labour issues. Labour officers, probation officers, police officers and village officers attend these meetings. The matters that they are unable to resolve will be escalated to the national-level Committee and effectively addressed.

The Ministry of Education has taken steps to address school dropouts through school-based and zone-based committees. When a student drops out, these committees, with the help of community leaders, act swiftly and take action to reintegrate them into school. Sri Lanka provides education from pre-school up to the university level to ensure school attendance. The Government also offers free uniforms, meals and textbooks, and sanitary pads for female students. This comprehensive support ensures that no child is left behind due to poverty.

In 2024, there were only 5,000 school dropouts, less than 1 per cent of the total student population. Each case is addressed separately and seriously. Some children drop out due to poverty or incompatibility with traditional education. There are many other factors, and they are also addressed. For example, the children of migrant workers are continuously monitored by development officers. If any child drops out of school, these officers intervene and take the necessary steps to help the child to return to school.

In 2018, with the introduction of the compulsory education policy, the Government also introduced vocational training opportunities for children under 16 who find it difficult to cope with the traditional education system. This allows them to transit into the vocational stream and prevents them from dropping out of the education system.

To combat child labour in the informal sector, Sri Lanka works with community leaders through a pilot initiative using an existing community policing mechanism. In Colombo, special training has been provided for divisional officers-in-charge, police and other officers. A total of 587 community leaders participated. In parallel, 244 police and labour officers were trained on child labour elimination. This programme has also been expanded to other provinces. This approach has been highly successful. The Department of Labour is able to receive information about potential school dropouts and take proactive measures to prevent them from falling into child labour.

The Department of Labour conducts group inspections to identify potential child labour in the informal sector, especially in the fisheries sector. In 2024, we had 47 group inspections, some of which identified potential child labour, allowing us to take action proactively.

It should be noted that in Sri Lanka, no child labour has been reported in the formal sector. In the informal sector, awareness is key to reducing the phenomenon. In this regard, a dedicated hotline is available for the public to report child-related concerns. Complaints received through the hotline are categorized and referred to the relevant agencies. For example, reports related to child labour are directed to the Department of Labour, while cases of abuse are referred to the police. In addition, the Department of Labour has digitalized its complaint management system to improve access for the public. There is also a dedicated WhatsApp number for filing complaints with the Department of Labour.

In 2023, Sri Lanka introduced a pledge programme encouraging employers to publicly commit to not recruiting children into their workforce. The aim of this initiative is to raise awareness and strengthen the commitment of employers and workers to preventing child labour. In this regard, we have conducted 24 pledge collection programmes in the plantation sector and 40 programmes in industrial sectors to ensure that employers formally commit to not employing children.

Further, we have observed a steady decline in child labour cases in recent years. In 2022, we identified 11 cases; in 2023, 12 cases and in 2024, we had only 2 cases, indicating a decline. Most reported cases of child labour were linked to manufacturing, and two were linked to domestic work.

All identified instances of child labour have been prosecuted. Of 12 legal cases, five are ongoing, three lacked evidence and four were concluded. One led to compensation of 500,000 Sri Lanka rupees, and two resulted in fines of 10,000 rupees and penalties of 8,000 rupees. In 2024, two new cases were filed, and one additional case was filed in 2024; legal action is continuing.

Furthermore, the Department of Labour conducts 80,000 inspections annually with its limited staff of 500 labour officers. Plans are under way to recruit 100 more officers. Each time they carry out an inspection, they check for child labour, and they are required to report the age of each worker in the reporting system. Our ultimate goal is to create an environment where children do not need to work, but can grow, learn and thrive. That is our focus, and the Government is committed to continuing these progressive actions.

Employer members – Sri Lanka ratified the Convention in 2000, and the Committee of Experts made prior observations on this case in 2024, 2020, 2019, 2017, 2013 and 2011. This is the first time that the Committee has discussed Sri Lanka’s application of the Convention. We thank the Government of Sri Lanka for having submitted relevant information to the Committee regarding the application of this Convention in law and in practice. We find that this information is very promising, as is the strong commitment expressed by the Government representative to ensuring that every child is protected from the risks of child labour.

The Committee of Experts’ observations highlight significant steps taken by Sri Lanka, but also persistent gaps in areas where further efforts are required to ensure compliance with the Convention in law and practice. First, regarding the minimum age for admission to employment or work (Article 2(2)) and compulsory education (Article 2(3)), the Employer members welcome with satisfaction the legislative amendments made to the Employment of Women, Young Persons and Children Act in 2021.

These amendments have successfully raised the minimum age for admission to work or employment from 14 to 16 years. We also note with satisfaction that a “child” is now defined as a person aged under 16 years and a “young person” as someone aged between 16 and 18 years. This is a significant step forward in protecting children.

Furthermore, we commend the Government for aligning the minimum age for admission to employment with the age of completion of compulsory education, which is 16 years as stipulated under the Compulsory Attendance of Children at School Regulation No. 1 of 2015. This alignment is critical for ensuring that children remain in school and do not enter the workforce prematurely.

Regarding the application of the Convention in practice and labour inspection, the Employer members take note of the Government’s extensive efforts and the numerous initiatives undertaken between 2021 and 2023 to eliminate child labour. In particular:

• the diverse awareness-raising campaigns conducted, as well as seminars in fishing communities and outreach to school personnel, child protection officers and private sector workers;
• the collaboration with the community police to initiate awareness-raising campaigns and capacity-building at the community level, including a pilot programme in Colombo in 2024 that trained 587 community leaders and religious priests;
• the training programmes for labour inspectors, probation officers, labour officers and police officers;
• the improved complaint management system within the Department of Labour including a separate field for child labour complaints and access for the National Child Protection Authority to the 1929 Child Helpline.

We also acknowledge the support provided by the ILO to Sri Lanka, including its designation as an Alliance 8.7 Pathfinder country, the development of Child Labour Free Zones, the national community strategy, the training module on the school-to-work transition and the preparation of the road map for the elimination of child labour. Sri Lanka’s active participation in Alliance 8.7 and submission of its action plan in April 2024 further demonstrates its commitment.

However, the Committee of Experts’ observations outlined persistent gaps and areas requiring reinforced action. We echo the Committee of Experts’ concern regarding these issues. We must express deep concern regarding the report of the United Nations (UN) Special Rapporteur on contemporary forms of slavery following his 2021 visit. We cannot overlook the persistence of child labour in the domestic, hospitality, cleaning and several service sectors, in particular in rural areas and among ethnic minorities. Some children are even engaged in the worst forms of child labour, including prostitution, and are forced to drop out of school to support their families.

The Employer members are of the view that the prevalence of these unacceptable practices illustrates the need for a holistic approach and the many challenges a country can face when enforcing new regulations.

Against this backdrop, the Employer members would like to request the Government to redouble its efforts to progressively eliminate child labour with a strong focus on the informal economy and children living in rural areas.

We would like to request the Government to take measures to ensure that thorough investigations and robust prosecutions are carried out in practice and that sufficiently effective and dissuasive sanctions are imposed to deter adults from employing and abusing children; to strengthen the capacity and expand the reach of the labour inspectorate in addressing child labour, particularly in the informal sector; to continue to provide comprehensive information on the number of children identified as engaged in child labour, as well as the number and nature of violations detected and penalties applied with regard to the employment of children and young persons; to ensure that the definition of child labour used by the national child labour service to calculate child labour statistics aligns with international standards so that the number of children in child labour estimated by the Child Activity Survey is correct; to implement the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and to continue to provide updated information on the school enrolment and completion rates of children below the age of 16.

The Employer members would like to highlight that, while substantial, prosecuting and sanctioning adults and removing children from child labour are not stand-alone solutions. As such, these measures cannot be sufficient, effective or sustainable if not implemented in conjunction with strategic policies aiming to address the root causes, risk factors and socio-economic circumstances that either lead to or result in the exploitation of children.

The Employer members are of the view that the Government’s efforts could translate into greater results if combined with programmes to address vulnerabilities to child labour, particularly for ethnic minorities and in areas identified as having the highest risk of child labour. We encourage the Government to intensify its efforts to increase capacity among the tripartite constituents and to seek further assistance from the ILO and other international development partners to develop and implement multidimensional, sustainable strategies to eradicate child labour, built upon timely and effective consultation with the social partners.

We believe that the strong commitment and persistent efforts of the Government of Sri Lanka to address this issue are an example of how the work of the ILO, including the work of the Committee of Experts and, hopefully now, the work of this Committee, can have a positive impact on the lives of workers and employers and the lives of children around the globe.

