CEARC's Concluding Observations to the State Parties' Submissions

Home , Balakot, Ghanool, Mohandri, Shohal Mazullah

Compiled for the DTW – New Delhi Office by Tehmina Abbas in May 2013

CEARC’s Concluding Observations to the State parties‘ submissions on the Minimum Age Convention, 1973 (No. 138)

ARTICLE 1: NATIONAL POLICY DESIGNED TO ENSURE THE EFFECTIVE ABOLITION OF CHILD LABOUR

Direct Requests & Observations and relevant responses in State reports for: Pakistan and Sri Lanka

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation. [Please refer to Observation (CEACR) adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that a national Time-bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16 had been drafted in consultation with the stakeholders. It also noted the implementation of several ILO–IPEC projects, including projects entitled “Activating media to combat worst forms of child labour 2006–09” and “Pakistan earthquake – Child labour response”, in addition to the expansion of the national project for the rehabilitation of child labourers. It requested the Government to provide information on the impact of these projects.

The Committee notes the information in the Government’s report that the ILO–IPEC project entitled “Combating abusive child labour II” has been launched. The objective of this project is the elimination of child labour, and two districts have been selected to pilot the project. The main activities of the project include: (i) establishing the Federal Child Labour Unit, and Provincial Child Labour Units, to increase institutional capacity to monitor the implementation of the national child labour programme; (ii) th e creation of provincial and district coordination committees on child labour; (iii) withdrawing and rehabilitating child labourers in the districts of implementation; and (iv) sensitizing the community to child labour issues. The Committee also notes the ILO–IPEC information that the project “Activating media to combat worst forms of child labour” has been extended until the end of 2010.

The Committee further notes the information from the ILO–IPEC Technical Progress Report (TPR) of 10 March 2010 for the project entitled “Pakistan earthquake: Child labour response project” that 3,626 children were enrolled in rehabilitation centres through the project, and 632 children received vocational training. This TPR also indicates that between September 2009 and March 2010, ten seminars on child labour were conducted in target union councils. Participants included workers, employers and target community members (particularly the family members of working children). Over 700 individuals participated in these seminars organized in 24 rehabilitation centres of seven union councils (Kaghan, Mohandri, Kewai, Balakot, Ghanool, Shohal Mazullah and Garhi Habib Ullah). The TPR indicates that the project has contributed substantially to sensitizing the local communities on child labour issues. The Committee takes due note of this information, and requests the Government to continue to provide information on the concrete measures taken pursuant to the “Combating abusive child labour II” project, the “Activating media to combat worst forms of child labour” project and the “Pakistan earthquake – Child labour response” project. It also requests the Government to provide information on the status of the implementation of the national TBP 2008–16. Finally, it requests the Government to provide information on the impact of these initiatives, including the number of children reached through these programmes.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

The Committee notes the Government’s first report. It draws the Government’s attention to the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that in 1994, the Government signed a Memorandum of Understanding (MOU) with the ILO– IPEC aimed at the elimination of child labour and its worst forms. Under the MOU, about 50 action programmes were initiated targeting mainly the soccer ball industry (Sailkot), the carpet manufacturing industry (Gujranwala, Lahore), street children (Peshawar) and the surgical instruments industries (Sialkot). The Committee notes that approximately 25,000 children benefited from the above action programmes. It notes that in 2003, the ILO–IPEC launched a four-year project to support the National Time-bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. The project initiated ten action programmes to combat child labour in six hazardous sectors, such as the glass-bangle industry, surgical instruments manufacturing industry, tanneries, coalmining, scavenging/rag-picking and deep-sea fishing industry. Under these projects, a total of 11,800 children were provided with vocational training and health care. It also notes the following ILO – IPEC projects on child labour in the country:

– Two-year projects entitled, “Activating media to combat worst forms of child labour 2006–09”, and “Media products on child labour for radio 2007” were initiated to raise public awareness and motivate the general masses to take affirmative action against child labour.

– National project on the rehabilitation of child labour was expanded. The number of rehabilitation centres for child labourers were increased from 83 in 2004 to 151 in 2007. These centres provided free education, vocational training, clothing, footwear and stipend to former child workers between five and 14 years of age. At present 15,045 students are benefiting from primary education in these centres and 4,467 are admitted to government schools for further education.

– Combating Child Labour through Education and Training in the North West Frontier Province, Phase III (2009–11) which aims at strengthening the child labour unit in the Ministry of Labour, and developing a child labour monitoring and referral system.

– Child domestic work project: basic enabling education programme (non-formal) was implemented from 2005 to 2006, targeting 1,000 child domestic workers to be withdrawn and placed in a 12-month basic education enabling programme;

– “Elimination of worst forms of child labour from the glass-bangle industry in Hyderabad district (2005– 08)” and “Elimination of worst forms of child labour from tannery industries in Kasur district (2005)” was implemented to address the issue of child labour in these sectors.

– “Combating hazardous child labour in the TBP-selected sectors through the promotion of occupational safety and health awareness” was implemented from 2007 to 2008 to promote actions to prevent, reduce, remove and avoid safety and health hazards and risks and the harmful effects of work on children. Some three hundred children in the glass-bangle industry were provided with vocational training, and 4,750 children received health care while 50 children in the tanneries were provided with vocational training and 250 received health care.

– The ILO–IPEC earthquake project entitled “Pakistan earthquake – Child labour response” was implemented in 2006 for a period of three years which at the national level, aimed at mainstreaming child labour issues into the Government’s recovery and reconstruction policy and programmes, while at the district and community levels the key strategies were capacity building and direct action. The project targeted a total of 2,500 children engaged in child labour prior to the project, children who continued in child labour post earthquake and children at risk of being engaged in child labour.

