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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee notes the Government’s indication that there is no recent study or survey conducted with the involvement of the Government to assess the nature and extent of discrimination on the ground of caste or religion in employment and occupation. The Government also indicates that the creation of the 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, which was envisaged under the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, has not yet taken place. The Committee recalls the concerns expressed by the High Commissioner for Human Rights about the trend towards ethno-religious majoritarianism, which was undermining human rights and reconciliation (A/HRC/51/5, 4 October 2022 paragraph 27) Recalling the absence of legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee reiterates its request for 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. It also asks the Government to indicate how it ensures that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages of employment. The Committee encourages the Government to conduct a study, in collaboration with the social partners and the interested groups, on the situation in education, vocational training and employment and occupation of ethno-religious minorities and to provide information on its findings and the ways forward that are envisaged. The Government is also asked to provide updated information on the process of creation of the central monitoring body on ethno-religious minorities.
Discrimination based on sex. Restrictions on women’s employment. The Committee recalls 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. In the absence of information in its report in this regard, the Committee requests once again the Government to provide updated information on: (i) any progress made towards the amendment of the Shop and Office Employees Act regarding the hours of work of women; and (ii) any accompanying measures taken to protect the health and security of night workers. The Government is requested to supply a copy of the amendments once adopted.
Sexual harassment. With regard to the clarification of the scope of section 345 of the Penal Code covering sexual harassment as regards the expression “a person in authority” used in the “explanation part” of the Code, the Committee notes the Government’s indication that the Penal Code covers all types of sexual harassment and emphasizes that section 345 refers to “whoever [..]sexually harasses another person or [..] causes sexual annoyance or harassment to such other person [..]”. At the same time, the Committee recalls the “explanation” under section 345 that the offence of sexual harassment consists of unwelcome sexual advances by words or action used by “a person in authority”, which is narrower than “whoever” referred to in the provision. The Committee recalls that the scope of liability should include and co-workers and, where possible, clients or other persons met in connection with performance of work duties (General Observation 2002). The Committee welcomes the information provided by the Government about: (1) the establishment of anti-harassment committees in government organizations as well as in private companies, including factories in the export processing zones (EPZ), to prevent sexual harassment in the workplace; (2) the development of draft guidelines to address sexual harassment in government organizations and their submission to the Human Rights Commission of Sri Lanka for review; and (3) awareness-raising activities undertaken to encourage women to make complaints about sexual harassment. The Committee would also like to recall that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law generally does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). Therefore, the Committee asks the Government to take the necessary steps to consider the adoption of specific labour legislation that clearly define and explicitly prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile environment harassment) and provide information on any progress made in this regard.It also asks the Government to provide information on : (i) the practical application of section 345 of the Penal Code, including any relevant court decision, in order to clarify whether, in practice, the scope of this provision covers also sexual harassment by co-workers, clients and other persons met in connection with the performance of work duties; (ii) the action taken by the anti-harassment committees; (iii) the content of the guidelines to address sexual harassment in the workplace, once they are adopted; (iv) any measure adopted to prevent and address sexual harassment at the workplace under the National Policy on Gender Equality and Women's Empowerment and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20; and (v) the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.
Migrant women workers. Referring to its previous comments, the Committee notes the information provided by the Government about: (1) the various assessments made of the impacts of the Family Background Report (FBR) Regulation on the access of female migrant workers to employment abroad; and (ii) the rejection by the Cabinet of the proposal to remove the FBR highlighting the likely consequences on young children. The Government also indicates that: (1) at present, eligible female migrant workers without children are exempted from the FBR, while women with children have to submit the FBR with a care plan which will be examined by a dedicated committee and an appeal system is available; and (2) on average, 70 per cent of the appeals are granted, following the development of a family care plan. The Committee requests the Government to review the Family Background Report (FBR) Regulation in order to ensure that both men and women fully enjoy equality of opportunity and treatment in employment and occupation, including the opportunity to seek employment abroad if they so wish, while the necessary protection is provided to left-behind children of both men and women migrant workers. It asks the Government to provide information on any progress made in this regard.
Article 2. National equality policy. The Committee reiterates its request for information on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment for all workers in employment and occupation, including information on any significant results achieved in this regard under the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, including any legislative and policy review conducted and follow-measures taken.
Equality of opportunity and treatment between men and women. The Government informs that the female labour force participation rate in 2019 was 34.5 percent. The Government explains that the wide gender gap showed by this figure is in part due to the statistical invisibility of women working in the informal sector. The Committee notes that women represented: 47.1 per cent of the workforce in the service sector; 28.4 per cent in agriculture; 27.6 per cent in the service sector; and 54.44 per cent in the public service. The Government indicates that the number of women holding managerial positions is increasing and that higher educational achievements of women have contributed to this progress. However, there exist a gender gap at the highest decision-making level. Concerning the Women’s Commission Bill, the Committee notes that the Bill has been reviewed by the Attorney General and a committee has been created with the aim of examining all the recommendations received. The Committee welcomes the launching in March 2023 of the National Policy on Gender Equality and Women's Empowerment, which establishes a framework to guide and standardize the development of laws, policies, programs and mechanisms in all spheres and structures of government as well as in the public and private workplace, community, family and within the civic space. In particular, the Committee notes that the National Policy sets out to: (1) to increase women’s participation in the formal employment sector and recognize the contribution of women working in the informal sector and women’s role in care work; and (2) to ensure equal opportunities and benefits, legal safeguards, access to training, skill development and digital innovation, special protections and access to social security for all women and gender minorities in the formal and informal employment sectors. It also includes ensuring a gender responsive education system, vocational education and training for women and gender minorities and access to adult education for women. The Committee requests the Government to provide detailed information on the measures taken under the National Policy to: (i) increase women’s participation in the formal employment sector and recognize the contribution of women working in the informal sector and women’s role in care work; (ii) ensure equal opportunities and benefits, legal safeguards, access to training, skill development and digital innovation, special protections and access to social security for all women and gender minorities in the formal and informal employment sectors; (iii) promote women’s and girls’ increased school enrolment, retention and completion and access to vocational trainings, particularly in fields traditionally dominated by men; and (iv) address the persisting negative impacts of the COVID-19 pandemic on women’s access to decent work. Referring to its previous comments, the Committee also requests the Government to provide: (i) updated information on the status of the adoption of the Women’s Commission Bill and supply a copy of this piece of legislation once adopted; and (ii) updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy as available.
Enforcement and awareness-raising. The Committee notes the information provided by the Government about the steps taken to review school textbooks to ascertain to what extent gender equality was reflected in them and to address gender stereotyping and discrimination in the media. Referring to its previous comments, the Committee notes that the United Nations High Commissioner for Human Rights recommended that the Government should undertake a broad-based consultative process representative of all Sri Lankans to advance constitutional reforms that guarantee the independence of key institutions, including the judiciary and the Human Rights Commission of Sri Lanka (A/HRC/51/5, 4 October 2022, paragraph 71). The Committee again requests the Government to provide information on : (i) any steps taken to ensure that the judiciary is fully independent as well as other key enforcement institutions, including the Human Rights Commission; (ii) the measures taken to raise awareness of the principle of non-discrimination and equality among workers, employers, their representatives and enforcement authorities; (iii) the number and nature of any cases of discrimination dealt with by the Labour Inspectorate, the Human Rights Commission, the courts or any other competent authorities, the sanctions imposed and remedies granted; and (iv) the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation. The Committee recalls the lack of provisions in the labour or other legislation providing for protection against discrimination in employment and occupation in the private sector. In addition, it recalls that, for many years, it has been pointing out that articles 12 (equality before the law and protection of citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds”), 14 (freedom for citizens to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise) and 17 (remedy for the infringement of fundamental rights) of the Constitution appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. In response, the Government indicates that: (1) provisions of labour legislation in Sri Lanka are applied to “employees working in the private sector establishments and statutory bodies, based on the contract of employment”; (2) the term “employee” is clearly defined in all labour legislation; and (3) the definition does not discriminate any employee or worker based on gender, race, colour, ethnicity, nationality, citizens, non-citizens, religion, etc. While noting these explanations, the Committee recalls that, under Article 2, with a view to achieving the elimination of discrimination in employment and occupation, States are required to develop and implement a multi-faceted national equality policy. The implementation of the national equality policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice (see 2012 General Survey on the fundamental Conventions, paragraph 732). The Committee underlines that: (1) the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector; and (2) this plan does not refer explicitly to the grounds of “colour”, “political opinion”, “national extraction” and “social origin”, which are enumerated in Article 1(1)(a) of the Convention. The Committee again urges the Government to take all the necessary steps to introduce comprehensive legislative provisions in order to ensure that all men and women workers, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It also asks the Government to indicate if any progress was made in this regard under the National Action Plan for the Protection and promotion of Human Rights. Noting that a draft new Constitution is being prepared, the Committee expresses the hope that the new Constitution will prohibit discrimination on at least all the grounds listed in Article 1(1)(a) of the Convention and will extend such prohibition to non-citizens.
