Texts of pending comments

The Committee had noted the observations of the ITUC received on 1 September 2019 alleging anti-union dismissals in a company and denouncing that anti-union discrimination and union-busting remain a major problem in the country, and had requested the Government to send its reply thereon. In the absence of information from the Government in this regard, the Committee reiterates its request.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Effective and expeditious procedures. For many years, the Committee has referred to the fact that, in practice, only the Department of Labour can bring cases concerning anti-union discrimination before the Magistrate’s Court and that there are no mandatory time limits for bringing cases before the Court. Recalling the importance of efficient and rapid proceedings to redress anti-union discrimination acts, the Committee had urged the Government to take the necessary measures to ensure that workers who are victims of anti-union discrimination can lodge a complaint before the judicial courts and had expressed the hope that the Industrial Disputes Act would be amended accordingly. The Committee notes that the Government once again indicates that the possibility for workers and trade unions to lodge complaints before the courts have been discussed for years at the National Labour Advisory Council (NLAC). Nevertheless, no consensus has been reached on this matter. The Government adds, on the other hand, that during the NLAC meeting held on 24 August 2021, the trade unions were requested by the Government to submit an alternate proposal in this regard and that once they submit a proposal, the Government will initiate a discussion on how to build consensus among stakeholders. The Committee takes due note of these elements. However, while highlighting that legislative reforms on labour issues should be done in consultation with the social partners and, as far as possible, be based on a tripartite consensus, the Committee underlines that it is ultimately the Government’s responsibility to take the decisions necessary for the fulfilment of the State's international commitments undertaken through the ratification of international labour Conventions. The Committee therefore urges the Government to take the necessary measures to amend the Industrial Disputes Act to grant trade unions the right to bring anti-union discrimination cases directly before the courts. The Committee additionally requests the Government to provide information on the number of cases of anti-union discrimination examined by the courts as well as to indicate the duration of proceedings and the sanctions or remedies imposed.

Article 4. Promotion of collective bargaining. Export processing zones (EPZs). The Committee had previously requested the Government to indicate the respective number of trade unions and employees’ councils established in the EPZs and to continue informing on the number of collective agreements concluded by trade unions in the EPZs and on the number of workers covered by them in comparison with the total number of workers employed in the sectors covered. Recalling previous ITUC observations regarding the refusal to recognise the right of unions to bargain collectively in the EPZs, the Committee had also encouraged the Government to continue to take measures to promote collective bargaining in the EPZs and requested it to provide information in this regard. The Committee notes the Government’s indication that with the start of the COVID-19 pandemic, the Government established a tripartite Task Force to find amicable solutions to the issues faced by workers and employers. The Government states that major trade unions representing workers in the EPZs were included in the Task Force that contributed to sort out many labour issues. The Committee had also noted the Government’s indication that the fact that only trade unions can engage in collective bargaining discourages the establishment of employee councils in the EPZs. In this regard, the Committee notes the Government’s indication that there are 35 trade unions and 123 employees’ councils in the EPZs. The Committee notes that the Government also indicates that since 2019 five collective agreements were concluded in the EPZs in the sectors of printing, rubber tires and tubes, personal care products and toiletries, and glassware products. These collective agreements cover respectively, 646 workers out of 2,577 workers employed in the sector of printing (25 per cent), 100 workers out of 1,663 workers in the sector of rubber tires and tubes (6 per cent), 515 out of 983 workers in the sector of personal care products and toiletries (52.3 per cent), and 480 out of 842 workers in the sector of glassware products (57 per cent). While taking due note of this information, the Committee observes that the number of employees’ councils is significantly higher than that of trade unions and that there is a limited number of collective agreements in force in EPZs. The Committee therefore requests the Government to intensify the measures taken to promote collective bargaining in the EPZs and to inform about the measures taken to ensure that employees’ councils do not undermine the position of trade unions. The Committee additionally requests the Government to continue to inform on the number of collective agreements concluded by trade unions in the EPZs, particularly in the clothing and textile sectors, and the number of workers covered by them in comparison with the total number of workers employed in this sector.

Representativeness requirements for collective bargaining. In its previous comments, the Committee had requested the Government to review section 32(A)(g) of the Industrial Disputes Act, according to which no employer shall refuse to bargain with a trade union that has in its membership not less than 40 per cent of the workers on whose behalf the trade union seeks to bargain. The Committee notes that the Government reiterates that this matter was discussed within the NLAC and that both the employers and major trade unions do not agree to reduce the threshold, as it would create more divisions in the workplace and dilute the trade union representation and bargaining power. The Government also reiterates that the 40 per cent threshold does not prohibit any unions from participating in collective bargaining as it is possible for trade unions to enter into collective agreements by federating with other minority trade unions. On the other hand, the Committee notes the Government’s indication that it is willing to consider the matter, but it cannot proceed due to the lack of consensus among stakeholders. Recalling that the ITUC had previously referred to cases where companies had refused to bargain collectively with unions that did not reach the 40 per cent threshold, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that the mentioned requirements should be designed in such a manner that they effectively promote the development of free and voluntary collective bargaining. Highlighting again that it is ultimately the Government’s responsibility to take the decisions necessary for the fulfilment of the State’s international commitments undertaken through the ratification of international labour Conventions, the Committee reiterates that it expects that the Government will take the necessary measures to review section 32(A)(g) of the Industrial Disputes Act in accordance with Article 4 of the Convention, in order to ensure that, if there is no union representing the required percentage to be designated as the collective bargaining agent, the existing unions are given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee requests the Government to provide information in this respect and reminds the Government that it may avail itself of the technical assistance of the Office.

Article 6. Right to collective bargaining for public service workers other than those engaged in the administration of the State. For many years, the Committee has referred to the fact that the procedures regarding the right to collective bargaining of public sector workers do not provide for genuine collective bargaining but rather establish a consultative mechanism. In this respect, the Committee notes that the Government reiterates that: (i) existing government structures do not require a collective bargaining system for public sector unions as trade unions have many venues to get their request fulfilled; (ii) there have been no requests from public sector trade unions to bargain collectively; and (iii) public sector workers are covered by a different set of laws which are more protective and they enjoy more benefits when compared to workers in the private sector. In this regard, the Committee recalls that to give effect to Article 6 of the Convention a distinction should be drawn between, on the one hand, public servants engaged in the administration of the State, who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee notes the Government’s indication that it welcomes any ILO technical study on this matter as proposed by the Office to determine the necessity of such a proposal. Given the above and considering that section 49 of the Industrial Disputes Act excludes state and government employees from the Act’s scope of application, the Committee reiterates its previous request to the Government to take the necessary measures to guarantee the right to collective bargaining of the public servants not engaged in the administration of the State so they can negotiate their conditions of work and employment. The Committee also trusts that the Government will avail itself of the technical assistance of the Office for this purpose.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.

Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.

Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.

Awareness-raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy.

Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.

Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee previously noted the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour laws must be applied without discrimination based on any ground. The Committee notes once again that the Government does not provide any information on the measures taken with respect to discrimination in employment and occupation based on caste. The Committee notes the Government’s statement, in its report, that this matter will be discussed with all relevant stakeholders with a view to exploring the possibility of amending the existing labour legislation or adopting a new legislation to address discrimination in employment. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee again requests the Government to provide information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes, and to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set as an explicit objective to create a central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, the Committee requests the Government to provide such information, once available. It also requests that the Government provide a copy of any recent study or survey assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.

Discrimination based on sex. Restriction on women’s employment. The Committee welcomes the Government’s statement that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. The Committee requests the Government to provide information on the status of the review process of the Shop and Office Employees Act regarding the hours of work of women, as well as any accompanying measures taken to protect the health and security of night workers.

Migrant women workers. The Committee notes that, in their last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Migrant Workers (CMW) expressed concern about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age, and which prevent women who have children with special needs from migrating to seek employment abroad (CEDAW/C/LKA/CO8, 3 March 2017, paragraph 38 and CMW/C/LKA/CO/2, 11 October 2016, paragraph 24). The Committee requests the Government to take the necessary steps to amend its national legislation in order to ensure equality of opportunity and treatment between men and women in employment and occupation, in particular of migrant women workers, and to provide information on any progress made in this regard.

Article 2. National equality policy. The Committee previously welcomed the adoption of the National Action Plan for the Protection and Promotion of Human Rights for 2011–16 which included “equal opportunities for all in both the public and private sectors” as an explicit objective and provided that discriminatory laws, policies and practices, should be identified and amended or repealed. While noting that the Government does not provide any information on the concrete measures taken to this end, the Committee notes that the new Human Rights Action Plan for 2017–21 providing “equal opportunities in employment and preventing direct and indirect discrimination” as an objective but that the scope has been reduced since it only provides that laws and regulations that discriminate against women in the workforce should be repealed. It further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), set as an objective ensuring “gender equality of employment opportunity and skill development”. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment of all workers in employment and occupation, including in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. Please also provide information on the results of any legislative and policy review conducted as a result of the previous Human Rights Action Plan and follow-up measures taken in this respect.

