2020 Findings on the Worst Forms of Child Labor: Sri Lanka

 
Moderate Advancement

In 2020, Sri Lanka made moderate advancement in efforts to eliminate the worst forms of child labor. During the reporting period, the government raised the minimum age for employment from 14 to 16 years, which is also the compulsory education age. It also took steps towards implementing the regulations on the Hazardous Occupations Regulations Gazette under the Employment of Women, Young Persons and Children Act, and developed a COVID-19 Child Vulnerability Survey. Furthermore, the government increased its number of labor inspectors from 494 to 588 and approved a new National Strategic Plan to Monitor and Combat Human Trafficking (2021–2025). Finally, the government implemented a cash transfer program for families who lost their income due to the COVID-19 pandemic and other social welfare programs targeting low-income households that are aimed at reducing the economic vulnerabilities of children. However, children in Sri Lanka are subjected to the worst forms of child labor, including in domestic work and commercial sexual exploitation, each sometimes as a result of human trafficking. Although the government made meaningful efforts in all relevant areas during the reporting period, research indicates some victims of child trafficking or commercial sexual exploitation may be penalized for prostitution and other offenses rather than treated as victims. In addition, the labor inspectorate is not authorized to assess penalties for labor law violations. Some children in rural areas face barriers to accessing education, including difficulties in traveling to school in some regions and an inadequate number of teachers. Also, the government does not fully disaggregate criminal data, including cases investigated for forced child labor, child trafficking, child commercial sexual exploitation, and the use of children in illicit activities.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Sri Lanka are subjected to the worst forms of child labor, including in domestic work and commercial sexual exploitation, each sometimes as a result of human trafficking. (1-4) Table 1 provides key indicators on children’s work and education in Sri Lanka.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

0.8 (28,515)

Working children by sector

5 to 14

 

Agriculture

 

42.1

Industry

 

21.9

Services

 

36.0

Attending School (%)

5 to 14

98.0

Combining Work and School (%)

7 to 14

0.9

Primary Completion Rate (%)

 

102.4

Source for primary completion rate: Data from 2017, published by UNESCO Institute for Statistics, 2021. (5)
Source for all other data: International Labor Organization's analysis of statistics from Child Activity Survey (CAS), 2016. (6)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, including raising livestock (2,7-9)

 

Fishing, including deep sea fishing,† processing fish, and selling fish (1,2,8-11)

Industry

Manufacturing, including textiles and garments, and food processing (2,8,9,12)

 

Mining† and construction† (1,2,8,9,12,13)

Services

Domestic work (1,2,8,9)

 

Vending, in stores and on the streets, transportation, and begging (1,2,8-10)

 

Work in hotels, restaurants, and offices (8,13)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (1,3,4,7,14-18)

 

Forced labor in domestic work, sometimes as a result of human trafficking (3,7)

 

Use in illicit activities, including drug trafficking (7,19,20)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The 2016 Child Activity Survey's definition of child labor does not align with international standards because children ages 5–11 working less than 15 hours per week and children ages 12–14 working less than 25 hours per week in agriculture are not counted as child laborers. These issues may have led to an underestimation of the population of children in child labor in the Child Activity Survey. (8) The ILO and an NGO documented several cases of debt distress among workers at private, smallholding tea estates, which increased the risk of child labor in the tea sector. (1) Debt distress can be linked to debts that workers owed to the estate for housing and accommodating their families. (21) NGOs also report that smallholder farmers face labor shortages during harvest times and an increasing cost of labor and production, and often rely on children under the age of 12 to help during the harvest period. (2,22) There are reports of children subjected to child trafficking internally, including from tea estates, to perform domestic work in Colombo. In addition, child domestic workers are subjected to sexual, physical, and psychological abuse, non-payment of wages, and restrictions on movement. (1,7) Children, predominantly boys, are also forced into commercial sexual exploitation in tourist areas as part of the sex tourism industry, sometimes as a result of human trafficking. (1,3,4,16,18,23) In 2018, the ILO conducted a rapid assessment of the extent of commercial sexual exploitation of children in the coastal areas and found that most of the children were ages 15–17. According to the Sri Lankan Department of Labor, children living in coastal and agricultural areas, mining areas, and firewood-producing areas were vulnerable to child labor. (1,3,24) During the reporting period, there was a significant reduction in reports of the commercial sexual exploitation of children, due to the government closing the country to international tourism from March 2020 to December 2020. (2,24)

