JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri Lanka covering the period 2016 - 2017 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2016 - 2017
Date: 2018-01-19
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Sri Lanka, common commercial policy, environmental protection, generalised preferences, governance, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 19.1.2018  SWD(2018) 31 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri Lanka covering the period 2016 - 2017 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2016 - 2017 {COM(2018) 36 final} - {SWD(2018) 23 final} - {SWD(2018) 24 final} - {SWD(2018) 25 final} - {SWD(2018) 26 final} - {SWD(2018) 27 final} - {SWD(2018) 28 final} - {SWD(2018) 29 final} - {SWD(2018) 30 final} - {SWD(2018) 32 final}  
 
 
Sri Lanka GSP+ Assessment  

1.  Country Overview 

Sri  Lanka  is  a  multi-ethnic  and  multi-religious  nation  with  a  population  of  21  million. 
Longstanding  tensions  between  the  majority  Sinhalese  and  minority  Tamil  communities 
spiralled into a civil war from 1983 to 2009. Since the end of the civil war in 2009, little was 
done  to  tackle  the  causes  of  the  conflict  and  address  grievances  between  communities.  The 
election of Maithripala Sirisena as President in January 2015 was a turning point, reflecting a 
desire for change, and led to the formation of a National Unity Government in August 2015 
on the basis of an agenda of good governance and national reconciliation. 

The Government embarked on an ambitious reform agenda, recalibrated its foreign policy to 
re-engage  with  the  wider  international  community,  instituted  significant  improvements  in 
fundamental  freedoms,  and  committed  to  the  development  of  a  sustainable  macroeconomic 
strategy. The Government set out a programme of major reforms to address reconciliation and 
accountability, democracy, the rule of law, better governance and economic development. 

Sri Lanka has re-engaged with the international community and made a series of impressive 
commitments to national reconciliation, as articulated in its co-sponsorship of Human Rights 
Council Resolution 30/1 (2015) on promoting reconciliation, accountability and human rights 
in Sri Lanka. The Government has issued a standing invitation to all UN special procedures 
and several have visited the country. EU-Sri Lanka relations have also been rejuvenated and 
regular  dialogue  takes  place  under  the  1995  Cooperation  Agreement,  including  annual 
meetings of the Joint Commission and its working groups. This includes the Working Group 
on Governance, Rule of Law, and Human Rights, which has already met twice. It is the first 
time a Sri Lankan Government has entered into human rights dialogue with the EU. 

Two  years  on,  the  Sirisena-Wickremesinghe  National  Unity  Government  is  struggling  to 
deliver  on  all  aspects  of  its  far-reaching  reform  agenda.  In  particular  in  the  former  conflict 
areas,  there  is  disappointment  over  the  slow  progress  in  implementing  UNHRC  resolution 
30/1. As stated in the February 2017 report by the Office of the UN High Commissioner for 
Human  Rights,  overall,  some  progress  has  been  made  in  the  human  rights  situation  in  Sri 
Lanka, but many of the reforms the Government has committed to have stalled or sufficient 
progress was not made. There has been insufficient progress on a number of major issues such 
as the continued use of torture, the repeal of the Prevention of Terrorism Act (PTA) and its 
replacement with counter-terrorism legislation that is in line with international standards, the 
amendment of the Code of Criminal Procedure to include the right of detainees to immediate 
access to legal counsel, the return of land occupied by the military, and establishing the truth 
about the fate of the missing and disappeared persons during the civil war and its aftermath. 

GSP+ preferences for Sri Lanka were withdrawn in 2010 due to significant shortcomings in 
the  country's  implementation  of  three  UN  human  rights  conventions.  Sri  Lanka  was 
readmitted  to  GSP+  as  from  19  May  2017.  Sri  Lanka's  reporting  period  for  the  purpose  of 
Regulation 978/2012 therefore covers less than 6 months. In order to adequately present the 
issues, relevant developments during the period of 2016-2017 are reflected.  

A GSP+ monitoring mission took place in Sri Lanka from 5 to 13 September 2017, including 
a visit to Jaffna, capital of the Northern Province. 

1 

 
2.  Compliance with GSP+ Obligations 

2.1.  UN Human Rights Conventions (Conventions 1-7) 

Status of ratification and reporting 

Sri  Lanka  maintains  ratification  of  all  conventions  and  is  up-to-date  with  its  reporting 
obligations under the relevant UN human rights conventions. The next country report under 
CCPR is due on 31 October 2017. Sri Lanka underwent its 3rd Universal Periodic Review on 
16  November  2017,  where  delegations  raised  concerns  about  the  lack  of  implementation  of 
Human  Rights  Council Resolution  30/1  and  called  for  the  swift  establishment,  according  to 
clear timelines and benchmarks, of the other truth and reconciliation mechanisms foreseen in 
Resolution 30/1, operationalisation of the Office of Missing Persons, repeal of the Prevention 
of  Terrorism  Act  and  abolishment  of  the  death  penalty.  Sri  Lanka  received  230 
recommendations, of which 177 have been accepted and 53 noted. 

Status of implementation of the conventions 

The election of the National Unity Government in 2015 resulted in a significant opening up of 
democratic  and  civil  society  space.  A  Right  to  Information  (RTI)  law  covering  all  public 
authorities  came  into  force  in  February  2017.  One  of  the  first  measures  of  the  new 
Government  was  the  19th  Constitutional  Amendment  which  led  to  the  reappointment  and 
strengthening of independent oversight commissions, such as the Human Rights Commission 
of Sri Lanka (HRCSL). 

The HRCSL has an important role to play on promoting and protecting human rights. Whilst 
it appears to be provided with the necessary financial, physical and human resources, it is not 
systematically consulted by the Government on draft legislation within the HRCSL's remit. 

A  National  Action  Plan  for  the  Promotion  and  Protection  of  Human  Rights  2017-2022  has 
been prepared but remains to be approved. 

A process of constitutional reform started in January 2016, which looks at extensive and deep 
reform, including internal governance, electoral reform and a Bill of Rights. A wide-ranging 
public  consultation  has  taken  place  and  the  Interim  Report  on  the  new  Constitution  was 
published on 21 September 2017. Constitutional reform can play a critical role in addressing 
systemic  deficiencies  and  inadequate  safeguards,  which  have  facilitated  past  violations  of 
human rights. 
The Government has established the National GSP+ Monitoring Mechanism, chaired by the 
Permanent Secretary of the Prime Minister's Office (PMO). It has the task of coordinating the 
implementation  of  the  international  conventions  and  responses  in  the  context  of  the  EU's 
GSP+ monitoring. 

International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination (CERD) 

In  August  2016,  the  Committee  on  the  Elimination  of  Racial  Discrimination  considered  the 
combined  10th  to  17th  periodic  reports  of  Sri  Lanka,  submitted  in  one  document.  It  was  the 
first  time  in  15  years  that  the  Committee  considered  a  periodic  report  of  Sri  Lanka.  The 
Committee welcomed the adoption of legislation to establish the Office on Missing Persons, 
the steps taken to advance Sri Lanka's commitments through the co-sponsorship of the Human 
Rights  Council  Resolution  30/1  of  2015,  the  issuing  of  a  standing  invitation  to  special 
procedure mandate holders and recent facilitation of visits by mandate holders, the adoption 
of  a  trilingual  policy  in  2012  (10-year  national  plan  for  a  trilingual  Sri  Lanka),  efforts  to 

2 

 
ensure  public  sector  employees  speak  both  Sinhala  and  Tamil,  the  adoption  of  the  National 
Plan of Action for the Promotion and Protection of Human Rights 2011-2016 and the current 
consultations  on  the  National  Human  Rights  Action  Plan  for  2017-2021.  The  Government 
also approved a National Policy on Reconciliation and Coexistence in May 2017. 

The  Committee  was  concerned  about  reports  of  hate  speech,  incitement  to  violence  and 
violent attacks, including riots, against minority groups and religious communities for which 
there seemed to be impunity as well as a lack of accountability. The Government informed the 
Committee that a statement was issued by the Cabinet of Ministers on combating hate speech 
and  related  activities,  and  that  a  police  circular  was  issued  on  initiating  and  expediting 
investigations into incidents affecting religious harmony.  

The  Committee  was  concerned  about  the  difficulties  faced  by  minority  groups  in  freely 
practising  their  right  to  freedom  of  religion.  The  Government  has  established  an  Inter-
Religious  Council  to  mediate  between  different  religious  and  belief  communities  and  to 
promote  peaceful  relations.  The  Committee  also  expressed  concerns  about  the  respective 
situations of Tamils of Indian origin, Adivasi people, internally displaced people, and minority 
women in war-affected areas, and recommended measures to address the challenges faced by 
these groups. 

