Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Sri Lanka (Ratification: 2000)

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.