Although the government provides free, compulsory education to all schoolchildren, some children in rural areas face barriers to accessing education, including difficulties traveling to school in some regions and an inadequate number of teachers. (1)

II. Legal Framework for Child Labor

Sri Lanka has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Sri Lanka’s legal framework to adequately protect children from the worst forms of child labor, including protections for children engaged in domestic work.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

16

Sections 7, 9, 13, and 34 of the Employment of Women, Young Persons, and Children Act; Section 6 of the Employment of Women, Young Persons and Children Amendment Act (25,26)

Minimum Age for Hazardous Work

Yes

18

Section 20A of the Employment of Women, Young Persons, and Children Act (25)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Hazardous Occupations Regulation No. 47; Section 20A of the Employment of Women, Young Persons, and Children Act (25,27)

Prohibition of Forced Labor

Yes

 

Sections 358A, 360C, 360A(2), and 360A(4) of the Penal Code (27)

Prohibition of Child Trafficking

Yes

 

Sections 360C, 360A(2), and 360A(4) of the Penal Code (27)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Sections 286A, 360B, 360A(2), and 360A(4) of the Penal Code (27)

Prohibition of Using Children in Illicit Activities

Yes

 

Sections 288, 288A, 288B, and 360C of the Penal Code (27)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Sections 20A and 31 of the Employment of Women, Young Persons, and Children Act; Section 2(xviii) of the Hazardous Occupations Regulation No. 47 (25,28)

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A*

   

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

358(1)(d) of the Penal Code; Sections 20A and 31 of the Employment of Women, Young Persons, and Children Act; Section 2(xviii) of the Hazardous Occupations Regulation No. 47 (25,27,28)

Compulsory Education Age

Yes

16

Section 43 of the Education Ordinance; Compulsory Attendance of Children at Schools Regulation No. 1 of 2015 (29,30)

Free Public Education

Yes

 

Section 47 of the Education Ordinance (29)

* No conscription (31)

During the reporting period, the government raised the minimum age for employment from 14 to 16 years, up to the compulsory education age. (26) The hazardous work list is not comprehensive because it does not include domestic work, in which there is evidence that children are subject to abuse. (3) However, in 2019, the Department of Labor reviewed the Hazardous Occupations Regulations Gazette under the Employment of Women, Young Persons and Children Act and drafted new regulations with stakeholder participation. The draft was finalized in 2020 but has not been fully implemented. (2,32)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Department of Labor in the Ministry of Labor

Formerly the Ministry of Skill Development, Employment and Labor Relations. (32) Enforces labor law in relation to the employment of children and young persons. Receives public complaints of child labor lodged in national and district-level offices. Receives complaints from other state organizations, including from the National Child Protection Authority (NCPA). (1,2) Conducts special investigations in relation to child labor and hazardous labor, and takes legal action as necessary. (1,2) In 2020, investigated 105 complaints of child labor violations, and discovered 6 instances of child labor. Also conducted 2 series of special group inspections during the year covering all geographic areas of the country, during which 42 group inspections covering 210 worksites identified 1 violation. (2) During the reporting period, the Department of Labor also conducted a national awareness-raising program and launched an official YouTube channel, through which it published videos on the elimination of child labor. (2)

Children and Women’s Bureau of the Sri Lankan Police

Enforces laws on child labor, child trafficking, commercial sexual exploitation of children, and the use of children in illicit activities. (7,33) Also supervises the NCPA Special Police Investigation Unit, which has approximately 40 police officers who investigate complaints involving children, including complaints of child labor. (1) Received five child victims as referrals from the Department of Labor during the reporting period. (2)

