Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 29) sur le travail forcé, 1930 - Sri Lanka (Ratification: 1950)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Sri Lanka (Ratification: 2019)

The Committee notes the communication from the National Trade Union Federation (NTUF) dated 24 August 2013, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations, expressed concern about the low number of convictions and punishment of those convicted of trafficking and the lack of protective measures and safe homes for victims of trafficking (CEDAW/C/LKA/CO/7, 4 February 2011, paragraph 26).

The Committee notes the NTUF’s statement that, while the Sri Lanka Bureau of Foreign Employment is pursuing action to eradicate trafficking in persons, the penalties imposed on traffickers are not severe enough to serve as a deterrent.

The Committee notes the Government’s statement that legal, medical and psychological assistance for trafficking victims is provided by the Government, in collaboration with NGOs. The Ministry of Child Development and Women’s Affairs, under the direction of the task force functioning under the Ministry of Justice, has established a government-run shelter for victims of trafficking. The Committee also notes the Government’s statement that, since 2009, the Criminal Investigations Department has commenced 61 investigations related to suspected cases of trafficking, and that these investigations are ongoing. The Children and Women’s Bureau of the Sri Lanka Police also carried out 38 investigations between March 2012 and April 2013. Moreover, the Attorney-General’s Department has received 191 files since 2009 of suspected cases of human trafficking, following which 65 indictments have been filed in court. Noting an absence of information on the number of convictions and penalties applied with regard to trafficking offences, the Committee recalls that Article 25 of the Convention provides that the exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced. It therefore requests the Government to take the necessary measures to ensure that perpetrators of trafficking in persons are subject to robust prosecutions and thorough investigations, and that the penalties imposed on perpetrators are sufficiently effective and dissuasive. The Committee requests the Government to provide information on measures taken in this regard, as well as on the application in practice of the relevant provisions of the Penal Code, particularly the number of convictions and the specific penalties applied. Lastly, it requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services.

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