JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri Lanka covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Coucil Report on the Generalised Scheme of Preferences covering the period 2018-2019
Date: 2020-02-10
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Sri Lanka, common commercial policy, development aid, generalised preferences, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 10.2.2020  SWD(2020) 25 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri Lanka covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Coucil Report on the Generalised Scheme of Preferences covering the period 2018-2019 {JOIN(2020) 3 final} - {SWD(2020) 16 final} - {SWD(2020) 17 final} - {SWD(2020) 18 final} - {SWD(2020) 19 final} - {SWD(2020) 20 final} - {SWD(2020) 21 final} - {SWD(2020) 22 final} - {SWD(2020) 23 final} - {SWD(2020) 24 final}  
 
 
Sri Lanka  

1. Summary Assessment 

In  the  reporting  period  2018-2019,  Sri  Lanka  engaged  well  with  the  EU  on  the  GSP+ 
compliance issues. This was reflected in a strong cooperation with the government authorities 
and intensive dialogue regarding the effective implementation of the international conventions 
specified in the GSP Regulation.  

Sri Lanka has embarked on a number of critical reforms during the last few years, trying to 
deal with challenges of unemployment, security, and corruption. An attempted ‘constitutional 
coup’ in October 2018 was resolved by the Supreme Court and Parliament. National security 
was  a  prominent  theme  in  the  election  campaign  for  the  presidential  elections  on  16 
November 2019, with strong nationalist rhetoric, not least given the terrorist attacks on Easter 
Sunday 2019. This also brought religious and ethnic rifts to the fore.  

Sri Lanka cooperated with the United Nations bodies, including a recent visit by the UN Sub-
committee  on  prevention  of  torture.  In  recent  years,  Sri  Lanka,  in  line  with  its  standing 
invitation,  received  ten  UN  special  rapporteurs  (part  of  the  Human  Rights  Council's 
independent fact-finding and monitoring mechanisms), including on torture; on minorities; on 
the promotion of truth, justice, reparation and guarantees of non-recurrence; on the promotion 
and protection of human rights and fundamental freedoms while countering terrorism; on the 
rights of freedom of peaceful assembly and association; and freedom of religion or belief. It 
will  be  important  for  this  progress  to  continue  under  the  new  administration  headed  by 
President  Gotabaya  Rajapaksa,  to  ensure  renewed  commitment  to  strengthen  recently 
established institutions, and to continue legislative reforms. 

With  regard  to  human  rights,  while  the  space  for  civil  society  and  media  to  operate  has 
improved  post-2015,  challenges  remain.  An  issue  of  serious  concern  is  the  Prevention  of 
Terrorism  Act  (PTA),  which  has  not  yet  been  repealed  nor  amended,  despite  the  new  draft 
Counter Terrorism Act (CTA) having been with the relevant parliament oversight committee 
since early 2019. The new government of Gotabaya Rajapaksa stated  that the current version 
of the CTA will not go through parliament as it stood. It remains to be seen what will happen 
after  the Parliamentary elections in late April/early May 2020.  

Sri Lanka has taken several positive steps: the Office on Missing Persons and the Office for 
Reparations  are  in  place;  the  accession  to  the  Optional  Protocol  to  the  UN  Convention 
Against Torture (OPCAT) came into effect; the adoption of Enforced Disappearances Act and 
the Right to Information Act reflect strong commitments to democracy and transparency. Yet, 
progress  is  fragile,  especially  with  regard  to  accountability.  In  the  aftermath  of  the  Easter 
Sunday terrorist attacks, the situation of minorities has become tense. Prevention of torture is 
on the agenda, but actions need to be stepped up in terms of accountability.  

It is crucial that following the election of the new President in November 2019, civil society 
space  and  the  capacity  of  human  rights  defenders  to  pursue  their  regular  activities  are 
preserved. It will also be important to maintain continued engagement with the UN as well as 
to  demonstrate  full  commitment  to  the  implementation  of  the  Human  Rights  Council 
resolution 30/1 on Promoting reconciliation, accountability, and human rights.  