Worker members – This is the first time that our Committee has been called upon to examine the application of the Convention by the Government of Sri Lanka. We begin by acknowledging the important legislative efforts made by the Government to comply with the Convention.

The 2021 amendment to the Employment of Women, Young Persons and Children Act (No. 47 of 1956) has raised the minimum age for admission to employment from 14 to 16 years. This reform brings national law into compliance with the minimum age requirement of the Convention. It also harmonizes with the age of completion of compulsory education, as established under Regulation No. 1 of 2015 on compulsory school attendance. This alignment is not only consistent with the Government’s international obligations under the Convention, but is also a vital step in safeguarding the right of every child to education and protection from premature entry into the labour market.

The Worker members also take note of the range of initiatives undertaken between 2021 and 2023 to raise awareness and build capacity to address child labour. Campaigns through television, radio and print media, community-level seminars and targeted training for child protection officers, teachers, labour inspectors, police and probation officers demonstrate a comprehensive approach.

We particularly welcome the creation of social dialogue platforms across the 11 zonal offices and the identification of ten villages under the Child Labour Free Zone programme for special initiatives aimed at eradicating child labour. These community-based initiatives are critical to long-term prevention and child protection. However, while acknowledging these important strides, the Worker members must emphasize that the existence of child labour in Sri Lanka remains a serious concern.

The UN Special Rapporteur on contemporary forms of slavery has identified persistent child labour in domestic work, the hospitality industry, cleaning services and general informal sectors. The informal economy, which often escapes regulatory oversight, presents a significant challenge for the effective implementation of the Convention. Children working in informal sectors are especially vulnerable to exploitation, hazardous conditions and the deprivation of education and social protection. These risks are heightened in rural areas populated by ethnic minorities where children are often forced to drop out of school to support their families. Research by the ILO also reveals that children in rural areas face barriers to education, including difficulties in traveling to school in some regions and an inadequate number of teachers.

The Worker members, therefore, urge the Government of Sri Lanka to intensify its efforts to extend the reach and capacity of the labour inspectorate, ensuring that all children engaged in labour, particularly in informal and rural settings, are identified, protected and supported to exit child labour.

The Worker members take note of the information provided by the Government indicating that in 2021 and 2022, 204 and 145 complaints of child labour were received, leading to the identification of 7 and 4 cases, respectively. While this reflects the fact that reporting and investigation mechanisms are in place, the low number of confirmed cases suggests that labour inspection remains insufficient, particularly in the informal economy, where child labour is most prevalent.

The lack of resources allocated to the labour inspectorate is all the more concerning in view of the persistence of the worst forms of child labour, including child trafficking, commercial sexual exploitation, child pornography and child prostitution, including the continued “beach boy” phenomenon in tourist areas.

We call on the Government to strengthen the capacity, training and coverage of the labour inspectorate, paying special attention to the rural economy, vulnerable communities and highrisk sectors. Increased efforts in monitoring, including inspection visits and rigorous follow-up on complaints, are essential to ensure that violations are detected and addressed in a timely and effective manner.

Moreover, we are concerned by the lack of data on penalties imposed for violations of the statutory minimum age requirements. Legal reforms and awareness campaigns are critical, but without meaningful enforcement, including sanctions for violations, progress risks being undermined.

We echo the Committee of Experts’ call for 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.

In conclusion, the Worker members recall that Sri Lanka is a Pathfinder country under Sustainable Development Goal target 8.7, an international initiative designed to fast-track efforts to eliminate child labour and forced labour. This status is both an opportunity and a responsibility. As a Pathfinder, Sri Lanka is expected to set a high standard for leadership, implementation and transparency. We therefore urge the Government to sustain and deepen its efforts to continue strengthening enforcement mechanisms, expand the reach of the labour inspectorate, improve access to education and protect all children from economic exploitation and abuse. By honouring its international commitments under the Convention and by demonstrating political will and accountability, Sri Lanka can not only secure a better future for its children, but also serve as a positive example for other countries striving to eliminate child labour.

Employer member, Sri Lanka – I am pleased to share our progress through Sri Lanka’s inclusion in the Committee’s discussion with regard to the Convention, for the reason that Sri Lanka has made great strides in combating child labour during the last two decades in particular.

We as the Employer members of the ILO and the national employers’ organization, recognized by the Government of Sri Lanka, have worked attentively on this subject to achieve the required level of compliance in relation to the Convention. It is important to highlight that successive governments have paid serious attention to the complete eradication of child labour from the working environment in Sri Lanka. We have fully supported government initiatives through the National Labour Advisory Council and various other committees and initiatives established to promote child labour free working environments.

I must state that we guide companies on labour law and international Conventions on child labour and advise employers on the strict implementation of such regulations and laws as they relate to them.

I would like to highlight the recent developments in the legal provisions and policy framework in Sri Lanka relating to child labour for the attention of the Office. The Government of Sri Lanka in its address did mention certain steps that have been taken to address, during the last few decades, and in particular the last few years, the strengthening of the legal framework and the policy decisions taken by the Government.

Sri Lanka has a strong legal and administrative system to prevent child labour. Presently, the minimum age for employment is 16 years, which was increased from 14 years to align it with the mandatory schooling age in Sri Lanka.

In 2021, the list of hazardous jobs was expanded from 51 to 71 to protect young children. This covers hazardous jobs in which children between the ages of 16 and 18 cannot be employed, such as domestic work and fisheries. Through the Employment of Women, Young Persons and Children (Amendment) Act No. 2 of 2021, the minimum age for employment was revised from 14 to 16 years. This was a significant measure taken to further strengthen the legal provisions against child labour. Along with these steps, the Government has indicated its commitment towards further strengthening the legal provisions and the legal framework.

In addition to that, Sri Lanka has a policy-level framework to ensure that proper mechanisms are in place. It developed the National Policy on the Elimination of Child Labour, which was adopted in 2018 and has been successfully implemented. This policy guides all related activities and provides direction to all stakeholders involved.

The Department of Labour in Sri Lanka maintains a comprehensive regional office network across the island. The number of working children has dropped considerably, with the Child Activity Survey carried out in 2016 showing a child labour rate of 0.5 per cent, while the study conducted by the Department of Labour in 2024 has identified a further reduction of up to 0.3 per cent of children in economic activities.

The National Steering Committee on the Elimination of Child Labour established under the National Policy on the Elimination of Child Labour in 2017 acts as the inter-agency coordination mechanism to address and eliminate child labour in the country. The Employers’ Federation of Ceylon is represented as a committee member in the National Steering Committee, and progress meetings are held to evaluate the situation periodically.

The district and divisional child development committees discuss issues related to children, including child labour. Labour officers, probation officers and police officers attend these meetings to discuss the welfare of children at the local level, a mechanism that even penetrates not only the cities, but also rural areas.

Further, to ensure student attendance, the Government provides free education including, for example, free uniforms, free meals and free books. These are mechanisms whereby the Government has adopted measures that have greatly helped to eradicate child labour in rural areas by ensuring that poverty in those areas does not drive children towards child labour.

The Government has paid special attention to the fisheries sector, and in 2024, 47 group inspections were carried out, covering inland and coastal fishing areas. In addition, 22 awareness sessions have been conducted in 22 district labour offices targeting small- and medium-sized employers in the plantation sector.

So, through these government initiatives, not only have steps been taken in the concerned areas – which is the rural sector – but also the recent initiatives by the Government have certainly concentrated on those projects and targeted medium-sized employers and also the plantation sector.

We wish to emphasize that important measures required to address child labour in Sri Lanka have been taken by the Government, and we will further support all measures adopted by the Government in the future as well. We are confident that Sri Lanka has a strong case to support its position as a country that has made great progress. We are happy to note the precision of the Office, which is encouraging, and we will take further steps as may be necessary to further strengthen our fight against child labour.

Worker member, Sri Lanka – I would like to focus my remarks on the Convention, which Sri Lanka ratified in the year 2000. This Convention is not just a legal comment, but a moral one, rooted in our shared responsibility to protect the rights, dignity and future of children across the globe.

First and foremost, I wish to associate myself with the comments made by the Government representative and acknowledge the notable steps that Sri Lanka has taken to combat child labour. Since ratifying the Convention, our country has introduced a range of legislative and policy measures aimed at eliminating child labour and promoting access to education. One of the most significant actions has been taken in raising the minimum age for employment to align it with the age of completion of compulsory education.

