US embassy cable - 03COLOMBO1436

UNCLAS SECTION 01 OF 09 COLOMBO 001436 
 
SIPDIS 
 
DEPT FOR DRL/IL MARINDA HARPOLE, SA/INL 
DOL/ILAB FOR TINA FAULKNER 
 
E.O 12958: N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, CE, USAID, Human Rights 
SUBJECT:  SRI LANKA CHILD LABOR INFORMATION FOR 
TRADE AND DEVELOPMENT ACT (GSP) REPORTING 
REQUIREMENTS 
 
REF: STATE 193266 
 
1. Following is information on Child Labor in Sri 
Lanka for GSP Trade and Development Act. 
 
2.  Responses are keyed to Reftel. 
 
(a) Whether the country has adequate laws and 
regulations proscribing the worst forms of child 
labor: 
 
Sri Lanka has shown its commitment to protecting 
children from various forms of exploitative 
employment and abuse.  Sri Lanka was one of the 
first member countries to ratify the UN convention 
on the rights of the child in 1990.  A Sri Lankan 
"Children's Charter" was adopted in 1992.  In 1997, 
the National Child Protection Authority (NCPA) was 
established under the purview of the President.  The 
Sri Lanka Constitution of 1978, Article 27(13) 
states that "children shall be protected" and 
Article 12(14) states "action shall be taken to 
guarantee this protection". 
 
-- The government continues to take steps to protect 
children from the worst forms of child labor.  Sri 
Lanka ratified ILO convention 182 for the Immediate 
Elimination of the Worst Forms of Child Labor on 
March 1, 2001.  It entered into force in March 2002. 
The National Child Protection Authority (NCPA), with 
the assistance of the ILO's International Program on 
Elimination of Child Labor (IPEC), is moving to 
implement the convention.  Sri Lanka also ratified 
ILO convention 105 on the abolition of forced labor 
on January 7, 2003.  In 1999, Sri Lanka ratified ILO 
convention 138 on minimum age for admission for 
employment. 
 
-- The minimum age for employment is set at 14 
years, which is consistent with the age for 
completing school education in Sri Lanka.  The 
Employment of Women, Young Persons and Children Act 
(EWYC) and the Factories Ordinance (FO) govern 
employment of young persons between the ages of 14 
and 18, and lay down guidelines protecting their 
health, safety and welfare.  Penal code amendments 
in 1995 and 1998 provide legal protection to 
children from criminal exploitation. 
 
-- The worst forms of child labor or hazardous work 
for children between 14 and 18 years are not clearly 
defined.  There are various restrictions, however, 
to protect workers in this age group from dangerous 
work.  Under the EWYC, night work is generally 
prohibited for persons under 18 years; working hours 
of young persons below 16 years and below 18 years 
are limited to 9 hours and 10 hours per day, 
respectively.  Minimum age for employment at sea is 
15 years.  The Factories Ordinance permits 
employment of children 14-18 years.  It calls for 
medical certification of those below 16 and 
prohibits persons below 18 years from engaging in 
harmful employment. 
 
-- In 2003, the government took further action to 
protect children from exploitative employment 
through amendments to the EWYC Act -- Employment of 
Women and Young Persons and Children (Amendment Act) 
No. 8 of 2003.  Under the amendments, children below 
14 are allowed to work outside school hours only in 
part-time family agricultural work or to engage in 
technical training.  They are prohibited from 
working in any family-operated industrial 
undertaking or in any other vocation.  The 
prohibition on working at sea for children under 15 
years has been extended to cover working in family- 
owned vessels.  The age for public performance, 
endangering life or limb, is increased from 16 to 18 
years.  The age for training for performances of a 
dangerous nature is increased from 14 years to 16 
years.  A special license is required for such 
training by persons aged 16 to 18. 
-- Penal Code amendments in 1995 and 1998 deal with 
child sex workers, child pornography, cruelty and 
grievous hurt, and trafficking of children for 
sexual exploitation, illegal adoption, begging or 
trading in restricted articles.  The Penal Code 
defines a child as a person below 18 years of age, 
in line with convention 182.  The Government intends 
to expand the Penal code coverage on trafficking of 
children to cover trafficking for all types of 
employment. 
 