1 

 
 
 
With regard to labour rights, substantive progress has been made on the eradication of child 
labour  and  the  pledge  to  completely  eliminate  it  by  2022;  as  well  as  the  ratification  of  the 
Protocol supplementing the Convention No 29 on Forced Labour of the International Labour 
Organisation  (ILO).  Employers  and  worker  organisations  insisted  on  the  need  for  effective 
tripartite consultations on the reform of labour laws and practices. In this context, Sri Lanka 
should make stronger efforts to take the benefit of the strong potential of social dialogue and 
tripartite consultations for enhancing decent work and sustainable enterprises.   

In  the  area  of  good  governance,  there  has  been  progress  through  the  implementation  of  a 
number  of  commitments  from  the  Open  Government  Partnership.  Sri  Lanka  adopted 
appropriate measures on anti-money laundering and countering terrorist financing, resulting in 
its removal from the Financial Action Task Forces (FATF)'s grey list. 

Priorities 

The EU conducted a GSP+ monitoring mission in Sri Lanka from 26 August to 3 September 
2019.  During  the  reporting  period  2018-2019,  monitoring  focused  on  several  priority  areas 
such as: the moratorium on the death penalty; the repeal of the Prevention of Terrorism Act 
(PTA);  adoption  and  implementation  of  legislation  against  domestic  violence;  combating 
sexual exploitation of children; prevention of torture; and anti-discrimination legislation.  

Human Rights 

Overall,  the  human  rights  and  good  governance  situation  in  Sri  Lanka  has  improved  since 
2015.  Still,  several  concerns  remain.  The  Government’s  proposal  to  introduce  new 
Constitutional  and  Statutory  provisions  relating  to  public  security  and  national  emergencies 
has  stalled.  Minorities  have  come  under  pressure  following  the  Eastern  Sunday  terrorist 
bombings,  including  through  mob  attacks  against  Muslim  communities.  There  have  been 
the  19th  Constitutional 
recent  announcements  regarding  a  possible  abolishment  of 
Amendment,  which  reformed 
the 
independence  of  certain  institutions that  are  instrumental  for  democracy  and  justice.  Recent 
statements by Sri Lanka on the implementation of the Human Rights Council Resolution 30/1 
have also raised questions. 

the  executive  Presidential  system  and  enhanced 

The  Prevention  of  Terrorism  Act  (PTA),  which  is  reported  to  facilitate  detentions  without 
charge, has not been repealed yet, despite Sri Lanka's commitment to do so under GSP+ and 
UN  Human  Rights  Council  Resolution  30/1.  Its  possible  replacement,  the  draft  Counter 
Terrorism Act (CTA), has not been approved yet by the Parliament.  

Sri Lanka has maintained a de facto  moratorium on the death penalty since 1976 and has 
not executed anyone since then, though more than 400 people have received confirmed death 
sentences. In 2018, Sri Lanka voted in favour of UN resolution on a moratorium. In October 
2019,  Sri  Lanka’s  Supreme  Court  prevented  any  attempt  by  the  Executive  to  order  the 
execution of drug convicts. 

Cooperation with the UN on the prevention of torture has increased, including Sri Lanka’s 
accession to the Optional Protocol to the Convention Against Torture (OPCAT) and the first 
visit of the UN Subcommittee on the Prevention of Torture in 2019. There has been positive 
engagement in the development of a National Preventative Mechanism. However, allegations 
of  use  of  torture  and  lack  of  accountability  for  reported  acts  of  torture  remain  an  issue  of 
concern.  While  the  National  Human  Rights  Commission  of  Sri  Lanka  has  been  formally 
designated as National Prevention Mechanism in line with OPCAT, the Government will have 

2 

 
 
to  ensure  that  adequate  resources  are  allocated  for  the  Commission  to  properly  undertake 
functions related to such role.  