According to the Department of Census and Statistics of Sri Lanka, child labour rates have shown a downwards trend over the past two decades. The 2016 Child Activity Survey indicated that child labour among children aged 5 to 17 stood at approximately 1 per cent. While even 1 per cent of children in labour is 1 per cent too many, this statistic reflects important progress when compared with previous decades. In addition, Sri Lanka has taken steps to strengthen school enrolment through the provision of free education, a school meal programme, free textbooks and transport assistance.

We are pleased to note that the current Government has continued to invest in these areas, recognizing that education is the most effective long-term solution to child labour. Trade unions have also played a key role in advocating for stronger enforcement of labour laws and, in some cases, directly supporting families in gaining access to education for their children. Importantly, our role extends beyond monitoring and reporting. We see ourselves as stakeholders in shaping national labour policy, and we are committed to contributing constructively to dialogue with the Government, employers and international partners. However, despite this progress, challenges remain.

Child labour is not only a legal issue, but also an economic and social issue, deeply intertwined with poverty, inequity and a lack of access to quality education. In certain rural and plantation areas we still find vulnerable communities where children are engaged in hazardous forms of labour or leave school early due to financial pressure at home. Informal and hidden forms of child labour remain difficult to monitor and regulate effectively.

We must also remain vigilant in the context of economic shocks. The COVID-19 pandemic and the recent economic crisis in Sri Lanka have put additional pressure on families. The root of child labour is poverty, and eliminating poverty is the way to eliminate child labour. International collaboration and technical support from organizations such as the ILO have been critical.

Going forward, we believe that regional dialogue and information-sharing among trade unions and Member States can strengthen our collective response. Child labour is not confined by borders. As I conclude, we commit ourselves to ensuring that every child has the opportunity to learn, to grow and to feel free from exploitation. We call for a stop to the wars that expend billions and for the investment of money in education and programmes to eradicate poverty. We appreciate that the Government of Sri Lanka remains committed to upholding the principles of the ILO and working to eliminate child labour in all its forms.

Government member, Pakistan – Pakistan appreciates that Sri Lanka is constructively engaged with the ILO on the implementation of the Convention.

We acknowledge the legislative and policy measures undertaken by Sri Lanka, including the recent amendments raising the minimum employment age and the expansion of the hazardous occupations list. We commend the national efforts to reduce child labour through school reintegration, community-level engagement and strengthened labour inspection mechanisms.

Pakistan welcomes the Committee of Experts’ positive observations and encourages continued international cooperation to support Sri Lanka’s progress in protecting children from labour exploitation, to ensure full protection and decent work conditions for all children, in line with international standards. We are confident that continued cooperation between Sri Lanka and the ILO will further support the goal of eliminating child labour in line with international standards

Worker member, Belgium – We, like the Committee of Experts, note that following previous comments, the Employment of Women, Young Persons and Children Act (No. 47 of 1956) was amended by Act No. 2 of 2021 to raise the minimum age for admission to employment or work from 14 to 16 years, in line with the Convention. That minimum age is therefore now in line with the age of completion of compulsory schooling in Sri Lanka, which is 16 years.

Similarly, the Dangerous Employment Order No. 1 of 2021 expanded the list of dangerous jobs prohibited for children under 18 years. Notably, that list includes domestic work, commercial fishing and deep-water fishing operations and work in mines, on construction sites and as tourist guides. Although legislation on the minimum age has been harmonized, there remains a need to continue and strengthen its implementation in practice.

Of course, according to the information provided by the Government, different initiatives have been established in that regard, including awareness-raising campaigns targeting the general public and more specific audiences, and also training programmes.

As highlighted in November 2021 by the UN Special Rapporteur on contemporary forms of slavery, however, child labour continues to exist in Sri Lanka. It is particularly visible in the domestic and hotel sectors, as well as in the cleaning services and general services sectors. Children in rural areas continue to be forced to drop out of school to provide for their families’ needs. There are also significant levels of child labour on tea and rubber plantations among the Tamil ethnic minority. The right to education must, however, be guaranteed for all children, including children living in poverty, regardless of their ethnic origin.

Moreover, the 2024 child labour report of the US Department of Labor, which covers 2023, states that “children in Sri Lanka are subjected to the worst forms of child labour, including in commercial sexual exploitation, sometimes as a result of human trafficking, and forced domestic work”.

On 30 July 2024, Save the Children also stated on its website that human trafficking in Sri Lanka had increased alarmingly.

It should also be highlighted that, despite the legal ban, children continue to be recruited to dangerous jobs, such as in mines, construction and deep-sea fishing, harming their health and safety. There is therefore an urgent need for appropriate measures to continue to be adopted so that the minimum age of 16 years and the ban on dangerous work before 18 years are fully respected in practice.

An important element of those efforts is the prosecution of offences and conviction of the perpetrators, with appropriate dissuasive sanctions. The aforementioned report of the US Department of Labor emphasizes that it is unknown whether the Government initiated prosecutions or convicted perpetrators for crimes related to the worst forms of child labour.

It is nevertheless vital to provide the means to undertake effective investigations and launch prosecutions against perpetrators while ensuring protection for victims. We therefore support the request of the Committee of Experts for the Sri Lankan State to compile and provide information on the number of prosecutions initiated, the nature of the crimes detected, convictions and the sanctions imposed in cases of the employment of children and young persons.

Interpretation from Chinese: Government member, China – For decades, Sri Lanka has continuously implemented and improved its laws and policies to eliminate child labour. It has established an inter-agency coordination mechanism to address child labour, built a nationwide network of regional inspection offices and created a robust legal framework and administrative system to effectively protect children’s rights.

Sri Lanka has also focused on advancing socio-economic development to tackle the root causes of child labour such as poverty, inequality and discrimination. It ensures the effective implementation of regulations on compulsory education through supportive oversight policies, thereby raising children’s educational attainment.

Extensive awareness campaigns have been conducted to boost social consciousness of eliminating child labour across all sectors. These efforts have yielded notable results, substantially reducing child labour in the country. China commends these achievements.

The Sri Lankan Government earnestly fulfils its obligations under the Convention, values the opinions of the ILO and relevant committees and enhances international cooperation through mechanisms like the National Steering Committee on the Elimination of Child Labour.

Following the 2021 amendments to the Employment of Women, Young Persons and Children Act, Sri Lanka recently passed further legislative amendments, raising the minimum working age to 16. This has been acknowledged and commended by the Committee of Experts.

We support the ILO secretariat and its standards supervisory system in maintaining constructive communication and cooperation with the Sri Lankan Government and providing the necessary technical support to further promote the country’s economic and social development, thus continuously helping to enhance its compliance capacity.

Worker member, Japan – I would like to begin by acknowledging the Sri Lankan Government’s continued commitment to combating child labour. We take note of its ratification of the Convention and the accompanying steps taken towards its implementation. Yet, we must also be clear-eyed: significant challenges remain.

According to the 2023 data, approximately 0.8 per cent of children aged 5 to 14 in Sri Lanka are still engaged in some form of work. While this may appear numerically small, it translates into over 28,000 children. Each of these children represents a life disrupted, an education interrupted, a future compromised. Many of these children are involved in unregulated and often dangerous sectors: agriculture, fishing, street vending, domestic work, construction and small-scale manufacturing. These are areas frequently beyond the reach of labour inspections and where violations of children’s rights go unnoticed or unreported.

What is more troubling is that official statistics may vastly under-represent the actual scale of child labour. Children working as unpaid helpers on family farms, particularly those aged 5 to 11 working fewer than 15 hours a week, or aged 12 to 14 working fewer than 25 hours, are excluded from the formal definition of child labour.

A particularly pressing concern is child domestic labour. Hidden behind closed doors and shielded from public view, child domestic workers often endure long hours, isolation and even abuse. Many have no access to education and no legal safety net. Sri Lanka’s legal framework currently does not classify domestic work as hazardous despite the clear and documented risks involved. This legal omission must be addressed urgently. No child should be invisible in the eyes of the law.

In line with the principles of the Convention, we respectfully urge the Government of Sri Lanka to take the following concrete actions:

• 1. Close all legal loopholes that allow child labour to persist. This means explicitly including domestic work and informal family labour among hazardous or prohibited forms of child labour and aligning the national definition with ILO standards, without exceptions or ambiguities.
• 2. Strengthen monitoring and enforcement mechanisms. Laws on paper mean little without effective implementation. Labour inspectors must be properly trained, funded and empowered to reach all sectors, especially those that are informal, rural or hidden.
• 3. Invest in inclusive quality education, especially in rural, estate and impoverished communities. When families see a visible path through schooling, they are less likely to send their children to work. Education is both a shield against exploitation and a pathway to dignity.

