Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Sri Lanka (Ratification: 1994)

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The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), received on 27 September 2023. The Committee also notes the Government’s reply received on 7 November 2023.

The Committee further notes that a representation under article 24 of the ILO Constitution was presented to the Governing Body by the Free Trade Zones and General Services Employees’ Union (FTZ and GSEU), the Ceylon Estates Staffs’ Union (CESU), the United Federation of Labour, the Sri Lanka National Union of Seafarers, the Lanka Jathika Estate Workers’ Union, the Ceylon Bank Employees’ Union (CBEU), the Ceylon Federation of Trade Unions, the Sri Lanka Nidahas Sewaka Sangamaya, the Inter-Company Employees Union (ICEU), and the Ceylon Mercantile Industrial and General Workers Union (CMU), alleging non-observance by Sri Lanka of this Convention. The ILO Governing Body declared the representation receivable at its 348th Session in June 2023 (GB.348/INS/6/4, paragraph 6).

Article 2of the Convention.Operation of the consultative procedures. The Committee notes that, in its observations, the ITUC and ITF express their concern that, in June 2023, four unions were arbitrarily removed from the National Labour Advisory Council (NLAC) prior to the circulation of the Single Employment Bill, in an attempt to muzzle dissenting voices. The ITUC and ITF also denounce the failure to consult the NLAC on the Bill and that it was rushed through a falsely consultative process by the Ministry of Labour and Foreign Employment (MLFE). In this context, the ITUC and ITF urge the Government to reinstate the four trade unions that were unlawfully removed from the NLAC in June 2023, to engage in meaningful social dialogue with representative trade unions and to immediately halt the current labour law reform process. Moreover, the Committee notes that, in its response, the Government indicates that, in July 2023, the MLFE shared the first draft of the Bill and invited all stakeholders to formulate their proposals. The Government adds that, while it received numerous proposals from stakeholders, the trade unions did not submit any written proposal despite their active participation in the stakeholder consultation. The Government expresses its regret that the trade unions did not utilize this opportunity to engage constructively in the process. It adds that the Bill is still under discussion and trade unions can therefore still submit their proposals to be taken into consideration. In light of the lack of information from the Government as regards the removal of representatives of trade unions from the NLAC in July 2023, and the fact that effective consultations on the implementation of the commitments made under the Convention cannot be expected to take place within the dedicated tripartite bodies without one of the three stakeholders being duly represented, the Committee requests the Government to provide information on whether representatives of trade unions were removed from the NLAC and on actions taken or envisaged with a view to resolving the current problems with respect to the application of the Convention. It requests the Government to report on any progress made in this regard.

Article 5(1). Effective tripartite consultations. The Committee notes the information provided by the Government regarding the tripartite consultations held within the NLAC between 2017 and 2022 on a broad range of labour-related matters, such as proposals on labour law reforms, the establishment of a retirement age for workers in the private sector, amendments to the Workmen’s Compensation Ordinance and proposals to revise the national minimum wage. The Committee notes with interest the ratification on 10 April 2019 of the Protocol of 2014 to the Forced Labour Convention, 1930, following a tripartite workshop in 2018 on the content of the Protocol and the findings of a gap analysis between the national legislation and the Protocol (Article 5(1)(c) of the Convention). The Government provides a copy of the agenda of the 2020 meetings of the Tripartite Task Force created to examine issues related to the impact of the COVID-19 pandemic on employment and the measures taken to address it. The Government also reports on tripartite consultation held on issues concerning the plantation sector in 2022. The Committee observes, however, that the Government does not provide information on each of the matters listed in Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed information on the content and outcome of the tripartite consultation held, including within the NLAC, on each of the matters related to international labour standards covered by Article 5(1) of the Convention, particularly with regard to Conference agenda items (Article 5(1)(a)); proposals to be made in connection with the submission of the instruments adopted by the Conference to the Parliament (Article 5(1)(b)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d));and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).