The Committee notes the Government’s statement that a National Time-bound Programme (TBP) for the Elimination of the Worst Forms of Child Labour 2008–2016 has been drafted in consultation with the stakeholders. It further notes the Government’s information that a National Policy and Plan of Action to Combat Child Labour has been launched in 2000 which provides for: progressive elimination of child labour from all economic sectors; immediate withdrawal of children from the worst forms of child labour; preventing entry of under-aged children into the labour market through universalization of primary education and family empowerment; and rehabilitation of working children through non-formal education, pre-vocational training and skill development. The Committee notes, however, that in its direct request 2005, under Convention No. 182, the Committee had noted the information provided by the International Confederation of Free Trade Unions (ICFTU) that no funds were allocated for the National Policy and Plan of Action to Combat Child Labour. The Committee requests the Government to provide information on the impact of the abovementioned projects, including the number of children who were effectively prevented or withdrawn from child labour and its worst forms. It also requests the Government to indicate whether the necessary funds were allocated to the National Policy and Plan of Action to Combat Child Labour and to provide information on the concrete measures taken to eliminate child labour under this plan, as well as the TBP 2008–2016, and the results achieved.

SRI LANKA

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

The Committee notes the Government’s report. It also notes the communication of the National Trade Union Federation (NTUF) dated 22 July 2009 which indicates that the national legislation of Sri Lanka is in compliance with the provisions of the Convention.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee had previously noted that one of the objectives of the NPA 2004–08 was to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who were not attending an educational institution to vocational training school/centres, and sensitizing adults and children to the need to eliminate child labour and its adverse effects on the child. The Committee notes the Government’s information that the Ministry of Labour Relations and Manpower (MOLRM), and the Department of Labour (DoL) undertook various awareness-raising programmes during 2007–09 such as: (i) capacity-building programmes for law enforcement officers (18 programmes were conducted with a total of 540 participants); (ii) awareness-raising programmes for the social partners (112 programmes were conducted with a total of 7,840 participants); (iii) awareness-raising programmes for parents (156 programmes were conducted with a total of 5,680 participants); and (iv) awareness-raising programmes for school children (100 programmes were conducted with a total of 4,000 participants).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. 1. National Plan of Action for the Children of Sri Lanka 2004–08 (NPA 2004–08). The Committee notes the Government’s information that, during the period 2004–06, the Ministry of Labour Relations and Manpower (MOLRM) and the Department of Labour (DOL) carried out various programmes with the assistance of the ILO/IPEC and other relevant governmental and non-governmental agencies. It also notes that one of the objectives of the NPA 2004–08 is to reduce the incidence of child labour by strengthening the legal framework and enforcement mechanisms, increasing the intake of children over 14 years who are not attending an educational institution to vocational training school/centres, and sensitizing adults and children on the need to eliminate child labour and its adverse effects on the child. The Committee requests the Government to continue to provide information on the progress of the NPA 2004–2008 towards reducing child labour and eliminating its worst forms.

2. Awareness programmes. The Committee notes the Government’s information that the year 2006 was pledged as the “National Children’s year”. Various awareness raising programmes were carried out during 2006 focusing on preventing and eliminating child labour. These include: (a) encouraging 16,500 children of migrant workers to continue their education, by providing them with school equipment and food; (b) providing scholarships to 2,550 children of migrant workers; (c) providing various counselling, medical assistance to families and children, especially to 1,500 migrant families; (d) organizing awareness-raising campaigns among children at school on the importance of eliminating child labour; (e) distributing 1 million leaflets among school children on the elimination of child labour; (f) directing 800 children of Tsunami-affected families to formal education; (g) organizing various workshops, projection of films and exhibitions on the issues of health and safety of children. ARTICLE 2(1): SCOPE OF THE APPLICATION

Direct Requests & Observations and relevant responses in State reports for: Nepal

NEPAL

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that the Child Labour Act of 2000, which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It also noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee further noted the Government’s indication that although labour inspections showed a negligible incidence of child labour in the formal sector, this phenomenon was more likely to be prevalent in the informal sector.

The Committee once again notes the Government’s statement that it is very difficult to enforce the provisions of the Convention in the informal sector due to limited infrastructure and financial resources. The Committee also notes the information in the Report on the Nepal Labour Force Survey (of 2008), produced by the Central Bureau of Statistics, in conjunction with the ILO and United Nations Development Programme (UNDP), that 82 per cent of working children who are under the minimum age are engaged in agricultural occupations, most of whom perform this work outside of a formal labour relationship and on an unpaid basis (page 139). Moreover, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Nepal of 1 and 3 February 2012 entitled “Internationally recognized core labour standards in Nepal” that formal employment agreements account for only 10 per cent of all employment relations, so the Child Labour Act is not enforced for 90 per cent of employment relationships. This report further indicates that working children are mainly found performing informal economic activity in quarries and mines, domestic servitude, agriculture and portering. Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.

Repetition

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Child Labour Act which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government had been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO–IPEC Time- bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee had further noted the Government’s information that the Labour and Employment Poli cy of 2005 which spells out the policy of eliminating child labour would adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children were employed in the informal sector, the Committee had requested the Government to continue its efforts to enforce the minimum age provisions in the informal sector.