We urge the Sri Lankan Government to take bold, decisive action to eliminate child labour in all its forms.

Government member, Bangladesh – Bangladesh notes with appreciation the efforts made by Sri Lanka to improve its child labour situation. Those efforts include introducing amendments to the law to raise the minimum age for admission to work or employment from 14 to 16 years old and expanding the list of hazardous jobs from 51 to 71 to protect children. Bangladesh welcomes the satisfactory comments on Sri Lanka’s recent legal amendment.

We further note that Sri Lanka’s free education system benefits all children, while the measures taken to protect the rights of children at the community level and the adoption of the country’s National Policy on the Elimination of Child Labour in 2018 are commendable.

We welcome the comprehensive network and training of labour inspectors in Sri Lanka to identify and address child labour issues in the informal sector. The progressive impact of all these measures has been borne out by a declining trend, as evidenced by data on the use of child labour in Sri Lanka over the last several years. Bangladesh commends Sri Lanka for the progress achieved so far, and it supports Sri Lanka’s efforts towards the elimination of child labour. Bangladesh urges the ILO to enhance its technical support for Sri Lanka to further strengthen its labour governance.

Worker member, Republic of Korea – Article 3 of the Convention stipulates that the minimum age for hazardous work should not be less than 18 years old. Sri Lanka has demonstrated its commitment to protecting young persons under 18 years from hazardous work by ratifying Convention No. 138 and the Worst Forms of Child Labour Convention, 1999 (No. 182). Subsequently, Sri Lanka revised the Employment of Women, Young Persons and Children Act of 1956 to raise the minimum employment age from 14 to 16, while hazardous work remains prohibited until 18.

A significant change occurred in 2021 with the Hazardous Occupations Regulation No. 1 expanding prohibited hazardous occupations from 51 to 71 sectors, including domestic work, spa services, psychologically harmful operations involving electronic devices and high voltage electrical work.

However, despite these revisions, a substantial gap persists between the legal framework and its practical application. Empirical evidence demonstrated that considerable numbers of young persons under 18 remain engaged in hazardous occupations explicitly prohibited by law. These challenges have been severely exacerbated by Sri Lanka’s current economic crisis, compelling vulnerable households to resort to adverse coping mechanisms, including child labour in hazardous sectors.

Let me give some examples:

• Forced domestic work continues despite its explicit prohibition under the 2021 regulations. Children, predominantly from rural areas, face systematic trafficking into urban households. These children endure working hours extending beyond 12 hours a day, physical and psychological abuse, complete denial of remuneration and severe restrictions on movement and communication. They are largely invisible to monitoring mechanisms as they are concealed in private households. Some documented cases, however, reveal that children as young as 12 years are performing household duties under slavery-like conditions.
• Mining operations persist in employing children despite their hazardous classification. In the quarrying and gem mining sectors, children face exposure to silica dust, mercury contamination and unstable excavation sites. Medical reports indicate respiratory ailments, skin conditions and developmental impairment among child workers. The clandestine nature of many mining operations further complicates protection and enforcement efforts.
• Construction sector employment continues across both formal and informal building projects. Young persons perform tasks including heavy lifting, working at dangerous heights without safety harnesses and operating machines without proper training. Hospital records show regular admissions for children injured on construction sites, with fractures, cuts and head injuries being common.
• Hazardous agricultural practices extend beyond deep-sea fishing to encompass pesticide application, heavy machinery operation and work during extreme weather conditions. On tea plantations, children below 16 years work picking tea during harvest seasons, carrying loads too heavy for them while exposed to harmful chemicals. Children are employed for 14 to 16 hours a shift in dangerous sea conditions, with cases of children falling overboard or being severely injured by fishing equipment.

Therefore, the Government should be able to provide information on the implementation of the Hazardous Occupation Regulation No. 1, including the number and nature of violations detected regarding young persons engaged in hazardous work. Enhanced data collection and transparency regarding violations, particularly in newly regulated sectors, will enable the Government to take targeted actions and implement accountability measures. Furthermore, comprehensive implementation planning with proper resource allocation is essential to tackle the socio-economic causes driving children into hazardous work. This requires strengthening the labour inspectorate, expanding social protection programmes, improving access to education and ensuring effective inter-agency coordination.

Government member, Switzerland – Switzerland has noted with interest the observations of the Committee of Experts as well as the written information provided by Sri Lanka dated 19 May 2025. Like the Committee of Experts, Switzerland notes with satisfaction the positive legislative developments of recent years, including the raising of the minimum age for admission to employment or work from 14 to 16 years. The minimum age for employment is therefore now aligned with the minimum age of completion of compulsory schooling, thereby boosting the number of children who complete their education.

Switzerland also welcomes the various initiatives undertaken by the Sri Lankan Government to prevent and eradicate child labour in the country, including:

• the organization of mass awareness-raising campaigns;
• the establishment of platforms to facilitate tripartite discussion of child labour;
• training and capacity-building for labour inspectors and police officials on identifying and addressing cases of child labour.

We remain concerned, however, at the persistence of child labour, particularly in the informal and domestic sectors and in rural areas and tourist destinations. We therefore call on the Sri Lankan Government to pursue and intensify its efforts to prevent and combat child labour. Echoing the observations of the Committee of Experts on Convention No. 182, we also call on the Sri Lankan authorities to adopt the necessary measures to support the rehabilitation and social reintegration of children removed from the worst forms of child labour. Lastly, Switzerland invites the Sri Lankan Government to continue its close cooperation with the Office in order to reach the goal of the total eradication of child labour in the country.

Observer, International Trade Union Confederation (ITUC) – We note and appreciate the Sri Lankan Government’s stated commitment to upholding its international obligations under the Convention. We acknowledge that institutional frameworks and mechanisms for reporting and investigation are in place. However, we must express our serious concern that the actual implementation and enforcement of these mechanisms remain significantly inadequate.

Despite the legal prohibitions on child labour, the persistently low number of identified and confirmed cases raises troubling questions about the effectiveness of labour inspection, particularly in the informal economy, which constitutes a substantial portion of Sri Lanka’s labour market and is where child labour is most likely to occur.

The inspection and monitoring system, in this current form, lacks the reach, capacity and resources necessary to identify and respond to violations effectively. The limitations of the labour inspectorate are especially visible in rural areas, among economically marginalized communities and in high-risk sectors such as agriculture, domestic work, fisheries and small-scale manufacturing. The situation is further compounded by the persistence of the worst forms of child labour, including child trafficking, hazardous work and commercial sexual exploitation, notably in tourist areas.

The protection of children from exploitative labour cannot remain a theoretical goal. It requires proactive, sustained and well-resourced enforcement on the ground. Legislative instruments alone are not sufficient. Their implementation must be matched with political will and institutional strength.

We therefore call on the Government of Sri Lanka to take immediate and concrete steps to:

• 1. strengthen the institutional capacity, training and operational reach of the labour inspectorate, including through increased budgetary allocations and specialized training on child labour, gender-sensitive approaches and community engagement;
• 2. extend the mandate and regularity of inspections to the informal and formal rural economies, where the majority of vulnerable children are employed in hidden or unregulated conditions;
• 3. establish sector-specific inspection protocols for high-risk areas and ensure coordinated action between labour inspectors, child protection services and local authorities;
• 4. lastly, ensure thorough and timely follow-up on complaints and inspection findings, including the application of appropriate sanctions for non-compliance and the provision of protection, rehabilitation and education services for children removed from exploitative work.

The true test of the Convention lies not in its ratification, but in its full, practical realization. The eradication of child labour is not only a matter of compliance with international law, but also a moral obligation and a measure of our shared humanity. Every child deserves the right to a safe, dignified and healthy childhood free from economic exploitation. We urge the Government of Sri Lanka to fulfil this responsibility with urgency and commitment.

Government representative – Sri Lanka will take into consideration the observations made by trade unions, employers and Members States regarding the implementation of the Convention. We value the constructive dialogue and recommendations expressed in this forum, even though we have concerns surrounding the selection of Sri Lanka among the individual cases before the Committee.

As mentioned earlier, child labour cases in Sri Lanka are limited to certain pockets. Even though the number of cases is comparatively small, as a Government we are highly concerned about this issue. The last Child Activity Survey was conducted in 2016, and all arrangements have been made to undertake the next Child Activity Survey in 2025. We are consulting the ILO for technical support in carrying out an updated national survey in 2025 to identify the number of children involved in different economic activities, their locations and the type of work in which they engage. This survey data will bring more analytical views while enabling us to target our interventions more effectively.

