Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 360A, 360B and 288A of the Penal Code, as amended, prohibited a wide range of activities associated with prostitution, including the use, procuring or offering of minors under 18 years of age for prostitution. The Committee also noted the high incidence of exploitation of approximately 40,000 children in prostitution, that no comprehensive data was available on child sexual exploitation, and that no central body was established to monitor the investigation and prosecution of child sexual exploitation cases. In an effort to address these issues, the Government mentioned that several initiatives and measures had been taken against the sexual exploitation of children and that it had established a women and children police desk at the district level consisting of police officers specially trained to deal with the incidence of sexual exploitation of children.

The Committee notes from the Government’s statement, in its report, that in 2015, there were nine reported cases of commercial sexual exploitation of children and seven convictions, and in 2016, there were four reported cases and one conviction. The Committee notes with concern the low number of convictions in light of the high incidence of children in prostitution. The Committee therefore urges the Government to strengthen its efforts to ensure that perpetrators are brought to justice and that thorough investigations and robust prosecutions of perpetrators are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information with regard to the number of prosecutions, convictions and penalties imposed on offenders in cases related to the commercial sexual exploitation of children.

Clause (d) and Article 4(1). Hazardous work. The Government previously stated that around 65,000 labour inspections were carried out annually and that no incidents of hazardous work by children had been detected in the formal economy. The Committee noted, however, from a Child Activity Survey, that out of the total child population of 107,259 reported to be in child labour, 63,916 children (1.5 per cent) between the ages of 5 to 17 years were engaged in hazardous work.

The Committee notes the Government’s indication that to protect children from hazardous forms of child labour, advocacy activities have been directed towards parents and employers. It also notes that according to the 2015–16 Child Activity Survey, 2.3 per cent of children aged 5–17 years are engaged in child labour, of which 0.9 per cent in hazardous work (down from 1.5 per cent in 2008). However, the Government indicates that labour inspections have been planned and undertaken in work places where hazardous jobs are carried out (388 inspections in 2016), and that there were no findings of child labour in the formal economy resulting from these inspections. The Government further indicates that a committee has been appointed by the Commissioner General of Labour to revise the list of hazardous work according to international standards. It also notes the ILO Decent Work Country Programme with Sri Lanka (DWCP 2013–17) which includes among other priorities, the reduction of the worst forms of child labour (outcome 3.2). In the framework of the DWCP 2013–17, the Ministry of Women and Child Affairs collaborated with the ILO Decent Work Country Team to deliver five awareness-raising programmes on hazardous forms of child labour, targeting school children, principals, teachers and parents. The Committee requests the Government to pursue its efforts to ensure the protection of children from hazardous work, including in the informal economy, and to provide information on the measures taken in this regard and on the results achieved. It also requests the Government to provide information on the adoption of the new list of hazardous work and to provide a copy once it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted that Sri Lanka remained a common destination for child-sex tourism, with a high number of boys being sexually exploited by tourists. The Committee noted that, according to the document entitled “Sri Lanka’s Roadmap 2016 on the worst forms of child labour: From commitment to action”, one of the strategies of the 2016 Roadmap was to promote child-safe tourism. The document also indicated that Sri Lanka’s Ten-Year Horizon Development Framework 2006–16 (Mahinda Chintana), which is vigorously tackling many of the root causes of child labour, aims to strengthen security against tourism-related crimes, including combating child-sex tourism through strict police vigilance and awareness-raising programmes. However, the Committee noted from the same document that the “beach boy” phenomenon along with the issue of paedophilia has been known for a long time along the south-western coastal belt of Sri Lanka. The Committee further noted the comments made by the National Trade Union Federation that the commercial sexual exploitation of children takes place mainly in seaside tourist resorts and the hidden nature of these offences curtails complaints or facts from coming to light.

The Committee notes the Government’s statement that awareness-raising programmes are delivered to the public and tourists in tourist areas to promote child-safe tourism. In this regard, 360 hotel staff members have received child protection awareness training. The Committee encourages the Government to strengthen its efforts to combat child-sex tourism. Noting the lack of information provided in this regard, the Committee once again requests the Government to provide information on the implementation of the strategies of the 2016 Roadmap in promoting child-safe tourism as well as the measures taken within the framework of the Mahinda Chintana in combating child-sex tourism.

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