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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sri Lanka (Ratification: 1998)

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to ensure equality of opportunity and treatment for all women in relation to employment and occupation, has been withdrawn.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.