-- Since December 1997, Sri Lanka has been 
participating in the ILO/IPEC program.  Sri Lanka 
also participates in IPEC's Trafficking in Children- 
South Asia (TICSA) program, funded by the USDOL. 
With ILO/IPEC assistance, Sri Lanka is in the 
process of finalizing a list of occupations 
considered to be the worst forms of child labor 
existing in Sri Lanka, as called for in Article 4 of 
the Convention 182.  The list is to be released in 
September 2003.  In order to identify the nature of 
the worst forms of child labor existing in the 
country, rapid assessment studies on trafficking of 
children, child domestic workers and the commercial 
sexual exploitation of children were commissioned by 
IPEC under TICSA-phase I project.  Sri Lanka has 
already done extensive work in combating 
trafficking, which, under IPEC programs, is seen as 
the facilitating mechanism for a wide range of the 
worst forms of child labor.  Sri Lankan authorities 
believe that controlling child labor at its source 
is the most effective way of eliminating child 
labor. 
 
B) Whether the country has adequate laws and 
regulations for the implementation and enforcement 
of such measures: 
 
-- Minimum age for employment is set at 14 years, 
which is consistent with the age for completing 
school education. 
 
--  In March 2003, the Government increased the 
penalties for child labor violations through 
Employment of Women, Young Persons and Children 
(Amendment) Act No. 8 pf 2003. Penalties (fines and 
prison sentences) for violating laws governing 
employment of children below 18 years under the EWYC 
were increased from Rs 1,000 (approx. $10) and/or 
six months imprisonment to Rs 10,000 (approx $100) 
and/or 12 months imprisonment.  In addition, new 
provisions require the offenders to pay compensation 
to the victims. 
 
-- The Penal Code contains provisions which can be 
used to deal with the problem of child sex workers, 
pornography, trafficking of children for sexual 
exploitation, and illegal adoptions.  Procuring 
children for begging or acting as procurers for 
sexual intercourse and trafficking in restricted 
articles is also punishable under the Penal Code. 
Penalties include imprisonment and fines or both. 
The Police Department and the Attorney General's 
Office are responsible for prosecuting violations of 
the Penal Code. 
 
-- According to ILO sources, additional laws and 
regulations are necessary to eliminate the worst 
forms of child labor.  The National Child Protection 
Authority (NCPA) appointed a subcommittee on legal 
reforms in October 2002.  This subcommittee has 
recommended new laws governing obscene publications, 
juvenile justice, and legislation to prevent 
exposure of children to pornography through the 
Internet and sexual solicitation.  The committee is 
also striving to introduce child-friendly court 
procedures and to expand the use of video evidence 
in cases involving children. 
 
--  According to interlocutors, due to various 
governmental and NGO programs, awareness regarding 
child rights and the need to protect children from 
various forms of abuses has increased significantly. 
This is clearly shown by an increase in complaints 
received by the NCPA, which deals with all forms of 
child abuse.  The Department of Labor has observed a 
declining trend in employment of children under 14 
years.  According to sources, enforcement has 
improved, but problems still exist due to lack of 
evidence, false charges and sometimes the lack of 
birth certificates - a common problem with the rural 
poor.  Further, while most of the enforcement 
officers have been trained, enforcement agencies are 
not able to respond adequately to all of the 
complaints due to lack of infrastructure.  Also, 
because of the hidden nature of the child labor problem 
within the informal sectors, enforcement is weak. 
According to the Department of Labor, during routine 
labor department inspections, business premises are 
checked for adherence to labor laws applying to 
children below 18 years.  Under TICSA - Phase II 
which is to begin later this year, judicial follow 
up will be improved to improve law enforcement.  US 
Department of State and Department of Justice 
recently approved grants to GSL agencies to enhance 
investigative techniques, civil and police 
coordination for child trafficking cases and 
assistance in court management. 
 
C)  Whether the country has established formal 
institutional mechanisms to investigate and address 
complaints relating to allegations of the worst 
forms of child labor: 
 
--  Institutional mechanisms are in place to 
investigate complaints regarding child labor.  The 
Government, with the assistance of other 
organizations, is continuing to strengthen these 
mechanisms. 
 