National Child Protection Authority (NCPA) Special Police Investigation Unit

Investigates complaints involving children, including child labor. (7,34,35) Along with the Children and Women's Bureau of the Sri Lankan Police, receives complaints on commercial sexual exploitation and the use of children in illicit activities. (1) Has approximately 300 child protection officers based in the districts who are tasked with preventing child exploitation and protecting victims. (1,33) In 2020, held an event focused on developing a 5-year action plan to implement the National Child Protection Policy, and published the new action plan. (36,37)

Department of Probation and Child Care Services

Coordinates services for child victims of forced labor, human trafficking, and commercial sexual exploitation who have been referred by the police and the court. (7) During the reporting period, launched the National Alternative Care Policy, which includes a section addressing child victims of sexual exploitation and harmful child labor. (2)

Several ministries, departments, and agencies have legal authority for the enforcement of criminal laws against child labor. The National Child Protection Authority (NCPA), the Criminal Investigations Department of the Sri Lankan Police, and the Attorney General's Department are responsible for the enforcement of criminal laws against child trafficking and forced child labor. (1)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Sri Lanka took actions to combat child labor (Table 6). However, gaps exist within the authority of enforcement agencies that may hinder adequate enforcement of their child labor laws, including the labor inspectorate’s lack of authority to assess penalties.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

$2,110,932 (1)

$2,194,101 (2)

Number of Labor Inspectors

494 (2)

588 (2)

Inspectorate Authorized to Assess Penalties

No (1)

No (26)

Initial Training for New Labor Inspectors

Unknown (1)

Unknown (2)

Training on New Laws Related to Child Labor

N/A (1)

N/A (2)

Refresher Courses Provided

Yes (1)

Yes (2)

Number of Labor Inspections Conducted

66,170 (2)

44,439 (2)

Number Conducted at Worksite

64,851 (1)

41,374 (2)

Number of Child Labor Violations Found

10 (1)

6 (2)

Number of Child Labor Violations for Which Penalties Were Imposed

8 (1)

6 (2)

Number of Child Labor Penalties Imposed that Were Collected

8 (1)

6 (2)

Routine Inspections Conducted

Yes (1)

Yes (2)

Routine Inspections Targeted

Yes (1)

Yes (2)

Unannounced Inspections Permitted

Yes (26)

Yes (26)

Unannounced Inspections Conducted

Yes (1)

Yes (2)

Complaint Mechanism Exists

Yes (1)

Yes (2)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (1)

Yes (2)

In 2020, Sri Lanka increased the number of labor inspectors from 494 to 588, and 6 labor inspectors are dedicated to inspecting child labor. (2) The number of labor inspectors is sufficient for the size of Sri Lanka's workforce, according to ILO's technical advice and the Sri Lanka Department of Labor. The Department of Labor removed five children from situations of child labor and hazardous child labor during 2020. (2) However, reports indicate that the labor inspectorate did not have sufficient staffing to carry out inspections, especially inspections of factories in the northern and eastern provinces. (1)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Sri Lanka took actions to combat child labor (Table 7). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws, including the lack of information regarding violations found.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

Yes (1)

Yes (32)

Training on New Laws Related to the Worst Forms of Child Labor

N/A (1)

N/A (2)

Refresher Courses Provided

Yes (1)

Yes (2)

Number of Investigations

7 (1)

Unknown (2)

Number of Violations Found

Unknown (1)

Unknown (2)

Number of Prosecutions Initiated

Unknown (1)

6 (2)

Number of Convictions

Unknown (1)

2 (2)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Unknown (1)

Yes (2)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (1)

Yes (2)

The government did not provide information on the total number of violations related to the worst forms of child labor for inclusion in this report. However, during the reporting period, the government did provide information on the number of prosecutions initiated, convictions, and penalties for violations related to the worst forms of child labor. (2,24)

Research found that investigators did not have adequate facilities or human resources to carry out investigations. Investigators lack transportation facilities, and the Sri Lankan Police lack facilities to record evidence. (1,2,38) Although the government publishes some crime statistics, the Sri Lankan Police do not fully disaggregate criminal data, including cases investigated specific to forced child labor, child trafficking, child commercial sexual exploitation, and the use of children in illicit activities. (1,2,32,39,40)

