US embassy cable - 05COLOMBO1562

UNCLAS SECTION 01 OF 04 COLOMBO 001562 
 
SIPDIS 
 
DOL/ILAB FOR TINA MCCARTER 
 
DRL/IL FOR LAUREN HOLT 
 
STATE FOR SA/INS 
 
MCC FOR S GROFF, D NASSIRY AND E BURKE 
 
GENEVA PASS USTR 
 
E.O 12958: N/A 
TAGS: ECON, ELAB, EIND, ETRD, PHUM, SOCI, EAID, CE, Human Rights 
SUBJECT:  Sri Lanka GSP Child Labor Update 
 
REF: A) STATE 143552 B) 04 COLOMBO 001396 
 
C) COLOMBO 001436 
 
1.  PER REF A, BELOW IS AN UPDATE OF WORST FORMS OF 
CHILD LABOR INFORMATION.  THIS REPORT PROVIDES NEW 
DEVELOPMENTS SINCE THE SUBMISSION OF THE LAST UPDATE IN 
2004 (REF B).  A DETAILED REPORT WAS SUBMITTED IN 2003 
(REF C). 
 
 
A) LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF 
CHILD LABOR. 
 
2.  THE GOVERNMENT OF SRI LANKA RATIFIED ILO CONVENTION 
182 ON THE WORST FORMS OF CHILD LABOR IN MARCH 2001. 
LAWS PROSCRIBING WORST FORMS OF CHILD LABOR HAVE NOT 
BEEN FORMULATED YET.  IN 2004, SRI LANKA COMPILED A LIST 
OF FORTY NINE OCCUPATIONS CONSIDERED TO BE WORST FORMS 
OF CHILD LABOR EXISTING IN SRI LANKA.  THE LIST WAS 
DEVELOPED BY A NATIONAL STEERING COMMITTEE AND ADOPTED 
BY THE NATIONAL LABOR ADVISORY COUNCIL HEADED BY THE 
MINISTER OF LABOR.  THE LIST WILL BE GIVEN LEGAL EFFECT 
UNDER THE EXISTING EMPLOYMENT OF WOMEN, YOUNG PERSONS 
AND CHILDREN ACT (EWYPC).  HOWEVER, SINCE THERE ARE NO 
ENABLING PROVISIONS IN THE ACT TO MAKE REGULATIONS TO 
PROHIBIT HAZARDOUS LABOR, THE ACT NEEDS TO BE AMENDED. 
AS MENTIONED IN REFS B AND C, IN THE ABSENCE OF LAWS TO 
PROHIBIT WORST FORMS OF CHILD LABOR, EXISTING LAWS 
PROTECT CHILDREN FROM MANY FORMS OF HAZARDOUS LABOR AND 
ABUSE.  IN ADDITION, THE PARLIAMENT PASSED A LAW TO 
PREVENT AND COMBAT TRAFFICKING OF WOMEN AND CHILDREN FOR 
PROSTITUTION IN AUGUST 2005.  THE NEW LAW MEETS SRI 
LANKA'S OBLIGATIONS UNDER THE SAARC CONVENTION ON 
PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND 
CHILDREN FOR PROSTITUTION.  THIS LAW, HOWEVER, WILL ALSO 
REQUIRE IMPLEMENTING REGULATIONS BEFORE IT WILL TAKE 
EFFECT. 
 
B) REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT OF 
PROSCRIPTIONS AGAINST WORST FORMS OF CHILD LABOR 
 
3.  ENFORCEMENT STATISTICS:  THE FOLLOWING TABLE 
PRESENTS DATA ON CHILD LABOR COMPLAINTS MADE TO 
GOVERNMENT AGENCIES. 
 
YEAR      DEPT OF LABOR(A)    NCPA(C) 
2000           194            184 
2001           255            276 
2002           161            386 
2003           203            179 
2004           147            409(D) 
2005(B)        63              NA 
 
(A) EMPLOYMENT OF CHILDREN BELOW 14 YEARS; 7, 42, 26, 
44, 48 AND 20 CASES WERE PROSECUTED IN 2000, 2001, 2002, 
2003, 2004 AND 2005 RESPECTIVELY. 
 
(B) DATA FOR JANUARY TO JUNE 2005. 
 
(C) THE NATIONAL CHILD PROTECTION AUTHORITY (NCPA) 
RECEIVES COMPLAINTS ON ALL FORMS OF ABUSE AGAINST 
CHILDREN BELOW 18 YEARS.  MOST OF THE COMPLAINTS CONCERN 
SEXUAL ABUSE, INCLUDING CHILD PROSTITUTION. 
 
(D) IN 2004, NCPA RECEIVED 29 COMPLAINTS ABOUT CHILD 
LABOR AND 260 ABOUT SEXUAL ABUSE. 
 