During  the  reporting  period,  some  progress  has  been  noted  on  reconciliation,  transitional 
justice,  and  accountability  including  through  the  Enforced  Disappearances  Act  and  the 
Right to Information Act. The Office on Missing Persons and the Office of Reparations have 
been established. In its 2019 budget, the Government has allocated LKR 500 million to pay a 
monthly  allowance  of  LKR  6,000  (~€30)  to  the  families  of  disappeared  persons,  who  have 
already  received  a Certificate of  Absence. The issuing of Certificates of  Absence  remains  a 
polarising and sensitive issue. Further progress has been registered regarding land previously 
under military control and now released to its owners (80% of land released since 2010). The 
appointment  as  Army  Commander  in  2019  of  an  individual  facing  credible  allegations  of 
involvement  in  crimes  under  international  humanitarian  law  shows  that  sustained  efforts  in 
these areas are still needed to fully address national reconciliation and UN recommendations. 

There has been progress on the prevention of domestic violence through a legal amendment 
that broadens the scope of the law, simplifies application processes, and increases protection 
and  support  provision.  The  National  Action  Plan  on  prevention  of  domestic  violence  is 
implemented by the National Committee on Women (NCW). In addition, an Action Plan on 
Prevention  of  Sex  and  Gender  Based  Violence  (2016-2020)  is  being  implemented  and  five 
shelters for victims of domestic violence have been set up in collaboration with CSOs.  

The authorities further continued efforts to fight against the sexual exploitation of children. 
These include a new draft Child Protection Policy, an Action Plan in  collaboration with  the 
United  Nations  Children’s  Fund  (UNICEF)  on  ending  violence  against  children,  and 
awareness-raising and training activities on the ground.  

Labour Rights 

In April 2019, Sri Lanka became the second country in Asia to ratify the 2014 ILO Protocol 
to the ILO Forced Labour Convention No 29.     

Substantive progress was made on the eradication of child labour. Sri Lanka has shown strong 
commitment  to  the  elimination  of  child  labour  and  has  managed  to  reduce  it  to  1%  of  the 
children  population.  There  was  also  the  pledge  for  zero  child  labour  by  2022  made  in  the 
context of the UN Sustainable Development Goal 8.  

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. The realisation 
of  this  right  requires  effective  legislation  and  its  application  in  practice.  However,  despite 
repeated requests by the ILO, there is still no specific anti-discrimination law in place, nor a 
law  guaranteeing  prohibition  of  discrimination  with  respect  to  employment  and  occupation. 
The  Government  has  stated 
in 
employment and on equal pay for work of equal value for men and women will be included in 
the new Single Employment Law.  

that  provisions  addressing  discriminatory  practices 

insisted  on 

Employers  and  worker  organisations 
the  need  for  effective  tripartite 
consultations  on  the  reform  of  labour  laws  and  practices.  The  Department  of  Labour  has 
indicated  that  it  was  pursuing  tripartite  consultations  through  the  National  Labour  Advisory 
Council.  The  effective  realisation  of  this  commitment  will  require  the  review  of  the  list  of 
hazardous  child  labour  work,  finalising  other  legislation  such  as  increasing  the  minimum 
working  age,  improving  the  regulation  and  organisation  of  youth  apprenticeships  and  an 
effective and integrated follow-up system on child protection, including at district level. 

3 

 
 
Environment 

Sri  Lanka  has  remained  committed  to  its  international  environmental  obligations,  while 
continuing  to  face  challenges  with  implementation.  Sri  Lanka  has  improved  in  its  reporting 
requirements;  introduced  an  electronic  reporting  system  e-CITES;  created  a  national 
coordination  committee  for  the  Basil  Convention;  and  submitted  climate  change  adaptation 
plans.  Sri  Lanka  has  also  engaged  with  the  CITES  Secretariat  around  aligning  national 
legislation with the Convention on International Trade in Endangered Species of Wild Fauna 
and  Flora  (CITES)  requirements.  The  GSP+  monitoring  mission  noted  the  garment  and 
tourism  industries'  awareness  of  the  importance  of  sustainable  processes  for  long-term 
economic success.  