Though  the  situation  has  shown  marked  improvement  since  the  end  of  the  civil  war,  the 
economy in the affected areas, particularly the Northern Province, has been slow to recover. 
People  living  in  former  conflict  areas  continue  to  face  difficulties  with  employment  and 
effective access to public services. The Government has offered tax holidays to investors in 
these  areas,  but  those  incentives  have  not  attracted  significant  capital  investment.  Investors 
report  significant  bureaucratic  challenges  in  obtaining  the  necessary  business  permits. 
Problems are also related to the release of land that is still occupied by the military, as well as 
commercial  activities  of  the  military  which  crowd  out  local  business  and  livelihood 
opportunities. 

The Government has established a Ministry of Hill Country New Villages, Infrastructure and 
Community  Development,  and  introduced  a  new  National  Plan  of  Action  on  Social 
Development of the Plantation Community (2016-2020). The Government has committed to 
provide  title  deeds  for  ownership  of  seven  perches  of  land  per  household,  and  built  50,000 
houses over five years. The Cabinet approved a Policy on Durable Solutions for the Displaced 
and Persons Affected by Conflict Displacement in August 2016. 

The  report  by  the  Special  Rapporteur  on  minority  issues  (January  2017)  recommended  that 
the Government establishes an independent commission on minorities under the Constitution 
in addition to specific policy interventions to address the needs of different minority groups, 
based on accurate and disaggregated data. 

International Covenant on Civil and Political Rights (CCPR) 

The  most  recent  review  by  the  Human  Rights  Committee  (HRC)  dates  back  to  November 
2014. Sri Lanka's next country report was due on 31 October 2017. The HRC raised concerns 
related to, inter alia, the 18th Constitutional amendment, the Prevention of Terrorism Act, the 
situation of former combatants, enforced disappearances, torture and ill-treatment, freedom of 
expression  and  freedom  of  assembly  and  association  in  particular  as  concerns  the  Tamil 
minority. In its concluding observations on 27 January 2017, the Committee against Torture 
also  expressed  serious  concern  in  relation  to  the  Prevention  of  Terrorism  Act,  enforced 
disappearances as well as fundamental legal safeguards. 

3 

 
Building on the recommendations of the reports of the High Commissioner and the OHCHR 
Investigation on Sri Lanka, the Government co-sponsored Human Rights Council Resolution 
30/1  (2015)  with  recommendations  on  the  judicial  and  non-judicial  measures  necessary  to 
advance  accountability  and  reconciliation.  The  resolution  contains  commitments  by  the 
Government  to  confront  the  past,  end  impunity,  ensure  justice,  achieve  reconciliation,  and 
prevent  the  recurrence  of  human  rights  violations.  In  March  2017,  Sri  Lanka  was  given  a 
further two years to implement the resolution.  

In line with the Human Rights Committee's concluding observations, Sri Lanka repealed the 
18th Amendment to the Constitution, and on 28 April 2015, passed the 19th Amendment to the 
Constitution.  The  19th  Amendment  re-established  a  Constitutional  Council  which  led  to  the 
reappointment  and  strengthening  of  independent  oversight  commissions,  including  the 
Elections Commission, the Public Service Commission, the National Police Commission, the 
Human Rights Commission of Sri Lanka, and the Commission to Investigate Allegations of 
Bribery or Corruption. The 19th Amendment also reintroduced a two-term limit on the office 
of the President.  

The  Prevention  of  Terrorism  Act  (PTA)  is  seen  by  many  as  legislation  that  permits  human 
rights abuses and one that has disproportionately been used against minorities. The PTA has 
many problematic issues such as the definition of terrorism, administrative detention resulting 
in  people  being  held  for  up  to  15  years  without  legal  due  process,  the  permissibility  of 
confessions  often  extracted  through  torture,  prompt  access  to  a  lawyer,  and  the  right  to 
challenge the legality of detention. The lack of adequate legal safeguards under the PTA, such 
as access to a lawyer and confessions, is also an issue under normal criminal investigations. 
The  Government  has  started  a  process  of  repealing  and  replacing  the  PTA  with  a  Counter-
Terrorism  Act  (CTA),  and  stated  its  commitment  to  ensure  that  the  CTA  is  in  line  with 
international human rights  law including  CCPR  and  CAT. The process of drafting the legal 
framework for the CTA has been criticised by civil society for not being transparent and is an 
example  of  legislation  that  would  have  benefited  from  a  review  by  the  Human  Rights 
Commission of Sri Lanka. In his preliminary findings following his visit to Sri Lanka in July 
2017,  the  UN  Special  Rapporteur  on  the  promotion  and  protection  of  human  rights  and 
fundamental freedoms  while countering terrorism stated that the current version of  the draft 
CTA  legal  framework,  while  presenting  some  significant  improvements,  also  contained  a 
number of central flaws, many of which are related to the abovementioned fundamental legal 
safeguards.  

The Government has  also started a process of amending  the Code of Criminal  Procedure to 
ensure the right of detainees to have immediate access to a lawyer, which is also relevant for 
the  CTA  legal  framework.  An  amendment,  which  was  unsatisfactory  in  complying  with 
international human rights norms, was tabled in Parliament in June 2017, but was challenged 
in court, and later withdrawn. 

According to the Government there are no persons in administrative detention under the PTA 
as of 9 March 2017, and of the 91 persons still detained under the PTA, 77 are facing trial and 
21  are  in  remand  custody  awaiting  a  final  decision  to  be  indicted  or  released.  While  some 
persons were arrested under the PTA in 2016, this has, according to the Government, not been 
the case in 2017.  

Clarifying the fate of thousands of missing persons, most of whom went missing during and 
immediately  after  the  end  of  the  civil  war,  is  also  an  essential  element  in  truth-seeking, 
reconciliation and accountability. The Office on Missing Persons (OMP) Act was adopted by 

4 

 
Parliament on 11 August 2016. It was the first law on Sri Lanka's commitment to transitional 
justice.  The  OMP  became  operational  on  15  September  2017.  Sri  Lanka  has  ratified  the 
International Convention for the Protection of All Persons from Enforced Disappearance and 
has introduced a Bill in Parliament to incorporate it into national legislation. The Bill has been 
scheduled  twice  for  approval  by  the  Parliament,  but  was  postponed  on  both  occasions,  the 
latest on 21 October 2017.  

Freedom  of  expression  improved  notably  after  the  January  2015  Presidential  elections. 
Censorship in the form of website blocking was rolled back, and media self-censorship went 
down.  Freedom  of  movement  for  journalists  improved.  Threats  against  journalists  have 
diminished, although some incidents were reported in 2016 and 2017. Moves to introduce a 
Media Standards Act and to establish an Independent Council to monitor the implementation 
of  that  Act  are  of  concern.  According  to  the  draft  law,  the  Supreme  Court  can  order  a 
journalist to reveal sources on grounds of national security. There are also reports of incidents 
of surveillance and harassment of civil society actors and human rights defenders, particularly 
in the North, including people protesting about land returns and missing persons.  

Sri Lanka voted in favour of the UN General Assembly resolution on a universal moratorium 
on the death penalty in 2016, and is a  de facto abolitionist state, although the death penalty 
remains in the statute books and death sentence convictions continue. 

International Covenant on Economic, Social and Cultural Rights (CESCR) 

In June 2017, the Committee on Economic, Social and Cultural Rights considered Sri Lanka's 
5th  periodic  report.  The  Committee  welcomed  efforts  to  promote  the  implementation  of 
economic, social and cultural rights, including the successive National Human Rights Action 
Plans  covering  the  periods  of  2011-2016  and  2017-2021,  the  National  Policy  on  Durable 
Solutions  for  Conflict-Affected  Displacement  in  2016,  the  establishment  of  the  Ministry  of 
Hill  Country  New  Villages,  Infrastructure  and  Community  Development  in  2015,  and  the 
decision to sing the national anthem in Sinhala and Tamil on Independence Day for the first 
time since the early 1950s. The Committee recommended expediting the constitutional reform 
process,  including  the  adoption  of  a  comprehensive  Bill  of  Rights  that  fully  incorporates 
economic, social, and cultural rights. 

Sri  Lanka  has  achieved,  although  with  regional  disparities,  most  Millennium  Development 
Goals  (MDGs),  particularly  with  regard  to  poverty  reduction,  health,  and  environmental 
sustainability.  Primary  school  coverage  is  nearly  universal,  while  secondary  and  tertiary 
enrolment  has  substantially  increased.  Maternal  and  infant  mortality  rates  are  at  very  low 
levels  and  life  expectancy  is  at  74  years.  Sri  Lanka  was  ranked  73rd  in  the  Human 
Development Index in 2015. 

