- EU report touches on SL’s challenges and developments in labour rights, the environment, and good governance in the context of Covid-19 and the econ. crisis
Although Sri Lanka has made considerable progress, both in terms of domestic and international requirements concerning certain areas of labour rights, the environment, and good governance, when it comes to the obligations that the country is expected to fulfil under the Generalised Scheme of Preferences Plus (GSP+) trade concession, there is more to achieve than what the country has achieved.
During the 2020-2022 (last year) period, which saw significant and challenging events such as the Covid-19 pandemic and the economic crisis, the country has shown both positive and negative developments, especially with regard to human rights.
This situation was explained by the European Union (EU) in a European Commission joint staff working document titled “The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of Sri Lanka covering the period 2020-2022” (the first report, which is hereinafter referred to as “the report”), which was accompanied by the “Joint Report to the European Parliament and the Council on the GSP+ covering the period 2020-2022”, and which were published last week. The report evaluated Sri Lanka’s compliance with a number of international conventions which are of concern when it comes to the GSP+.
Labour rights
The report said that when it comes to labour rights, Sri Lanka has registered incremental progress during the reporting period, recognising that the country took action on eliminating child labour by aligning the minimum age of work with the upper age of compulsory education at 16 years in 2020 and expanding the list of hazardous jobs prohibited for persons below 18 years in 2021. These measures are in line with the Government’s pledge to eliminate child labour fully by 2025, and were positively assessed by international organisations.
On the other hand, the report added, child labour still remains a concern with reported activity in agriculture, fisheries, tourism, and the informal economy, while the ongoing economic and financial crisis on top of distress caused by Covid-19 has increased school dropouts, which may increase the risk of child labour.
It explained: “Sri Lanka has made some progress in the implementation and enforcement of the freedom of association and collective bargaining rights. It has strengthened enforcement capacities of labour inspection services and continued awareness-raising campaigns for workers and employers.
“However, a significant number of reports of anti-union practices impeded social dialogue and other challenges continue across different sectors in the economy, while many outstanding issues observed by the International Labour Organisation (ILO) Committee of Experts on the Application of Conventions and Recommendations (CEACR) persist. Often, these had been raised to Sri Lankan authorities in CEACR reports for many years, including the last report of February 2023.
“National legislation, particularly the Industrial Disputes Act and Trade Union Ordinance, remains in need of further alignment with ILO Conventions, Numbers 87 (Freedom of association and protection of the right to organise) and 98 (Application of the principles of the right to organise and to bargain collectively).”
The report also paid attention to policies aimed at supporting gender equality, equal work and training opportunities for females, and eradicating gender-based violence. Adding that these policies have been adopted since 2015, the report said, however, that Sri Lankan legislation remains out of step with ILO Conventions Nos. 100 (Equal remuneration) and 111 (Discrimination [Employment and occupation]) with regard to the principles of equal pay for work of equal value and the list of all grounds of discrimination. The report expressed concerns that while the country’s Constitution includes provisions against discrimination, a legislation covering all grounds for discrimination in line with ILO Convention No. 111 is planned but not yet adopted.
In the wake of the Covid-19 pandemic, it added, gaps between males and females in labour force participation and unemployment rates have widened, while significant further efforts are needed for female labour market participation and access to better paid jobs. Similarly, legislation reserving 3% of jobs in the public sector for persons with disabilities needs to be implemented, as per the report.
Explaining that the country has made efforts to protect its sizeable outward migrant worker population through 18 active memoranda of understanding with recipient countries, it was noted: “Avoiding the risk of the imposition of compulsory labour is ever more crucial in view of the unprecedented economic and financial crisis, high inflation, and rising cost of living, while the Government is proactively encouraging outward migration.”
The report pointed out that Sri Lanka has, however, continued making headway in the elimination of forced labour, becoming the second country in Asia – in 2019 – to ratify the 2014 Protocol to the ILO Forced Labour Convention, No. 29. It added that gaps in both legislation and implementation still remain, particularly given the ILO’s concerns as to whether some aspects of the existing national legislation may effectively amount to the imposition of compulsory labour.
Environment and culture
Regarding the status of the environment and culture in the period in question, adding that Sri Lanka is considered one of the world’s 34 biodiversity hotspots which is extremely vulnerable to the impact of climate change, the report said that the country has made commendable efforts on upholding its commitments across environmental conventions, although not commensurate with the risks it faces.
“There is a risk that the current economic and financial crisis could undermine the gains made on environment protection and addressing climate change. While the country only partially fulfils reporting obligations overall, it is well on track as regard to its obligations under the Montreal Protocol.
“Sri Lanka’s domestic legislation still needs to be aligned with the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) obligations. Nonetheless, in 2021, the country became the first ever to roll out an electronic permit system designed to control the legal trade in CITES-listed species and help prevent illegal trade.”
Good governance
With regard to good governance, the EU expressed concerns. The report stressed that while Sri Lanka has several anti-corruption institutions, the perception of impunity has continued.
“Anti-corruption enforcement was a key request of protestors in 2022. The record of Sri Lanka’s primary anti-corruption institution, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has been mixed, with some positive steps on awareness-raising and training efforts, but an uneven rate of success in reaching convictions following investigations upon the CIABOC’s recommendations during the period.
“Although a comprehensive anti-corruption strategy was developed (the National Anti-Corruption Strategy 2019-2023), the 20th Amendment to the Constitution – passed in 2020 – abolished the National Procurement Commission and the National Audit Commission, and also weakened the CIABOC. The 21st Amendment to the Constitution restored the authority and powers of the CIABOC and re-established the National Procurement Commission and the National Audit Commission.