In 2020, six new cases involving the sexual exploitation of children were reported. In addition, a case of alleged sexual exploitation of children at a state-run orphanage in Anuradhapura gained media attention during the reporting period. According to NGO reports, police arrested the head of this orphanage and one of its staff members, and launched criminal investigations into two provincial officials with oversight of state-run orphanages. (24) However, research indicates some victims of child trafficking or commercial sexual exploitation may be penalized for prostitution and other offenses rather than treated as victims. (23)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Steering Committee on Child Labor Elimination

Coordinates efforts to eliminate child labor, including the implementation of the National Policy on Elimination of Child Labor in Sri Lanka. Chaired by the Secretary of the Ministry of Labor; includes representatives from key government agencies, employer and workers’ organizations, ILO, UNICEF, and NGOs. (1) In 2020, met once in September; the first technical working group meeting took place in November 2020. During the reporting period, designed a national communications strategy on the elimination of child labor and a COVID-19 pandemic Child Vulnerability Survey. (2)

National Child Protection Authority (NCPA)

Coordinates and monitors activities related to the protection of children, including activities to combat child labor. Consults with relevant government ministries, local governments, employers, and NGOs, and recommends policies and actions to prevent and protect children from abuse and exploitation. (2) In 2020, referred 116 child labor complaints received via its hotline to the Department of Labor. (24)

National Anti-Trafficking Task Force

Coordinates inter-agency efforts to address all human trafficking issues, including commercial sexual exploitation and forced labor. Led by the Ministry of Justice and includes representatives from a range of government agencies, including the Ministry of Social Services, Ministry of Women and Child Affairs, Department of Labor, NCPA, Department of Probation and Child Care, Police Criminal Division, and Bureau for the Prevention of Abuse to Women and Children. (41) During the reporting period, completed the National Strategic Plan to Monitor and Combat Human Trafficking (2021–2025). (2)

Child Development Committees

Coordinate activities and exchange information among child protection officers, police, and labor, education, and health officials at the village, division, and district levels. Function in 25 districts and 313 divisions. (7) During the reporting period, the committees continued to meet. (2)

The government reported improved inter-agency coordination during the reporting period. The Department of Labor launched an awareness campaign among public institutions involved in various sectors, and trained regional managers of the Department of Fisheries on labor law related to children and young persons below the age of 18 years. (2) In 2020, the government also engaged with the ILO and other international donors to eliminate child labor and to understand the impact the COVID-19 pandemic would have on children. (2)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Policy on Elimination of Child Labor in Sri Lanka

Aims to mainstream child labor issues into national development policies, increase the minimum age for employment, promote the implementation of hazardous work regulations, strengthen capacity to enforce child labor laws, and maintain a complaint procedure. (42) Research was unable to determine whether activities were undertaken to implement the National Policy on Elimination of Child Labor during the reporting period. (2)

National Child Protection Policy

Established by NCPA as a measure to reduce child sex tourism in Sri Lanka. (1,2) Research was unable to determine whether activities were undertaken to implement the National Child Protection Policy during the reporting period.

National Strategic Plan to Monitor and Combat Human Trafficking (2021–2025)†

Seeks to combat human trafficking by raising stakeholder awareness, improving victim protection services, increasing the prosecution of human trafficking cases, and conducting research and data collection. Also seeks to improve coordination among the Anti-Trafficking Task Force members. (43) Completed during the reporting period. (24)

Decent Work Country Program (2018–2022)

Details the priorities and outcomes required to make progress toward the goal of decent work for all. Identifies key areas of work for the eradication of child labor by 2022, including operationalizing the child labor-free zone model in all districts, expanding the inspection system to cover child labor in the informal sector, raising the minimum age for employment to 16 years, revising regulations on hazardous child labor, improving the complaints and referral mechanisms, and regularly collecting data on child labor. (44) In February 2020, the task force held its sixth annual meeting in Jaffna. (45)

National Alternative Care Policy†

Launched during the reporting period by the Department of Probation and Child Care Services. Includes a section addressing child victims of sexual exploitation or harmful child labor. (2)

† The policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (2,7,46)