Access to vocational training and education. The Committee takes note of the statistical information provided by the Government on the enrolment of trainees from 2014–16, according to which women trainees represented 40 per cent of all trainees in 2016 (against 36 per cent in 2014). These statistics also show that women are entering in some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training as a higher proportion of women trainees are still concentrated in sectors such as beautician, hair stylist and tailor. While noting the Government’s indication that the Vocational Training Authority (VTA) encouraged women to join training in areas traditionally dominated by men, the Committee observes that while the number of women trainees increased in sectors such as high and heavy vehicle drivers, bakers and cooks, it decreased between 2015 and 2016 in other areas traditionally dominated by men such as plumbers, landscapists and jewellery-makers. It notes the Government’s indication that a social marketing campaign was conducted to increase women’s participation in tertiary vocational education training (TVET) programmes and that a Gender and Social Equity Framework for TVET has been created. The Government adds that attendance of trainees is being monitored in order to avoid them dropping out of class. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 provides for minimizing gender role stereotyping in formal education and increasing participation of girls and women in vocational and technical education, the Committee requests the Government to provide information on the concrete steps taken to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in areas traditionally dominated by men, including in the framework of the Gender and Social Equity Framework for tertiary vocational education training, and on any measures aimed at maintaining their attendance in school or in training institutes. The Committee requests the Government to continue to provide statistics, disaggregated by sex, on the enrolment of trainees.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, in 2016, the Department of Labour conducted three programmes for labour officers in order to raise awareness on equality issues among employers, with one programme being attended by 400 employers; as well as 25 programmes for workers relating to discrimination in employment. It however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the insufficient financial, physical and human resources of the Human Rights Commission; the limited number of labour officers and inspectors in the industrial and service sectors and the lack of dedicated resources for effective monitoring and inspections; and encouraged the Government to take into account the recommendations of the 2017 report of the United Nations Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 9, 10 and 29). Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets as explicit objectives guaranteeing the independence of the judiciary as well as to collect data on the number and types of complaints of discrimination, disaggregated by age, gender and ethnic origin of the victim, the Committee requests the Government to provide information on any steps taken to ensure that the judiciary is fully independent, as well as information on the number and content of any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted. It further requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Sri Lanka on 18 January 2017, 8 January 2019 and 26 December 2020, respectively. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Merchant Shipping Act of 1971, as amended (hereinafter, MSA), delegates to “the Minister”, inter alia, the adoption of regulations on qualifications of officers and seamen, the manning of ship and conditions of service. It also notes that the Government supplied a copy of the draft Merchant Shipping (Maritime Labour) Regulations, 2020 (hereinafter, draft MLC Regulations), which are aimed at giving effect to the Convention. The Committee requests the Government to provide information on any development in adopting the draft MLC Regulations, taking into account the points raised below. It also requests the Government to provide copy of the relevant text once adopted.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that regulation 50(16) of the draft MLC Regulations provides for a definition of “seafarer” in line with the Convention and excludes from the definition a list of persons, e.g. pilots, guest entertainers, marine surveyors, researchers, etc.. It notes in particular that regulation 50(16) excludes from the definition of seafarer, inter alia: “(l) any person [who] is employed or engaged or who works in any capacity on board a ship and who fulfils the following criteria set out in sub-paragraphs (i) and (ii) together with any one of the following criteria set out in sub-paragraphs (iii) and (iv): (i) his duration of stay on board that ship does not exceed 45 consecutive days; (ii) his working duration on board that ship in the aggregate does not exceed 4 months in any 12 month period; (iii) the nature of his work does not form part of the routine business of the ship; and (iv) the work he performs is ad-hoc, with his principal place of employment on-shore”. The Committee observes that regulation 50(16)(l) appears to exclude additional categories of persons (beyond the list of exclusions under (a)–(k) of the same regulation). The Committee requests the Government to explain the scope of regulation 50(16)(l) of the draft MLC Regulations and to provide examples of potential exclusions according to the same regulation. It also requests the Government to indicate if seafarers’ and shipowners’ organizations have been consulted in preparing this national determination, as required by Article II, paragraph 3.

Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that the MSA and the draft MLC Regulations apply to all Sri Lankan-flagged ships. It also notes that the draft MLC Regulations exclude from their scope of application ships to which the Merchant Shipping (Small Commercial Vessels) Regulations, 2017 apply; and ships to which the Ordinance No. 11 of 1907 applies (regulation 3(2)(e)(f)). While neither the Ordinance nor the Regulations are available at the Office, the Committee notes that the Code of Safety for Small Commercial Vessels engaged in Sri Lankan coastal waters (SCV Code), applies to: (i) commercial vessels that are cargo, or passenger vessels between 5 and 24 metres, which carry not more than 100 passengers or provide overnight accommodation for not more than twenty four passengers engaged in coastal waters of Sri Lanka; and (ii) pleasure vessels used for profit or reward. The Committee recalls that the Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial navigation (Article II, paragraph 4), regardless of their length or tonnage and the number of passengers carried. It also recalls that while ships navigating “exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply” are excluded by the scope of the Convention (Article II, paragraph 1(i)), the latter applies to ships navigating in coastal waters. The Committee accordingly requests the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including small commercial vessels navigating in coastal waters and pleasure vessels used for profit.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that under regulation 3(3)(a)–(c) of the draft MLC Regulations, “Where the Director General [of Merchant Shipping] determines from time to time that it would not be reasonable or practicable to apply any provision of these regulations, to any Sri Lanka ship, of less than 200 gross tonnage not engaged in international voyages, the Director General may exempt that ship, or particular categories of ships, either generally or for such time or such voyage as the Director General shall determine”. In granting any exemptions, he may impose such conditions on the concerned ships as he thinks fit. The conditions may include a requirement that the provisions of any other written law, or the terms of any seafarer’s employment agreement or collective agreement, or other measures, be complied with in lieu of any provision of these regulations or Part A of the Code of the MLC, 2006. The Committee notes that as currently drafted, regulation 3(3)(a)–(c) of the draft MLC Regulations is not fully in line with the Convention as long as: (i) the exemption provided by Article II(6) of the Convention may only concern “certain details of the Code” to the extent that the subject matter is dealt differently by national laws or regulations or collective agreements or other measures; and (ii) the determination by the competent authority shall be made in consultation with the shipowners and seafarers’ organizations concerned. The Committee requests the Government to take the necessary measures to ensure full conformity with Article II, paragraph 6 of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that under regulation 5(2)(b) of the draft MLC Regulations, the prohibition of night work for seafarers under 18 years of age does not apply where the specific nature of the duty or of a recognized training programme requires that the seafarer performs duties at night and the work to be carried out forms part of a list of trainings. The Committee requests the Government to indicate how such provision gives effect to Standard A1.1, paragraph 3(b) of the Convention, which additionally requires the determination by the authority, after consultation with the shipowners’ and seafarers’ organizations, that the work will not be detrimental to the health or wellbeing of the young seafarers.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that under regulation 8(2) of the draft MLC Regulations, a seafarer recruitment and placement service provider operating in Sri Lanka for providing national seafarers for national ships or foreign-flagged ships shall conform to the Standard A1.4 of the MLC, 2006. It further notes that regulation 8(5) and (11) of the draft MLC Regulations gives effect to Standard A1.4, paragraph 5(c)(vi), by providing for a system of protection by way of a bank guarantee. It observes, however, that the table in regulation 8(11) refers to seafarers placed on foreign ships. The Committee requests the Government to indicate how Standard A1.4, paragraph 5(c)(vi) is implemented with respect to seafarers recruited by seafarer recruitment and placement service providers operating in Sri Lanka to work on Sri Lankan-flagged ships.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that under regulation 11(6) of the draft MLC Regulations, the Director General may, in accordance with Standard A2.3 of the MLC, 2006 and section A-VIII/1 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), permit Sri Lanka ship an exception to the requirements on hours of rest. Such exceptions shall, as far as possible, follow the provisions of the Standard A2.3 of the MLC, 2006 but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages. The Committee requests the Government to indicate if any such exceptions have been authorized and, if so, to provide information on how they comply with Standard A2.3, paragraph 13 of the Convention.

Regulation 2.4, Standard A2.4, paragraph 2 and Guideline B2.4.1, paragraph 3. Entitlement to leave. Minimum paid annual leave. Calculation on a pro-rata basis. The Committee notes that under regulation 15(3) of the draft MLC Regulations, a seafarer who has served a shipowner for a period shorter than 12 months of continuous service in any year or in the event of termination of employment otherwise than for misconduct, shall be entitled to annual leave in proportion to the number of completed months of service in that year. The Committee recalls that Guideline B2.4.1, paragraph 3 of the Convention provides that for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis, regardless of the reason for the termination. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.4.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation Financial security. The Committee notes that under regulation 16(7) of the draft MLC Regulations, a ship shall not be operated unless, in the case of a Sri Lankan ship, there is in force a contract of insurance or other financial security adequate to ensure that the shipowner will be able to meet any liabilities arising from the duties in regulations 16(1) and 16(4), i.e. liability in relation to repatriation. The Committee recalls that Standard A2.5.2 requires the establishment of an expeditious and effective system to assist seafarers in the event of their abandonment. It also recalls that the definition of abandonment in Standard A2.5.2, paragraph 2 includes but is not limited to the failure to cover the cost of the seafarer’s repatriation and that the financial security system should be, inter alia, sufficient to cover outstanding wages and other entitlements, limited to four months (Standard A2.5.2, paragraph 9(a)). The Committee requests the Government to indicate the measures taken to ensure full conformity with the detailed requirements of Standard A2.5.2.

Regulation 2.5 and the Code. Repatriation. The Committee notes that under regulation 3(3)(f) and (g) of the draft MLC Regulations, the Director General may exempt a ship of less than 3,000 gross tonnage engaged in coastal waters of Sri Lanka, inter alia, from any of the applicable requirements specified in Standard A2.5. Such an exemption: (i) shall be given in writing; (ii) shall be granted on such terms as the Director General may specify; and (iii) may be altered or cancelled by the Director General giving written notice to the shipowner. The Committee recalls that Regulation 2.5 and the Code apply to all ships covered by the Convention, including those navigating in coastal waters (see comments under Article II). The Committee requests the Government to provide further information on the circumstances in which the exemptions under section 3(3)(f) and (g) of the draft MLC Regulations may be granted and on the number and types of exemptions granted.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that under regulation 16(3) of the draft MLC Regulations, the shipowner’s duty to provide for the repatriation of the seafarer ends, inter alia, when the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s misconduct (regulation 16(3)(b)); when the shipowner has used reasonable endeavours to contact the seafarer for a period of three months or more, but has been unable to make such contact (regulation 16(3)(c)); and when the seafarer confirms in writing to the shipowner that repatriation is not required (regulation 16(3)(d)). The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1, are met. The Committee requests the Government to indicate how regulation 16(3)(b)-(d) of the draft MLC Regulations is implemented in practice, specifying the definition of “seafarer’s misconduct” and the onus of proof of the shipowner with regard to Regulation 16(b) and (c). It also requests the Government to ensure that any provision of national legislation, which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention, and to take the necessary measures to align its legislation to the Convention in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that under regulation 16(1) of the draft MLC Regulations, the shipowner and employer of a seafarer on board a Sri Lanka ship shall ensure that the seafarer is repatriated at no cost to the seafarer if the seafarer has been on board for a period not exceeding 12 months. The Committee recalls that is has consistently considered that, from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee requests the Government to indicate how it is ensured in law and in practice that seafarers are entitled to annual leave and to repatriation in accordance with the provisions of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that under regulation 16(6) of the draft MLC Regulations, the shipowner may recover the costs where the agreement is terminated because of the seafarer’s serious misconduct. The Committee requests the Government to provide information on provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied in order for a seafarer to be found in serious default of her/his obligations pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.7 and Standard A2.7, paragraph 1 Manning levels. Adequate manning. The Committee notes that under regulation 26(1) of the draft MS Regulations, the ship owner shall ensure that each ship shall employ on board as per the minimum safe manning document issued by the Director General in accordance with the Merchant Shipping (Minimum Safe Manning) Regulations, 2016, so that the ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about seafarer fatigue and the particular nature and conditions of the voyage. The Committee requests the Government to supply a copy of the Merchant Shipping (Minimum Safe Manning) Regulations, 2016. It also requests the Government to indicate how it has given due consideration to Guideline B2.7.1 (dispute settlement).

