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UNCLAS SECTION 01 OF 03 COLOMBO 001603 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR SCA/INS AND DRL/IL FOR TU DANG 
DOL/ILAB FOR TINA MCCARTER 
 
E.O 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI CE
SUBJECT: SRI LANKA: WORST FORMS OF CHILD LABOR UPDATE - NOV 2007 
 
REF: A) STATE 149662 B) 06 COLOMBO 2072 
 
¶1.  As requested by Ref A, below is an update of the worst forms of 
child labor information for Sri Lanka. 
 
Child Labor Legislation 
----------------------- 
 
¶2.  Sri Lanka ratified International Labor Organization (ILO) 
Convention 138 on Minimum Age for Employment on November 2, 2000, 
and ILO Convention 182 on Worst Forms of Child Labor on January 3, 
¶2001.  The conventions define a child as a person under 18 years 
old.  Under the Employment of Women, Young Persons and Children Act 
of 1956, the minimum age for employment in Sri Lanka is 14 years. 
Under the Act, children may be employed in family-run agricultural 
enterprises or as part of technical training activities.  Children, 
however, cannot work during school hours.  The law limits the work 
hours of young people between 14 to 16 years to 9 hours per day, and 
the work hours of young people ages 17 and 18 years to 10 hours per 
day.  Penalties for violation of the law are a fine of Sri Lankan 
Rupees (Rs) 10,000 (approximately USD 90), or imprisonment of up to 
12 months, or both; and payment of compensation as decided by 
courts. 
 
¶3.  Worst forms of child labor:  Sri Lanka has ratified ILO 
Convention 182 on Worst Forms of Child Labor.  The Penal Code 
contains provisions prohibiting several forms of abuse against 
children, including child pornography, prostitution and trafficking. 
 The government amended the Penal Code in 2006 to strengthen the 
laws against child abuse and child labor in compliance with sections 
3A, 3B and 3C of the ILO Convention 182 on Worst Forms of Child 
Labor.  The amendment prohibits the use or recruitment of children 
(below 18 years) in armed conflict.  It also prohibits forced labor, 
debt bondage, and slavery in Sri Lanka.  The amendment aims to 
prevent sexual abuse of children via the internet as well as the 
soliciting of children for sexual abuse.  In addition, it expands 
the definition of trafficking to conform to international standards. 
 A jail term of up to 20 years and a fine is prescribed for these 
offenses covered by the Penal Code.  If the victim is under 18 
years, the jail term may be increased to 30 years.  The Penal Code 
amendment gives effect to Sri Lanka's obligations to the following 
ILO/UN Conventions: The Slavery Convention; The Convention 
Concerning Forced or Compulsory Labor; The Supplementary Convention 
on the Abolition of Slavery; the Slave Trade and Institutions and 
Practices Similar to Slavery; and The Convention on the Elimination 
of Worst Forms of Child Labor. 
 
¶4.  In August 2006, the Parliament passed an amendment to the 
Employment of Women, Young Persons and Children Act of 1956, that 
enables the Minister of Labor to publish regulations that prohibit 
the employment of persons below the age of 18 years in hazardous 
occupations.  Pursuant to section 3D and article 4 of ILO Convention 
182 on the Worst Forms of Child Labor, the Government of Sri Lanka 
compiled a list of 49 occupations in Sri Lanka that are considered 
to be hazardous forms of child labor.  Forty occupations are 
unconditional and are to be completely prohibited for children aged 
14-18 years, while the remaining nine occupations will be 
conditionally prohibited upon the publication of the relevant 
regulation.  Penalties for violation of the law are a fine of Rs 
10,000 (approximately USD 90), or imprisonment of up to 12 months, 
or both; and payment of compensation as decided by courts. 
 
Child Labor Law Enforcement 
--------------------------- 
 
¶5.  Enforcement Statistics:  The following table presents data on 
child labor complaints made to government agencies. 
 
