Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee previously noted the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour laws must be applied without discrimination based on any ground. The Committee notes once again that the Government does not provide any information on the measures taken with respect to discrimination in employment and occupation based on caste. The Committee notes the Government’s statement, in its report, that this matter will be discussed with all relevant stakeholders with a view to exploring the possibility of amending the existing labour legislation or adopting a new legislation to address discrimination in employment. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee again requests the Government to provide information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes, and to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set as an explicit objective to create a central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, the Committee requests the Government to provide such information, once available. It also requests that the Government provide a copy of any recent study or survey assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.

Discrimination based on sex. Restriction on women’s employment. The Committee welcomes the Government’s statement that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. The Committee requests the Government to provide information on the status of the review process of the Shop and Office Employees Act regarding the hours of work of women, as well as any accompanying measures taken to protect the health and security of night workers.

Migrant women workers. The Committee notes that, in their last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Migrant Workers (CMW) expressed concern about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age, and which prevent women who have children with special needs from migrating to seek employment abroad (CEDAW/C/LKA/CO8, 3 March 2017, paragraph 38 and CMW/C/LKA/CO/2, 11 October 2016, paragraph 24). The Committee requests the Government to take the necessary steps to amend its national legislation in order to ensure equality of opportunity and treatment between men and women in employment and occupation, in particular of migrant women workers, and to provide information on any progress made in this regard.

Article 2. National equality policy. The Committee previously welcomed the adoption of the National Action Plan for the Protection and Promotion of Human Rights for 2011–16 which included “equal opportunities for all in both the public and private sectors” as an explicit objective and provided that discriminatory laws, policies and practices, should be identified and amended or repealed. While noting that the Government does not provide any information on the concrete measures taken to this end, the Committee notes that the new Human Rights Action Plan for 2017–21 providing “equal opportunities in employment and preventing direct and indirect discrimination” as an objective but that the scope has been reduced since it only provides that laws and regulations that discriminate against women in the workforce should be repealed. It further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), set as an objective ensuring “gender equality of employment opportunity and skill development”. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment of all workers in employment and occupation, including in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. Please also provide information on the results of any legislative and policy review conducted as a result of the previous Human Rights Action Plan and follow-up measures taken in this respect.

Access to vocational training and education. The Committee takes note of the statistical information provided by the Government on the enrolment of trainees from 2014–16, according to which women trainees represented 40 per cent of all trainees in 2016 (against 36 per cent in 2014). These statistics also show that women are entering in some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training as a higher proportion of women trainees are still concentrated in sectors such as beautician, hair stylist and tailor. While noting the Government’s indication that the Vocational Training Authority (VTA) encouraged women to join training in areas traditionally dominated by men, the Committee observes that while the number of women trainees increased in sectors such as high and heavy vehicle drivers, bakers and cooks, it decreased between 2015 and 2016 in other areas traditionally dominated by men such as plumbers, landscapists and jewellery-makers. It notes the Government’s indication that a social marketing campaign was conducted to increase women’s participation in tertiary vocational education training (TVET) programmes and that a Gender and Social Equity Framework for TVET has been created. The Government adds that attendance of trainees is being monitored in order to avoid them dropping out of class. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 provides for minimizing gender role stereotyping in formal education and increasing participation of girls and women in vocational and technical education, the Committee requests the Government to provide information on the concrete steps taken to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in areas traditionally dominated by men, including in the framework of the Gender and Social Equity Framework for tertiary vocational education training, and on any measures aimed at maintaining their attendance in school or in training institutes. The Committee requests the Government to continue to provide statistics, disaggregated by sex, on the enrolment of trainees.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, in 2016, the Department of Labour conducted three programmes for labour officers in order to raise awareness on equality issues among employers, with one programme being attended by 400 employers; as well as 25 programmes for workers relating to discrimination in employment. It however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the insufficient financial, physical and human resources of the Human Rights Commission; the limited number of labour officers and inspectors in the industrial and service sectors and the lack of dedicated resources for effective monitoring and inspections; and encouraged the Government to take into account the recommendations of the 2017 report of the United Nations Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 9, 10 and 29). Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets as explicit objectives guaranteeing the independence of the judiciary as well as to collect data on the number and types of complaints of discrimination, disaggregated by age, gender and ethnic origin of the victim, the Committee requests the Government to provide information on any steps taken to ensure that the judiciary is fully independent, as well as information on the number and content of any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted. It further requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.