Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

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

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

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

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

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