“Anti-corruption enforcement continues to be strained by inefficient coordination between institutions and the perception that anti-corruption investigations are politically targeted. A new Anti-Corruption Act (No. 9 of 2023), passed in Parliament in July 2023, aims to enhance transparency in governance and to give effect to obligations under the United Nations (UN) Convention against Corruption (CAC) and contains a number of improvements as compared to previous anti-corruption legislation. At the same time, it is important to ensure that certain provisions of the law do not discourage citizens willing to report cases of corruption.”
Despite not being a major producer or considered a transit country for illicit drugs, the report pointed out that Sri Lanka has an increasing drug problem due to the inward smuggling of mostly cannabis and heroin for domestic use. It further acknowledged that the country has continued stepping up its activities aimed at fighting the growing supply of – and demand for – illicit substances, mainly through law enforcement capacity-building, awareness programmes for prevention, and the increased volume of successful drug seizures. However, Sri Lanka’s cooperation with the International Narcotics Control Board (INCB) has decreased in recent years, although Sri Lanka has played an increasingly active role in regional cooperation.
Prison admissions and death sentences for drug offences are on the rise, while prevention and treatment capacities of the National Dangerous Drug Control Board are limited. In addition, the report explained that while there has been a de facto moratorium on executions since 1976, the sustained imposition of death sentences for drug offences remains problematic. While efforts to adopt health-based approaches to drug abuse are notable, compulsory entry in rehabilitation programmes is problematic, and the new Bureau of Rehabilitation Act raises concerns about its compatibility with international human rights standards, according to the report.
Status of ratification
With regard to ratification and reporting, the report’s assessment was that although Sri Lanka has maintained the ratification of the 27 GSP+ relevant conventions, to date, the country has overdue reports for the UN Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT report due in 2020) and the Convention on the Elimination of All Forms of Racial Discrimination (CERD – due in 2019), as well as under some of the environmental conventions.
Compliance with obligations
The report discussed extensively various aspects of Sri Lanka’s compliance with GSP+ obligations. Among them were several UN human rights conventions, namely, the CERD; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social, and Cultural Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the CAT; and the Convention on the Rights of the Child.
Further, the report noted that both positive and negative elements could be observed during the monitoring cycle with regard to the human rights situation in Sri Lanka. Adding that Sri Lankan civil society has shown resilience and that the “Aragalaya” protest movement (the public movement to overthrow the Government led by then-President Gotabaya Rajapaksa) in 2022 saw the participation of protesters and activists from diverse backgrounds, it said that the “treatment of minorities remains a concern, in particular as efforts towards reconciliation are slow, and that the 1979 Prevention of Terrorism (Temporary Provisions) Act (PTA) continues to be applied – including after the protest movements in 2022 – causing fear amongst the population and suffocating dissent”. Substantial reform or repeal of the PTA in line with human rights standards remains a priority, just as Sri Lanka’s need to re-commit to reconciliation and accountability, according to the report.
Moreover, other challenges remain in tackling hate crimes; allegations of torture under police detention; decriminalising same-sex relations; fighting discrimination against lesbian, gay, bisexual, transgender, intersex, and questioning/queer persons; fighting inequality between males and females; domestic violence; and child abuse.
Several ILO labour rights conventions were also part of the report’s assessments. They were Conventions Nos. 87 and 98, the Abolition of Forced Labour (Conventions Nos. 29 and 105), the Minimum Age for Work and Worst Forms of Child Labour (Conventions Nos. 138 and 182), and Conventions Nos. 100 and 111. In this regard, it was highlighted that both the legal and practical application of the rights to freedom of association and collective bargaining in Sri Lanka require further work through genuine social dialogue between the Government, employers, and workers and a regular and inclusive tripartite consultation.
Priority steps include the strengthening of the National Labour Advisory Council, amendments to legislations such as the Industrial Disputes Act and Trade Union Ordinance in line with ILO Conventions Nos. 87 and 98, as well as addressing anti-union discrimination practices, including in export-processing zones. While progress on forced labour has been notable, particularly for outward migrant workers, further action is needed to align domestic legislation with Conventions Nos. 29 and No. 105, including closing gaps in legislation that could potentially be used to impose compulsory labour based on the recommendation of the CEACR.
“Progress on eliminating child labour in Sri Lanka is commendable and must be sustained. Sectors at risk of child labour and its worst forms such as tea estates and tourism need to receive particular attention. Sri Lanka should establish labour anti-discrimination legislation covering the principles included in Convention No. 111 (race, colour, sex, religion, political opinion, national extraction, and social origin) while ensuring adequate penalties for transgressors”.
Among the few UN conventions on environmental protection and climate change that Sri Lanka’s compliance was evaluated were the CITES, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, the Stockholm Convention on Persistent Organic Pollutants, the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, and conventions on climate change and the protection of the ozone layer.
Observing that Sri Lanka has made significant efforts to implement the GSP+ environmental conventions, the report said that given Sri Lanka’s vulnerability to climate change and threats to its vibrant biodiversity, the country would greatly benefit from better engagement with the convention bodies and needs to improve coordination, governance, and compliance with the reporting obligations of all the relevant environmental conventions.
Moreover, UN conventions on good governance were also a part of the report, and included international drug-control conventions, and the UNCAC. In this regard, the report added that efforts to stem the increasing drug problem by the Sri Lankan authorities have been significant, although more balance can be pursued between the current focus on law enforcement and punitive criminalisation, notably through improved prevention and rehabilitation capacities.
The report recommended that given Sri Lanka’s commitment to the moratorium on the death penalty and in line with the INCB recommendations, the death penalty for drug offences should be abolished and such sentences already handed down effectively commuted. The EU further said in the report that key priorities include the revived implementation of the National Anti-Corruption Strategy 2019-2023, following the commitments to and procedures of the Open Government Partnership, as well as the de-politicisation and capacity-building of anti-corruption institutions.