Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report. It also takes note of the communications dated 20 August 2003 and 20 February 2004 from the International Confederation of Free Trade Unions (ICFTU), and of a communication dated 2 March 2004 from the Lanka Jathika Estate Workers’ Union (LJEWU). Copies of the communications were forwarded to the Government for any comments it might wish to make on the matters raised therein. In its earlier observations under the Forced Labour Convention, 1930 (No. 29), the Committee made comments on the issues of the recruitment of children for use in armed conflict and child domestic workers. The Committee is of the view that these issues can be examined more specifically under this Convention. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. In its comments, the ICFTU indicates that Sri Lanka is both a country of origin and of destination of trafficked persons, mainly women and children, for the purposes of forced labour and sexual exploitation.

The Committee notes that section 360A of the Penal Code as amended by Act No. 22 of 1995 and Act No. 29 of 1998 provides that whoever: (2) procures or attempts to procure any person under 16 years of age to leave Sri Lanka (whether with or without the consent of such persons) with a view to illicit sexual intercourse with any person outside Sri Lanka, or removes or attempts to remove from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose; (3) procures or attempts to procure any person of whatever age to leave Sri Lanka (with or without the consent of such person) with intent that such person may become the inmate of, or frequent, a brothel elsewhere, or removes or attempts to remove from Sri Lanka any such person for the said purpose; (4) brings or attempts to bring into Sri Lanka any person under 16 years of age with a view to illicit sexual intercourse with any other person in Sri Lanka or outside Sri Lanka, commits the offence of procuration and shall, on conviction, be punished with imprisonment for a term of not less than two years and not exceeding ten years and may also be punished with a fine.

The Committee observes that subsections (2) and (4) of section 360A of the Penal Code, as amended by Act No. 22 of 1995 and Act No. 29 of 1998, regarding trafficking of children for the purpose of sexual exploitation, apply only to children below 16 years of age. The Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under the age of 18 years is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to indicate the measures taken to secure the prohibition and elimination of the sale and trafficking of children under 18 years of age for sexual exploitation.

2. Compulsory recruitment of children for use in armed conflict. In its comments, the ICFTU indicates that Sri Lanka has been the scene of an armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE) since 1983. Although there are efforts to move towards peace, it is not clear that these will be successful. The ICFTU refers to the Amnesty International Report of 2003, which indicates that LTTE had recruited hundreds of persons under 18 years of age, some as young as 10 years old. According to Amnesty’s report, at the end of 2002, the Sri Lankan Monitoring Mission ruled that 313 cases out of 603 complaints regarding child recruitment were violations of the Cease Fire Agreement. The ICFTU also indicates that many LTTE child recruits are forced or compelled to join the forces. However, many children say that they "volunteered". The ICFTU identifies factors which contribute to such voluntary acts, such as the existence of armed conflict or a military environment itself; poverty; lack of access to education and/or viable and appropriate work; and an abusive or exploitative home situation. These child recruits are trained to handle live munitions, and are engaged in armed conflict with the risk of serious injury or death. The ICFTU urges the Government to prohibit all military recruitment of children whether compulsory, forced, coerced or voluntary into the armed forces or any armed groups, and also to identify other such factors that lead to children’s involvement in this worst form of child labour. In its comments, the LJEWU indicates that there is no specific law to deal with the forced or compulsory recruitment of children for use in armed conflict. To give effect to the Convention, the Government should introduce provisions to deal with the prohibition of forced or compulsory recruitment of children under the age of 18 years for use in armed conflict. The LJEWU also indicates that the Government should take immediate measures to stop recruitment and deal with offenders.