Land  release  is  a  key  issue  for  reconciliation  and  long-term  peacebuilding  efforts.  The 
Committee  expressed  concerns  that,  although  significant  areas  of  land  have  been  released 
since 2015, the military still controls substantial areas of private and state land in the North 
and East and continues to engage in commercial activities deriving from control of this land. 
While  the  military  continues  to  release  land,  it  is  yet  to  present  a  release  plan  with 
benchmarks and timelines. According to the Government, land release from 1 January 2017 to 
31  August  2017  by  all  branches  of  the  military  in  the  Northern  and  Eastern  Provinces 
amounted  to  4,894  acres,  most  of  which  is  state-owned  land,  bringing  the  total  of  land 
released since May 2009 to 81,908 acres (of which 70% is state-owned).  

5 

 
 
The Committee expressed concerns that a comprehensive anti-discrimination law has not yet 
been  adopted  and  also  recommended  that  Sri  Lanka  amends  the  Penal Code  with  a  view  to 
decriminalizing consensual same-sex conduct. 

Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) 

In  February  2017,  the  Committee  on  the  Elimination  of  Discrimination  against  Women 
considered  the  8th  report  of  Sri  Lanka.  It  welcomed  positive  developments,  including:  the 
Amendment  of  the  Local  Government  Elections  Act  to  include  a  25%  quota  for  women 
elected in office in Local Government bodies; the finalisation of the National Human Rights 
Action Plan (2017-2021), which contains a separate chapter on the protection and promotion 
of women's rights; the adoption of the National Strategic Plan to Monitor and Combat Human 
Trafficking; and the adoption of the Policy Framework and National Plan of Action to address 
Sexual and Gender-Based Violence (2016-2020). 

Cabinet  has  approved  a  proposal  to  establish  an  Independent  National  Commission  on 
Women,  a  policy  on  Women-Headed  Households,  and  the  establishment  of  Gender 
Mainstreaming Programmes and Coordinating Officers in each Ministry (2017). 

The  Committee  remained  concerned  that  the  existing  domestic  legal  framework  is  not 
sufficiently comprehensive to ensure women's exercise of all rights enshrined in CEDAW and 
drew  attention  to  discriminatory  provisions  in  several  laws,  including  the  Muslim  Personal 
Law, Thesavalamai law, Kandyan Law, and the Land Development Ordinance. According to 
the  Committee,  the  legislation  contains  discriminatory  provisions  regulating  ownership, 
inheritance, transfer and disposal of land and property, as well as provisions regulating legal 
capacity,  marriage,  divorce,  and  child  custody.  The  Committee  was  also  concerned  that  the 
Muslim Marriage and Divorce Act (MMDA) did not specify a minimum age of marriage, and 
girls under 12 years were permitted to marry. 

The  minimum  age  for  marriage  in  Sri  Lanka  is  18  years  for  all  citizens.  However,  Article 
16(1)  in  the  Fundamental  Rights  chapter  of  the  1978  Constitution  provides  an  exception 
allowing  for  certain  communities  to  keep  their  laws,  such  as  the  MMDA.  Human  rights 
groups and women's groups argue that Article 16 needs to be abolished, and all women should 
be protected by the minimum age for marriage stipulated in the constitution. In October 2016, 
the Government appointed a new Committee to review the MMDA (a Committee was already 
in place in 2009, but did not submit any proposals to reform the MMDA). The Committee has 
recommended Sri Lanka to prepare a unified family code, guaranteeing equal rights for men 
and women and increasing the minimum age of marriage for all women to 18 years of age. 

The prevalence of violence against women is said to be high and widespread, cutting across 
class,  ethnicity,  and  religion,  but  is  drastically  underreported.  Proposals  to  strengthen  the 
Domestic  Violence  Act,  to  decriminalise  abortion,  and  to  allow  the  medical  termination  of 
pregnancies in specific circumstances have now reached the Prime Minister's office. 

In  order  to  promote  women's  participation  in  political  and  public  life,  the  Government 
amended  the  Local  Authorities  Election  Act  to  include  a  25%  quota  for  women  elected  to 
local  government  office,  while  a  similar  quota  for  women's  representation  in  parliament  is 
under discussion. The Government also approved, in 2016, a proposal to amend the Provincial 
Councils  Elections  Act  to  enact  a  (minimum)  25%  quota  for  women  on  political  parties’ 
nomination papers for each province. 

The  Committee  also  drew  attention  to  the  low  level  of  women's  participation  in  the  labour 
market and the high unemployment rate among women. 

6 

 
Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading 
Treatment or Punishment (CAT) 

In  November  2016,  the  Committee  against  Torture  considered  the  5th  periodic  report  of  Sri 
Lanka. The Committee welcomed the ratification of the Convention for the Protection of All 
Persons  from  Enforced  Disappearance,  other  legislative  and  normative  measures  previously 
mentioned in this report, and the standing invitation to the special procedures of the Human 
Rights Council. The Committee regretted that recommendations identified for follow-up had 
not  been  implemented,  namely  accountability  for  past  violations,  investigation  of  torture 
allegations, fundamental legal safeguards and forced confessions.  

The Committee expressed serious concern about consistent reports indicating that torture is a 
common practice in normal criminal investigations, as observed by the Special Rapporteur on 
torture following his visit to Sri Lanka in 2016. The Committee also expressed concern about 
several  instances  of  deaths  in  police  custody  under  suspicious  circumstances,  and  the 
insufficient  amount  of  compensation  awarded  by  the  Supreme  Court  to  victims  of  torture 
since 2011. The Ministry of Law and Order established a Committee to prevent torture and to 
monitor incidents, following the visit of the Special Rapporteur, in July 2016. This Committee 
requires police to forward monthly reports on cases of torture reported to the police, provides 
tools  and  mechanisms  to  enhance  capacities  for  scientific  investigation  to  prove  cases  of 
torture,  provides  suggestions  and  recommendations  to  improve  the  skills  of  investigation 
officers and oversees the implementation of a monitoring mechanism to prevent torture. The 
Government states that there is a 'zero tolerance' policy on the use of torture and the President, 
as  well  as  the  Commanders  of  the  different  armed  forces  have  issued  instructions  to  their 
personnel that strict actions will be taken against human rights violations, and that all persons 
detained  are  to  be  treated  humanely.  According  to  the  Government,  since  the  Committee 
issued its concluding observations, 41 police officers have been convicted for acts of torture 
(50 cases are pending) and 33 have faced disciplinary actions (100 cases pending). 

The Committee expressed serious concern about the failure to carry out an institutional reform 
of the security sector. The Committee was also deeply concerned that, according to numerous 
reports  from  the  UN  and  non-governmental  sources,  impunity  prevails  in  most  cases  of 
torture.  The  Committee  recommended  that  a  body  independent  of  the  police  hierarchy  be 
established  to  investigate  complaints  against  law  enforcement  officers.  According  to  the 
Human Rights Commission of Sri Lanka, it has access to places of detention and receives on 
average 350-400 complaints per year related to torture. Arrests under the PTA are reported to 
the  Commission  within  48  hours.  Furthermore,  according  to  the  Government,  the  National 
Police Commission, an independent body outside the police force, can receive and investigate 
complaints  from  the  public.  However,  greater  awareness  is  needed  regarding  this  redress 
possibility. 

There  have  recently  been  cases  in  which  the  judiciary  has  taken  more  resolute  action.  The 
Court  of  Appeal  Decision  condemning  incidents  of  torture  of  persons  in  police  custody  in 
Puttalam resulted in a police circular issued on 25 July 2017 to all police stations, divisions 
and  units.  This  circular  instructed  investigations  to  be  conducted  in  line  with  the  decision's 
guidelines, when a complaint of torture is received by the police. In June 2017, the Supreme 
Court  ordered  the  State  to  pay  a  total  of  Rs.  2  million  (approximately  EUR  11,400)  to  the 
parents of two men who disappeared while in custody of the Batticaloa police. The Court also 
ordered the officer-in-charge of the police station to pay a fine to the petitioners "for having 
failed  to  provide  equal  protection  of  the  law  to  their  missing  sons  who  were  subject  to 
torture".  

7 

 
 
 
The Committee expressed alarm at the preliminary assessment of the Special Rapporteur on 
torture  following  his  visit  to  Sri  Lanka  that  the  conditions  of  detention  in  prisons  and 
detention facilities, in particular those of the Terrorist Investigation Division, could amount to 
cruel, inhuman and degrading treatment. The Government plans to adopt new legislation on 
Prisons Administration; the draft Bill was approved by Cabinet in August 2016. A taskforce 
on Judicial Causes for Prison Overcrowding was to present its report to Parliament in March 
2017. In  a 2017 report on prison congestion, the Government  estimates the total  congestion 
percentage  to  be  153%  as  per  the  population  of  the  year  2015.  In  the  same  report,  the 
Government  recognizes  that  prison  congestion  is  an  obstacle  to  fulfilling  the  basic  human 
needs of detainees, and sets out its plans on prison relocation (new constructions), use of drug 
addict rehabilitation centres and strengthening the community-based correction systems. 

