Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military servicemen to terminate their service. In its previous comments, the Committee noted that officers of the regular force or regular force reserve do not have the right to resign their commission, but may be allowed by the President to do so, under section 11 of the Air Force Act 1949, the Navy Act 1950 and the Army Act 1949. The Government indicated that the President exercised his power to grant the resignation on the merits of each application.

The Committee notes the Government’s statement that there have been no changes since its last report. Recalling that career members of the armed forces must fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to take the necessary measures to bring the statutory provisions governing the resignation of officers in times of peace into conformity with the Convention. Pending such measures, the Committee requests the Government to provide information in its next report on the application of section 11 of the Air Force Act 1949, the Navy Act 1950 and the Army Act 1949, in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for such refusals.

2. Compulsory public service. In its previous comments, the Committee referred to sections 3(1), 4(1)(c) and 4(5) of the Compulsory Public Service Act, No. 70 of 1961, under which compulsory public service of up to five years may be imposed on graduates. It also noted the Government’s indication that that no prosecutions under this Act had so far been reported, and that the decision to repeal the Act was under consideration by the Ministry of Public Administration and Home Affairs.

The Committee notes the NTUF’s statement that the Compulsory Public Service Act is obsolete and is not used in practice. It also notes the Government’s indication that, while the matter has been referred to the Ministry of Public Administration and Home Affairs, there has not been any significant progress in this regard. The Committee must once again express the hope that the Compulsory Public Service Act will be repealed in the near future with a view to bringing national legislation into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

3. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the Government’s statement that the Sri Lanka Bureau of Foreign Employment manages a transit shelter which provides medical assistance and accommodation to migrant workers referred upon their return by the Bureau’s airport desk. It also notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of 14 December 2009, noted the measures taken by the Government to safeguard the rights of migrant workers, including Memoranda of Understanding and bilateral agreements with major labour receiving countries, the compulsory registration scheme requiring registration prior to departure for foreign employment, the development of standard-approved contracts and minimum average salaries for migrant domestic workers, and the appointment of labour welfare officers abroad. However, the CMW also expressed concern at reports of abuse and ill-treatment of Sri Lankan migrant workers in host countries, including sexual and physical violence, threats, work in degrading conditions, overly long working hours, insufficient food, no medical care, illegally low salaries, withheld pay and forced overtime (CMW/C/LKA/CO/1, paragraphs 27, 29 and 39). The Committee requests the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee requests the Government to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the Government’s statement that the prison authority does not permit the employment of prisoners in or outside prisons by private employers. The Committee therefore requested the Government to indicate if this meant that the work release scheme (in operation since 1974), which allowed the employment of prisoners outside prison premises, was no longer in force.

The Committee notes the Government’s statement that the work release system functions by allowing long-term prisoners, who have demonstrated good behaviour and are due for release within two years, to engage in employment only for government institutions. The purpose of this is to allow prisoners to adapt to society prior to their release. The Government states that it is not permitted to use prisoners in the private sector for employment in or outside prisons, according to prevailing regulations. The Committee requests the Government to provide a copy of these regulations which specify that it is prohibited to use prisoners for work in the private sector, with its next report.

2. Conviction in a court of law. The Committee notes that Prevention of Terrorism (Surrenderers Care and Rehabilitation) Regulations No. 5 of 2011 requires that any person who surrendered for any offence under the Prevention of Terrorism Act, or has surrendered in terms of the emergency regulations previously in force, shall be assigned to a “Protective Accommodation and Rehabilitation Centre” (section 4) and provided with appropriate vocational, technical or other training (section 5(1)). Through an order provided by the Minister of Defence, the Commissioner General of Rehabilitation is authorized to keep the surrenderer for a period not exceeding 12 months (section 6(1)), which may be extended for a further 12 months (section 8(2)(b)).

The Committee notes the Government’s statement that there are rehabilitation centres to rehabilitate and to socialize persons who surrender under the Prevention of Terrorism Act. These rehabilitation centres are exclusively to provide such persons with enhanced life skills before they are released to society. In this regard, it notes the information available on the web site of the Bureau of the Commissioner General of Rehabilitation that 20 different vocational courses are available to women undergoing rehabilitation in these centres, and 32 different vocational courses for men. The Government indicates that between 2008 and 2013, there were 11,651 persons (9,387 men and 2,264 women) participating in these programmes conducted by the rehabilitation authority. Finally, the Committee notes the Government’s statement that these centres are fully protected and run by the Government and provide a number of benefits under various schemes, but they are not allowed to be used for any work in the private sector or by government organizations as forced labour.