Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Sri Lanka (Ratification: 1995)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), received on 27 September 2023. The allegations contained therein together with the Government’s reply are examined below.

In its previous comment, the Committee requested the Government to reply to the observations of the ITUC according to which, several peaceful strikes were violently suppressed by the police and the army in 2016 and 2017, leaving many workers injured, and alleging incidents of intimidation and threats of physical attacks, in particular against workers in Free Trade Zones (FTZs). It further requested the Government to take measures to ensure that the use of excessive violence in trying to control demonstrations was prohibited, that arrests were made only where serious violence or other criminal acts had been committed, and that the police were called in a strike situation only where there was a genuine and imminent threat to public order. The Committee notes with interest the Government’s indication that within the police, a Public Order Management Division (POMD), which consists of officers specifically trained to handle situations involving strikes, demonstrations and public processions, with a strict emphasis on non-violence and respect for fundamental rights, was established. The Government further indicates that a police Order on Handling Strikes, Demonstrations and Public Processions containing instructions to guide police officers on handling strike situations and prohibiting excessive use of force was issued. The Committee requests the Government to provide all relevant information on the work of the POMD. The Committee notes with regret, however, the Government’s indications that it does not yet have information with regard to the allegations of violence that occurred during the protests in December 2016 and February 2017, and that there was no record of violence occurring in January 2017. The Government adds that there were no complaints of intimidation and threats of physical attacks against workers in FTZs, and therefore no action could be taken. The Committee recalls that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of workers’ organizations and that the allegation of intimidation should be immediately investigated. The Committee requests the Government to engage without further delay with the social partners concerned to fully investigate the above-mentioned allegations and to provide information on the developments in this regard.

Legislative developments. The Committee notes the observations of the ITUC and ITF regarding the introduction of the Single Employment Bill, which seeks to repeal 13 existing labour laws. According to the ITUC and ITF, certain provisions of the Bill violate Article 3 of the Convention. The Committee notes that, according to the Government’s reply received in November 2023, the Bill was still in the drafting stage, subject to amendments following stakeholder consultations. While taking due note of this information, the Committee observes that no subsequent update has been provided since 2023. The Committee expects that the Bill will soon be finalized in consultation with the social partners and with the technical assistance of the Office, and that the adopted legislation is in full conformity with the Convention.It requests the Government to provide information on all progress regarding the adoption of the law, and to provide a copy of the legislation once it is adopted.

The Committee had previously requested the Government to provide information on measures taken to extend the protection of the Convention to workers in FTZs. The Committee notes the Government’s indications that five trade union representatives have been included in the National Labour Advisory Council (NLAC), where they present workers’ concerns that are then addressed by the forum or, if necessary, referred to the tripartite subcommittee for further consideration. The Committee further notes the Government’s indications that FTZ workers enjoy the same protection as other sectors, with no differences in labour enforcement. The Government adds that an action plan has been developed to strengthen protection for manpower workers in FTZs and that there are proposals to extend legal safeguards in the Employment Act, currently under review, which will be referred to the NLAC for consultations. The Committeeonce again urges the Government to take necessary measures to extend the protection of the Convention to workers in FTZs and requests the Government to provide information on all steps taken in this regard, including information on the outcome of consultations under the auspices of the NLAC.

Articles 2 and 5 of the Convention. Right of public servants’ organizations to establish and join federations and confederations. The Committee previously urged the Government to amend section 21 of the Trade Unions Ordinance to ensure that trade unions in the public sector may join federations of their own choosing, and that first-level organizations of public employees may cover more than one ministry or department in the public service. While taking note of the Government’s indication that social dialogue structures are being strengthened, and that the amendment of the provision will be discussed at the appropriate tripartite forums, the Committee notes the Government’s indication that no consensus has been reached in this regard. The Committee is therefore bound to once again emphasize the need to ensure that organizations of government staff officers may join federations and confederations of their own choosing, including those which also group together organizations of workers from the private sector, and that first-level organizations of public employees may cover more than one ministry or department in the public service. Furthermore, while highlighting that legislative reforms on labour issues should be done in consultation with the social partners and, as far as possible, be based on a tripartite consensus, the Committee underlines that it is ultimately the Government’s responsibility to take the decisions necessary for the fulfilment of the State’s international commitments undertaken through the ratification of international labour Conventions. Considering the long-standing nature of the request, the Committee once again urges the Government to take the necessary measures to amend section 21 of the Trade Unions Ordinance without further delay and to inform of all developments in this regard.

Article 3. Right of organizations to elect their representatives in full freedom. Conditions of eligibility of representatives. The Committee notes that section 31 of the Trade Unions Ordinance restricts persons under the age of 21 from holding office in the executive of a trade union. The Committee notes the Government’s indication that amendments are being considered under the proposed Employment Act to remove the restriction of 21 years or to lower the threshold to 16 years, which is the minimum age of employment and trade union membership. Recalling that the determination of conditions of eligibility for office is a matter that should be left to the organizations’ bylaws, the Committee requests the Government to amend the legislation in order to ensure full conformity with Article 3 of the Convention.

Dispute settlement machinery in the public sector. The Committee previously noted that the Industrial Disputes Act – which provides for conciliation, arbitration, industrial court and labour tribunal procedures – did not apply to the public service (section 49) and requested information on the mechanism for dispute prevention and settlement in the public sector which was being developed with technical assistance from the ILO. The Government indicates that Public Administration Circular No.5/24 establishes new structural frameworks at three levels for social dialogue which will involve the participation of the employers, workers and trade union representatives – namely Workplace Forums (WPFs), Sectoral Forums and a National Public Service Dialogue Forum (NPSDF). Currently WPFs are implemented in six priority sectors, including the public service, with the technical assistance of the ILO “Social Dialogue for Peace and Crises Prevention in Sri Lanka Project” and two operational Sectoral Forums with trained members, one of them being in the public sector. In addition, nine Provincial Mediation Boards and a National Public Service Arbitration pool are to be established at the provincial and national levels respectively, along with a dedicated database on labour disputes in the public sector, which would aid policymakers in making evidence-based decisions to reduce disputes in the public sector. The Government adds that the initiatives would be implemented once changes are made to the Establishments Code, and that a committee has been appointed for making recommendations on the legal provisions required for the mechanism. The Committee welcomes the comprehensive information provided by the Government. Taking due note of this information, the Committee hopes that the mechanisms mentioned above will soon be fully operationalized and requests the Government to provide information on all progress made in this regard.

Compulsory arbitration. The Committee previously requested the Government to take measures to amend section 4(1) and (2) of the Industrial Disputes Act to ensure that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike was admissible only when the strike in question may be restricted or even prohibited. The Committee notes the Government’s indications that certain trade union representatives of the NLAC consider the provisions beneficial and the amendment to the Industrial Disputes Act requested by the Committee unnecessary, and that compulsory arbitration, according to certain trade union and employer representatives, is necessary as a last resort to protect both the employment of workers and the industry. The Committee welcomes the Government’s request for technical assistance from the Office in this respect, and reiterates that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is admissible only when the strike in question may be restricted, or even prohibited, that is: (i) in the case of disputes concerning public servants exercising authority in the name of the State; (ii) in the case of conflicts in essential services in the strict sense of the term; or (iii) in situations of acute national or local crisis. The Committee expresses its firm hope that the technical assistance of the Office will contribute to progress in the amendment of section 4(1) and (2) of the Industrial Disputes Act to guarantee respect for the above-mentioned principle. It requests the Government to provide information on any progress made in this regard.

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