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

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

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.

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

Articles 1(1), 2(1) and 25 of the Convention. I. Trafficking in persons. 1. Penalties and law enforcement. The Committee previously noted the Government’s statement that, in 2016–17, the high courts had handed down six convictions of trafficking in persons, and the perpetrators had received penalties of imprisonment from six months to five years, along with fines. The Committee also noted the Government’s information that, in October 2016, the police department established the “Anti-Human Trafficking Unit” comprising 13 police officers to investigate cases on trafficking in persons. A special unit was also established under the Sri Lanka Bureau of Foreign Employment (SLBFE) to investigate trafficking-related complaints reported to it. The Committee requested the Government to continue its efforts to ensure thorough investigations, prosecutions and sufficiently effective and dissuasive penalties with regard to perpetrators of trafficking in persons.

The Government indicates in its report that the statistics of reported trafficking in persons cases have dropped significantly, indicating a very low prevalence of trafficking in persons related cases. It states that between April 2018 and March 2019, 18 cases of trafficking in persons have been investigated, ten indictments have been filed in court, and fives convictions were handed down, under sections 360A (procuring of persons) or 360C (trafficking in persons) of the Penal Code. Between April 2017 and March 2018, 16 cases of trafficking have been investigated, 28 indictments have been filed in court and three convictions were handed down under section 360A of the Penal Code. The Government further indicates that, in 2019, two persons were convicted under section 360C of the Penal Code and sentenced to two years of rigorous imprisonment, suspended for seven and ten years, respectively. The Committee recalls that, in light of the seriousness of the violation, it is essential that penalties imposed on perpetrators of offences of trafficking in persons are severe enough to fulfil their dissuasive function. The Committee requests the Government to continue its efforts to ensure that perpetrators of trafficking in persons are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice, and to specify the penalties applied. It also requests the Government to provide information on any cooperation initiatives in practice between law enforcement authorities, including the Anti-Human Trafficking Unit and the special unit established under the SLBFE.

2. Identification and protection of victims. The Committee previously noted that legal, medical and psychological assistance for trafficking victims was provided in a shelter maintained by the Ministry of Women and Child Affairs. The Committee encouraged the Government to continue to take measures to ensure that victims of trafficking were provided with appropriate protection and services, and to provide information on the number of persons benefiting from these services.

The Committee notes the Government’s information that the government-run shelter, established for both foreign and local victims of trafficking, hires specially trained officers. It also notes the Government’s indication that Standard Operating Procedures (SOPs) for the identification, protection and referral of victims of trafficking have been approved, in order to ensure the identification of victims of trafficking among vulnerable groups, including foreigners detained for visa overstays, women arrested for prostitution and related crimes, and Sri Lankans who find themselves victims of trafficking and exploitation whilst working regularly or irregularly overseas. The Committee requests the Government to pursue its efforts to ensure that victims of trafficking are effectively protected and assisted, and to provide information on the impact of the SOPs on the identification, referral and protection of victims of trafficking in persons. The Committee also requests the Government to provide information on the number of victims of trafficking identified, as well as the number of those who received the services provided by the above-mentioned shelter.

3. Programme of action and coordinating body. The Committee previously noted that the National Strategy Plan to Monitor and Combat Human Trafficking 2015–19 had been adopted in February 2016 and that a high-level committee chaired by the Prime Minister and the National Anti-Human Trafficking Task Force monitored the implementation of the Strategic Plan. It requested the Government to provide information on the implementation of this Plan.

The Committee notes the absence of information on this subject in the Government’s report. It notes the Government’s indication, in its report to the UN Human Rights Committee of April 2019, that the National Anti-Human Trafficking Task Force aims to strengthen coordination among key government stakeholders, increase prosecutions and improve the protection of victims. The National Anti-Human Trafficking Task Force is the national coordinating body to advise and monitor activities to be implemented in combating trafficking in persons in Sri Lanka (CCPR/C/LKA/6, paragraph 107). The Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons and requests the Government to provide information on the activities carried out in this regard, including the results achieved within the framework of the National Strategy Plan to Monitor and Combat Human Trafficking 2015–19 and whether it has been renewed.

II. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee previously noted that various measures had been taken by the Government to safeguard the rights of Sri Lankan migrant workers, including the implementation of programmes to raise awareness among migrant workers on their rights and obligations, the signing of 22 memorandums of understanding (MoU) with major labour host countries on the protection of rights of migrant workers, the compulsory registration scheme requiring registration prior to departure for foreign employment and the development of standard-approved contracts. The Committee also noted that the SLBFE managed a transit shelter which provided medical assistance and accommodation to migrant workers referred upon their return by the Bureau’s airport desk. The Government further indicated that consular assistance was provided through diplomatic missions in 16 major destination countries and 11 temporary shelters for female migrant workers as victims of abuse or exploitation. The Committee requested the Government to continue its efforts to ensure that migrant workers were fully protected from abusive practices and conditions that amount to the exaction of forced labour.

The Committee notes the Government’s indication that it has organized a pre-departure training programme for migrant workers, in particular to inform them of the existence of an SLBFE complaint handling mechanism, which helps Sri Lankan migrant workers to lodge their complaints when they are abroad. The Government also indicates that consular assistance has been maintained through diplomatic missions’ temporary shelters. In this regard, the Committee notes that, in its report to the UN Committee on Economic, Social and Cultural Rights of August 2017, the Government stated that there were 12 temporary shelters (“safe houses”) in ten countries for female migrant workers, which benefited 3,552 migrant workers (E/C.12/LKA/Q/5/Add.1, paragraph 74).

The Committee observes that, according to the Decent Work Country Programme (DWCP) 2018–22, in 2017, approximately 212,162 Sri Lankan migrated overseas for work, a decrease from 242,816 in the previous year, with the majority headed to the Middle East in low-skilled jobs. The DCWP indicates that factors such as exorbitant recruitment costs and fees for migrants have reportedly resulted in instances of debt bondage and exploitative labour practices. It also indicates that there are deficiencies in the implementation of the labour migration policy, which regulates the recruitment, in-service, return and reintegration of migrant workers, especially at the recruitment stage.

The Committee also takes note of the adoption of the National Action Plan for the Protection and Promotion of Human Rights 2017–21, which focuses on the protection of the rights of vulnerable communities, including migrant workers. It further notes that the Government has introduced a Sub Policy and National Action Plan on Return and Reintegration of Migrant Workers to protect the rights of migrant workers, in the framework of the Sri Lanka’s labour migration policy. Furthermore, the Committee notes that, according to a report of December 2017 entitled “Labour migration, skills development and the future of work in the Gulf Cooperation Council (GCC) countries”, the working conditions of Sri Lankan construction workers are improving so that the wage differential is less attractive (page 7). The Government is also investing on up/re-skilling programmes in construction, service and other hospitality industries to reduce the vulnerability of migrant workers (page 12). While taking due note of the measures undertaken by the Government, the Committee requests it to pursue its efforts to ensure that migrant workers are not exposed to practices that might increase their vulnerability to the exaction of forced labour, and to provide information on the results achieved in this regard, including within the framework of the National Action Plan for the Protection and Promotion of Human Rights 2017–21. The Committee also requests the Government to take the necessary measures to enhance the protection of migrant workers during the recruitment process by private recruitment agencies, and to provide information in this respect. Lastly, the Committee encourages the Government to pursue its efforts to sensitize migrant workers on their rights, including within the framework of the pre-departure training programme, and to provide information regarding the return and reintegration of migrant workers, especially within the framework of the Sub Policy and National Action Plan on Return and Reintegration of Migrant Workers.

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

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

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.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Penalties and law enforcement. The Committee previously noted the statement of the National Trade Union Federation (NTUF) that, while the Sri Lanka Bureau of Foreign Employment (SLBFE) is pursuing action to eradicate trafficking in persons, the penalties imposed on traffickers were not severe enough to serve as a deterrent. The Committee also noted the Government’s statement that, since 2009, the Criminal Investigations Department had commenced 61 investigations related to suspected cases of trafficking, which were still ongoing. The Women and Children’s Bureau of the Sri Lankan Police also carried out 38 investigations between March 2012 and April 2013. Moreover, the Attorney General’s Department had received 191 files of suspected cases of human trafficking since 2009, following which 65 indictments had been filed in court.

The Committee notes the Government’s information in its report that in October 2016, the police department established the “Anti-Human Trafficking Unit” with 13 police officers to investigate cases on human trafficking. A special unit has also been established under the SLBFE to investigate trafficking-related complaints reported to it. The Committee also notes that the Attorney General’s Department has forwarded a total number of 35 indictments to high courts in 2016, of which ten have been submitted to competent high courts for trafficking in persons under section 360C(1) of the Penal Code. Three of those were related to forced labour and seven were related to sexual exploitation. Additionally, the Attorney General has filed 25 indictments for procuration under section 360A of the Penal Code. The Government also indicates that 41 cases already filed are at different stages of trial in high courts across the country, of which at least 15 will be concluded by the end of 2017, as envisaged by the Attorney General’s Department. Approximately 61 suspects are being prosecuted during the reporting period. In 2016–17, the high courts have handed down six convictions of human trafficking, and the perpetrators have received penalties of imprisonment from six months to five years, along with fines of from 100,000 to 500,000 Sri Lankan rupees (LKR). The Government states that the main challenge to the suppress trafficking in persons is to obtain evidence from victims and to investigate cases where the credibility of the victim is in question. The Committee requests the Government to continue its efforts to ensure that persons who traffic in persons are subject to robust prosecutions and thorough investigations and that the penalties imposed on perpetrators are sufficiently effective and dissuasive. It also requests the Government to continue providing information on the application in practice of the relevant provisions of the Penal Code, including the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

2. Victim protection. The Committee previously noted that legal, medical and psychological assistance for trafficking victims was provided by the Government in collaboration with NGOs. The Ministry of Child Development and Women’s Affairs, under the direction of the task force functioning under the Ministry of Justice, had established a government-run shelter for victims of trafficking.