The Committee notes the Government’s indication that though the labour inspections show a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Conve ntion in the informal sector due to limited infrastructure and financial resources. To address this problem, the Government has split the Labour and Employment Promotion Department into the Foreign Employment Department and the Labour Department. The Committee notes the Government’s statement that the Labour Department which deals only with domestic labour issues has organized five workshops to strengthen the capacity of labour officers and factory inspectors to take up the issues of child labour seriously. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that measures will be adopted very soon under the Labour and Employment Policy of 2005 with a view to abolishing child labour both in the formal and the informal sectors. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. It requests the Government to provide information on this subject. The Committee finally requests the Government to provide information on any progress made following its discussions with the social partners for the improvement of the Child Labour Act, in particular the application of the minimum age provisions in the informal sector ARTICLE 2 (2): MINIMUM AGE FOR ADMISSION TO EMPLOYMENT OR WORK

Direct Requests & Observations and relevant responses in State reports for: Pakistan and Sri Lanka

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) – adopted 2010, published 100th ILC session (2011) C138 – Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 2(2). Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Pakistan specified 14 years as the applicable minimum age. The Committee also noted that a draft Employment and Service Conditions Act 2009 had been elaborated and that pursuant to section 16(a) of this draft Act, the employment of a child who has not attained 14 years of age is prohibited.

The Committee notes an absence of information in the Government’s report with regard to progress made towards the adoption of the draft Employment and Service Conditions Act 2009. The Committee requests the Government to take the necessary measures to ensure that the draft Employment and Service Conditions Act 2009, which prohibits the employment of a child below 14 years of age, is adopted in the near fu ture and to provide a copy once adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 2, paragraph 2. Minimum age for admission to employment or work. The Committee notes that at the time of ratification, Pakistan specified 14 years as the applicable minimum age. Accordingly, it notes that, by virtue of sections 2 and 3 of the Employment of Children Act 1991, no child below the age of 14 years shall be employed or permitted to work in any of the occupations and processes listed in Part I and Part II of the Schedule of the Employment of Children Act which provides a detailed list of (six occupations and 14 processes) the types of work prohibited to children. The Committee further notes that a draft Employment and Service Conditions Act 2009 has been elaborated, which, once adopted, will repeal the Employment of Children Act 1991. According to section 16(a) of the draft Employment and Service Conditions Act 2009, the employment of a child who has not attained 14 years of age is prohibited.

The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. SRI LANKA

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 2(2) of the Convention. Minimum age for admission to employment or work. The Committee had previously noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and that steps were being taken to consult relevant organizations/parties concerned. The Committee requests the Government to indicate whether any amendment raising the minimum age for employment to 16 years has been made. In this regard, the Committee would like to draw the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office, in case any amendment to the national legislation raising the minimum age for admission to employment or work to 16 years has been made. ARTICLE 2 (3): COMPULSORY EDUCATION

Direct Requests & Observations and relevant responses in State reports for: Pakistan and Sri Lanka

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 2(3). Age of completion of compulsory education. The Committee previously noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC) of 19 March 2009 (CRC/C/PAK/3-4, paragraph 361) that three of the four provinces, Federally Administered Areas (Punjab, North-West Frontier Province and Sindh) and the Islamabad Capital Territory have compulsory primary education laws. It also noted that the Islamabad Capital Territory Compulsory Primary Education O rdinance 2001, and the Punjab Compulsory Primary Education Act 1994, provide that parents shall ensure that their children attend primary school until the completion of their primary education. However, the Committee observed that, due to the definitions of “primary education” and “child”, compulsory education could finish between the ages of 10–14. The Committee underlined the desirability of ensuring compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), and encouraged the Government to take measures in that regard.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the CRC, in its concluding observation of 19 October 2009, expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The CRC further expressed concern that nearly 7 million of the estimated 19 million primary school- age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3-4, paragraph 78). The Committee expresses its deep concern at the significant number of children under the minimum age who are not attending school. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment (of 14 years), and to ensure that, in practice, children are attending school. In this regard, it requests the Government to provide information on the measures taken to increase school enrolment rates and reduce school drop-out rates, and on the results achieved.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 2, paragraph 3. Compulsory education. The Committee notes that according to the information provided by the Government in its report to the Committee on the Rights of the Child of 19 March 2009 (CRC/C/PAK/3-4, paragraph 361), three of the four provinces, Federally Administered Areas (Punjab, North- western Frontier Province and Sindh) and the Islamabad Capital Territory have compulsory primary education laws. It notes that the Islamabad Capital Territory Compulsory Primary Education Ordinance 2001, and the Punjab Compulsory Primary Education Act 1994, provide that parents shall cause their children to attend primary school until the completion of their primary education. The Committee observes that as per the definitions provided under the above laws, a “child” means any child whose age at the beginning of the school year is not less than five years and not more than ten years, and “primary edu cation” means education pertaining to all or any of the classes I to V. In principle, primary-school enrolment may take place at any age between five and ten years and hence there is no precise age of completion of compulsory education. Hence, compulsory education may finish between the ages of 10 and 14, the latter being the minimum age specified by the Government. The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, Sixth Session, Geneva, 1981, paragraph 140).

SRI LANKA

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 2(3). Compulsory education. The Committee had previously noted with interest the Government’s indication regarding its proposal to extend compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students normally attain 16 years of age. It had requested the Government to provide information on any developments in this regard.

