Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the information supplied by the Government in its report, as well as the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU) on the application of the Convention.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Penal Code (Amendment) Act (No. 16 of 2006) introducing inter alia, provisions punishing the offence of trafficking in persons, and requested the Government to provide data concerning trafficking complaints, prosecutions and legal proceedings and measures taken to assist and protect victims of trafficking. The Committee notes the data provided by the Government in its report concerning the investigation and prosecution of, inter alia, complaints of trafficking in children in 2010.

The Committee also notes the concluding observations of the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment expressing concern about the reported abuses of many Sri Lankan migrant workers, especially women, who travel abroad and face conditions of forced labour or other abuse (CAT/C/LKA/CO/3-4, 8 December 2011, paragraph 24). In addition, the Committee notes the concluding observations of the Committee on the Elimination of Discrimination Against Women raising concern about the low number of convictions and punishment of those convicted of trafficking and the lack of protective measures and safe homes for victims of trafficking (CEDAW/C/LKA/CO/7, 4 February 2011, paragraph 26).

The Committee further takes note of the activities carried out under the technical cooperation project called “Prevention of Trafficking in Persons Project in Sri Lanka”, which is part of the Special Action Programme to combat Forced Labour (SAP-FL), in particular the training of 60 judges of the Magistrates Courts in August 2011. In these circumstances and noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide data in its next report concerning complaints, prosecutions and legal proceedings regarding trafficking in 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 ensure that victims of trafficking are adequately protected and assisted.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military servicemen to terminate their service. In its previous comments, the Committee 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 notes the Government’s indication in its report that the President exercises his power to grant the resignation on the merits of each application. The Committee further notes that, whereas the 2009 report of the Government indicated that the matter had been referred to the authorities, the latest report does not contain any information in this regard. Recalling that career members of the armed forces must fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to take the necessary measures to bring the statutory provisions governing the resignation of officers in times of peace into conformity with the Convention. Pending such measures, the Committee requests the Government to provide information in its next report on the application of section 11 of the Air Force Act 1949, the Navy Act 1950 and the Army Act 1949, in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Compulsory public service. In its previous comments, the Committee referred to sections 3(1), 4(1)(c) and 4(5) of the Compulsory Public Service Act, No. 70 of 1961, under which compulsory public service of up to five years may be imposed on graduates. The Committee notes the Government’s repeated statement in its reports, including its latest report, that no prosecutions under the Act have been reported so far. The Government also indicates once again that the decision to repeal the Act is under consideration by the Ministry of Public Administration and Home Affairs. While noting that no compulsory public service appears to have been imposed, the Committee must once again express the hope that the Compulsory Public Service Act will be repealed in the near future and the legislation will be brought into compliance with the Convention. It asks the Government to provide in its next report information on the progress made in this regard.

Article 2(2)(c). 1. Prison labour. In response to the Committee’s request to provide copies of agreements concluded by prison authorities with private users of prison labour, the Government states in its report that the prison authority does not permit the employment of prisoners in or outside prisons by private employers and that consequently no such agreements exist. The Committee requests the Government to clarify in its next report whether this means that the work release scheme (in operation since 1974) allowing the employment of prisoners outside prison premises, to which the Committee referred in its earlier comments, is no longer in force.

2. Conviction in a court of law. The Committee notes that Prevention of Terrorism (Surrendees care and Rehabilitation) Regulations No. 5 of 2011 requires that any person who surrendered for any offence under the Prevention of Terrorism Act, or has surrendered in terms of the emergency regulations previously in force, shall be assigned to a “Protective Accommodation and Rehabilitation Centre” (section 4) and provided with appropriate vocational, technical or other training (section 5(1)). Through an order provided by the Minister of Defence, the Commissioner General of Rehabilitation is authorized to keep the surrendee for a period not exceeding 12 months (section 6(1)), which may be extended for a further 12 months (section 8(2)(b)). Recalling that Article 2(2)(c) of the Convention provides that work or service exacted from any person as a consequence of a conviction in a court of law may be excluded from the scope of the Convention, the Committee requests the Government to provide information on the nature of the vocational, technical or other training provided in protective accommodation and rehabilitation centres and whether this includes an obligation to work.

Article 2(2)(d) of the Convention. Emergency regulations. The Committee notes that, upon request by the President, the emergency regulations, on which the Committee had been commenting for many years, expired on 31 August 2011. In this regard, the Committee refers to its comments addressed to the Government under Convention No. 105, likewise ratified by Sri Lanka.