Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its report in reply to the observations made by the Ceylan Workers' Congress (CWC) and the Lanka Jathika Estate Workers' Union, as well as the comments made previously by the Jathika Sevaka Sangamaya. Article 3, paragraph 1(a), of the Convention. The Committee recalls the observations made by the Jathika Kevaka Sangamaya concerning the working conditions and special risks and hazards faced by workers in the growing number of self-employed small industries and the fast-growing industries in the export processing zones, using highly sophisticated equipment and dangerous chemicals and resorting to extra hours of work for women and young persons, including night work. The Committee notes the information supplied by the Government concerning the legislation to protect children, young people and women. It also notes that, according to the Government, young people are not allowed to work in export processing zones. It asks the Government to provide information on the supervision of the application of the legal provisions to protect children and young people, particularly the Employment of Young Persons and Children Act, No. 47 of 1956, and on the activities of the labour inspectorate in export processing zones. Article 5(b). The Committee refers to the observations made by the Lanka Jathika Estate Workers' Union to the effect that a national programme should be drawn up by the state authorities concerned, in conjunction with the relevant employers' and workers' organizations, on a tripartite basis, in a joint effort to improve coordination and cooperation with a view to better application of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to encourage cooperation between labour inspectors and employers and workers or their organizations. Articles 10 and 16. In its previous comments, the Committee noted the Government's indication that measures had been taken to reinforce the labour inspectorate by creating 50 new posts. The Committee notes the observation by the Lanka Jathika Estate Workers' Union to the effect that this does not suffice to meet the demands of the rapidly expanding industrial sector. It notes the Government's indication that the matter of the increase of the number of inspectors and the shortage of funding for labour inspectors is being studied. The Committee also refers to the observations made previously by the Jathika Kevaka Sangamaya concerning working conditions in garment factories employing women. It notes the Government's indications in its report that 1,089 inspection visits were carried out in 1993 and 1,389 in 1994 in the garment manufacturing sector and that measures will be taken to strengthen the labour inspectorate in all sectors of the economy. The Committee also notes that in the mines and quarries sector there were approximately 1,240 inspections in 1993. The Committee hopes that the Government will take the necessary steps to increase the number of labour inspectors as well as the number and frequency of inspections, and asks it to provide information on the measures taken as a result of its examination of the question of the increase of the number of labour inspectors and the shortage of funds. Articles 20 and 21. The Committee notes the Government's indication that the necessary measures will be taken to prepare an inspection report in order to comply, in future, with the provisions of the Convention. The Committee would like to recall, as it did in its previous comments, that these reports must be published within the time limit set by Article 20, and address all the points listed in Article 21(a) to (g). It draws the Government's attention to the explanations in paragraphs 277 and 281 of its 1985 General Survey on labour inspection, regarding the form, method of publication and content of these reports. It trusts that the Government will take the necessary measures in this respect in the near future.