The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It 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), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within 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. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.
Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It 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), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within 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. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.
Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee notes 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 legislation should be applied without discrimination based on any ground. It further notes that no information was provided on measures taken with respect to discrimination based on caste in employment and occupation. The Committee would like to recall that discrimination in employment and occupation is a universal phenomenon and that effectively responding to the complex realities and varieties of ways in which discrimination occurs thus requires the adoption of a range of measures. 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 reiterates its request for information on any specific measures taken in practice to effectively protect workers against discrimination on the basis of religion and social origin in the private and public sectors, including measures to promote respect and tolerance between the different groups and to combat prejudice and stereotypes. The Government is also requested 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. Please also provide any recent studies or surveys assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.
Discrimination based on sex. Restrictions on women’s employment. The Committee notes the Government’s indication that draft amendments to the Shop and Office Act allowing women to work at night in the Information Technology – Business Process Outsourcing (IT-BPO) industry with a view to increasing their participation in the labour force, were discussed by the National Labour Advisory Council. The Government indicates that the trade union representatives objected to the amendments whereas the employers’ representatives supported them. The Committee understands from the report that the Ministry of Labour has not yet taken any decision in this regard. While the Committee understands that the main motivation behind such limitations in their hours of work appears to be the protection of health and safety of women, it considers that measures that aim at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, constitute obstacles to the recruitment and the employment of women. However, the Committee would like to point out in this context that, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can work on an equal footing with men. The Committee requests the Government to provide information on the results of the review of the proposed amendments to the Shops and Office Act regarding the hours of work of women as well as any accompanying measures taken to protect the health and security of night workers.
Article 2. National equality policy. The Committee welcomes the adoption of the National Action Plan for the Protection and Promotion of Human Rights 2011–16, which includes labour rights as one of the eight focus areas and sets “equal opportunities for all in both the public and the private sectors” as an explicit objective. It notes that, according to the Action Plan, discriminatory laws, policies and practices, should be identified and amended or repealed. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation, within the framework of the National Action Plan or otherwise. Please also provide information on the results of any legislative and policy review planned and the measures taken in this respect.
Access to vocational training and education. The Committee notes that the statistics provided by the Government on the enrolment of trainees (2014) according to which women trainees represent 36 per cent. These statistics also show that women are entering some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training. Noting that the National Action Plan provides for awareness programmes aimed at reducing gender disparities in the enrolment in technical education, the Committee requests the Government to provide information on the concrete measures taken or envisaged to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in traditionally “male” sectors, and on any measures aimed at maintaining their attendance in school or in training institutes. Please continue to provide statistics, disaggregated by sex, on the enrolment of trainees.
Parts III to V of the report form. Enforcement and awareness-raising. The Committee welcomes the organization of workshops for labour officers on gender equality and women’s rights. The Committee 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. Please also provide information on any relevant violations reported to or detected by the labour inspectors as well as information on any cases concerning discrimination dealt with by the courts.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to make every effort to introduce anti-discrimination provisions into its national legislation covering all aspects of employment and occupation and all the grounds enumerated in the Convention. The Committee notes the Government’s statement that constitutional provisions addressing discrimination are above all other legislation and are implemented effectively. The Committee recalls that the Constitution guarantees equality before the law and generally only protects citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds” (article 12), and guarantees the freedom to engage in employment and occupation (article 14) and the right of every person to apply to the Supreme Court in respect of violations of these rights by the State (article 17). The Committee recalls that the constitutional provisions against discrimination do not prohibit discrimination on the grounds of colour or national extraction. Due to the sensitive nature of discrimination issues and the need to put an end to discriminatory situations in the workplace in a timely and effective manner, the Committee considers that, in addition to the constitutional guarantees, the inclusion of non-discrimination and equality provisions into the labour or other relevant legislation would be an effective means to address discrimination in employment and occupation, and to enable workers to avail themselves of their rights. Noting the Government’s indication that no discrimination cases in employment have been reported to the Department of Labour, the Committee wishes to recall that the absence of cases of discrimination in employment may reflect the lack of an appropriate legal framework and practical difficulties of access to the procedures. The Committee again urges the Government to take the necessary steps to introduce anti discrimination provisions in its national legislation to ensure that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds covered by the Convention, including colour and national extraction. The Committee further requests the Government to indicate how workers can obtain redress with respect to discrimination by private employers on the grounds enumerated by the Convention and to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome. Please provide copies of any relevant judicial decisions.
Equality of opportunity and treatment between men and women. The Committee notes that in 2013 the labour force participation of women remained low at 35.6 per cent (74.9 per cent for men) and has been relatively for the past ten years. According to the 2013 data, women represented only 10.3 per cent of employers; 33.6 per cent of employees; 26.5 per cent of own account workers and 78.5 per cent of contributing family workers. Noting the information provided in the Government’s report, the Committee welcomes the approval of a comprehensive National Plan of Action for Women and the establishment of specific units to which human and material resources have been allocated to implement the planned activities. The Committee also welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights (2011–16) of measures regarding women’s rights and gender equality in employment, including the formulation through a consultative process and the enforcement of a policy for the private sector adhering to the principle of non discrimination, and research on the problems faced by working women. Welcoming the Government’s efforts in the field of gender equality, the Committee requests the Government to provide detailed information on any policy and measures adopted under the National Plan of Action for Women and the National Action Plan for the Protection and Promotion of Human Rights for the effective implementation of gender equality in employment and occupation and on their impact. It further requests the Government to indicate any measures taken or envisaged to increase the participation of women in the labour force and their access to a wider range of jobs and to higher level posts, including through awareness-raising campaigns and measures to combat stereotypes regarding women’s aspirations, preferences and capabilities and their role in the society. The Committee again asks the Government to provide information on the status of the adoption of the Women’s Rights Bill, and it would be grateful if the Government would provide a copy of the study on the problems faced by working women, once it has been finalized.
Sexual harassment. The Committee recalls its previous comments regarding the absence of effective protection of workers against sexual harassment in employment and occupation. The Committee welcomes the inclusion in the National Action Plan 2011–16 of measures addressing sexual harassment, such as “reviewing and implementing an anti-sexual harassment policy in the government sector institutions” and establishing a mechanism in order to “monitor the implementation of the anti-sexual harassment policy in the private sector”. The Committee also welcomes the new Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, to which the Government refers in its report. The Code of Conduct is an important step in combating this serious form of sex discrimination, but is applied on a voluntary basis. In its report, the Government also refers to provisions in the Penal Code covering sexual harassment and states that there is no need for a separate law in this respect. The Committee considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case). It also notes that the explanation provided under section 345 of the Penal Code refers to “a person in authority”. The Committee requests the Government to clarify the scope of section 345 of the Penal Code, indicating whether it only applies to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier of the enterprise. It further requests the Government to provide information on the following points:
  • (i) the penal procedure to file a claim for sexual harassment in employment and occupation, in particular the rules regarding the burden of proof, and any measures taken to avoid victimization, as well as any relevant judicial decisions;
  • (ii) any preventive measures taken by employers, in the private and public sectors, on the basis of the Code of Conduct; and
  • (iii) the progress made in implementing the measures taken under the National Plan of Action 2011–16, in particular with respect to monitoring the implementation of the anti-sexual harassment policy in the private and public sectors.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Discrimination based on religion. The Committee notes that the Government again refers to the constitutional provisions, and does not provide any further information on concrete measures taken to ensure protection against religious discrimination. In the absence of a reply to its previous requests, the Committee once again asks the Government to provide information on the concrete measures taken to ensure that Buddhists and non-Buddhists are equally protected in practice from direct and indirect discrimination in employment and occupation.
Discrimination based on social origin. The Committee notes the Government’s indication that the non-discrimination provisions in the Constitution lead to the formulation of caste-blind policies by the Government and private actors, and that Sri Lankan society is considered to be casteless by many researchers. However, the Committee notes that the Government still does not provide any specific information with respect to caste-based discrimination in the context of employment and occupation. The Committee therefore once again asks the Government to provide information on how it is ensured that, in law and practice, effective protection against both direct and indirect discrimination based on social origin is provided. Please also provide any recent studies or surveys assessing the nature and extent of caste-based discrimination.
Discrimination based on sex. The Committee welcomes the Government’s indication that the proposal to restrict women with children under the age of five years from emigrating for work, was dropped, and that no such regulation had been adopted. The Committee notes, however, that the Government does not reply to its concerns regarding the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act. Recalling that restrictions on women’s employment based on stereotyped assumptions of women’s and men’s roles in work and society violate the principle of equality of opportunity and treatment between men and women in employment and occupation, the Committee asks the Government to provide information on the status of the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act, restricting the hours of work for women.
Article 2. National policy. The Committee notes the Government’s indication that it has pledged to develop the National Plan of Action for Human Rights, which includes labour rights as one of the eight focus areas, and that it initiated drafting in September 2008. The Committee notes that the National Plan of Action for Human Rights will specifically address discrimination on the grounds enumerated in the Convention, and equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation. Please also provide information on the status of the adoption of the National Plan of Action for Human Rights, and details on the section on labour rights, including the implementation of any measures taken in that context.
Equality of opportunity and treatment between men and women in the public sector. The Committee notes the information provided by the Government on the numbers of men and women in the various ministries and the public administration according to the Census of Public and Semi-Government Sector Employment 2006, and salary categories according to the Public Administration Circular No.06/2006. However, the Committee still considers that more specific statistics on the actual numbers of men and women at all levels or at all salary groups are necessary to permit the Committee to assess the type of occupations per salary group, thereby identifying any inequalities between men and women in the public sector. The Committee therefore once again asks the Government to provide information on the number of men and women at all levels and in all salary groups in the public sector. The Committee also requests the Government to provide information on any awareness raising activities on equal opportunities and non-discrimination in the public sector, and the results achieved.
Access to vocational training and education. The Committee notes the comments by the Ministry of Youth Affairs, according to which National Strategy and Action Plans-TVET Provision for Vulnerable Groups are prepared, and an information management system has been established in the Tertiary and Vocational Education Commission. The Government also states that it ensures availability of sex disaggregated training information for reviewing policies on the enrolment of women. The Government further states that the number of women recruited for training programmes and those who completed training in 2009 has considerably increased compared to the previous years, and in particular female enrolment in “non-traditional” courses such as computer and information technology, building construction, automobile repair and maintenance, aviation aeronautics marine and navigation, printing and packaging, etc has increased. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to continue to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, as well as how such training has translated into employment opportunities for women and men.
Parts III to V of the report form. Enforcement. The Committee notes the Government’s indication that the Supreme Court deals with cases regarding discrimination in employment and occupation, however, information on specific cases is not yet available. The Government commits itself to communicating such information in its next report. The Committee also notes the information provided by Lanka Jathika Estate Workers’ Union (LJEWU) that courts of law or other tribunals have not given any decisions involving questions of principle relating to the application of the Convention. Recalling that an absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee once again asks the Government to provide information on the cases concerning discrimination dealt with by courts and the Labour Tribunal, as well as grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any relevant violations reported to or detected by the labour inspectors. Please also provide information on any steps taken to raise awareness of the principles of the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report.
Legislative protection. The Committee recalls its previous comments, urging the Government to make every effort to introduce provisions in the legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention. In its reply, the Government continues to refer to the constitutional provisions, but does not indicate any further progress in introducing specific legislative provisions. Recalling that general constitutional provisions regarding equality, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation, the Committee again urges the Government to take steps to introduce specific legislative provisions ensuring that all women and men, whether citizens or non-citizens, are protected against discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention, and to provide information on progress made in this regard. The Committee also once again asks the Government to provide information on the concrete measures taken to protect, in practice, citizens and non-citizens against discrimination on the basis of sex, race, colour, religion, political opinion, national extraction and social origin.
Equality of opportunity between men and women. The Committee notes from the 2010 Labour Force Survey Annual Report of the Department of Census and Statistics, that the labour force participation of women is 31.2 per cent compared to 67.1 per cent for men. Only 15.6 per cent of working age women has employee status, compared to 36.4 per cent of men. In the Labour Force Survey, it is confirmed that “the occupational profiles of women and men are quite distinct”, with a high proportion among “skilled agricultural and fishery workers”. The Committee had also noted previously the under-representation of women in many areas of employment, and their concentration in self-employment and unskilled work, often in the informal economy, and in export processing zones (EPZs). The Committee notes the information provided by the Government on the range of measures taken by the Department of Labour and the Board of Investment, concerning conditions of employment and other facilities in the EPZs, as well as information on a range of gender-related activities including planned training and awareness-raising of the Gender Bureau under the Ministry of Labour Relations and Productivity Promotion. The Committee asks the Government to provide information on any measures taken or envisaged to effectively address occupational sex segregation, and the impact of such measures, including with respect to women in the informal economy, and in EPZs. It also asks the Government to provide information on any other measures taken to increase female labour force participation including increasing access to higher level posts. Please also provide information on the status of the adoption of the Women’s Rights Bill, as well as details of the Five-Year National Action Plan for 2010–14, and any information on its implementation.
Sexual harassment. The Committee had previously raised concerns regarding the absence of effective protection against sexual harassment. The Committee notes that the Government again refers to the voluntary “Code of Conduct and Procedures to address Sexual Harassment at the Workplace”, introduced by the Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon, indicating that the Code is considered as a milestone in Sri Lankan efforts to prevent sexual harassment at the workplace. The Government also indicates that a case of unjustified termination of service could be brought before the Labour Tribunal based on sexual harassment. The Committee notes that the Government has not given any indication that it intends to include a specific provision preventing and prohibiting sexual harassment in the labour law, as recommended by the Committee. The Committee recalls that clear definitions, encompassing quid pro quo and a hostile environment harassment, and appropriate responses in terms of remedies and complaints mechanisms under national laws, are important in addressing sexual harassment, which is a serious form of sex discrimination. The Committee therefore asks the Government to take steps to include specific legislative provisions prohibiting and preventing sexual harassment in employment and occupation. The Committee also asks the Government to provide information on the practical application of the Code of Conduct on sexual harassment, including its impact on preventing and addressing sexual harassment. Please also provide information on any complaints lodged, the remedies provided and sanctions imposed by the judicial or administrative authorities relating to sexual harassment, including in the context of unjustified termination. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the public and private sectors.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the ground of religion. The Committee notes the Government’s explanations relating to the functions of the Ministry of Religious Affairs and Moral Upliftment, established to monitor the programmes and policies with respect to all religions in Sri Lanka. The Committee also notes the statistics, not dated, that 70 per cent of the population is Buddhist, 15 per cent is Hindu, 8 per cent is Christian and 7 per cent is Muslim. However, noting that, apart from the constitutional provisions, the Government does not provide any information on the concrete measures taken to ensure that Buddhists and non-Buddhists are equally protected in practice from direct and indirect discrimination in employment and occupation, the Committee requests the Government to provide such information in its next report.