The Committee notes the Government’s information that it continues to provide legal, medical and psychological assistance for trafficking victims in the shelter maintained by the Ministry of Women and Child Affairs. Regarding the victims of trafficking for sexual exploitation, the Government indicates that the Attorney General’s Department has in several instances concluded that the vulnerability of women engaged in the sex industry had been exploited by the recruiter or facilitator to lure them into prostitution, which is one of the “means” defined by section 360C(1) of the Penal Code and used as the basis to identify the person concerned as a victim rather than a criminal. The Committee also notes from the Government’s report to the UN Committee on the Elimination of Discrimination against Women (CEDAW) of 2015 that the number of female victims of trafficking as reported by all police divisions was 29 out of 44 victims in total in 2011, two out of six in 2012, none in 2013 and four out of 12 in 2014 (CEDAW/C/LKA/8, paragraph 43). The Committee encourages the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services, and to provide information on the number of persons benefiting from these services.

3. Programme of action. The Committee notes that the Government’s written replies to the list of issues of the CEDAW of 2017 that the National Strategy Plan to Monitor and Combat Human Trafficking 2015-2019 has been adopted in February 2016. A high-level committee chaired by the Prime Minister and the National Anti-Trafficking Task Force monitor the implementation of the Strategic Plan (CEDAW/C/LKA/Q/8/Add.1, paragraphs 116–118). The Committee therefore requests the Government to provide information on the implementation of the Strategic Plan 2015-2019, including the activities carried out and the results achieved.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee previously noted that the Sri Lanka Bureau of Foreign Employment managed a transit shelter which provided medical assistance and accommodation to migrant workers referred upon their return by the Bureau’s airport desk. It also noted that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations, noted the measures taken by the Government to safeguard the rights of migrant workers, including memoranda of understanding (MoU) and bilateral agreements with major labour-receiving countries, the compulsory registration scheme requiring registration prior to departure for foreign employment, the development of standard-approved contracts and minimum average salaries for migrant domestic workers, and the appointment of labour welfare officers abroad. However, the CMW also expressed concern at reports of abuse and ill-treatment of Sri Lankan migrant workers in host countries.

The Committee notes the Government’s information that various measures have been taken to raise the awareness of migrant workers on their rights and obligations, such as the implementation of Safe Migration awareness programmes and the Comprehensive Information and Orientation Programmes. The Government indicates that the Ministry of Foreign Employment has signed 22 MoUs with major labour host countries on the protection of rights of migrant workers, which are reviewed annually by the Joint Technical Committees consisting of high-level representatives of both parties. The Government has also actively participated in regional consultation processes, such as the Colombo process and the Abu Dhabi Dialogue. The Committee also notes that consular assistance is provided through diplomatic missions in 16 major destination countries and 11 temporary shelters for female migrant workers as victims of abuse or exploitation. However, the Committee notes that, in its concluding observations of 2016, the CMW is concerned that Sri Lankan migrant workers continue to suffer numerous violations of their rights in host countries, including being deprived of the right to leave their place of work, non-payment of salaries, having their passports confiscated, harassment, violence, threats, inadequate living conditions, difficult access to health care and in some cases even torture (CMW/C/LKA/CO/2, paragraph 50). The Committee therefore requests the Government to continue its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. It also requests the Government to continue providing information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

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 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 exercised his power to grant the resignation on the merits of each application.

The Committee notes the Government’s statement that there have been no changes since its last report. 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 such refusals.

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. It also noted the Government’s indication that 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 notes the NTUF’s statement that the Compulsory Public Service Act is obsolete and is not used in practice. It also notes the Government’s indication that, while the matter has been referred to the Ministry of Public Administration and Home Affairs, there has not been any significant progress in this regard. 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. It requests the Government to provide, in its next report, information on the progress made in this regard.

3. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the Government’s statement that the Sri Lanka Bureau of Foreign Employment manages a transit shelter which provides medical assistance and accommodation to migrant workers referred upon their return by the Bureau’s airport desk. It also notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of 14 December 2009, noted the measures taken by the Government to safeguard the rights of migrant workers, including Memoranda of Understanding and bilateral agreements with major labour receiving countries, the compulsory registration scheme requiring registration prior to departure for foreign employment, the development of standard-approved contracts and minimum average salaries for migrant domestic workers, and the appointment of labour welfare officers abroad. However, the CMW also expressed concern at reports of abuse and ill-treatment of Sri Lankan migrant workers in host countries, including sexual and physical violence, threats, work in degrading conditions, overly long working hours, insufficient food, no medical care, illegally low salaries, withheld pay and forced overtime (CMW/C/LKA/CO/1, paragraphs 27, 29 and 39). The Committee requests the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee requests the Government to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the Government’s statement 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 notes 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 purpose of this is to allow prisoners to adapt to society prior to their release. The Government states that it is not permitted to use prisoners in the private sector for employment in or outside prisons, according to prevailing regulations. The Committee requests the Government to provide a copy of these regulations which specify that it is prohibited to use prisoners for work in the private sector, with its next report.

2. Conviction in a court of law. The Committee notes that Prevention of Terrorism (Surrenderers 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 surrenderer for a period not exceeding 12 months (section 6(1)), which may be extended for a further 12 months (section 8(2)(b)).

The Committee notes the Government’s statement that there are rehabilitation centres to rehabilitate and to socialize persons who surrender under the Prevention of Terrorism Act. These rehabilitation centres are exclusively to provide such persons with enhanced life skills before they are released to society. In this regard, it notes the information available on the web site of the Bureau of the Commissioner General of Rehabilitation that 20 different vocational courses are available to women undergoing rehabilitation in these centres, and 32 different vocational courses for men. The Government indicates that between 2008 and 2013, there were 11,651 persons (9,387 men and 2,264 women) participating in these programmes conducted by the rehabilitation authority. Finally, the Committee notes the Government’s statement that these centres are fully protected and run by the Government and provide a number of benefits under various schemes, but they are not allowed to be used for any work in the private sector or by government organizations as forced labour.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the NTUF’s statement that, while the Sri Lanka Bureau of Foreign Employment is pursuing action to eradicate trafficking in persons, the penalties imposed on traffickers are not severe enough to serve as a deterrent.

The Committee notes the Government’s statement that legal, medical and psychological assistance for trafficking victims is provided by the Government, in collaboration with NGOs. The Ministry of Child Development and Women’s Affairs, under the direction of the task force functioning under the Ministry of Justice, has established a government-run shelter for victims of trafficking. The Committee also notes the Government’s statement that, since 2009, the Criminal Investigations Department has commenced 61 investigations related to suspected cases of trafficking, and that these investigations are ongoing. The Children and Women’s Bureau of the Sri Lanka Police also carried out 38 investigations between March 2012 and April 2013. Moreover, the Attorney-General’s Department has received 191 files since 2009 of suspected cases of human trafficking, following which 65 indictments have been filed in court. Noting an absence of information on the number of convictions and penalties applied with regard to trafficking offences, the Committee recalls that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced. It therefore requests the Government to take the necessary measures to ensure that persons who traffic in persons are subject to robust prosecutions and thorough investigations, and that the penalties imposed on perpetrators are sufficiently effective and dissuasive. The Committee requests the Government to provide information on measures taken in this regard, as well as on the application in practice of the relevant provisions of the Penal Code, particularly the number convictions and the specific penalties applied. Lastly, it requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

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 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 exercised his power to grant the resignation on the merits of each application.

The Committee notes the Government’s statement that there have been no changes since its last report. 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 such refusals.

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. It also noted the Government’s indication that 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 notes the NTUF’s statement that the Compulsory Public Service Act is obsolete and is not used in practice. It also notes the Government’s indication that, while the matter has been referred to the Ministry of Public Administration and Home Affairs, there has not been any significant progress in this regard. 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. It requests the Government to provide, in its next report, information on the progress made in this regard.

3. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the Government’s statement that the Sri Lanka Bureau of Foreign Employment manages a transit shelter which provides medical assistance and accommodation to migrant workers referred upon their return by the Bureau’s airport desk. It also notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of 14 December 2009, noted the measures taken by the Government to safeguard the rights of migrant workers, including Memoranda of Understanding and bilateral agreements with major labour receiving countries, the compulsory registration scheme requiring registration prior to departure for foreign employment, the development of standard-approved contracts and minimum average salaries for migrant domestic workers, and the appointment of labour welfare officers abroad. However, the CMW also expressed concern at reports of abuse and ill-treatment of Sri Lankan migrant workers in host countries, including sexual and physical violence, threats, work in degrading conditions, overly long working hours, insufficient food, no medical care, illegally low salaries, withheld pay and forced overtime (CMW/C/LKA/CO/1, paragraphs 27, 29 and 39). The Committee requests the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee requests the Government to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the Government’s statement 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 notes 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 purpose of this is to allow prisoners to adapt to society prior to their release. The Government states that it is not permitted to use prisoners in the private sector for employment in or outside prisons, according to prevailing regulations. The Committee requests the Government to provide a copy of these regulations which specify that it is prohibited to use prisoners for work in the private sector, with its next report.

2. Conviction in a court of law. The Committee notes that Prevention of Terrorism (Surrenderers 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 surrenderer for a period not exceeding 12 months (section 6(1)), which may be extended for a further 12 months (section 8(2)(b)).

The Committee notes the Government’s statement that there are rehabilitation centres to rehabilitate and to socialize persons who surrender under the Prevention of Terrorism Act. These rehabilitation centres are exclusively to provide such persons with enhanced life skills before they are released to society. In this regard, it notes the information available on the web site of the Bureau of the Commissioner General of Rehabilitation that 20 different vocational courses are available to women undergoing rehabilitation in these centres, and 32 different vocational courses for men. The Government indicates that between 2008 and 2013, there were 11,651 persons (9,387 men and 2,264 women) participating in these programmes conducted by the rehabilitation authority. Finally, the Committee notes the Government’s statement that these centres are fully protected and run by the Government and provide a number of benefits under various schemes, but they are not allowed to be used for any work in the private sector or by government organizations as forced labour.

