Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sri Lanka (Ratification: 1998)

Article 1(1)(a) of the Convention. Discrimination based on religion. The Committee notes that the Government again refers to the constitutional provisions, and does not provide any further information on concrete measures taken to ensure protection against religious discrimination. In the absence of a reply to its previous requests, the Committee once again asks the Government to provide information on the concrete measures taken to ensure that Buddhists and non-Buddhists are equally protected in practice from direct and indirect discrimination in employment and occupation.

Discrimination based on social origin. The Committee notes the Government’s indication that the non-discrimination provisions in the Constitution lead to the formulation of caste-blind policies by the Government and private actors, and that Sri Lankan society is considered to be casteless by many researchers. However, the Committee notes that the Government still does not provide any specific information with respect to caste-based discrimination in the context of employment and occupation. The Committee therefore once again asks the Government to provide information on how it is ensured that, in law and practice, effective protection against both direct and indirect discrimination based on social origin is provided. Please also provide any recent studies or surveys assessing the nature and extent of caste-based discrimination.

Discrimination based on sex. The Committee welcomes the Government’s indication that the proposal to restrict women with children under the age of five years from emigrating for work, was dropped, and that no such regulation had been adopted. The Committee notes, however, that the Government does not reply to its concerns regarding the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act. Recalling that restrictions on women’s employment based on stereotyped assumptions of women’s and men’s roles in work and society violate the principle of equality of opportunity and treatment between men and women in employment and occupation, the Committee asks the Government to provide information on the status of the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act, restricting the hours of work for women.

Article 2. National policy. The Committee notes the Government’s indication that it has pledged to develop the National Plan of Action for Human Rights, which includes labour rights as one of the eight focus areas, and that it initiated drafting in September 2008. The Committee notes that the National Plan of Action for Human Rights will specifically address discrimination on the grounds enumerated in the Convention, and equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation. Please also provide information on the status of the adoption of the National Plan of Action for Human Rights, and details on the section on labour rights, including the implementation of any measures taken in that context.

Equality of opportunity and treatment between men and women in the public sector. The Committee notes the information provided by the Government on the numbers of men and women in the various ministries and the public administration according to the Census of Public and Semi-Government Sector Employment 2006, and salary categories according to the Public Administration Circular No.06/2006. However, the Committee still considers that more specific statistics on the actual numbers of men and women at all levels or at all salary groups are necessary to permit the Committee to assess the type of occupations per salary group, thereby identifying any inequalities between men and women in the public sector. The Committee therefore once again asks the Government to provide information on the number of men and women at all levels and in all salary groups in the public sector. The Committee also requests the Government to provide information on any awareness raising activities on equal opportunities and non-discrimination in the public sector, and the results achieved.

Access to vocational training and education. The Committee notes the comments by the Ministry of Youth Affairs, according to which National Strategy and Action Plans-TVET Provision for Vulnerable Groups are prepared, and an information management system has been established in the Tertiary and Vocational Education Commission. The Government also states that it ensures availability of sex disaggregated training information for reviewing policies on the enrolment of women. The Government further states that the number of women recruited for training programmes and those who completed training in 2009 has considerably increased compared to the previous years, and in particular female enrolment in “non-traditional” courses such as computer and information technology, building construction, automobile repair and maintenance, aviation aeronautics marine and navigation, printing and packaging, etc has increased. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to continue to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, as well as how such training has translated into employment opportunities for women and men.

Parts III to V of the report form. Enforcement. The Committee notes the Government’s indication that the Supreme Court deals with cases regarding discrimination in employment and occupation, however, information on specific cases is not yet available. The Government commits itself to communicating such information in its next report. The Committee also notes the information provided by Lanka Jathika Estate Workers’ Union (LJEWU) that courts of law or other tribunals have not given any decisions involving questions of principle relating to the application of the Convention. Recalling that an absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee once again asks the Government to provide information on the cases concerning discrimination dealt with by courts and the Labour Tribunal, as well as grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any relevant violations reported to or detected by the labour inspectors. Please also provide information on any steps taken to raise awareness of the principles of the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.