Year       Dept of Labor(a)      NCPA(b) Police (c) 
        Complaints Prosecutions  Complaints Complaints 
 
2000           194    7              184  - 
2001           255    42             276  - 
2002           161    26             386  - 
2003           203    44             179  - 
2004           147    48             409  - 
2005       105    NA         315  - 
2006       161   18         618   26 
2007 Jan-June   52    8     NA   31 
 
Sources: Department Of Labor,NCPA, Sri Lanka Police 
 
COLOMBO 00001603  002 OF 003 
 
 
NA: not available 
 
(a) Employment of children below 14 years 
 
(b) National Child Protection Authority (NCPA) receives complaints 
on all forms of abuse against children below 18 years.  Most of the 
complaints concern sexual abuse, including child prostitution.  In 
2006, there were 69 complaints against employment of children below 
14 years as domestic workers.  All other complaints were regarding 
child abuse, cruelty and trafficking of children below 18 years. 
 
(c) Number of complaints on child domestic workers, below 14 years, 
received by the Children and Women Division of Sri Lanka Police. 
 
¶6.  The National Child Protection Agency's cyber watch is 
responsible for combating child pornography and pedophilia via the 
internet.  Since 2001, the unit has cracked down on foreign 
pedophiles operating in Sri Lanka.  As of mid-2006, however, the 
efficiency of the cyber watch unit has seriously eroded due to 
insufficient funding.  Statistics on the cyber watch unit's 
activities are below.  Data in the parentheses indicate the number 
of foreign suspects. 
 
--        No of investigations          No of arrests 
2002      45 (17)                       7 (4) 
2003      40 (10)                       2 (0) 
2004      25 (7)                        2 (2) 
2005      43 (15)                       2 (0) 
2006  30 (15)     0 (0) 
 
Source:  National Child Protection Agency 
 
Government Policies and Programs to Prevent Child Labor 
--------------------------------------------- ---------- 
 
¶7.  The Ministry of Child Development and Women's Empowerment was 
established in November 2005.  Under this Ministry is The National 
Child Protection Authority (NCPA) -- the primary agency tasked with 
the protection of children from child labor, abuse and exploitation. 
 The NCPA was less active in the last two years due to management 
changes and insufficient funding, and is currently being reorganized 
under a new chairperson and a new board of directors. 
 
¶8.  The Ministry of Labor is responsible for enforcing child labor 
laws.  It employs over 400 labor inspectors who are responsible for 
enforcing labor laws in the country.  The Women's and Children's 
affairs division of the Ministry of Labor conducted eight training 
programs in 2007, to improve the enforcement capacity of those 
responsible for combating child labor.  The program trained about 
240 labor, police and probation officers.  In addition, the Ministry 
conducted approximately 150 awareness programs for school children, 
parents, and social partners in the villages such as health workers, 
teachers and government and non governmental organization officials. 
 
 
¶9.  The Government of Sri Lanka continues to demonstrate a strong 
commitment to education, and strives to eliminate child labor 
through education.  The government provides free education as well 
as free school textbooks, uniforms and subsidized transport.  The 
government also offers free breakfasts to over 500,000 school 
children from low income families.  Schooling is mandatory for all 
children aged 6 to 14 years.  According to unpublished data from the 
Ministry of Education, net primary school enrollment in Sri Lanka 
was 89 percent and primary completion rate was 90 percent in 2005. 
The government now faces the challenges of expanding equitable 
access to post-primary education and establishing a high quality 
education system.  To respond to these challenges, the government 
developed an overarching Education Sector Development Framework and 
Program (ESDFP) in 2006.  Although not explicitly stated, child 
labor will be discouraged through a key component of the project 
which aims to promote school attendance and informal education by 
activating school attendance committees and expanding informal 
education centers, upgrading the school network in rural and estate 
regions (key areas/sources of child labor), and offering special 
education programs for children with special learning needs.  The 
ESDFP will be revised on a rolling 5-year basis with the latest 
program covering 2007-2011.  All donor assistance for the education 
sector is channeled through the ESDFP.  The World Bank is supporting 
the ESDFP with grant funds of USD 60 million for the period 
2006-2010.  In addition, the Asian Development Bank is finalizing a 
USD 80 million loan in support of ESDFP.  The government is also 
 
COLOMBO 00001603  003 OF 003 
 
 
working with UNICEF and ILO to eliminate child labor by improving 
access to education and the quality of both formal and informal 
education. 
 