Good Governance 

In a positive effort to  follow a  coordinated anti-corruption  policy, the Government  put  in 
place  an  Anti-corruption  Strategy  2019-2023.  Sri  Lanka 
implementing  15 
commitments  from  the  Open  Government  Partnership’s  2019-2021  National  Action  Plan, 
including an asset declaration system and the appointment of integrity officers.  

is  also 

Sri  Lanka  also  demonstrates  commitment  to  support  international  drug  control  regimes 
through significant illegal drug seizures and demand reduction programmes, thus attempting 
to address the increased illegal drug traffic flows through the country. However, statements on 
the  possible  implementation  the  death  penalty  for  drug  trafficking  are  worrying  and  are  not 
supported by UN Office on Drugs and Crime (UNODC), and almost universally deemed to be 
unsuitable as a solution to drug trafficking issues.  

Status of ratification and reporting 

Sri  Lanka  maintained  ratification  of  all  27  GSP+  relevant  convention.  The  country  is  up  to 
date  with  all  reporting  obligations,  except  under  one  human  rights  (the  Convention  on  the 
Elimination  of    All  Forms  of  Racial  Discrimination  -  CERD),  one  labour  rights  convention 
(Convention No. 105 on the Abolition of Forced Labour) and two environmental conventions 
(CITES and UN Framework Climate Change Convention - UNFCCC)1.  

1 See Annex for full details.  

4 

 
 
 
 
                                                 
2. Recent Developments 

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 of 19 May 2017. 

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  community 
spiralled into a civil  war from  1983 to  2009. Since the end of the civil  war in  2009, efforts 
were  made  to  address  grievances  between  communities  but  the  root  causes  of  the  conflict 
remain.  

The election of Maithripala Sirisena as President in January 2015 was seen as a turning point, 
reflecting  a  desire  for  change,  and  led  to  the  formation  of  a  National  Unity  Government  in 
August  2015  based  on  an  agenda  of  good  governance  and  national  reconciliation.  The 
Government then 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. 

After initial achievements in delivering reforms, progress has slowed down. Souring relations 
between the parties to the Government – the Sri Lanka Freedom Party (SLFP) and the United 
National Party (UNP) – came to a head in October 2018, when President Sirisena attempted to 
oust Prime Minister Ranil Wickremesinghe and appoint former President Mahinda Rajapaksa 
instead, triggering a constitutional crisis. While a landmark Supreme Court decision reversed 
the President's attempt, the crisis marked the end of the National Unity Government and the 
formation of a UNP Government, relying now on smaller parties for its majority.  

The  Easter  Sunday  attacks  in  2019,  carried  out  by  radicalised  individuals  of  a  Sri  Lankan 
Muslim  group,  the  National  Thowheed  Jamath,  for  which  the  Islamic  State  claimed 
responsibility,  further  degraded  the  already  brittle  relations  between  the  majority  Sinhala 
community  and  Sri  Lanka's  Muslim  minority.  In  the  aftermath  of  the  terrorist  attacks,  there 
were  mob  attacks  against  Muslims.  Other  minority  groups  have  also  come  under  increased 
pressure  and  tensions  between  the  Muslim  community  and  other  minorities  (Catholic  and 
Tamil in particular) increased.    

While  Sri  Lanka  re-engaged  with  the  international  community  in  recent  years  and  made  a 
series of grand commitments to national reconciliation, as articulated in its co-sponsorship of 
Human  Rights  Council  Resolution  30/1  on  Promoting  reconciliation,  accountability  and 
human rights, there has been slow progress in implementing the resolution. In 2019, Sri Lanka 
was granted a further two years to implement its commitments in full. 

Since 2015,  EU-Sri  Lanka  relations have  been  rejuvenated  and  regular dialogue takes place 
under the 1995 Cooperation Agreement, including annual meetings of the Joint Commission 
and  its  working  groups,  including  the  Working  Group  on  Governance,  Rule  of  Law  and 
Human  Rights.  This  was  the  first  time  a  Sri  Lankan  government  has  entered  into  a  human 
rights dialogue with the EU, which is at its fourth iteration in 2019. 