Discrimination based on social origin. The Committee recalls article 12(a) of the Constitution prohibiting caste-based discrimination, and the Prevention of Social Disabilities Act, 1957, and its amendment in 1971, making caste-based discrimination an offence with respect to access to shops, public eating houses and hostels, public wells, hairdressing salons, laundries, cemeteries, places of worship and for the purposes of education and employment. In order to assess the extent to which the national legislation and the provisions of the Convention are being effectively applied in practice with respect to caste-based discrimination in employment and occupation, the Committee asks the Government to provide information on any studies or surveys undertaken in recent years assessing the extent to which such discrimination and caste systems still exist in practice.

Discrimination on the basis of sex. Restrictions on women’s employment. The Committee notes that the proposed amendment of the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Acts, restricting the hours of work of women, is still under consideration. The Committee further understands that on 7 March 2008 the Cabinet approved a proposal by the Minister of Child Development and Women’s Empowerment that would ban women with children under the age of 5 from emigrating for work. The regulation would also require mothers with children aged 5 years and above to obtain approval from a government committee after submitting proof that they can provide appropriate childcare. The Committee notes that such a restriction is not imposed on men wishing to migrate for employment. The Committee recalls that from the viewpoint of Convention, restrictions on women’s employment should be limited to protecting the reproductive capacity of women and not be aimed at protecting women because of their sex or gender, based on stereotyped assumptions. The Committee questions whether a ban on women’s employment abroad is an effective manner to promote gender equality and improve equality of treatment and opportunity with respect to access to a wide range or quality of jobs. The Committee asks the Government to provide the text of this regulation as well as its impact on women’s employment opportunities at home and abroad.

