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40,000 children working as child labourers
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- Children should work on their dreams, not on fields, says ILO
The World Day Against Child Labour was marked each year on 12 June. This year’s theme was ‘Children should work on their dreams, not on fields’. The International Labour Organization (ILO) sets the yearly tone based on a priority focus, which helps to spotlight global attention and create awareness on the campaign. This aims to create public discussion and policy action around ending child labour in every country. Sri Lanka is doing well in terms of a relatively low prevalence of child labour in its agricultural sector. Decades ago however, school attendance of children of plantation workers was weak and children were working in the tea and rubber sector. The Government worked with local and international partners to tackle the issue responsibly, and today child labour incidences are rare. Sri Lanka is as such unique. Children elsewhere around the globe continue to be vulnerable to hazardous forms of labour – from hazel nut farms to tobacco cultivations or heavy-machinery use on family farms. As the Minister of Labour and Trade Union Relations Ravindra Samaraweera has said, “The serious issue of child labour is not widespread in Sri Lanka. We are doing far better than some of our neighbours are. The Ministry of Labour has been working with dedicated partners such as the ILO to achieve a future of zero child labour. As a self-declared pathfinder country, Sri Lanka is committed to attain this goal by 2022 – ahead of the year 2025 global target set in the Sustainable Development Goals.” The ILO Country Director for Sri Lanka and the Maldives Simrin Singh said: “The child labour situation in Sri Lanka is not staggering but one that offers a ray of hope. Some 40,000 children are working as child labourers, which is about 1% of the school-going child population. In other words, one out of a hundred children in Sri Lanka are in child labour, mostly hazardous forms. However, with commitment and drive, Sri Lanka can show the world that it can reach the much coveted one-in-a-million statistic.” Child labour and non-attendance in regular schooling is relatively high in Sri Lanka’s rapidly urbanising city centres than in rural areas. There is an established pattern of child labour –predominantly in the teenage category, engaged in the informal services sector. Their numbers are highest in the districts of Kurunegala, Gampaha, Colombo, Monaragala, and Batticaloa, with many other urbanised localities not far behind. A large proportion of soon to be young adults are engaged in child labour within the broader ecosystem of the informal services sector: such as in tourism, transport, petty trading, and care giving. A majority of these children are boys. A large number also work in boutiques, tea kiosks, eateries, and other informal trades, in low-wage and precarious employment. Strong coordination among stakeholders will help maintain an effective referral system to deal with cases found: education authorities and divisional officers or probation units, and social welfare and monitoring officers must actively liaise to assess and follow-up on low school attendance, dropouts and re-enrolment. The greater gain will be made with effective prevention systems at the community level: supporting households in vulnerable situations, so that children do not drop out of school and fall into exploitative and dangerous work. The demonstrated commitment of the Government of Sri Lanka will gather impetus in being part of Alliance 8.7 – a coalition of 200+ countries and organisations around the world, united in their determination for a world where children only work on their dreams for a brighter future. Sri Lanka’s pathfinder country status enables it to tap in to global resources, as well as offer its own experience, to achieve its goal of eradicating child labour by 2022.
Factum Perspective: Child Labor in Sri Lanka – A Stolen Childhood and an Uncertain Future
By Britney Martil
In the serene landscapes of Sri Lanka, a dark reality persists beneath the surface, where the laughter of children is silenced by exploitation and deprivation. The term “child labor” takes on an alarming interpretation since it refers to employment that destroys the innocence of childhood and jeopardizes their potential and dignity. Child labor in Sri Lanka is considered dangerous, physically demanding, and morally damaging to children. It appears in many different industries and forces many helpless children into a life far apart from the delights of education and enjoyment.
In Sri Lanka, young children work tirelessly in the informal agricultural sector, tending to crops and working in family businesses under often hazardous circumstances. Children are forcibly kidnapped to work in the fishing sector in the coastal regions, especially in the North, East, and West, where they are subjected to verbal and physical abuse at the hands of their employers.
Another depressing aspect of child labor is found in urban areas, where children are caught in the shadows of domestic work. These children’s lives revolve on tasks without breaks or days off, working an astounding twenty hours a day, seven days a week, for little to no pay. They are brutally denied the chance to pursue their studies and build a better future. In the busy streets of Sri Lanka, a different kind of childhood is being portrayed.
For many young people who live and work on the unforgiving streets, selling goods and begging on the street have been their only means of income. They continue to be exposed to the chains of illegal activities like prostitution because they are struggling to make their livings, especially in regions connected to the tourism industry.
