US embassy cable - 02COLOMBO1856

UNCLAS SECTION 01 OF 03 COLOMBO 001856 
 
SIPDIS 
 
STATE FOR DRL/L GEORGE WHITE 
DOL FOR ILAB TINA FAULKNER 
 
USDOC FOR JULIO FERNANDEZ 
 
E.O. 12958:  N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, CE, USAID, Human Rights 
SUBJECT:  GSP CHILD LABOR UPDATE FOR SRI LANKA 
 
Ref:  (A) State 168607 
      (B) 01 Colombo 01719 
      (C) 00 Colombo 02105 
 
1.  Refs (B) and (C) contain comprehensive information on 
child labor in Sri Lanka.  Below is an update. 
 
2.  Responses keyed to Ref A. 
 
(a) Whether the country has adequate laws and regulations 
proscribing 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. 
 
Minimum age for employment is set at 14 years, which is 
consistent with the age for completing school education. 
Laws pertaining to employment of young persons between 14 
and 18 regulate health and safety of workers in this age 
group.  There is no child labor or exploitation of children 
within the formal or organized sector in Sri Lanka. 
 
The Government has proposed to increase the penalties for 
violation of child labor laws. 
 
Sri Lanka participates in an IPEC sub-regional program to 
combat the trafficking of children for exploitative 
employment.  The National Child Protection Authority, with 
the assistance of the IPEC through a broad consultative 
process has designed a national policy and a national plan 
of action (NPA) to combat trafficking of children, the 
facilitating mechanism of 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.  The NPA has been integrated 
into the NCPA's national plan of action, but Cabinet 
approval has been delayed due to the current tensions 
between the President and the Cabinet of Ministers. 
Nonetheless, the Government of Sri Lanka actively supports 
the IPEC's anti trafficking programs. 
 
Sri Lanka has not yet identified worst forms of child labor 
existing in Sri Lanka under Section 4 of the Convention 182. 
ILO/IPEC together with GSL has scheduled a strategic 
planning workshop in late October 2002 to identify the worst 
forms of child labor existing in Sri Lanka.  To assist this 
process, a rapid assessment research is underway in four 
selected geographical areas to provide insights into child 
trafficking occurring in vulnerable areas.  The authorities 
also hope to design a program to rescue, rehabilitate and re- 
integrate children engaged in the worst forms of child 
labor.  They will also design a parallel program for 
prevention of the worst forms of 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. 
Penal code amendments in 1995 and 1998 - which deal with 
child sex workers, pornography, trafficking of children for 
sexual exploitation, employing of children to traffic in 
restricted articles and causing cruelty and grievous hurt to 
children - pre-date the ratification of ILO convention 182. 
The Penal Code defines a child as a person under 18 years of 
age in line with convention 182.  According to ILO sources, 
additional laws and regulations are necessary to eliminate 
the worst forms of child labor.  The Government has been 
requested to amend the Penal Code, defense forces laws, and 
the evidence ordinance to address these issues. 
 
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 (ref C).  The Government, 
with the assistance of other organizations, is continuing to 
strengthen these mechanisms.  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.  In 
2001, NCPA established an anti trafficking unit that is 
working to combat trafficking of children below 14, 
especially in the areas of domestic labor and the sex 
industry, by taking action against those who maintain the 
supply chain.  On October 1, 2002 the Government established 
a special unit at the NCPA to combat child abuse.  The unit 
is manned by a team of 15 trained police personnel.  It will 
work closely with NCPA on investigation, monitoring and 
prosecution of child workers.  The NCPA also has a cyber 
watch unit that scans websites for advertisements soliciting 
local children.  In addition, the NCPA and the Labor 
Department have continued to carry out various training 
programs for judicial, labor, probation and police officers 
dealing with child labor and for media personnel with the 
assistance of the ILO, UNICEF, Save the Children UK and 
local NGOs.  The Labor Department trained 300 officers in 
2001 under ILO/IPEC program. In 2002, it hopes to train an 
additional 300. 
 
There has been an increase in prosecutions regarding child 
labor violations by the Labor Department.  The Labor 
Department reported 194 complaints regarding child labor in 
2000, with 79 of these cases withdrawn due to lack of 
evidence or faulty complaints.  The Department prosecuted 7 
cases in 2000.  In the first eight months of 2001, the Labor 
Department reported 199 complaints, with 48 cases being 
withdrawn and 40 prosecuted.  (update) 
 
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: 
 
The Government hopes to eliminate child labor through 
promotion of compulsory education through 14 years.   The 
Government is continuing to sponsor non-formal education 
units to draw non-school going children to the education 
system.  A survey conducted in 1997/98 revealed that there 
were about 61,000 non-school going children between the ages 
of 5-14 years.  This constituted 1.4% of children in that 
age group. 
 
NCPA has drawn its attention to assist children engaged in 
worst forms of child labor.  It has established a 
rehabilitation center and offers vocational training and 
counseling.  NCPA also hopes to launch community empowerment 
and family empowerment programs to curb trafficking and 
worst forms of child labor. 
 
ILO is engaged in raising awareness of Trade Unions and 
community leaders about the ILO conventions dealing with the 
worst forms of child labor. 
 
UNICEF and other NGOs are working actively to raise 
awareness of how to prevent sexual exploitation of children. 
These programs are targeted towards both children and their 
parents in high-risk areas such as beach resorts frequented 
by tourists.  According to recent reports, child 
prostitution is falling in Sri Lanka, at least in certain 
areas.  The women and child protection unit of the Police 
Department has said that open soliciting of children for sex 
has declined.  The decline in child prostitution has been 
attributed to awareness and publicity given to pedophile 
cases. 
 
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.  The Government 
has designed a comprehensive policy and a national action 
plan on elimination of trafficking of children for 
exploitative employment, which has been integrated into the 
NCPA national plan of action.  It has not been presented to 
the Cabinet yet.  Post will send the final draft of the 
National Policy and the National Plan of Action to 
Washington agencies. 
 
F) Whether the country is making continual progress toward 
eliminating the worst forms of child labor: 
While efforts are being taken to combat child labor and 
child trafficking, Sri Lanka continued to face a mounting 
problem with recruitment of school children for armed 
conflict by the Liberation Tigers of Tamil Ealam (LTTE) 
through 2001 and early 2002.  Reports indicated that some 
children as young as 12 years were being abducted and 
recruited by the LTTE.  With the announcement of a cease- 
fire in February 2002, and peace talks between the LTTE and 
GSL in September 2002, there is considerable international 
and domestic pressure on the LTTE to stop recruiting child 
soldiers and to release child soldiers to their parents. 
There are reports that this has begun to take place. 
 
WILLS