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

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations, expressed 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 notes the NTUF’s statement that, while the Sri Lanka Bureau of Foreign Employment is pursuing action to eradicate trafficking in persons, the penalties imposed on traffickers are not severe enough to serve as a deterrent.

The Committee notes the Government’s statement that legal, medical and psychological assistance for trafficking victims is provided by the Government, in collaboration with NGOs. The Ministry of Child Development and Women’s Affairs, under the direction of the task force functioning under the Ministry of Justice, has established a government-run shelter for victims of trafficking. The Committee also notes the Government’s statement that, since 2009, the Criminal Investigations Department has commenced 61 investigations related to suspected cases of trafficking, and that these investigations are ongoing. The Children and Women’s Bureau of the Sri Lanka Police also carried out 38 investigations between March 2012 and April 2013. Moreover, the Attorney-General’s Department has received 191 files since 2009 of suspected cases of human trafficking, following which 65 indictments have been filed in court. Noting an absence of information on the number of convictions and penalties applied with regard to trafficking offences, the Committee recalls that Article 25 of the Convention provides that the exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced. It therefore requests the Government to take the necessary measures to ensure that perpetrators of trafficking in persons are subject to robust prosecutions and thorough investigations, and that the penalties imposed on perpetrators are sufficiently effective and dissuasive. The Committee requests the Government to provide information on measures taken in this regard, as well as on the application in practice of the relevant provisions of the Penal Code, particularly the number of convictions and the specific penalties applied. Lastly, it requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services.

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

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. 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 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 also noted that, under section 10 of these Acts, every officer shall hold his appointment “during the President’s pleasure”. The Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement in its latest report that the matter has been referred to the authorities. The Committee reiterates the firm hope that the Government will soon be able to provide information on measures taken in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee noted that a work release scheme (in operation since 1974) allowed the employment of prisoners outside prison premises, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for the related maintenance work. The Committee notes the Government’s statement in the report that, at present, no prisoners have been employed by private employers. The Committee reiterates its request that the Government provide copies of the rules or regulations governing the work of prisoners under private contractors, as well as the form of consent to be signed by the prisoners who may be assigned such contracts. Please also supply copies of agreements concluded by prison authorities with private users of prison labour, if and when such agreements are available.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the adoption of the Penal Code (Amendment) Act (No. 16 of 2006) which introduced, inter alia, provisions punishing the offence of trafficking in persons (new section 360C), and offences of debt bondage or serfdom, slavery and the exaction of forced or compulsory labour, with heavy penalties of imprisonment. The Committee notes the data provided by the Government in its report concerning the investigation and prosecution of, inter alia, allegations of trafficking in children in 2008. The Committee refers in this regard to its comments addressed to the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Sri Lanka. The Government also states that information regarding legal proceedings and court decisions is not available, indicating that this information would be included in future reports when available.

The Committee hopes that, in its next report, the Government will provide data concerning trafficking allegations, prosecutions and legal proceedings regarding adult 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 inform victims and potential victims of trafficking. The Committee further renews its request that the Government provide information in its next report on measures taken to ensure that the penal provisions referred to above are strictly enforced against perpetrators, as required by Article 25 of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information supplied by the Government in its report, as well as the comments made by the National Trade Union Federation (NTUF) on the application of the Convention.

Article 2(2)(d) of the Convention. Emergency regulations. For many years, the Committee has been commenting on the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulation (adopted in 1989 and revised in 1994, 2000, 2005 and 2006). The Committee recalls, referring to paragraphs 62–64 of its General Survey of 2007 on the eradication of forced labour, that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances.

The Committee has noted the Government’s statement that the civil war, which previously necessitated such emergency regulations, had ended in May 2005. However, the Government adds that, in this post-conflict period, it is too early to lift the emergency regulation in the interests of public security, protection of public order and the maintenance of supplies and services essential to the life of the community. The Government additionally indicates that it has not engaged in practices which would be tantamount to forced labour within the context of the Convention.

While noting this information, the Committee firmly hopes that the Government will take action without delay to bring legislation into conformity with the Convention, and that the Government will report the progress made in this regard.

Articles 1(1) and 2(1). Compulsory public service. In its previous comments, the Committee has 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 has noted 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 that the decision to repeal the Act is under consideration by the Ministry of Public Administration and Home Affairs. The Committee expresses the firm 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 and the indicated practice. It asks the Government to provide in its next report information on the progress made in this regard.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. 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 Committee also noted that, under section 10, every officer shall hold his appointment “during the President’s pleasure”. The Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Government reiterates in its latest report that the matter has been referred to the authorities concerned and that, after several years of civil war, the Government and the militants have entered into a peace process and the problem will have to be dealt with in that light. The Committee therefore expresses the firm hope that, in its next report, the Government will be able to provide information on measures taken or envisaged in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee noted that a work release scheme (in operation since 1974) allowed the employment of prisoners outside prison premises, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for the related maintenance work. The Committee notes the Government’s indication in its latest report that, at present, employment of prisoners by private employers is not taking place, but normally, when prisoners are employed outside the prison in work release schemes, their consent is obtained in writing and they receive normal wages and work like normal wage earners. While noting these indications, as well as the Government’s statement in the report that no agreements with private contractors on employment of prisoners are available at the moment, the Committee would appreciate it if the Government would provide copies of the rules or regulations governing the work of prisoners under private contractors, as well as the form of consent to be signed by the prisoners. Please also supply copies of agreements concluded by prison authorities with private users of prison labour, if and when such agreements are available.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee has noted with interest the adoption of the Penal Code (Amendment) Act (No. 16 of 2006) which introduced provisions punishing the offence of trafficking in persons (new section 360C), as well as the offences of debt bondage or serfdom, slavery and the exaction of forced or compulsory labour (new section 358A), with heavy penalties of imprisonment. The Committee asks the Government to provide information on any legal proceedings which have been instituted as a consequence of the application of these provisions, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that these provisions are strictly enforced against perpetrators, as required by Article 25 of the Convention. Please also provide information on any measures taken or contemplated to combat trafficking in persons for the purpose of exploitation, supplying copies of any relevant reports, studies and inquiries and including available statistics concerning human trafficking.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(d) of the Convention. Emergency regulations. Over a number of years, the Committee has been referring to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations (adopted in 1989 and revised in 1994, 2000 and 2005). The Committee has duly noted the Government’s repeated statement in its reports that, in view of the ongoing civil war in the country, it is imperative that the provisions of the Emergency Regulations are to be in force in order to prevent any breakdown in the national security and to ensure the maintenance of essential services in the country. However, the Committee reiterates, referring also to paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation itself that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee reiterates its hope that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

Articles 1(1) and 2(1). Compulsory public service. In its earlier 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 has noted the Government’s repeated statement in its reports that no prosecutions under the Act have been reported so far. The Government repeats in its 2006 report that the Act has not been implemented in practice and has in effect fallen into disuse. However, the Government indicates that the matter has been referred to the Ministry of Public Administration and Home Affairs for further consideration and steps have been taken to repeal the Act. The Committee therefore expresses the hope that the Compulsory Public Service Act will soon be repealed and the legislation will be brought into compliance with the Convention and the indicated practice.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to terminate their service. In its earlier comments, the Committee 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 Committee also noted that, under section 10, every officer shall hold his appointment "during the President’s pleasure". Referring to paragraphs 33 and 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Government indicates in its report that the matter has been referred to the authorities concerned and that, after nearly two decades of civil war, the Government and the militants have entered into a peace process and the problem will have to be dealt with in that light. The Committee therefore hopes that, in its next report, the Government will be able to provide information on measures taken or envisaged in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention on this point.

Article 2(2)(c). Prison labour. The Committee previously noted from the Government’s reply to its 1998 general observation that there were no private prisons in the country, but that a Work Release Scheme (in operation since 1974) allowed the employment of prisoners outside prison premises in two private sector institutions, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for related maintenance work. The Committee also noted the Government’s indications concerning prisoners’ consent, wages and conditions of work. It again requests the Government to supply copies of agreements concluded by prison authorities with private contractors involving the employment of prisoners and of the form of consent to be signed by the prisoners.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1) of the Convention. Compulsory public service. The Committee previously noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It expressed the hope that the necessary measures would be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention. The Committee has noted from the Government’s 2002 report that this matter was also addressed under the plan of action recommended at the abovementioned workshop relating to the promotion of ratification of Convention No. 105 and the tripartite committee appointed to follow up its recommendations was looking into the matter. The Committee hopes that the Government’s next report will contain full information on the developments in this area.

Article 2(2)(d). Emergency regulations. In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. Referring to paragraph 36 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee has noted from the Government’s report that this matter was looked into in a tripartite workshop held with the assistance of the ILO to promote ratification of the Abolition of Forced Labour Convention, 1957 (No. 105), and that a tripartite committee including secretaries of the ministries concerned was appointed to follow up its recommendations. The Committee hopes that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments.

Prison labour

1. The Committee previously noted from the Government’s reply to its 1998 general observation that there were no private prisons in the country, but that a Work Release Scheme (in operation since 1974) allowed the employment of prisoners outside prison premises in two private sector institutions, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for related maintenance work. The Committee also noted the Government’s indications concerning prisoners’ consent, wages and conditions of work. It again requests the Government to supply copies of agreements concluded by prison authorities with private contractors involving the employment of prisoners and of the form of consent to be signed by the prisoners.

Freedom of career military servicemen to terminate their service

2. In its earlier comments, the Committee 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 Committee also noted that, under section 10, every officer shall hold his appointment "during the President’s pleasure". Referring to paragraphs 33 and 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Government indicates in its report that the matter has been referred to the authorities concerned and that, after nearly two decades of civil war, the Government and the militants have entered into a peace process and the problem will have to be dealt with in that light. The Committee therefore hopes that, in its next report, the Government will be able to provide information on measures taken or envisaged in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention on this point.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted the comments made by the Employers’ Federation of Ceylon and by the Lanka Jathika Estate Workers’ Union (LJEWU) on the application of the Convention. The Committee has noted with interest the ratification by Sri Lanka of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), as well as the Abolition of Forced Labour Convention, 1957 (No. 105).

