Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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. The Committee previously noted 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 towards 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. It also noted that, by virtue of section 65 of the Prison Ordinance, imprisonment involved the obligation to perform compulsory labour. It requested information on the application of this provision of the Penal Code.

The Committee notes with concern the Government’s statement that it has not yet received information on the application of section 120 of the Penal Code. However, the Government indicates that it is implemented by government officers and government institutions and, in case a fraudulent case is brought, such officers or institutions can be penalized and ordered to compensate the affected party. Any case brought against a person under section 120 must be filed by making a charge sheet according to section 136(1)(a)(b) of the Penal Code. Additionally, the affected party has the right to file a case with the Supreme Court, pursuant to the Constitution. The Government indicates that it is therefore not possible to use section 120 of the Penal Code to penalize the expression of political opinions. The Committee once again requests the Government to provide information on the application of section 120 of the Penal Code in practice, including information on any arrests, prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of its application, in order to enable the Committee to assess the provision’s conformity with the Convention.

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