Article 2. National policy. Noting that no information has been provided on this point, and especially in view of the absence of comprehensive legislation prohibiting discrimination in all aspects of employment and occupation on all the grounds of the Convention, the Committee asks the Government, in accordance with Article 2 of the Convention, to provide further details on the steps taken to formulate and pursue a national policy to promote equality of opportunity and treatment with respect to race, colour, sex, national extraction, religion, political opinion and social origin.

Article 3(d). Application in the public sector. The Committee notes that a gender focal point system has been established in public sector institutions to create awareness on gender equality. It also notes the statistics resulting from the 2006 Census of Public and Semi-Government Employment indicating the number of employees in the various ministries and the distribution of men and women according to salary group. Noting that the statistics on the distribution of employees in the ministries is not disaggregated by sex, and that the statistics on the salary groups does permit the Committee to assess the type of occupations per salary group, the Committee asks the Government to provide such information in its next report.

Article 3(e). Access of women to vocational training. The Committee notes the information provided by the Ministry of Vocational and Technical Training. The information affirms that the Ministry and the Tertiary and Vocational Education Commission is ensuring the application of the principle of equality of opportunity and treatment, without providing further details on how this is being done in practice. The Committee, however, also notes that career counselling programmes encourage female enrolment and that the number of women enrolled in vocational training courses appears to have increased since 2005. The Committee asks the Government to provide more detailed statistics on the vocational training courses offered to men and women, and their respective enrolment in these courses. Please also provide information on the measures taken to prevent women, based on stereotyped assumptions on their aspirations, capabilities, suitability for certain jobs, from persistently enrolling in training courses with fewer career or job opportunities or leading to employment in low-paid or low-status jobs.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report, and the comments from the Ceylon Workers’ Congress (CWC) received on 29 August 2008.

Legislative protection against discrimination in employment and occupation. The Committee recalls its previous comments regarding the lack of national legislation explicitly incorporating a prohibition of direct and indirect discrimination in employment and occupation on the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes that the Government, in its reply, continues to refer to the constitutional provisions guaranteeing equality before the law and generally protecting citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds” (article 12), guaranteeing the freedom to engage in employment and occupation (article 14) and guaranteeing the right of every person to apply to the Supreme Court in respect of violations of these rights by the State (article 17). However, the Committee notes that the Constitutional guarantees against discrimination only appear to cover citizens and do not prohibit discrimination on the grounds of colour or national extraction. In this respect, the Committee notes the Grant of Citizenship to Persons of Indian Origin Act, No. 35/2003, and the Act to Repeal the Indian Immigrant Labour Ordinance No. 23/1993 (Chapter 132), No. 18/2006, but recalls that the Convention does not make any distinction between citizens and non-citizens as to the protection against discrimination. The Committee therefore considers that, in addition to these constitutional guarantees, the inclusion of non-discrimination and equality provisions into the labour or other relevant legislation may be required to ensure that all men and women, citizens and non-citizens, are effectively protected from discrimination in employment and occupation on all the grounds covered by the Convention, including race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also recalls that the adoption of comprehensive legislation has proven to be one of the most effective means to address discrimination in employment and occupation. The Committee urges the Government to make every effort to introduce in the national legislation provisions ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds covered by the Convention. Awaiting further steps being taken to adopt any such legislation, please provide information on the concrete measures taken to protect, in practice, citizens and non-citizens against discrimination on the basis of race, colour, national extraction, religion, political opinion and social origin. Please also provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, as well as how persons can obtain redress with respect to discrimination by private employers on the grounds enumerated in Article1(1)(a) of the Convention.

Non-discrimination and equality of opportunity between men and women. The Committee recalls its previous observation concerning the under-representation of women in many areas of employment and their concentration in self-employment and unskilled work, often in the informal economy, as well as the high incidence of sexual harassment in the private sector, especially on the tea plantations, and the poor working conditions in the export processing zones (EPZs). The Committee also recalls that the Government, together with the workers’ and employers’ organizations, had taken some measures that addressed some of these issues, but that further efforts were needed to promote equality of opportunity of men and women in employment and occupation. The Committee notes the comments by the LJEWU that some employers are reluctant to employ women because of the need for special requirements such as maternity leave and nursing intervals, and that sexual harassment is not only evident in the tea plantations but also in other occupational sectors. However, according to the LJEWU, the Ministry of Labour does not have the legal mandate to deal with the issue and incidences of sexual harassment are being referred to the police. Penal provisions have recently been adopted on sexual harassment at work and in public places. The Committee also notes that the “Women’s Rights Bill” has not yet been finalized. The Committee further notes from the statistical data for 2005 provided by the Government that between 1991 and 2005 women’s participation in private sector employment increased by 5.9 per cent, particularly in the professional, technical and related occupations and the skilled and semi-skilled occupations where their participation increased by 14.9 and 10.5 per cent, respectively. However, women continue to be over-represented in the skilled and semi-skilled (59 per cent) and unskilled (53.4 per cent) occupations; however in the occupational group of “foreman and supervisor” their participation decreased from 29.7 per cent in 1991 to 23.8 per cent in 2005.