Child exploitation

2. In its earlier comments the Committee referred to allegations of child labour exploitation in various sectors, such as domestic service, shops, private coaches, tourist industry, etc. It noted the amendments to the Penal Code made in 1995 and 1998 which had enhanced penalties for the exploitation of children, including sexual exploitation and trafficking. The Government indicates in its 2002 report that during 2001, 42 persons were prosecuted for employing child labour, mainly in domestic work. It also provides information on activities implemented with the assistance of the ILO-IPEC programme in Sri Lanka, such as training programmes for officers of the Department of Labour, Department of Police and Department of Probation and Child Care Services, assisting the Department of Labour in strengthening the regional committees’ services relating to domestic workers and carrying out a rapid assessment on child domestic labour in Sri Lanka. The Committee also notes with interest from the Government’s latest report that the Employment of Women, Young Persons and Children Act has been amended by Act No. 8 of 2003 in order to enhance penal sanctions with regard to employment of children and to provide for payment of compensation to the child victims. It also notes that the National Steering Committee (NSC) on the International Programme on the Elimination of Child Labour (IPEC) has been set up.

3. While noting the above information with interest, the Committee has noted from the communication by the LJEWU referred to above that the union expressed concern that the implementation of the legislative machinery is not sufficiently strengthened and there are administrative constraints restricting adequate enforcement of the law. The union alleges that national attention is focused on child labour exploitation only when isolated cases of inhuman treatment of child domestic servants are exposed by the print and visual media. The Committee hopes that the Government will refer to these comments in its next report and will supply information on the progress achieved in its efforts to strengthen the enforcement machinery in order to combat child exploitation. The Committee requests the Government to provide information on the manner in which the amendments to the Employment of Women, Young Persons and Children Act referred to above, as well as the amendments to the Penal Code introduced by Act No. 29 of 1998 and Act No. 22 of 1995 are applied in practice, including the number and extent of penalties imposed in prosecutions which have proceeded under it, as required by Article 25 of the Convention. Please also supply information on any further measures to protect child domestic servants from forced labour and to combat child servitude, enclosing relevant extracts from any inspection or other reports.

4. The Committee has noted a statement by the Employers’ Federation of Ceylon, in its comments referred to above, which contain a reference to the Global Report Stopping forced labour under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that an area of concern is the forced conscription of children and youth by militant groups, in the regions of the country affected by armed conflict. The Committee requests the Government to provide information on such practices and on any action programmes to prevent them, as well as on action taken against perpetrators.

Emergency regulations

5. In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. Referring to paragraph 36 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee has noted from the Government’s report that this matter was looked into in a tripartite workshop held with the assistance of the ILO to promote ratification of the Abolition of Forced Labour Convention, 1957 (No. 105), and that a tripartite committee including secretaries of the ministries concerned was appointed to follow up its recommendations. The Committee hopes that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

Compulsory public service

6. The Committee previously noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It expressed the hope that the necessary measures would be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention. The Committee has noted from the Government’s 2002 report that this matter was also addressed under the plan of action recommended at the abovementioned workshop relating to the promotion of ratification of Convention No. 105 and the tripartite committee appointed to follow up its recommendations was looking into the matter. The Committee hopes that the Government’s next report will contain full information on the developments in this area.

7. The Committee is again addressing to the Government a direct request on certain other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reply to its earlier comments.

Prison labour

1.  The Committee notes from the Government’s reply to its 1998 general observation that there are no private prisons in the country, but that a work release scheme (in operation since 1974) allows the employment of prisoners outside prison premises in two private sector institutions, and that prisoners are employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for the related maintenance work. The Committee notes the Government’s indications concerning prisoners’ consent, wages and conditions of work. It requests the Government to supply, in its next report, copies of agreements concluded by prison authorities with private contractors involving the employment of prisoners and of the form of consent to be signed by the prisoners.

Freedom of career military servicemen to terminate their service

2.  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 Committee also noted that, under section 10, every officer shall hold his appointment during the President’s pleasure.

The Committee notes the Government’s statement in the report that the duration of appointment of a commissioned officer is not specified. It also notes statistical data supplied by the Government concerning the numbers of officers whose application for resignation was accepted or rejected.

Referring to paragraphs 33 and 67-73 of its 1979 General Survey on the abolition of forced labour, the Committee wishes to recall that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee hopes that the Government will provide information on measures taken or envisaged in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention on this point.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in reply to its earlier comments.

Child exploitation

In its earlier comments the Committee referred to allegations of child labour exploitation in various sectors, such as domestic service, shops, private coaches, tourist industry, etc. It notes with interest the information on measures taken by the Government to combat child labour and child abuse, and in particular the new amendments to the Penal Code (Act No. 29 of 1998) which have enhanced penalties for the exploitation of children, as well as various measures taken with a view to strengthening the enforcement machinery, such as the appointment of more labour officers and Assistant Commissioners of Labour and setting up of regional committees to coordinate activities pertaining to child labour. The Committee also notes from the Government’s report that a wide range of activities has been implemented with the assistance of the ILO’s International Programme for the Elimination of Child Labour (IPEC) in Sri Lanka. It further notes the Government’s indication in the report concerning the amendment of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, which has now imposed a total prohibition on employing persons under the age of 14.

1.  The Committee would be grateful if the Government would supply in its next report further information on the progress achieved in its efforts to improve the legislative support to combat child exploitation and to ensure that exaction of forced labour is punished as a penal offence and that the penalties imposed by law are really adequate and strictly enforced, as required by Article 25 of the Convention. Please provide information on the manner in which the amendments to the Penal Code introduced by Act No. 29 of 1998 referred to above and by Act No. 22 of 1995 are applied in practice, including the number and extent of penalties imposed in prosecutions which have proceeded under it. Please also supply information on the activities of regional committees referred to above, which, according to the report, are being reviewed and monitored at the Women and Children’s Affairs Division of the Department of Labour, as well as extracts from any inspection or other reports - for example, of the National Child Protection Authority set up under Act No. 50 of 1958 - on practical difficulties in the application of the Convention in this respect.

2.  The Committee notes the Government’s confirmation in the report that domestic child workers are covered by the laws on child labour. The Committee would be grateful if the Government would continue to provide, in its future reports, information on any measures to protect child domestic servants from forced labour and to combat child servitude.

Emergency regulations

3.  In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. The Committee has noted the Government’s repeated statement that, in view of the ongoing war in the country, it is imperative that the provisions of the Emergency Regulations remain in force, in order to prevent any breakdown in the national security and to ensure the maintenance of essential services. Referring to paragraph 36 of its 1979 General Survey on the abolition of forced labour, the Committee wishes to point out once again that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee again requests the Government to provide information on measures taken or envisaged in order to bring the legislation into conformity with the Convention on this point.

Compulsory public service

4.  The Committee has noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It reiterates its hope that the necessary measures will be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention.

5.  The Committee is addressing a request directly to the Government on certain other points.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1), Article 2(1) and Article 25 of the Convention. 1. The Committee notes with interest the information provided by the Government in response to its previous observation concerning allegations of child labour exploitation, and in particular the amendments to the Penal Code (Act No. 22 of 1995) relating to the sexual exploitation of children. The Committee notes also from the Government's report that, in connection with the fight against child labour, the recruitment of more labour inspectors is under consideration. It would be grateful if the Government would include in its next report details of the manner in which Act No. 22 is applied and the number and extent of penalties imposed in prosecutions which have proceeded under it, as well as extracts from any inspection or other reports -- for example, of the Department of Probation and Child-Care Services, the monitoring committee under section 40 of the Children's Charter, and the Women and Children's Bureau of the Police Department and the Department of Labour respectively -- on practical difficulties in the application of the Convention in this respect.

2. As requested in the previous observation, the Committee would be grateful if the Government would indicate any measures to protect domestic workers from forced labour and to combat child servitude. It notes that domestic servants are covered by existing legislation.

Article 2(2)(d). 3. The Committee refers again to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. The Government declares that the ongoing war in the country affects all parts, every sector of the economy, national security and the maintenance of essential services. These provisions are thus still in force. The Committee recalls the earlier comments of the Ceylon Workers' Congress and reiterates that recourse to compulsory labour under emergency powers should be limited to circumstances which would endanger the existence or well-being of the whole or part of the population. It notes that the powers are not limited in this way in Sri Lanka and requests the Government to bring its legislation into conformity with the Convention.

Article 2(1) and (2). 4. The Committee recalls the Government's earlier indication that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates' compulsory public service of up to five years, had led to no prosecutions. It hopes steps will be taken to amend or repeal the Act, in order to comply with the Convention's requirements.

5. The Committee has noted the information provided by the Governmnet in response to its direct request, indicating that no cases of trafficking of children for 1997 have been reported. The Committee also notes that the issue of the right of those serving in the armed forces to leave their employment has been referred to the Ministry of Defence. It hopes the next report will deal further with these matters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee has noted the Children's Charter supplied by the Government with its report. The Committee hopes that the Government will supply copies of any laws or regulations already adopted thereunder which have a bearing on the Convention as well as information on the constitution of, and activities carried out by, the monitoring committee under article 40 of the Charter.

The Committee also requests the Government to provide a copy of recent reports and surveys made by the Women and Children's Bureau of the Police Department as well as by the Department of Probation and Child-Care Services and by the Women and Children's Bureau of the Department of Labour, which have a bearing on the application of the Convention.

2. The Committee has noted the Government's indication in its report that two incidents of trafficking of Sri Lankan children for camel riding in the Middle East were made known to the Government and a tightened passport control was introduced to prevent recruiters from forging passports and trafficking children abroad.

The Committee requests the Government to continue to supply information on its effort to suppress the trafficking of children.

3. The Committee has noted the texts of the Airforce Act, No. 41 of 1949; the Royal Ceylon Airforce (Regular and Regular Reserve) Regulations, 1951; the Navy Act, 1950; the Army Act, 1949, which the Government has supplied with its report.