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that under regulation 27(2) of the draft MLC Regulations, accommodation and recreational facilities referred in sub regulation (1)(a) shall be in accordance with the implementation standards published related to it by the Director General. The Committee notes that there is no information about any standards on accommodation implementing such draft provision. The Committee recalls that under Standard A3.1, paragraph 1, each Member shall adopt laws and regulations requiring that ships flying its flag meet the minimum standards for on-board accommodation and recreational facilities set out in paragraphs 6–17 of the Standard. The Committee requests the Government to provide information on the legislation adopted to ensure conformity with Standard A3.1, paragraph 1, of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum Standards. Expenses of medical care and board and lodging away from home. The Committee notes regulations 31 et seq. of the draft MLC Regulations, which implement Standard A4.2.1. The Committee reminds the Government that the shipowner’s liability may be limited to a period of no less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 2). Accordingly, the Committee requests the Government to indicate the laws and regulations implementing Standard A4.2.1, paragraph 1(c), which provides that shipowners shall be liable to defray the expenses of medical care, board and lodging until the seafarer has recovered or until the sickness or incapacity has been declared permanent in nature.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14 and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes regulation 35 of the draft MLC Regulations, which implements Standards A4.2.1, paragraphs 8–14 and Standard A4.2.2. The Committee requests the Government to indicate how national legislation ensures that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures (Standard A4.2.2, paragraph 3).

Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of legislation in consultation with social partners. The Committee notes regulation 36 of the draft MLC Regulation, which gives effect to Standard A4.3 of the Convention. The Committee requests the Government to indicate how it implements Standard A4.3, paragraph 3, requiring that legislation and other measures be reviewed regularly, in consultation with shipowners’ and seafarers’ organizations, with a view to their revision to take account of changes in technology and research and the need for continuous improvement. It further requests the Government to provide information on the development of national guidelines for the management of occupational safety and health, to protect seafarers who live, work and train on board ships flying the Sri Lankan flag (Regulation 4.3, paragraph 2).

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes regulation 49 of the draft MLC Regulations, which provides that the Director General of Shipping may issue implementation standards from time to time for providing seafarers on ships that are in Sri Lankan ports with access to adequate welfare facilities and services. The Committee requests the Government to provide information on the development of seafarer welfare facilities and services pursuant to regulation 49 of the draft MLC Regulations, and to indicate how it gives application to the provisions of Regulation 4.4 and the Code.

Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: old-age benefit; employment injury benefit; and invalidity benefit and survivors’ benefit. It also notes, however, that under regulation 37(2) of the draft MLC Regulations, to achieve social security the following branches of social security protections shall be adopted, namely: (a) medical care; (b) sickness benefit; (c) unemployment benefit; (d) old-age benefit; (e) employment injury benefit; (f) family benefit; (g) maternity benefit; (h) invalidity benefit; and (i) survivors’ benefit. The Committee requests the Government to clarify what are the social security branches covered pursuant to Standard A4.5, paragraph 2. It also requests the Government to indicate the main benefits provided under national legislation in the branches concerned.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that regulation 37 of the draft MLC Regulations on social security applies to Sri Lankan seafarers employed on board a ship, licensed seafarers recruitment and placement service providers and owners of Sri Lankan registered ships. Under regulation 37(4) and (5), the Director General shall: (i) establish social security protection progressively for all its seafarers serving on board Sri Lankan ships or on board other flag state ships, in collaboration with the stakeholder’s equivalent schemes as per the national circumstances; and (ii) publish the implementation standard with regard to the Social Security protection. The Committee recalls that under Regulation 4.5, paragraph 3 and Standard A4.5, paragraph 3 of the Convention, each Member shall take steps to provide to all seafarers ordinarily resident in its territory and their dependants social security protection no less favourable than that enjoyed by shoreworkers. The Committee requests the Government to indicate how it ensures that social security in the branches specified is provided to all seafarers ordinarily resident in Sri Lanka, regardless of their nationality.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee notes that under regulation 38(2)(d) of the draft MLC Regulations, the Director General shall provide the International Labour Office with a current list of any recognized organizations (ROs) authorized to act on its behalf and shall keep the list up to date. The list shall specify the functions that the ROs have been authorized to carry out. The Committee notes the examples of agreements with ROs supplied by the Government, specifying the authorizations granted. The Committee requests the Government to supply a current list of recognized organizations which have been duly authorized, specifying the functions which they have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 1 and 10. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Scope of initial inspection. Content. The Committee notes regulation 39 of the draft MLC Regulations, which implements Regulation 5.1.3 and the Code of the Convention. It notes that under regulation 39(6) of the draft MLC Regulations, initial MLC inspection means an inspection by which a certifying authority ascertains whether the ship meets the standards of the MLC, 2006. The Committee requests the Government to specify the scope of the initial inspection pursuant to regulation 39(5) of the draft MLC Regulations. The Committee further observes that the Declaration of Maritime Labour Compliance (DMLC), Part II, provided by the Government is a blank form and is not a completed and approved DMLC, Part II, that has been drawn up by a shipowner and sets out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b). The Committee requests the Government to provide one or more working examples of an approved DMLC, Part II.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that under regulation 45(1) of the draft MLC Regulations, the Director General shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies the flag of Sri Lanka. The Committee requests the Government to provide information on the requirements and procedure to hold an official inquiry pursuant to regulation 45(1) of the draft MLC Regulations.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Qualifications of officers. The Committee requests the Government to indicate the qualifications and training required for being appointed as port State control officers.

Regulations 5.2.1 and 5.2.2 and the Code. Port State responsibilities. Inspections in port. Onshore seafarer complaint-handling procedures. Information to social partners. The Committee notes regulations 42 and 43 of the MLC Regulations, which implement Regulations 5.2.1 and 5.2.2 and the Code of the Convention. The Committee requests the Government to indicate how it gives effect to the requirement of Standard A5.2.1, paragraph 8 and Standard A5.2.2, paragraph 6 to inform the appropriate shipowners’ and seafarers’ organizations in the port State, among other things.

Additional documentation requested. The Committee requests the Government to provide a copy of the following documents : an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a seafarers’ employment agreement used on board Sri Lankan ships (Standard A2.1, paragraph 2(a)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of rest (Standard A2.3, paragraph 12); an example of the documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2 and Standard A4.2.1, paragraph 1(b)); for each type of ship (passenger, cargo, etc.), a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it (in English); a copy of the documents used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); the following statistical information for the period covered by next report: number of Sri Lankan ships inspected for compliance with the requirements of the Convention; number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections; number of full-term (up to five years) maritime labour certificates currently in force; number of interim certificates issued; number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006 (including seafarers’ rights).

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 2, 3, 6, 7, 10, 11, 12(1)(a), 16 and 17 below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 2, 3, 12(1)(a) and 16 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. In its previous comments, the Committee noted the observations of the National Trade Union Federation (NTUF) alleging that labour inspectors cannot enter workplaces in EPZs without prior approval of the Board of Investment, and that while national labour legislation applies to all establishments within EPZs, the situation in practice is entirely different. The Committee notes that the Government rejects the allegations of the NTUF in its report, and states that labour inspectors do not require prior authorizations from any organizations before inspecting any workplace, except the approval of the Commissioner General of Labour. In addition, the Committee notes the information provided by the Government, in response to its previous comments, indicating that as of 30 June 2016, there were 268 enterprises operating in EPZs, with 130,363 employees therein, and that 430 establishments in EPZs were inspected in 2018. In its supplementary report, the Government indicates that 89,018 labour inspections were carried out in 2019, including 784 establishments in EPZs. The Government further indicates that inspections in EPZs fall into the categories of routine inspections, complaint inspections, group inspections or inspections directed by immediate supervisors. The Committee requests the Government to continue to provide information on the application in practice of the Convention in EPZs, including updated information on the number of establishments and inspections, and information on the number and nature of violations reported, the sanctions imposed, and on industrial accidents and cases of occupational disease reported. The Committee further requests information on the application in practice of Article 12(1)(a) of the Convention in EPZs, including statistics regarding the number of routine inspections and inspections following a complaint in EPZs that are announced or unannounced. In addition, the Committee requests information concerning the modalities for obtaining the approval required from the Commissioner General of Labour for inspections, including if a separate request is required before each inspection and circumstances in which such approval may be refused.

Articles 2(1), 3(1), 16 and 17. Labour inspection in the informal economy. In response to its previous comments regarding the adoption of laws and regulations to cover the informal economy, the Committee notes the information provided by the Government, including its indication that the adoption of the draft Occupational Safety and Health (OSH) Framework Act would allow the informal economy to be covered by OSH inspections. The Committee notes that, according to information from the ILO Decent Work Team for South Asia, the ILO provided technical assistance in this respect in 2018. The Committee also observes that, according to a 2018 ILO report entitled “Women and Men in the Informal Economy: A Statistical Picture”, the share of informal employment amounts to 70.4 per cent of total employment in Sri Lanka. The Committee welcomes the Government’s indication in its supplementary report regarding the progress accomplished in this respect, including the completion of initial stakeholder consultations and the intention to undertake further consultations before submitting the Act to the Cabinet of Ministers. Taking this into account, the Committee requests the Government to continue to provide information on the progress towards the adoption of the OSH Framework Act, and to provide a copy of the Act, once adopted.

Article 3(2). Additional duties of labour inspectors. In response to its previous request for information on the time spent by labour inspectors on conciliation in relation to their primary duties, the Committee notes the Government’s indication that steps have been taken to gather this information. The Committee also notes the observations of the CBEU, the CESU, the CFL and the CMU, who consider that the system for conciliation would be made more effective if it was separated from inspection. In this regard, the Committee notes the Government’s indication in its reply to the trade unions’ observations, that the national labour inspection policy has not yet been adopted, because it was not possible to reach consensus on the separation of conciliation from the labour inspection system as one of the policy’s objectives. The Government indicates in its supplementary report that conciliation is one of the main duties of a labour inspector, and that the time spent on conciliation cannot be separated from the time spent on labour inspectors’ primary duties, as conciliation is part of the process for inquiries into violations of labour law or the settlement of disputes. As stated in its 2006 General Survey, Labour Inspection, paragraph 74, the Committee recalls that assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. The Committee requests the Government to provide further information on the conciliation process before labour inspectors in practice, and the measures taken to ensure that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. The Committee also requests the Government to indicate the number of disputes resolved through conciliation before labour inspectors, in comparison to total numbers of inspection visits made.

