Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Discrimination on grounds of religion. Further to its observation, the Committee notes that, with respect to the protection against discrimination of non-Buddhists, the Government states that article 9 of the Constitution, which accords Buddhism “the foremost place”, is meant to express that the majority of Sri Lankans profess Buddhist faith, without however giving Buddhism the status of the state religion. The Government further states that it accepts and respects all religions equally and that the Constitution guarantees freedom of religion of all citizens. The Committee notes these explanations and requests the Government to indicate in its next report the measures taken to ensure that both Buddhists and non-Buddhists are protected in practice against direct and indirect discrimination based on religion in employment and occupation.

2. Discrimination on ground of national extraction. With respect to its previous comments on the discrimination of Indian Tamils, the Committee notes the Government’s statement that, following a policy adopted in 1977, all Indian Tamils staying in Sri Lanka have been granted citizenship. The Government indicates that, accordingly, it decided to repeal the Indian Immigrant Ordinance of 1923, which was originally enacted to introduce Indian labour to Sri Lanka. The Committee notes further that, according to the International Confederation of Free Trade Unions (ICFTU), new legislation was introduced in 2003 providing for all Tamils of Indian origin to become citizens of Sri Lanka on the basis of a declaration that they are not citizens of another country. The Government is requested to provide in its next report a copy of the Grant of Citizenship to Persons of Indian Origin Act, 2003. Furthermore, while welcoming the naturalization of Indian Tamils under this Act, the Committee nevertheless recalls that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. The Committee reiterates its request to the Government to indicate how protection against discrimination of non-citizens and stateless persons is ensured in practice with respect to access to employment and occupation and vocational training. Please also provide information on steps taken or envisaged to formulate a national policy to promote equality of opportunity and treatment on all the grounds covered in Article 1(1)(a) of the Convention, including national extraction.

3. Promotion of equality of opportunity and treatment between men and women. The Committee notes that a Gender Bureau has been established and is presently conducting awareness-raising programmes with the assistance of the ILO, addressing a number of gender-related subjects. The Committee asks the Government to provide more details on the impact of these awareness raising programmes along with the other measures undertaken by the Gender Bureau to promote equality of opportunity and treatment between men and women in employment and occupation.

4. Application of the Convention in the public service. The Committee thanks the Government for providing a copy of the Establishments Code, 1985. It requests the Government to provide in its next report information on the measures taken or envisaged to ensure the practical application of the principle of equality of opportunity and treatment in the public service, and to include statistical information, disaggregated by sex, on the participation of women and men in the various public service occupations.

5. Equality of opportunity and treatment with respect to vocational training. The Committee thanks the Government for providing a copy of the Corporate Plan (2005-09) of the Tertiary and Vocational Education Commission (TVEC). It notes that the objectives of this Commission are the planning, coordination and development of tertiary and vocational education at all levels. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women enrolled in the different disciplines of vocational training and to indicate, in its next report, how the TVEC is ensuring equality of opportunity and treatment in vocational training with respect to all the grounds set out in the Convention.

6. Article 5. Special protective measures. Recalling its previous comment on the protective provisions in the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act which restrict the working hours of women, the Committee notes the Government’s statement that it has taken steps, after consultation with the social partners, to amend the relevant provisions with a view to facilitating the employment of women in the information technologies sector. The Committee welcomes this information and asks the Government to keep it informed of any further development in this respect, as well as to provide it with copies of the relevant provisions, as amended.

7. Enforcement. The Committee notes the information provided with the Government’s report regarding the complaints received by the Human Rights Commission in the area of harassment, recruitment and promotions, retirement and termination of employment, and the complaints received by the Parliamentary Commissioner for Administration (Ombudsman) in the area of promotions and salary payments. The Committee encourages the Government to continue to provide such information in its next report, specifying the nature and number, and outcome of cases that specifically deal with discrimination in employment and occupation on the grounds set out in the Convention.