The Committee has noted that an officer of the regular force or regular force reserve does not have the right to resign his commission, but may be allowed by the President to do so, under section 11 of the Airforce Act, the Navy Act and the Army Act. The Committee notes that, under section 10, every officer shall hold his appointment during the President's pleasure. The Committee would appreciate receiving information on the practical application of section 11 of the three Acts, including the numbers of officers whose application for resignation was accepted or not accepted by the President. The Committee would also request the Government to indicate the normal durations of appointments provided for under section 10 of the Acts.

The Committee has noted from section 168 of the Ceylon Airforce (Regular and Regular Reserve) Regulations, 1951, that any apprentice or airman, who has entered into a bond to serve for a fixed period as a condition precedent to any specialized training given to him, shall not be granted a discharge by purchase, provided that in the special circumstances of any particular case, the Permanent Secretary may authorize a discharge by purchase.

The Committee requests the Government to supply with its next report copies of regulations which cover the same subject-matter in the Navy and the Army and to indicate the practical application of the provision authorizing the Permanent Secretary to grant discharge in special circumstances.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government.

Child exploitation

1. In previous comments the Committee referred to allegations of child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps (Wadiyas). The Committee noted that article 27, paragraph 13, of the Constitution provides that the State shall promote with special care the interests of children and youth so as to ensure their full physical, mental, moral, religious and social development, to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children. The Committee noted, however, that it was alleged that protective laws were not adequately respected and enforced and that a reason for the abuse of child labour was the lack of deterrent punishment. The Committee noted the Government's indication in its report for the period ending 30 June 1993 and the survey on child employment in the passenger transport annexed to the report. The survey, as it indicates in page 2, was conducted upon receiving allegations made by the press and others to the effect that working children are exploited by private bus owners. The Committee noted that the survey found several instances of exploitative working conditions of child workers. The Committee noted the Government's indication that authorities in charge of child labour have felt a need for introducing new laws with regard to child labour and child abuse. It further noted the Government's indication that action was being taken to introduce new laws and to amend the prevailing laws, to impose severe penalties for the violation of the laws with regard to child labour, child abuse and other matters which come under the purview of the monitoring committee set up by the Children's Charter. The Government further indicated that the Adoption of Children's Ordinance, 1941, could be amended with a view to avoiding child exploitation under the guise of foster care, such as requiring also relatives to register for custody of children under 14 years of age or extending legal responsibilities of a registered guardian to cover also the duty of physical care, protection from violence and education.

The Committee hopes that the Government will supply further information on the progress achieved in its efforts to improve the legislative support to combat child exploitation, as well as to ensure that exaction of forced labour is punished as a penal offence and that the penalties imposed by law are really adequate and strictly enforced.

2. The Committee noted the Government's indication in its report for the period ending 30 June 1993 that the Department of Labour and the Department of Probation and Child-Care Services were the existing machineries for supervision of laws regarding children. Labour offices of the Department of Labour carried out their inspection under the provisions of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, and action was being taken to empower the probation officers of the Department of Probation and Child-Care Services to carry out inspections under the same Act. In view of the comments made by the Jathika Sevaka Sangamaya (National Employees' Union), noted by the Committee in its 1994 observation, to the effect that the non-application of the Convention is mainly due to the shortage of labour inspectors, the Committee hopes that measures will soon be taken to strengthen the labour inspectorate to cover the exploitation of labour, particularly child exploitation.

3. The Committee noted the Government's indication in its report for ther period ending 30 June 1993 that a large-scale campaign was launched to combat child labour on 5 November 1992 and, as a result, the Department of Probation and Child-Care Services received 1,290 complaints under which 50 persons were investigated and others are under investigation. The Committee hopes that the Government will supply information on the outcome of the continuation of this campaign and particulars of the persons investigated, the penalties imposed and the number of children rescued and rehabilitated.

4. The Committee in its previous observation referred to a series of sources, such as the report on child labour in Sri Lanka, published by the ILO in 1993, and the report on the Asian Regional Seminar on Children in Bondage, which took place in Islamabad on 23-26 November 1993. It noted various allegations made with respect to bonded child labour and exploitation of child domestic servants. As domestic workers are usually not covered by labour inspection, the Committee hopes that the Government will supply information more particularly on measures taken to protect domestic workers from forced labour and to combat child servitude.

Emergency regulations

5. In previous comments the Committee noted that the state of emergency proclaimed on 20 June 1989 under Part II of the Public Security Ordinance (Cap. 40), 1947, had been renewed monthly since that date and remained in force. The Committee noted that under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, also still in force, the President might order to require any person to do work or render any service in aid, or in connection with, the national security or the maintenance of essential services. Contravention or failure to comply with the requisition order is an offence and punishable, in addition to any other penalty imposed by the court, by forfeiture of all property. The list of essential services contained in the schedule to Regulations No. 1 of 1989, such as modified subsequently, comprises, inter alia, services, work or labour necessary or to be done in connection with the export of commodities, garments and other export products.

The Committee noted with interest that the Emergency (Maintenance of Exports) Regulations, No. 1 of 1992, which had punished persons intimidating or disrupting manufactures or processes for export was repealed by the Regulation made by the President under section 5 of the Public Security Ordinance (Cap. 40) on 29 September 1992 published in Gazette Extraordinary No. 734/8.

However, in light of the continuation of the validity of the Public Security Ordinance as a whole and recalling early comments made by the Ceylon Workers' Congress, alleging large powers given under the Ordinance to officials to require any person to do any work or render any personal services under the menace of penalties, the Committee wishes, once again, to recall that recourse to compulsory labour under emergency powers is to be limited to circumstances which endanger the existence or well being of the whole or part of the population. It should be clear from the legislation itself that the power to exact labour is limited to what is strictly required to cope with such circumstances. The Committee again requests the Government to provide information on measures taken or envisaged to this effect.

6. In previous comments the Committee referred to the Compulsory Public Service Act No. 70 of 1961 imposing on graduates an obligation to perform compulsory public service for up to five years under penalty of a fine for every day's failure to discharge this duty (sections 3(1), 4(1)(c) and 4(5)). The Government, in its latest report, refers to its previous reports in which it had indicated that the Act was not implemented in respect of medical officers and that no enforcement of the provisions of the Act had come to the Government's notice. The Committee noted the Government's indication that there were no reported instances of prosecutions against any graduates under this law. The Committee again expresses the hope that the Government will indicate measures contemplated or adopted to amend or repeal the Compulsory Public Service Act.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Children's Charter supplied by the Government with its report. The Committee hopes that the Government will supply copies of any laws or regulations already adopted thereunder which have a bearing on the Convention as well as information on the constitution of, and activities carried out by, the monitoring committee under article 40 of the Charter.

The Committee also requests the Government to provide a copy of recent reports and surveys made by the Women and Children's Bureau of the Police Department as well as by the Department of Probation and Child-Care Services and by the Women and Children's Bureau of the Department of Labour, which have a bearing on the application of the Convention.

2. The Committee notes the Government's indication in its report that two incidents of trafficking of Sri Lankan children for camel riding in the Middle East were made known to the Government and a tightened passport control was introduced to prevent recruiters from forging passports and trafficking children abroad.

The Committee requests the Government to continue to supply information on its effort to suppress the trafficking of children.

3. The Committee notes the texts of the Airforce Act, No. 41 of 1949; the Royal Ceylon Airforce (Regular and Regular Reserve) Regulations, 1951; the Navy Act, 1950; the Army Act, 1949, which the Government has supplied with its report.

The Committee notes that an officer of the regular force or regular force reserve does not have the right to resign his commission, but may be allowed by the President to do so, under section 11 of the Airforce Act, the Navy Act and the Army Act. The Committee notes that, under section 10, every officer shall hold his appointment during the President's pleasure. The Committee would appreciate receiving information on the practical application of section 11 of the three Acts, including the numbers of officers whose application for resignation was accepted or not accepted by the President. The Committee would also request the Government to indicate the normal durations of appointments provided for under section 10 of the Acts.

The Committee notes from section 168 of the Ceylon Airforce (Regular and Regular Reserve) Regulations, 1951, that any apprentice or airman, who has entered into a bond to serve for a fixed period as a condition precedent to any specialized training given to him, shall not be granted a discharge by purchase, provided that in the special circumstances of any particular case, the Permanent Secretary may authorize a discharge by purchase.

The Committee requests the Government to supply with its next report copies of regulations which cover the same subject-matter in the Navy and the Army and to indicate the practical application of the provision authorizing the Permanent Secretary to grant discharge in special circumstances.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report received on 30 March 1994.

Child exploitation

1. In previous comments the Committee referred to allegations of child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps (Wadiyas). The Committee noted that article 27, paragraph 13, of the Constitution provides that the State shall promote with special care the interests of children and youth so as to ensure their full physical, mental, moral, religious and social development, to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children. The Committee noted, however, that it was alleged that protective laws were not adequately respected and enforced and that a reason for the abuse of child labour was the lack of deterrent punishment. The Committee noted the Government's information in its report for the period ending 30 June 1993 and the survey on child employment in the passenger transport annexed to the report. The survey, as it indicates in page 2, was conducted upon receiving allegations made by the press and others to the effect that working children are exploited by private bus owners. The Committee notes that the survey found several instances of exploitative working conditions of child workers. The Committee notes the Government's indication in its report that authorities in charge of child labour have felt a need for introducing new laws with regard to child labour and child abuse. It further notes the Government's indication that action is now being taken to introduce new laws and to amend the prevailing laws, to impose severe penalties for the violation of the laws with regard to child labour, child abuse and other matters which come under the purview of the monitoring committee set up by the Children's Charter. The Government further indicates that the Adoption of Children's Ordinance, 1941, could be amended with a view to avoiding child exploitation under the guise of foster care, such as requiring also relatives to register for custody of children under 14 years of age or extending legal responsibilities of a registered guardian to cover also the duty of physical care, protection from violence and education.

The Committee hopes that the Government will supply further information on the progress achieved in its efforts to improve the legislative support to combat child exploitation, as well as to ensure that exaction of forced labour is punished as a penal offence and that the penalties imposed by law are really adequate and strictly enforced.

