Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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. 1. 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 their 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 Government indicated that the President exercises his power to grant the resignation on the merits of each application.

The Committee notes the Government’s statement in its report that there have been no changes made to the Navy Act 1950 and the Air Force Act 1949. However, the Government indicates that, as regards the Army Act 1949, career military personnel have the right to leave their services in peacetime at their requests. Generally, all army personnel shall serve their initial period of engagement, while there are windows to leave the army for soldiers in the fifth and 12th year of service and for officers after ten years’ service. Moreover, a person is allowed to leave the army at any time during peacetime on compassionate grounds and compulsive reasons such as migration. In addition, if they are given any specialized professional training or foreign training, the persons concerned are required to sign a bond to serve a stipulated period. The Committee requests the Government to clarify whether a career member of the navy or air force also enjoys the right to leave their service at their own request at specified intervals as provided for under the Army Act 1949.

2. Compulsory public service. The Committee previously 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. It also noted the Government’s indication that no prosecutions under this Act had so far been reported, and that the decision to repeal the Act was under consideration by the Ministry of Public Administration and Home Affairs. The Committee also noted the National Trade Union Federation (NTUF)’s statement that the Compulsory Public Service Act was not used in practice. It also noted the Government’s indication that, while the matter had been referred to the Ministry of Public Administration and Home Affairs, there had not been any significant progress in this regard.

The Committee notes the Government’s information that the discussions have taken place to explore the possibility of repealing the Compulsory Public Service Act No. 70 of 1961 and that the Ministry of Labour is keeping continuous communication with the relevant authorities and additional information will be communicated with the Committee once received. The Committee must once again express the hope that the Compulsory Public Service Act will be repealed in the near future with a view to bringing national legislation into conformity with the Convention and indicated practice. It requests the Government to provide information on the progress made in this regard.

Article 2(2)(c). Prison labour. The Committee previously noted that the prison authority does not permit the employment of prisoners in or outside prisons by private employers. The Committee therefore requested the Government to indicate if this meant that the Work Release Scheme (in operation since 1974), which allowed the employment of prisoners outside prison premises, was no longer in force. The Committee noted the Government’s statement that the work release system functions by allowing long-term prisoners, who have demonstrated good behaviour and are due for release within two years, to engage in employment only for government institutions. The Government stated that it is not permitted to use prisoners in the private sector for employment in or outside prisons, according to prevailing regulations.

The Committee notes the Government’s information that the Prisons Ordinance provides no rules and regulation in relation to whether the prisoners can be employed or not in the private sector. The Government reiterates that, however, in practice, they are being employed for government institutions with the purpose of allowing prisoners to adapt to society prior to their release. It also indicates that the Department of Prison is paying attention in this regard. Regarding wages, the Department of Labour has informed the Department of Prisons that the wages should be paid according to the National Minimum Wage Act No. 3 of 2016 and the Wages Boards Decisions, if the prisoners are employed in the private sector. The Committee recalls that, by virtue of Article 2(2)(c) of the Convention, the compulsory labour of convicted persons is excluded from the scope of the Convention, provided that it is “carried out under the supervision and control of a public authority” and that such persons are not “hired to or placed at the disposal of private individuals, companies or associations”. Noting that in practice prisoners under the work release system have only worked for government institutions, the Committee therefore requests the Government to indicate whether it is considering revising the Work Release Scheme to ensure that the prisoner may only be employed by government institutions, in order to align the legislation with the indicated practice.