Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Forced Labour Convention, 1930 (No. 29) - Sri Lanka (Ratification: 1950)
Protocol of 2014 to the Forced Labour Convention, 1930 - Sri Lanka (Ratification: 2019)

Article 1(1), Article 2(1) and Article 25 of the Convention. 1. The Committee notes with interest the information provided by the Government in response to its previous observation concerning allegations of child labour exploitation, and in particular the amendments to the Penal Code (Act No. 22 of 1995) relating to the sexual exploitation of children. The Committee notes also from the Government's report that, in connection with the fight against child labour, the recruitment of more labour inspectors is under consideration. It would be grateful if the Government would include in its next report details of the manner in which Act No. 22 is applied and the number and extent of penalties imposed in prosecutions which have proceeded under it, as well as extracts from any inspection or other reports -- for example, of the Department of Probation and Child-Care Services, the monitoring committee under section 40 of the Children's Charter, and the Women and Children's Bureau of the Police Department and the Department of Labour respectively -- on practical difficulties in the application of the Convention in this respect.

2. As requested in the previous observation, the Committee would be grateful if the Government would indicate any measures to protect domestic workers from forced labour and to combat child servitude. It notes that domestic servants are covered by existing legislation.

Article 2(2)(d). 3. The Committee refers again to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. The Government declares that the ongoing war in the country affects all parts, every sector of the economy, national security and the maintenance of essential services. These provisions are thus still in force. The Committee recalls the earlier comments of the Ceylon Workers' Congress and reiterates that recourse to compulsory labour under emergency powers should be limited to circumstances which would endanger the existence or well-being of the whole or part of the population. It notes that the powers are not limited in this way in Sri Lanka and requests the Government to bring its legislation into conformity with the Convention.

Article 2(1) and (2). 4. The Committee recalls the Government's earlier indication that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates' compulsory public service of up to five years, had led to no prosecutions. It hopes steps will be taken to amend or repeal the Act, in order to comply with the Convention's requirements.

5. The Committee has noted the information provided by the Governmnet in response to its direct request, indicating that no cases of trafficking of children for 1997 have been reported. The Committee also notes that the issue of the right of those serving in the armed forces to leave their employment has been referred to the Ministry of Defence. It hopes the next report will deal further with these matters.