Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 did not have the right to resign their commission, but might be allowed by the President to do so, under section 11 of the Air Force Act of 1949, the Navy Act of 1950 and the Army Act of 1949. It noted the Government’s indication that, as regards the Army Act 1949, career military personnel have the right to leave their services in peacetime at their requests. 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. The Committee requested the Government to clarify whether career members of the navy or air force also enjoy the right to leave their service at their own request at specified intervals.

The Government indicates in its report that even though the Air Force Act does not allow an officer to resign, the Air Force Orders include instances where officers may request resignation. It also states that members of the Air Force decide freely their professional status: either members classified as “service professionals” or as “command professionals”. Service professionals of the regular Air Force are eligible to apply for retirement after 20 years of service and service professionals of the Women’s Wing of the Air Force are eligible to apply for retirement after 15 years of service. However, command professionals should continue their service until they reach the regulation retirement age or the maximum period of service in a particular substantive rank. The Government also states that both service professionals and command professionals may request termination on extreme compassionate grounds at any time. Such request may be reviewed by a three-member panel appointed by the Commander of the Air Force. The Committee requests the Government to clearly indicate the applicable provisions regarding the right to leave the service under the Air Force Act and the Air Force Orders. It also requests the Government to provide information on the circumstances under which members of the Air Force may be authorized to terminate their service on extreme compassionate grounds, and to indicate the number of applications of career military members to resign that have been accepted or refused and the grounds for such decisions. Lastly, the Committee requests the Government to clarify whether career members of the navy force enjoy the right to leave their service at their own request at specified intervals.

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 that this Act was not used in practice and that discussions had taken place to explore the possibility of repealing it. The Committee expressed the hope that the Compulsory Public Service Act would be repealed in the near future with a view to bringing national legislation into conformity with the Convention and indicated practice.

The Committee notes the Government’s reiterated statement that the above mentioned sections of the Compulsory Public Service Act have not been used for a significant period. The Government specifies that, as graduates are attracted to the public sector, the repealing of the Compulsory Public Service Act would create civil unrest and public opposition. The Government also indicates that the Ministry of Public Administration has taken steps to appoint a special committee to study the socio-economic implications that would arise if the Act is repealed. The Committee accordingly expresses the hope that the Government will take the necessary measures in order to align the Compulsory Public Service Act with the practice indicated above, by repealing the compulsory nature of public service for graduates, thus making participation in public service for graduates voluntary. Please provide information on the progress made in this respect.

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. It also noted the Government’s information that the work release system allowed the employment of prisoners outside prison premises, but only for government institutions. The Committee accordingly requested the Government to indicate whether it considered revising the Work Release Scheme to ensure that prisoners might only be employed by government institutions, in order to align the legislation with the indicated practice.

The Committee notes the Government’s information that it will consider the Committee’s comments in consultation with the relevant authorities. The Committee once again 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”. The Committee expresses the hope that the Work Release Scheme will be revised to ensure that prisoners under the work release system may only be employed by government institutions, with a view to bringing national legislation into conformity with the indicated practice. It requests the Government to provide information on the progress achieved in this regard. In the meantime, it requests the Government to provide information on the types of work that may be required under the work release system.