Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to terminate their service. The Committee previously noted that officers of the regular force or regular force reserve do not have the right to resign commission, but may be allowed by the President to do so, under section 11 of the Air Force Act 1949, the Navy Act 1950 and the Army Act 1949. The Committee also noted that, under section 10 of these Acts, every officer shall hold his appointment “during the President’s pleasure”. The Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement in its latest report that the matter has been referred to the authorities. The Committee reiterates the firm hope that the Government will soon be able to provide information on measures taken in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee noted that a work release scheme (in operation since 1974) allowed the employment of prisoners outside prison premises, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for the related maintenance work. The Committee notes the Government’s statement in the report that, at present, no prisoners have been employed by private employers. The Committee reiterates its request that the Government provide copies of the rules or regulations governing the work of prisoners under private contractors, as well as the form of consent to be signed by the prisoners who may be assigned such contracts. Please also supply copies of agreements concluded by prison authorities with private users of prison labour, if and when such agreements are available.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the adoption of the Penal Code (Amendment) Act (No. 16 of 2006) which introduced, inter alia, provisions punishing the offence of trafficking in persons (new section 360C), and offences of debt bondage or serfdom, slavery and the exaction of forced or compulsory labour, with heavy penalties of imprisonment. The Committee notes the data provided by the Government in its report concerning the investigation and prosecution of, inter alia, allegations of trafficking in children in 2008. The Committee refers in this regard to its comments addressed to the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Sri Lanka. The Government also states that information regarding legal proceedings and court decisions is not available, indicating that this information would be included in future reports when available.

The Committee hopes that, in its next report, the Government will provide data concerning trafficking allegations, prosecutions and legal proceedings regarding adult persons. The Committee also requests information regarding the measures which have been taken to encourage the victims of trafficking to turn to the authorities, as well as measures it has taken to inform victims and potential victims of trafficking. The Committee further renews its request that the Government provide information in its next report on measures taken to ensure that the penal provisions referred to above are strictly enforced against perpetrators, as required by Article 25 of the Convention.