As the Government, we use awareness as the key strategy in eliminating child labour. We are using digital technology and platforms along with traditional communication methods to reach different communities and stakeholders across the country. The continuous support of the ILO in raising awareness and pursuing activities to eradicate child labour in Sri Lanka is highly recognized.

Enhancing the skills and capacities of labour inspectors and other relevant government departments has been recognized as an essential need in this national policy. In line with that, a special programme was initiated in collaboration with the Community Policing Division in Sri Lanka in 2024, and we are expecting to continue it. Accordingly, four divisional officers in charge of police stations and community police officers in charge of each police station in the Colombo district were given special training, and 587 community leaders and 244 government officers also participated in those programmes. A train-the-trainers programme for 63 labour inspectors was conducted in March this year to create a pool of trainers island-wide to promote social dialogue to eliminate child labour.

Our commitment to protecting children and ensuring that every child enjoys the right to education is a key concern of our Government. Our national education system is rooted in free education, free technical education and free university education, irrespective of geographical, ethnic or gender differences.

Furthermore, Sri Lanka has a well-established grassroots-level mechanism to address childrelated issues, including child labour. This system functions effectively at both the regional and national levels. The Government is currently reviewing how this coordination mechanism can be further strengthened to ensure that each child is protected and remains in school education until the age of completion of compulsory schooling.

Although a vocational training system already exists, it needs to be further strengthened and made more attractive for students.

School education reforms are in progress by expanding vocational and skills-based training targeting school dropouts and those who are willing to take the path of vocational education. The Government is strengthening the vocational education system by enhancing different skills development pathways for school leavers island-wide by launching new, attractive and demanding courses that fit with new employment demands. This will provide a meaningful alternative for children at risk of dropping out and help integrate them into vocational education and skilled employment.

Further, the Government is planning to amend the Employment of Women, Young Persons and Children Act to increase penalties for violators. These amendments are being discussed under the proposed new employment act. The Government is also strengthening its sectoral approach to addressing child labour. In addition to this, the Government will extend the fisheries sector project to the plantation and hospitality sectors. Plans are under way to enhance awareness, conduct focus group discussions and implement targeted interventions within these sectors.

With the inclusion of domestic work in the list of hazardous forms of work in 2021, no person under the age of 18 can be employed in domestic work under the prevailing laws in Sri Lanka. In line with the ILO Conventions, there are exceptions for light work in family-run economic activities and technical education as long as it does not disturb school attendance.

Sri Lanka has banned the use of children under the age of 12 in food advertisements, effective from 1 January 2025. This regulation has been established under the Food Act, No. 26 of 1980, which helps to protect children from potentially harmful advertising practices and ensures that they are not targeted with marketing materials without parental approval.

Finally, let us assure you that Sri Lanka will continue to uphold the principles of the Convention and work diligently to ensure that no child is left behind. Last but not least, on behalf of the Government, special thanks go to our employers, our trade unions in Sri Lanka and the ILO for working collectively to ensure zero tolerance of child labour in our country.

Worker members – As we close our discussion, the Worker members wish to thank all the members of the Committee for the constructive and serious consideration given to this case.

We reiterate our recognition of the legislative changes made by the Government of Sri Lanka, particularly the alignment of the minimum age for admission to employment with the age of completion of compulsory schooling. This step reflects a firm commitment to the Convention and to the protection of children’s rights.

We also acknowledge the effort undertaken to raise awareness, build institutional capacity and engage local communities in addressing child labour. The awareness campaigns, training initiatives and Child Labour Free Zone programme are all examples of positive engagement. However, our discussions have also confirmed that significant challenges remain in practice.

The persistence of child labour in the informal economy, the rural sector and in hazardous and exploitative conditions, particularly in the worst forms of child labour, underscores the urgent need for effective implementation, monitoring and enforcement. Low detection rates, limited inspections and the absence of reliable data on the penalties imposed are issues of real concern. These gaps weaken the overall impact of the legislative framework and delay the fulfilment of the Convention’s objectives. The strengthening of the labour inspectorate in terms of both resources and reach is therefore a central recommendation from the Worker members. More work needs to be done to fully comply with the Convention.

As a Pathfinder country under Alliance 8.7, Sri Lanka has committed to accelerating progress in eliminating child labour. This international platform provides not only technical support, but also a space for demonstrating leadership. We encourage the Government to honour this role by pursuing implementation with determination and openness, guided by social dialogue and grounded in strong enforcement.

In conclusion, the Worker members call on the Government of Sri Lanka to take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation; 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; and take measures to strengthen the capacity and expand the reach of the labour inspectorate, especially in the informal sector and rural areas. We further request that the Government provides information on the school enrolment and completion rates of children below the age of 16 years, the measures taken to ensure the progressive elimination of child labour in the country and the results achieved in this regard, and the number and nature of violations detected and penalties applied with regard to the employment of children and young persons.

Employer members – In their concluding remarks in this case, the Employer members would like to again thank the Government of Sri Lanka for the additional information submitted to the Committee. We find this information to be promising, and we welcome the strong commitment expressed by the Government’s representative to ensuring that every child is protected from the risk of child labour. We also thank all delegates for their participation and insight.

Considering the complexity of the situation and the persistence of certain forms of child labour on the ground, we reiterate our concern regarding this case. We welcome the significant legislative steps taken by Sri Lanka, specifically the amendments that successfully raised the minimum age for admission to work and employment from 14 to 16 years, and we also commend the Government for aligning this minimum age with the age of completion of compulsory education. This alignment is critical for ensuring that children remain in school. However, despite these positive developments and the Government’s extensive efforts, we must address the persistent gaps and areas requiring reinforced action. The Employer members highlight that we cannot turn a blind eye to any form of child labour, even more so if children are deprived of their right to education.

In the light of the debate, the Employer members would like to recommend to the Government of Sri Lanka to intensify its efforts in order to continue to eliminate child labour, with a strong focus on the informal economy and children living in rural areas. We encourage the Government to continue providing information on the measures taken and the results achieved in this regard, including within the framework of a Child Labour Free Zone programme, and ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice to deter adults from employing and abusing children. To this end, we request the Government to gather comprehensive information on the number of children identified as engaging in child labour, as well as the number and nature of violations detected and penalties applied with regard to the employment of children and young persons.

We would also like to suggest that the Government ensures that the definition of child labour used in the Child Activity Survey to calculate child labour statistics aligns with international standards so that the population of children in child labour estimated by the survey is correct; strengthen the capacity and expand the reach of the labour inspectorate in addressing child labour, particularly in the informal sector; take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and continue reporting on the school enrolment and completion rates of children below the age of 16. We encourage the Government to institute programmes to address vulnerabilities to child labour, particularly for ethnic minorities and in areas identified as having the highest risk of child labour; strengthen policies regarding prevention, removal, rehabilitation and social integration of children; and continue to report on the measures taken and the number of children benefiting from these policies. We encourage the Government to intensify its efforts to increase the capacities of tripartite constituents and to seek further assistance from the ILO and other international development partners to develop and implement multidimensional, sustainable strategies to eradicate child labour, in particular to address the root causes, risk factors and socio-economic circumstances that either lead to or result in the exploitation of children. All of these build upon timely and effective consultation with the social partners.

The Employer members hope that the Government’s commitment will continue to develop in terms of concrete measures to ensure the protection of the significant number of boys and girls who remain vulnerable to being engaged in child labour, particularly in the informal sector and rural areas, and that we will continue to witness progress regarding the state of affairs described.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee welcomed the Government’s use of ILO technical assistance and its impact made, and encouraged it to continue its efforts in this regard.

Taking the discussion into account, the Committee recommended the Government, in consultation with the social partners, to:

• continue its efforts to eliminate child labour, with a strong focus on the informal economy and children living in rural areas;
• provide information on the measures taken and the results achieved in this regard, including within the framework of the Child Labour Free Zone Programme;
• ensure that thorough investigations and robust prosecutions are carried out, and that sufficiently effective and dissuasive sanctions are imposed in practice, to deter adults from employing and abusing children;
• provide comprehensive information as soon as possible on the number of children identified as being engaged in child labour, as well as the number and nature of violations detected, and penalties applied with regard to the employment of children and young persons;
• strengthen the capacity and expand the reach of the labour inspectorate in addressing child labour, particularly in the informal sector;
• take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and continue to report on the school enrolment and completion rates of children below the age of 16 years;
• strengthen policies and legislative texts regarding the prevention, removal, rehabilitation, and social integration of children, and to put an end to the described practices and continue to inform on the measures taken, and the number of children who have benefited from the policies.

