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UNCLAS COLOMBO 000097 
 
SIPDIS 
 
STATE FOR SCA/INSB AND DRL/ILCSR FOR SARAH MORGAN 
STATE FOR G/TIP FOR LUIS CDEBACA 
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER 
 
E.O. 12958: N/A 
TAGS: EIND ELAB ETRD PHUM SOCI CE
SUBJECT: SRI LANKA: INFORMATION ON FORCED LABOR AND EXPLOITATIVE 
CHILD LABOR IN THE PRODUCTION OF GOODS FOR MANDATORY CONGRESSIONAL 
REPORTING REQUIREMENTS 
 
REF: (a) STATE 131995 
 (b) 09 Colombo 63 
 
1) Tasking 1/TVPRA 
The use of forced child labor/exploitative child labor in the 
production of goods: Post has contacted host government officials, 
private industry representatives and the International Labor 
Organization, and all agree that there is no forced child labor or 
exploitive labor in the formal industry, such as the production of 
garments.  Post provides more detail on other issues in its response 
to Tasking 2. 
 
2) Tasking 2/TDA 
 
2A) PREVALENCE AND SECTORAL DISTRIBUTION OF EXPLOITATIVE CHILD 
LABOR 
There are no recent national statistics on child labor or 
exploitative child labor in Sri Lanka.  The last national survey on 
child labor was conducted in 1999.  Findings from a U.S. Department 
of Labor-funded child activity survey carried out by the Department 
of Census and Statistics in 2008/2009 are not yet available. 
 
According to anecdotal evidence, children, mostly between 14-17 
years old, may be engaged in domestic service, street vending, 
agriculture, construction, mining, factory work, small scale 
manufacturing, small restaurants, shops, and in prostitution. 
Exploitative child labor situations may exist within these sectors. 
Post is currently preparing a Trafficking in Persons report which 
will provide more information on this area. 
 
2B) LAWS AND REGULATIONS 
There were no new laws or regulations covering child labor that were 
enacted in 2009. 
 
The minimum age for employment is 14 years.  The minimum age for 
employment at sea is 15 years.  The law limits the work hours of 
children age 14 and 15 years to 9 hours per day and the work hours 
of children 16 and 17 years to 10 hours per day.  There are 
regulations governing employment at night of children between 14-17 
years.  The government has prepared, but not published, regulations 
governing hazardous child labor aimed at improving the legal 
structure and protecting children.  The law prohibits forced labor, 
debt bondage, and all forms of slavery by persons of any age. 
However, a majority of Sri Lankans work in the informal sector, 
which is why the survey on actual working conditions will be so 
important. 
 
Sri Lanka has ratified ILO Convention 182 on Worst Forms of Child 
Labor.  The Penal Code contains provisions prohibiting several 
hazardous forms of child labor, including child pornography, 
prostitution and trafficking.  It seeks to prevent sexual abuse of 
children via the internet as well as the soliciting of children for 
sexual abuse.  A 2006 amendment to the Penal Code prohibits the use 
or recruitment of children (below 18 years) in armed conflict.  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. 
 
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 
other hazardous occupations.  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.  In 
2009, the government drafted necessary regulation to prohibit 
hazardous forms of child labor.  The government has not yet 
presented the draft to parliament for approval. 
 
2C) INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT- FORCED CHILD LABOR 
AND HAZARDOUS CHILD LABOR 
 
2C SECTION I- HAZARDOUS CHILD LABOR: 
 