The Committee notes that according to the report of the Secretary-General of the United Nations on children and armed conflict of 26 November 2002 (S/2002/1299, paragraph 47), the commitment made to the Special Representative of the United Nations Secretary-General by the Liberation Tigers of Tamil Eelam (LTTE) during his visit to Sri Lanka in 1998 not to recruit or use children in armed conflict has been formally accepted in the current round of negotiations. Demobilization and reintegration of child soldiers from the ranks of LTTE should be accorded priority attention. However, the Committee notes that according to the "Rapid Assessment Study on the Commercial Sexual Exploitation of Children" published by ILO/IPEC in February 2002, a factor that has aggravated the situation of children is the ongoing civil war in the country. About 900,000 children in the north and east of Sri Lanka are directly affected by the war and many more affected indirectly. The armed conflict has displaced an estimated 380,000 children and many of them repeatedly. Most of the displaced children are removed from their family and relatives and are forced to work for their survival. The Committee also notes that in its second periodic report under the Convention on the Rights of the Child in November 2002 (CRC/C/70/Add.17, paragraph 170), the Government indicated that Sri Lanka’s authorities estimate that at least 60 per cent of LTTE fighters are below the age of 18 years. Estimates of LTTE cadres killed in combat reveal that at least 40 per cent of the fighting force consists of girls and boys between the ages of 9 and 18 years. Children are well known to be used for both gathering intelligence and in combat. They form the first wave of suicide attacks carried out by LTTE against their targets. Children are used in all activities of armed combat except in leadership positions.

The Committee expresses its serious concern about the current situation of children in Sri Lanka who are used in armed conflict. It reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee invites the Government to redouble its efforts to improve the situation. It requests the Government to provide information on measures taken to develop and implement appropriate legislation to prohibit the forced or compulsory recruitment of children under 18 years of age for use in armed conflict. The Committee also asks the Government to adopt provisions imposing penalties to deal with the offenders. Finally, it asks the Government to provide information on whether it has established, or is making efforts, towards the elaboration of a global strategy to prevent the participation of children in armed conflict in the future.

Clause (b). Use, procuring or offering of a child for prostitution. In its comments, the ICFTU indicates that child prostitution is prevalent in Sri Lanka. There are reports of boys between 8 and 15 being forced into prostitution. It also indicates that the Government estimates the number of child prostitutes at around 2,000, although other sources estimate the number to be much higher. The Protecting Environment And Children Everywhere Organization (PEACE-an NGO), reports that at least 5,000 children in the age bracket of 8 to 15 are exploited as sex workers, in particular in certain coastal resort areas.

The Government indicates that the Penal Code has been amended by the Penal Code (Amendment) Act No. 22 of 1995 and by the Penal Code (Amendment) Act No. 29 of 1998 in order to curb obscene publications, and eliminate the use, procuring or offering of children for prostitution. Consequently, section 360A of the Penal Code as amended by Act No. 22 of 1995 and Act No. 29 of 1998 provides that whoever: (1) procures or attempts to procure, any person, whether male or female of whatever age (whether with or without the consent of such person) to become within or outside Sri Lanka, a prostitute; (5) procures or attempts to procure any person of whatever age (whether with or without their consent) to leave such person’s usual place of abode in Sri Lanka with a view to illicit sexual intercourse within or outside Sri Lanka; (6) detains any person without the consent of such person in any premises with a view to illicit sexual intercourse or sexual abuse, commits the offence of procuration and shall, on conviction, be punished with imprisonment for a term of not less than two years and not exceeding ten years and may also be punished with a fine. Section 360B of the Penal Code provides penalties for the sexual exploitation of children below 18 years (imprisonment for a term not less than five years and not exceeding 20 years and may also be punished with fine). Furthermore, section 288A of the Penal Code (Amendment) Act No. 29 of 1998 makes provisions to penalize any person who knowingly hires, employs, persuades, uses, induces or coerces a child to procure any person for illicit sexual intercourse (imprisonment for a term not less than five years and not exceeding seven years and may also be liable to a fine).

The Committee notes that the "Rapid Assessment Study on the commercial sexual exploitation of children", published by ILO/IPEC in February 2002, refers to the PEACE (a local NGO with collaboration by government institutions) Campaign Research Studies, 1999. According to this campaign, about 10,000 children in the age group of 6-14 years are sexually exploited for commercial purposes. The commercial sexual exploitation of children flourished as a trade, because of the Government’s support towards the development of the tourist industry and also because law enforcement against such criminal activities was very weak. The Committee notes the information provided by the Government in its second periodic report under the Convention on the Rights of the Child in November 2002 (CRC/C/70/Add.17, paragraph 240) that one of the most degrading and serious forms of child labour occurs in commercial sex tourism. Hence, in its concluding observations on the second periodic report of Sri Lanka in July 2003 (CRC/C/15/Add.207, paragraph 47), the Committee on the Rights of the Child welcomed the Penal Code (Amendment) Act No. 22 of 1995, which seeks to protect children from sexual exploitation. However, it expressed its concern that the existing legislation is not effectively enforced.

