Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sri Lanka (Ratification: 1998)

The Committee notes the observations by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report.

Legislative protection. The Committee recalls its previous comments, urging the Government to make every effort to introduce provisions in the legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention. In its reply, the Government continues to refer to the constitutional provisions, but does not indicate any further progress in introducing specific legislative provisions. Recalling that general constitutional provisions regarding equality, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation, the Committee again urges the Government to take steps to introduce specific legislative provisions ensuring that all women and men, whether citizens or non-citizens, are protected against discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention, and to provide information on progress made in this regard. The Committee also once again asks the Government to provide information on the concrete measures taken to protect, in practice, citizens and non-citizens against discrimination on the basis of sex, race, colour, religion, political opinion, national extraction and social origin.

Equality of opportunity between men and women. The Committee notes from the 2010 Labour Force Survey Annual Report of the Department of Census and Statistics, that the labour force participation of women is 31.2 per cent compared to 67.1 per cent for men. Only 15.6 per cent of working age women has employee status, compared to 36.4 per cent of men. In the Labour Force Survey, it is confirmed that “the occupational profiles of women and men are quite distinct”, with a high proportion among “skilled agricultural and fishery workers”. The Committee had also noted previously the under-representation of women in many areas of employment, and their concentration in self-employment and unskilled work, often in the informal economy, and in export processing zones (EPZs). The Committee notes the information provided by the Government on the range of measures taken by the Department of Labour and the Board of Investment, concerning conditions of employment and other facilities in the EPZs, as well as information on a range of gender-related activities including planned training and awareness-raising of the Gender Bureau under the Ministry of Labour Relations and Productivity Promotion. The Committee asks the Government to provide information on any measures taken or envisaged to effectively address occupational sex segregation, and the impact of such measures, including with respect to women in the informal economy, and in EPZs. It also asks the Government to provide information on any other measures taken to increase female labour force participation including increasing access to higher level posts. Please also provide information on the status of the adoption of the Women’s Rights Bill, as well as details of the Five-Year National Action Plan for 2010–14, and any information on its implementation.

Sexual harassment. The Committee had previously raised concerns regarding the absence of effective protection against sexual harassment. The Committee notes that the Government again refers to the voluntary “Code of Conduct and Procedures to address Sexual Harassment at the Workplace”, introduced by the Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon, indicating that the Code is considered as a milestone in Sri Lankan efforts to prevent sexual harassment at the workplace. The Government also indicates that a case of unjustified termination of service could be brought before the Labour Tribunal based on sexual harassment. The Committee notes that the Government has not given any indication that it intends to include a specific provision preventing and prohibiting sexual harassment in the labour law, as recommended by the Committee. The Committee recalls that clear definitions, encompassing quid pro quo and a hostile environment harassment, and appropriate responses in terms of remedies and complaints mechanisms under national laws, are important in addressing sexual harassment, which is a serious form of sex discrimination. The Committee therefore asks the Government to take steps to include specific legislative provisions prohibiting and preventing sexual harassment in employment and occupation. The Committee also asks the Government to provide information on the practical application of the Code of Conduct on sexual harassment, including its impact on preventing and addressing sexual harassment. Please also provide information on any complaints lodged, the remedies provided and sanctions imposed by the judicial or administrative authorities relating to sexual harassment, including in the context of unjustified termination. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the public and private sectors.

The Committee is raising other points in a request addressed directly to the Government.