The Committee notes the Government’s information that the Ministry of Education has taken steps to submit a Bill to the Parliament in respect of extending compulsory schooling up to 16 years of age. The Committee expresses the firm hope that the Bill extending compulsory schooling up to 16 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to supply a copy of the bill, once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is linked to the minimum age for admission to employment (14 years). It had also noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and steps were being taken to consult relevant organizations/parties concerned. The Committee had recalled that it considered it desirable to ensure compulsory education up to the minimum age for employment, as provided for under Paragraph 4 of Recommendation No. 146. The Committee notes with interest the Government’s statement that consultations were held at the ILO–IPEC Steering Committee on the issue of extending the compulsory schooling age which has been referred to the Ministry of Education and the National Child Protection Authority. It notes the Government’s indication that it is proposed to make compulsory schooling up to the end of senior secondary level or completion of grade 11, the year at which students will attain 16 years. The Committee requests the Government to provide information on any developments made in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the regulations passed by Parliament, the compulsory education age range is 5 to 14 years, which is li nked to the minimum age for admission to employment (14 years). It had noted the Government’s information that the Ministry of Labour Relations and Foreign Employment was considering the possibility of extending the age for admission to employment to 16 years and steps were being taken to consult relevant organizations/parties concerned. It had requested the Government to keep it informed of any eventual amendment to the legislation extending the age for admission to employment. The Committee notes the Government’s information that the matter has been referred to the Labour Reform Committee appointed under the National Labour Advisory Council, which is in the process of identifying the necessary amendments to the existing labour legislation in line with the current economic and national policies. The Committee recalls that it considers it desirable to ensure compulsory education up to the minimum age for employment, as provided for under paragraph 4 of Recommendation No. 146. The Committee requests the Government to provide information on any developments towards the possible extension of the age for admission to employment. It hopes that, in this framework, due consideration will be given to the Committee’s comments on the importance of linking the age of admission to employment to the age limit of compulsory education. ARTICLE 3(1): MINIMUM AGE FOR ADMISSION TO HAZARDOUS WORK

Direct Requests & Observations and relevant responses in State reports for: Nepal, Pakistan and Sri Lanka

NEPAL

1 Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - C138 - Minimum Age Convention, 1973 (No. 138) Nepal (Ratification: 1997)

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3(2) of the Child Labour Act prohibit the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee also noted the Government’s statement that the Child Labour (Prohibition and Regulation) Act, 2000, listed different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. In this respect, the Committee recalled that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.

The Committee notes the Government’s reference to the interim Constitution of 2007, and observes that article 22(5) of the interim Constitution of 2007 prohibits employing a minor in factories, mines or in any other such hazardous work. However, the Committee observes that the term “minor” is not defined in this legislation. In addition, the Committee notes an absence of information in the Government’s rep ort on measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to provide information on the definition of the term “minor” in article 22(5) of the interim Constitution of 2007. Moreover, recalling that pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take the necessary measures without delay to determine the types of hazardous work which are prohibited for persons under 18 years.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

1 International Labour Organization, Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) Minimum Age Convention, 1973 (No. 138) - C138 - Minimum Age Convention, 1973 (No. 138) Nepal (Ratification: 1997), http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NA ME,P11110_COMMENT_YEAR:3057714,103197,Nepal,2012, accessed 22 April 2013.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years.

Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee therefore once again reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance w ith Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee observed that these provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. However, the Committee noted that section 16(c) of the draft Employment and Service Conditions Act 2009 prohibited the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes). The Committee urged the Government to take the necessary measures to ensure that this draft legislation was adopted.

The Committee notes the information in the Government’s report that the Road Transport Workers Ordinance prohibits the employment of persons under 18 in road transport work. The Committee also notes that the Shops and Establishments Ordinance prohibits the employment of persons under 18 in night work. However, noting an absence of information from the Government on the status of the draft Employment and Service Conditions Act 2009, the Committee once again urges the Government to take the necessary measures to ensure that, in conformity with Article 3(1) of the Convention, this draft Act, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that article 11(3) of the Constitution states that “no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment”. It also notes that sections 2 and 3 of the Employment of Children Act of 1991 provide that children under 14 years of age shall not be employed in the occupations listed in Parts I and II of the Schedule of the Employment of Children Act which provide a detailed list of the types of work that children under 14 years of age shall not perform. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. It further notes that night work between 7 p.m. and 8 a.m. is prohibited for children under 14 years of age under section 7 of the Employment of Children Act of 1991. The Committee observes that the above provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. The Committee notes, however, that according to section 16(c) of the draft Employment and Service Conditions Act 2009, the employment of a young person (defined as a person who has completed his 14th year but has not completed 18th year of age) in any of the occupations and processes listed in Parts I and II of the Schedule is prohibited. Part I of the Schedule contains four occupations and Part II contains 39 processes prohibited to children under 18 years. The Committee urges the Government to take the necessary measures to ensure that the draft Employment and Service Conditions Act 2009 is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

SRI LANKA

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), while containing a provision prohibiting young persons under 18 years of age from taking part in any public performances in which their lives or limbs are endangered (section 19), did not contain a general provision prohibiting children under 18 years of age from performing hazardous work. It had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed in hazardous work. The Committee notes with interest the Government’s information that the EWYPC Act, as amended by the Employment of Women, Young Persons and Children (Amendment) Act No. 24 of 2006 (EWYPC Amendment Act of 2006), provides that no person under the age of 18 years shall be employed in any hazardous occupation (section 20A). ARTICLE 3(2): DETERMINATION OF HAZARDOUS WORK

Direct Requests & Observations and relevant responses in State reports for: Nepal, Pakistan and Sri Lanka

NEPAL

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3(2) of the Child Labour Act prohibit the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee also noted the Government’s statement that the Child Labour (Prohibition and Regulation) Act, 2000, listed different job s, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. In this respect, the Committee recalled that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.