2. The Committee notes the Government's indication in its report that the Department of Labour and the Department of Probation and Child-Care Services are the existing machineries for supervision of laws regarding children. Labour offices of the Department of Labour carry out their inspection under the provisions of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, and action is being taken to empower the probation officers of the Department of Probation and Child-Care Services to carry out inspections under the same Act. In view of the comments made by the Jathika Sevaka Sangamaya (National Employees' Union), noted by the Committee in its last observation, to the effect that the non-application of the Convention is mainly due to the shortage of labour inspectors, the Committee hopes that measures will soon be taken to strengthen the labour inspectorate to cover the exploitation of labour, particularly child exploitation.

3. The Committee notes the Government's indication in its report that a large-scale campaign was launched to combat child labour on 5 November 1992 and, as a result, the Department of Probation and Child-Care Services received 1,290 complaints under which 50 persons were investigated and others are under investigation. The Committee hopes that the Government will supply information on the outcome of the continuation of this campaign and particulars of the persons investigated, the penalties imposed and the number of children rescued and rehabilitated.

4. The Committee in its previous observation referred to a series of sources, such as the report on child labour in Sri Lanka, published by the ILO in 1993, and the report on the Asian Regional Seminar on Children in Bondage, 23-26 November 1993. It noted various allegations made with respect to bonded child labour and exploitation of child domestic servants. As domestic workers are usually not covered by labour inspection, the Committee hopes that the Government will supply information more particularly on measures taken to protect domestic workers from forced labour and to combat child servitude.

Emergency regulations

5. In previous comments the Committee noted that the state of emergency proclaimed on 20 June 1989 under Part II of the Public Security Ordinance (Cap. 40), 1947, had been renewed monthly since that date and remained in force. The Committee noted that under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, also still in force, the President might order to require any person to do work or render any service in aid, or in connection with, the national security or the maintenance of essential services. Contravention or failure to comply with the requisition order is an offence and punishable, in addition to any other penalty imposed by the court, by forfeiture of all property. The list of essential services contained in the schedule to Regulations No. 1 of 1989, such as modified subsequently, comprises, inter alia, services, work or labour necessary or to be done in connection with the export of commodities, garments and other export products.

The Committee notes with interest that the Emergency (Maintenance of Exports) Regulations, No. 1 of 1992, which had punished persons intimidating or disrupting manufactures or processes for export was repealed by the Regulation made by the President under section 5 of the Public Security Ordinance (Cap. 40) on 29 September 1992 published in Gazette Extraordinary No. 734/8.

However, in light of the continuation of the validity of the Public Security Ordinance as a whole and recalling early comments made by the Ceylon Workers' Congress, alleging large powers given under the Ordinance to officials to require any person to do any work or render any personal services under the menace of penalties, the Committee wishes, once again, to recall that recourse to compulsory labour under emergency powers is to be limited to circumstances which endanger the existence or well being of the whole or part of the population. It should be clear from the legislation itself that the power to exact labour is limited to what is strictly required to cope with such circumstances. The Committee again requests the Government to provide information on measures taken or envisaged to this effect.

6. In previous comments the Committee referred to the Compulsory Public Service Act No. 70 of 1961 imposing on graduates an obligation to perform compulsory public service for up to five years under penalty of a fine for every day's failure to discharge this duty (sections 3(1), 4(1)(c) and 4(5)). The Government, in its latest report, refers to its previous reports in which it had indicated that the Act was not implemented in respect of medical officers and that no enforcement of the provisions of the Act had come to the Government's notice. The Committee noted the Government's indication that there were no reported instances of prosecutions against any graduates under this law. The Committee again expresses the hope that the Government will indicate measures contemplated or adopted to amend or repeal the Compulsory Public Service Act.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Referring also to its observation under the Convention, the Committee notes that the documents submitted to the Asian Regional Seminar on Children in Bondage refer to the adoption in 1992 of a National Children's Charter laying down policy guidelines aimed at the development of laws, regulations and practices relating to children and providing for the setting up of a monitoring committee. The Committee again expresses the hope that the Government will provide a copy of the National Children's Charter, of any laws or regulations already adopted thereunder which have a bearing on the Convention was well as information on the constitution of and activities carried out by the monitoring committee.

The Committee also again requests the Government to provide a copy of recent reports and surveys made by the Women and Children Bureau of the Police Department as well as by the Department of Probation and Child Care Services and by the Women and Children Bureau of the Department of Labour.

2. The Committee had taken note of information of recruitment and trafficking of Sri Lankan children for camel riding in the Middle East (ILO, Child Labour in Sri Lanka, 1992). The Committee would appreciate that the Government provide information on this problem and on measures taken or envisaged with a view to halt this traffic.

3. In its previous comments the Committee noted the information supplied by the Government regarding the possibility of career members of the armed forces to leave the service on their own initiative and it requested the Government to provide further details on the length of service for persons who have accepted to serve for a stipulated period, the amount of payment required from persons serving for such a period who apply for resignation as well as on the criteria used by the President to allow officers to resign, including the number of cases where applications for resignation by officers had been rejected. The Committee noted that the information by the Government in its report for the period ending 30 June 1991 was not different from that previously provided. The Committee again expresses the hope that the Government will send with its next report copies of the rules and regulations governing these matters as well as the details previously requested.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee noted the information provided by the Government in its report for the period ending 30 June 1991. The Committee also noted the comments by Jathika Sevaka Sangamaya (National Employees Union) on the application of the Convention. 1. Article 25 of the Convention. In previous comments the Committee referred to allegations of child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps (Wadiyas). The Committee noted that slavery was abolished in 1844, that sections 361 and 362 of the Penal Code prohibit buying or disposing of any person as a slave but that according to the Ceylon Workers' Congress no other provisions prohibited forced labour. The Committee further noted that article 27, paragraph 13, of the Constitution provides that the State shall promote with special care the interests of children and youth so as to ensure their full physical, mental, moral, religious and social development, to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children. The Committee noted, however, that it was alleged that protective laws were not adequately respected and enforced and that the main reason for the abuse of child labour was the lack of deterrent punishment. The Committee noted the Government's information in its report for the period ending 30 June 1991 and the survey on child employment in the passenger transport annexed to the report. The Committee also took note of the documents submitted by the Sri Lankan participants in the Asian Regional Seminar on Children in Bondage (Islamabad, Pakistan, 23-26 November 1993). This seminar was organized by the ILO in collaboration with the Government of Pakistan and the UN Centre for Human Rights and was attended by participants from Bangladesh, India, Nepal, Pakistan, Sri Lanka and Thailand; it included judges, lawyers, labour officials, members of employers' and workers' organizations, and officials of national and regional non-governmental organizations concerned with bonded labour. The participants formulated and adopted a Programme of Action against Child Bondage. In relation to the situation in Sri Lanka the documents submitted refer to instances of forced child labour to be found essentially in domestic service. It is stated that child servants are mostly brought from the rural areas to the urban households by agents. In many situations, the parents lose contact with the children who virtually become abandoned and have no alternative but to remain with their masters. It is recorded that the Women and Children's Bureau of the Police Department has received over 1,000 complaints over the last few years of children being subjected to inhuman treatment such as being beaten or burnt by their masters, but the actual statistics would undoubtedly be higher. Such domestic servants are stated to be harassed, physically tortured and sexually abused by their masters; some are badly maimed and mentally scarred for life. Many end up in prostitution where they continue to be exploited. Although some employers are arrested and tried, they constitute a microscopic minority and the majority of employers get away as the children are either frightened or have no means of alerting the authorities. The Committee noted that the report on child labour in Sri Lanka, published by the ILO in 1993, refers to newspaper reports and cuttings which indicate that some children had been starved, some battered, burnt or tortured to death. The Committee also noted that in its comments the Jathika Sevaka Sangamaya pointed to the employment of children in domestic service and stated that the Convention was not applied satisfactorily due mainly to the shortage of labour inspectors. The documents also refer to bonded child labour in fishing camps (wadiyas) situated in small islands off the north western and eastern coasts. These children are removed from their parents, in payment of a small sum of money, under the false promise of a brighter prospect. They are not allowed to leave the islands and become virtual slaves. The unrest prevailing in these regions seems however to have made it difficult for such camps to operate in these areas and the Government indicated in its report that child labour in fishing camps was not a frequent occurrence. The Committee noted the above comments and documents. The Committee again expresses the hope that the Government will supply information on the application of the Convention in law and in practice with regard to the situation referred to in these comments and documents, including full particulars on the following: measures taken or envisaged as concerns adoption and enforcement of penal sanctions against exploiters of forced child labour, in particular in domestic service; inspections carried out and prosecutions engaged and any measures adopted to establish an adequate and efficient law enforcement machinery; rehabilitation measures for rescued children; any other measures for the protection of children against forced labour. Referring also to the above-mentioned Programme of Action against Child Bondage adopted by the participants in the Islamabad Seminar, the Committee again expresses the hope that the Government will provide information on any national action programme adopted or envisaged to combat child servitude. 2. With reference to its previous comments the Committee noted that the state of emergency proclaimed on 20 June 1989 under Part II of the Public Security Ordinance (Chapter 40), 1947, had been renewed monthly since that date and remained in force. The Committee noted that under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, also still in force, the President might order to require any person to do any work or render any service in aid, or in connection with, the national security or the maintenance of essential services. Contravention or failure to comply with the requisition order is an offence and punishable, in addition to any other penalty imposed by the court, by forfeiture of all property. The list of essential services contained in the schedule to Regulations No. 1 of 1989, such as modified subsequently, comprises inter alia services, work or labour necessary or to be done in connection with the export of commodities, garments and other export products. The Committee recalled that the Ceylon Workers' Congress in comments made on the application of the Convention had previously indicated that the President published a series of regulations empowering officials to require any person to do any work or render any personal service under the menace of penalties. Referring to the provisions of Article 2, paragraph 2(d), of the Convention and to the explanations provided in paragraphs 63 to 66 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, the Committee recalled that recourse to compulsory labour under emergency powers is to be limited to circumstances which endanger the existence or well-being of the whole or part of the population. It should be clear from the legislation itself that the power to exact labour is limited to what is strictly required to cope with such circumstances. The Committee again requests the Government to provide information on measures taken or envisaged to this effect. 3. The Committee noted that under the provisions of section 41 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, relating to the maintenance of and obstruction to essential services, a person who fails or refuses to attend his workplace, or to perform work to which he is directed (section 41, paragraph 1(a) to (c)) is deemed to have forthwith terminated or vacated his employment, notwithstanding anything to the contrary in any other law or terms or conditions of a contract governing his employment. The Committee again requests the Government to indicate whether the provisions of the Essential Public Services Act No. 61 of 1979 remained applicable. 4. In previous comments the Committee referred to the Compulsory Public Service Act No. 70 of 1961 imposing on graduates an obligation to perform compulsory public service for up to five years under penalty of a fine for every day's failure to discharge this duty (sections 3(1), 4(1)(c) and 4(5)). The Government indicated that the Act was not implemented in respect of medical officers and that no enforcement of the provisions of the Act had come to the Government's notice. The Committee noted the Government's information that there were no reported instances of prosecutions against any graduates under this law. The Committee again expresses the hope that the Government will indicate measures contemplated or adopted to amend or repeal the Compulsory Public Service Act.

