Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - Sri Lanka (Ratification: 1956)

The Committee takes note of the report sent on 3 October 2007 in reply to its comments of 2006 on the matters raised by the World Confederation of Labour (WCL, now ITUC – International Trade Union Confederation) in September 2005. It also notes the publication “Sri Lanka Future Directions” for the Ministry of Labour Relations and Foreign Employment, produced in collaboration with the ILO. The Committee notes that its observation of 2006 was discussed at the Conference Committee on the Application of Standards (ILC, 96th Session, June 2007), the conclusions of which read as follows:

The Committee took note of the statement made by the Government representative as well as the discussion that took place thereafter. It noted the observation made by the Committee of Experts concerning the lack of information about labour inspection staff in terms of numbers and qualifications; the infrequency of inspection visits; and the character of sanctions; the lack of information about transport facilities and means; the administrative and legislative obstacles hindering the freedom of inspectors to enter establishments; the lack of information about powers of labour inspectors; and the need to publish an annual inspection report containing the statistics required under the Convention. The Committee noted the detailed information provided by the Government representative on the restructuring of the labour inspection system, with ILO assistance, the efforts to develop the prevention side of labour inspection aimed at promoting the qualifications of labour inspection staff, and at increasing the number of female and male labour inspectors. While noting the declaration made by the Government on the absence of any restriction on the right of access by inspectors to establishments in export processing zones, and its confirmation that the system of administration was decentralized to allow better supervision of its operation, the Committee requested the Government to communicate to the ILO precise and detailed information on the relevant legal provisions, and of their practical application. It further requested the Government to communicate to the ILO a copy of the provisions providing for the doubling of the allocation of professional travel expenses of labour inspectors, and to explain the reimbursement procedure of expenses claimed by inspectors. The Committee requested that the Government ensure that the legislation is modified so as to give full effect to the provisions of article 13 relating to the powers of injunction, and to communicate to the ILO information on progress achieved to that end, and provide a copy of any relevant draft text or final text. The Committee also requested the Government to ensure the publication of an annual inspection report containing all legislative and practical information required under Article 21 of the Convention, and its communication to the ILO within the deadline provided for in Article 20. It expressed its hope that detailed information on inspection activities on child labour would also be included in such a report. It requested the Government to submit a full report to the Committee of Experts for its next session this year.

The Committee also notes the communication of 31 May 2007 from the Lanka Jathika Estate Workers Union on the application of the Convention, and the joint communication from the Confederation of Public Service Independent Trade Unions (COPSITU), the Government Service Labour Officers’ Association (GSLOA), the United Federation of Labour, the Progress Union, the Free Trade Zone Workers Union and the Health Service Trade Union Alliance, dated 4 October 2007 and concerning the Conference Committee’s discussion. The Office forwarded the communications to the Government on 16 August and 7 November 2007 respectively. The Committee notes that despite a request from the ILO on 18 October 2007, the Government has not sent the observations from the Lanka Jathika Estate Workers Union which it said were appended to its report.

Since the Government’s report arrived too late to be examined at the present session, the Committee would be grateful if the Government would in due course submit for examination at the next session the observation from the Lanka Jathika Estate Workers Union, referred to by the Government, and any comments and additional information it deems appropriate in response to the abovementioned conclusions of the Conference Committee on the Application of Standards and the comments by the abovementioned trade unions.

[The Government is asked to reply in detail to the present comments in 2008.]