5 

 
 
Presidential elections were held on 16 November 2019, in which Gotabaya Rajapaksa of the 
SLPP  won  the  vote  with  52%  of  the  vote.  National  security  was  a  prominent  theme  in  the 
election  campaign  with  strong  nationalist  rhetoric,  also  related  to  the  terrorist  attacks  on 

EU – Sri Lanka Bilateral Development Assistance 

The Multi-annual  Indicative Programme 2014-2020 for Sri  Lanka (€ 210 million) focuses 
on  integrated  rural  development  and  democratic  governance  and  reconciliation. 
Thematic and regional programmes also provide  Aid for Trade and support for internally 
displaced  persons,  housing  construction,  sustainable  consumption  and  production, 
investments in water and sanitation, and good governance and fundamental rights. Support 
to  the  Justice  sector,  Food  Safety  and  Quality  and  for  Sri  Lanka  implementation  of  its 
Nationally Determined Contribution are in preparation.  

EU  Development  cooperation  supports  Sri  Lanka’s  Trade  capacity  and  strengthens  Sri 
Lanka  compliance  with  core  international  conventions  notably  on  human  rights,  good 
governance, and climate change. 

Trade Related Assistance - € 8 million (2015-2023) 

The  EU  supports  Sri  Lanka  trade  competitiveness  of  Small  and  Medium  Size  Enterprises 
(SMEs) in regional and European Union (EU) markets, and value chains of several food and 
spice commodities, and support the IT Business Process outsourcing (BPO) sector. A major 
milestone achieved during 2018 is the establishment of the National Export Strategy (NES) 
for which the Government allocated USUSD 113 million from its 2018 national budget. The 
challenge now lies in the implementation of the export strategy  - which seeks to diversify 
Sri  Lanka's  export  basket  and  markets.  The  project  also  deals  with  trade  and  non-trade 
barriers, working with the National Trade Facilitation Committee, dealing with sanitary and 
phyto-sanitary (SPS) issues to help maximize the benefit of the GSP+.  

A former Trade Related Assistance project (€ 5.5 million) assisted Sri Lanka in modernising 
the  regulatory  framework  for  trade  and  investment,  and  encouraged  wider  EU-Sri  Lanka 
business linkages and investment - specifically focusing on the sectors of garments, gems, 
and jewelry. 

Easter Sunday 2019,  

The election brought religious and ethnic rifts to the fore. Gotabaa Rajapaksa received large 
support  from  the  Sinhalese  majority,  while  the  incumbent  Sajith  Premadasa  was  largely 
supported by the minorities.  

Former president Mahinda Rajapaksa was appointed Prime Minister together with an interim 
government  of  16  Cabinet  Ministers  until  parliamentary  elections  could  be  held. 
Parliamentary elections are expected to be held in April or May 2020.  

3. EU-Sri Lanka Trade and GSP 

External shocks and a political crisis in late 2018 created challenges to Sri Lankan economy's 
performance.  The  constitutional  crisis  that  began  in  October  delayed  the  2019  budget  and 

6 

 
 
 
intensified market pressures, while concerns arose over the government’s ability to refinance 
upcoming  debt  maturities  in  early  2019.  This  led  to  additional  reserve  losses  and  a  marked 
slowdown in growth (the real GDP growth slowed to 3.2% in 2018). 

Sri Lanka's overall trade grew by 3% between 2017 and 2018 to € 29.1 billion, with an overall 
trade deficit of € 9 billion. In 2018, the EU was Sri Lanka's largest trading partner with 16% 
of the total (€ 4.7 billion), ahead of India (14.6%), China (13.4%) and the USA (10.2%). The 
EU is  by far Sri  Lanka's  main export destination with  over 30% of the total  (€ 2.8 billion), 
followed by the USA (26%) and India (6.6%). In terms of imports, China is the largest source 
with 19%, followed by India (18.5%) and the EU (9.2%). 

Sri Lanka's Foreign Direct Investment (FDI) is expected to have reached an all-time high at 
around USD 2.0 billion in 2018, thanks to the long term leasing of the Hambantota port. FDI 
inflows were channelled largely to projects related to ports, telecommunications, housing and 
property  development,  and  hotels,  while  FDI  inflows  to  the  manufacturing  sector  remained 
moderate. 