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including implementation.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Child Labor-Free Zone Model†

Local government initiatives that seek to eliminate child labor through the identification of children engaged in child labor, a rehabilitation program, assistance to families of children at risk of engaging in child labor, and an awareness-raising campaign. Operated by the district secretariats, with assistance from the Department of Labor and with technical and financial support from ILO. (1) The program’s start was postponed during the reporting period, and it is scheduled to be introduced in 2021. (2)

School Child Protection Committees

Preventive program established by NCPA to empower children to protect themselves from trafficking and child labor. (1) According to some reports, although 3,165 committees have been set up, only 2,392 committees are presently active. (47,48) Research was unable to determine whether activities were undertaken to implement the School Child Protection Program during the reporting period.

‘1929’ Childline Sri Lanka†

NCPA-funded and operated 24-hour toll-free emergency telephone service for vulnerable and abused children. Connects children in need of help to direct assistance and rehabilitation services. (2,49) In 2020, the hotline continued to run, and was launched as an app, but there are reports it was not always staffed. The hotline received 119 reports of child trafficking during the reporting period, and referred 116 of those complaints to the Department of Labor, but no victims or potential human trafficking cases were identified from these allegations. (2,24)

Shelter for Victims of Human Trafficking

Ministry of Women and Child Affairs shelter that provides children and female victims of human trafficking with safe shelter and access to medical, psychological, and legal assistance. (24,42) During the reporting period, shelters for female trafficking victims were closed due to lack of usage, but the Ministry made space available for trafficking victims within a shelter for female victims of domestic violence. Use of the government-funded shelter required a magistrate’s order, so human trafficking victims who did not seek court assistance could not obtain shelter. (3)

Cash Transfer Program*

Implemented during the reporting period, cash transfers were disbursed to 70 percent of families who have lost their income due to the pandemic. The financial assistance may reduce the risk of child labor for children in these families. (2)

Measurement, Awareness-Raising, and Policy Engagement (MAP16) Project on Child Labor and Forced Labor*

$220,000 USDOL-funded project implemented by ILO that aims to conduct research and develop new survey methodologies, improve awareness, strengthen policies and government capacity, and promote partnerships to combat child labor and forced labor. The project began in March 2020 and is expected to last 18 months. Additional information is available on the USDOL website. (2,50,51)

* Program was launched during the reporting period.
† Program is funded by the Government of Sri Lanka.
‡ The government had other programs that may have addressed child labor issues or had an impact on child labor. (1)

In 2020, the Department of Labor also distributed 1,500 handbooks on "Hazardous Child Labor," translated into Tamil, to children and other stakeholders in the Northern, Eastern, and Central provinces. (2)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Sri Lanka (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that the hazardous occupations and activities prohibited to children are comprehensive, including domestic work.

2017 – 2020

Enforcement

Authorize the labor inspectorate to assess penalties for labor law violations.

2015 – 2020

 

Collect and publish information on labor law enforcement actions, including initial training for new labor inspectors.

2014 – 2020

 

Collect and publish disaggregated information on the number of investigations and violations related to the worst forms of child labor.

2020

 

Provide investigators with additional funding and adequate facilities, including transportation and facilities to record evidence, and human resources to adequately investigate forced labor, child trafficking, and the commercial sexual exploitation of children.

2011 – 2020

 

Provide adequate staffing in the northern and eastern provinces for the labor inspectorate to carry out inspections.

2019 – 2020

 

Ensure that victims of child trafficking or commercial sexual exploitation are not punished for their involvement in child labor.

2019 – 2020

Government Policies

Publish activities undertaken to implement key policies related to child labor during the reporting period.

2020

Social Programs

Ensure that the definition of child labor used in national child labor surveys to calculate child labor statistics clearly aligns with international standards.

2017 – 2020

 

Eliminate barriers to education, including difficulties with transportation to schools and an inadequate number of teachers.

2012 – 2020

 

Institute programs to address the risks of child labor in tea estates and in coastal, agricultural, mining, and firewood-producing areas.

2019 – 2020

 

Ensure that activities are undertaken to implement social programs to address child labor.

2020

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