Convention on the Rights of the Child (CRC) 

The  latest  Concluding  Observations  on  Sri  Lanka's  implementation  of  the  Convention  date 
back to 2010. Sri Lanka submitted its 5th and 6th periodic country reports on 8 June 2016. 

Overall the Government is committed to the implementation of the CRC. The reform of the 
juvenile  justice  system  has  been  an  issue  of  longstanding  concern.  The  Government  has 
prepared a Children Judicial Protection Bill, which is currently being vetted by the Attorney-
General's office. The Bill provides for the best interests of the child to be given predominant 
consideration  in  all  matters  concerning  the  child,  and  defines  a  child  as  a  person  below  18 
years.  The  Bill  does  not  repeal  Part  III  of  the  Children  and  Young  Persons  Ordinance 
applicable to children in Remand Homes, Approved Schools and Certified Schools, thus not 
addressing systemic issues in juvenile justice.  

The Government has developed and adopted the National Plan of Action (NPA) for Children 
(2016-2021), which covers child protection, early childhood development, health, education, 
water  supply  and  sanitation  sector  plans  for  children,  including  monitoring  and  evaluation. 
However,  the  NPA  was  approved  by  the  Cabinet  without  any  reference  to  a  budget  for  its 
implementation.  Child  labour  was  considerably  reduced  from  12%  to  2%.  In  2016,  the 
Government  re-established  the  Monitoring  Committee  on  Children's  Rights  and  recently 
mapped child protection systems. Whilst the draft Children Judicial Protection Bill is not yet 
enacted, the judiciary, based on a Government decree, applies the age of 12 years for criminal 
responsibility. 

Ending  violence  against  children  is  high  on  the  national  agenda.  Sri  Lanka  launched  the 
National Partnership to End Violence against Children in Sri Lanka and, as a first step, set up 
a  Secretariat  to  oversee  the  establishment  and  management  of  the  National  Partnership 
through the Ministry of Women and Child Affairs. 

Sri  Lanka's  legislative  framework  on  child  trafficking  is  consistent  with  international 
standards, although law enforcement is weak. Sri Lanka is mainly a source country for forced 
labour and sex trafficking, and is on the Tier 2 watch list for the 4th consecutive year due to 
lack  of  overall  improvement  in  its  anti-trafficking  efforts.  In  2015,  more  than  12,000  child 
abuse  cases  were  recorded  by  the  National  Child  Protection  Authority  (NCPA).  There  is 
limited information on commercial sexual exploitation of children; data collection is ongoing 
in six districts as part of a study by the ILO at the request of the NCPA. 

8 

 
 
Future actions and priorities 

The  Government  is  working  towards  a  new  Constitution  which  it  expects  to  pass  in 
Parliament and, potentially, put to a referendum in 2018. Constitutional reform should offer 
the opportunity to address some of the root causes that led to the civil war and ensure that the 
rights  of  all  citizens  are  protected,  including  social,  cultural  and  economic  rights.  Since  Sri 
Lanka  has  finalised  its  National  Action  Plan  for  the  Promotion  and  Protection  of  Human 
Rights  2017-2022, 
the 
operationalisation  of  the  Office  on  Missing  Persons  (OMP),  the  Government  will  start 
establishing  some  of  the  other  mechanisms  recommended  in  the  report  of  the  Office  of  the 
High Commissioner for Human Rights, such as a Commission for truth, justice, reconciliation 
and non-recurrence, and the Office for Reparations. 

should  commence 

soon.  Following 

implementation 

its 

Conclusions 

Sri Lanka has made some progress on human rights in the past two years. It has restored the 

independence  of  key  oversight  institutions.  There  has  been  a  significant  opening  of 

democratic  and  civil  society  space.  A  process  of  constitutional  reform,  including  a  Bill  of 

Rights,  has  started,  and  action 

is  underway 

towards  accountability 

for  enforced 

disappearances.  A  national  human  rights  action  plan  has  been  prepared.  Furthermore, 

women will have a larger stake in local governments. A National Plan of Action for Children 

has been adopted, and reform of the juvenile justice system is being prepared.  

The  Government  is  engaged  with  the  UN  system.  With  the  co-sponsorship  of  UNHRC 

Resolution 30/1, Sri Lanka has made far-reaching commitments on promoting reconciliation, 

accountability  and  human  rights.  Nevertheless,  according  to  UN  reports,  relevant  reforms 

have  stalled  or  slowed  down  considerably.  Measures  taken  so  far  to  fulfil  Sri  Lanka's 

transitional  justice  commitments  have  brought  insufficient  progress,  including  bringing 

perpetrators of war crimes to justice and resolving longstanding 'emblematic cases'. 

The Government has to urgently deliver on a number of important reforms that are of direct 

relevance for the effective implementation of the human rights conventions listed in the GSP+ 

Regulation. The Prevention of Terrorism Act (PTA) must be repealed and if needed replaced 

by legislation  that is fully in line with international human rights law, including CCPR and 

CAT. The Code of Criminal Procedures Act needs to be amended to ensure fundamental legal 

safeguards.  The  Government  should  ensure  that  alleged  torture  by  the  police  and  security 

forces  comes  to  an  end,  that  perpetrators  are  brought  to  justice  and  that  its  policy  of  zero-

tolerance  to  the  use  of  torture  is  implemented.  This  is  essential  in  addressing  reports  of 

prevalent impunity in most cases of torture. 

9 

 
The  operationalisation  of  the  Office  on  Missing  Persons  (OMP)  is  welcome  and  should 

deliver  truth  and  accountability  to  the  families  of  those  that  disappeared  during  and  at  the 

end  of  the  armed  conflict.  The  OMP  needs  to  be  equiped  with  the  necessary  resources  and 

capabilities  to  fully  carry  out  its  functions  and  mandate.  Transposing  the  Convention  on 

Enforced  Disappearances  into  national  law  will  contribute  to  this  process.  Whilst  progress 

has been made in the return of land in the former conflict areas, the Government should speed 

up this process. 

The Government should, in line with recommendations from the UN Treaty Bodies, actively 

take  forward  the  Children  (Judicial  Protection)  Bill,  provisions  on  the  minimum  age  of 

marriage,  the  amendments  to  the  Land  Development  Ordinance  and  other  laws  that 

discriminate  against  women.  The  Government  should  take  steps  to  amend  laws  that 

discriminate against Sri Lankans from the LGBTIQ community. 

The  Government  should  increase  public  transparency  and  consultation  on  legislation  being 

prepared and in this respect, should pro-actively and consistently consult the Human Rights 

Commission  of  Sri  Lanka  on  all  draft  legislation  within  the  remit  of  the  Commission's 

mandate. 

2.2.  ILO Labour Rights Conventions (Conventions 8-15) 

Status of ratification and reporting 

Sri Lanka maintains the ratification of all eight ILO fundamental conventions relevant to the 
GSP+.  All  outstanding  reports  were  submitted  to  the  ILO  in  August  2017.  Nevertheless, 
efforts  should  be  sustained  to  improve  the  quality  and  speed  of  the  reporting,  including 
through strengthening of the administrative capacities of responsible bodies. 

Status of implementation of the conventions 

Sri  Lanka  has  a  relatively  small  labour  market  involving  8.3  million  economically  active 
persons, of whom 7.9 million are employed. Out of a population of over 16 million over the 
age  of  14,  this  reflects  a  low  labour  market  participation  rate  of  barely  over  50%.  An 
estimated 66% of all employed people engage in informal work. Informal sector workers are 
not covered by any wage board and thus only earn the new (and lower) nationwide minimum 
wage. Labour  market participation of women is  very low;  at 35.9%  it  is  significantly lower 
than  that  of  men  (75.1%).  Around  1.8  million  Sri  Lankans,  mainly  unskilled,  work  abroad, 
often in the Middle East. Remittances from migrant workers of about USD 7 billion per year 
make up the largest source of foreign exchange. 

Labour legislation has been consolidated in a labour code. A labour legislation gap analysis 
has  led  to  amendments  related  to  compensation  for  occupational  injuries,  use  of  contract 
workers, maternity benefits and night work for women. It is essential to sustain the efforts in 
addressing the remaining gaps, including with the social partners. Regarding key outstanding 
labour legislation shortcomings, there is a need to (1) ensure access to judicial complaints in 

10 

 
cases  of  anti-union  discrimination  and  unfair  union  practices,  in  particular  related  to  the 
exercise  of  strike,  (2)  ensure  the  collective  bargaining  mandate  in  cases  when  the  required 
representation threshold of 40% is not reached, and (3) align the minimum age for trade union 
membership with the minimum age for employment. 

A policy framework is in place for the elimination of child labour in Sri Lanka. The National 
Child  Protection  Authority  is  carrying  out  programmes  on  combating  sexual  exploitation  of 
children  in  tourism.  Legislative  and  non-legislative  measures  have  been  taken  to  improve 
gender  equality  in  employment.  Nevertheless,  the  protection  against  discrimination  is  only 
guaranteed  at  the  level  of  the  Constitution  and  should  cover  all  aspects  of  employment  and 
occupation. The Government has expressed the commitment to address this issue. 