Vulnerable Sectors 
------------------ 
 
¶10.  Children of plantation workers are at a high risk of becoming 
victims of child labor, as plantations traditionally employ child 
laborers.  The Ministry of Education has a program to improve 
education for children of plantation workers.  There are 819 schools 
in the plantation sector whose primary medium of instruction is in 
Tamil.  The government has recruited over 3,100 teachers to 
plantation schools in 2007, filling most of the teacher vacancies in 
the primary and lower secondary sections.  The Ministry reports 
difficulties in finding suitable candidates to teach English, 
science, and math in the upper secondary classes. 
 
¶11.  In January 2008, the ILO's International Program on the 
Elimination of Child Labor (IPEC) will commence youth employment 
projects in Sabaragamuwa province, an area with many tea and rubber 
plantations.  The ILO is collaborating with district level 
government officials and various central government ministries 
charged with vocational training and youth affairs.  The project 
aims to strengthen the employability of plantation youth by 
providing training in plantation-related skills, life skills and 
entrepreneurship.  Plantations Human Development Trust (PHDT), a 
semi-government company is working with plantation management 
companies, provincial councils, Department of Child Care and 
Probation (under the Ministry of Child Development and Women's 
Empowerment) and donor agencies on various programs aimed at 
reducing child labor coming from plantation areas. 
 
¶12.  Child Soldiers:  Forced conscription by the ethnic separatist 
Liberation Tigers of Tamil Eelam (LTTE, a U.S.-designated Foreign 
Terrorist Organization) and by breakaway LTTE groups known as the 
"Karuna" and "Pillaiyan" factions, continues to be the gravest 
problem facing children in Sri Lanka.  Despite a commitment to 
release all children within their ranks, the LTTE and the Karuna 
faction are still recruiting children.  In April 2007, UNICEF 
reported that it continued to receive reports on children being 
recruited.   According to UNICEF databases, there are 1,460 
outstanding cases of under-age recruitment by the LTTE as of 
September 2007.  Of these, 306 are under the age of 18, and 1,154 
were recruited when they were under 18 years but are now 18 years or 
older.  As of 30 September, there are 211 outstanding cases of 
under-age recruitment by the Karuna faction.  Of these, 160 are 
under the age of 18, and 51 were recruited while under 18 but have 
now passed that age.  UNICEF estimates that its database reflects 
only a third of the actual number of children recruited.  The 
international community, led by UNICEF, has repeatedly condemned the 
recruitment of child combatants by the LTTE and Karuna faction.  Sri 
Lanka has prohibited the use of children less than 18 years in armed 
conflict, thereby affirming that their recruitment is a punishable 
crime under the law. 
 
¶13.  Child Sex Tourism:  UNICEF estimates that a significant number 
of Sri Lankan children are drawn into prostitution every year, the 
majority of them boys.  These children are exploited by both local 
people and foreign tourists.  In order to combat child sex tourism, 
the Sri Lanka Tourist Board, the semi-government tourism promotion 
agency, with UNICEF support, launched a two-year action plan in 
mid-2006.  The campaign targets tourists, children, adolescents, 
hoteliers and journalists through mass media and advertisements with 
the message that there is zero tolerance for child sex tourism.  The 
Tourist Police is also being assisted to combat child sex tourism 
through this project. 
 
New Developments 
---------------- 
 
¶14.  The last national survey on child labor was conducted in 1999. 
Child labor advocates have repeatedly stressed the need to update 
statistics, to take stock of the current child labor situation, and 
to design programs and policies to address problems identified by 
the survey.  The US Department of Labor, through the ILO, is 
expected to fund a new national estimation of child labor in Sri 
Lanka to be completed in mid-2009.  The program will include 
research, a national estimation of child labor in key sectors, and 
policy formulation. 
MOORE