SRI LANKA WORST FORMS OF CHILD LABOR UPDATE - DEC 2006

UNCLAS SECTION 01 OF 03 COLOMBO 002072

SIPDIS

DOL/ILAB FOR TINA MCCARTER

DRL/IL FOR TU DANG

STATE FOR SA/INS

MCC FOR D NASSIRY AND E BURKE

SIPDIS

E.O 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID CE
SUBJECT: SRI LANKA WORST FORMS OF CHILD LABOR UPDATE - DEC 2006

REF: A) STATE 184972 B) 05 COLOMBO 001562 C) 04 COLOMBO 001396 D) 03

COLOMBO 001436


1. Per Ref A, below is an update of the worst forms of child labor
information for Sri Lanka. This report provides new developments
since the submission of the last update in 2005 (Ref B).

Child Labor Legislation
--------------


2. In August 2006, the Parliament passed an amendment to the
Employment of Women, Young Persons and Children Act enabling the
Minister of Labor to publish regulations to prohibit the employment
of persons below the age of eighteen (18) years in hazardous
occupations. Sri Lanka has compiled a list of 49 occupations
considered to be hazardous forms of child labor existing in Sri
Lanka, pursuant to the ratification of International Labor
Organization (ILO) Convention 182 on the Worst Forms of Child Labor
in 2001. Forty occupations will be unconditional and completely
prohibited for children aged 14-18 years while the remaining nine
occupations will be conditionally prohibited upon the publication of
the relevant regulation. Penalties for violation of the law are
either a fine of Rs 10,000 (approximately USD 100) or imprisonment
of up to 12 months or both, and payment of compensation as decided
by courts.


3. The government also amended the Penal Code in 2006 to strengthen
laws against child abuse and child labor. The amendment aims to
prevent sexual abuse of children via computers and in hotels as well
as the soliciting of children for sexual abuse. It also expands the
definition of trafficking to conform to international standards.
The amendment also gives effect to Sri Lanka's obligations under
following ILO/UN Conventions: The Slavery Convention; The Convention
Concerning Forced or Compulsory Labor; The Supplementary Convention
on the Abolition of Slavery; the Slave Trade and Institutions and
Practices Similar to Slavery; and The Convention on the Elimination
of Worst Forms of Child Labor. A jail term of up to 20 years is
prescribed for offenses covered by these conventions. Where the
victim is under 18 years, the jail term may be extended up to 30
years.

Child Labor Law Enforcement
--------------


4. Enforcement Statistics: The following table presents data on
child labor complaints made to government agencies.

Year Dept of Labor(A) NCPA(C)
Complaints Prosecutions Complaints
2000 194 7 184
2001 255 42 276
2002 161 26 386
2003 203 44 179
2004 147 48 409
2005 105 NA 315
2006(B) 60 NA NA (D)
Source: Department Of Labor and NCPA
NA: not available

(a) Employment of children below 14 years

(b) Data for January to May 2006.

(c) 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 2005, NCPA received eight complaints about child labor and
196 about sexual abuse.


5. 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.

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-- 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: National Child Protection Agency

Government Policies and Programs
--------------


6. The government has created a new Ministry of Child Development
and Women's Empowerment. The National Child Protection Authority
(NCPA),the main agency tasked with protection of chldren from
child labor, abuse and exploitation, hich was earlier an
independent authority under he President's office, has been placed
under thisnew ministry. The NCPA is being re-organized unde a new
chairperson and a new board of directors,and has been less active
in the past 12 months, han in the previous years.


7. The Government o Sri Lanka continues to demonstrate a strong
commitment to education, and strives to eliminate childlabor
through education. The government continus to provide free
education as well as free schol textbooks, breakfasts and uniforms.
Schoolingis mandatory for all children aged 6 to 14 years.
According to a recent World Bank report, net primary school
enrolment in Sri Lanka was 96 percent and primary completion rate
was 95 percent. The government now faces the challenges of
expanding equitable access to post-primary education and
establishing a high quality education system. To respond to these
challenges, the government has developed an overarching Education
Sector Development Framework and Program (ESDFP) for the period
2006-2010. The World Bank is supporting the ESDFP with grant funds
of USD 60 million. Although not explicitly stated, child labor will
be discouraged through a key component of the project which aims to
promote school attendance and informal education, upgrading of
school network in rural and estate regions (key sources of child
labor),and special education programs for children with special
learning needs. The government is also working with UNICEF and ILO
IPEC to eliminate child labor and improve access to education and
informal education.

New Developments
--------------


8. No national survey of child labor has been done since 1999. The
ILO Sri Lanka has repeatedly stressed the need for updated data, to
take stock of the current child labor situation and design programs
and policies to address problems. ILO is currently preparing a new
program for elimination of child labor. US Department of Labor is
expected to fund some aspects of the program which will include
research, a national estimation of child labor in key sectors, and
policy formulation.


9. Child Soldiers: Child conscription by the Liberation Tigers of
Tamil Eelam (LTTE) continues to be the gravest problem facing
children of Sri Lanka. Despite a commitment to release all children
within their ranks, the LTTE continues to recruit children.
According to UNICEF data bases, as of October 2006, there are 1598
outstanding cases of under age (below 18 years) recruitment by the
LTTE and another 142 cases of under age recruitment by a breakaway
LTTE group, Karuna. The international community, led by the UNICEF,
has repeatedly condemned the recruitment of child combatants by the
LTTE and Karuna group. In November 2006, UNICEF accused GSL troops
of assisting the Karuna group to recruit child soldiers. Sri Lanka
has determined that child soldiers are child laborers, thereby
affirming that their recruitment is a punishable crime under the new
law.


10. Child Sex Tourism: According to UNICEF, while the exact
numbers are not known, it's estimated that a significant number of
Sri Lankan children are drawn into prostitution every year, the
majority of them boys. These children are exploited by both local

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people and foreign tourists. In order to combat child sex tourism,
the Sri Lanka Tourist Board and the government tourism promotion
agency, with UNICEF support, launched a two year action plan in mid

2006. The campaign will target tourists, children, adolescents,
hoteliers and journalists through mass media and advertisements with
the message that there is zero tolerance for child sex tourism.


11. Post will send copies of the new legislation mentioned in para
2 and 3 via pouch to DOL/ILAB Tina McCarter.

BLAKE