-- The National Child Protection Agency's cyber watch 
unit continues to combat child abuse (child pornography 
and pedophilia) using the internet.  The unit has also 
been able to crack down on foreign pedophiles operating 
in Sri Lanka.  Statistics pertaining to cyber watch unit 
activities are below.  Data within parenthesis indicate 
the number of foreign suspects. 
 
--        No of investigations          No of arrests 
2002      45 (17)                       7 (4) 
2003      40 (10)                       2 (0) 
2004      25 (7)                        2 (2) 
2005(a)   34 (10)                       2 (0) 
 
(a) January to July 
 
Source:  NCPA 
C) SOCIAL PROGRAMS TO PREVENT AND WITHDRAW CHILDREN FROM 
THE WORST FORMS OF CHILD LABOR. 
4.  THE GOVERNMENT OF SRI LANKA CONTINUES TO DEMONSTRATE 
A STRONG COMMITMENT TO EDUCATION, AND STRIVES TO 
ELIMINATE CHILD LABOR THROUGH EDUCATION.  THERE IS 
STRONG COMMITMENT TO CHILD PROTECTION AND EDUCATION AT 
THE HIGHEST LEVEL OF THE GOVERNMENT. THE (EXECUTIVE) 
PRESIDENT IS ALSO THE MINISTER OF EDUCATION.  IN 
ADDITION, THE NATIONAL CHILD PROTECTION AUTHORITY 
(NCPA), THE APEX BODY CHARGED WITH CHILD PROTECTION, 
COMES UNDER THE PRESIDENT. 
 
5.  THE MAIN POLICY OBJECTIVES OF THE EDUCATION SECTOR 
ARE TO PROVIDE UNIVERSAL ACCESS TO PRIMARY AND SECONDARY 
EDUCATION AND TO PROMOTE FULL ENROLLMENT AND COMPLETION 
OF THE COMPULSORY EDUCATION CYCLE (5 TO 14 YEARS). 
ACCORDING TO THE EDUCATION MINISTRY, GRADE ONE 
ENROLLMENT WAS 98% AND THE PRIMARY COMPLETION RATE WAS 
95% IN 2004.  THE MINISTRY ESTIMATES THAT ABOUT 16 TO 
17% OF CHILDREN IN THE AGE GROUP 10 TO 14 ARE OUT OF 
SCHOOL.  THE MINISTRY HAS DESIGNED AN EDUCATION SECTOR 
DEVELOPMENT PROGRAM, WITH WORLD BANK ASSISTANCE, TO 
ENSURE 100 PERCENT ATTENDANCE OF CHILDREN 10-14 WITHIN A 
FOUR YEAR PERIOD FROM 2006-2010.  IN 2005, PRIMARY 
EDUCATION EXPENDITURE WAS ABOUT 30% OF TOTAL GOVERNMENT 
BUDGET FOR EDUCATION (PRIMARY TO UNIVERSITY).  THE 
GOVERNMENT CONTINUES TO PROVIDE UNIVERSAL FREE EDUCATION 
(PRIMARY AND SECONDARY), FREE HEALTH CARE, FREE SCHOOL 
TEXT BOOKS AND FREE SCHOOL UNIFORMS TO ENCOURAGE 
SCHOOLING.  THE GOVERNMENT ALSO SUPPORTS A HOST OF OTHER 
PROGRAMS TO PROMOTE ACCESS TO PRIMARY EDUCATION AND 
ENHANCE THE QUALITY AND RELEVANCE OF EDUCATION.  THE 
GOVERNMENT CONTINUES TO MONITOR THE ENFORCEMENT OF THE 
COMPULSORY EDUCATION LAW THROUGH SCHOOL ATTENDANCE 
COMMITTEES.  IN 2004, THERE WERE 8,400 SCHOOL ATTENDANCE 
COMMITTEES IN SCHOOLS IN VULNERABLE COMMUNITIES SUCH AS 
URBAN SLUMS, FISHING COMMUNITIES, REMOTE VILLAGES, 
PLANTATIONS AND CONFLICT AREAS.  TO FURTHER ENCOURAGE 
SCHOOL ENROLLMENT, THE GOVERNMENT CONDUCTS A SCHOOL 
FEEDING PROGRAM FOR FIRST GRADERS IN OVER 3,000 
DISADVANTAGED SCHOOLS.  THERE ARE OTHER PROGRAMS TO 
DISCOURAGE CHILD LABOR.  THE GOVERNMENT HAS ESTABLISHED 
SIX SHELTERS FOR STREET CHILDREN, WITH FACILITIES FOR 
SCHOOLING.  THERE ARE 180 FUNCTIONAL LITERACY CENTERS 
CATERING TO ABOUT 7,000 CHILDREN.  ANOTHER PROGRAM 
TARGETS YOUNG CHILDREN WHO ARE NOT IN SCHOOL.  UNDER 
THIS PROGRAM, SUCH CHILDREN ARE GIVEN SPECIAL TRAINING 
AND ADMITTED TO SCHOOLS.  THE CHILD FRIENDLY SCHOOLS 
PROGRAM AIMS AT KEEPING DROPOUTS IN SCHOOL. 
 