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. 

Figures  1-3  below  describe  Sri  Lanka’s’s  utilisation  of  GSP+  in  the  context  of  the  EU's 
overall imports from Sri Lanka2. A majority (84% in 2018) of Sri Lankan imports to the EU 
are  GSP+  eligible.  However,  the  utlilisation  rate  (the  proportion  of  EU  imports  from  Sri 
Lanka  that  actually  benefitted  from  GSP+  preferences)  has  room  for  improvement  at  under 
60%.  Nonetheless,  there  has  been  an  upward  trend  in  utilisation  rates  over  the  past  three 
years.  Sri  Lankan  imports  under  GSP+  are  concentrated  in  apparel  and  clothing  (54%)  and 
rubber (19%).  

Figure 1: Imports to the EU 2016-2018 – GSP+ utilization rate 

2 GSP-statistics only cover goods imported in the EU market, i.e. goods released for free circulation in the EU. 
The GSP statistics do not cover other EU-imports, like goods imported for the customs inward processing 
procedure or re-imports after the customs outward processing procedure 

7 

Sri Lanka - imports to the EU 2016-2018 (M€)201620172018trend 2016-2018Total imports2402.52634.62755.414.7%GSP+ eligible2029.62263.62347.915.7%GSP+ preferential1105.71240.61364.623.4%Utilisation rate54.5%54.8%58.1%6.7% 
 
 
 
 
                                                 
Figure 2: Imports to the EU 2016-2018 by regime 

Figure 3: Product Diversification of GSP+ Preferential Imports, 2018 

Sri Lanka GSP imports to EU 

S-11b apparel and clothing

S-07b rubber

S1b fish, etc

S-04b food preparations

S-16 electric machinery

S20 furniture and toys

S-03 animal and veg oils

other

0%

10%

20%

30%

40%

50%

60%

8 

 
 
 
 
 
 
 
 
 
 
4. Compliance with GSP+ Obligations 

4.1  UN Human Rights Conventions  

Overall,  the  human  rights  situation  in  Sri  Lanka  has  improved  since  2015  and  during  the 
reporting period. In terms of reconciliation and transitional justice, landmark institutions have 
been set up, such  as  an  Office for Missing Persons and an Office  for Reparations, although 
challenges  remain  regarding  their  operational  capacity.  At  the  same  time,  there  has  been 
insufficient progress on a number of issues, such as the continued use of torture and lack of 
accountability; the repeal of the PTA and its replacement with counter-terrorism legislation in 
line with international standards; the full demilitarisation of the former conflict areas; and the 
establishment  of  the  truth  about  the  fate  of  the  missing  and  disappeared  persons  during  the 
civil war and its aftermath. 

Following the election of a National Unity Government in 2015 and the significant opening 
up  of  democratic  and  civil  society  space,  the  Human  Rights  Commission  of  Sri  Lanka 
(HRCSL)  was  reappointed  and  strengthened  as  an  independent  oversight  body.  In  2018  the 
Global Alliance of National Human Rights Institutions accredited the HRCSL with A Status, 
i.e. fully compliant with the Paris Principles. The HRCSL appears to be  well resourced, but 
not  systematically  consulted  by  the  Government. A  National Action  Plan  for  the  Promotion 
and Protection of Human Rights 2017-2022 is in place.  

Emergency  Regulations  (ER)  made  operational  in  the  aftermath  of  the  Easter  Sunday 
bombings,  had  potential  impact  on  several  fundamental  rights  laid  down  in  Sri  Lanka  law. 
The  regulations  also  had  a  bearing  on  the  implementation  of  international  conventions, 
notably the ICCPR. The Regulations were lifted in August 2019. 

