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The Committee notes the Government’s report.

In its previous observation, the Committee had asked the Government to take measures to amend the legislation or enact new legislation ensuring that self-employed persons engaged in agriculture enjoyed the same rights of association, including the right to strike, as industrial workers. The Committee notes the Government’s indication, in this respect, that farmers as self-employed workers are not covered by the Trade Unions Ordinance of 1935, which lays down the right to association of “workmen”, but that they may form farmers’ organizations in line with the provisions of Agrarian Services (Amendment) Act, No. 4 of 1991. The Committee notes that, according to section 56(A)(4) of the latter, the purposes of a farmers’ organization include, inter alia: the formulation and implementation of agricultural programmes; the carrying out of village-level construction work; the marketing of produce; the promotion of cooperation with government organizations; and engaging in any other activity approved by the Commissioner as being beneficial to the farming community. The Committee further notes that the objectives of a trade union, as set out in section 2 of the Trade Unions Ordinance, include the regulation of relations between workmen and their employer, the representation of workmen in trade disputes and the promotion and organization of strikes. In this regard, the Committee observes that farmers’ organizations would appear not to enjoy the same association rights as those provided for in the Trade Unions Ordinance, particularly the right to represent members in disputes and the right to engage in strikes. In these circumstances, the Committee requests the Government to take the necessary steps to ensure for self-employed farmers the same association rights, including the right to represent members and the right to strike, that industrial workers are accorded under the Trade Unions Ordinance of 1935.

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The Committee notes the information provided in the Government’s report, as well as the observations made by the Lanka Jathika Estate Workers’ Union (LJEWU).

In its previous comments, the Committee noted the important gap in the legislation in the fact that self-employed persons engaged in agriculture were not covered by the Trade Union Ordinance (TUO), 1935, as amended, and requested the Government to take appropriate measures to modify existing laws or enact new ones in relation to such workers in the agricultural sector and their right to establish organizations, like industrial workers.

The LJEWU indicates in its latest observations that the majority of the agricultural workers are small farmers operating fragmented smallholdings, sharecroppers and landless labourers. There is no existing legislation covering these agricultural workers who cannot be registered either under the TUO or the Societies Ordinance. The LJEWU states that the nearest concept to rural workers’ organizations that they experience in their country is the grouping of rural workers under the cooperative system. They add that the Department of Cooperative Development, in collaboration with other government ministries and departments concerned, is playing a major role in organizing these rural workers. While this is not an ideal system, the LJEWU believes that it has the potential to be transformed into the ideal workers’ organization. At present, however, the cooperatives are undermined by state patronage and state control. They therefore strongly advocate that these cooperative societies be transformed into real workers’ organizations without any interference or outside control in their society affairs.

In its latest report, the Government indicates that it would be difficult to make provisions for organizations of self-employed, whether urban or rural. Their work relations, organization and objectives are different from industrial workers; thus any attempts to bring their organizations into line with organizations of industrial workers would be futile. They could organize themselves for furtherance of their occupations. The Government considers that organizations in line with cooperatives and societies could be established for the furtherance of their objectives, as stated by the LJEWU. It further indicates that such organizations have been set up; however, they are different from trade unions. According to the Government, however, in terms of protection and furtherance of the objectives of the persons involved, such organizations would be more effective.

The Committee takes due note of this information. It recalls that Article 1 of the Convention provides that all those occupied in agriculture should have the same rights of association as industrial workers. This provision does not mean, however, that agricultural workers must necessarily be covered by the same provisions applicable to industrial workers in respect of the right to organize for the furtherance and defence of their interests, but rather that this right is duly and equally guaranteed for those occupied in agriculture as for industrial workers. The Committee would draw the Government’s attention to the availability of ILO technical assistance for reviewing the national legislation and facilitating the search for appropriate solutions to ensure this right. It requests the Government to indicate in its next report the measures taken or envisaged to amend relevant legislation or enact new legislation ensuring that those engaged in agriculture enjoy the same rights of association and combination, including the right to strike, as industrial workers. This should also apply to those who are not in the plantation sector.

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The Committee notes the information supplied by the Government in its report. It also takes note of the comments supplied by the Lanka Jathika Estate Workers' Union, received in May 1999, on the poverty and the sad situation of rural workers and the lack of workers' organizations in the agricultural sector.

The Committee recalls the information provided by the Government in its previous reports to the effect that agricultural workers in Sri Lanka can be categorized into two main sectors: the plantation sector and the non-plantation sector. The Government stated that the plantation workers were well organized and were members of long-established major trade unions. It indicated that the non-plantation workers were mostly self-employed and grouped under farmers' associations, that a few of them worked for wages often on a seasonal basis, and that they were poorly organized. In its latest report, the Government states that there is no restriction for self-employed to organize themselves but adds that no data is available to show the number of trade unions of self-employed or on their membership.

The Committee considers that there is an important gap in the legislation as self-employed persons engaged in agriculture are not covered by the Trade Union Ordinance, 1935, as amended, and that the Government should take appropriate measures to modify existing statutory laws or enact new laws in relation to agricultural workers and their right to establish organizations, like industrial workers, in order to comply with its obligation to respect and fully apply this Convention.

Therefore, the Committee asks the Government to provide in its next report detailed information on any legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

[The Government is asked to report in detail in 2000.]

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With reference to its previous direct requests, the Committee notes from the Government's latest report that no information is available at present concerning the right to organize with respect to self-employed workers in agriculture. In its report for the period ending 30 June 1992, the Government had indicated that, as self-employed agricultural workers were poorly organized, it was making efforts to promote greater organization among them. The Government is requested to indicate in its next report the measures taken to promote organization of self-employed agricultural workers and to provide any statistics available on the number of self-employed workers registered in workers' organizations and the number of collective agreements, if any, concluded by these organizations.

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The Committee takes note of the communication of the Ceylan Workers' Congress dated 7 July 1994 with regard to its previous comments. This organization points out the problems faced by self-employed workers in agriculture. The Committee requests the Government to provide it with a copy of the legislation which governs the right to organize of self-employed agricultural workers and to indicate the names and number of the organizations registered as well as their membership. The Committee recalls that according to the Convention, persons engaged in agriculture should have the same rights of association and combination than industrial workers.

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While noting the information provided by the Government in its report that specific efforts are being made to promote trade union rights with respect to self-employed workers in agriculture, the Committee would ask the Government to provide more details regarding the number of self-employed workers now registered in workers' organizations and the number of collective agreements, if any, among these organizations.