The Committee notes the Government’s reference to the interim Constitution of 2007, and observes that article 22(5) of the interim Constitution of 2007 prohibits employing a minor in factories, mines or in any other such hazardous work. However, the Committee observes that the term “minor” is not defined in this legislation. In addition, the Committee notes an absence of information in the Government’s report on measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to provide information on the definition of the term “minor” in article 22(5) of the interim Constitution of 2007. Moreover, recalling that pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations o r by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take the necessary measures without delay to determine the types of hazardous work which are prohibited for persons under 18 years.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it w ill contain full information on the matters raised in its previous direct request, which read as follows:

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to youn g persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years.

Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee therefore once again reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less th an 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

SRI LANKA

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 3(2). Determination of hazardous work. The Committee had previously noted the Government’s indication that a revised list of types of hazardous work prohibited to children under 18 years will be adopted by Parliament very soon. The Committee notes with satisfaction that the Regulation concerning the list of types of hazardous works prohibited to children under 18 years was adopted by Parliament and came into force on 20 August 2010.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted the Government’s information that section 20A of the EWYPC Act, as amended by the EWYPC Amendment Act of 2006, provides that hazardous occupations in which persons under 18 years are prohibited to work shall be prescribed by the Minister taking into consideration the nature or circumstances in which the occupation is being carried out and the harm that may be caused as a result thereof to the health, safety or morals of children. It had also noted the Government’s statement that section 20A of the EWYPC Act, as amended, empowers the MOLRM to gazette the regulations on hazardous employment. The Committee notes th e comments made by the NTUF that the subcommittee of the Tripartite National Steering Committee appointed by ILO–IPEC has identified 25 occupations as harmful to children. The Committee notes the Government’s statement that this list is currently being revised by the steering committee following the observations made by the representatives of the National Labour Advisory Council (NLAC). The Government further states that this list shall come into force when it is gazetted in the Government Gazette as regulations under section 20A of the Employment of Women, Young Persons and Children Act and after adoption in the Parliament. The Committee hopes that the list containing the types of hazardous work prohibited to children under 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in adopting this list, and to provide a copy thereof as soon as it has been adopted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the subcommittee appointed on 22 November 2001 by the Tripartite National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (ILO/IPEC) identified the categories of work that may be determined as hazardous. Amongst these, there were 50 types of hazardous work or occupations, including: work in slaughterhouses; heavy manual work in construction and demolition; work with explosives; underground work; and melting of metal and manufacture of glass. It had noted the Government’s information that the EWYPC Act would be amended in order to introduce the regulations establish ing types of hazardous work. In this regard, the Ministry of Labour Relations and Foreign Employment was in the process of formulating the new regulations with the assistance of the Legal Draftsman. The Committee had requested the Government to keep it informed of the adoption of the regulations establishing the types of hazardous work prohibited for children under 18 years of age and to supply a copy thereof as soon as they had been adopted. The Committee notes the Government’s information that section 20A of the EWYPC Act, as amended by the EWYPC Amendment Act of 2006, provides that hazardous occupations in which persons under 18 years are prohibited to work shall be prescribed by the Minister taking into consideration the nature or circumstances in which the occupation is being carried out and the harm that may be caused as a result thereof to the health, safety or morals of children. The Committee notes the Government’s information that section 20A of the EWYPC Act, as amended, empowers the Ministry of Labour Relations and Manpower to gazette the regulations on hazardous employment. The steering committee appointed under the subcommittee appointed by the ILO/IPEC is in the process of finalizing the list of types of hazardous work which will be gazetted aft er receiving the approval of Parliament. The Committee hopes that the Government will adopt the list containing the types of hazardous work prohibited to children under 18 years in the near future. It requests the Government to provide information on any progress made in adopting this list, and to provide a copy thereof as soon as it has been adopted. ARTICLE 3(3): DETERMINATION OF HAZARDOUS WORK

Direct Requests & Observations and relevant responses in State reports for: Nepal and Pakistan

NEPAL

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee reminded the Government that Article 3(3) of the Convention only authorizes the employment or work of young persons between the ages of 16 and 18 years in hazardous work under specific conditions, namely that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes that section 32A(1) of the Labour Act (as amended in 2000), states that minors (defined as persons between 16 and 18 pursuant to section 2(i)) shall not be engaged in work without adequate directives about the concerned working areas or vocational training. Section 32A(2) states that p rovisions shall be as prescribed regarding adequate directives about the concerned working areas or vocational training to be given to minors pursuant to section 32A(1). The Committee requests the Government to indicate if provisions have been adopted concerning the required vocational training or instruction for persons between 16 and 18 as a precondition for work. Moreover, the Committee requests the Government to provide information on the measures taken to ensure that persons between 16 and 18 years are only permitted to perform hazardous types of work if their health, safety and morals are fully protected.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

2 Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - C138 - Minimum Age Convention, 1973 (No. 138) Nepal (Ratification: 1997)

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee had reminded the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing

2 International Labour Organisation, Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010), Minimum Age Convention, 1973 (No. 138) - C138 - Minimum Age Convention, 1973 (No. 138) Nepal (Ratification: 1997), http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NA ME,P11110_COMMENT_YEAR:2317180,103197,Nepal,2009, accessed 22 April 2013. hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

PAKISTAN

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee reminds the Government that Article 3(3) of the Convention authorizes, under strict conditions, respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention. ARTICLE 4: EXLCUSION FROM THE APPLICATION OF THE CONVENTION OF LIMITED CATEGORIES OF EMPLOYMENT WORK

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full inform ation on the matters raised in its previous direct request, which read as follows:

Repetition

[ Please refer to Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. It also noted that section 16(c) of the draft Employment and Service Conditions Act 2009 contains a similar provision of excluding family enterprises from its scope. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned , where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requested the Government to indicate whether it intended to avail itself of the possibility provided in this Article.

