Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Sri Lanka (Ratification: 2003)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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. 1. Prevention of terrorism regulations. The Committee previously noted the entry into force of Prevention of Terrorism Regulations Nos 1–5 in 2011 under the Prevention of Terrorism Act of 1979. It noted that section 3 of the Prevention of Terrorism (Proscription of the Liberation Tigers of Tamil Eelam (LTTE)) Regulations No. 1 of 2011 provides a broad definition of offences, including taking part in meetings, promoting, encouraging, supporting, advising, assisting, and causing the dissemination of information, within or outside Sri Lanka, linked to the LTTE or any other organization presenting or acting on behalf of the said organization. This definition also covers any person connected with or concerned in, or reasonably suspected of being connected with or concerned in, any such activities. The offences are punishable with imprisonment of up to 20 years (section 4), and conspiring to commit, attempt, abet, or engage in any conduct in preparation of such an offence is punishable with imprisonment up to ten years (section 5). Additionally, it noted that the Prevention of Terrorism (Proscription of the Tamil Rehabilitation Organization (LRO)) Regulations No. 2 of 2011 likewise imposes penalties of imprisonment of up to 20 years for a range of activities linked to the LRO including attending meetings and the publication of material (sections 3, 4 and 5). The Committee observed that the penalty of imprisonment involves compulsory labour by virtue of section 65 of the Prison Ordinance.

The Committee noted the statement of the National Trade Union Federation (NTUF) that it was possible that these regulations could be misused or misinterpreted to restrict civil rights and liberties such as freedom of expression and the right to organize. The Government stated that these regulations are exclusively for the prevention of terrorism in the country and that no sanctions involving compulsory labour would be imposed on those holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requested the Government to provide information on the application of the abovementioned provisions in practice.

The Committee notes the Government’s information in its report that information has not been received from the Attorney General’s department. The Committee also notes the report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Sri Lanka in 2017 that the Government has initiated the drafting of new security laws, consisting of a national security act, a State intelligence services act and a prevention of organized crimes act, to replace the Preventions of Terrorism Act and the Public Security Ordinance (A/HRC/34/54/Add.2, paragraph 35). The Committee therefore requests the Government to provide information on any progress made regarding the adoption of the abovementioned laws to replace the Prevention of Terrorism Act and its regulations. Pending the adoption of such laws, it once again requests the Government to provide information on the application of the abovementioned provisions of Prevention of Terrorism Regulations Nos 1 and 2 of 2011 in practice, including information on any prosecutions, convictions and penalties imposed, as well as copies of relevant court decisions.

2. Penal Code. The Committee previously noted that section 120 of the Penal Code provides that whoever by words, signs or visible representations excites or attempts to excite feelings of disaffection to the President or the Government, or hatred towards or contempt of the administration of justice, or excites or attempts to excite people, or attempts to raise discontent or to promote feelings of ill will and hostility between different classes of people, shall be punished with imprisonment for up to two years (involving compulsory labour). It requested information on the application of this provision of the Penal Code. The Committee noted the Government’s indication that this section was not used to penalize the expression of political opinions. If a fraudulent case is brought, the responsible officers or institutions can be penalized and ordered to compensate the affected party. Additionally, the affected party has the right to file a fundamental case with the Supreme Court, pursuant to the Constitution. The Committee therefore requested the Government to provide information on the application of this provision in practice.

The Committee notes the Government’s statement that no information has been received from the Attorney General’s department. The Committee therefore once again requests the Government to provide information on the application of section 120 of the Penal Code in practice, including information on any convictions and penalties imposed, as well as copies of court decisions illustrating the scope of its application, in order to enable the Committee to assess the provision’s conformity with the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, under section 127(1)(ii) of the Merchant Shipping Act (No. 52 of 1971), the minister may make regulations concerning the conditions of service of those serving on board ships, including regulations providing for disciplinary offences, discipline of officers and seafarers, imposition of penalties on persons committing offences and connected procedures. Under section 127(2) of the Act, such regulations may provide for the imposition of penalties of imprisonment for a term not exceeding two years (involving compulsory labour). The Committee noted the Government’s statement that, in practice, no form of forced or compulsory labour as a means of labour discipline had taken place. It also indicated that the Merchant Shipping Authority was developing guidelines with regard to the Maritime Labour Convention, 2006.

The Committee notes the Government’s information that the Ministry of Ports and Shipping and the Department of Merchant Shipping have understood the existing inconsistencies and agreed to make the necessary legal amendments to the Merchant Shipping Act. The Ministry of Labour, Trade Union Relations and Sabaragamuwa Development keeps the continuous communication with the abovementioned institutions and any development that has taken place will be communicated to the Committee. The Government also indicates that the Department of Merchant Shipping is in the process of amending the Merchant Shipping Act to comply with the Maritime Labour Convention, 2006. The Committee hopes that in the context of the current law review process, its previous comments concerning disciplinary measures applicable to seafarers will be duly taken in account. It also requests the Government to provide information on any progress made in this regard.

Article 1(c) and (d). Sanctions for breaches of labour discipline and participation in strikes in essential services. The Committee previously noted that sections 32(2) and 40(1)(n) of the Industrial Disputes Act provide for procedural requirements for the participation in strikes in essential industries, and 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. Violations of the abovementioned provisions are punishable by imprisonment, involving compulsory labour. The Government stated that the Essential Public Services Act of 1979 applies to certain government departments, public corporations, local authorities, cooperative societies and essential public services declared as essential to the life of the community. The Committee also noted the statement by the NTUF that several pieces of legislation, including the Public Security Ordinance, had become obsolete and were not enforced. However, the NTUF stated that the Government failed to repeal or amend the provisions of legislation which contravenes Articles of the Convention.

The Committee notes the Government’s information that, in relation to the provisions concerned of the Industrial Disputes Act, the matter will be discussed at the National Labour Advisory Council, and the decision will be communicated to the Committee. The Government also states that, with regard to the issues pertaining to the Essential Public Service Act of 1979 and the Public Security Ordinance of 1947, a dialogue will be initiated with relevant authorities in order to fulfil the requirement highlighted by the Committee. The Committee therefore requests the Government to take the necessary measures to revise or repeal the abovementioned provisions, in order to ensure that no sanctions involving compulsory labour can be imposed for disciplinary offences or for peacefully participating in strikes, both in legislation and practice. It also requests the Government to provide information on any progress made in this regard.