Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - Sri Lanka (Ratification: 1956)

The Committee notes the Government’s detailed report containing information on the Committee’s previous comments in regard to the observations of the Government Service Labour Officers Association, as well as the attached documentation comprising legislation, inspection statistics and documents on the current situation and development prospects of the labour inspection system. It also notes the observations made by the Lanka Jathika Estate Workers’ Union in a letter dated 17 May 2001 on child labour, in particular in the rural industries sector and plantations and the recruitment of inspectors with special responsibility for checking the application of legal provisions on child labour. The Union regrets that the Government apparently did not react to its proposal to a tripartite approach to the matter but referred only to the cooperation established between the Department of Probation and Childcare and the Ministry of Labour on the implementation of the Employment of Women, Young Persons and Children Act (WYPC Act).

1. Labour inspection and child labour. The Committee notes the information supplied by the Government on action taken with a view to improving the application of legal provisions on child labour. The Government recalls in particular the establishment of the National Child Protection Authority (NCPA), the appointment of a Presidential Task Force for the elimination of child labour, the adoption of the children’s charter and the establishment of provincial monitoring committees to supervise its implementation. The Committee notes in particular with interest that certain legislation has been amended subsequent to ratification of the Minimum Age Convention, 1973 (No. 138), with a view to eliminating child labour and the abuses suffered by children, in particular by raising the minimum age for employment from 10 to 14 years; making education compulsory until the age of 14; and imposing new penal sanctions for perpetrators of various forms of child abuse such as prostitution, pornography, trafficking of children and the use of children for drug trafficking. The Government indicates in addition that the Council of Ministers has approved a proposal to increase the amount of fines applicable to violations of legislation on the employment of women, young persons and children up to 10,000 rupees in the context of amending the Employment of Women, Young Persons and Children Act (WYPC Act). The Committee notes, however, that according to the Government, complaints concerning child labour made between 1996 and 2000 which were investigated by the labour inspection service were mostly unfounded, particularly in that the children concerned were over 14 years old or because the offenders could not be traced and that fines were imposed in eight cases. Among the actions taken to delimit the problems raised by child labour, the Government indicates the organization of training programmes for governmental officers, for judges and magistrates concerned and for members of non-governmental organizations in the context of the International Programme on the Elimination of Child Labour (IPEC). Awareness programmes are being carried out, furthermore, using methods such as seminars, television broadcasts and newspaper articles.

The Committee notes that the abovementioned recommendations of specialists from the ILO multidisciplinary regional team have been examined and accepted to a large extent by the Government and that some of them have already been put into effect. It notes, furthermore, that the Government has expressed the hope of receiving ILO assistance in order to achieve the desired objectives noted as well as in establishing a procedure for collection of reliable statistics for the preparation of annual inspection reports. The Committee requests the Government to supply information on changes in the situation and operation of the labour inspection system and to communicate any views expressed by the organizations of employers and workers in that regard.

2. Action with a view to improving the organization and operation of the inspection system. The Committee notes the diagnostic study conducted by labour relations specialists of the New Delhi ILO multidisciplinary team on the labour inspection system and the recommendations they made on measures to be taken: creation of conditions favourable for improved social dialogue; a functional restructuring of the labour department with, in particular, the creation of new provincial offices; improvement in the frequency of submission of periodic reports; motivation of the inspection staff through training activities and an appropriate career development policy; review of the design of inspection forms; development of a tripartite preventive approach to labour inspection; and the strengthening of labour inspection within the export processing zones (EPZs) with a view to improving living conditions of workers and the education of employers and managers of enterprises in those zones.

On the question of recruiting 200 new field officers responsible for inspecting Employment Provident Fund Act, which elicited criticism from the Lanka Jathika estate workers’ union, the ILO specialists regretted the lack of consultations between the different functions and levels of the inspection system and noted that this recruitment had led to considerable tensions in all the stations visited.

The specialists consider that the lack of official inspection service transport, in a country where there is often no public transport, and the inadequate reimbursement of travel costs are obstacles to the operation of the labour inspection service in whole regions. The experts advocated the development of a transport management concept and policy for all field services, focusing on the programmed use and sharing of available vehicles for inspection purposes.

3. Proportion of women in the labour inspection service and specific supplementary duties. The Committee notes furthermore with interest the table showing labour inspection staff disaggregated by sex and by grade and the information that the women’s and children’s affairs division functions under the supervision of a female commissioner of labour who has two assistant commissioners, of whom one is female, and two senior female labour officers.

The Committee is addressing a request concerning other points directly to the Government.