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Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Sri Lanka (Ratification: 2000)

Other comments on C138

Direct Request
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The Committee takes note of the detailed discussion that was held by the Conference Committee at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by Sri Lanka, as well as of the Government’s report. 
The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It also notes those of the International Trade Union Confederation (ITUC), received on 2 September 2025, and the Government’s reply. The IOE and the ITUC reiterate the comments made in the discussion held in the Conference Committee and express the hope that progress will be made in the application of the Convention by Sri Lanka, in line with the conclusions of the Conference Committee.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Conference Committee encouraged the Government to take the necessary measures to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation and to continue to report on the school enrolment and completion rates of children below the age of 16 years.
The Committee notes the detailed information provided by the Government, on the measures taken to ensure school retention and to reintegrate out-of-school children into the education system. More particularly, the Committee notes that: (1) 9,467 school committees and 312 monitoring committees operate at the local and divisional levels and are responsible for identifying vulnerable children and school drop-outs and assisting them in returning to school; (2) in 2024 a total of 6,214 children were identified as not attending school, 4,500 of them were referred to the formal school system, 104 were referred to special education, 513 were accommodated in literacy classes and 1,097 students could not be reintegrated; (3) at the school level, uniforms and meals are provided to children; and (4) the Government is providing financial assistance, including through the periodic cash transfer scheme called “Aswesuma”, that supports vulnerable families. The Committee welcomes the measures taken by the Government and requests it to pursue its efforts to ensure the effective implementation of the Compulsory Attendance of Children at School Regulation. In this regard, it requests the Government to provide information on the measures taken, and the impact of such measures on the school enrolment and completion rates of children below the age of 16 years.
Application of the Convention in practice and labour inspection. The Conference Committee encouraged the Government to continue its efforts to eliminate child labour, with a strong focus on the informal economy and children living in rural areas, and to: (1) provide information on the measures taken and the results achieved in this regard, including within the framework of the Child Labour Free Zone Programme; (2) ensure that thorough investigations and robust prosecutions are carried out, and that sufficiently effective and dissuasive sanctions are imposed in practice, to deter adults from employing and abusing children; (3) provide comprehensive information as soon as possible on the number of children identified as being engaged in child labour, as well as on the number and nature of violations detected, and penalties applied with regard to the employment of children and young persons; and (4) strengthen the capacity and expand the reach of the Labour Inspectorate in addressing child labour, particularly in the informal sector. The Conference Committee also welcomed the Government’s use of ILO technical assistance and its impact.
The Committee notes with interest the Government’s indication that it has developed an Action Plan, in consultation with all relevant stakeholders, to follow up on the recommendations of the Conference Committee. The Government indicates that, in drafting the Action Plan, particular attention has been given to addressing challenges within the informal economy, with a focus on priority sectors such as fisheries, tourism and plantations. The Government adds that the Action Plan envisages that: (1) 44 special field inspections will take place in plantations and fisheries, covering 1,100 workplaces; (2) the Department of Labour will conduct 67 awareness programmes covering 1,675 small and medium enterprises and endeavour to obtain pledges to eliminate child labour; and (3) “special group inspections” will be organized, to cover the tourism sector, including home-based accommodation and hospitality service centres, with a focus on eliminating child labour and hazardous labour.
The Committee further notes the Government’s indication that: (1) as part of the Child Labour Free Zone Programme, various training initiatives are being undertaken for a total of 500 police officers by June 2026; (2) it is envisaged that penalties for child labour-related offences will be increased from Rs. 10,000 to Rs. 100,000 and that stricter sanctions will be imposed for repeat offenders; (3) in 2024, the Child Helpline received 29,667 complaints, of which 165 were related to child labour and referred to the Department of Labour for investigation, with two cases of child labour confirmed; (4) the Labour Department has taken action to increase the number of labour inspectors in the country and steps have also been taken to strengthen supporting staff; and (5) it is further considering the possibility of increasing the number of labour inspectors in high-risk districts, introducing mobile inspection units for vulnerable areas, and promoting hotlines and complaint mechanisms to report child labour cases.
The Committee also welcomes the detailed statistical information provided by the Government on the number of child labour cases identified, the results of the investigations of those cases, as well as the penalties applied by the courts in cases of convictions. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour in the country. It requests the Government to continue to provide information on: (i) the measures taken in this regard, including on the specific measures taken to implement the above-referenced Action Plan, and the concrete results achieved towards the elimination of child labour in plantations and fisheries, in the tourism sector and in the informal economy; (ii) the continued implementation of the Child Labour Free Zone Programme; and (iii) the measures taken to strengthen the capacity and expand the reach of the Labour Inspectorate and the results achieved terms of the number of children engaged in child labour identified, including in the informal economy, the number and nature of violations detected and penalties imposed.
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