--  NCPA:  The National Child Protection Authority 
(NCPA) is the national focal point for implementing 
ILO Convention 182.  NCPA legislation defines a 
child as a person under 18, in line with Convention 
182.  The basic goal of the NCPA is the elimination 
of child abuse in all its forms and manifestations. 
The NCPA operates in four main areas: protection, 
advocacy, rehabilitation, and legal reforms.  In 
2001, the NCPA established an anti-trafficking unit. 
It carried out 160 investigations between May 2001 
and December 2002.  NCPA also has a cyber watch unit 
that scans the Internet for pedophiles soliciting 
local children.  Its goal is to protect children 
from child pornography and other forms of commercial 
sexual exploitation.  This unit has been successful 
in tracking down pedophiles.  In October 2002, the 
Government established a special police unit at the 
NCPA to combat child abuse.  The unit is manned by a 
team of 16 trained police personnel, and works 
closely with NCPA on investigation and prosecution. 
NCPA received 276 complaints of child abuse in 2001 
and 386 complaints in 2002.  NCPA has established 11 
district child protection committees.  NCPA reports 
directly to the President.  Direct government 
funding for NCPA has been constrained due to a lack 
of resources and, reportedly, because of political 
differences between the President and the UNF 
government. 
 
--  In addition to the NCPA, Departments of Police 
(through Women and Children's Desks at all police 
stations and hotline), Labor, Probation and 
Childcare, and District Child Protection committees 
all receive complaints of child labor.  The labor 
department and the probation department have the 
powers to prosecute offenders in the magistrate 
courts under EWYC.  The police department and the 
attorney general's department prosecute violations 
of the Penal Code.  Child prostitution and 
pornography, trafficking of children for sexual 
exploitation, illegal adoptions, and procuring 
children for begging or acting as procurers for 
sexual exploitation and trafficking in restricted 
articles are all punishable offences under the penal 
code. 
 
--Statistics: 
 
Table 1 
 
The following table presents data on child labor 
complaints made to various government departments. 
 
Year     Dept of Labor(a)  NCPA(c) Police 
2000         194            184  391 
2001         255            276        23 
2002         161            386         0 
2003    102(b)         179(d)      7(e) 
 
a) Employment of Children below 14 years. In years 
2000, 2001, 2002, and 2003, the number of cases 
prosecuted, respectively, was 7, 42, 26 and 23. 
nd 23. 
About 95 percent of the prosecutions result in 
convictions.  During these years, 127, 141, 72 and 
14 complaints were withdrawn due to lack of evidence 
or false information. 
b) From January to July, 2003 
c) NCPA numbers reflect all forms of abuse against 
children below 18 years.  Most of the complaints are 
on sexual abuse.  In 2002, NCPA received 46 
complaints on child labor, 198 on sexual abuse, and 
84 on physical abuse. 
d) From January to May, 2003 
e) From January to June, 2003 
Sources:  Women's and Children's Division of the 
Department of Labor, Statistics Division of the NCPA 
and the Women's and Children's Division of the 
Department of Police. 
 
-- The NCPA and the Labor Department continue to 
carry out training programs for judicial, labor, 
medical, education, probation and police officers 
dealing with child labor and for media personnel, 
with the assistance of the ILO/IPEC, UNICEF, Save 
the Children UK and local NGOs. 
 
-- During 2002, the Labor Department trained 790 
school principals, teachers, and religious leaders 
on the elimination of child labor.  The Department 
also conducted three public awareness seminars 
during the year.  In 2003, the Labor Department 
plans to train over 600 people including police 
officers, probation officers, and labor officers 
charged with investigating child labor, under the 
IPEC program.  It also hopes to conduct a program 
for eliminating child domestic workers with ILO 
assistance. 
 
-- The NCPA strives to raise awareness of child 
rights through poster campaigns and media.  Some of 
its recent plans to broadcast programs have been 
hampered by the lack of funds.  The NCPA has 
commenced a pilot project to establish Child 
Protection Committees (CPC) in schools.  These 
committees, comprised of parents and students, are 
responsible for creating awareness of child abuse, 
child rights and child labor and attempt to 
strengthen child-family-school interactions. 
Representatives from the NCPA attend CPC meetings, 
present lectures and investigate complaints 
received.  Within the next two years, this project 
is to be expanded to schools across the country. 
 