Articles 6, 7, 10 and 11. Status and conditions of service. Recruitment of qualified labour inspectors and material means at their disposal. The Committee notes that the CBEU, CESU, CFL and CMU state that a “deep sense of frustration” prevails among labour inspectors, due to low salaries and a lack of career prospects. In this regard, the Committee notes the reference of the Government to an ongoing restructuring process for the Department of Labour, which should enable increased career progression for labour inspection staff. The Committee notes that, according to the information provided by the Government in 2019, nearly 180 new labour officers were recruited to the Department of Labour, and a three month comprehensive induction training was given to these officials. In addition, the Government provides information in its supplementary report on a number of training sessions provided to labour officers in 2019, including 15 training programmes covering 655 labour inspectors with the assistance of the ILO, and four special training programmes for 335 labour inspectors under the annual budget of the Department of Labour. The Committee also notes the Government’s indication in its supplementary report that, in the period 2016–20, salaries of public sector employees were increased in four stages, and that all labour inspectors have benefited from this. The Committee requests the Government to continue to provide information regarding the restructuring process of the Department of Labour and its impact on the number of inspectors and their conditions of service, including by providing a copy of the increased salary scales of labour inspectors. The Committee also requests information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 8. Women inspectors. The Committee notes the information provided by the Government in response to its previous comments, on the proportion of women inspectors in various positions and grades, and it notes the Government’s statement that career prospects and opportunities are the same for men and women.

Article 11(1)(b) and (2). Transport facilities and travel expenses. In response to its previous comments on plans to increase the amount of travel costs reimbursed to labour inspectors, the Committee notes the Government’s indication in its supplementary report that travelling allowances for labour inspectors in the District Labour Offices have increased in 2020, from 10,500 Sri Lankan rupees (LKR) to LKR12,000 (from US$56.86 to US$64.98). In addition, following its previous request for information on circumstances where travel costs exceeding the ones currently set out are reimbursed, the Committee notes the Government’s indication in its supplementary report that each district office provides an official vehicle with a driver for inspections. The Committee takes note of this information.

Article 18. Amendments to legislative act relating to dissuasive sanctions. In relation to the Committee’s previous request concerning ongoing legislative amendments, the Committee notes the adoption of the Wages Board (Amendment) Act 2019. The Committee notes that this Act amends the Wages Board Ordinance and increases the sanctions applicable for non compliant employers. The Committee also notes the Government’s indication that proposals to amend and increase the fines in the Workman Compensation Ordinance are being discussed before the National Labour Advisory Council. The Committee requests the Government to continue to provide information on the legislative developments related to penalties for violations of the legal provisions enforceable by labour inspectors, including by indicating the relevant legislative amendments adopted. The Committee also requests information on the implementation of the Wages Board (Amendment) Act 2019, including any increases in sanctions assessed and collected against non-compliant employers.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95). At its 334th Session (October–November 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (GB.334/INS/14/3). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Convention, insofar as the effective enforcement of measures taken by labour inspectors to institute proceedings and the impartiality of the labour inspection system are concerned, pending the decision of the Governing Body in respect of the representation.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 3, 4, 5(a), 16, 20 and 21 of the Convention. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. Annual reports of the labour inspectorate. The Committee notes the information provided by the Government in its report for the period ending 31 August 2016, in response to the Committee’s previous comments, on the implementation of the Labour Inspection System Application (LISA), and the Government’s indication that all labour and occupational safety and health (OSH) inspectors have been trained to implement the system. In this context, the Government stated that from 2017 onwards, it would be possible to provide a comprehensive annual labour inspection report, in accordance with Articles 20 and 21 of the Convention. The Committee nevertheless notes that the observations of the CBEU, the CESU, the CFL and the CMU take issue with the administration of LISA and its effectiveness in the collection of data, and allege that the system does not systematize the labour inspectorate’s work or contribute to the improvement of its quality. In response, the Government states that LISA has been continuously improved since its launch, with newly added modules that should help to speed up related inspections. The Committee takes due note that the 2017 annual report of the Department of Labour contains information on laws and regulations relevant to the work of the inspection service, as well as statistics on the number of labour inspectors, of registered factories, of inspection visits, of court cases filed by labour officers, and of occupational accidents. However, this annual report does not contain statistics on occupational diseases, or statistics of workplaces liable to inspection and the number of workers employed therein, other than factories. The Committee requests the Government to continue to publish and transmit to the ILO an annual labour inspection report, in accordance with Article 20 of the Convention. The Committee also requests the Government to take the necessary measures to ensure that this annual report contains complete information on all the subjects listed in Article 21(a)–(g) of the Convention, in particular on: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on the measures taken in this regard. In addition, the Committee requests the Government to provide detailed information on the implementation of LISA in practice, including its impact on the effectiveness of the work of the labour inspectorate, both with regard to the number and quality of inspections and the collection of statistics.

Articles 3(1)(a) and (b), 9, 13 and 14. Role of the labour inspectorate in the field of OSH. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Following its previous comments, the Committee notes the information on the number of inspections visits provided by the Government and in the 2017 annual report of the Department of Labour. The Committee also notes the Government’s indication regarding the role of the National Institute of Occupational Safety and Health (NIOSH), which provides continued services to train labour inspectors on OSH issues. In this regard, the Committee notes the observations of the CBEU, the CESU, the CFL and the CMU stating that the NIOSH is poorly resourced in terms of trained staff and equipment. In addition, as regards measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, the CBEU, the CESU, the CFL and the CMU allege that there is no proper link between the general labour inspectorate and the OSH inspectorate to allow for: (i) information sharing and recording; and (ii) issues detected by regular labour inspectors to be followed-up on by OSH inspectors. The unions further allege that occupational injuries are very under-reported. In this respect, the Government states that, due to the scope of application of the Factories Ordinance, certain workplaces, such as estates in plantations, can only be inspected by general labour inspectors and not by OSH inspectors. The Committee also notes the Government’s indication in its supplementary report that industrial accidents and cases of occupational diseases are regularly reported to the respective divisions, and that the inspecting staff of the Department of Labour (including labour officers, factory-inspecting engineers, specialist factory engineers and medical officers) all receive training with OSH components. The Government states in this regard that when they identify hazardous work environments or unsafe workplaces during inspections, labour officers refer it to the District Factory Engineers Office or to the Occupational Safety Division. The Committee requests the Government to provide further information on the measures taken to ensure that there is effective cooperation between general labour inspectors and OSH inspectors, with a view to securing the effective enforcement of the legal provisions relating to OSH. In addition, the Committee requests the Government to indicate the manner in which it is ensured that the labour inspectorate are notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and to provide further information on the application in practice of this provision, including statistics on occupational accidents and diseases notified.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Prevention of terrorism regulations. In its previous comments, the Committee noted that sanctions of imprisonment involved compulsory labour by virtue of section 65 of the Prison Ordinance. It noted that, pursuant to Prevention of Terrorism Regulations No. 1 (sections 3, 4 and 5) under the Prevention of Terrorism Act of 1979, penalties of imprisonment might be imposed for offenses defined broadly, such as taking part in meetings, promoting, encouraging, supporting, advising, assisting and causing the dissemination of information linked to the Sri Lanka Liberation Tigers of Tamil Eelam or any other organization presenting or acting on behalf of the said organization. The Prevention of Terrorism (Proscription of the Tamil Rehabilitation Organization) Regulations No. 2 of 2011 likewise provides for penalties of imprisonment for a range of activities linked to the Tamil Rehabilitation Organization, including attending meetings and the publication of material (sections 3, 4 and 5). Noting that the Government had initiated the drafting of new security laws to replace the Prevention of Terrorism Act and the Public Security Ordinance, the Committee requested the Government to report on the progress made in this regard, and to provide information on the application of the above-mentioned provisions of the Prevention of Terrorism Regulations Nos 1 and 2 of 2011 in practice.

The Government indicates in its report that the process of repealing and replacing the Prevention of Terrorism Act of 1979 has started and that the draft framework for a Counter Terrorism Act was approved by the Cabinet of Ministers in September 2018. In November 2018, the Supreme Court ruled on the constitutionality of the Bill, and recommended that some of its provisions be revised to ensure consistency with the Constitution. The Government specifies that the Bill is currently under review by a specialized committee of the Parliament. The Government further reports that trials are ongoing against 58 persons who have been charged under this Act, and three indictments are pending.

The Committee also notes that the United Nations Special Rapporteur on the rights of freedom of peaceful assembly and of association stated, in his report of 5 May 2020, that there were allegations regarding the use of the Prevention of Terrorism Act against participants in peaceful assemblies (A/HRC/44/50/Add.1, paragraph 40). The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee has emphasized that, while counter-terrorism legislation responds to the legitimate need to protect the security of the public against the use of violence, when drafted in general and broad terms it can become a means of punishing the peaceful exercise of civil rights and liberties, such as the freedom of expression and the right to assembly. The Committee requests the Government to provide information on the revision of the Prevention of Terrorism Act and its related Regulations and hopes that the Government will make every effort to ensure that the provisions of the legislation adopted will not be drafted in terms broad enough that they could be used to punish persons who peacefully opposed the established political, social or economic system, with sanctions involving compulsory labour. It also requests the Government to provide more detailed information on the facts underlying the charges and indictments brought by the competent authorities under the Prevention of Terrorism Act and its Regulations. It requests the Government to continue to provide information on the practical application of the above-mentioned provisions of this Act and its Regulations.

2. Penal Code. In its previous comments, the Committee requested the Government to provide information on the application in practice of section 120 of the Penal Code which provides that, whoever by words, signs or visible representations excites or attempts to excite feelings of disaffection to the President or the Government, or hatred towards or contempt of the administration of justice, or excites or attempts to excite people, or attempts to raise discontent or to promote feelings of ill will and hostility between different classes of people, shall be punished with imprisonment for up to two years (involving compulsory labour).

The Committee notes with regret the absence of information from the Government in this regard, despite its requests since 2012. The Committee trusts that the Government will not fail to indicate whether there have been any convictions under section 120 of the Penal Code, and if so, to provide information on the facts on the basis of which such convictions were handed down and on the specific penalties imposed.

The Committee notes that section 480 of the Penal Code provides for a sentence of imprisonment, a fine or both, for whoever defames another. In addition, pursuant to section 481, whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, may be punishable with a sentence of imprisonment. Section 482 also provides for the possibility of sentencing someone to imprisonment in case of selling or offering for sale any material containing defamatory matter. The Committee requests the Government to provide information on how the above-mentioned provisions of the Penal Code are applied in practice to enable it to examine their scope and ascertain that they are not applied under circumstances falling within Article 1(a) of the Convention. It requests the Government to provide information on the number of convictions issued by the courts, the nature of the offences, and the specific penalties imposed.

Article 1(c). Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted that section 127(1)(ii) of the Merchant Shipping Act (No. 52 of 1971) provides that the competent Minister may make regulations concerning the conditions of service of those serving on board ships, including regulations providing for disciplinary offences, discipline of officers and seafarers, imposition of penalties on persons committing offences and connected procedures. Section 127(2) of the Act sets out that such regulations may provide for the imposition of penalties of imprisonment for a term not exceeding two years (involving compulsory labour). The Committee noted the Government’s indication that the Department of Merchant Shipping was in the process of amending the Merchant Shipping Act to comply with the Maritime Labour Convention, 2006. The Committee therefore hoped that the Government would take into account its comments concerning disciplinary measures applicable to seafarers, within the framework of the law review process of the Merchant Shipping Act.