The Committee notes from the Government’s report that the Gender Bureau of the Ministry of Labour Relations and Manpower, the Women’s and Children’s Affairs Division and the National Institute of Labour Studies (NILS) have provided training and awareness-raising programmes on gender mainstreaming for the working population. The Committee further notes with interest that workers’ and employer’s organizations have taken certain measures to address sexual harassment in the workplace. The Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon (EFC) have launched the “Code of Conduct and Procedures to address Sexual Harassment in the Workplace: a Guideline”, and the collective agreement between the CWC and the Employers’ Federation of Ceylon covering the plantation sector introduced a clause discouraging sexual harassment and providing for female supervisors in tea harvest areas. However, the Committee remains concerned about the fact that legislative protection against sexual harassment is mainly being approached in the context of criminal law. Sex-related offences established under the penal law generally cover severe forms of sexual harassment and may not be adequate to prevent and address many other forms of sexual harassment at work, whether quid pro quo or hostile working environment harassment, as identified in the Committee’s general observation of 2002. While welcoming the initiatives to promote training and awareness on gender mainstreaming, the Committee has yet to observe their real impact, as well as of those previously taken by the Government to promote gender equality in employment and occupation. In order to be able to assess more fully the progress being made in the application of the Convention, the Committee asks the Government to provide the following information:

(i)    information (e.g. surveys, studies, as well as statistics disaggregated by sex) demonstrating the impact of the measures taken to promote women’s upward mobility and access to a wider range of jobs and occupations;

(ii)   the measures taken, and their impact to improve the working conditions in the EPZs as well as to address the employment situation of women in the informal economy;

(iii) the steps taken to include provisions prohibiting and preventing sexual harassment in national labour law;

(iv)  any other measures taken to effectively address discrimination against women and promote their equality of treatment and opportunities in employment and occupation.

The Committee also reiterates its request for information on the results of the legislative research commissioned by the National Committee on Women with respect to the laws identified as being detrimental to women in the area of employment and occupation.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Discrimination on grounds of religion. Further to its observation, the Committee notes that, with respect to the protection against discrimination of non-Buddhists, the Government states that article 9 of the Constitution, which accords Buddhism “the foremost place”, is meant to express that the majority of Sri Lankans profess Buddhist faith, without however giving Buddhism the status of the state religion. The Government further states that it accepts and respects all religions equally and that the Constitution guarantees freedom of religion of all citizens. The Committee notes these explanations and requests the Government to indicate in its next report the measures taken to ensure that both Buddhists and non-Buddhists are protected in practice against direct and indirect discrimination based on religion in employment and occupation.

2. Discrimination on ground of national extraction. With respect to its previous comments on the discrimination of Indian Tamils, the Committee notes the Government’s statement that, following a policy adopted in 1977, all Indian Tamils staying in Sri Lanka have been granted citizenship. The Government indicates that, accordingly, it decided to repeal the Indian Immigrant Ordinance of 1923, which was originally enacted to introduce Indian labour to Sri Lanka. The Committee notes further that, according to the International Confederation of Free Trade Unions (ICFTU), new legislation was introduced in 2003 providing for all Tamils of Indian origin to become citizens of Sri Lanka on the basis of a declaration that they are not citizens of another country. The Government is requested to provide in its next report a copy of the Grant of Citizenship to Persons of Indian Origin Act, 2003. Furthermore, while welcoming the naturalization of Indian Tamils under this Act, the Committee nevertheless recalls that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. The Committee reiterates its request to the Government to indicate how protection against discrimination of non-citizens and stateless persons is ensured in practice with respect to access to employment and occupation and vocational training. Please also provide information on steps taken or envisaged to formulate a national policy to promote equality of opportunity and treatment on all the grounds covered in Article 1(1)(a) of the Convention, including national extraction.

3. Promotion of equality of opportunity and treatment between men and women. The Committee notes that a Gender Bureau has been established and is presently conducting awareness-raising programmes with the assistance of the ILO, addressing a number of gender-related subjects. The Committee asks the Government to provide more details on the impact of these awareness raising programmes along with the other measures undertaken by the Gender Bureau to promote equality of opportunity and treatment between men and women in employment and occupation.

4. Application of the Convention in the public service. The Committee thanks the Government for providing a copy of the Establishments Code, 1985. It requests the Government to provide in its next report information on the measures taken or envisaged to ensure the practical application of the principle of equality of opportunity and treatment in the public service, and to include statistical information, disaggregated by sex, on the participation of women and men in the various public service occupations.

5. Equality of opportunity and treatment with respect to vocational training. The Committee thanks the Government for providing a copy of the Corporate Plan (2005-09) of the Tertiary and Vocational Education Commission (TVEC). It notes that the objectives of this Commission are the planning, coordination and development of tertiary and vocational education at all levels. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women enrolled in the different disciplines of vocational training and to indicate, in its next report, how the TVEC is ensuring equality of opportunity and treatment in vocational training with respect to all the grounds set out in the Convention.

6. Article 5. Special protective measures. Recalling its previous comment on the protective provisions in the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act which restrict the working hours of women, the Committee notes the Government’s statement that it has taken steps, after consultation with the social partners, to amend the relevant provisions with a view to facilitating the employment of women in the information technologies sector. The Committee welcomes this information and asks the Government to keep it informed of any further development in this respect, as well as to provide it with copies of the relevant provisions, as amended.

7. Enforcement. The Committee notes the information provided with the Government’s report regarding the complaints received by the Human Rights Commission in the area of harassment, recruitment and promotions, retirement and termination of employment, and the complaints received by the Parliamentary Commissioner for Administration (Ombudsman) in the area of promotions and salary payments. The Committee encourages the Government to continue to provide such information in its next report, specifying the nature and number, and outcome of cases that specifically deal with discrimination in employment and occupation on the grounds set out in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) of 20 February 2004, which was sent to the Government on 31 March 2004 for its comments. The ICFTU raised issues relating to the lack of legislative protection against discrimination in employment and occupation, women’s access to employment and occupation, sexual harassment in the plantation sector and poor conditions of work in the export processing zones (EPZs).

