Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Sri Lanka (Ratificación : 2003)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Prevention of terrorism regulations. In its previous comments, the Committee noted that sanctions of imprisonment involved compulsory labour by virtue of section 65 of the Prison Ordinance. It noted that, pursuant to the Prevention of Terrorism (Proscription of the Liberation Tigers of Tamil Eelam (LTTE)) Regulations No. 1 of 2011 (sections 3, 4 and 5) under the Prevention of Terrorism Act of 1979, penalties of imprisonment might be imposed for offences defined broadly, such as taking part in meetings, promoting, encouraging, supporting, advising, assisting and causing the dissemination of information linked to the LTTE or any other organization representing or acting on behalf of the said organization, or be connected with or concerned in or be reasonably suspected of being connected with or concerned in, any such activities. The Prevention of Terrorism (Proscription of the Tamil Rehabilitation Organization) Regulations No. 2 of 2011 likewise provide for penalties of imprisonment for a range of activities linked to the Tamil Rehabilitation Organization, including attending meetings and the publication of material (sections 3, 4 and 5).

The Committee notes the Government’s information in its report that a revised Anti-Terrorism Bill, which aims to establish provisions for the protection of national security and the people of Sri Lanka from acts of terrorism and related offences, has incorporated all the relevant amendments and suggestions received from national and international interested bodies as well as the comments by the Committee, and will be soon submitted to the Cabinet of Ministers for approval. The Committee also notes the Government’s information that the application of Regulation No. 1 of 2011 led to 54 arrests and 33 indictments, as well as 8 convictions, which included rigorous as well as suspended imprisonment, were handed down. The Government states that these penal sanctions do not involve compulsory labour prohibited under this Convention.

The Committee, however, notes that according to section 96(d) of the Anti-Terrorism Bill (Part II of 15 September 2023), all regulations made under the repealed Act, including Regulations 1 and 2 of 2011, shall be deemed to have been made under the corresponding provisions of this Act and be enforced and given effect accordingly. The Committee also notes that the Anti-Terrorism Bill provides for the penalty of imprisonment (involving compulsory labour) for terrorism-related offences, including encouragement to carry out an act of terrorism (section 10) and publication and dissemination or possession of terrorist publications (section 11).

Furthermore, the Committee notes that in its 2023 concluding observations on the application of the International Covenant on Civil and Political Rights, the United Nations Human Rights Committee expressed concern that the broad definition of terrorism under the Prevention of Terrorism Act is used to legitimize the targeting of minorities, in particular Muslims and Tamils, as well as critics of the Government. It also expressed concern at the use of excessive force in dispersing peaceful assemblies; at the application of counter-terrorism legislation against protestors; and at the lack of effective investigations and prosecutions in these cases (CCPR/C/LKA/CO/6, paragraphs 16 and 42). The Committee further notes that the United Nations Office of the High Commissioner for Human Rights, in its report of 22 August 2024 on the situation of human rights in Sri Lanka, stated that the Anti-Terrorism bill, which is currently before the Parliament, contains vaguely defined terms and definitions of offences and grants broad powers to the executive with limited safeguards including the power to declare any place in the country “prohibited” and to declare curfews in the totality or parts of the country. It also criminalizes freedom of expression under section 10 (A/HRC/57/19, paragraph 14).

The Committee once again recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee has emphasized that, while counter-terrorism legislation responds to the legitimate need to protect the security of the public against the use of violence, when drafted in general and broad terms it can become a means of punishing the peaceful exercise of civil rights and liberties, such as freedom of expression and the right to assembly. The Committee therefore requests the Government to take the necessary measures to review the relevant provisions of the Anti-terrorism Bill and its related regulations to ensure that they cannot be used to impose penalties of imprisonment, which involve compulsory labour, on persons who peacefully express opposition to the established political, social or economic system. It also requests the Government to provide more detailed information on the facts underlying any charge and indictment brought by the competent authorities under the Prevention of Terrorism Act and its Regulations. It requests the Government to continue to provide information on the practical application of the above-mentioned provisions of this Act and its Regulations.

Article 1(c). Disciplinary measures applicable to seafarers. In its previous comments, the Committee referred to section 127(2) of the Merchant Shipping Act (No. 52 of 1971) according to which the regulations made under section 127(1)(ii) concerning the conditions of service of those serving on board ships, including regulations providing for disciplinary offences, discipline of officers and seafarers, may provide for the imposition of penalties of imprisonment for a term not exceeding two years (involving compulsory labour). The Committee notes the Government’s information that the amendments to the Merchant Shipping Act are still ongoing. A comprehensive review of the Act has been undertaken and specific areas that need to be modified, including sections 127(1) and (2), have been identified. The Committee recalls that the Convention prohibits the imposition of sanctions involving compulsory labour as a means of labour discipline. Therefore, the Committee expresses the firm hopes that the Government will take the necessary measures to ensure that the above-mentioned provisions of the Merchant Shipping Act will be amended without delay to ensure conformity with the Convention, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered. The Committee requests the Government to provide information on any progress made in this regard.

Article 1(d). Sanctions for participation in strikes. The Committee previously noted that the Industrial Disputes Act No. 43 of 1950 penalizes the participation in strikes in essential industries in violation of procedural requirements to be observed in declaring strikes in such industries with sanctions of imprisonment (involving compulsory prison labour) (sections 32(2) and 40(1)(n), read in conjunction with section 43(1) of the Act). It also noted that section 17(2) of the Public Security Ordinance, 1947, and sections 2(2), 4(1) and 6 of the Essential Public Services Act, 1979, provide for certain restrictions on the right to strike, and that violations of these provisions are punishable with imprisonment.

The Committee notes the Government’s statement that sections 32(2) and 40(1)(n) of the Industrial Disputes Act as well as the provisions under the Public Security Ordinance and the Essential Public Services Act are in place to safeguard the fundamental rights of civilians. It indicates that the Industrial Dispute Act outlines provisions for penal sanctions against individuals who commit offences under the Act, as detailed in section 43(1) and that engaging in a peaceful strike as a worker is not classified as an offence under this section or any other part of the Act. It also states that section 32(2) only requires the written notice of intention to commence a strike to be provided to the employer 21 days prior to the commencement of the strike which is enforced in order to ensure that the employee’s right to freedom of association does not infringe upon the other civil rights of Sri Lankan citizens, particularly the right to life. The Government further indicates that no legal actions were taken for the breaches of section 32(2) of the Industrial Disputes Act during 2022 and 2023.

In this regard, the Committee observes that according to section 40(1)(d) of the Industrial Disputes Act, a person who, being a workman, contravenes the provisions of section 32(2) shall be guilty of an offence and that under section 43(1) any person who commits an offence under the Act would be liable upon conviction, to a fine, or imprisonment, or to both. The Committee observes that these provisions do not appear to distinguish between peaceful and other strikes and hence sanctions of imprisonment may be imposed for the participation in peaceful strikes as well. The Committee once again recalls that in accordance with Article 1(d) of the Convention, no sanctions involving an obligation to perform labour (such as compulsory prison labour) should be imposed as a punishment for having peacefully participated in strikes, whether or not the strike has been carried out in contravention of legislative provisions establishing the requirements for the declaration or the conduct of the strikes. Referring also to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), theCommittee once again requests the Government to take the necessary measures to ensure that, both in legislation and practice, no sanctions involving compulsory labour can be imposed for peacefully participating in strikes. It therefore requests the Government to ensure that the above-mentioned provisions of the Industrial Disputes Act, Public Security Ordinance, and the Essential Public Services Act are revised in order to ensure compliance with the Convention.

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