TEXT The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Referring also to its observation under the Convention, the Committee notes that the documents submitted to the Asian Regional Seminar on Children in Bondage refer to the adoption in 1992 of a National Children's Charter laying down policy guidelines aimed at the development of laws, regulations and practices relating to children and providing for the setting up of a monitoring committee. The Committee hopes that the Government will provide a copy of the National Children's Charter, of any laws or regulations already adopted thereunder which have a bearing on the Convention was well as information on the constitution of and activities carried out by the monitoring committee.

The Committee also requests the Government to provide a copy of recent reports and surveys made by the Women and Children Bureau of the Police Department as well as by the Department of Probation and Child Care Services and by the Women and Children Bureau of the Department of Labour.

2. The Committee has taken note of information of recruitment and trafficking of Sri Lankan children for camel riding in the Middle East (ILO, Child Labour in Sri Lanka, 1992). The Committee would appreciate that the Government provide information on this problem and on measures taken or envisaged with a view to halt this traffic.

3. In its previous comments the Committee noted the information supplied by the Government regarding the possibility of career members of the armed forces to leave the service on their own initiative and it requested the Government to provide further details on the length of service for persons who have accepted to serve for a stipulated period, the amount of payment required from persons serving for such a period who apply for resignation as well as on the criteria used by the President to allow officers to resign, including the number of cases where applications for resignation by officers had been rejected. The Committee notes that the information by the Government in its latest report is not different from that previously provided. The Committee hopes that the Government will send with its next report copies of the rules and regulations governing these matters as well as the details previously requested.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its report. The Committee also notes the comments by Jathika Sevaka Sangamaya (National Employees Union) on the application of the Convention.

1. Article 25 of the Convention. In previous comments the Committee referred to allegations of child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps (Wadiyas). The Committee noted that slavery was abolished in 1844, that sections 361 and 362 of the Penal Code prohibit buying or disposing of any person as a slave but that according to the Ceylon Workers' Congress no other provisions prohibited forced labour. The Committee further noted that article 27, paragraph 13, of the Constitution provides that the State shall promote with special care the interests of children and youth so as to ensure their full physical, mental, moral, religious and social development, to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children. The Committee noted, however, that it was alleged that protective laws were not adequately respected and enforced and that the main reason for the abuse of child labour was the lack of deterrent punishment.

The Committee notes the Government's information in its report and the survey on child employment in the passenger transport annexed to the report.

The Committee has also taken note of the documents submitted by the Sri Lankan participants in the Asian Regional Seminar on Children in Bondage (Islamabad, Pakistan, 23-26 November 1993). This seminar was organized by the ILO in collaboration with the Government of Pakistan and the UN Centre for Human Rights and was attended by participants from Bangladesh, India, Nepal, Pakistan, Sri Lanka and Thailand; it included judges, lawyers, labour officials, members of employers' and workers' organizations, and officials of national and regional non-governmental organizations concerned with bonded labour. The participants formulated and adopted a Programme of Action against Child Bondage.

In relation to the situation in Sri Lanka the documents submitted refer to instances of forced child labour to be found essentially in domestic service. It is stated that child servants are mostly brought from the rural areas to the urban households by agents. In many situations, the parents lose contact with the children who virtually become abandoned and have no alternative but to remain with their masters. It is recorded that the Women and Children's Bureau of the Police Department has received over 1,000 complaints over the last few years of children being subjected to inhuman treatment such as being beaten or burnt by their masters, but the actual statistics would undoubtedly be higher. Such domestic servants are stated to be harassed, physically tortured and sexually abused by their masters; some are badly maimed and mentally scarred for life. Many end up in prostitution where they continue to be exploited. Although some employers are arrested and tried, they constitute a microscopic minority and the majority of employers get away as the children are either frightened or have no means of alerting the authorities. The Committee notes that the report on child labour in Sri Lanka, published by the ILO in 1993, refers to newspaper reports and cuttings which indicate that some children have been starved, some battered, burnt or tortured to death. The Committee also notes that in its comments the Jathika Sevaka Sangamaya points to the employment of children in domestic service and states that the Convention is not applied satisfactorily due mainly to the shortage of labour inspectors.

The documents also refer to bonded child labour in fishing camps (wadiyas) situated in small islands off the north western and eastern coasts. These children are removed from their parents, in payment of a small sum of money, under the false promise of a brighter prospect. They are not allowed to leave the islands and become virtual slaves. The unrest prevailing in these regions seems however to have made it difficult for such camps to operate in these areas and the Government indicates in its report that child labour in fishing camps is not a frequent occurrence.

The Committee notes the above comments and documents. The Committee hopes that the Government will supply information on the application of the Convention in law and in practice with regard to the situation referred to in these comments and documents, including full particulars on the following: measures taken or envisaged as concerns adoption and enforcement of penal sanctions against exploiters of forced child labour, in particular in domestic service; inspections carried out and prosecutions engaged and any measures adopted to establish an adequate and efficient law enforcement machinery; rehabilitation measures for rescued children; any other measures for the protection of children against forced labour.

Referring also to the above-mentioned Programme of Action against Child Bondage adopted by the participants in the Islamabad Seminar, the Committee hopes that the Government will provide information on any national action programme adopted or envisaged to combat child servitude.

2. Referring to its previous comments the Committee notes that the state of emergency proclaimed on 20 June 1989 under Part II of the Public Security Ordinance (Chapter 40), 1947, has been renewed monthly since that date and remains in force. The Committee notes that under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, also still in force, the President may order to require any person to do any work or render any service in aid, or in connection with, the national security or the maintenance of essential services. Contravention or failure to comply with the requisition order is an offence and punishable, in addition to any other penalty imposed by the court, by forfeiture of all property. The list of essential services contained in the schedule to Regulations No. 1 of 1989, such as modified subsequently, comprises inter alia services, work or labour necessary or to be done in connection with the export of commodities, garments and other export products. The Committee recalls that the Ceylon Workers' Congress in comments made on the application of the Convention has previously indicated that the President has published a series of regulations empowering officials to require any person to do any work or render any personal service under the menace of penalties.

Referring to the provisions of Article 2, paragraph 2(d), of the Convention and to the explanations provided in paragraphs 63 to 66 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, the Committee recalls that recourse to compulsory labour under emergency powers is to be limited to circumstances which endanger the existence or well-being of the whole or part of the population. It should be clear from the legislation itself that the power to exact labour is limited to what is strictly required to cope with such circumstances. The Committee requests the Government to provide information on measures taken or envisaged to this effect.

3. The Committee has noted that under the provisions of section 41 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989, relating to the maintenance of and obstruction to essential services, a person who fails or refuses to attend his workplace, or to perform work to which he is directed (section 41, paragraph 1(a) to (c)) is deemed to have forthwith terminated or vacated his employment, notwithstanding anything to the contrary in any other law or terms or conditions of a contract governing his employment. The Committee requests the Government to indicate whether the provisions of the Essential Public Services Act No. 61 of 1979 remain applicable.

4. In previous comments the Committee referred to the Compulsory Public Service Act No. 70 of 1961 imposing on graduates an obligation to perform compulsory public service for up to five years under penalty of a fine for every day's failure to discharge this duty (sections 3(1), 4(1)(c) and 4(5)). The Government indicated that the Act was not implemented in respect of medical officers and that no enforcement of the provisions of the Act had come to the Government's notice. The Committee notes the Government's information in its latest report that there are no reported instances of prosecutions against any graduates under this law. The Committee again expresses the hope that the Government will indicate measures contemplated or adopted to amend or repeal the Compulsory Public Service Act.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its previous comments the Committee noted the information supplied by the Government regarding the possibility of career members of the armed forces to leave the service on their own initiative and it requested the Government to provide further details on the length of service for persons who are bonded to a stipulated period, the amount of payment required from persons serving for a bonded period who apply for resignation and on the criteria used by the President to allow officers to resign, including the number of cases where applications for resignation by officers had been rejected. The Committee again expresses the hope that the Government will be in a position to provide the information with its next report as well as copies of any rules or regulations governing these matters.

2. The Committee again requests the Government to provide a copy of any recent reports and surveys on child labour made by the Department of Probation and Child Care and by the Women and Children's Affairs Division of the Department of Labour.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the observations by the Ceylon Workers' Congress on the application of the Convention. The Committee notes that no report has been received from the Government.

1. In its previous comments the Committee referred to the provisions of the Essential Public Services Act, No. 61 of 1979, and noted that under section 2 of the Act the President may declare services provided by certain government departments, public corporations, local authorities or co-operative societies to be essential public services. During the continuance in force of an order made under the Act, any person employed in such a service who fails or refuses to attend his place of work or any other place to which he may be directed, or fails or refuses to perform work, or fails to perform it within the specified time-limits, or in any manner impedes, obstructs, delays or restricts the carrying on of that service, or impedes, obstructs, prevents, incites or encourages any other person employed in such work from attending or leaving his place of work, prevents any other person from accepting employment in or in connection with the carrying on of that service, is guilty of an offence.