While government organizations may provide legitimate opportunities for child labor, it nonetheless serves as a dark symbol of stolen childhoods, denying young minds the opportunity to education and a chance at a bright future. In this manner, the dreams and aspirations of countless Sri Lankan children hang in the balance, as child labor continues to overshadow their lives.
Legal Framework Governing Child Labor in Sri Lanka
The Sri Lankan government, led by its Constitution and a variety of legislations, has taken a position opposing this serious injustice and is making much effort to safeguard its young people from exploitation and prejudice. The 1978 Constitution of the Democratic Socialist Republic of Sri Lanka serves as the cornerstone of the legal framework of Sri Lanka.
Under Section 12(1), it guarantees the right to equality and non-discrimination, while Article 27(13) of the Directive Principles of State Policy mandates the protection and promotion of children’s interests, ensuring their physical, mental, and social well-being.
These principles led to the creation of the Employment of Women, Young Persons, and Children Act No. 47 of 1956 (EWYPCA), which governs the employment of children and young people as well as their working conditions and hours. The Act defines a child as a person under 14 years and a young person as someone aged 14 to 18 years. To combat hazardous child labor, the EWYPCA Regulation of 2010 outlined a list of hazardous forms of child labor, protecting children above the minimum age of employment.
This action complies with Sri Lanka’s obligation under Article 3(d) of International Labor Organization Convention, which was ratified in March 2001. In addition, other national laws, including the Prevention of Domestic Violence Act No. 34 of 2005, the Youthful Offenders (Training School) Ordinance No. 28 of 1939, and the National Child Protection Authority (NCPA) Act No. 50 of 1998, serves important roles in addressing the most prevalent types of child labor as well as child labor in the informal sector.
Furthermore, the Factories Ordinance No. 45 of 1942 and the Shop and Office Employees Act No. 19 of 1954 address provisions that shed light on eliminating and preventing child labor along with Sections 360A, 360B, and 288A of the Penal Code, which also forbid actions connected to prostitution, including those in which children are involved. Sri Lanka has made commendable progress in addressing child labor through its Compulsory Education Act No. 1 of 1998, reinforcing the country’s free education policy.
This act raises the compulsory attendance age from 14 to 16 years, ensuring that more children have access to education and fewer succumb to the lure of child labor. Despite these attempts, problems still exist, particularly in the informal industry. Therefore, a focused and cooperative effort is required to make a revolutionary impact and end the worst types of child labor. To safeguard Sri Lanka’s most vulnerable population; its children, ministries and governmental departments must collaborate and coordinate their efforts.
Creating a Bright Future: Eliminating Child Labor in Sri Lanka
As a society, it is incumbent upon us to come together, driven by compassion and resoluteness, to eradicate child labor and chart a course towards a radiant tomorrow for our children.
The significance of preventing child labor cannot be overstated, for it lies at the core of safeguarding the well-being, dignity, and potential of our most valuable asset, the future generation. To achieve considerable progress, authorities must rigorously enforce laws and increase penalties for violators. Strengthening legal frameworks and aligning them with international standards will send a clear message that child labor will not be tolerated.
To accomplish the mission of eliminating child labor and creating a bright future for the children of Sri Lanka, a multi-faceted approach is essential. The following steps can be taken:
Promoting Accessible Education: Make education a top priority by rendering it free as well as mandatory for all children up to the age of 16. Make academic opportunities available to all children, especially those in marginalized communities, by making investments in educational infrastructure, training for teachers, and technology.
Strengthening Child Protection Mechanisms: Establishing an efficient child protection system involves cooperation with the National Child Protection Authority (NCPA) along with relevant government organizations. This involves expediting child labor proceedings and offering impacted youngsters counseling and rehabilitation programs.
Alternate Livelihood Opportunities: Offering families who depend on child labor alternatives to their current means of subsistence will bring an end to the cycle of exploitation. Supporting entrepreneurship and small-scale businesses in rural areas may provide parents viable possibilities for making a living without resorting to child labor.
Addressing Poverty and Socioeconomic Disparities: One of the main causes of child labor continues to be poverty. Therefore, Sri Lanka must prioritize reducing poverty and uplifting underprivileged populations if it intends to end this cycle. By implementing social welfare programs, providing vocational training, and creating income-generating opportunities for adults, families will be more equipped to support their children’s education instead of relying on their labor.
