Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Sri Lanka (Ratification: 1998)

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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.