The Committee observes that, although the legislation appears to be in line with the Convention in this matter, the commercial sexual exploitation of children under 18 is a problem in practice in Sri Lanka. The Committee expresses its serious concern about the actual situation of children in Sri Lanka who are sexually exploited for commercial purposes. It strongly encourages the Government to increase its efforts to improve the situation. In this regard, the Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children under 18 years for commercial sexual exploitation and to provide information on progress made in this regard. The Committee also asks the Government to provide information on the application of penalties in practice, including information on the infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. According to the Government’s indication, the National Child Protection Authority Act No. 50 of 1998 established a National Child Protection Authority (NCPA), which aims at coordinating and monitoring action against all forms of child abuse. Section 14 of Act No. 50 of 1998, sets forth the various functions of the NCPA, which includes: advising the Government in the formulation of a national policy in the prevention of child abuse; monitoring the implementation of laws relating to all forms of child abuse; and recommending measures to address the humanitarian concerns relating to children affected by armed conflict and the protection of such children. The Government also indicates that the Ministry of Employment and Labour has set up a National Steering Committee (NSC) in 1997 under the ILO/IPEC country programme to eliminate child labour. The Committee asks the Government to provide information on concrete measures taken by the NCPA and NSC to prohibit the forced or compulsory recruitment of children under 18 years for use in armed conflict and the sale and trafficking of children for commercial sexual exploitation, and results achieved.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Sri Lanka is one of the three countries included in the South Asian ILO/IPEC Subregional Programme to Combat Trafficking of Children for Exploitative Employment. A Plan of Action which has been elaborated covers four areas of intervention, namely: legal reform and law enforcement; institutional strengthening and research; prevention, rescue, rehabilitation; and reintegration. This Plan of Action is to be implemented within ten years. The legal reforms needed with regard to child trafficking violations were identified and action is being taken by the Ministry of Justice to make necessary amendments to the law. The Committee asks the Government to provide a copy of the abovementioned Plan of Action for the Elimination of Trafficking of Children, and on the results achieved through its implementation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to the "Rapid Assessment Study on the Commercial Sexual Exploitation of Children", a number of government agencies and NGOs are active in assisting sexually exploited children. All these institutions are registered and monitored by the Probation and Child Care Services Department (PCCSD) under the Ministry of Social Services. The rehabilitation programmes for sexually victimized children include educational, recreational, vocational training and social programmes. The PCCSD provides shelter and protection to sexually abused children and files action in court to achieve justice for the victims. Thereafter, it provides rehabilitation programmes under which the abused children are provided with job-oriented training. Several other NGOs such as the Social, Economic and Development Centre (SEDEC) affiliated with CARITAS, and Eradicating Sexual Child Abuse, Prostitution and Exploitation (ESCAPE), conduct awareness-raising programmes, render legal assistance to children who are sexually abused, and conduct rehabilitation programmes for sexually abused children. The Committee asks the Government to provide information on the impact of the aforementioned programmes with regard to removing children from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. 1. Children who have been affected by armed conflict. The Committee notes that in its comments, the ICFTU recommends that the Government design and implement programmes of action to prevent the recruitment of particularly vulnerable groups of children in armed groups. Such action programmes could include socio-economic programmes which enable all children to enter and remain in education; programmes to support families so that children do not drop out of schools; more youth employment opportunities; programmes to address the causes of domestic violence; and public awareness programmes to warn of the dangers of recruitment in the military. The Committee also notes that in its concluding observations on the second periodic report of Sri Lanka in July 2003 (CRC/C/15/Add.207, paragraphs 44-45), the Committee on the Rights of the Child indicated that almost 20 years of civil conflict has had an extremely negative impact on the implementation of the Convention on the Rights of the Child in Sri Lanka. While recognizing that children will greatly benefit from the peace process, the Committee on the Rights of the Child was concerned that during the transition to peace and the reconstruction process, children who have been affected by the conflict remain a particularly vulnerable group. The Committee on the Rights of the Child recommended that Sri Lanka implement the Plan of Action for the Respect of the Rights of Children during the reconstruction process (2003). In particular, the Committee on the Rights on the Child recommended that Sri Lanka: (a) prioritize the demobilization and reintegration of all combatants under 18 and ensure that all armed groups reintegrated into the national armed forces adhere to the minimum age of recruitment of 18 years; (b) develop, in collaboration with international organizations and NGOs, a comprehensive system of psychosocial support and assistance for children affected by the conflict, in particular child combatants, unaccompanied internally displaced persons and refugees, returnees and landmine survivors, which also ensures their privacy; (c) take effective measures to ensure that children affected by conflict can be reintegrated into the education system, including through the provision of non-formal education programmes and by prioritising the rehabilitation of school buildings and facilities and the provision of water, sanitation and electricity in conflict-affected areas. The Committee requests the Government to provide information on effective and time-bound measures taken in line with the above recommendations to address the situation of children who have been affected by the armed conflict. It also requests the Government to supply information on the impact of such measures in providing for the rehabilitation and social integration of former child combatants, and in particular to indicate approximately how many former child combatants have been rehabilitated through such measures.