¶1.   Agencies responsible:  The Department of Labor and the National 
Child Protection Authority (NCPA) have the legal authority to 
enforce hazardous child labor laws. 
¶2.   Exchange of information:  The Department of Labor works closely 
with the Police Unit at the NCPA and the Women and Children's Bureau 
of the Sri Lanka Police. 
¶3.   Mechanism for making complaints on hazardous child labor:  Two 
hotlines.  Complaints can be made via hotlines of the Women and 
Children's Bureau of the Sri Lanka Police and the Ministry of Child 
Development and Women's Empowerment. 
¶4.   Funding:  Not available. 
¶5.   Number of inspectors:  The Labor Department's labor 
inspectorate consists of 314 officers tasked with enforcing child 
labor laws in addition to other labor laws.   The labor inspectorate 
is currently short-staffed.  There are plans to increase the staff 
of labor inspectors. 
¶6.   Number of inspections:  The Labor Department received 140 
complaints of child labor of children below 14 years. 
¶7.   Number of children removed from:  Not available. 
¶8.   Cases opened: 9 cases on the violation of child labor laws 
(employing children below 14 years) 
¶9.   Cases closed: Not available. 
¶10.  Convictions: Not available. 
¶11.  Length of time to resolve a child labor case: About 2 years 
¶12.  Penalties: Not available. 
¶13.  Commitment to combat exploitative child labor:  During 2009, 
the Ministry of Labor and Manpower convened a tripartite technical 
working group on exploitative child labor.  The working group was 
charged with finalizing regulations to prohibit exploitative child 
labor.  The group has finalized regulations.  The regulations, 
however, require parliamentary approval.  This may be delayed as 
parliament may be dissolved and parliamentary elections held by 
April 2010. 
¶14.  Government Training for investigators or others responsible for 
enforcement:  In 2009, the Ministry of Labor and Manpower trained 
240 labor officers, police officers and probation officers on 
investigation and prosecution of all forms of child labor 
violations.  The Ministry also conducted approximately 160 training 
programs on the prevention of child labor for social partners, 
school children and parents.  The Department of Labor also conducted 
a sticker campaign (10,000 stickers) and distributed 10,000 leaflets 
to create awareness. 
 
2C SECTION II- FORCED CHILD LABOR: 
¶1.  Agencies responsible:  National Child Protection Authority 
(NCPA), an independent agency under the Ministry of Child 
Development and Women's Empowerment and the Women and Children's 
Bureau of the Department of Police. 
¶2.  Exchange of information: NCPA's police division works closely 
with the Women and Children's Bureau of the Department of Police. 
¶3.  Mechanism for making complaints regarding forced child labor: 
Complaints can be made via hotlines of the Women's and Children's 
Affairs Bureau of the Sri Lanka Police and the hotline of the 
Ministry of Child Development. 
4 through 12.  Not available. 
¶13. Commitment to combat forced child labor:  Forced child labor is 
not prevalent in Sri Lanka. 
¶14. Training: Covered by other training programs. 
 
2D INSTITUTIONAL MECHANISMS FOR EFFECTIVE ENFORCEMENT-CHILD 
TRAFFICKING, COMMERCIAL SEXUAL EXPLOITATION, USE OF CHILDREN IN 
ILLICIT ACTIVITIES 
 
2D SECTION 1: CHILD TRAFFICKING 
Note:  Post's consular section is preparing a Trafficking in Persons 
report that will provide additional information on this issue. 
 
¶1. Agencies to enforce child trafficking:  National Child Protection 
Authority (NCPA), an independent agency under the Ministry of Child 
Development and Women's Empowerment and the Women and Children's 
Bureau of the Department of Police. 
¶2. Funding for investigating child trafficking/CSEC and illegal 
activities:  NCPA budget for 2008: Rs 48.5 million ($429,000 USD) 
and 2009: Rs 40.3 million ($356,000). 
¶3. Child trafficking hotline:  There are two hotlines for reporting 
all kinds of abuse against children, at the Women and Children's 
Bureau of Sri Lanka Police and the Ministry of Child Development and 
Women's Empowerment. 
¶4. Investigations: 38 (reported to Children's and Women's Bureau of 
Sri Lanka Police from January to November 2009) and 
10 investigations by the NCPA (there may be duplications between 
these two groups). 
¶5. Number rescued: 11 children (NCPA) 
¶6. Number of arrests: 20 people (NCPA) 
¶7. Cases closed or resolved: Not available.  NCPA filed ten cases in 
¶2009. 
¶8. through 12.  Not available. 
 