1. Legislative protection against discrimination in employment and occupation. In its previous comments, the Committee had noted the absence of a general provision in the national legislation protecting against discrimination in employment and occupation in the private sector. The Committee notes that, according to the ICFTU, the existing legal framework does not provide sufficient protection against workplace discrimination, and needs to be strengthened, particularly in the private sector. In this regard, the Committee notes from the Government’s report that the National Workers Charter of 1995, which inter alia provided for the adoption of specific legislation to ensure equality of opportunity and treatment for all women in relation to employment and occupation, has been withdrawn. The Government indicates, however, that the National Committee on Women has participated in the preparation of a Women’s Rights Bill, which is currently awaiting approval, and has commissioned research to identify laws which are detrimental to women and need revision. The Committee requests the Government:

(a)   to indicate the steps taken or envisaged to incorporate in the national legislation a prohibition against direct and indirect discrimination in employment and occupation in the private sector on the basis of sex as well as the other grounds set out in Article 1(1)(a) of the Convention, and to provide a copy of the Women’s Rights Bill once it has been adopted; and

(b)   to provide information on the results of the legislative research, particularly with respect to the laws identified as being detrimental to women in the area of employment and occupation, and the efforts taken or envisaged to bring them into conformity with the Convention.

2. Equality of opportunity and treatment between men and women. With respect to women’s access to employment and occupation and conditions of work, the Committee notes from the ICFTU’s communication that women are under-represented in many disciplines and are mainly employed in self-employment or in low-wage and low-skilled work, often in the informal economy. Moreover, the ICFTU indicates that the state policy encouraging self-employment as a response to women’s unemployment has had minimal economic returns and that few women have been able to move out of low income self-employment. Furthermore, referring to the ILO study entitled “Sexual harassment at work – Sri Lanka study with focus on the plantation sector” of 2001, the ICFTU expresses concern over the high incidence of sexual harassment in the private sector, especially on tea plantations, where the majority of workers (90 per cent) are women with mostly male supervisors. The ICFTU also highlights the poor working conditions in the EPZs, where the majority of the workers are women, including long working hours, restrictions on bathroom use and rest breaks and the unattainable or excessive production quota.

3. The Committee notes that the Government’s report does not contain a reply to the concerns raised by the ICFTU. However, the Committee also understands that the Government and the social partners have undertaken a number of initiatives to promote gender equality in employment and occupation that may assist in addressing some of the issues raised. As such, the Committee is aware that, with the assistance of the ILO, a tripartite gender audit was conducted in 2004 with the participation of the Ministry of Labour Relations and Foreign Employment, the Employers’ Federation of Ceylon (EFC), the Ceylon Workers’ Congress (CWC) and the Sri Lanka Nidhahas Sevaka Sangamaya (SLNSS). Recommendations for follow-up included capacity building of the Government and the social partners with respect to gender equality as well as measures to address sexual harassment at the workplace. In this regard, the Committee notes with interest that the EFC has adopted Guidelines for Company Policy on Gender Equity/Equality, recommending measures and strategies relating to working conditions, the prevention of sexual harassment, and workers with family responsibilities. The Committee further notes with interest from the Government’s report that a Gender Bureau has been set up under the Ministry of Labour Relations to strengthen gender equality in all laws and regulations, policies and programmes, and that the 2001 National Plan of Action for Women is currently being revised and updated. The Committee welcomes these initiatives and encourages the Government to continue to provide information on the measures taken or envisaged, in cooperation with the social partners, to promote equality of opportunity and treatment between men and women in employment and occupation, and the results achieved. It requests the Government to provide information in its next report on the specific measures taken or envisaged, and the results achieved, including by the Gender Bureau, with respect to the following: the promotion of upward employment mobility of women and their access to a wider range of sectors and occupations; the prohibition and prevention of sexual harassment in the workplace, particularly in the plantations sector; and the improvement of working conditions in the EPZs, where the majority of the workers are women. Please provide a copy of the new National Plan of Action for Women, once adopted.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It also notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 20 February 2003. The Committee will consider the communication together with the Government’s next report and any observation the Government may wish to make in that regard at its next session. The Committee hopes that the report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as relevant part as follows:

1. The Committee notes that most of the provisions relevant to protection against discrimination are in the Constitution, which provides guidance for protection but which usually cannot be invoked directly by persons requiring protection against discrimination. It notes further that there is no general provision in legislation relating to employment in the private sector which provides protection against discrimination.

2. The Committee notes that article 9 of the Constitution provides that Buddha Sasana shall have the foremost place. It notes that article 10 contains protection of freedom of religion; and that article 12 provides for non discrimination on a number of grounds, including religion, but does not appear to cover employment and occupation. Please indicate whether according the "foremost place" to Buddha Sasana has any effect on the right of non-Buddhists to non-discrimination on the basis of religion in employment and occupation.

3. The Committee notes that section 12(2) of the Constitution provides protection against discrimination only for citizens. The Committee also notes the concern raised by the United Nations Committee on the Elimination of Racial Discrimination in 2001 that a large number of Indian Tamils and their descendants have still not been granted citizenship, and that, as a result, many of them continue to be stateless. The Committee therefore requests the Government to indicate how protection against discrimination on the grounds laid down in the Convention is provided to non-citizens. Please also indicate whether the Government has formulated a national policy to promote equality of opportunity and treatment on grounds of national extraction, covering Indian Tamils and members of other ethnic groups. Please indicate also what is the role of the Ministry of Justice, Ethnic Affairs and National Integration in implementing the Convention. In particular, the Committee would be grateful if the Government provides a copy of the strategy paper and the action agenda concerning the Ministry’s role and action, prepared by the Strategic Research Centre of the Ministry.

4. The Committee notes the National Workers’ Charter of 2 September 1995, and the Women’s Charter of 1993, which contain principles concerning promotion of the equality of women, and which cover workers in all economic sectors. The Committee notes that these two Charters provide that the State shall take all appropriate measures including the promulgation of legislation. Please indicate the legal status of these two Charters. Please also indicate what steps may have been taken towards adopting legislation incorporating the prohibition of discrimination and promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes that the Government’s report indicates that protection against discrimination in the public sector is provided by the Establishments Code, 1985. Please communicate a copy of this Code.