The Committee requested the Government to provide detailed and complete information on measures taken and progress made on all the above issues and to transmit all relevant legislative texts to the Committee of Experts by 1 September 2025.

Chairperson – I have the honour of inviting the honourable representative of the Government of Sri Lanka.

Government representative – On behalf of the Government of Sri Lanka, I wish to thank you for this opportunity to speak before the Committee again. The recommendations made by the Committee will be considered by the Government and necessary action will be taken in consultation with stakeholders.

Further, some of the statements made by respected speakers in the last week are not evidence-based and in this regard, we have requested the assistance of the ILO to conduct a “child activity survey”. We are hopeful that this survey will provide an accurate picture of the situation of child labour in the country, enabling the Government to take targeted action in identified areas. In addition, some respected speakers also raised concerns regarding labour inspections. While we acknowledge that resources are always limited, we use them effectively.

The Department of Labour, with 78 offices and 500 labour offices, carry out 80,000 inspections per year, including a significant number of group inspections. In every inspection, child labour is one of the key items checked. The Government is also considering increasing the number of labour offices. Additionally, we request the ILO to provide more technical assistance in empowering labour offices to identify potential situations of child labour and to effectively handle such cases.

Further, as mentioned earlier, school dropouts are being closely monitored, and we are planning to work more closely with the Department of Education to ensure the reintegration of school dropouts into the educational system. We already have a highly effective coordination mechanism at both national and peripheral levels, and we intend to integrate the Ministry of Education into the system as well.

We would like to emphasize that recent data related to child labour suggests a declining trend in child labour, and we have submitted details. We are gradually moving in the right direction towards our goal of eliminating child labour. Sri Lanka firmly believes that child labour has no place in modern society and cannot be justified under any circumstances.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee takes note of the detailed discussion that was held by the Conference Committee at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by Sri Lanka, as well as of the Government’s report. 

The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It also notes those of the International Trade Union Confederation (ITUC), received on 2 September 2025, and the Government’s reply. The IOE and the ITUC reiterate the comments made in the discussion held in the Conference Committee and express the hope that progress will be made in the application of the Convention by Sri Lanka, in line with the conclusions of the Conference Committee.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Conference Committee encouraged the Government to take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and to continue to report on the school enrolment and completion rates of children below the age of 16 years.

The Committee notes the detailed information provided by the Government, on the measures taken to ensure school retention and to reintegrate out-of-school children into the education system. More particularly, the Committee notes that: (1) 9,467 school committees and 312 monitoring committees operate at the local and divisional levels and are responsible for identifying vulnerable children and school drop-outs and assisting them in returning to school; (2) in 2024 a total of 6,214 children were identified as not attending school, 4,500 of them were referred to the formal school system, 104 were referred to special education, 513 were accommodated in literacy classes and 1,097 students could not be reintegrated; (3) at the school level, uniforms and meals are provided to children; and (4) the Government is providing financial assistance, including through the periodic cash transfer scheme called “Aswesuma”, that supports vulnerable families. The Committee welcomes the measures taken by the Government and requests it to pursue its efforts to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation. In this regard, it requests the Government to provide information on the measures taken, and the impact of such measures on the school enrolment and completion rates of children below the age of 16 years.

Application of the Convention in practice and labour inspection. The Conference Committee encouraged the Government to continue its efforts to eliminate child labour, with a strong focus on the informal economy and children living in rural areas, and to: (1) provide information on the measures taken and the results achieved in this regard, including within the framework of the Child Labour Free Zone Programme; (2) ensure that thorough investigations and robust prosecutions are carried out, and that sufficiently effective and dissuasive sanctions are imposed in practice, to deter adults from employing and abusing children; (3) provide comprehensive information as soon as possible on the number of children identified as being engaged in child labour, as well as on the number and nature of violations detected, and penalties applied with regard to the employment of children and young persons; and (4) strengthen the capacity and expand the reach of the Labour Inspectorate in addressing child labour, particularly in the informal sector. The Conference Committee also welcomed the Government’s use of ILO technical assistance and its impact.

The Committee notes with interest the Government’s indication that it has developed an Action Plan, in consultation with all relevant stakeholders, to follow up on the recommendations of the Conference Committee. The Government indicates that, in drafting the Action Plan, particular attention has been given to addressing challenges within the informal economy, with a focus on priority sectors such as fisheries, tourism and plantations. The Government adds that the Action Plan envisages that: (1) 44 special field inspections will take place in plantations and fisheries, covering 1,100 workplaces; (2) the Department of Labour will conduct 67 awareness programmes covering 1,675 small and medium enterprises and endeavour to obtain pledges to eliminate child labour; and (3) “special group inspections” will be organized, to cover the tourism sector, including home-based accommodation and hospitality service centres, with a focus on eliminating child labour and hazardous labour.

The Committee further notes the Government’s indication that: (1) as part of the Child Labour Free Zone Programme, various training initiatives are being undertaken for a total of 500 police officers by June 2026; (2) it is envisaged that penalties for child labour-related offences will be increased from Rs. 10,000 to Rs. 100,000 and that stricter sanctions will be imposed for repeat offenders; (3) in 2024, the Child Helpline received 29,667 complaints, of which 165 were related to child labour and referred to the Department of Labour for investigation, with two cases of child labour confirmed; (4) the Labour Department has taken action to increase the number of labour inspectors in the country and steps have also been taken to strengthen supporting staff; and (5) it is further considering the possibility of increasing the number of labour inspectors in high-risk districts, introducing mobile inspection units for vulnerable areas, and promoting hotlines and complaint mechanisms to report child labour cases.

The Committee also welcomes the detailed statistical information provided by the Government on the number of child labour cases identified, the results of the investigations of those cases, as well as the penalties applied by the courts in cases of convictions. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour in the country. It requests the Government to continue to provide information on: (i) the measures taken in this regard, including on the specific measures taken to implement the above-referenced Action Plan, and the concrete results achieved towards the elimination of child labour in plantations and fisheries, in the tourism sector and in the informal economy; (ii) the continued implementation of the Child Labour Free Zone Programme; and (iii) the measures taken to strengthen the capacity and expand the reach of the Labour Inspectorate and the results achieved terms of the number of children engaged in child labour identified, including in the informal economy, the number and nature of violations detected and penalties imposed.

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

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.

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

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour and Trade Union Relations (MoLTUR) was currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, in order to raise the minimum age for admission to work or employment from 14 to 16 years. It trusted that the amendments raising the minimum age for employment to 16 years would be adopted in the near future.

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

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

Application of the Convention in practice and the labour inspectorate. The Committee previously encouraged the Government to pursue its efforts to ensure the progressive abolition of child labour and to take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal sector, including domestic workers.

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

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

The Committee notes that, according to the 2015–16 Child Activity Survey, the total child population aged between 5 and 17 years involved in child labour was 43,714 children (1 per cent). It also notes that the National Policy on Elimination of Child Labour of 2017 indicates that child labour is particularly prevalent in fisheries, tourism, small private estates and domestic labour. The Committee further observes that both the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights of the United Nations expressed concern that, despite significant progress made, children remain employed as street vendors, in domestic service, in agriculture, mining, construction, manufacturing, transport and fishing (CRC/C/LKA/CO/5-6, paragraph 41 and E/C.12/LKA/CO/5, paragraph 43). Welcoming the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy. It requests the Government to provide information on the measures taken and the results achieved in this regard, including within the framework of the National Policy on Elimination of Child Labour of 2017. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified.

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour and Trade Union Relations (MoLTUR) was currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, in order to raise the minimum age for admission to work or employment from 14 to 16 years. It trusted that the amendments raising the minimum age for employment to 16 years would be adopted in the near future.

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

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

Application of the Convention in practice and the labour inspectorate. The Committee previously encouraged the Government to pursue its efforts to ensure the progressive abolition of child labour and to take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal sector, including domestic workers.

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

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

The Committee notes that, according to the 2015–16 Child Activity Survey, the total child population aged between 5 and 17 years involved in child labour was 43,714 children (1 per cent). It also notes that the National Policy on Elimination of Child Labour of 2017 indicates that child labour is particularly prevalent in fisheries, tourism, small private estates and domestic labour. The Committee further observes that both the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights of the United Nations expressed concern that, despite significant progress made, children remain employed as street vendors, in domestic service, in agriculture, mining, construction, manufacturing, transport and fishing (CRC/C/LKA/CO/5-6, paragraph 41 and E/C.12/LKA/CO/5, paragraph 43). Welcoming the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy. It requests the Government to provide information on the measures taken and the results achieved in this regard, including within the framework of the National Policy on Elimination of Child Labour of 2017. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified.