The Committee notes an absence of information on this point in the Government’s report. Therefore, the Committee once again requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 4. Exclusion from the application of the Convention of limited categories of employment or work . The Committee notes that section 3 of the Employment of Children Act 1991, excludes from its scope work in family establishments. It also notes that section 16(c) of the draft Employment and Service Conditions Act 2009, contains a similar provision of excluding family enterprises from its scope. The Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4(2) each Member which ratifies the Convention shall list in its first report, which it is bound to submit under article 22 of the Constitution of the International Labour Organization, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard. ARTICLE 6: VOCATIONAL TRAINING AND APPRENTICESHIP

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Repetition

[Please refer to Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 3 of the Employment of Children Act 1999, concerning the prohibition of work for persons under the age of 14 in certain processes, did not apply to work performed in the context of schools established, assisted or recognized by the Government. The Committee requested the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

The Committee notes that section 3 of the draft Employment Conditions and Services Act 2009 defines an apprentice as a person who is employed (whether for the payment of wage s or not) for the purpose of being trained in any trade, craft or employment. However, this legislation does not appear to prescribe a minimum age for admission to such training. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. The Committee therefore requests the Government to indicate the minimum age applicable for admission to apprenticeships.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 6. Vocational training and apprenticeship. The Committee notes that section 3 of the Employment of Children Act 1991, allows exemptions to work done by children of not less than 14 years of age in schools established, assisted or recognized by the Government. It notes the Government’s reference to sections 7 and 13 of the Employment of Children Act 1991, which prescribes the number of hours of work and rules for the health and safety of children employed or permitted to work in any establishment or class of establishments. According to subsections (2) and (3) of section 7 of the Employment of Children Act, 1991, no child shall work for more than three hours before he has an interval of at least one hour for rest, and the work shall not exceed seven hours a day, inclusive of rest period. The Committee observes that section 7 of the Employment of Children Act 1991, refers to a “child” defined as a person younger than 14 years under section 2, and does not directly relate to vocational education and apprenticeships. The Committee notes, however, that acc ording to section 8 of the draft Employment Conditions and Services Act 2009, the provisions prescribing the hours of work refer to “young person” defined as a person who has completed 14 years but has not completed 18 years of age. The Committee requests the Government to indicate whether the conditions and rules laid down under sections 7 and 13 of the Employment of Children Act 1991, apply to children and young persons working in vocational schools and training institutions. It also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships and on the conditions of their work. ARTICLE 7: LIGHT WORK

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full inform ation on the matters raised in its previous direct request.

Repetition

[Please refer to Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 7. Light work. The Committee previously noted that there were no legal provisions allowing or regulating light work for children of 12 to 14 years. It noted, however, that according to the statistical data of the ILO (based on the national child labour survey conducted in 1996 by the Federal Bureau of Statistics) about 3.3 million children between the ages of 5 and 14 are economically active in Pakistan. It requested the Government to indicate the measures taken or envisaged to determine light work activities that may be carried out by young people aged between 12 and 14.

The Committee notes that pursuant to section 3 of the Employment of Children Act 1991, work for children (persons under 14 years of age) is prohibited in certain occupations and processes. It also notes that sections 7(2) and 7(3) of the Employment of Children Act, 1991, provide that children shall not work for more than three hours without a one-hour break, and that this work shall not exceed seven hours a day, inclusive of the rest period. However, the Committee observes that this legislation does not appear to prescribe a minimum age for this work permitted to children. The Committee therefore reminds the Government that, by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of light work is only permitted from the age of 12 years.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 7. Light work. The Committee notes the Government’s information that there are no legal provisions allowing for light work for children of 12 to 14 years. It notes, however, that according to the statistical data of the ILO (based on the National Child Labour Survey conducted in 1996 by the Federal Bureau of Statistics) in Pakistan about 3.3 million children between the ages of five and 14 are economically active. In this regard, the Committee recalls that, by virtue of Article 7(1) and (4) of the Convention, national legislation may permit the employment of persons of 12 to 14 years of age on light work provided that such work is not likely to be harmful to their health or development, and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under the terms of Article7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such work may be undertaken. Consequently, the Committee requests the Government to indicate the measures taken or envisaged with regard to the provisions determining what constitutes light work and the conditions under which such employment or work may be carried out by young people aged between 12 and 14. ARTICLE 8: ARTISTIC PERFORMANCES

Direct Requests & Observations and relevant responses in State reports for: Nepal

NEPAL

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 8 of the Convention. Artistic performances. The Committee previously noted that section 6 of the Child Labour Act of 2000 stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It noted the Government’s indication that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that no effort had been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future.

The Committee once again notes an absence of information on this point in the Government’s report. In this regard, the Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee requests the Government to provide information on whether, in practice, children under the age of 14 participate in artistic performances. If so, the Committee once again requests the Government to take the necessary measures to ensure that children under 14 years of age who participate in artistic performances do so only on the basis of individual permits granted by the competent authority, which limit the number of hours of, and prescribe the conditions for, such authorized work, in conformity with Article 8 of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It had noted the Government’s information that such performances are of a short duration a nd are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee once again requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention. ARTICLE 9(1): PENALTIES

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Article 9(1) and Part III of the report form. Penalties and the labour inspectorate. The Committee previously requested the Government to provide information on the practical application of the penalties provided for in section 14 of the Employment of Children Act 1991. It also requested the Government to indicate any measures adopted to strengthen the labour inspectorate, particularly in the informal sector.