Freedom of Association and Collective Bargaining (Conventions 87 and 98) 

Following  the  observations  made  by  the  ILO  Committee  of  Experts  on  the  Application  of 
Conventions  and  Recommendations  (CEACR),  Sri  Lanka  is  planning  to  address  the 
discrepancy between the minimum age for employment set at 14 years and the minimum age 
set  for  trade  union  membership  at  16  years.  Furthermore,  the  Government  is  committed  to 
increase the legal working age to 16 years to ensure consistency with the age for compulsory 
education, which was raised to 16 years in 2016. 

In  the  past,  the  CEACR  noted  difficulties  with  regard  to  the  exercise  of  workers'  rights  to 
organise  and  collective  bargaining,  and  access  of  labour  inspectors  to  Economic  Processing 
Zones (EPZs). Among the key observations was the need to take all the necessary measures to 
ensure a safe climate for the development of a free and independent trade union environment. 
There has been some progress in this regard. According to the Government, access of labour 
inspectors to EPZs is granted and capacity building is planned for industrial relations officers 
and police officers to better identify and manage the situations in cases of demonstrations and 
strikes. 

Further actions are also required to ensure adequate protection against the acts of anti-union 
discrimination.  The  CEACR  has  requested  Sri  Lanka  to  ensure  the  effectiveness  and 
expeditiousness  of  the  procedures  of  unfair  labour  practices,  which  encompass  the  acts  of 
anti-union discrimination, and to take the necessary measures to ensure that workers and trade 
unions can lodge a complaint before judicial courts. In addition, considering the backlogs in 
judicial processes, the use of out-of-court settlement mechanisms should be encouraged. The 
extent of the application of compulsory arbitration and limiting recourse to this mechanism, in 
line with the ILO conventions, need to be clarified. 

The CEACR found that the high minimum requirement for trade union representativeness of 
40% to negotiate collective agreements remained a concern. The CEARC recommended that 
in  case  where  such  a  share  of  representativeness  cannot  be  achieved,  trade  unions  should 
either be given the possibility of forming a grouping to achieve the required representation or 
to nevertheless negotiate on behalf of their members. These amendments are needed to secure 
and promote the full development and utilisation of collective bargaining. 

With ILO support, a gap analysis of labour legislation in relation to the ILO Conventions has 
been carried out. This has resulted in the National Labour Advisory Council, which works as 
a national tripartite consultative mechanism, to  propose amendments related to: (1) increase 
the  compensation  in  cases  of  occupational  injuries,  (2)  prohibit  contract  workers  for  core 
business, and (3) amend legislation on maternity benefits and night work for women with a 

11 

 
 
 
 
view to align with international conventions. It is essential to sustain the efforts in addressing 
the remaining gaps, including with the social partners. 

Abolition of Forced Labour (Conventions 29 and 105) 

National  legislation  prohibits  all  forms  of  forced  and  compulsory  labour  and  the  policy  on 
prison  labour  requires  that  those  prisoners  willing  to  work  are  compensated  for  their  work. 
The  shortcomings  regarding  the  implementation  of  the  ILO  conventions  on  forced  labour 
relate mainly to trafficking in persons, including labour exploitation. Migrant workers are also 
in  a  vulnerable  situation  and  there  have  been  concerns  over  reported  abusive  practices  and 
working conditions of Sri Lankan migrant workers abroad. The CEACR requested Sri Lanka 
to ensure that the perpetrators of human trafficking are subject to effective investigation and 
prosecution,  and  that  penalties  are  adequate  and  effective.  Some  limited  progress  has  been 
made  in  this  area.  Specialised  anti-trafficking  investigation  units  and  shelters  for  human 
trafficking and domestic violence victims have been established in 2016. In addition, a special 
unit  to  investigate  human  trafficking  was  set  up  at  the  Sri  Lanka  Bureau  of  Foreign 
Employment. 

Another  concern  relates  to  sanctions  imposing  compulsory  labour.  According  to  the  ILO 
conventions  no  such  punishment  should  be  applied  to  cases  of  peaceful  participation  in  a 
strike  or  for  holding  or  expressing  political  and  ideological  views.  However,  compulsory 
labour  can  be  imposed  under  the  PTA,  and  concerns  have  been  raised  about  sanctions 
imposing  compulsory  labour  for  participation  in  strikes  in  essential  services  under  the 
Industrial  Disputes  Act.  According  to  the  Government,  no  imprisonment  was  imposed  for 
expressing political views or for the mere participation in a strike. The Government has also 
indicated that it would consider measures in order to further ensure that no such sanctions are 
imposed, including legislative amendments.  

Sri  Lanka recently ratified the ILO Maritime Labour  Convention and the Seafarers' Identity 
Documents  Convention,  which  are  important  steps  in  combatting  forced  or  compulsory 
labour. The authorities also consider ratification of the ILO Protocol 29 and intend to prepare 
a roadmap to do so, thus linking forced or compulsory labour with human trafficking. 

Minimum Age for Work and Worst Forms of Child Labour (Conventions 138 
and 182) 

There has been a significant decrease in child labour in Sri Lanka. According to the Sri Lanka 
Child Activity Survey 2016, children engaged in child labour represent 1% of the total child 
population  (43,714  children).  Therefore,  it  is  important  to  sustain  the  efforts  on  the 
elimination of child labour, including the engagement of children in hazardous work. 

There  is  a  National  Policy  on  Elimination  of  Child  Labour  to  eliminate  child  labour  in  Sri 
Lanka,  in  particular  its  worst  forms.  In  addition,  Sri  Lanka  intends  to  increase  the  legal 
working age from 14 to 16 years. Nevertheless, there are some outstanding legislative gaps on 
hazardous  forms  of  child  labour.  Current  legislation  identifies  51  occupations  and  working 
conditions,  but  no  activities  which  fall  into  the  category  of  hazardous  labour.  Furthermore, 
there  is  no  specification  of  hours  of  work  for  different  age  groups,  the  maximum  weight  a 
child can carry, the maximum height to which a child can ascend and prescribed leisure hours. 
In  order  to  respond  to  these  issues,  a  committee  has  been  appointed  by  the  Department  of 
Labour which will be responsible for reviewing the list of hazardous work occupations. 

12 

 
 
 
 
To  address  the  issue  of  sexual  exploitation  of  children  for  prostitution,  the  National  Child 
Protection Authority has engaged in programmes to fight child sex tourism, including through 
trainings and awareness raising activities. The CEACR has urged Sri Lanka to strengthen its 
efforts to combat child sex tourism and to ensure that the perpetrators are brought to justice.  

Children working in the informal sector remain out of the scope of legal protection. In 2017, 
the CEACR recalled that Sri Lanka should take further effective measures to strengthen the 
capacity and expand the reach of the labour inspectorate to better monitor children working in 
the informal economy. The National Policy on Elimination of Child Labour sets out a specific 
policy  implementation  strategy  to  enforce  the  outreach  of  labour  inspection  to  the  informal 
sector, including in rural areas. 

Elimination of Discrimination (Conventions 100 and 111) 

The Constitution of Sri Lanka provides for the right to equality without discrimination on the 
basis of race, religion, language, caste, sex, political opinion, or place of birth. However, there 
is  no  special  anti-discrimination  law  in  place,  including  a  law  guaranteeing  prohibition  of 
discrimination with respect to employment and occupation. The CEACR expressed concerns 
about the absence of legislation ensuring equal remuneration for men and women for work of 
equal value. The absence of discrimination cases may also reflect the lack of an appropriate 
legal framework and practical difficulties of access to the procedures. 

As already mentioned, the labour market participation of women remains very low, including 
in  comparison  with  that  of  men.  In  2016,  it  represented  35.9%,  as  compared  to  75.1%  for 
men. The authorities took some measures in the field of gender equality such as the adoption 
of a comprehensive National Plan of Action for Women and by including gender equality in 
employment in the National Action Plan for the Protection and Promotion of Human Rights. 
According  to  the  Government,  the  Women's  Commission  Bill  is  pending  adoption  and  the 
establishment of day care and child care centres is underway. The efforts already undertaken 
in this field should be sustained. 

While there have been no outstanding issues reported on gender discrimination in recruitment 
in the public sector, the number of women in management roles remains limited. As the main 
language of work in the public sector is Sinhala, people belonging to minorities who are not 
fluent in the Sinhala language are still at a disadvantage. 