The  Government  has  sustained  cooperation  with  the  UN  and  since  2015  has  extended  a 
standing  invitation  to  all  UN  thematic  special  procedures.  Seven  special  rapporteurs  have 
already visited Sri Lanka. In 2018-2019, those included the Independent expert on the effects 
of  foreign  debt  and  other  international  financial  obligations  on  the  full  employment  of  all 
human  rights;  the  Special  Rapporteur  on  the  Right  to  Freedom  of  peaceful  Assembly  and 
Association  (July  2019);  and  the  Special  Rapporteur  on  Freedom  of  Religion  and  Belief 
(August  2019).  The  UN  Sub-Committee  on  the  Prevention  of  torture  (SPT)  visited  in  April 
2019. 

Sri Lanka’s last Universal Periodic Review was in November 2017. Delegations called for the 
establishment of all truth and reconciliation  mechanisms foreseen in  Human Rights  Council 
Resolution 30/1, operationalisation of the Office of Missing Persons, repeal of the PTA, and 
abolition of the death penalty. Sri Lanka accepted 177 recommendations, and noted 53.  

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

The report of the Office of the United Nations High Commissioner for Human Rights on Sri 
Lanka  at  the  40th  session  of  the  Human  Rights  Council  (February-March  2019)3  expressed 
deep concern  at the aggravation of intercommunal tensions, in particular at several attacks 
conducted by militant Buddhist groups targeting cultural, religious, or sexual minorities. 

Intercommunal  tensions  increased  further  in  the  aftermath  of  the  Easter  Sunday  terrorist 
attacks on 21 April 2019, which targeted two Catholic Churches and one evangelical Christian 
church  in  Colombo,  Negombo,  and  Batticaloa  respectively,  as  well  as  three  hotels  in 

3 doc. A/HRC/40/23 

9 

 
 
                                                 
Colombo.  258  people  were  killed  and  over  500  were  injured.  The  Islamic  State  claimed 
responsibility  for  the  attacks,  carried  out  by  radicalised  individuals  from  the  National 
Thowheed Jamath. Three weeks after the Easter Sunday attacks, anti-Muslim violence broke 
out in the North Western Province and the Gampaha police division in the Western Province.  

In May 2019, President Sirisena pardoned the monk Gnanasara Thera, the General Secretary 
of the Sinhala Buddhist organisation Bodu Bala Sena (Army of Buddhist Power). Gnanasara 
Thera received a six-year prison term after being found in contempt of court but only served 
approximately  eight  months  of  his  sentence.  His  pardon  sent  a  worrying  message  to  Sri 
Lanka's  judiciary  and  to  the  country's  Muslim  community  who  have  been  victims  of  mob 
violence instigated by Gnanasara Thera and the Bodu Bala Sena. In addition, hate speech by a 
leader  of  the  Buddhist  clergy  in  mid-June  2019  was  widely  condemned  as  an  incitement  to 
violence against Muslims. 

The  High  Commissioner's  report  also  noted  that  accounts  of  incidents  targeting  Christians 
continued.  Since  January  2018,  a  non-governmental  organization  working  on  freedom  of 
religion  had  documented  86  such  incidents,  including  threats  and  disruption  of  religious 
services. A Methodist prayer center was pelted with stones and firecrackers on 14 April 2019.  

International Covenant on Civil and Political Rights (CCPR) 

UN Special Rapporteur Clément Nyaletsossi Voule visited Sri  Lanka in July 2019 to assess 
rights  to  freedom  of  peaceful  assembly  and  of  association  in  the  country.  The  Special 
Rapporteur  noted  that  Sri  Lanka  had  made  significant  strides  over  the  last  four  years  with 
regard to the democratisation of the country and the enjoyment of human rights of those under 
its  jurisdiction.  This  progress  has  been  marked  by  a  significant  opening  of  civic  space,  the 
reform of state institutions, and earnest steps towards transitional justice and reconciliation. 

According to the Special Rapporteur, it is, however, necessary for the Government to ensure 
that  the  gains  that  it  has  made  with  regards  to  democracy  and  reconciliation  are  not 
undermined by the discriminatory application of legislation,  extremism, or the propagation of 
hate  speech  among  the  public,  both  online  and  offline.  Furthermore,  it  is  important  that  the 
Government act to address the root causes of protests, dealing head on with the issues raised 
by participants in the course of their demonstrations, take steps to identify gaps in legislation 
which may allow for its discriminatory use, and make concerted efforts to close these gaps.  