The Committee notes an absence of information on these points in the Government’s report. However, the Committee notes the information in a 2008 report on the worst forms of child labour in Pakistan, available on the website of the Office of the United Nations High Commissioner for Refugees ( www.unhcr.org), that enforcement of child labour legislation is weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption. This report also indicates that, while authorities cite employers for child labour violations, the penalties imposed are generally too minor to act as a deterrent. The Committee also notes that the CRC, in its concluding observations of 15 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduces the likelihood of investigations into reports of child labour, and hinders the prosecution, conviction or punishment of those responsible (CRC/C/PAK/CO/3-4, paragraph 88). The Committee expresses its concern at the lack of capacity of the labour inspectorate to effectively monitor the legislation giving effect to the Convention and therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspectorate in this regard, including through the allocation of additional resources. It also requests the Government to take the necessary measures to ensure that persons who violate the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. In this respect, the Committee requests the Government to provide information on the number and nature of violations relating to the employment of children and young people detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 9, paragraph 1. Penalties. The Committee notes that, as per section 14 of the Employment of Children Act 1991, whoever employs any child or permits any child to work, in contravention of the provisions of section 3, shall be punishable with imprisonment for a maximum term of one yea r, or with a fine of not exceeding 20,000 rupees or both. The Committee requests the Government to provide information on the application of this penalty in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed. ARTICLE 9(3): KEEPING OF REGISTERS

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information that, by virtue of section 11 of the Employment of Children Act 1991, every employer shall maintain a register in respect of children employed or permitted to work in any establishment, indicating their name, date of birth, nature of work and hours and periods of work. It also notes that Rule 5 of the Employment of Children Rules 1995 prescribes the form of the register, and requires that the information be kept for three years and the register be always kept available for the labour inspector. PART III OF THE REPORT FORM: LABOUR INSPECTORATE

Direct Requests & Observations and relevant responses in State reports for: Pakistan

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes an absence of information on these points in the Government’s report. However, the Committee notes the information in a 2008 report on the worst forms of child labour in Pakistan, available on the website of the Office of the United Nations High Commissioner for Refugees (www.unhcr.org), that enforcement of child labour legislation is weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption. This report also indicates that, while authorities cite employers for child labour violations, the penalties imposed are generally too minor to act as a deterrent. The Committee also notes that the CRC, in its concluding observations of 15 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduces the likelihood of investigations into reports of child labour, and hinders the prosecution, conviction or punishment of those responsible (CRC/C/PAK/CO/3 -4, paragraph 88). The Committee expresses its concern at the lack of capacity of the labour inspectorate to effectively monitor the legislation giving effect to the Convention and therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspectorate in this regard, including through the allocation of additional resources. It also requests the Government to take the necessary measures to ensure that persons who violate the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. In this respect, the Committee requests the Government to provide information on the number and nature of violations relating to the employment of children and young people detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Part III of the report form. Labour inspectorate. The Committee notes that section 17 of the Employment of Children Act 1991 provides for the appointment of labour inspectors for the purpose of securing compliance with the provisions of this Act. According to section 9 of the Employment of Children Act 1991, any employer who employs a child or permits a child to work in any establishment shall, within 30 days from the date of commencement of such work, send a notice to the labour inspector indicating the name and address of the establishment, the name of the person in actual management of the establishment, and the nature of the occupations carried out in the establishment. The Committee notes the Government’s information that the labour inspectorates of the provincial governments carry out inspections to ensure observance of laws at the workplace, and if any violations are detected these inspectors are authorized to lodge cases against the employers in the court of competent jurisdiction. The Committee notes the statistical information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), on inspections carried out during the period 2005–07 regarding compliance with the Employment of Children Act 1991. According to this data, in 2005, 49,547 inspections were carried out which resulted in 24,000 penalties and 167 convictions; in 2006, 9,286 inspections were carried out which resulted in 6,300 penalties and 81 convictions; and in 2007, 322 inspections were carried out, which resulted in 1,637 cases still pending before the courts. The Committee requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspectorate, particularly in the informal sector. It also requests the Government to continue to provide information on the labour inspections carried out and the results of the findings. PART V OF THE REPORT FORM: APPLICATION OF THE CONVENTION IN PRACTICE

Direct Requests & Observations and relevant responses in State reports for: Nepal, Pakistan and Sri Lanka

NEPAL

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the Department of Labour has been making efforts to enforce the provisions of the Convention. The Government indicates that the Ministry of Local Development has begun a child-friendly local governance programme, which has the elimination of child labour as one of its main components. The Committee also notes that an ILO–IPEC project was launched in the country in 2011 in order to support the implementation of Nepal’s National Master Plan on the Elimination of Child Labour of 2011–20. The Committee further notes the Government’s statement that due to the awareness programmes implemented by the Government through Radio Nepal, there has been a decrease in child labour, as indicated in the Nepal Labour Force Survey. In this regard, the Committee notes the information in the Report on the Nepal Labour Force Survey that the percentage of children between the ages of 5 and 14 who were economically active has declined from 40.9 per cent in 1998–99 to 33.9 per cent in 2008.

