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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sri Lanka (RATIFICATION: 1995)

Other comments on C087

Observation

Direct Request

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The Committee had previously requested the Government to provide its comments on the observations of the International Trade Union Confederation (ITUC) according to which, several peaceful strikes were violently suppressed by the police and the army in 2016 and 2017, leaving many workers injured, and alleging incidences of intimidation and threats of physical attacks, in particular against workers in Free Trade Zones (FTZs). It had further requested the Government to take measures to ensure that the use of excessive violence in trying to control demonstrations was prohibited, that arrests were made only where serious violence or other criminal acts have been committed, and that the police were called in a strike situation only where there was a genuine and imminent threat to public order. While noting the information describing in detail the legislative framework, which, according to the Government, provides for sufficient protection of fundamental rights, the Committee regrets the lack of comments on the 2016 and 2017 events described by the ITUC and the measures taken to prevent repetition of such acts by the police. The Committee therefore urges the Government to provide comments on the ITUC allegations as well as information on concrete steps taken in consultation with the social partners to ensure that the use of excessive violence in demonstrations is prohibited; that arrests are made only where serious violence or other criminal acts have been committed; and that the police are called in a strike situation only upon a genuine and imminent threat to public order.

The Committee had previously requested the Government to provide information on the progress made in reforming the National Labour Advisory Council (NLAC), in particular with regard to its handling of the issue of application of the Convention to workers in the FTZs. While noting the information provided by the Government on the reform of the NLAC, which would appear to be limited to adding representatives of trade unions, employers’ organizations and Government agencies, the Committee regrets that no information has been provided regarding the consideration by the NLAC of the issue of application of the Convention to workers in the FTZs. The Committee therefore urges the Government to indicate all measures taken to extend the protection of the Convention to workers in FTZs.

Article 2 of the Convention. Minimum age for trade union membership. In its previous observation, noting that the minimum age for admission to employment was 14 years and that the minimum age for trade union membership was 16 years (section 31 of the Trade Unions Ordinance), the Committee expressed the hope that the relevant provision would be amended to ensure that the minimum age for employment is the same as that for trade union membership. The Committee welcomesthe Government’s indication that the minimum age for working was increased from 14 to 16 years in January 2021 and that several legislative acts have been amended to reflect this new situation. The Government indicates that discussions on the amendment of section 31 of the Trade Unions Ordinance have commenced between the Department of Labour and the social partners. The Committee requests the Government to provide information on developments in this respect.

Articles 2 and 5. Right of public servants’ organizations to establish and join federations and confederations. The Committee had previously requested the Government to amend section 21 of the Trade Unions Ordinance so as to ensure that trade unions in the public sector may join federations of their own choosing, and that first-level organizations of public employees may cover more than one ministry or department in the public service. The Committee notes with regret that the Government reaffirms its previous position that there is no restriction on trade union membership for public sector workers other than staff officers. The Government explains that the current framework is conditioned by the need to strike a balance between aspirations of the trade union movement and politically motivated actions. The Committee once again emphasizesthe need to ensure that organizations of government staff officers may join federations and confederations of their own choosing, including those which also group together organizations of workers from the private sector, and that first-level organizations of public employees may cover more than one ministry or department in the public service. The Committee therefore urges the Government to take the necessary measures to amend section 21 of the Trade Unions Ordinance without further delay and to inform it of all developments in this regard.

Article 3. Dispute settlement machinery in the public sector. The Committee had previously expressed the hope that an appropriate mechanism for dispute prevention and settlement in the public sector would be developed soon. The Committee regrets that the Government makes no reference to the work on the mechanism for dispute prevention and settlement in the public sector that it previously carried out with the support of the Ministry of Public Administration and technical assistance from the ILO, and simply indicates that many venues exist for public sector workers to settle their disputes and seek remedies. The Committee therefore urges the Government to provide detailed information on the mechanisms for dispute prevention and settlement in the public sector.

Compulsory Arbitration. The Committee had previously requested the Government to take measures to amend section 4 (1) and (2) of the Industrial Disputes Act to ensure that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike was admissible only when the strike in question may be restricted, or even prohibited. The Committee notes the Government’s indication that the right to strike has been denied only upon ensuring fair treatment by way of compulsory arbitration. The Committee once again recalls that recourse to compulsory arbitration to bring an end to a collective labour dispute or a strike is permissible only: (i) if the dispute involves public servants exercising authority in the name of the State; (ii) in conflicts in essential services in the strict sense of the term; or (iii) in situations of acute national or local crisis. The Committee therefore urges the Government to take the necessary measures to amend section 4(1) and (2) of the Industrial Disputes Act in order to guarantee respect for this principle and to inform it of progress in this regard.

Article 4. Dissolution of Organizations by the Administrative Authority. The Committee had previously requested the Government to ensure that no withdrawal or cancellation of trade union membership by the administrative authority may take effect until a final judicial decision is handed down. The Committee takes due note of the Government’s indication that no decision to withdraw or cancel the registration of trade unions could be enforced until a final decision by the judiciary as it would amount to contempt of court by law.

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