-- Other NCPA programs:  Induction training program 
on psycho-social counseling for newly recruited 
child care officers funded by ILO/IPEC; 
Multidisciplinary workshop for child care 
professionals; Skills development workshops for 
members of district child protection committees 
funded by ILO/IPEC; NCPA also provided continues 
training to police officers assigned to Children's 
Bureau as well as other professionals working in the 
field.  The training is designed to increase the 
skills required to ensure admissibility of taped 
testimonies into court and skills for communicating 
with children. 
D) Whether social programs exist in the country to 
prevent the engagement of children in the worst 
forms of child labor and assist in the removal of 
children engaged in worst forms of child labor: 
 
-- Education:  The Government of Sri Lanka 
demonstrates a strong commitment to education and 
strives to eliminate child labor through education. 
The law requires children between ages of 5 and 14 
to attend school.  According to Regaining Sri Lanka, 
a Government policy document prepared in 2002, net 
primary enrollment rate (grades 1 to 9) is about 85- 
90 percent.  The government continues to support 
programs which promote children's access to primary 
schooling as well as quality and relevance of 
schooling.  The government provides universal free 
education from primary school to university level. 
School text-books are provided free of charge to all 
school children following local educational 
curricular.  School uniform material is provided for 
needy students and a school feeding program provides 
one meal daily for 20,800 first year students in 
areas having very high rates of malnutrition. 
 
Further, scholarships are provided for gifted 
students from needy families.  Health care, 
including immunization, is also free.  In order to 
improve the quality and relevance of education, the 
Ministry of Education began a 6-year primary 
education development plan in 1999, with World Bank 
assistance.  It contained extensive curriculum 
reforms in Grade 1 through Grade 5, which were 
implemented on a staggered basis from 1999-2003. 
All primary school teachers were trained under the 
project.  All parents of grade one students are 
briefed on the importance of education.  These 
measures have helped to promote enrollment and have 
shown a marked decline in dropout rates in the 
primary cycle (through grade 5).  According to the 
Education Ministry, the dropout rate is around 0.1 
percent in the primary cycle.  Secondary education 
reforms are also underway, funded by the World Bank 
and the Asian Development Bank.  Despite budgetary 
constraints, the Government has increased funding 
for education in 2002 and 2003. 
 
-- Government spending on education (RS million): 
 
Year          Total Education     Primary Education 
2000          30,929                 NA 
2001          28,286                 8,943 
2002          37,209                 9,962 
2003    42,045  NA 
Exchange rate:  US 1= Rs 75.78(2000), Rs 
89.36(2001),  Rs 95.66 (2002), Rs 96.00 (2003). 
Sources: Ministry of Finance estimates provided to 
the Embassy and Central Bank Annual Report 2002. 
 
 
-- World Bank and the Asian Development Bank are the 
major donors assisting government efforts to 
modernize education.  Ongoing World Bank IDA loans 
provide $70 million for general education (with 55% 
of funding allocated for primary education) and $64 
million for teacher education and teacher 
deployment.  In addition, the IDA pipeline includes 
$50 million for general education and $30 million 
for undergraduate education in the next few years. 
ADB has provided $48 million for secondary education 
modernization.  Proposed ADB loans include $50 
million for post-secondary education modernization 
(distance learning) and $40 million for secondary 
dary 
education computerization. 
 
-- The Government is continuing to sponsor non- 
formal education units to draw non-school going 
children to the education system.  With the rapid 
decrease in school dropout rates in primary classes, 
some of the non-formal education units are being 
upgraded from literacy centers to functional 
literacy centers in order to provide job-oriented 
skills to older students. 
 
-- UNICEF supports non-formal education centers run 
by the Education Ministry and functional training 
centers run by NGOs.  In early 2003, UNICEF 
conducted two media campaigns on education, focused 
on compulsory education for children below 14 years 
and prevention of sexual and physical abuse of 
children.  The latter included the issue of child 
domestics.  UNICEF also sponsors a pilot program on 
the child-friendly school environment concept in 124 
schools in two districts.  This program focuses on 
reforms, quality of education, improving access to 
education, sanitation, health, protection and child- 
centered learning. 
 
-- The NCPA also assists children affected by the 
worst forms of child labor.  It has established a 
rehabilitation center and offers vocational training 
and counseling for victims of trafficking.  The NCPA 
also hopes to launch community empowerment and 
family empowerment programs to curb trafficking and 
the worst forms of child labor.  ILO/IPEC and UNICEF 
are working with Don Bosco Center, a local NGO in 
conducting remedial classes for children at risk in 
areas bordering conflict zones.  ILO/IPEC also runs 
similar programs together with trade unions on the 
plantations. 
 
