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

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

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.