Future actions and priorities 

Sri Lanka has shown good level of engagement and commitment to address some of the key 
issues  related  to  the  implementation  of  the  ILO  fundamental  conventions.  Particularly 
important is the fulfilment of reporting obligations to the ILO. On some of the most pertinent 
issues, the authorities consider actions. There are plans to recruit additional labour officers to 
improve labour  inspection, in  particular  in  the economic processing  zones.  On child  labour, 
the list of hazardous occupations will be revised by a special body set up for this purpose. Sri 
Lanka  is  also  considering  developing  a  roadmap  for  ratification  of  the  Protocol  to  ILO 
Convention  29  on  forced  labour.  Furthermore,  the  authorities  have  indicated  that  they  are 
considering options to lower the representativeness requirement of 40% to negotiate collective 
agreements.  Less  commitment  has  been  expressed  for  measures  which  would  ensure  that 
compulsory  labour  is  not  imposed  as  a  penalty  for  peaceful  participation  in  strikes  or 
expressing  political  opinions,  and  for  the  introduction  of  special  anti-discrimination 
legislation.  It  is  paramount  that  the  aspirations  for  reforms  are  sustained  and  that 
commitments materialise. 

13 

 
 
Conclusions 

The  most  pertinent  challenges  with  regard  to  the  implementation  of  core  labour  standards 

relate to the exercise of freedom of association and collective bargaining, in particular with 

regards to representativeness and access to judicial remedies. There have been improvements 

in access of labour inspectors to the EPZs. Adequate protection against the acts of anti-union 

discrimination needs to be ensured and measures need to be taken to ensure that workers and 

trade unions can lodge a complaint in court. 

The  excessively  high  threshold  of  40%  for  trade  union  representativeness  necessary  for 

collective bargaining should also be lowered. 

Sri  Lanka  raised  the  age  of  compulsory  education  and  is  currently  working  to  increase  the 

legal working age to 16 years. The policy framework on child labour is in place and a special 

body for revising the list of hazardous occupations has been established. Some further actions 

have  been  taken  to  raise  awareness  and  address  child  sex  tourism.  While  forced  labour  is 

prohibited,  legal  gaps  remain  with  prison  sentences  imposing  compulsory  labour  for 

participation in strikes and expressing political views. Despite the Government's assurances 

that such cases do not occur in practice, it has indicated that amending the legislation may be 

considered. Some actions have been taken to investigate human trafficking. 

Enforcement  of  legislation,  including  thorough  investigation  and  prosecution,  needs  to  be 

ensured. 

While  non-discrimination  is  guaranteed  by  the  Constitution,  adequate  anti-discrimination 

legislation should be introduced to ensure protection from discrimination in employment and 

occupation, including guaranteeing the principle of equal remuneration for men and women 

for  work  of  equal  value.  Further  measures  to  improve  the  protection  and  labour  market 

participation of women would be an important step towards equality in employment. 

Finally,  compliance  with  the  reporting  obligations  should  be  sustained,  including  through 

strengthening administrative capacities. 

2.3.  UN Conventions on Environmental Protection and Climate 

Change (Conventions 16-23) 

Status of ratification and reporting 

Sri  Lanka  maintains  ratification  of  all  conventions  and  is  up-to-date  on  reporting 
requirements, except for the UNFCCC and the Cartagena Protocol. 

14 

 
Status of implementation of the conventions 

Convention on International Trade in Endangered Species of Wild Flora and 
Fauna (CITES) 

Sri Lanka is currently a Category 3 country, meaning that the country has "legislation that is 
believed  generally  not  to  meet  requirements  for  the  implementation  of  CITES".  Sri  Lanka 
acknowledges that current legislation is insufficient to meet the requirements of CITES and is 
working  on  amending  its  legislation  in  order  to  be  placed  in  category  1  ("legislation  that  is 
believed  generally  to  meet  the  requirements  for  implementation  of  CITES").  Sri  Lanka  has 
also  submitted  a  timeline  for  this  work,  but  has  not  been  able  to  maintain  it.  The  CITES 
Secretariat expects that Sri Lanka will provide it with an update before mid-September 2017. 
According  to  the  Government  the  necessary  enacting  legislation  is  being  taken  forward, 
including a public consultation. 

Sri  Lanka has  become an advocate for the  anti-poaching cause  in the region, being the first 
South  Asian  nation  to  publicly  destroy  ivory  obtained  through  elephant  poaching.  It  is  now 
the  16th  country  in  the  world  to  destroy  confiscated  elephant  tusks  so  that  they  cannot  be 
traded on the black market. 

Basel Convention 

Import and transit of waste is restricted, and export is carried out under convention provisions, 
although no specific export restrictions exist. Sri Lanka has no facilities for hazardous waste 
disposal.  The  Government  established  a  public-private  partnership  to  set  up  the  National 
Corporate  E-waste  Management  Programme.  The  Central  Environmental  Authority  (CEA) 
regulates  waste;  requires  a  license  for  all  discharge,  emission  and  deposit  of  waste  requires 
local authorities to enforce the prohibition of unauthorised waste disposal, and regulates waste 
sites.  A  National  Coordination  Committee  supported  by  the  Basel  Convention  was  created 
allowing all amendments to the Basel Convention to be ratified. The Government is working 
on developing a Hazardous Waste Management Policy. 

Convention on Biological Diversity (CBD) 

In 2014, Sri Lanka has submitted its 5th National Report to the Convention and has formulated 
a National Biodiversity Strategic Action Plan (2016-2020). 

There  are  various  causes  of  biodiversity  loss  in  Sri  Lanka,  including  Sri  Lanka's  increasing 
population  and  dense  human  habitation  of  certain  parts  of  the  country  (particularly  the  wet 
zone);  pollution,  for  example  due  to  the  use  of  agro-chemicals;  lack  of  solid  waste 
management;  overexploitation  of  fish,  introduction  of  invasive  alien  species  and  human-
wildlife  conflict;  and  climate  change  impacts. 1  Infrastructure  development  also  poses  a 
serious  threat  to  Sri  Lanka's  biodiversity.  However,  ecotourism  is  a  specific  attraction  for 
visitors to the country, and the authorities are confronted  with  how to  integrate biodiversity 
considerations  in  infrastructure  projects.  The  Government  has  recently  designated  further 
marine  areas  and  wetlands  as  protection  areas.  The  Government  takes  due  account  of  the 
importance  of  Sri  Lanka  as  a  biodiversity  hot-spot,  but  noted  that  there  still  is  very  little 
research on species identification. 

1 Https://www.cbd.int/doc/world/lk/lk-nbsap-v2-en.pdf. From p. 59 onwards 

15 

 
 
                                                 
Stockholm Convention on Persistent Organic Pollutants 

The submission of three updates (2012, 2014 and 2016) of the NIP is still pending. Sri Lanka 
submitted  the  three  required  national  reports  on  implementation  in  accordance  with  the 
schedule. Sri Lanka drafted a National Implementation Plan under the Stockholm Convention 
on POPs, under the guidance of GEF/UNEP. 

Cartagena Protocol on Biosafety 

From  2003  to  2005,  there  was  a  UNEP/GEF  funded  National  Biosafety  Framework 
Development  Project  for  Sri  Lanka  in  place. 2  Sri  Lanka  is  currently  in  the  very  initial 
planning  stage  of  the  implementation  of  the  National  Biosafety  Framework  in  accordance 
with the Cartagena Protocol. 

Conventions on Climate Change 

Sri  Lanka  has  ratified  the  Montreal  Protocol,  and  is  up-to-date  on  reporting.  The  National 
Environmental Act established the Central Environmental Authority (CEA) with the power to 
specify  air  quality  standards,  emission  standards  and  maximum  atmospheric  conditions.  Sri 
Lanka  also  established  the  National  Ozone  Unit  to  oversee  reduction  measures  and  report 
chlorofluorocarbon  emissions  to  the  Climate  Change  Secretariat  at  the  Ministry  of 
Development and Environment.   

Sri Lanka has not yet ratified the October 2016 Kigali Amendment to the Montreal Protocol, 
which seeks to cut the production and consumption of hydrofuorocarbons (HFCs). Sri Lanka's 
Cabinet of Ministers has approved the decision of the President to appoint a committee to take 
the necessary action for ratifying the amendment and expects to submit the ratification to the 
registrar in November 2017.3 

In order to fulfil commitments under the Convention and the Kyoto protocol, the Ministry of 
Development  and  Environment,  which  is  the  national  focal  point  for  the  Convention, 
established  a  Climate  Change  Secretariat,  and  a  National  Advisory  Committee  on  Climate 
Change.  Sri  Lanka  adopted  a  National  Climate  Change  Adaptation  Strategy  (2011-2016),  a 
National  Climate  Change  Policy  (2012),  and  a  subsequent  National  Adaptation  Plan  for 
Climate  Change  Impacts  (2016-2025).  In  2012,  Sri  Lanka  submitted  its  Second  National 
Communication on Climate Change.4 

Sri Lanka submitted an improved version of its Intended Nationally Determined Contribution 
(INDC)  in  April  2015,  at  the  time  of  signing  the  Paris  Agreement.  The  INDC  will  be 
implemented  under  the  guidance  of  the  Climate  Change  Commission  of  Sri  Lanka,  in 
coordination with relevant ministries. The readiness phase till 2020 is to prepare for the full-
scale  implementation  of  the  INDC  in  order  to  achieve  the  set  greenhouse  gas  emission 
reduction targets by 2030. 