-- The plantation sector has been identified by 
various studies as an area of origination for 
trafficked children, especially for domestic 
employment.  Under ILO/IPEC, 30 social mobilizers in 
the plantation areas have been trained to campaign 
against child trafficking and raise trade union 
awareness.  They are expected to reach 3000 
plantation families. 
 
-- Children in north and east: Sri Lanka continues 
to face problems with recruitment of children for 
armed conflict by the Liberation Tigers of Tamil 
Ealam (LTTE).  The LTTE uses child soldiers and 
recruits children, sometimes forcibly, for use in 
battlefield support and in combat.  In May 1998, the 
LTTE gave assurances to the Special Representative 
of the UN Secretary General for Children in armed 
combat, that it would not recruit children under the 
age of 17.  The LTTE has not honored this pledge. 
With the announcement of a cease-fire in February 
2002, there is considerable international and 
domestic pressure on the LTTE to stop recruiting 
child soldiers and to release child soldiers to 
their parents.  As of August 2003, credible reports of child 
conscription by the LTTE continue. 
 
-- The peace negotiations have given rise to new 
challenges and opportunities for the protection of 
children affected by conflict as well as child 
soldiers recruited by the LTTE.  It has given access 
to government, international organizations and NGOs 
to previously unaccessible areas affected by war. 
UNICEF is scaling up its response to address the 
rights of children affected by armed conflict and to 
meet the immediate needs of returning internally 
displaced persons.  UNICEF has focused its strategic 
response on education, water and sanitation and 
child protection.  In collaboration with WHO, UNICEF 
will also support maternal and child health recovery 
programs in areas with a high number of returnees. 
 
-- In April 2003, UNICEF facilitated a workshop 
between the Government of Sri Lanka, the LTTE, and 
local and international organizations to agree on a 
plan of action to address the needs of children 
affected by war.  The plan aims to restore and 
ensure normalcy to these children, including child 
recruits.  Child rights training to LTTE, Government 
armed forces and communities is one component of the 
plan.  It will also provide for the release and re- 
integration of child soldiers with UNICEF 
assistance.  UNICEF is supporting transit centers 
for child recruits released by the LTTE. 
 
-- Sexual exploitation of children, including 
commercial sexual exploitation, has come into focus 
recently.  In 2002, NCPA received 198 complaints on 
child sexual abuse.  A further 84 cases involved 
physical abuse.  According to UNICEF and NCPA, most 
sexual exploitation and abuse occurs within the 
privacy of family.  Sexual activity is often seen as 
a private matter, which makes communities reluctant 
to act and intervene.  UNICEF and other NGOs are 
working actively to raise awareness of how to 
prevent sexual exploitation of children.  They are 
also engaged in rehabilitating and counseling 
children at risk.  To end the tolerance of sexual 
abuse, UNICEF acts to improve community attitudes, 
customs and practices towards children and their 
rights via TV, radio and newspapers. 
 
E) Whether the country has a comprehensive policy 
for the elimination of the worst forms of child 
labor: 
 
-- The Government has ratified ILO convention 182 on 
the elimination of worst forms of child labor.  As a 
first step, the NCPA has adopted a comprehensive 
national policy and a national action plan on 
elimination of trafficking of children for 
exploitative employment.  It hopes to combat 
trafficking of children for exploitative employment 
over a period of 10 years.  The plan is being 
implemented through various agencies. 
 
-- The NCPA and other stakeholders with ILO/IPEC 
assistance is in the process of identifying the 
worst forms of child labor existing in Sri Lanka. 
In order to determine the nature of worst forms of 
child labor, rapid assessment research was completed 
on child trafficking, commercial sexual exploitation 
and child domestic workers under TICSA project. 
Stakeholder consultations to draft the national 
policy on worst forms of child labor have also 
commenced.  The draft plan will be discussed at a 
workshop later this year. 
 