2D SECTION 2: COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN (CSEC) 
¶1.  Agencies to enforce CSEC: National Child Protection Authority 
(NCPA), an independent agency under the Ministry of Child 
Development and Women's Empowerment and the Women and Children's 
Bureau of the Department of Police. 
¶2.  Funding for investigating CSEC: Please see 2D Section 1 above. 
¶3.  CSEC hotline:  There are two hotlines for reporting all kinds of 
abuse against children, at the Children's and Women's Bureau of Sri 
Lanka Police and the Ministry of Child Development and Women's 
Empowerment. 
¶4. thru 12.  Not available. 
 
2D SECTION 3: USE OF CHILDREN IN ILLICIT ACTIVITIES 
¶1.  Agencies to enforce children in illicit activities:  National 
Child Protection Authority (NCPA), an independent agency under the 
Ministry of Child Development and Women's Empowerment and the Women 
and Children's Bureau of the Department of Police. 
¶2.  Funding for investigating illicit activities: Please see 2D 
Section 1 above. 
¶3.  Child illicit activities hotline:  There are two hotlines for 
reporting all kinds of abuse against children, at the Women and 
Children's Bureau of Sri Lanka Police and the Ministry of Child 
Development and Women's Empowerment. 
¶4. through 12. Not available. 
 
2D-13. Armed Conflict:  From 1983 to May 2009 Sri Lanka experienced 
an armed conflict which involved the use of child soldiers by armed 
rebel groups.  Forced conscription by the separatist Liberation 
Tigers of Tamil Eelam (LTTE, a U.S. - designated foreign terrorist 
organization) and by TMVP, a former LTTE faction, was the gravest 
problem facing children in Sri Lanka.  In December 2008, the 
Government of Sri Lanka, the TMVP and the United Nations in Sri 
Lanka signed a tri-partite Action Plan to stop all new recruitment 
and to release and rehabilitate current and former child soldiers. 
The armed conflict ended in May 2009.  The government has taken 
steps to rehabilitate children associated with these groups under 
Emergency Regulation 1580/5 of December 15, 2008 under Section 2A of 
the Public Security Ordinance. (Please see section 2F below for 
further details) 
 
2E) GOVERNMENT POLICIES ON CHILD LABOR 
The Government of Sri Lanka continues to demonstrate a strong 
commitment to combating child labor and strives to eliminate child 
labor through education.  Government policies do not support 
exploitative child labor.  Currently the government does not have a 
specific program to combat exploitative child labor. 
 
Government commitment towards eliminating child labor is shown in 
various government policy documents.  "Mahinda Chintana- A vision 
for New Sri Lanka: ten year national development plan (2006-2016)", 
a key economic policy document of the government, contains 
government policies on combating child labor and exploitative child 
labor.  The policies aim to encourage parents to keep children in 
school instead of sending them to work, provide social protection to 
prevent children from ending up in exploitative labor, and take 
steps to ensure that plantation children go to school. 
Traditionally, plantation children have been a primary source of 
child domestic workers.  President Rajapaksa was re-elected in 
January 2010, and his election manifesto also refers to child 
protection.  It pledges to extend compulsory education age from 14 
years to 16 years and to take steps to curb school dropouts.  In 
addition, the manifesto pledges to have a police bureau attached to 
the National Child Protection Authority (NCPA) with adequate powers, 
independence and authority to deal with child abuse.  (Note: there 
is a Police Bureau already attached to the NCPA.) 
 
The government's current education policy contained in "The 
Education Sector Development Policy (ESDP) 2006-2010" does not 
explicitly refer to elimination of child labor.  However, child 
labor is discouraged through a key component of the project which 
strives to promote school attendance and informal education. 
According to the World Bank, a main donor to the ESDP, the 
attendance rate for grades 1-9 increased from less than 80% prior to 
2006 to more than 90% by 2009.  Under the ESDP, about 43,000 out of 
school children (aged 6-14 years) have been brought into the 
education system between 2006-2007.  The government provides free 
education up to university level and free school uniforms and 
subsidized transport to school children.  In addition, the 
government also offers free breakfasts to over 500,000 school 
children from low income families.  With UNICEF assistance, Sri 
Lanka has established over 1,100 child-friendly schools to encourage 
enrollment and retention.  Despite these education achievements, Sri 
Lanka still faces challenges in providing equitable access to 
education for children, mainly in rural and formerly conflict areas. 
 Quality of education in these areas is also a problem. 
 