Sri  Lanka's  challenge  lies  in  that  climate  change  vulnerabilities  cut  across  many  sectors, 
which  are  linked  to  existing  development  disparities  and  problems,  as  well  as  resource 

2 http://unep.ch/biosafety/old_site/development/countryreports/LKNBFrep.pdf 

3 https://www.dgi.gov.lk/news/cabinet-decisions/1270-decisions-taken-by-the-cabinet-of-ministers-at-its-meeting-held-on-
13-06-2017 

4 http://unfccc.int/essential_background/library/items/3599.php?rec=j&priref=7647#beg  

16 

 
                                                 
mobilization for adaptation action.  Further mainstreaming  of climate change adaptation into 
national  planning  is  needed  in  order  not  to  hamper  the  development  drive  and  the 
sustainability of current achievements. 

Conclusions 

Sri  Lanka's  commitment  to  the  implementation  of  the  environment  and  climate  change 

conventions  is  noteworthy.  The  main  challenges  lie  in  how  to  address  issues  of  capacity, 

accountability and management, in addition to public education and awareness. Sri Lanka is 

working  on  improving  its  legislation  to  meet  the  requirements  for  the  implementation  of 

CITES,  and  is  encouraged  to  improve  its  implementation  of  the  National  Biosafety 

Framework in accordance with the Cartagena Protocol. 

2.4.  UN Conventions on Good Governance (Conventions 24-27) 

Status of ratification and reporting 

Sri Lanka maintains ratification of the conventions fighting illegal drugs and is up to date on 
reporting obligations under these conventions. 

Sri  Lanka  maintains  ratification  of  the  Convention  against  Corruption  and  is  in  its  second 
review cycle. The country visit  for the review of Sri  Lanka's implementation of Chapters II 
and V of the Convention took place in Colombo from 29-31 March 2017. The report of this 
review has not yet been made public. 

Status of implementation of the conventions 

UN Conventions Fighting Illegal Drugs 

Sri Lanka has a small but ever increasing drug problem and narcotics continue to be smuggled 
into  Sri  Lanka  on  a  large  scale  via  sea  routes  from  South  India  and  from  Pakistan,  thus 
creating  the  risk  of  the  county  becoming  a  transit  country  for  drug  smuggling.  The 
Government  remains  committed  to  targeting  drug  traffickers  and  implementing  nationwide 
demand reduction programs.  

Since 2015, Sri Lanka has become a major regional player in the field of prevention of illicit 
traffic  in  narcotic  drugs,  and  considerable  progress  is  seen  in  interdictions  and  seizures  of 
narcotic  drugs  by  Sri  Lankan  authorities.  In  2016  there  was  a  major  increase  in  seizures  of 
cocaine. Seizure data for the first half of 2016 indicated a sharp increase over the same period 
of the previous year. Indeed, 2016 has been a major success story for drug enforcement in Sri 
Lanka as the Police Narcotics Bureau with the support of the other law enforcement agencies 
seized over 1,550 kg of cocaine. As a result Sri Lanka holds the record for the largest quantity 
of seizures of cocaine and heroin in the whole of South Asia. On 30 March 2017, the Police 
Narcotics Bureau and the Sri Lanka Navy, in a joint operation at sea, seized 101 kg of heroin, 
which is the largest seizure of heroin in a maritime operation by an Indian Ocean island state. 

The INCB annual report was launched in Colombo on 2 March 2016 in collaboration with the 
National  Dangerous  Drugs  Control  Board.  Sri  Lanka  also  takes  an  active  role  in  regional 
cooperation. In October 2016, the Government and the United Nations Office on Drugs and 
Crime  (UNODC)  co-hosted  the  last  High  Level  Meeting  of  Interior  Ministers  of  the  Indian 
Ocean Region to Counter Drug Trafficking in Sri Lanka.  

17 

 
President  Sirisena  appointed  a  Special  Presidential  Task  Force  for  the  recovery  of  illegally 
acquired state assets. This task force was also given the task of drafting crime legislation in 
relation  to  drug  trafficking.  The  UNODC  is  currently  working  on  a  project  to  support  the 
drafting process. 

UN Convention against Corruption (UNCAC) 

Sri Lanka is the first country in South Asia and the second country globally to have signed the 
United Nations Convention against Corruption (UNCAC).  

The current government and the President came to power in 2015 on a good governance ticket, 
which  primarily  focussed  on  getting  rid  of  corruption  by  carrying  out  investigations  of  past 
cases and putting in place systems that would deter corruption in the future. In this context the 
passing  of  the  19th  amendment  to  the  Constitution  enabled  the  Government  to  set  up  nine 
independent commissions, including the Commission to Investigate Allegations of Bribery or 
Corruption  (CIABOC).  The  Constitution requires  the  Commission  to  take  measures  to  fully 
implement the UNCAC in Sri Lanka. 

CIABOC has the power to file its own motions (not just following complaints), an indication 
of the Commission's independence. However, the Commission is yet to exercise this power. 
CIABOC reports that 27 cases have led to convictions in 2017 (compared to 20 in 2016) and 
there  are  around  60  cases  pending  in  the  courts.  According  to  CIABOC  it  has  in  2017 
resolved  1,140  of  the  1,710  complaints  received.  CIABOC  reports  that  it  is  increasing  its 
capacities  and  intends  to  recruit  200  additional  investigators.  Steps  are  also  being  taken  to 
amend  legislation  that  will  allow  the  sharing  of  information  between  agencies  and  thus 
enhance  coordination.  In  these  respect,  CIABOC  is  working  with  other  countries  and 
international partners. 

At  the  same  time  there  exists  a  vast  network  of  organisations  involved  in  the  fight  against 
corruption. This includes among others, the Presidential Commission of Inquiry to Investigate 
and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and 
Privileges  (PRECIFAC).  The  Presidential  Task  Force  on  Stolen  Assets  Recovery  was 
established to recover stolen assets belonging to the State. 

Sri Lanka joined the Open Government Partnership (OGP) in 2015, and thereafter developed 
a  National  Action  Plan  (NAP)  through  an  inclusive  consultative  process,  which  witnessed 
community-based  dialogues  in  all  nine  provinces  of  the  country.  The  National  Action  Plan, 
approved by Cabinet, contained policy reform commitments in about nine different thematic 
areas  of  governance.  The  Government  is  to  appoint  a  multi-stakeholder  monitoring  council 
comprising  government  officials,  civil  society,  and  the  private  sector  representatives  to 
monitor  the  implementation  of  the  mandatory  and  non-mandatory  recommendations  of  Sri 
Lanka's UNCAC Implementation Action Plan. 

Sri Lanka's ranking in Transparency International's Corruption Perception Index was 95 out of 
176 countries, meaning that it dropped 11 places compared to 2015 when it was ranked 83rd 
out of 167 countries. 

Conclusions 

Sri  Lanka  is  taking  the  fight  against  illegal  drugs  trafficking  seriously  and  has  produced 

considerable  improvement  in  drug  interdictions  and  seizures  since  2015.  Similarly,  efforts 

have  been  made  to  raise  the  awareness  of  society  on  the  risks  of  drug  taking,  and  on  drug 

treatment  and  rehabilitation  programmes.  Sri  Lanka  should  consider  how  coordination 

18 

 
efforts between involved agencies can be further improved. Improvements in digital forensic 

capacities,  addressing  the  lack  of  judges  in  the  High  Court,  and  reducing  prosecution 

bottlenecks  at  the  Attorney  General's  Department  would  increase  the  effectiveness  of  Sri 

Lanka's  anti-narcotics  related  activities.  Sri  Lanka  should  also  reconsider  the imposition  of 

the death penalty for drug-related offences, which is not seen by the UN as a 'serious crime' 

in relation to the award of the death penalty, but also limits information sharing between Sri 

Lankan authorities and other counter-narcotics agencies. 

Restoring  the  independence  of  the  Commission  to  Investigate  Allegations  of  Bribery  or 

Corruption is welcome as are the plans to strengthen its capacities and information sharing 

possibilities. The number of agencies involved in corruption, bribery, money laundering etc. 

raises  questions  about  effective  coordination  and  use  of  resources  in  relation  to  ensuring 

prosecution and conviction of cases. Sri Lanka is encouraged to consider a more focused and 

concerted approach, with full political backing.  

3.  Trade and Economy 

3.1.  Trade Picture 
The Sri Lankan economy grew by 4.4% in real terms during 2016 compared to a growth of 
4.8% in 2015. The industrial sector grew by 6.7%, mainly driven by the construction sector, 
while  services  related activities grew by 4.2%, mainly  due to  the expansion  of the financial 
services,  insurance  and  telecommunications  sectors.  The  growth  in  agriculture-related 
activities  decreased by 4.2%  in  2016,  mainly  due to  the disruptions caused  by floods in  the 
second quarter and drought conditions during the final quarter of 2016. 