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of raising the age for admission to employment to 16 years and that legislative amendments in this regard had been submitted to the Attorney General for approval, which would thereupon be submitted to Parliament for adoption.

The Committee notes the Government’s indication in its report that the Ministry of Labour and Trade Union Relations (MoLTUR) is currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Shop and Office Employees Act No. 15 of 1954, the Factory Ordinance No. 45 of 1942, and the Employees’ Provident Fund Act No. 15 of 1958, in order to raise the minimum age for admission to work or employment to 16 years. The Government states that the process of amending the Employment of Women, Young Persons and Children Act has already started. The Committee trusts that the amendments with regard to raising the minimum age for admission to employment to 16 years will be adopted in the near future. In this regard, the Committee would like to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office in case any amendments to the national legislation raising the minimum age for admission to employment or work to 16 years have been made.

Article 2(3). Compulsory education. The Committee previously noted the Government’s information that the Cabinet of Ministers had approved the memorandum submitted by the Ministry of Education on raising the upper age limit of compulsory education from 14 years to 16 years, and that the amendments in this regard had been submitted to the Attorney General for approval.

The Committee notes with interest the Government’s indication that the Compulsory Attendance of Children at School Regulations No. 1 of 2015 was adopted and provides for compulsory education from 5 to 16 years of age. However, the Committee points out that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey on the fundamental Conventions, 2012, paragraph 370). The Committee therefore urges the Government to continue its efforts to raise the general minimum age in order to link it with the age of completion of compulsory schooling, in conformity with the Convention.

Application of the Convention in practice and labour inspectorate. The Committee previously noted the Government’s statement that the Department of Labour was making every effort to enforce the law against child labour and that no incidence of child labour had been observed in the formal economy. The Committee further noted the Government’s indication that it envisaged that one of its districts, Ratnapura, would become a child labour free zone by 2015, and that the Government was trying to expand this concept into other districts as well. According to the Government’s report, the main aspect of this concept is that it has the support of all government programmes related to education, vocational training, poverty alleviation and other social welfare schemes, as well as support of the private sector and non-governmental organizations, in eliminating child labour. The Committee noted, however, the comments made by the National Trade Union Federation (NTUF) that the number of children engaged in employment was much higher than indicated by the Government as most of the children are employed as domestic workers where outsiders have no access.

The Committee notes that according to the 2015–16 Child Activity Survey, the total child population aged between 5 and 17 years involved in child labour has decreased from 2.5 per cent in 2009 to 2.3 per cent, of which 0.9 per cent are engaged in hazardous work (down from 1.5 per cent in 2009). The Committee notes that 66.7 per cent of working children are boys, 33.3 per cent are girls and 73 per cent are in the age group 15–17 years. Around 59.3 per cent are engaged in unpaid family work (compared with 80.8 per cent in 2009); 36.2 per cent are employees and 4.6 per cent are self-employed.

The Committee further notes the Government’s statement that the implementation of the child labour free zone in the district of Ratnapura was successful and that it is now being replicated in other districts. One of the most important outcomes of the programme is that it establishes a system whereby immediate action is taken once child labour incidents are reported. The Government indicates that the detection of child labour is included in the general inspections of the labour inspectorate. Accordingly, 147 cases were received, out of which 54 cases were dismissed and 93 cases are being investigated further. There have been three cases filed with the Magistrate Court and one case has been concluded with penalties imposed. The Government also indicates that a National Policy on the Elimination of Child Labour has been prepared and is awaiting adoption by the Cabinet of Ministers. Finally, the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) is currently being implemented with ILO support. Taking due note of the decrease in child labour in the country, the Committee encourages the Government to pursue its efforts to ensure the progressive abolition of child labour and to provide information on the results achieved through the implementation of the child labour free zone in all its districts, the National Policy on the Elimination of Child Labour and the CLEAR engagement. Noting that child labour in the country mostly occurs in the informal sector, the Committee requests that the Government take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal sector, including domestic workers. The Committee also requests that the Government continue providing information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of in infringements reported, violations detected and penalties applied.

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

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

Repetition

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and that steps were being taken to consult the relevant organizations/parties concerned. The Committee requested the Government to indicate whether any amendments raising the minimum age for employment to 16 years had been made.

The Committee notes the Government’s statement that amendments in this regard have been submitted to the Attorney-General for approval, which will thereupon be submitted to the Parliament for adoption. The Committee expresses its firm hope that the amendments with regard to raising the minimum age for admission to employment to 16 years will be adopted in the near future. In this regard, the Committee would like to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office, in case any amendments to the national legislation raising the minimum age for admission to employment or work to 16 years have been made.

Article 2(3). Compulsory education. The Committee previously noted the Government’s information that the Ministry of Education had taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age.

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

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

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

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

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

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

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and that steps were being taken to consult the relevant organizations/parties concerned. The Committee requested the Government to indicate whether any amendments raising the minimum age for employment to 16 years had been made.

The Committee notes the Government’s statement that amendments in this regard have been submitted to the Attorney-General for approval, which will thereupon be submitted to the Parliament for adoption. The Committee expresses its firm hope that the amendments with regard to raising the minimum age for admission to employment to 16 years will be adopted in the near future. In this regard, the Committee would like to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office, in case any amendments to the national legislation raising the minimum age for admission to employment or work to 16 years have been made.

Article 2(3). Compulsory education. The Committee previously noted the Government’s information that the Ministry of Education had taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age.

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

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

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

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

Article 2(2) of the Convention. Minimum age for admission to employment or work. The Committee had previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and that steps were being taken to consult relevant organizations/parties concerned. The Committee requests the Government to indicate whether any amendment raising the minimum age for employment to 16 years has been made. In this regard, the Committee would like to draw the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office, in case any amendment to the national legislation raising the minimum age for admission to employment or work to 16 years has been made.

Article 2(3). Compulsory education. The Committee had previously noted with interest the Government’s indication regarding its proposal to extend compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students normally attain 16 years of age. It had requested the Government to provide information on any developments in this regard.

The Committee notes the Government’s information that the Ministry of Education has taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age. The Committee expresses the firm hope that the Bill extending compulsory schooling up to 16 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to supply a copy of the bill, once it has been adopted.

Article 3(2). Determination of hazardous work. The Committee had previously noted the Government’s indication that a revised list of types of hazardous work prohibited to children under 18 years will be adopted by Parliament very soon. The Committee notes with satisfaction that the Regulation concerning the list of types of hazardous works prohibited to children under 18 years was adopted by Parliament and came into force on 20 August 2010.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Child Activity Survey conducted by the Department of Census and Statistics has been completed, and the report is yet to be published. It further notes from the Government’s report that according to the Women and Children’s Affairs Division, Department of Labour, in 2010, 179 complaints on child labour were received, out of which 17 cases were filed in the courts, two cases were settled, and ten cases were being heard. Likewise, during the first six months of 2011, 81 complaints were received, out of which six cases were filed in the court and are being heard. It also notes that in 2010, nine cases of child labour were reported with the National Child Protection Authority, and investigations are pending for three cases. The Committee observes that, while several complaints on child labour were registered at the Department of Labour, only very few cases have been subject to prosecution. In this regard, the Committee requests the Government to take the necessary measures to ensure the effective enforcement of the provisions of the Convention, and accordingly requests the Government to strengthen its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee also requests the Government to continue providing information on the number and nature of violations detected, involving children, as well as the convictions and penalties imposed for such violations. It further requests the Government to supply a copy of the Child Activity Survey report, once it has been published.

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

The Committee notes the Government’s report. It also notes the communication of the National Trade Union Federation (NTUF) dated 22 July 2009 which indicates that the national legislation of Sri Lanka is in compliance with the provisions of the Convention.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee had previously noted that one of the objectives of the NPA 2004–08 was to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who were not attending an educational institution to vocational training school/centres, and sensitizing adults and children to the need to eliminate child labour and its adverse effects on the child. The Committee notes the Government’s information that the Ministry of Labour Relations and Manpower (MOLRM), and the Department of Labour (DoL) undertook various awareness-raising programmes during 2007–09 such as: (i) capacity-building programmes for law enforcement officers (18 programmes were conducted with a total of 540 participants); (ii) awareness-raising programmes for the social partners (112 programmes were conducted with a total of 7,840 participants); (iii) awareness-raising programmes for parents (156 programmes were conducted with a total of 5,680 participants); and (iv) awareness-raising programmes for school children (100 programmes were conducted with a total of 4,000 participants).

