Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Part III of the Convention. The Committee notes the Government's reply to the observations made in March 1990 by the Lanka Jathika Estate Workers' Union, as well as the new observations made by this organization and by the Employers' Federation of Ceylon, transmitted by the Government with its last report.

The Government refers to the Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985, which contains provisions to control the activities of foreign employment agencies, in conformity with Article 10 of the Convention. It points out that this Act has been enacted to strengthen the enforcement machinery dealing with the regulation of foreign employment agencies. It recognizes, however, that the exploitation of workers exists to a certain degree, though every effort is being taken to eradicate the existent malpractices. It indicates, in particular, that such agencies are inspected on a regular basis by the officials of the Bureau and deterrent action is taken for violation of the law, and gives statistics regarding inspections carried out and cases filed.

The Lanka Jathika Estate Workers' Union, in its new observations transmitted with the Government's report, concedes the fact that the attention of the Government has been concentrated on this issue and that specific steps appear to have been taken in order to control the activities of foreign employment agencies. However, according to this organization, the problem of proper and adequate supervision of activities of these agencies by the national labour authority continues to prevail in practice, which is mainly due to the lack of sufficient and adequate staff, and to administrative constraints. The Union requests the Government to adopt and implement a comprehensive work programme to meet this challenge.

As to the Employers' Federation of Ceylon, it considers that the comments of the workers' union movement warrant serious consideration as such illegal practices do exist, while noting also that in the recent past the Government has taken measures to strengthen its enforcement capabilities.

The Committee would be grateful if the Government would continue to supply information on the effect given in practice to Act No. 21 of 1985. It asks the Government to provide, in its next report, relevant extracts of the annual activity reports that the Bureau of Foreign Employment is required to submit under section 19 of the Act, as well as the other information on practical application of the Convention requested under point V of the report form.