Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Part III of the Convention. Regulation of fee-charging employment agencies. In its report received in October 2004, the Government reports on the measures adopted by the Bureau of Foreign Employment to reinforce the application of the provisions of Act No. 21 of 1985 and to prevent the illegal placement of Sri Lankan citizens abroad. The Minister for Labour Relations and Foreign Employment and the higher officials of the Bureau of Foreign Employment make regular visits to the countries receiving Sri Lankan migrant workers in order to perceive the shortcomings in the protection granted to them. The Government also indicates that, under section 22 of the Act, officers of the Department of Labour and of the Bureau of Foreign Employment are sent to Sri Lankan missions installed in these countries in order to assist and protect those workers. The Committee notes the statistical data provided to this end in the report and the intention of the Ministry of Labour Relations and Foreign Employment to increase the number of these officers. Please continue to communicate any relevant information on the application of the Convention in practice, in accordance with Part V of the report form.

2. The Committee notes with interest that the Government is contemplating ratifying the Migration for Employment Convention (Revised), 1949 (No. 97), and that it might seek technical assistance of the Office to this end. The Committee invites the Government to keep it informed of any development which might take place in this regard and requests it to continue to provide information on the measures adopted to implement the provisions of Act No. 21 of 1985 and combat effectively the illegal placement of nationals abroad (Article 10(d) of Convention No. 96).

3. Revision of Convention No. 96. The Committee draws the Government’s attention to the growing number of Sri Lankan migrant workers placed abroad. It notes the statistics of the Bureau of Foreign Employment and notes that in 2002 this phenomenon concerned 70,726 men and 132,986 women, mostly placed in unskilled jobs or as domestic workers. The Committee draws the Government’s attention to the fact that it is difficult to avoid abusive practices in these settings which are more likely to escape controls and emphasizes the urgent need to grant effective protection to migrant workers. To this end, the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to assist member States in improving the effectiveness of their policies relating to labour migration. It provides particularly for the licensing and supervision of recruitment and contracting agencies for migrant workers, in accordance with the Private Employment Agencies Convention, 1997 (No. 181), with the provision of clear and enforceable contracts by those agencies (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004). The Committee recalls that Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, it recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur in this regard.