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is linked to the minimum age for admission to employment (14 years). It had also noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and steps were being taken to consult relevant organizations/parties concerned. The Committee had recalled that it considered it desirable to ensure compulsory education up to the minimum age for employment, as provided for under Paragraph 4 of Recommendation No. 146. The Committee notes with interest the Government’s statement that consultations were held at the ILO–IPEC Steering Committee on the issue of extending the compulsory schooling age which has been referred to the Ministry of Education and the National Child Protection Authority. It notes the Government’s indication that it is proposed to make compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students will attain 16 years. The Committee requests the Government to provide information on any developments made in this regard.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted the Government’s information that section 20A of the EWYPC Act, as amended by the EWYPC Amendment Act of 2006, provides that hazardous occupations in which persons under 18 years are prohibited to work shall be prescribed by the Minister taking into consideration the nature or circumstances in which the occupation is being carried out and the harm that may be caused as a result thereof to the health, safety or morals of children. It had also noted the Government’s statement that section 20A of the EWYPC Act, as amended, empowers the MOLRM to gazette the regulations on hazardous employment. The Committee notes the comments made by the NTUF that the subcommittee of the Tripartite National Steering Committee appointed by
ILO–IPEC has identified 25 occupations as harmful to children. The Committee notes the Government’s statement that this list is currently being revised by the steering committee following the observations made by the representatives of the National Labour Advisory Council (NLAC). The Government further states that this list shall come into force when it is gazetted in the Government Gazette as regulations under section 20A of the Employment of Women, Young Persons and Children Act and after adoption in the Parliament. The Committee hopes that the list containing the types of hazardous work prohibited to children under 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in adopting this list, and to provide a copy thereof as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s indication that the MOLRM, had asked for technical assistance from the ILO–IPEC for undertaking a child labour survey in the latter half of 2007. It had also noted that the ILO–IPEC Steering Committee had approved this survey which was proposed to be conducted through the Department of Census and Statistics (DCS). The Committee notes the Government’s statement that the DCS has already completed the collection of data and is currently in the process of tabulating the data and preparing the report. The Committee also notes the data provided by the Government on the number of complaints on child labour registered in the Women and Children’s Affairs Division of the Department of Labour. According to this data, in 2007–08, there were 159 complaints on child labour, out of which 29 cases were settled and 130 cases are being heard. The Committee requests the Government to supply a copy of the Child Labour Survey Report as soon as it becomes available. It also requests the Government to continue to supply extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.

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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. 1. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee notes the Government’s information that, during the period 2004–06, the Ministry of Labour Relations and Manpower (MOLRM) and the Department of Labour (DOL) carried out various programmes with the assistance of the ILO/IPEC and other relevant governmental and non-governmental agencies. It also notes that one of the objectives of the NPA 2004–08 is to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who are not attending an educational institution to vocational training school/centres, and sensitizing adults and children on the need to eliminate child labour and its adverse effects on the child. The Committee requests the Government to continue to provide information on the progress of the NPA 2004–2008 towards reducing child labour and eliminating its worst forms.

2. Awareness programmes. The Committee notes the Government’s information that the year 2006 was pledged as the “National Children’s year”. Various awareness raising programmes were carried out during 2006 focusing on preventing and eliminating child labour. These include: (a) encouraging 16,500 children of migrant workers to continue their education, by providing them with school equipment and food; (b) providing scholarships to 2,550 children of migrant workers; (c) providing various counselling, medical assistance to families and children, especially to 1,500 migrant families; (d) organizing awareness‑raising campaigns among children at school on the importance of eliminating child labour; (e) distributing 1 million leaflets among school children on the elimination of child labour; (f) directing 800 children of Tsunami-affected families to formal education; (g) organizing various workshops, projection of films and exhibitions on the issues of health and safety of children.

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is linked to the minimum age for admission to employment (14 years). It had noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and steps were being taken to consult relevant organizations/parties concerned. It had requested the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee notes the Government’s information that the matter has been referred to the Labour Reform Committee appointed under the National Labour Advisory Council, which is in the process of identifying the necessary amendments to the existing labour legislation in line with the current economic and national policies. The Committee recalls that it considers it desirable to ensure compulsory education up to the minimum age for employment, as provided for under paragraph 4 of Recommendation No. 146. The Committee requests the Government to provide information on any developments towards the possible extension of the age for admission to employment. It hopes that, in this framework, due consideration will be given to the Committee’s comments on the importance of linking the age of admission to employment to the age limit of compulsory education.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), while containing a provision prohibiting young persons under 18 years of age from taking part in any public performances in which their lives or limbs are endangered (section 19), did not contain a general provision prohibiting children under 18 years of age from performing hazardous work. It had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed in hazardous work. The Committee notes with interest the Government’s information that the EWYPC Act, as amended by the Employment of Women, Young Persons and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), provides that no person under the age of 18 years shall be employed in any hazardous occupation (section 20A).

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the subcommittee appointed on 22 November 2001 by the Tripartite National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (ILO/IPEC) identified the categories of work that may be determined as hazardous. Amongst these, there were 50 types of hazardous work or occupations, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; and melting of metal and manufacture of glass. It had noted the Government’s information that the EWYPC Act would be amended in order to introduce the regulations establishing types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment was in the process of formulating the new regulations with the assistance of the Legal Draftsman. The Committee had requested the Government to keep it informed of the adoption of the regulations establishing the types of hazardous work prohibited for children under 18 years of age and to supply a copy thereof as soon as they had been adopted. The Committee notes the Government’s information that section 20A of the EWYPC Act, as amended by the EWYPC Amendment Act of 2006, provides that hazardous occupations in which persons under 18 years are prohibited to work shall be prescribed by the Minister taking into consideration the nature or circumstances in which the occupation is being carried out and the harm that may be caused as a result thereof to the health, safety or morals of children. The Committee notes the Government’s information that section 20A of the EWYPC Act, as amended, empowers the Ministry of Labour Relations and Manpower to gazette the regulations on hazardous employment. The steering committee appointed under the subcommittee appointed by the ILO/IPEC is in the process of finalizing the list of types of hazardous work which will be gazetted after receiving the approval of Parliament. The Committee hopes that the Government will adopt the list containing the types of hazardous work prohibited to children under 18 years in the near future. It requests the Government to provide information on any progress made in adopting this list, and to provide a copy thereof as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistics of the Women and Children’s Affairs Division of the DOL, 96 inspections were carried out in 2005 and 120 in 2006 concerning child labour. Moreover, 23 cases were filed in 2005 and 20 in 2006 regarding child labour violations. The Committee also notes the Government’s information that the MOLRM, having recognized the necessity of carrying out a child labour survey, has asked for the technical assistance of the ILO/IPEC for undertaking the Survey in the latter half of 2007. The issue was approved by the ILO/IPEC Steering Committee. Terms of Reference have been prepared for the Child Labour Survey. It is proposed to conduct the survey through the Department of Census and Statistics. The Committee requests the Government to provide a copy of the child labour survey as soon as it becomes available. It also requests the Government to continue supplying extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.

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

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

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

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

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is currently linked to the minimum age for admission to employment (14 years). It notes the Government’s information that employing a child in any occupation which prevents him/her from attending school is a punishable offence under section 17(2) of the EWYPC Act. The Committee also notes the Government’s information that the Ministry of Labour Relations and Foreign Employment is considering the possibility of extending the age for admission to employment to 16 years and steps are being taken to consult relevant organizations/parties concerned. The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. It observes that increasing the age of admission to employment to 16 years without increasing at the same time the age of completion of compulsory schooling from 14 to 16 years could result in a number of problems. For example, if compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It accordingly requests the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee trusts that, in this regard, due consideration will be given to its comments.

Article 3, paragraph 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee had previously noted that the EWYPC Act, while containing a provision prohibiting young persons under 18 years of age from taking part in any public performances in which their lives or limbs are endangered (section 19), does not contain a general provision prohibiting children under 18 years of age from performing hazardous work. It had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed in hazardous work. The Committee had also previously noted that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) had been set up under the Chairmanship of the Secretary, Ministry of Employment and Labour, and that the NSC had appointed a subcommittee on 22 November 2001 to determine the types of work likely to harm the health, safety or morals of children. It had noted that both these committees consist of representatives of the Government, the employers and the workers.

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

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

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

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

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

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

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

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

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

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

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

Article 2

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

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

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

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

Article 3

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

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

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

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

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

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

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

Article 9

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

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

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

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

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

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