The Committee noted the Government's indication in its report for the period ending June 1989 that the Essential Public Services Act seeks to ensure the maintenance of essential services such as water supply, electricity, health services, in emergency situations and does not prevent workers coming under the Act from leaving their employment.

The Committee referred to the explanations provided in paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e. any circumstance that would endanger the existence or the well-being of the whole or part of the population. The Committee pointed out however that even regarding employment in essential services there is no basis in the Convention for depriving workers of the right to terminate their employment by giving notice of reasonable length. The Committee notes the comments made by the Ceylon Workers' Congress according to which once a service has been declared an essential service the failure to turn up for work when requested to do so would amount to a punishable offence. The Committee requests once more the Government to indicate the measures taken or contemplated to ensure that persons governed by the Act can resign their service by giving notice of reasonable length.

2. In previous comments, the Committee noted that under the Compulsory Public Service Act, No. 70 of 1961, any graduate to whom the Act applies shall be under an obligation to perform compulsory public service (section 3(1)) for a period of normally up to five years (section 4(1)(c)), subject to a penalty of a fine payable every day during which he fails to discharge that obligation (section 4(5)). The Government indicated previously that the Ministry of Health had decided not to implement the Compulsory Public Service Act in respect of medical officers and that in regard to other services the provisions of the Act were not being implemented either. The Committee had noted that according to comments by the Ceylon Workers' Congress on the application of the Convention, the implementation of the Act, which was still in operation, had generally been confined to medical graduates, engineers, and science graduates, and that any graduate who failed to comply with the discharge of his obligation under the Act was liable to a fine of Rs.150 for each day he continued to commit the offence.

In its report for the period ending June 1989 the Government indicated that the decision of the Ministry of Health not to apply the Act had not been modified and that although the Act was still in the Statute Book, no enforcement of the provisions of the Act had come to the Government's notice. The Committee notes that the Ceylon Workers' Congress states that the Act has not been amended.

Referring to the explanations provided in paragraphs 55 to 62 of its above-mentioned General Survey, the Committee hopes that the law will soon be brought into conformity with the Convention, and that the Government will supply information on measures taken or contemplated to amend or repeal the Compulsory Public Service Act accordingly. Pending the required legislative action, the Committee requests the Government to continue to provide information on the application of the Act.

3. The Committee notes the renewed comments made by the Ceylon Workers' Congress that Part II of the Public Security Ordinance No. 25 of 1947 is still in force and that under section 5(1) of the Ordinance the President has published a series of regulations empowering officials to require any person to do any work or render any personal service under the menace of penalties. The Committee again requests the Government to provide a copy of the emergency regulations and requisition orders governing these matters.

4. Article 25 of the Convention. The Committee has previously taken note of the discussion in the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fourteenth session, 1989. The Committee noted that the report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) referred to information provided by Anti-Slavery International, set out in the report on the South Asian Seminar on Child Servitude held in June-July 1989 which was attended by representatives of non-governmental organisations from five countries. In relation to Sri Lanka the report refers to child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps; it is alleged, inter alia, that small boys were kidnapped to be used as labour in "Waaduyas" fishing camps where they were forced to work up to 17 hours a day.

The Committee noted that under article 27 paragraph 13 of the Constitution of Sri Lanka the State shall promote with special care the interests of the children and youth so as to ensure their full development - physical, mental, moral, religious and social - and to protect them from exploitation and discrimination and that a number of laws had been enacted to protect children and restrict their employment such as the Employment of Women, Young Persons and Children Act No. 47 of 1956 and the Children and Young Persons Ordinance (1959). The Committee noted however that it was alleged in the above-mentioned report that protective laws were not adequately respected and enforced and that the main reason for the abuse of child labour was the lack of deterrent punishments.

The Committee had also noted observations made by the Ceylon Workers' Congress that slavery had been abolished by the Abolition of Slavery Ordinance No. 20 of 1844, that sections 361 and 362 of the Penal Code prohibit buying or disposing of any person as a slave, and that there existed no other provisions providing for penal sanctions for the exaction of forced labour.

The Committee notes the indication by the Ceylon Workers' Congress in its latest observations that child labour is a matter of concern, that enforcement of laws prohibiting employment of children gives rise to problems and is characterised by inadequacy of enforcement staff and non-availability of evidence. Many children are employed in domestic service where proof of violation is difficult.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the Government must ensure that penalties imposed by law are really adequate and strictly enforced. The Committee again expresses the hope that the Government will provide full information on the allegations referred to above including information on labour inspections carried out, complaints on child abuse received, on prosecutions undertaken, penalties imposed and copies of court decisions, as well as on any measures adopted or contemplated to eradicate forced labour of children.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report as well as the comments by the Ceylon Workers' Congress on the application of the Convention.

1. In its previous comments the Committee referred to the provisions of the Essential Public Services Act, No. 61 of 1979, and noted that under section 2 of the Act the President may declare services provided by certain government departments, public corporations, local authorities or co-operative societies to be essential public services. During the continuance in force of an order made under the Act, any person employed in such a service who fails or refuses to attend his place of work or any other place to which he may be directed, or fails or refuses to perform work, or fails to perform it within the specified time-limits, or in any manner impedes, obstructs, delays or restricts the carrying on of that service, or impedes, obstructs, prevents, incites or encourages any other person employed in such work from attending or leaving his place of work, prevents any other person from accepting employment in or in connection with the carrying on of that service, is guilty of an offence.

The Committee notes the Government's information in its latest report that the Essential Public Services Act seeks to ensure the maintenance of essential services such as water supply, electricity, health services, in emergency situations and does not prevent workers coming under the Act from leaving their employment.

The Committee refers again to the explanations provided in paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e. any circumstance that would endanger the existence or the well-being of the whole or part of the population. The Committee pointed out however that even regarding employment in essential services there is no basis in the Convention for depriving workers of the right to terminate their employment by giving notice of reasonable length. The Committee requests once more the Government to indicate the measures taken or contemplated to ensure that persons governed by the Act can resign their service by giving notice of reasonable length.

2. In previous comments, the Committee noted that under the Compulsory Public Service Act, No. 70 of 1961, any graduate to whom the Act applies shall be under an obligation to perform compulsory public service (section 3(1)) for a period of normally up to five years (section 4(1)(c)), subject to a penalty of a fine payable every day during which he fails to discharge that obligation (section 4(5)). The Government indicated previously that the Ministry of Health had decided not to implement the Compulsory Public Service Act in respect of medical officers and that in regard to other services the provisions of the Act were not being implemented. The Committee had noted that according to comments by the Ceylon Workers' Congress on the application of the Convention, the implementation of the Act, which is still in operation, had generally been confined to medical graduates, engineers, and science graduates, and that any graduate who fails to comply with the discharge of his obligation under the Act is liable to a fine of Rs.150 for each day he continues to commit the offence.

The Committee notes the Government's statement in its latest report that the decision of the Ministry of Health not to apply the Act has not been modified and that although the Act is still in the Statute Book, no enforcement of the provisions of the Act has come to the Government's notice. Referring to the explanations provided in paragraphs 55 to 62 of its above-mentioned General Survey, the Committee requests the Government to continue to provide information on the application of the Act and on any measures taken or contemplated to ensure the observance of the Convention.

3. The Committee notes the comments by the Ceylon Workers' Congress that Part II of the Public Security Ordinance No. 25 of 1947 is still in force and that under section 5(1) of the Ordinance the President has published a series of regulations empowering officials to require any person to do any work or render any personal service under menace of penalties. The Committee requests the Government to provide information on any state of emergency still in force, and to furnish a copy of the emergency regulations and requisition orders governing these matters.

4. In its previous comments the Committee noted the information supplied by the Government regarding the possibility of career members of the armed forces to leave the service on their own initiative and it requested the Government to provide further details on the length of service for persons who are bonded to a stipulated period, the amount of payment required from persons serving for a bonded period who apply for resignation and on the criteria used by the President to allow officers to resign, including the number of cases where applications for resignation by officers had been rejected. The Committee notes the Government's information in its report that the comments by the competent authorities are still awaited. The Committee hopes that the Government will be in a position to provide the information with its next report as well as copies of any rules or regulations governing these matters.

5. Article 25 of the Convention. The Committee has taken note of the discussion in the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fourteenth session, 1989. The Committee notes that the report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) refers to information provided by Anti-Slavery International, set out in the report on the South Asian Seminar on Child Servitude held in June-July 1989 which was attended by representatives of non-governmental organisations from five countries. In relation to Sri Lanka the report refers to child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps; it is alleged, inter alia, that small boys were kidnapped to be used as labour in "Waaduyas" fishing camps where they were forced to work up to 17 hours a day.

The Committee notes that under article 27 paragraph 13 of the Constitution of Sri Lanka the State shall promote with special care the interests of the children and youth so as to ensure their full development - physical, mental, moral, religious and social - and to protect them from exploitation and discrimination and that a number of laws have been enacted to protect children and restrict their employment such as the Employment of Women, Young Persons and Children Act No. 47 of 1956, the Children and Young Persons Ordinance (1959). It is however alleged in the above-mentioned report that protective laws are not adequately respected and enforced and that the main reason for the abuse of child labour is the lack of deterrent punishments.

The Committee also notes that in its comments the Ceylon Workers' Congress states that slavery was abolished by the Abolition of Slavery Ordinance No. 20 of 1844, that sections 361 and 362 of the Penal Code prohibit buying or disposing of any person as a slave, and that there exists no other provision providing for penal sanctions for the exaction of forced labour.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the Government must ensure that penalties imposed by law are really adequate and strictly enforced. The Committee hopes that the Government will provide full information on the allegations referred to above including information on labour inspections carried out, complaints on child abuse received, on prosecutions undertaken, penalties imposed and copies of court decisions, as well as on any measures adopted or contemplated to eradicate forced child labour in law as well as in practice.

6. The Committee requests the Government to provide a copy of any recent reports and surveys on child labour made by the Department of Probation and Child Care and by the Women and Children's Affairs Division of the Department of Labour.