Sri Lanka's overall trade grew by 12% between 2015 and 2016 to EUR 25.2 billion with an 
overall  trade  deficit  of  EUR  6.6  billion.  In  2016,  the  EU  was  Sri  Lanka's  largest  trading 
partner with almost 19% of the total (EUR 4.7 billion), ahead of India (16%), the USA (12%) 
and China (8%). The EU is by far Sri Lanka's main export destination with over 30% of the 
total (EUR 2.8 billion). This is followed by the USA (27%) and India (only 7%). In terms of 
imports, India dominates by far with almost 22%, followed by China and the EU (each around 
12%).  

The IMF was satisfied with Sri Lanka's fiscal and quantitative targets up to December 2016, 
and  recognised  that  the  Government's  stepping  up  of  revenue  collections  and  automating 
revenue administration had contributed directly to achieving these initial fiscal targets.   

For Sri Lanka to reach the status of an Upper Middle-Income Country, which it is currently 
aspiring to, it will have to strengthen its economy's competitiveness and ability to pursue an 
export-led  growth  model.  The  continuing  fall  in  exports  earnings  represents  a  significant 
challenge.  The  2017  budget  showed  little  evidence  that  the  Government  had  a  strategy  to 
address this problem.  

19 

 
 
 
 
 
Sri  Lanka  attracted  a  much  lower  volume  of  Foreign  Direct  Investment  than  competitors  in 
the region. The faster implementation of reforms to privatise the state-owned enterprises, and 
measures to strengthen accountability, increase transparency, and improve the ease of doing 
business in Sri Lanka could make Sri Lanka more competitive. 

3.2.  GSP+ Statistics 
Figures 1-3 below describe Sri Lanka's utilisation of Standard GSP in the context of the EU's 
overall  imports  from  Sri  Lanka  (Sri  Lanka  was  awarded  GSP+  from  19  May  2017).  Sri 
Lankan exports to the EU are dominated by textile and clothing which amount to about 51% 
of the total GSP+ exports. Rubber accounts for a further 22%.  

Source for all statistics: Eurostat data as of September 2017. 

20 

 
 
 
 
Figure 1 

Sri Lanka - Imports to the EU, 2014-2017 

Figures in thousand EUR 

2014 

2015 

2016 

2017 (Q1-
2) 

Trend 
2014-2016 

Total imports to EU 
GSP eligible imports 
GSP preferential imports 
GSP utilisation rate 

2,163,151 
1,799,337 
1,073,969 
59.7% 

2,337,415 
1,966,849 
1,078,955 
54.9% 

2,395,894 
2,022,993 
1,105,615 
54.7% 

1,308,441 
1,118,348 
608,288 
54.4% 

10.8% 
12.4% 
2.9% 
-8.4% 

Figure 2 

2.500.000

2.000.000

1.500.000

1.000.000

500.000

0

)
R
U
E
d
n
a
s
u
o
h
t
(

U
E
e
h
t
o
t

s
t
r
o
p
m

I

Sri Lanka - Imports to the EU, 2014-2016 

2.337.415 

2.395.894 

2.163.151 

49.65% 

46.16% 

46.15% 

33.53% 

37.99% 

38.29% 

16.82% 

15.85% 

15.56% 

2014

2015

2016

GSP preferential imports

GSP eligible imports
which do not use GSP
preferences

Other preferential and
non-preferential imports

21 

 
  
  
  
 
 
 
 
 
 
 
Figure 3 

21% 

3% 

3% 

13% 

Sri Lanka -  
Product Diversification of GSP Preferential Imports, 2016 

Articles of apparel and clothing
accessories, knitted or crocheted

Rubber

38% 

Articles of apparel and clothing
accessories, not knitted or
crocheted
Miscellaneous edible
preparations

Animal or vegetable fats and oils

22% 

All other sections

22 

 
 
 
 
 
ANNEX 

Sri Lanka – Treaty Ratification and Reporting 

Convention 

Status of ratification / 
reservations5 

Compliance with reporting obligations to 
monitoring bodies 

1. Convention on the 
Prevention and Punishment 
of the Crime of Genocide 

2. International Convention 
on the Elimination of All 
Forms of Racial 
Discrimination 

3. International Covenant on 
Civil and Political Rights 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

6. Convention against 
Torture and Other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

7. Convention on the Rights 
of the Child 

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

9. Convention concerning 
Freedom of Association and 
Protection of the Right to 
Organise, No. 87 

10. Convention concerning 
the Application of the 
Principles of the Right to 
Organise and to Bargain 
Collectively, No. 98 

11. Convention concerning 
Equal Remuneration of Men 

Ratified 

No reporting obligations 

No reservations 

Ratified: 18.02.1982 

Compliant with reporting obligations 

No reservations 

Last report submitted on 15.10.2015. 

Next report due on 20.03.2019. 

Ratified: 11.06.1980 

Compliant with reporting obligations 

No reservations 

Last report submitted on 29.10.2012. 

Next report due on 31.10.2017. 

Ratified: 11.06.1980 

Compliant with reporting obligations 

No reservations 

Last report submitted on 07.10.2015. 

Next report due on 30.06.2022. 

Ratified: 05.10.1981 

Compliant with reporting obligations 

No reservations 

Last report submitted on 30.14.2015. 

Next report due on 31.03.2021. 

Ratified: 03.01.1994 

Compliant with reporting obligations 

No reservations 

Last report submitted on 16.10.2015. 

Next report due on 07.12.2020. 

Ratified: 12.07.1991 

Compliant with reporting obligations 

No reservations 

Last report submitted on 08.06.2016. 

Ratification: 1950 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

Ratification:1995 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2015; Direct 
Request 2015. 

Ratification: 1972 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016. 

Ratification: 1993 

Compliant with reporting obligations 

5 Reservations do not apply in the ILO system, so there is no relevance to providing information on reservations under each 
of these conventions. 

23 

 
 
                                                 
and Women Workers for 
Work of Equal Value, No. 
100 

12. Convention concerning 
the Abolition of Forced 
Labour, No. 105 

13. Convention concerning 
Discrimination in Respect of 
Employment and 
Occupation, No. 111 

14. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 138 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Latest CEACR comments: Observation 2014; Direct 
Request 2014. 

Ratification:2003 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

Ratification: 1998 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2014; Direct 
Request 2014. 

Ratification: 2000 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016. 

Ratification: 2001 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

16. CITES 

Accession: 04.05.1979 

Compliance with reporting obligations 

No reservations 

Last (2015 Annual) Report submitted on 21.09.2016. 

Annual Report for 2016 is due on 31.10.2017.  

17. Montreal Protocol 

Accession: 15.12.1989 

Compliant with reporting obligations 

No reservations 

Most recent data for 2016 was submitted. 

18. Basel Convention 

Ratification: 28.08.1992 

Compliant with reporting obligations 

No reservations 

Latest (2015 Annual) Report submitted on 14.03.2017.  

19. Convention on 
Biological Diversity 

Ratification: 21.06.1994 

Compliant with reporting obligations 

20. UN Framework 
Convention on Climate 
Change 

No reservations 

National Biodiversity Strategy and Action Plan 
updated on 17.10.2016. 

Fifth National Report submitted on 11.08.2014. 

Ratification: 23.11.1993 

Lack of compliance with reporting obligations 

No reservations 

First National Communication submitted on 
06.11.2000. 

Second National Communication submitted on 
16.03.2012. 

Third National Communication due. 

Biennial Update Report of 2014 and 2016 due as well. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 28.04.2004 

Lack of compliance with reporting obligations 

No reservations 

Third National Report submitted on 01.12.2015. 

22. Stockholm Convention 

Ratification: 22.12.2005 

Compliant with reporting obligations 

Interim National Report (2005) is overdue. 

No reservations 

Latest report submitted on 04.11.2015 (Third Round 
National Report). 

23. Kyoto Protocol 

Ratification: 03.09.2002 

No reporting obligations 

No reservations 

24 

 
24. UN Single Convention 
on Narcotic Drugs 

25. UN Convention on 
Psychotropic Substances 

26. UN Convention against 
Illicit Traffic in Narcotic 
Drugs and Psychotropic 
Substances 

27. UN Convention against 
Corruption 

Reviewing is fulfilled by the International 
Narcotics Control Board (INCB). 

Ratification: 11.07.1963 

No reservations 

Ratification: 15.03.1993 

No reservations 

Ratification: 06.06.1991 

No reservations 

Ratification: 31.03.2004 

No reservations 

Reviewing is fulfilled by the UN Office on Drugs 
and Crime (UNODC) in March 2017.  

The Executive Summary has not yet been published. 

25