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

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Sri Lanka (Ratificación : 1950)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Sri Lanka (Ratificación : 2019)

The Committee welcomes the ratification by Sri Lanka of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report as well as the information provided in reply to its previous comments under the Convention.

Articles 1(1), and 2(1) of the Convention and Article 1(2) of the Protocol.National policy and systematic and coordinated action. Trafficking in persons. Referring to its previous comments on action taken to combat trafficking in persons, the Committee notes the Government’s information that it is implementing the four pillars of the new National Strategic Action Plan to Monitor and Combat Human trafficking (NSAP 2021–2025) which covers prevention, protection, prosecution and partnership. It notes that the National Anti-Human Trafficking Task Force (NAHTTF) which coordinates the overall efforts in this regard works closely with the 19 stakeholder institutions who are actively participating in activities related to trafficking in persons. The Ministry of Defence as the chair of the NAHTTF directly coordinates with the investigation authorities and intelligence services and monitors the implementation of the NSAP. The Government also indicates that, in 2022, the Ministry of Labour and Foreign Employment established a Task Force on the Elimination of Forced Labour, comprised of representatives from the various ministries, which aims to raise awareness among stakeholders and coordinate government efforts on forced labour. The Committee welcomes the consolidation of the institutional framework to combat all forms of forced labour and requests the Government to provide information on any assessment conducted concerning the implementation of the different components of theNSAP 2021–2025, indicating the results achieved, the challenges identified and the measures envisaged to address them. It also requests the Government to provide information on the activities undertaken by NAHTTF and the Task Force on the Elimination of Forced Labour and to indicate how coordination is ensured among these entities.

Article 1(3) of the Protocol and Article 25 of the Convention. Law enforcement and effective sanctions. Following its previous comments, the Committee notes the Government’s information on the establishment of the Human Trafficking, Human Smuggling and Maritime Crimes Division (HTHSMC Division) of the Criminal Investigation Department, in 2021, which is responsible for investigations and the institution of court proceedings in relation to trafficking and forced labour cases. Furthermore, the Department of Labour can enforce minimum standards against the employer for complaints that are construed as forced labour such as the underpayment or non-payment of wages or inhumane working conditions, while cases involving offences related to forced labour are referred to the specialized unit of the police that deals with trafficking and forced labour for further investigation. According to the Government’s report there are 40 District Labour Offices, 17 Sub Labour Offices and 14 District Factory Inspecting Engineer’s Offices island-wide. In 2022, the Department of Labour carried out 79,076 labour inspections island-wide including in rural areas. The Government indicates that with increased awareness among labour officers, the Department of Labour will be better equipped to effectively monitor and address forced labour, and that technical assistance has been sought from the ILO for building the capacities of the officials of the Department of Labour and the police in this regard. The Government also indicates that in 2023, the HTHSMC Division launched 34 investigations involving 60 suspected traffickers (33 for sex trafficking and 27 for forced labour). Prosecutions were initiated against 23 suspects, comprising 15 for sex trafficking and 8 for labour trafficking.

The Committee notes that in his 2022 report upon his visit to Sri Lanka, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, while acknowledging the progress made, highlights that contemporary forms of slavery still exist in the country and they particularly affect those in vulnerable situations, including children, women, ethnic, linguistic and religious minorities as well as older persons. The report refers, inter alia, to instances of exploitation of Sri Lankan migrant workers, indicators of forced labour and domestic servitude in the domestic sector, as well as in tea plantations, and debt bondage resulting from abusive practices of microfinancing companies (A/HRC/51/26/Add.1).

The Committee requests the Government to take the necessary measures to strengthen the capacities of the labour inspection and law enforcement bodies with a view to ensuring that cases of forced labour and trafficking in persons for both sexual and labour exploitation, are proactively identified and investigated. It requests the Government to indicate the measures taken in this regard and to provide information on the investigations carried out, especially in the sectors at risk, the prosecutions, and the convictions and specific penalties imposed on perpetrators, under sections 358A (debt bondage, forced labour) and 360C (trafficking) of the Penal Code.

Article 2 of the Protocol. Preventive measures. Clauses (b) and (e). Educating and informing employers; supporting due diligence. Inthe absence of information in this regard, the Committeerequests the Government to provide specific information on education and awareness-raising activities aimed at strengthening employers’ knowledge about the relevant labour legislation and at preventing their becoming involved in forced labour practices as well as on the measures taken to support due diligence by both the public and private sectors to prevent and respond to risks of forced labour in their operations.

Clause (d). Protecting migrant workers from possible abusive and fraudulent practices. The Committee previously noted the various measures taken by the Government to protect the rights of Sri Lankan migrant workers, including through awareness raising activities, pre-departure trainings, complaint handling mechanisms and consular assistance, and requested the Committee to pursue its efforts to prevent migrant workers from being trapped in forced labour. The Committee notes the Government’s information that a new National Policy and Action Plan on Migration for Employment 2023–2027 was approved by the Cabinet of Ministers on 4 September 2023. The Government states that this comprehensive plan has sought inputs and perspectives from various stakeholders including migrant workers and their families, foreign employment agencies, the private sector, civil society organizations, or trade unions. The Government indicates that the issuance of licences to carry on the business of a foreign employment agency is carefully regulated and exclusively granted to individuals with a strong ethical background. Since 2023, licensed institutions are required to provide a bank guarantee of 3 million Sri Lanka rupees, further safeguarding the welfare of migrant workers. In 2022 and 2023, initiatives such as the GLOCAL Fair and consolidated programmes have been organized in various regions of the country with the aim of facilitating access to foreign employment opportunities directly, without the involvement of middlemen, and offer effective solutions to potential challenges.