6.  CHILDREN OF PLANTATION WORKERS ARE CONSIDERED HIGHLY 
VULNERABLE TO BECOMING CHILD LABOR VICTIMS.  THE 
EDUCATION MINISTRY HAS RECENTLY SET UP A COMMITTEE TO 
DESIGN AN ACTION PLAN TO IMPROVE EDUCATION IN THE 
PLANTATION SECTOR.  THE GOVERNMENT HAS ALSO TAKEN ACTION 
TO RECRUIT 3,000 TEACHERS TO PLANTATIONS, FILLING ALL 
TEACHER VACANCIES IN THESE SCHOOLS.  ILO/IPEC IS WORKING 
CLOSELY IN THE PLANTATIONS RUNNING REMEDIAL CLASSES FOR 
CHILDREN WITH LEARNING DISABILITIES AND POTENTIAL 
DROPOUTS.  ILO/IPEC IS ALSO WORKING WITH TRADE UNIONS 
AND EMPLOYERS IN SUPPORTING WORKERS TO SEND THEIR 
CHILDREN TO SCHOOL.  IPEC IS ALSO SPONSORING PLANTATION 
INDUSTRY-RELATED VOCATIONAL TRAINING TO DROPOUTS IN 
ORDER TO PREVENT THEM LEAVING THE PLANTATIONS FOR 
EXPLOITATIVE EMPLOYMENT. 
 
D) POLICY AIMED AT THE ELIMINATION OF THE WORST FORMS OF 
CHILD LABOR 
 
7.  THE GOVERNMENT OF SRI LANKA LAUNCHED A "NATIONAL 
PLAN OF ACTION FOR THE CHILDREN OF SRI LANKA" IN 
SEPTEMBER 2004.  THE PLAN LOOKS AT THE OVERALL 
DEVELOPMENT AND PROTECTION OF CHILDREN.  IT AIMS TO 
REDUCE THE INCIDENCE OF CHILD LABOR, THE WORST FORMS OF 
CHILD LABOR, AND THE TRAFFICKING OF CHILDREN.  THE 
ACTION PLAN CONTAINS SEVERAL STRATEGIES TO STRENGTHEN 
THE LEGAL FRAMEWORK, ENFORCEMENT AND DATA COLLECTION, 
INCREASE VOCATIONAL TRAINING OPPORTUNITIES FOR SECONDARY 
SCHOOL STUDENTS AND INCREASE PUBLIC AWARENESS OF CHILD 
LABOR. 
 
8.  THE NATIONAL CHILD PROTECTION AUTHORITY (NCPA) 
CONTINUES TO PLAY AN IMPORTANT ROLE IN CHILD PROTECTION 
AND IS THE CENTRAL COORDINATION BODY. 
 
9.  IN 2005, THE SRI LANKA DEPARTMENT OF LABOR, THROUGH 
ITS DISTRICT OFFICES, WILL CONDUCT NEARLY 200 TRAINING 
PROGRAMS FOR DEPARTMENT OF LABOR OFFICIALS, DEPARTMENT 
OF PROBATION AND CHILD CARE OFFICIALS, THE POLICE AND 
OTHER SOCIAL PARTNERS TO STRENGTHEN THEIR CAPACITY TO 
PLAY A PROACTIVE ROLE IN THE ELIMINATION OF CHILD LABOR. 
THE TRAINING PROGRAM WAS INITIATED BY ILO/IPEC IN 2003. 
THESE PROGRAMS ARE NOW FUNDED BY THE GOVERNMENT UNDER 
THE NATIONAL PLAN OF ACTION FOR THE CHILDREN. 
 
