Observación (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the information provided by the Government in reply to its earlier comments.

Child exploitation

In its earlier comments the Committee referred to allegations of child labour exploitation in various sectors, such as domestic service, shops, private coaches, tourist industry, etc. It notes with interest the information on measures taken by the Government to combat child labour and child abuse, and in particular the new amendments to the Penal Code (Act No. 29 of 1998) which have enhanced penalties for the exploitation of children, as well as various measures taken with a view to strengthening the enforcement machinery, such as the appointment of more labour officers and Assistant Commissioners of Labour and setting up of regional committees to coordinate activities pertaining to child labour. The Committee also notes from the Government’s report that a wide range of activities has been implemented with the assistance of the ILO’s International Programme for the Elimination of Child Labour (IPEC) in Sri Lanka. It further notes the Government’s indication in the report concerning the amendment of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, which has now imposed a total prohibition on employing persons under the age of 14.

1.  The Committee would be grateful if the Government would supply in its next report further information on the progress achieved in its efforts to improve the legislative support to combat child exploitation and to ensure that exaction of forced labour is punished as a penal offence and that the penalties imposed by law are really adequate and strictly enforced, as required by Article 25 of the Convention. Please provide information on the manner in which the amendments to the Penal Code introduced by Act No. 29 of 1998 referred to above and by Act No. 22 of 1995 are applied in practice, including the number and extent of penalties imposed in prosecutions which have proceeded under it. Please also supply information on the activities of regional committees referred to above, which, according to the report, are being reviewed and monitored at the Women and Children’s Affairs Division of the Department of Labour, as well as extracts from any inspection or other reports - for example, of the National Child Protection Authority set up under Act No. 50 of 1958 - on practical difficulties in the application of the Convention in this respect.

2.  The Committee notes the Government’s confirmation in the report that domestic child workers are covered by the laws on child labour. The Committee would be grateful if the Government would continue to provide, in its future reports, information on any measures to protect child domestic servants from forced labour and to combat child servitude.

Emergency regulations

3.  In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. The Committee has noted the Government’s repeated statement that, in view of the ongoing war in the country, it is imperative that the provisions of the Emergency Regulations remain in force, in order to prevent any breakdown in the national security and to ensure the maintenance of essential services. Referring to paragraph 36 of its 1979 General Survey on the abolition of forced labour, the Committee wishes to point out once again that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee again requests the Government to provide information on measures taken or envisaged in order to bring the legislation into conformity with the Convention on this point.

Compulsory public service

4.  The Committee has noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It reiterates its hope that the necessary measures will be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention.

5.  The Committee is addressing a request directly to the Government on certain other points.