The Government indicates that it will communicate in due course the progress of the initiatives taken by the Ministry of Ports and Shipping. Recalling that the Convention prohibits the imposition of sanctions involving compulsory labour as a means of labour discipline, the Committee firmly hopes that the Government will take the necessary measures to amend the above provisions of the Merchant Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered. The Committee requests the Government to report on the progress made in this regard and, in the meantime, to provide information on the application in practice of the above-mentioned provisions.

Article 1(c) and (d). Sanctions for breaches of labour discipline and participation in strikes in essential services. In its previous comments, the Committee referred to sections 32(2) and 40(1)(n) of the Industrial Disputes Act, which provide for procedural requirements for the participation in strikes in essential industries. It noted that, according to section 43(1) of the Industrial Disputes Act, breaches of these provisions are punishable with imprisonment (involving compulsory labour). It further notes that section 17(2) of the Public Security Ordinance, 1947, and sections 2(2), 4(1) and 6 of the Essential Public Services Act, 1979, provide for certain restrictions on the right to strike, and that violations of these provisions are punishable with imprisonment for a term of up to five years. The Committee noted the Government’s information that discussions on the provisions concerned of the Industrial Disputes Act, the Essential Public Services Act and the Public Security Ordinance would be initiated with the competent authorities in order to fulfil the requirement highlighted by the Committee. The Committee accordingly requested the Government to take the necessary measures to amend the legislation, in order to ensure that no sanctions involving compulsory labour could be imposed for disciplinary offences or for peacefully participating in strikes, both in legislation and practice.

The Government indicates that no legal action was initiated for breaches of the above-mentioned sections of the Industrial Disputes Act in the year 2018. It states that the repeal of these sections is therefore not considered essential, and that it will report in due course on the progress made in this regard. The Government further points out that section 32(2) of the Industrial Disputes Act only stipulates that strikes in essential services are possible when written notice of intention to commence the strike is given to the employer 21 days prior to the commencement of the strike. The Committee, therefore, underlines that, in accordance with Article 1(d) of the Convention, no sanctions involving an obligation to perform labour (such as compulsory prison labour) should be imposed as a punishment for having peacefully participated in strikes, whether or not the strike has been carried out in contravention of legislative provisions establishing the requirements for the declaration or the conduct of the strikes. In this regard, the Committee also refers to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee once again requests the Government to take the necessary measures to amend the national legislation, to ensure that the peaceful participation in strikes may not lead to the imposition of sanctions involving compulsory labour. It requests the Government to provide information in this regard.

COVID-19 pandemic. Socioeconomic impact. Response and recovery measures. The Committee notes the profound social and economic impacts of the COVID-19 pandemic at the national and global levels as well as the measures taken by the Government in the context of the pandemic. In particular, it notes the set of measures adopted by the Government to prevent and mitigate the negative economic and social consequences of the crisis on employers and workers, such as the establishment of a Tripartite Task Force chaired by the Minister of Skills Development, Employment and Labour, and the implementation of immediate socio-economic relief measures (cash transfers to persons in vulnerable situations and support to private businesses). In this context, the Committee recalls the comprehensive guidance provided by international labour standards. In particular, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impacts of the global COVID-19 pandemic in the context of the application of the Convention and the measures taken or contemplated to respond to them.

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee notes with interest the broad range of measures adopted by the Government with a view to promoting full, productive and freely chosen employment. The Government indicates that, in 2013, it adopted the National Human Resources and Employment Policy for Sri Lanka (the “NHREP”), which has a 10-year horizon. Its main priorities include: promoting sustainable, inclusive and decent employment and better governance of the labour market; developing a highly competent, globally competitive, multi-skilled and productive workforce; and protecting the rights of workers in accordance with national labour laws and international labour standards. The Government indicates that the NHREP was reviewed in 2016 within the framework of a coordinated economic and social policy. In addition, an Action Plan has been formulated which will be submitted to the Cabinet of Ministers for adoption. The Government adds that a set of national policies have been developed that are aligned with the NHREP. In this context, the Government refers to the adoption in 2018 of the “ILO Decent Work Country Programme Sri Lanka 2018-2020” (the “DWCP”), which includes the creation of sustainable, inclusive and decent employment as a priority area of work. In September 2017, the Government launched the development strategy “Vision 2025”: Sri Lanka to become an upper-middle income country (“Vision 2025”), which contemplates the creation of one million jobs by 2020. Its main objectives include: increasing employment opportunities; enhancing working conditions by formalising the informal economy; and re- skilling the labour force to meet current and emerging socio-economic demands, with a special focus on women and youth. The Government also reports on the adoption of the National Human Rights Action Plan (2017-2020) (the “NHRAP”), which includes among its goals the achievement of full and productive employment and decent work for all. The Committee notes, however, that, according to the DWCP, the Sri Lankan labour market is characterized by high levels of unemployment, low labour participation rates of groups in disadvantaged situations (such as young people, women and persons with disabilities). In particular, the DWCP highlights the vulnerabilities of micro, small and medium enterprises (MSMEs) and the informal sector. The Committee requests the Government to provide updated detailed information on the nature and impact of the measures adopted within the framework of the Employment Policy for Sri Lanka (NHREP), the development strategy “Vision 2025”, and the National Human Rights Action Plan (2017-2020) (NHRAP), as well as of all other active labour market measures relevant to the creation of opportunities for decent, productive and sustainable employment. It also requests the Government to provide information on the development, implementation and impact of specific measures undertaken within the framework of the ILO Decent Work Country Programme for Sri Lanka 2018-2020 (DWCP). The Committee further requests the Government to provide information on the status of the latest revision of the NHREP as well as of the Action Plan formulated in the framework of the NHREP, and to provide copies once they have been adopted.

Article 2. Labour market statistics and information. The Government indicates that significant gaps exist in the collection of employment-related data in the country. The Committee notes that the NHREP contemplates the adoption of measures to strengthen data collection systems pertaining to labour, such as organizing mechanisms to collect and disseminate information on labour demand, and establishing a strong central body for coordinating labour market information, data production and dissemination functions. The DWCP also includes the improvement of data and knowledge generation relating to the labour market as an enabling priority to serve the achievement of the priority areas of work set out in the DWCP. The DWCP contemplates the implementation of a set of interventions to build the capacity of the national constituents to use available labour market information data to develop evidence-based policies and programmes. With regard to employment trends, the Committee notes that, according to the 2018 Annual Report of the Labour Force Survey of the Department of Census and Statistics (DCS), as of 2018, the labour force participation rate among those aged 15 and over was 51.8 per cent and the overall employment rate was 95.6 per cent. The overall unemployment rate was 4.4 per cent, while the underemployment rate was 2.6 per cent. The Committee requests the Government to provide updated detailed information on the nature and impact of measures taken to improve the labour market information system. It also requests the Government to indicate the manner in which the labour market information obtained is used, in collaboration with the social partners, for the formulation, implementation, evaluation and modification of active labour market measures. The Committee further requests the Government to continue to provide up-to-date information, including statistical data disaggregated by sex and age, on employment trends, including on employment, unemployment and visible underemployment.

Contribution of the employment service to employment promotion. The Committee notes that, according to the NHERP, the national career guidance system is characterised by a high level of fragmentation and a lack of reliable data to enable an assessment of future job demand. The NHERP indicates that, as a result, the services provided are inconsistent in approach and fail to reach their target audiences, such as young persons, high-skilled workers and migrant workers. To address these challenges, the NHERP envisages, among other measures, the establishment of a national career guidance council as a public-private partnership responsible for planning, development and supervision of the national career guidance services. It also calls for the adoption of measures to promote the participation of employers in the development and delivery of career guidance services and the provision of formalised training for career guidance counsellors. The Committee notes that, according to the DWCP, job matching services and other public employment services suffer from limited resources, capacity, and awareness of the skills profiles demanded by the employers, especially in rural areas. The Committee requests the Government to provide updated detailed information describing the measures adopted to improve the capacity and quality of employment placement and guidance services and increase the coverage of the network of employment offices throughout the country, including in rural areas, as well as information disaggregated by age and sex on the impact of the measures implemented.

Education and training. The Government reports on a range of measures undertaken to improve the access to and quality of school education, including increasing the minimum age of compulsory education and making career guidance compulsory. The Government indicates that the completion rate in primary education is 99.5 per cent and 98.5 per cent in secondary education. The Committee notes that, according to the NHREP, tertiary vocational education and training (TVET) is facing a number of challenges, including lack of vocational education facilities at the secondary education level in parallel to formal school education; the absence of formal linkages between different educational and vocational qualifications; mismatches and shortages of skills imparted; and inadequate effectiveness and efficiency in the delivery of and access to TVET, especially for women and rural populations. Accordingly, the NHREP provides for the adoption of a set of measures to improve TVET systems, including introducing vocational and technical training components into secondary school curricula; linking secondary education, TVET and higher education institutions with the world of work; and improving apprenticeship schemes to meet the current and emerging needs of the labour market. In this framework, the Committee notes, that according to the NHREP, a national vocational qualification (NVQ) framework covering standards and competencies associated with vocational qualifications and the Sri Lanka Qualification Framework (SLQF) were developed. In addition, the DWCP envisages the implementation of measures to ensure the recognition of prior learning and certification of the skills and competencies of persons belonging to groups in disadvantaged situations (such as young persons, women and persons with disabilities). The NHREP also sets out a range of policy recommendations to revitalize the university sector and post-graduate institutions. “Vision 2025” envisages the adoption of measures to increase state university enrolment while ensuring a strong monitoring mechanism to ensure that standards are maintained in both state and non-state universities. The Government also refers to the medium-term Public Investment Program (2017-20), which envisages the implementation of measures to improve access, relevance and quality of vocational education. The Committee requests the Government to continue providing detailed updated information on the content of the programmes and measures adopted in the fields of education and training and their impact on access to quality jobs and lasting employment. In particular, the Committee requests the Government to provide information on the nature and impact of measures adopted to improve the employability of groups in disadvantaged situations.