Public-private partnerships: Successful cooperation between the public and private sectors has the potential to fundamentally alter the course of the battle against child labor. Businesses should encourage ethical business practices and establish supply chains free of child labor. The government can reward businesses who abide by child labor laws and penalize those that do not.
Children in Sri Lanka hold the key to the country’s future, and it is our joint duty to make sure they are free to dream, learn, and develop without being constrained by child labor. By prioritizing education, enforcing laws, empowering communities, and addressing socioeconomic inequalities, we can create a bright future for our children. Together, let us unite in our commitment to eliminate child labor in Sri Lanka, creating a society where the innocence of childhood is cherished, and every child can flourish and contribute positively to the nation’s progress.
Britney Martil is a law student at the Kotelawala Defence University. With a passion for justice and equality, she is determined and dedicated to fighting against all forms of injustice.
Factum is an Asia Pacific-focused think tank on International Relations, Tech Cooperation, and Strategic Communications accessible via www.factum.lk .
The views expressed here are the author’s own and do not necessarily reflect the organization’s.
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Legal Safeguarads in Sri Lanka to Eliminate Child Labour (1998)
"By enacting new laws, Sri Lanka has made a sincere effort to combat child labour and conform to International principles governing the employment of children and young persons. The recent measures taken to ratify the ILO Minimum Age Convention as well as implementing local legislation conforming to principles stated therein, is one such example. This study has endeavoured to identify areas of high incidence of child labour in the country, legislation presently in place governing the subject as well as problems encountered in enforcement. Since most of the local legislation has been guided by internationally accepted principles, this study has also been concerned with the conventions Sri Lanka has ratified as well as those that we ought to consider ratifying".
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Child sexual exploitation and child prostitution are some of the major challenges which Sri Lanka is facing as a developing tourist destination. Poverty, lack of education and inequality are some of the main causes for these kinds of issues. Sri Lanka is sometimes known as the heaven for sexual relationships among tourists due to the commonly found child prostitution services. This issue arises mostly in South Asian countries such as Sri Lanka, India, Nepal, Cambodia, Thailand and Philippine. Sri Lanka has a beautiful coastline around the country as it is an island with an attractive tourist destination which bought the country a huge benefit for the country's economy but on the other hand it exploits the countries future generation by giving a new face to these kinds of issues. This research will be focused on commercial sexual exploitation of children and child prostitution in Sri Lanka, how it is addressed in the legal framework and how the law has tried to prevent them and protect the children. Further, it discusses the legislative provisions of some selected jurisdictions such as North Ireland, England and Wales. Finally, this normative research which is based on a literature review focuses on the pros and cons of the Sri Lankan legislative provisions and proposes some recommendations.
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IMAGES
VIDEO
COMMENTS
This paper presents a critical analysis of existing Sri Lankan labour legislation relating to child labour, focusing on the lacuna in the existing legal framework and the practical difficulties of implementing the law.
Sri Lanka has made substantial improvements in the child labour arena in recent decades– this is apparent from trends in working chil- dren, child labour and children in hazardous forms of child labour.
Some 40,000 children are working as child labourers, which is about 1% of the school-going child population. In other words, one out of a hundred children in Sri Lanka are in child labour, mostly hazardous forms.
Even in implementing its key strategies, including a broader policy and strengthening enforcement, National Policy on Eliminating Child Labour in Sri Lanka (2017) has clearly outlined the importance of institutional structures, district level coordination and private-public partnership.
“Sri Lanka has significant potential to achieve zero tolerance of worst forms of child labour and thus placing it in the forefront in the region.” Message from Hon. W. D. J. Seneviratne. Minister of Labour, Trade Union Relations and Sabaragamuwa Development.
Children in Sri Lanka are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and forced domestic work. (1-5) Table 1 provides key indicators on children’s work and education in Sri Lanka.
Child labor in Sri Lanka is considered dangerous, physically demanding, and morally damaging to children. It appears in many different industries and forces many helpless children into a life far apart from the delights of education and enjoyment.
"By enacting new laws, Sri Lanka has made a sincere effort to combat child labour and conform to International principles governing the employment of children and young persons. The recent measures taken to ratify the ILO Minimum Age Convention
Child labour could be defined as jobs assigned to children causing depreciation and harmful impacts on their physical, mental, social, phycological, moral and ethical aspects interfering negatively with their well-being and education.1 Even though Sri Lankan government has implemented a legal framework to eliminate child labour, the presence of ...
This book looks at the problem of child labour in the informal sector which continues to hinder social progress in Sri Lanka despite the country's reputation in the developing world for its provision of welfare services and education.