6. The Committee notes that the Government has prepared the National Plan of Action for Women in Sri Lanka - towards Gender Equality, in collaboration with non-governmental organizations (NGOs). Please communicate a copy of this plan, and of information and documents on the three-year development plan developed by the Ministry of Women’s Affairs. Please indicate how these plans are being implemented, and how the collaboration of employers’ and workers’ organizations has been sought.

7. Regarding vocational training, the Committee notes that the Tertiary and Vocational Education Act establishes the Tertiary and Vocational Education Commission in charge of the planning and coordination of vocational training. Please supply a copy of any development plan the Commission may have prepared, as well as information on progress in the implementation of the plan. Nothing that the specific guiding principle provided by the Act is the policy of eradication of illiteracy and the assurance of education, please indicate how these activities contribute to the objective of elimination of discrimination in employment and occupation.

8. The Committee notes that the Human Rights Commission of Sri Lanka may, on its own motion or on a complaint made to it, investigate an allegation of the infringement of fundamental rights of individuals, and can issue its recommendations. In this regard, the Committee requests the Government to supply any report that may have been issued on the activities of the Human Rights Commission of Sri Lanka, including information on cases filed before it and the Commission’s recommendations, in particular so far as they relate to employment and occupation.

9. The Committee notes that the Parliamentary Commissioner of Administration can also receive complaints on the violation of fundamental human rights and other injustices committed by public officers and local authorities. Please provide information on the activities of the Commissioner, including information on the types of complaints received and the Commissioner’s recommendations.

10. Noting the broad protection provided in legislation, such as provisions contained in the Employment of Women, Young Persons and Children Act or the Shops and Office Employees (Regulation of Employment and Remuneration) Act, which exclude or restrict access to certain kinds of employment, the Committee recalls that such measures should be proportional to the nature and scope of the protection needed. It therefore requests the Government to consider reviewing the protective provisions, in consultation with workers’ and employers’ representatives, in light of scientific and technological advances to determine whether they should be repealed, retained, or extended to male workers.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s first and second reports. It notes in particular that most of the provisions relevant to protection against discrimination are in the Constitution, which provides guidance for protection but which usually cannot be invoked directly by persons requiring protection against discrimination. It notes further that there is no general provision in legislation relating to employment in the private sector which provides protection against discrimination.

2. The Committee notes that article 9 of the Constitution provides that Buddha Sasana shall have the foremost place. It notes that article 10 contains protection of freedom of religion; and that article 12 provides for non discrimination on a number of grounds, including religion, but does not appear to cover employment and occupation. Please indicate whether according the "foremost place" to Buddha Sasana has any effect on the right of non-Buddhists to non-discrimination on the basis of religion in employment and occupation.

3. The Committee notes that section 12(2) of the Constitution provides protection against discrimination only for citizens. The Committee also notes the concern raised by the United Nations Committee on the Elimination of Racial Discrimination in 2001 that a large number of Indian Tamils and their descendants have still not been granted citizenship, and that, as a result, many of them continue to be stateless. The Committee therefore requests the Government to indicate how protection against discrimination on the grounds laid down in the Convention is provided to non-citizens. Please also indicate whether the Government has formulated a national policy to promote equality of opportunity and treatment on grounds of national extraction, covering Indian Tamils and members of other ethnic groups. Please indicate also what is the role of the Ministry of Justice, Ethnic Affairs and National Integration in implementing the Convention. In particular, the Committee would be grateful if the Government provides a copy of the strategy paper and the action agenda concerning the Ministry’s role and action, prepared by the Strategic Research Centre of the Ministry.

4. The Committee notes the National Workers’ Charter of 2 September 1995, and the Women’s Charter of 1993, which contain principles concerning promotion of the equality of women, and which cover workers in all economic sectors. The Committee notes that these two Charters provide that the State shall take all appropriate measures including the promulgation of legislation. Please indicate the legal status of these two Charters. Please also indicate what steps may have been taken towards adopting legislation incorporating the prohibition of discrimination and promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes that the Government’s report indicates that protection against discrimination in the public sector is provided by the Establishments Code, 1985. Please communicate a copy of this Code.

6. The Committee notes that the Government has prepared the National Plan of Action for Women in Sri Lanka - towards Gender Equality, in collaboration with non-governmental organizations (NGOs). Pleasecommunicate a copy of this plan, and of information and documents on the three-year development plan developed by the Ministry of Women’s Affairs. Please indicate how these plans are being implemented, and how the collaboration of employers’ and workers’ organizations has been sought.

7. Regarding vocational training, the Committee notes that the Tertiary and Vocational Education Act establishes the Tertiary and Vocational Education Commission in charge of the planning and coordination of vocational training. Please supply a copy of any development plan the Commission may have prepared, as well as information on progress in the implementation of the plan. Nothing that the specific guiding principle provided by the Act is the policy of eradication of illiteracy and the assurance of education, please indicate how these activities contribute to the objective of elimination of discrimination in employment and occupation.

8. The Committee notes that the Human Rights Commission of Sri Lanka may, on its own motion or on a complaint made to it, investigate an allegation of the infringement of fundamental rights of individuals, and can issue its recommendations. In this regard, the Committee requests the Government to supply any report that may have been issued on the activities of the Human Rights Commission of Sri Lanka, including information on cases filed before it and the Commission’s recommendations, in particular so far as they relate to employment and occupation.

9. The Committee notes that the Parliamentary Commissioner of Administration can also receive complaints on the violation of fundamental human rights and other injustices committed by public officers and local authorities. Please provide information on the activities of the Commissioner, including information on the types of complaints received and the Commissioner’s recommendations.

10. Noting the broad protection provided in legislation, such as provisions contained in the Employment of Women, Young Persons and Children Act or the Shops and Office Employees (Regulation of Employment and Remuneration) Act, which exclude or restrict access to certain kinds of employment, the Committee recalls that such measures should be proportional to the nature and scope of the protection needed. It therefore requests the Government to consider reviewing the protective provisions, in consultation with workers’ and employers’ representatives, in light of scientific and technological advances to determine whether they should be repealed, retained, or extended to male workers.

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