The Committee also notes that the Counter Human Trafficking Unit (CHTU) actively engages in raising awareness and implementing initiatives to prevent human trafficking in the context of foreign employment. Information is disseminated through various media channels, targeting not only migrant workers but also government officials, embassy personnel and the general public. The Government further indicates that the Sri Lanka Bureau of Foreign Employment (SLBFE) maintains an online system for registering persons who wish to migrate for employment as well as for responding to migrant workers’ complaints. In cases where the recruitment of a Sri Lankan national is necessary, approval from the SLBFE is mandatory, after validation of the job order with the relevant embassy or Chamber of Commerce of the respective country. Additionally, the SLBFE establishes the fee structure for such approvals, ensuring transparency and fairness. Prospective migrants are provided with mandatory pre-departure training programmes on safe migration and on ways of protecting their rights, through 17 training centres across the country. Furthermore, if issues such as unpaid salaries or inadequate medical care arise while working abroad, the SLBFE’s conciliation section intervenes to investigate and issue orders to address the related problems. Officers have been stationed in 15 embassies across 13 countries with a significant Sri Lankan workforce to ensure the welfare of nationals working abroad. The Committee takes due note of the measures taken and requests the Government to pursue its efforts to prevent the risks of trafficking in persons and forced labour of national migrant workers in the destination countries, including through: (i) the effective monitoring of the foreign employment agencies; (ii) ensuring that recruitment fees are not borne by the workers; (iii) strengthening the capacity of the3 SLBFE conciliation section and access to consular services in the destination country; and (iv) strengthening cooperation with destination countries.

Article 3 of the Protocol. 1. Identification of victims. The Committee notes the Government’s information that based on the Standard Operating Procedures for the identification, protection and referral of victims of trafficking, the SLBFE and the Department of Immigration and Emigration (DoIE) issued a circular/procedure providing guidelines for victim identification and referral to competent authorities. The Government also indicates that the Investigation Division of the DoIE maintains a list of passengers identified as potential victims of trafficking and issues instructions to the visa section to schedule interviews when these persons request a visa extension. If, following the interview, there are reasonable grounds to believe that they are vulnerable to trafficking, the visa extension is denied, and the DoIE ensures their safe return. The DoIE has also established the Border Surveillance Unit (BSU), which consists of 12 surveillance officers, stationed at international airports, to conduct random and spontaneous checks aimed at identifying potential victims.

The Government further states that several institutions operate 24-hour hotlines to receive complaints in relation to trafficking in persons that may be referred to the NAHTTF, for necessary action and thereafter to the police for investigation. The Committee finally notes the Government’s information that in 2023, 59 victims of trafficking were identified, all of whom were female. Among these victims, 43 were victims of trafficking for labour exploitation, 13 were victims of trafficking for sexual exploitation, and 3 were victims of both. Out of the 59 victims, 12 were identified within Sri Lanka, while 47 were identified abroad. The Committee requests the Government to continue taking measures to ensure that victims of trafficking are properly identified and to provide information in this regard. It also requests the Government to provide more specific information on the measures taken to better identify cases of forced labour that are not linked to migration, including in the plantation sector or in domestic work.

2. Protection, assistance and rehabilitation. The Committee notes the Government’s information on the protection and assistance that can be provided to all victims of forced labour under the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015, such as the right to be treated with equality, fairness, dignity and privacy. The Government indicates that in 2023, it has referred at least 54 victims of forced labour and trafficking to various government agencies and international organizations for the provision of services, including shelters, psycho-social care, educational services as well as legal services through the Legal Aid Commission of Sri Lanka.

The Government also provides information on cases where steps were taken to assist and repatriate potential victims of trafficking or domestic servitude. Shelters and safe houses are being operated within Sri Lankan diplomatic missions in selected countries and access to legal assistance, food, accommodation and medical care is provided to all migrant workers through the SLBFE worker’s welfare fund. During the period from July 2019 to September 2023, 134 migrant workers received assistance from Sri Lankan missions abroad. However, the Government indicates that these shelters were equipped only for female victims and there were complaints that there were inadequate resources to meet the needs of victims. The SLBFE also provides financial assistance to returning workers, helps them find new employment opportunities and has introduced a pension scheme for migrant workers and an employer-paid insurance scheme for female domestic migrant workers in the Middle East.

The Committee takes due note of these measures and encourages the Government to intensify its efforts to ensure adequate protection and assistance to all victims of trafficking, including male victims. It requests the Government to provide information on the nature of the protection and assistance provided to victims of forced labour in the national territory.

Article 4 of the Protocol. 1. Compensation. The Committee notes that the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015 enables victims of crime to obtain compensation from the persons convicted of committing offences against them (section 2(c)). Section 13(1)(f) of the Act, provides that the National Authority for the Protection of Victims of Crime and Witnesses shall make an award for payment of compensation to a victim of a crime and for that purpose implement a scheme for the grant of the compensation from the Victims of Crime and Witnesses Assistance and Protection Fund. The Committee requests the Government to provide information on the measures taken to ensure that all victims of trafficking and forced labour receive compensation, whether awarded by the National Authority or by the courts, and to indicate the number of victims compensated.

2. Non-punishment of victims for acts committed under constraint. The Committee requests the Government to indicate how it is ensured that both in law and practice the competent authorities do not prosecute or impose penalties on victims of forced labour, including trafficking in persons, who have participated in unlawful activities under constraint.

Article 6 of the Protocol. Consultation of employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures taken to ensure that national policies and action plans on forced labour are formulated in consultation with employers‘ and workers’ organizations, in accordance with Articles 1(2) and 6 of the Protocol.

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