The Ministry of Finance and Planning has prepared a National Action 
Plan for Children (2010-2014) to replace the National Action Plan 
for Children (2004-2008) although it is yet to be published. 
According to officials at the National Planning Department, the new 
plan includes action plans to eliminate child labor and exploitative 
child labor. 
 
The government's National Child Protection Authority (NCPA) is the 
lead agency charged with formulating policies and protecting 
children from all forms of abuse including trafficking and CSEC. 
The government is implementing a National Plan of Action on 
Trafficking in Children under the purview of the NCPA.  Post is 
currently preparing a report on Trafficking in Persons which will 
provide additional information. 
 
During 2009, the Ministry of Labor and Manpower convened a 
tripartite technical working group on exploitative child labor.  The 
working group was charged with finalizing regulations to prohibit 
exploitative child labor.  The Ministry of Labor and Manpower also 
participated in an ILO-sponsored initiative which seeks to 
mainstream child labor into other development policies and 
planning. 
 
Since the conclusion of the ILO-IPEC project in Sri Lanka, the 
government focus on combating exploitative child labor has 
diminished somewhat due to fiscal constraints. 
 
Sri Lanka has ratified or signed the following international or 
regional conventions to combat trafficking: 
--The SAARC Convention on Preventing and Combating Trafficking in 
Women and Children for Prostitution (ratified in 2002); 
--The UN Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Children and Women (signed in 2000, not 
ratified); and 
--Optional Protocol to the Convention on the Rights of the Child on 
children, child prostitution, and child pornography (ratified in 
2006). 
 
2F) SOCIAL PROGRAMS TO ELIMINATE EXPLOITATIVE CHILD LABOR 
The Ministry of Education is continuing its efforts to improve 
education for the children of plantation workers who are especially 
vulnerable to exploitative child labor.  The Ministry of Education 
has recruited over 3,000 teachers for estate schools in 2007.  The 
Ministry of Education is taking steps to hold additional classes for 
school children in secondary classes (year 10) in the plantation 
areas.  Plantation companies which manage large government-owned 
plantations in Sri Lanka have also invested in social programs to 
encourage schooling and prevent children entering the labor force. 
As a result, some plantation children have entered university. 
According to one company, most children now study at least up to 
Ordinary Level Certificate (11 years of schooling).  The ILO is 
collaborating with district level government officials and central 
government ministries in a Youth Employment Project in the 
plantation province of Sabaragamuwa.  The project aims to strengthen 
the employment prospects of plantation youth over 14 years. 
 
Social programs under the NCPA also exist for children orphaned by 
the tsunami.  The NCPA has established a district-wide network 
consisting of NCPA, child rights promotion officers and probation 
officers to monitor the progress of orphan children. 
 
A separate government led program exists for rehabilitation and 
re-integration of ex-child combatants of the TMVP and now-defeated 
LTTE.  These children, numbering about 556 as of November 2009, are 
provided residential educational and vocational training facilities 
in two centers in Colombo and Vavuniya (Northern Province).  Of the 
556 ex-child combatants, 180 students sat for the O-level 
examination (after completing 11 years of schooling) in December 
¶2009.  They were provided with catch-up education classes to enable 
them to sit the examination.  The government is taking action to 
re-unify these children with their families by allowing family 
visits at the two facilities.  UNICEF maintains a database of 
children reported by their families as missing and recruited.  There 
are five possible cases of child soldiers who were reported by their 
families as recruited by the TMVP. Since the children have not yet 
been located, their association with the TMVP cannot be confirmed or 
denied.  Post is currently investigating this matter in detail for 
the 2010 Trafficking in Persons Report.  There are also 33 
outstanding cases of LTTE recruits.  Following the conclusion of the 
war, these children are not presumed to be currently engaged in 
conflict - rather, they are unaccounted for despite UNICEF's and 
local authorities' investigations. 
 
FOWLER