Nonetheless, the Committee notes the information in the Report on the Nepal Labour Force Survey that there remain approximately 2,111,000 children between 5 and 14 who are economically active. This Report further indicates that 13.4 per cent of children between the ages of 5 and 9, and 52.7 per cent of children between the ages of 10 and 14, are economically active. In addition, the Committee notes that the Committee on the Elimination of Discrimination Against Women, in its concluding observations of 11 August 2011, expressed concern about the high rate of child labour in the country, particularly among girls between the ages of 8 and 14 (CEDAW/C/NPL/CO/4-5, paragraph 29). The Committee therefore expresses its deep concern at the significant number of children under the minimum age who are engaged in child labour in Nepal, and urges the Government to pursue its efforts, including within the framework of the National Master Plan on the Elimination of Child Labour and in collaboration with the ILO–IPEC with child friendly, gender sensitive programming, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved. It also requests the Government to provide a copy of the National Master Plan on the Elimination of Child Labour, with its next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

[Please refer to Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) below]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) – Nepal

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee also notes the Government’s indication that the Ministry of Labour and Transport Management implemented five programmes on skill development and awareness raising focused on guardians of children who were employed from which 250 guardians benefitted.

The Committee further notes the Government’s information that within the framework of the ILO –IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education , together with income generating support to these families up to May 2009. The Committee also notes that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

PAKISTAN

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

[Please refer to Observation (CEACR) - adopted 2010, published 100th ILC session (2011) below]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011) C138 - Minimum Age Convention, 1973 (No. 138) – Pakistan

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that, according to the National Child Labour Survey conducted in 1996, of the 3.3 million children aged between 5–14 years who were economically active on a full-time basis, 46 per cent worked 35 hours per week, while 13 per cent worked for 56 hours or more per week. The Committee requested the Government to provide recent statistical data on the application of the Convention in practice.

The Committee notes the information in the Government’s report that, pursuant to the “Combating abusive child labour II” project, a second national survey on child labour will be undertaken. The Committee also notes that the CRC, in its concluding observations of 15 October 2009, expressed concern that the prevalence of child labour is extremely high and has increased in recent years due to growing poverty (CRC/C/PAK/CO/3 -4, paragraph 88). The Committee expresses its concern at the high number of working children under the minimum age in Pakistan and therefore urges the Government to redouble its efforts to improve this situation, including through continued cooperation with ILO–IPEC. It also requests the Government to provide, in its next report, information from the second national survey on child labour.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Pakistan

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the National Child Labour Survey, conducted in 1996 by the Federal Bureau of Statistics, about 3.3 million children (73 per cent boys and 27 per cent girls) aged between 5–14 years were economically active on a full- time basis. Children’s contribution to work in rural areas was about eight times greater than in urban areas. Rural children were mostly found engaged in the agricultural sector (74 per cent) whereas in urban areas, most working children (31 per cent) were engaged in the manufacturing sector. A considerable proportion of working children in the 5–14 age group (46 per cent) worked 35 hours per week, while 13 per cent worked for 56 hours or more per week. While noting the Government’s efforts to combat child labour, the Committee must express its concern over the number of children under the age of 14 years who are compelled to work, and therefore strongly encourages the Government to redouble its efforts to progressively improve the situation of child labour in the country. It requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.

SRI LANKA

Observation (CEACR) - adopted 2011, published 101st ILC session (2012) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Child Activity Survey conducted by the Department of Census and Statistics has been completed, and the report is yet to be published. It further notes from the Government’s report that according to the Women and Children’s Affairs Division, Department of Labour, in 2010, 179 complaints on child labour were received, out of which 17 cases were filed in the courts, two cases were settled, and ten cases were being heard. Likewise, during the first six months of 2011, 81 complaints were received, out of which six cases were filed in the court and are being heard. It also notes that in 2010, nine cases of child labour were reported with the National Child Protection Authority, and investigations are pending for three cases. The Committee observes that, while several complaints on child labour were registered at the Department of Labour, only very few cases have been subject to prosecution. In this regard, the Committee requests the Government to take the necessary measures to ensure the effective enforcement of the provisions of the Convention, and accordingly requests the Government to strengthen its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee also requests the Government to continue providing information on the number and nature of violations detected, involving children, as well as the convictions and penalties imposed for such violations. It further requests the Government to supply a copy of the Child Activity Survey report, once it has been published.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s indication that the MOLRM, had asked for technical assistance from the ILO–IPEC for undertaking a child labour survey in the latter half of 2007. It had also noted that the ILO–IPEC Steering Committee had approved this survey which was proposed to be conducted through the Department of Census and Statistics (DCS). The Committee notes the Government’s statement that the DCS has already completed the collection of data and is currently in the process of tabulating the data and preparing the report. The Committee also notes the data provided by the Government on the number of complaints on child labour registered in the Women and Children’s Affairs Division of the Department of Labour. According to this data, in 2007–08, there were 159 complaints on child labour, out of which 29 cases were settled and 130 cases are being heard. The Committee requests the Government to supply a copy of the Child Labour Survey Report as soon as it becomes available. It also requests the Government to continue to supply extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008) C138 - Minimum Age Convention, 1973 (No. 138) - Sri Lanka

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistics of the Women and Children’s Affairs Division of the DOL, 96 inspections were carried out in 2005 and 120 in 2006 concerning child labour. Moreover, 23 cases were filed in 2005 and 20 in 2006 regarding child labour violations. The Committee also notes the Government’s information that the MOLRM, having recognized the necessity of carrying out a child labour survey, has asked for the technical assistance of the ILO/IPEC for undertaking the Survey in the latter half of 2007. The issue was approved by the ILO/IPEC Steering Committee. Terms of Reference have been prepared for the Child Labour Survey. It is proposed to conduct the survey through the Department of Census and Statistics. The Committee requests the Government to provide a copy of the child labour survey as soon as it becomes available. It also requests the Government to continue supplying extracts from the reports of inspections services, and information on the number and nature of violations detected involving children.