F) Whether the country is making continual progress 
toward eliminating the worst forms of child labor: 
 
-- Sri Lanka is one of few developing countries that 
does not employ children in the formal sector. 
There are no reports that children are employed in 
the Export Processing Zones, the garment industry, 
or any other export industry, although children 
sometimes are employed during harvest periods in the 
plantation sectors and in non-plantation 
agriculture.  Although there is much concern about 
the need to eliminate child labor, child labor still 
exists in the informal sector, and the magnitude of 
the problem cannot be fully assessed, as much of it 
remains hidden.  According to a child activity 
survey carried out in 1998 and 1999 by the 
Department of Census, the estimated child population 
of the years 5 to 14 years was 3.2 million in 1999. 
The survey found that almost 11,000 children of this 
age group were working full time and another 15,000 
were engaged in both economic activity and 
housekeeping without attending school.  This 
represented about .8 percent of the child 
population.  The survey found 450,000 children 
employed part-time by their families, primarily in 
seasonal agricultural work, while attending school. 
These statistics have not been updated since then. 
 
-- Some Sri Lankan children are trafficked 
internally to work as domestics and for sexual 
exploitation. Many NGOs attribute the problem of 
child exploitation to weaknesses in law enforcement. 
According to the child activity survey, over 19,000 
children below 18 years worked as child domestics, 
although this situation is not regulated or 
documented. A 1997 study reported that child 
domestic servants are employed in 8.6 percent of 
homes in the Southern Province.  The same study 
reported that child laborers in the domestic service 
sector often are deprived of an education.  Many 
child domestics reportedly are subjected to 
physical, sexual, and emotional abuse, and work long 
hours.  Consequently, there is discussion currently 
among child right activists regarding inclusion of 
domestic service in the list of worst forms of child 
labor existing in Sri Lanka.  Regular employment of 
children also occurs in the informal sector and in 
family enterprises such as family farms, crafts, 
small trade establishments, restaurants, and repair 
shops.  Government inspections have been unable to 
eliminate these forms of child labor, although an 
awareness campaign coupled with the establishment of 
hot lines for reporting child labor has led to an 
increase in complaints regarding child labor 
violations.  According to the Department of Labor, 
employment of children below 14 years is on a 
declining trend. 
 
-- Children are also exploited for sex activities. 
Protecting Environment and Children Everywhere 
(PEACE), a domestic NGO engaged in combating 
hazardous child work, estimated that in 2003 there 
were 5,000-6,000 children between the ages of 8 and 
15 years who were engaged as sex workers.  About 70% 
of them are boys.  They belong to socially deprived 
communities living in poverty, and usually live in 
urban slums.  Overall, awareness, reporting and 
prosecution of child sexual abuse cases have 
increased according to PEACE.  PEACE also reports 
that protection given to children has expanded due 
to increased awareness.  Although the country has a 
reputation as a destination for foreign pedophiles, 
most clients are locals.  The government has 
occasionally prosecuted foreign pedophiles, and 
there have been some convictions; however there were 
no such convictions during 2002.  Arrests of 
foreigners for child abuse were 4 in 1999, 4 in 
2000, 2 in 2001 0 in 2002, and there is one ongoing 
case in 2003.  No information was given about 
convictions resulting from these arrests.  There was 
evidence of continuing, but reduced, international 
interest in Sri Lankan children for the sex trade as 
evidenced in tourism by foreign pedophiles, and in 
Internet sites featuring child pornography involving 
the country's children. 
 
-- The LTTE continued to use high school-age 
children for work as cooks, messengers, and clerks. 
In some cases, the children reportedly help build 
fortifications.  Despite repeated claims to the 
contrary by the LTTE, there were credible reports 
that the LTTE continued to forcibly recruit children 
throughout 2002 and 2003.  The government, together 
with UNICEF and other international donors, is 
continuing to press for the release of child 
recruits. 
 
3. As requested, post will send via diplomatic pouch 
to DOL/ILAB Tina Faulkner the following supporting 
document: 
1.  Employment of Women, Young Persons and Children 
(Amendment) Act, No 8 of 2003. 
2.  Report on trafficking in children for 
exploitative employment including sexual 
exploitation published by the ILO/IPEC project. 
Contains national plan of action to combat 
trafficking of children for exploitative employment 
in Sri Lanka. 
3.  The Commercial Sexual Exploitation of Children: 
A Rapid Assessment- Sri Lanka published by the ILO 
ENTWISTLE