Ethnic minorities. The Committee notes from the report of the UN Special Rapporteur on minority issues on her mission of 31 January 2017 to Sri Lanka, that large numbers of communities were still living in precarious situations of displacement seven years after the war. According to the Ministry of Resettlement, Reconstruction and Hindu Religious Affairs, as of 31 August 2016, 13,670 families (43,607 persons) had yet to be resettled. The UN Special Rapporteur pointed out that displacement in Sri Lanka has a distinctly ethnic dimension, with the majority of the internally displaced population being Tamils and Muslims displaced during the conflict in the Northern and Eastern Provinces and are facing significant challenges in accessing education, employment and public services. Moreover, the UN Special Rapporteur highlighted that Plantations Tamils are the most deprived group in the country. Landless and employed as daily labour, they have historically lived in complete isolation and are heavily dependent on the estates for their welfare and livelihood (document A/HRC/34/53/Add.3, paragraphs 42 and 55). The Committee requests the Government to provide updated detailed information on the employment situation of ethnic minorities, including statistical information disaggregated by age and sex, and on measures taken or envisaged to improve their position in the labour market.

Young persons. The Committee notes that, according to the 2018 Annual Report of the Labour Force Survey (LFS) of the DCS, as of 2018, the overall unemployment rate for young persons aged 15-24 was 21.4 per cent. Unemployment was particularly high in the Central (31.3 per cent), Southern (29.3 per cent) and Uva (28 per cent) provinces. The rate of young persons not in employment, education or training (NEET) was 21.8 per cent, with women’s rates being twice as high as men’s (14.4 per cent for men and 29 per cent for women). According to the DWCP, young people face school-to-work transition deficits, including shortfalls in the quality and accessibility of vocational training and related employment services. Against this backdrop, the NHREP contemplates a range of measures to enhance the employability of young persons, such as establishing a network of “one-stop-shop” career centres to provide career guidance, planning and counselling and information on training, active labour market programmes to enhance the employability of young persons and special programmes targeting disadvantaged and conflict-affected youth. To increase the participation of young persons in private sector employment, the NHERP envisages increasing pay at entry level in sectors and/or industries requiring high-skilled workers, including in high technology sectors. The Committee also notes that the Government refers to the adoption of the “National Youth Policy” (NYP) in 2014. The key strategies of the NYP include: education; skills development and vocational training; and youth employment. With regard to youth employment, the NYP highlights as critical concerns: underemployment among educated youth, high levels of unemployment among young persons in rural areas, societal attitudes that limit career options for young people, regional disparities in employment opportunities, and lack of protection in the informal economy, where a high proportion of young persons are concentrated. In this context, the NYP envisages the adoption of measures that include: creating the conditions for an effective transition of youth from education to work through tertiary education; eliminating barriers and evolving opportunities to meet higher educational aspirations equitably; enhancing employment opportunities with fairness and equity; as well as promoting an entrepreneurial culture and supportive resources for the economic advancement of young persons. The Committee requests the Government to provide detailed updated information, disaggregated by sex, age and region, on the scope, nature and impact of the measures adopted within the framework of the Employment Policy for Sri Lanka (NHREP) and the “National Youth Policy” (NYP), as well as of other measures adopted to promote opportunities for decent and lasting employment for young persons, including those in the Central, Southern and Uva regions.

Women. The Committee notes that the NHERP contemplates the adoption of measures to promote the participation of women in the labour market and their access to better-paid jobs. Measures include the provision of specially designed job search assistance to women graduates; investing in training for women in higher skilled occupations in sectors such as information technology, health, hospitality industry, and driving; and promoting women's entrepreneurship development by enhancing their access to credit, technology and business knowledge. The Committee further notes that “Vision 2025” envisages the adoption of measures to provide childcare facilities, encouraging more flexible working arrangements, and improving access to tertiary education and training. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 also includes the adoption of measures in this regard, such as training women for higher skilled occupations and promoting men’s roles and responsibilities in childcare and family duties. The Committee notes, however, that according to the 2020 Global Gender Gap Report of the World Economic Forum (WEF), in 2018 the labour force participation rate was 77.1 per cent among men, compared to only 38.2 per cent among women, despite high literacy and educational levels among the latter. In addition, the unemployment rate stood at 7.03 per cent for women compared to 3.03 per cent for men. 32.29 per cent of female workers were part-time workers, while part-time workers represent 19.33 per cent among men. Moreover, the Committee recalls its 2018 Observation on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted the vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary school occupations (28.5 per cent) and clerical support (13 per cent), whereas few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). Furthermore, in its 2018 direct request on the application of Convention No. 111, the Committee noted that, despite the measures adopted by the Government to increase the participation of women in some non-traditional courses and IT courses, gender segregation in vocational training persists. The Committee requests the Government to provide updated detailed information on the impact of the measures adopted to increase women’s labour force participation rate, reduce the gender pay gap, and to combat vertical and horizontal occupational segregation in employment and vocational training, including updated statistical information, disaggregated by sex, age, occupation, sector of activity and professional category.

Persons with disabilities. The Committee notes from the DWCP that as of 2012, 1.1 million persons with disabilities were economically active, 442,138 were in employment and 10,953 were unemployed. The Committee notes the information provided by the Government concerning the measures adopted to ensure and promote the access of persons with disabilities to education and employment opportunities. The Government refers to, among other provisions, the Protection of the Rights of the Persons with Disabilities Act No. 28 of 1996, which establishes the principle of non-discrimination on the ground of disability in access to employment and education. It also refers to the Circular on the Employment of Persons with Disabilities (1988) of the Ministry of Public Administration, which establishes a 3 per cent employment quota for persons with disabilities in the public sector. The NHERP indicates that, in 2004, the employment quota was extended to enterprises in the private and semi-governmental sectors. The NHERP contemplates the adoption of measures to promote entrepreneurship among persons with disabilities based on their skills, interests and knowledge; promoting their access to vocational education and training, including the removal of physical barriers to educational centres; and improving institutional responsiveness to the needs of persons with disabilities to create an adequate workplace environment for them. The NHREP further envisages the implementation of incentive schemes to encourage employers to hire persons with disabilities, including tax exemptions and financial support for the implementation of reasonable accommodation measures. In addition, NHRAP includes as key goals protecting the right to decent work of persons with disabilities and enhancing their access to mainstream vocational and professional training programmes as part of promoting their participation in the open labour market. Moreover, the Government refers to the development in 2000 by the Employers’ Federation of Ceylon (EFC), with financial support from the ILO, of the “Employers’ Network on Disability”. The Network establishes a link between the business community and organizations of persons with disabilities to provide employment and training opportunities in the private sector for job seekers with disabilities. The Committee notes, however, that, according to the DWCP, gaps in the implementation of 3 per cent employment quota persist and only a limited number of employers have applied the relevant infrastructure regulations requiring them to provide a barrier-free work environment. The DWCP therefore envisages the adoption of measures to: advocate for and provide advisory services to the Ministry of Public Administration to ensure the implementation of the employment quota in the public sector; ensure enforcement of infrastructure; and implement the revised action plan on job placement for persons with disabilities. The Committee requests the Government to continue providing detailed and updated information on the scope and the nature of the measures adopted to promote the access of persons with disabilities to quality education and job opportunities in the regular labour market. It also requests the Government to provide information on the impact of such measures, including statistical information on the total number of participants, disaggregated by age, sex, region and type of disability.

Migrant workers. The DWCP indicates that, in 2017, approximately 212,162 Sri Lankan nationals migrated overseas for work, a decrease from 242,816 in the previous year, with the majority headed to the Middle East in low-skilled jobs. The Committee notes that, according to the DCWP, factors such as exorbitant recruitment costs and fees imposed on Sri Lankans recruited to work abroad have reportedly resulted in instances of debt bondage and exploitative labour practices. The DWCP stresses that there are deficiencies in the implementation of the labour migration policy, which regulates the recruitment, in-service, return and reintegration of migrant workers, especially at the recruitment stage. In this context, the Committee recalls its 2019 Observation on the application of the Forced Labour Convention, 1930 (No. 29) by Sri Lanka, in which it noted the vulnerable situation of Sri Lankan migrant workers with regard to the exaction of forced labour. In this respect, the Committee noted the set of measures undertaken by the Government to safeguard the rights of Sri Lankan migrant workers. These include the implementation of programmes to raise awareness among migrant workers on their rights and obligations; the signing of 22 memoranda of understanding (MoUs) with key host countries on the protection of rights of migrant workers; the compulsory registration scheme requiring registration prior to departure for foreign employment and the development of standard approved contracts; the introduction of a Sub Policy and National Action Plan on Return and Reintegration of Migrant Workers; and the provision of consular assistance through diplomatic missions and temporary shelters for female migrant workers who are victims of abuse or exploitation. Referring to its 2019 observation on the application of Forced Labour Convention, 1930 (No. 29), the Committee requests the Government to provide updated detailed information on the impact of the measures undertaken to ensure that Sri Lankan nationals recruited to work abroad are protected from practices that might increase their vulnerability to the exaction of forced labour. It also requests the Government to provide information on all other measures taken or envisaged to enhance access to decent jobs and employment-related benefits and protections for both female and male migrant workers.

Informal economy. The Committee notes that, according to the DWCP, two-thirds of the labour force is engaged in informal employment, with private sector formal employment accounting for only one-fifth of the employed work force. A majority of those working in the informal economy are own account workers (49.6 per cent). Of the total number of workers employed in agriculture, 87.5 per cent are in informal employment. The DWCP emphasizes that recent environmental disasters (floods and landslides in 2016 and 2017) have caused tremendous damage and losses in the informal sector, with major, long-term impacts on livelihoods and employment security. The NHERP indicates that men are more likely to be in informal employment than women. Many informal workers are low-skilled, are poorly remunerated and lack access to social protection benefits. The NHERP envisages the adoption of measures to enhance the employability of informal economy workers in higher skilled and better-paid occupations, including measures to provide opportunities for continuing education, training and re-training through subsidized vocational training and informal education. The Committee draws the Government’s attention to the comprehensive guidance provided in the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). It requests the Government to provide detailed and updated information on the size and composition of the informal economy and the measures taken or envisaged to facilitate the transition to the formal economy, particularly in rural areas of the country.