E) PROGRESS TOWARD ELIMINATING THE WORST FORMS OF CHILD 
LABOR 
 
10.  SRI LANKA CONTINUES TO SHOW ITS COMMITMENT TO 
PROTECTING CHILDREN AND ELIMINATING CHILD LABOR. 
ACCORDING TO INTERLOCUTORS, DUE TO VARIOUS GOVERNMENTAL 
AND NGO PROGRAMS, AWARENESS REGARDING CHILD LABOR HAS 
GREATLY INCREASED.  NEVERTHELESS, PRIMARILY DUE TO THE 
INCREASING COST OF LIVING AND POVERTY, CHILD LABOR 
CONTINUES.  HOWEVER, NO RECENT STATISTICS ARE AVAILABLE 
ON THE CHILD LABOR SITUATION.  THE GOVERNMENT HAS NOT 
UPDATED ITS CHILD ACTIVITY REPORT PUBLISHED IN 1999. 
CHILD LABOR IS NOT PREVALENT IN THE FORMAL SECTOR. 
DESPITE LEGISLATION COVERING MINIMUM AGE FOR EMPLOYMENT 
AND COMPULSORY EDUCATION, WHICH PROHIBITS THE EMPLOYMENT 
OF CHILDREN 14 AND BELOW, CHILD LABOR OCCURS IN THE 
INFORMAL SECTOR SUCH AS IN SMALL EATING HOUSES, SMALL 
SHOPS, SMALL SCALE INDUSTRIES, IN AGRICULTURE AND AS 
DOMESTIC LABOR.  THE GOVERNMENT IS TRYING TO MINIMIZE 
CHILD LABOR THROUGH A VARIETY OF PROGRAMS, AND WORKS 
WITH UNICEF, ILO/IPEC AND LOCAL AND INTERNATIONAL NGO'S 
SUCH AS SAVE THE CHILDREN. 
 
11.  CHILD SOLDIERING IS THE MOST PRESSING FORM OF 
HAZARDOUS CHILD LABOR EXISTING IN SRI LANKA.  DESPITE 
THE ANNOUNCEMENT OF A CEASEFIRE IN 2002, THE LIBERATION 
TIGERS OF TAMIL EALAM (LTTE) CONTINUES TO USE CHILD 
SOLDIERS AND RECRUITS CHILDREN, SOMETIMES FORCIBLY, FOR 
TRAINING IN COMBAT.  CHILD SOLDIERS RELEASED BY THE LTTE 
ARE NOW HANDED BACK TO THEIR FAMILIES DIRECTLY.  A 
UNICEF MONITORING PROGRAM IS IN PLACE TO CONFIRM THE 
ACCURACY OF LTTE REPORTS ON THE RELEASE OF CHILD 
SOLDIERS AND TO ENSURE THE PROTECTION OF EX-CHILD 
SOLDIERS.  SAVE THE CHILDREN IS PROVIDING FOLLOW UP WORK 
REGARDING THEIR RE-INTEGRATION AND WELFARE.  IN ORDER TO 
PROMOTE EDUCATION AND CHILD WELFARE IN CONFLICT AFFECTED 
NORTH AND EAST, UNICEF WORKING WITH VARIOUS PARTNERS 
PROVIDES CATCH-UP EDUCATION AND PSYCHOSOCIAL SUPPORT. 
UNICEF ALSO ASSISTS GOVERNMENT EFFORTS TO PROMOTE 
EDUCATION IN THE CONFLICT AFFECTED AREAS. 
 
12.  THERE ARE INCREASED PRESS REPORTS ABOUT SEX ABUSE. 
CHILDREN ESPECIALLY FROM LOW INCOME FAMILIES AND WHOSE 
MOTHERS ARE WORKING ABROAD, ARE ALSO SUBJECT TO INCEST 
WHICH INCREASES THEIR VULNERABILITY TO GET INVOLVED IN 
COMMERCIAL SEX WORK.  HOWEVER, NO RECENT DATA OR 
ESTIMATES ARE AVAILABLE ON THE NUMBER OF CHILD SEX 
WORKERS.  THE NCPA AND NGOS SUCH AS PROTECTING 
ENVIRONMENT AND CHILDREN EVERYWHERE (PEACE) ARE STRIVING 
TO PREVENT SEXUAL ABUSE OF CHILDREN BY CUTTING OFF THE 
SUPPLY OF CHILDREN SUBJECT TO TRAFFICKING. 
 
13.  ORGANIZATIONS SUCH AS THE NCPA, UNICEF, ILO/IPEC 
AND PEACE HAVE ALSO LAUNCHED SPECIAL PROGRAMS TO PROTECT 
TSUNAMI AFFECTED CHILDREN FROM BEING TRAFFICKED AND 
 
SIPDIS 
FALLING VICTIM TO SEX ABUSE AND CHILD LABOR.  IN 
ADDITION, THE OFFICE OF FOREIGN DISASTER ASSISTANCE 
(OFDA) HAS FUNDED THE AMERICAN CENTER FOR INTERNATIONAL 
LABOR SOLIDARITY (ACILS) TO IMPLEMENT AN ANTI- 
TRAFFICKING AWARENESS PROGRAM.  WHILE NOT AIMED 
SPECIFICALLY AT CHILD TRAFFICKING, IT IS DESIGNED TO 
RAISE AWARENESS OF TRAFFICKING ISSUES. 
 
ENTWISTLE