Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the observations by the Ceylon Workers' Congress on the application of the Convention. The Committee notes that no report has been received from the Government.

1. In its previous comments the Committee referred to the provisions of the Essential Public Services Act, No. 61 of 1979, and noted that under section 2 of the Act the President may declare services provided by certain government departments, public corporations, local authorities or co-operative societies to be essential public services. During the continuance in force of an order made under the Act, any person employed in such a service who fails or refuses to attend his place of work or any other place to which he may be directed, or fails or refuses to perform work, or fails to perform it within the specified time-limits, or in any manner impedes, obstructs, delays or restricts the carrying on of that service, or impedes, obstructs, prevents, incites or encourages any other person employed in such work from attending or leaving his place of work, prevents any other person from accepting employment in or in connection with the carrying on of that service, is guilty of an offence.

The Committee noted the Government's indication in its report for the period ending June 1989 that the Essential Public Services Act seeks to ensure the maintenance of essential services such as water supply, electricity, health services, in emergency situations and does not prevent workers coming under the Act from leaving their employment.

The Committee referred to the explanations provided in paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e. any circumstance that would endanger the existence or the well-being of the whole or part of the population. The Committee pointed out however that even regarding employment in essential services there is no basis in the Convention for depriving workers of the right to terminate their employment by giving notice of reasonable length. The Committee notes the comments made by the Ceylon Workers' Congress according to which once a service has been declared an essential service the failure to turn up for work when requested to do so would amount to a punishable offence. The Committee requests once more the Government to indicate the measures taken or contemplated to ensure that persons governed by the Act can resign their service by giving notice of reasonable length.

2. In previous comments, the Committee noted that under the Compulsory Public Service Act, No. 70 of 1961, any graduate to whom the Act applies shall be under an obligation to perform compulsory public service (section 3(1)) for a period of normally up to five years (section 4(1)(c)), subject to a penalty of a fine payable every day during which he fails to discharge that obligation (section 4(5)). The Government indicated previously that the Ministry of Health had decided not to implement the Compulsory Public Service Act in respect of medical officers and that in regard to other services the provisions of the Act were not being implemented either. The Committee had noted that according to comments by the Ceylon Workers' Congress on the application of the Convention, the implementation of the Act, which was still in operation, had generally been confined to medical graduates, engineers, and science graduates, and that any graduate who failed to comply with the discharge of his obligation under the Act was liable to a fine of Rs.150 for each day he continued to commit the offence.

In its report for the period ending June 1989 the Government indicated that the decision of the Ministry of Health not to apply the Act had not been modified and that although the Act was still in the Statute Book, no enforcement of the provisions of the Act had come to the Government's notice. The Committee notes that the Ceylon Workers' Congress states that the Act has not been amended.

Referring to the explanations provided in paragraphs 55 to 62 of its above-mentioned General Survey, the Committee hopes that the law will soon be brought into conformity with the Convention, and that the Government will supply information on measures taken or contemplated to amend or repeal the Compulsory Public Service Act accordingly. Pending the required legislative action, the Committee requests the Government to continue to provide information on the application of the Act.

3. The Committee notes the renewed comments made by the Ceylon Workers' Congress that Part II of the Public Security Ordinance No. 25 of 1947 is still in force and that under section 5(1) of the Ordinance the President has published a series of regulations empowering officials to require any person to do any work or render any personal service under the menace of penalties. The Committee again requests the Government to provide a copy of the emergency regulations and requisition orders governing these matters.

4. Article 25 of the Convention. The Committee has previously taken note of the discussion in the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fourteenth session, 1989. The Committee noted that the report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) referred to information provided by Anti-Slavery International, set out in the report on the South Asian Seminar on Child Servitude held in June-July 1989 which was attended by representatives of non-governmental organisations from five countries. In relation to Sri Lanka the report refers to child labour exploitation in domestic service, shops, private coaches, tourist industry and fishing camps; it is alleged, inter alia, that small boys were kidnapped to be used as labour in "Waaduyas" fishing camps where they were forced to work up to 17 hours a day.

The Committee noted that under article 27 paragraph 13 of the Constitution of Sri Lanka the State shall promote with special care the interests of the children and youth so as to ensure their full development - physical, mental, moral, religious and social - and to protect them from exploitation and discrimination and that a number of laws had been enacted to protect children and restrict their employment such as the Employment of Women, Young Persons and Children Act No. 47 of 1956 and the Children and Young Persons Ordinance (1959). The Committee noted however that it was alleged in the above-mentioned report that protective laws were not adequately respected and enforced and that the main reason for the abuse of child labour was the lack of deterrent punishments.

The Committee had also noted observations made by the Ceylon Workers' Congress that slavery had been abolished by the Abolition of Slavery Ordinance No. 20 of 1844, that sections 361 and 362 of the Penal Code prohibit buying or disposing of any person as a slave, and that there existed no other provisions providing for penal sanctions for the exaction of forced labour.

The Committee notes the indication by the Ceylon Workers' Congress in its latest observations that child labour is a matter of concern, that enforcement of laws prohibiting employment of children gives rise to problems and is characterised by inadequacy of enforcement staff and non-availability of evidence. Many children are employed in domestic service where proof of violation is difficult.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the Government must ensure that penalties imposed by law are really adequate and strictly enforced. The Committee again expresses the hope that the Government will provide full information on the allegations referred to above including information on labour inspections carried out, complaints on child abuse received, on prosecutions undertaken, penalties imposed and copies of court decisions, as well as on any measures adopted or contemplated to eradicate forced labour of children.