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

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

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.