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

Abolition of Forced Labour Convention, 1957 (No. 105) - Sri Lanka (Ratification: 2003)

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.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Emergency regulations. In its earlier comments, the Committee referred to the Emergency (Miscellaneous Provisions and Powers) Regulations, adopted in 1989 and revised in 1994, 2000 and 2005, which contained various prohibitions concerning meetings, processions and publications, enforceable with sanctions of imprisonment (involving compulsory prison labour by virtue of section 65 of the Prison Ordinance). The Committee notes that upon request by the President, these emergency regulations expired on 30 August 2011.

2. Penal Code. The Committee notes that section 120 of the Penal Code provides that whoever by words, signs or visible representations excites or attempts to excite feelings of disaffection to the President or the Government, or hatred to or contempt of the administration of justice, or excites or attempts to excite people, or attempts to raise discontent or to promote feelings of ill will and hostility between different classes of people, shall be punished with imprisonment for up to two years. The Committee requests the Government to provide information on the application of section 120 of the Penal Code in practice in order to ascertain the scope of these provisions and to ensure that they are not used to penalize the expression of political opinions by sanctions of imprisonment involving compulsory labour.

3. Prevention of terrorism regulations. The Committee notes that on 29 August 2011, Prevention of Terrorism Regulations Nos 1–5 were decreed which entered into force following the expiration of the emergency regulations. The Committee notes that section 3 of the Prevention of Terrorism (Proscription of the Liberation Tigers of Tamil Eelam) Regulations No. 1 of 2011 provides a broad definition of punishable activities, including taking part in meetings, promoting, encouraging, supporting, advising, assisting, and causing the dissemination of information, within or outside Sri Lanka, linked to the Sri Lanka Liberation Tigers of Tamil Eelam or any other organization presenting or acting on behalf of the said organization. This definition also covers any person connected or concerned in or reasonably suspected of being connected with or concerned in any of such activities. Any person found guilty of an offence as defined in section 3 shall be sentenced to imprisonment involving compulsory prison labour of up to 20 years (section 4) and any person who conspires to commit, attempt, abet, or engage in any conduct in preparation to commit an offence as defined in section 3 shall be sentenced to imprisonment up to ten years involving compulsory prison labour (section 5). The Committee further notes that the Prevention of Terrorism (Proscription of the Tamil Rehabilitation Organization) Regulations No. 2 of 2011 likewise imposes penalties of imprisonment involving compulsory prison labour of up to 20 years for a range of activities linked to the Tamil Rehabilitation Organization including attending meetings and publication of material (sections 3, 4 and 5).

The Committee also notes that the Prevention of Terrorism (Detainees and Remandees) Regulations No. 4 of 2011 provides for measures to continue to detain suspects who had been previously detained under the Emergency Regulations under the Prevention of Terrorism Act (section 2(2)). According to section 3, no person detained shall be released until the expiry of 30 days from 30 August 2011 provided that no detention order is issued pursuant to the Prevention of Terrorism Act or any other Act in force.

The Committee further notes that the 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 regulation previously in force, shall be assigned to a “Protective Accommodation and Rehabilitation Centre” and provided with appropriate vocational, technical or other training. The surrendee may be kept for a period not exceeding ten months, which may be extended for a further 12 months.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee would also like to point out that, if counter-terrorism legislation responds to the legitimate need to protect the security of the public against the use of violence, it can nevertheless become a means of political coercion and a means of punishing the peaceful exercise of civil rights and liberties, such as the freedom of expression and the right to organize. The Convention protects these rights and liberties against repression by means of sanctions involving compulsory work, and the limits which may be imposed on them by law need to be properly addressed. In this regard, the Committee refers also to the explanations in paragraphs 302–307 of its 2012 General Survey on the fundamental Conventions concerning rights at work.

Considering the broad definition of terrorist activities in the Prevention of Terrorism Regulations Nos 1 and 2, the Committee requests the Government to take the necessary measures to ensure that no sanctions involving compulsory labour can be imposed on those holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also requests the Government to take the necessary measures to ensure that all persons condemned with prison sentences under the emergency regulations for expressing political views or views ideologically opposed to the established political, social or economic system are not subject to compulsory prison labour. It further requests the Government to ensure that no sanctions involving compulsory labour can be imposed on surrendees in Protective Accommodation and Rehabilitation Centres for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information in its next report on the measures taken to bring its legislation and practice into conformity with the Convention in this respect.

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