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UNCLAS SECTION 01 OF 03 COLOMBO 000063 
 
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 -JANUARY 2009 
 
REF: A) 08 STATE 00127448 
 
¶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 between 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, 
enabling the Minister of Labor Relations and Manpower 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. To date the government has yet to publish 
regulations to prohibit the 49 occupations.  Penalties, as drafted, 
for violating 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. 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's actions to strengthen action against child labor and 
child abuse included the formation of village level vigilant 
committees and school child protection committees, in addition to 25 
district child development committees (DCDC).  DCDC's conduct 
training programs for government officers with the assistance of the 
NCPA.  NCPA also conducts training programs for police officers.  In 
2007, NCPA trained 752 police officers and, in 2008, a further 842 
officers.  The police unit assigned to NCPA was expanded to 20 
officers in 2008 from 15 in 2007.  The Ministry of Child Development 
and Women's Empowerment established a new child helpline in January 
 
COLOMBO 00000063  002 OF 003 
 
 
2008 to receive complaints on child abuse, including child labor. 
 
¶6.  The Ministry of Labor Relations and Manpower is responsible for 
enforcing child labor laws.  It employs around 300 labor inspectors 
specifically tasked with enforcing child labor laws, in addition to 
other labor laws.  (Note:  The Ministry employs 682 labor officers 
overall.)  The Women's and Children's Affairs division of the 
Ministry of Labor Relations and Manpower conducted eight training 
programs in 2008, to improve the enforcement capacity of those 
responsible for combating child labor.  The program trained about 
250 labor, police and probation officers.  In addition, the Ministry 
conducted, primarily in villages, approximately 130 awareness 
programs for school children, parents, and social partners such as 
health workers, teachers and government and non-governmental 
organization officials. 
 
¶7.  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            97    17              NA  NA 
2008           164    08     501  NA 
 
Sources: Department of Labor, NCPA, Sri Lanka Police 
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 
2008, there were 50 complaints against employment of children below 
14 years as domestic workers. 
 
(c) Number of complaints on child domestic workers, below 14 years, 
received by the Children and Women Division of Sri Lanka Police. 
 
¶8.  The National Child Protection Agency's cyberwatch office is 
responsible for combating child pornography and pedophilia via the 
internet.  From 2001 - 2006 the unit actively cracked down on 
foreign and domestic pedophiles operating in Sri Lanka.  Since 
mid-2006, the cyber watch unit has not been operational due to 
insufficient funding and lack of trained staff. 
 
Social Programs to Prevent Child Labor 
-------------------------------------- 
 
¶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.  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 is 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 is implemented 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.  ADB and 
the World Bank provide significant assistance to the ESDFP.  The 
government is also working with UNICEF to eliminate child labor by 
improving access to education and the quality of both formal and 
informal education. 
 
 
COLOMBO 00000063  003 OF 003 
 
 
Vulnerable Sectors 
------------------ 
 
¶10.  Children of plantation workers are at a high risk of becoming 
victims of child labor due to poverty, ignorance and high school 
dropout rates. The Ministry of Education has a specific 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 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 commenced a 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 over 14 
years 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 the TMVP, a former LTTE faction that 
is now aligned with the Government, continues to be the gravest 
problem facing children in Sri Lanka.  According to UNICEF 
data-bases, as of November 30, 2008, there are 1,424 outstanding 
cases of under age recruitment by the LTTE. Of these, 99 are 
currently under the age of 18, and 1,325 were recruited while under 
18 but have now passed that age. 
 
¶13.  Also as of November 30, 2008 there are 127 outstanding cases of 
under age recruitment by the TMVP.  Of these, 56 are currently under 
the age of 18, and 71 were recruited while under 18 but have now 
passed that age.  In December 2008, the Government of Sri Lanka, 
TMVP and UNICEF signed an action plan to ensure that the recruitment 
and use of children by the TMVP comes to an end, and that all 
children with the TMVP are released and reintegrated to society. 
UNICEF estimates that its database reflects only a third of the 
actual number of children recruited.  The international community, 
led by UNICEF and the UN Working Group on Children and Armed 
Conflict, has repeatedly condemned the recruitment of child 
combatants by the LTTE and TMVP.  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.  The 
government has drafted a policy and appointed a deputy commissioner 
for rehabilitation and re-integration of former child soldiers.  The 
policy aims to provide interim protective care for child soldiers 
and enable reintegration with their families and communities. 
 
¶14.  Child Sex Tourism:  A leading NGO working to combat child sex 
abuse reports that child sex tourism appears to have declined in 
¶2008.  Penal code amendments which aim to prevent sexual abuse of 
children via the internet, as well as the soliciting of children for 
sexual abuse and increased jail terms, have helped to mitigate the 
problem.  However, a significant number of Sri Lankan children are 
drawn into prostitution every year, the majority of them boys. 
These children are now mainly exploited by Sri Lankan residents. 
 
¶15.  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 U.S. Department of Labor, through the ILO, is 
funding a new national estimate of child labor in Sri Lanka to be 
completed by end 2009. 
 
BLAKE