2. Child domestic workers. In its comments, the ICFTU indicates that some 19,111 children work as domestic workers, 70 per cent being girls and 79 per cent from rural areas. It also indicates that there are reports of some rural children employed in debt bondage as domestic servants in urban households and of child domestic servants being employed in 8.6 per cent of homes in the southern province. They are often deprived of education and subject to physical, sexual and emotional abuse. The Committee takes note of the "Rapid Assessment Study on child domestic labour" published by ILO/IPEC in September 2003. The rapid assessment was segmented into three semi-projects. These three-semi projects contribute to the understanding of the situation of child domestic workers. According to the third project entitled "What Happens Behind Closed Doors", the hypothesis that child domestic workers engage in age-inappropriate domestic chores was confirmed by the fact that many children recruited for domestic work were below 14 years of age and were engaged in a variety of activities including those that are considered to be hazardous. The Committee asks the Government to provide information on measures taken to protect child domestic workers under 18 from hazardous labour and which provide for their rehabilitation and social integration.

3. Child victims and orphans of HIV/AIDS. The Committee notes that according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, young persons (15-25) in Sri Lanka constitute a substantial proportion of the population. There is evidence of growing numbers of young persons who engage in commercial sex, both heterosexual and homosexual. Some of these are with tourists and occur along the coastal areas frequented by the tourists. Foreign paedophiles also operate for commercial sex with young boys. Youths out of school are particularly vulnerable. Thus, these groups will be the focus of educational programmes to be implemented with the collaboration of the National Youth Service Council and NGOs. According to UNAIDS, although school children can be reached through school-based programmes, it is also necessary to reach to children out of school and/or unemployed youth. This includes street children in urban areas and areas bordering the conflict such as Anuradhapura town. Community-based organizations need to reach these children and youth using child-friendly approaches. Children and youth in conflict areas, and economically impoverished areas need special consideration. Children and families of those infected with HIV/AIDS also need to be addressed in this plan. These children may require long-term services and support and community-based strategies will be explored to address these needs. NGOs will play a significant role in reaching to the children out of school. Moreover, UNAIDS estimates that in 2001, 4,800 adults and children lived with HIV/AIDS, and at the end of 2001, around 2,000 children under the age of 15 had lost their mother or father or both parents to AIDS. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Article 8. International cooperation and/or assistance. The Committee notes that Sri Lanka is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Government indicates that the country has received financial and technical assistance from different member countries in giving effect to the provisions of this Convention as well as assistance from ILO/IPEC. According to the information available at the Office, UNHCR is engaged in inter-agency collaboration with regard to the protection of children and adolescents affected by armed conflict. Moreover, Sri Lanka has prepared a Poverty Reduction Strategic Paper (PRSP) to promote growth and reduce poverty through a participatory process involving civil society and development partners, including the World Bank and the International Monetary Fund (IMF). The Committee asks the Government to continue to supply information on international cooperation and/or assistance received to tackle the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee also requests the Government to supply information on any notable impact of the PRSP on eliminating the worst forms of child labour.

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