Identifier
Created
Classification
Origin
05COLOMBO1562
2005-09-07 06:03:00
UNCLASSIFIED
Embassy Colombo
Cable title:  

Sri Lanka GSP Child Labor Update

Tags:  ECON ELAB EIND ETRD PHUM SOCI EAID CE 
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070603Z Sep 05
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
SUBJECT: Sri Lanka GSP Child Labor Update

REF: A) STATE 143552 B) 04 COLOMBO 001396

C) COLOMBO 001436

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
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