Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report has not been received. It also notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 20 February 2003. The Committee will consider the communication together with the Government’s next report and any observation the Government may wish to make in that regard at its next session. The Committee hopes that the report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as relevant part as follows:

1. The Committee notes that most of the provisions relevant to protection against discrimination are in the Constitution, which provides guidance for protection but which usually cannot be invoked directly by persons requiring protection against discrimination. It notes further that there is no general provision in legislation relating to employment in the private sector which provides protection against discrimination.

2. The Committee notes that article 9 of the Constitution provides that Buddha Sasana shall have the foremost place. It notes that article 10 contains protection of freedom of religion; and that article 12 provides for non discrimination on a number of grounds, including religion, but does not appear to cover employment and occupation. Please indicate whether according the "foremost place" to Buddha Sasana has any effect on the right of non-Buddhists to non-discrimination on the basis of religion in employment and occupation.

3. The Committee notes that section 12(2) of the Constitution provides protection against discrimination only for citizens. The Committee also notes the concern raised by the United Nations Committee on the Elimination of Racial Discrimination in 2001 that a large number of Indian Tamils and their descendants have still not been granted citizenship, and that, as a result, many of them continue to be stateless. The Committee therefore requests the Government to indicate how protection against discrimination on the grounds laid down in the Convention is provided to non-citizens. Please also indicate whether the Government has formulated a national policy to promote equality of opportunity and treatment on grounds of national extraction, covering Indian Tamils and members of other ethnic groups. Please indicate also what is the role of the Ministry of Justice, Ethnic Affairs and National Integration in implementing the Convention. In particular, the Committee would be grateful if the Government provides a copy of the strategy paper and the action agenda concerning the Ministry’s role and action, prepared by the Strategic Research Centre of the Ministry.

4. The Committee notes the National Workers’ Charter of 2 September 1995, and the Women’s Charter of 1993, which contain principles concerning promotion of the equality of women, and which cover workers in all economic sectors. The Committee notes that these two Charters provide that the State shall take all appropriate measures including the promulgation of legislation. Please indicate the legal status of these two Charters. Please also indicate what steps may have been taken towards adopting legislation incorporating the prohibition of discrimination and promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes that the Government’s report indicates that protection against discrimination in the public sector is provided by the Establishments Code, 1985. Please communicate a copy of this Code.

6. The Committee notes that the Government has prepared the National Plan of Action for Women in Sri Lanka - towards Gender Equality, in collaboration with non-governmental organizations (NGOs). Please communicate a copy of this plan, and of information and documents on the three-year development plan developed by the Ministry of Women’s Affairs. Please indicate how these plans are being implemented, and how the collaboration of employers’ and workers’ organizations has been sought.

7. Regarding vocational training, the Committee notes that the Tertiary and Vocational Education Act establishes the Tertiary and Vocational Education Commission in charge of the planning and coordination of vocational training. Please supply a copy of any development plan the Commission may have prepared, as well as information on progress in the implementation of the plan. Nothing that the specific guiding principle provided by the Act is the policy of eradication of illiteracy and the assurance of education, please indicate how these activities contribute to the objective of elimination of discrimination in employment and occupation.

8. The Committee notes that the Human Rights Commission of Sri Lanka may, on its own motion or on a complaint made to it, investigate an allegation of the infringement of fundamental rights of individuals, and can issue its recommendations. In this regard, the Committee requests the Government to supply any report that may have been issued on the activities of the Human Rights Commission of Sri Lanka, including information on cases filed before it and the Commission’s recommendations, in particular so far as they relate to employment and occupation.

9. The Committee notes that the Parliamentary Commissioner of Administration can also receive complaints on the violation of fundamental human rights and other injustices committed by public officers and local authorities. Please provide information on the activities of the Commissioner, including information on the types of complaints received and the Commissioner’s recommendations.

10. Noting the broad protection provided in legislation, such as provisions contained in the Employment of Women, Young Persons and Children Act or the Shops and Office Employees (Regulation of Employment and Remuneration) Act, which exclude or restrict access to certain kinds of employment, the Committee recalls that such measures should be proportional to the nature and scope of the protection needed. It therefore requests the Government to consider reviewing the protective provisions, in consultation with workers’ and employers’ representatives, in light of scientific and technological advances to determine whether they should be repealed, retained, or extended to male workers.