Micro, small and medium enterprises (MSMEs). The Committee notes that, according to the DWCP, MSMEs represent 52 per cent of the country’s Gross Domestic Product (GDP), 45 per cent of all employment, and 90 per cent of total enterprises. The DWCP highlights that MSMEs are affected by climate-related disasters, high levels of informality, a limited skills base, lack of assets and access to financing. In addition, the NHREP points out that SME entrepreneurs do not have adequately trained workers, the quality of employment offered by SMEs is very low, and legislation and practices regulating recruitment deter investments for expansion of SMEs. The NHREP contemplates the adoption of a broad range of measures, including encouraging decent work practices and social protection of employees among SMEs to enable them to recruit works with the right skills and attitudes; simplifying the SME regulatory framework; reducing the red tape and administrative burdens on SMEs; and implementing entrepreneurship education and training programs tailored to their needs. The Committee also notes that the DWCP envisages a number of interventions. These include interventions to: strengthen the productivity and competitiveness of MSMEs through provision of high-quality business development services, such as management skills upgrading, financial services or technical assistance to ensure decent working conditions and improve productivity; enhance the climate-resilience of MSMEs through business contingency planning, climate-linked insurance products; and stimulate entrepreneurship and start-ups in green sectors. The Committee further notes the adoption of the National Policy Framework for SME Development in October 2017, which envisages the adoption of measures to promote export-oriented and innovative SMEs and update vocational training curricula to meet the current needs of the labour market. Finally, the Committee notes the “Jobs for Peace and Resilience project: Strengthening natural disaster resilience of rural communities and micro and small enterprises in the North and South West of Sri Lanka”. The project, which ran through March 2020, supported the implementation of measures envisaged in the National Policy on building resilience and disaster mitigation. It developed and demonstrated effective models in rural communities, placing special focus on the North and the South West of Sri Lanka, where the recurrence of natural disasters is high. The Committee requests the Government to continue to provide detailed updated information on the measures taken to promote and support MSMEs for job creation, as well as on their impact, including statistical information on the number and type of enterprises established and the number of jobs created by such enterprises. It also requests the Government to communicate updated information describing the nature and impact of measures to strengthen the resilience of MSMEs and rural communities in vulnerable areas of the country to natural disasters.

Article 3. Consultations with the social partners. The Committee notes that the NHREP was formulated following a wide consultation process with a broad spectrum of stakeholders at the central and regional levels, including employers’ and workers’ organizations, professional institutions and academia. The Government indicates that consultations were also held with representatives of the persons affected by the employment measures, such as rural and self-employed women. In addition, the draft policy was made available in the government’s website and national newspapers in three languages (Sinhala, Tamil and English) to allow the general public to submit observations or proposals. The NHREP is implemented under the overall guidance of a National Steering Committee, which includes representatives of the social partners. The Committee welcomes the memorandum of understanding signed on 16 May 2018 between the ILO, the Government and the social partners, in which the parties committed themselves to collaborate to promote and advance decent work in Sri Lanka. The DWCP was also developed following an intensive and inclusive process with a broad range of actors, including workers’ and employers’ organizations, local government officials, youth, and women’s cooperative society members. Moreover, a tripartite DWCP Task Force consisting of the signatories to the DWCP was established to monitor and provide advice to assist with challenges faced by implementers of DWCP-related programmes or projects. The Government also indicates that regular tripartite consultations are held within the National Labour Advisory Council (NLAC) with regard to matters concerning labour policies and their implementation. The Committee requests the Government to continue to provide detailed information on the manner in which the experience and views of the social partners have been taken into account in the formulation and implementation of employment policy measures, and the outcome of this process. It further requests the Government to indicate the nature and scope of consultations held with representatives of the persons affected by the measures taken, such as women, young people, persons with disabilities, rural workers, ethnic minorities, and other concerned groups, in relation to the formulation and implementation of active employment policies and programmes.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see paragraph concerning the application of the Convention in practice and labour inspection) as well as on the basis of the information at its disposal in 2019.

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. The Committee previously noted the Government’s information that the Ministry of Labour and Trade Union Relations (MoLTUR) was currently in the process of amending relevant labour laws such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, in order to raise the minimum age for admission to work or employment from 14 to 16 years. It trusted that the amendments raising the minimum age for employment to 16 years would be adopted in the near future.

The Committee notes with interest the Government’s indication in its report that it has obtained the approval of the Cabinet of Ministers to increase the minimum age for employment from 14 to 16 years. The Government indicates that the revised draft labour laws and regulations, namely the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Shop and Office Employees Act No. 19 of 1954, the Factory Ordinance No. 45 of 1942, and the Employees’ Provident Fund Act No. 15 of 1958, which contain provisions raising the minimum age from 14 to 16 years, would enter into force in 2020. The Committee welcomes the measures taken by the Government to raise the minimum age for admission to employment or work from 14 to 16 years, and hopes in this regard that the above-mentioned draft labour laws and regulations will be adopted in the near future. The Committee reminds the Government of the provisions of Article 2(2) of the Convention, which provide 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 sending a declaration of this nature to the Office, once the minimum age fixed by the national legislation is raised to 16 years.

Article 2(3). Compulsory education. The Committee previously noted with interest the adoption of the Compulsory Attendance of Children at School Regulation No. 1 of 2015, which provides for compulsory education from 5 to 16 years of age. It noted however that the minimum age for admission to work or employment was therefore lower than the school-leaving age, and accordingly urged the Government to continue its efforts to raise the general minimum age. Noting that the Government is in the process of raising the minimum age for admission to employment or work to 16 years, the Committee once again requests the Government to continue its efforts in this respect, in order to link the minimum age with the age of completion of compulsory schooling, in conformity with the Convention.

Application of the Convention in practice and the labour inspectorate. The Committee previously encouraged the Government to pursue its efforts to ensure the progressive abolition of child labour and to take effective measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal sector, including domestic workers.

The Committee notes the Government’s information that a special inspection group is in charge of inspecting workplaces specifically for child labour, both in the formal and informal sector. In 2018, it inspected 472 workplaces. Moreover, there is a mechanism to inspect workplaces, including households, where underage children are suspected to be employed, in which interdepartmental teams comprising members of the police and of the Department of Probations and Child Care conduct the inspection together. Accordingly, 129 interdepartmental investigations were conducted following complaints on child labour in 2018, resulting in two instances of child labour. The Committee further notes the Government’s information in its supplementary report that in 2019, 169 investigations were initiated following complaints on child labour and 12 cases of child labour were detected. The Government also indicates that investigations on complaints of child labour continued even during the COVID-19 lock down period to ensure the safety and well-being of children. Accordingly, until 31 August 2020, three cases of child labour were detected following investigations conducted in 74 complaints. Moreover, penalties were imposed on four employers in 2019 and one employer in 2020, while compensation was paid to two victims of child labour in 2019.

The Committee further notes the Government’s information that it has increased awareness-raising measures on child labour for multiple stakeholders, including the members of the Child Development Committees instituted by the Ministry of Women and Child Affairs in the 25 districts, field officers of the Department of Manpower and Employment, who come into direct contact with school students, teachers and parents, of the five districts in which child labour is estimated to be most prevalent, and the general public. Moreover, in 2019, the field staff of the Department of Labour and the Department of Manpower and Employment were provided trainings on the labour law applicable to children and on the importance of eliminating child labour. In addition, in June 2020 the official YouTube channel of the Department of Labour released five videos on the importance of prevention of child labour. The Government also states that the National Policy on Elimination of Child Labour was adopted in 2017, and that a national action plan is being prepared in this regard. The Committee notes in this regard that the National Steering Committee within the Ministry of Labour is in charge of the coordination and the monitoring of the implementation of the Policy.

The Committee notes that, according to the 2015–16 Child Activity Survey, the total child population aged between 5 and 17 years involved in child labour was 43,714 children (1 per cent). It also notes that the National Policy on Elimination of Child Labour of 2017 indicates that child labour is particularly prevalent in fisheries, tourism, small private estates and domestic labour. The Committee further observes that both the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights of the United Nations expressed concern that, despite significant progress made, children remain employed as street vendors, in domestic service, in agriculture, mining, construction, manufacturing, transport and fishing (CRC/C/LKA/CO/5-6, paragraph 41 and E/C.12/LKA/CO/5, paragraph 43). Welcoming the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on the informal economy. It requests the Government to provide information on the measures taken and the results achieved in this regard, including within the framework of the National Policy on Elimination of Child Labour of 2017. It also requests the Government to continue to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate regarding children working in the informal sector and on the number of children engaged in child labour identified.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 6 and 7(2)(a) and (b) on commercial sexual exploitation of children) as well as on the basis of the information at its disposal in 2019.

Article 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(2)(a) and (b). Sale and trafficking of children and effective time-bound measures for prevention, assistance and removal from the worst forms of child labour. The Committee previously noted that there are four safe houses, four certified schools and two national training and counselling centres in the country, which provide medical, legal and psychological services to child victims of trafficking. The Government also stated that 11 “places of safety” for child victims of trafficking were maintained at the provincial level, and that the Ministry of Justice established a National Anti-Human Trafficking Task Force. Moreover, it indicated that in 2016–17, prosecutors have been able to secure six convictions for trafficking of children. The Committee requested the Government to indicate the number of child victims of trafficking who have benefited from the services provided by the safe houses, certified schools and national training and counselling centres. It also requested the Government to continue to prove information on the number of persons prosecuted, convicted and sentenced with regard to cases involving trafficking of children.

The Government indicates in its report that it has taken various measures to prevent trafficking in persons, including the development of training and awareness raising programmes and campaigns for government officials and the general public. The Government further indicates the adoption of the National Strategy Plan to Monitor and Combat Human Trafficking 2015–19. The implementation of this Strategy Plan is a key responsibility of the National Anti-Human Trafficking Task Force led by the Ministry of Justice. The Government further states that the task force is in charge of monitoring and strengthening the coordination among state actors, increasing victim identification and prosecutions, and improving the protection accorded to victims. The Government also indicates that during the reporting period, two suspected cases of trafficking in children for labour or commercial sexual exploitation were reported to the Sri Lanka Police. The Committee notes that, according to the statistics of the National Child Protection Authority, in 2018, 125 cases of trafficking were reported to it. It notes the Government’s indication, in its report to the United Nations Committee on the Rights of the Child (CRC) under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) of April 2019, that there is a special unit in the Sri Lanka Police to investigate complaints relating to trafficking of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 4). While taking due note of the measures taken by the Government to prevent trafficking in children, the Committee requests it to take the necessary measures to ensure that perpetrators of trafficking of children are effectively prosecuted and that sufficiently effective and dissuasive penalties are imposed on them in practice, and to supply information in this respect. It also requests the Government to provide information on the number of child victims of trafficking identified by the special unit in the Police established for this purpose. Noting the absence of information from the Government on this point, the Committee once again requests it to indicate the number of these children who have benefited from the services provided by the safe houses, certified schools and national training and counselling centres.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. In its previous comments, the Committee noted that sections 286A, 288A, 360A and 360B of the Penal Code, as amended, prohibited the use, procuring or offering of children for prostitution, and for pornographic performances. It noted the high incidence of children in prostitution. The Committee therefore urged the Government to strengthen its efforts to ensure that perpetrators were brought to justice, thorough investigations and prosecutions of perpetrators were carried out, and sufficiently effective and dissuasive penalties were imposed in practice.

