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

Worst Forms of Child Labour Convention, 1999 (No. 182) - 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, prohibit a wide range of activities associated with prostitution, including the prohibition of the use, procuring or offering of minors under 18 years for prostitution. It also noted the Government’s information that prosecutions on the commercial sexual exploitation of children are carried out by the Department of Police and the National Child Protection Authority (NCPA) of Sri Lanka. It requested the Government to provide information on the penalties applied to offenders with regard to cases of commercial sexual exploitation of children.

The Committee notes the Government’s information that in 2010, 37 cases of sexual exploitation of children were registered with the NCPA, out of which, 20 cases were brought before the court, and investigations were pending in seven cases. The Committee notes that according to the report of 27 June 2011 on trafficking of persons in Sri Lanka, available on the website of the United Nations High Commissioner for Refugees, in 2009, the NCPA estimated that approximately 1000 children were subjected to commercial sexual exploitation within Sri Lanka although some NGOs believed the actual number to be between 10,000 and 15,000. Moreover, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2010 (CRC/C/LKA/CO/3-4, paragraph 69) expressed concern that in spite of the magnitude of child sexual exploitation and notably high incidence of exploitation of approximately 40,000 children in prostitution, there are no comprehensive data available on child sexual exploitation and no central body to monitor the investigation and prosecution of child sexual exploitation cases. The Committee expresses its deep concern at the high number of children involved in commercial sexual exploitation. It accordingly urges the Government to strengthen its efforts to combat the commercial sexual exploitation of children and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide 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 Committee previously noted that section 20A of the Employment of Women, Young Persons, and Children Act (EWYPC Act of 2006), as amended by the Employment of Women, Young Persons, and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), prohibits the employment of children under the age of 18 years in any hazardous occupation. It also noted that section 20A further provides that hazardous occupations in which persons under 18 years are prohibited from working shall be prescribed by the Minister. Subsequently, it noted the Government’s indication that the list of types of hazardous work was being revised by a tripartite steering committee, and would come into force as Regulations under section 20A of the EWYPC Act of 2006 after adoption by the Parliament. The Committee expressed the firm hope that the list containing the types of hazardous work prohibited to children under 18 years would be adopted in the near future.

The Committee notes with satisfaction that the Hazardous Occupations Regulation containing the list of types of hazardous works under section 20A of the EWYPC Act of 2006 has been adopted and came into force on 20 August 2010. This Regulation contains a comprehensive list of 49 types of work prohibited to persons under the age of 18 years including: work involving the manufacture and use of pesticides and other dangerous chemicals; production, transport and sale of alcohol and tobacco; work involving slaughter of animals or cutting or chopping flesh of animals; work related to dangerous machines; work involving fishing in deep waters and diving; mining, quarrying or underground work; manufacture, transport or sale of explosives and fireworks; work related to manufacturing and smelting of metals, glass and brass; work involving use or handling of radioactive materials; work at dangerous heights; work involving lifting and carrying of heavy loads; work related to tanning of leather; work related to felling, collecting, chopping or logging of wood; work involving collection or disposal of garbage or sewage or scavenging of garbage; work related to spinning, weaving, and dying in the textile industry and manufacture of garments; work related to road construction; work related to the production of rubber sheets and latex; work near or around a kiln for the manufacture of tiles and bricks; night work; work on a vessel; work in clubs, bars, casinos, hotels, restaurants and eating houses; work involving acrobatic performances and other dangerous physical performances or handling of dangerous animals; and work involving the accompanying of tourists whether as guides or otherwise. The Committee requests the Government to provide information on the application in practice of section 20A of the EWYPC Act of 2006.

Article 6. Programmes of action to eliminate the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that it had developed a two-year National Action Plan to Combat Child Sex Tourism, 2006, led by UNICEF and the Sri Lanka Tourist Board. It also noted that within the framework of this project, several awareness-raising programmes were implemented in 2007 for hotel staff in high-risk areas, tourist van drivers and service providers, school children, teachers and tourist police officers. The Committee requested the Government to provide information on the impact of this National Action Plan to Combat Child Sex Tourism.

The Committee notes the Government’s information that the impact of the programmes conducted within the National Action Plan to Combat Child Sex Tourism has not yet been evaluated. The Committee notes that the CRC, in its concluding observations of 19 October 2011, (CRC/C/LKA/CO/3-4, paragraph 71), expressed concern that Sri Lanka remains a common destination for child sex tourism, with a high number of boys being sexually exploited by tourists. The CRC also expressed concern that the police lack the necessary technical expertise to combat child sex tourism and that the Cyber-Watch programme to monitor the internet for child pornography and crimes related to child sex tourism was discontinued and the Cyber Crimes Unit closed due to lack of funding. The Committee expresses deep concern at the situation of children involved in child sex tourism. The Committee urges the Government to strengthen its efforts to combat child sex tourism. It requests the Government to take the necessary measures to enhance the functioning of the police in tracking and identifying children involved in child sex tourism and to ensure that perpetrators are brought to justice. The Committee requests the Government to provide information on the concrete measures taken in this regard. The Committee finally requests the Government to provide information on the impact of the National Action Plan to Combat Child Sex Tourism, once its evaluation has been completed.

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