Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Sri Lanka (Ratification: 1950)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Sri Lanka (Ratification: 2019)

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.