The Committee notes the Government’s indication that although there is a prevalence of child prostitution in certain areas of the country, there is an absence of accurate statistics in this regard. It indicates, in its Policy on Elimination of Child Labour in Sri Lanka (2017), that the sexual exploitation of children among young boys (the “beach boy” phenomenon) in tourism is of high concern because of the rapid increase in tourism and the willingness to expand it further. The Government also states, in its report to the CRC under the OPSC of October 2018, that issues pertaining to child prostitution and child pornography are critical, with increasing access to information and communication technologies which have brought with them the concern that children will be exposed to harm through these platforms (CRC/C/OPSC/LKA/1, paragraph 2). In this report, it further indicates that a national database on complaints received by the police desks, containing a special segment on complaints relating to sexual exploitation and pornography, has been established (paragraph 59).

The Committee further notes that, in its report to the CRC under the OPSC of April 2019, the Government indicates that the Sri Lanka Police identified in 2018 nine cases of child pornography and seven cases of procuration of children (CRC/C/OPSC/LKA/Q/1/Add.1, paragraph 2). It observes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern at the low prosecution rates and a high number of pending cases, and reports of official complicity in relation to cases of child prostitution and child pornography (CRC/C/OPSC/LKA/CO/1, paragraph 29). The Committee therefore urges the Government to take the necessary measures to combat child prostitution and child pornography, by ensuring that sections 286A, 288A, 360A and 360B of the Penal Code are effectively applied through investigations and prosecutions of persons suspected of using, procuring or offering children for prostitution, the production of pornography or pornographic performances, including State officials suspected of complicity. The Committee requests the Government to provide information on the application of these sections in practice, indicating in particular the information from the database on complaints relating to prostitution and pornography involving children, the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. The Committee previously noted that, according to the 2015–16 Child Activity Survey, 0.9 per cent of children aged 5–17 years (39,007 children) are engaged in hazardous work. The Government stated however that no incidents of hazardous work by children had been detected in the formal economy. The Committee further noted the Government’s information that a committee had been appointed by the Commissioner General of Labour to revise the list of hazardous work according to international standards. It requested the Government to pursue its efforts to ensure the protection of children from hazardous types of work, including in the informal economy, and to provide information on the adoption of the new list of hazardous types of work.

The Committee notes the Government’s information that, in 2018, 472 workplaces were inspected specifically for hazardous work performed by children and for child labour, through a special group inspection programme, following which one instance of hazardous work by children was identified. The Government indicates that awareness-raising activities were conducted, targeting inter alia all the district child development committees, and the field staff of the Department of Manpower and Employment in the five most child labour prevalent districts, to eliminate hazardous work by children. The Committee takes due note of the Government’s indication that the new draft regulation for hazardous occupations, consisting of 77 types of hazardous work, has been finalized in 2018 and approved by the Cabinet of Ministers. The Government also indicates that it will supply a copy of the regulation, once adopted.

The Committee takes note of the National Action Plan for the Protection and Promotion of Human Rights 2017–21, which includes activities to eliminate effectively the hazardous forms of child labour. The Committee encourages the Government to pursue its efforts to ensure that children under 18 years of age are not engaged in work that is harmful to their health, safety or morals, and to continue to provide information on the measures taken in this regard. It requests the Government to ensure that the new draft regulation for hazardous occupations will be adopted in the near future, and to provide a copy of the list once it has been adopted.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time bound measures for prevention, assistance and removal of children from the worst forms of child labour. Commercial sexual exploitation of children. The Committee previously noted the Government’s statement that awareness-raising programmes were delivered to the public and tourists to promote child-safe tourism and that 360 hotel staff members had received child protection awareness training in this regard. The Committee accordingly encouraged the Government to strengthen its efforts to combat child sex tourism.

The Committee notes the Government’s indication that, in 2016, the National Child Protection Authority has initiated targeted programmes related to the zero tolerance policy of the Government regarding child-sex tourism for foreigners in Bentota and Kalutara, two coastal cities of the country. The Government also states that programmes to combat child labour and child-sex tourism have been conducted for 1,893 beneficiaries in the plantation sector and for education and health staff.

The Committee observes that one of the objectives of the National Plan of Action for Children in Sri Lanka 2016–20 is to protect children from all forms of sexual exploitation in relation to trafficking, sale and commercial sex networks, and to respond to the needs of such children for rehabilitation. It also takes note of the Policy Framework and National Plan of Action to address Sexual and Gender based Violence in Sri Lanka 2016–20, which focuses, inter alia, on preventing the commercial sexual exploitation of children, by raising awareness against this phenomenon, strengthening the existing mechanism of detection and responding to complaints. The Committee notes the Government’s information, in its report to the CRC under the OPSC of October 2018, that with regard to the online safety of children including from pornography, it is developing programmes to raise awareness among children (CRC/C/OPSC/LKA/1, paragraph 58). However, the Committee notes that, in its concluding observations under the OPSC of July 2019, the CRC expressed concern about reported cases of parents encouraging children, particularly girls, to enter the sex industry (CRC/C/OPSC/LKA/CO/1, paragraph 19). In this regard, the Committee notes the Government’s information in its supplementary report that in 2018, four legal actions were initiated for the offences related to the commercial sexual exploitation of children and in 2019 and from January to 31 August 2020, seven legal actions each were initiated. Taking due note of the measures taken by the Government, the Committee requests it to pursue its efforts to eliminate the commercial sexual exploitation of children, as well as to prevent the engagement of children in commercial sexual exploitation and to provide direct assistance for the removal, rehabilitation and social integration of child victims of commercial sexual exploitation. It also requests the Government to provide information on the number of children who have been removed from commercial sexual exploitation and who have been rehabilitated and socially integrated.

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 7(2)(d) on street children), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Clauses (a) and (c). Access to free basic education. Plantation Tamils. The Committee previously noted that, according to the Committee on the Elimination of Racial Discrimination, Tamils of Indian origin, also referred to as “Plantation Tamils” lacked quality education, and suffered from higher dropout and child labour rates than the national average. It requested the Government to provide information on the measures taken to ensure access to free basic education, particularly for Plantation Tamil children.

The Committee notes the Government’s information that the 13 Years Guaranteed Education Programme aims at ensuring that vulnerable children and children who are more likely to drop out of school attend school. The Government specifies that in 2017 the programme was implemented in 42 schools. In the same year, the school census identified 845 schools in the plantation areas, accommodating 209,057 students. The Committee encourages the Government to pursue its efforts to ensure access to free basic education for all, including for Plantation Tamils children, and to continue to provide information on the measures taken in this regard, including on the activities conducted and the results achieved in the framework of the 13 Years Guaranteed Education Programme. Please provide information on the number of children reached by the programme, disaggregated by gender and age, indicating how many of them are Tamils of Indian origin.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the National Plan of Action (NPA) for Children in Sri Lanka 2016–20 identifies children living or working in the streets as a key issue. This plan specifies that these children are sometimes begging or engaged in child prostitution. Accordingly, the Government has developed a Plan of Action for Street Children, which aims at preventing children from living or working in the streets and at providing care and protection for all street children.

The Committee further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence (SGBV) in Sri Lanka 2016–20 provides for the design and implementation of a special programme to address the issue of street children, with the involvement of relevant agencies, including the development of a status report on street children in the country. The Committee notes the Government’s information in its supplementary report that the NPA for children and the SGBV are implemented with the active involvement of multiple stakeholders. The Government further provides an official website link to the progress report of the SGBV action plan. However, the Committee observes that the progress report does not appear to have any information on the measures taken to address the issue of street children. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour. In this regard, it requests the Government to indicate the concrete measures taken to address the issue of street children within the framework of the Plan of Action for Street Children and of the Policy Framework and National Plan of Action to address SGBV 2016–20 and the results achieved. The Committee also requests the Government to supply information on the number of street children protected and removed from the streets as well as on the measures in place to provide assistance for their rehabilitation and social integration.

The Committee notes the Government’s first report on the application of the Convention. The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Sri Lanka on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organisation (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO document 9303. The Committee notes that the Government has initiated the process to issue SIDs in conformity with the amended version of the Convention. It further notes that the Government has submitted to the Office a copy of sample SID to verify conformity with the technical requirements of the Convention and that the Office was awaiting a sample SID (and not a copy) in order to conduct such assessment. The Committee recalls the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee welcomes the initial steps taken by the Government to develop a SID in conformity with the amended version of the Convention and hopes that in the near future, it will be in a position to comply with all its requirements. The Committee requests the Government to provide detailed information on all relevant measures, including a copy of the applicable national provisions. The Committee further requests the Government to supply a specimen of a SID as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Article 1, paragraph 2 of the Convention. Definitions and scope of application. The Committee notes that, under section 324 of the Merchant Shipping Act No. 52 of 1971, as amended, “seaman” is defined as every person (except an officer or a pilot or a person temporarily employed on a ship while in port) employed or engaged in any capacity on board any ship. The term “officer” includes a master, mate or engineer under this provision of the Act. The Committee further notes that “seafarer” under the Merchant Shipping (Standards of Training, Certification and Watch Keeping for Seafarers) Regulations, 2016 includes every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles. The Committee recalls that Article 1(1) of the Convention provides that the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel. The Committee requests the Government to provide clarifications on the definition of seafarer under national legislation and to indicate how it ensures that the Convention applies to all seafarers within its meaning, including officers.

Article 1, paragraph 3. Application to fishers. The Committee notes the Government’s indication that currently the provisions of the Convention do not apply to commercial maritime fishing as fishing vessels are exempted from the Merchant Shipping Act No. 52 of 1971, as amended. The Committee takes note of this information.

Articles 2 to 5. Issuance of seafarers’ identity documents. The Committee notes the Government’s indications that presently, Sri Lanka issues Continuous Discharge Certificate (CDC) and has taken steps to issue SIDs, in accordance with the technical requirements of the Convention, as amended in 2016. Noting the on-going process and referring to its comments above, the Committee requests the Government to provide detailed and up-dated information on the measures taken to give effect to Articles 2 to 5 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that generally 48 hours advance notice is enough for processing and prepare entry documents for seafarers and that, on arrival they can enter the country without any waiting time for the purpose of shore leave. It further notes that visa is not required for such entry. It also notes that seafarers are permitted to enter the country and travel to their own country by any port in Sri Lanka if they sign-off (on completion of their contract) from the ship. Noting the information provided by the Government, the Committee requests it to indicate the relevant laws or regulations giving effect to Article 6 of the Convention.

Article 7. Continuous possession of SIDs. The Committee notes the Government’s indication that the competent Authority has no direct control over the document when seafarers are at sea. However, if there are any disputes in relation to document safekeeping while at sea the Competent Authority will conduct an inquiry. The Committee takes note of this information.

Comments adopted by the CEACR: Sri Lanka

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Comments adopted by the CEACR: Sri Lanka

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2021

C098 - CMNT_TITLE

C100 - CMNT_TITLE

C100 - CMNT_TITLE

C111 - CMNT_TITLE

C111 - CMNT_TITLE

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