The  PTA  remains  problematic  for  the  enjoyment  of  the  rights  to  freedom  of  peaceful 
assembly  and  association.  Similar  concern  has  been  expressed  by  civil  society  over  the 
contents of its potential successor, the Counter-Terrorism Act. While it is clear that there are 
legitimate  security  concerns  to  take  into  consideration,  any  law  enacted  with  regards  to 
counter-terrorism  should  be  drafted  in  continuous  consultation  with  civil  society,  who  can 
play an important role in ensuring that the law is human rights compliant and addresses the 
concerns of all sectors of society, including those of the security community.  

In  a  resolution  (A/HRC/40/L.1)  on  promoting  reconciliation,  accountability  and  human 
rights  in  Sri  Lanka,  adopted  without  a  vote  at  the  40th  session  of  the  UN  Human  Rights 
Council  (February  –  March  2019)  and  co-sponsored  by  Sri  Lanka,  the  Council  granted  Sri 
Lanka another two year extension to fully implement the measures identified by the Council 
in its resolution 30/1. The Council requested the Office of the High Commissioner to continue 
to assess progress on the implementation of its recommendations and other relevant processes 
relating  to  reconciliation,  accountability,  and  human  rights  in  Sri  Lanka.  Th  HRC  further 

10 

 
 
 
requested  Sri  Lanka  to  present  a  written  update  to  the  Council  at  its  43rd  session,  and  a 
comprehensive  report,  to  be  followed  by  a  discussion  on  the  implementation  of  Council 
resolution 30/1, at its 46th session. The core group sponsoring the resolution encouraged Sri 
Lanka to accelerate its efforts to achieve the full implementation of the 2015 undertakings on 
the 10th anniversary of the war's end in 2019 by setting up a time bound implementation plan 
and  to  strengthen  its  engagement  with  the  Office  of  the  High  Commissioner  for  Human 
Rights through annual reports. Following the presidential elections of 16 November 2019 and 
the  formation  of  a  new  interim  government,  Foreign  Minister  Dinesh  Gunawardana  has 
announced a review of the resolution.  

The  repeal  of  the  PTA  is  an  important  commitment  under  GSP+  and  UN  HR  Council 
resolution 30/1.  Draft legislation, in the form of  a counter-terrorism act (CTA), on  which 
the UN noted serious shortcomings, was approved by the Cabinet on 25 April 2017 and later 
withdrawn for revision. A revised version was presented to parliament on 9 October 2018. In 
November  2018,  the  Supreme  Court  ruled  that  the  death  penalty  had  to  be  included  in  the 
revised  bill  to  prevent  inconsistencies  with  the  Penal  Code.  The  Supreme  Court  also  found 
that  a  reference  in  the  bill  relating  to  its  compliance  with  the  law,  including  international 
human  rights  instruments  to  which  Sri  Lanka  is  a  party,  was  incompatible  with  the 
Constitution, which does not regard ‘international instruments’ as law.  

The new government of Gotabaya Rajapaksa stated that the current version of the CTA would 
not go through Parliament, since the PTA had proven useful to deal with the terrorist attacks 
last  April.  The  new  government  made  it  clear  that  the  PTA  will  remain  in  place  until  an 
improved draft has a chance to be adopted by Parliament, probably after the April/May 2020 
Parliamentary elections. 

The  draft  counter-terrorism  bill  remains  before  the  relevant  parliament  oversight  committee 
since early 2019. Various hearings have been held, including with civil society. A mechanism 
was  added  to  the  draft  bill  to  ensure  parliamentary  oversight  of  its  implementation.  The 
government has stated the CTA should be ‘in accordance with international standards and best 
practices,  and  conscious  of  Sri  Lanka’s  human  rights  obligations’.  The  future  of  the 
legislation is uncertain following the November Presidential elections. 

The issue of amending the Code of Criminal Procedure (CCP) to ensure that arrested persons 
have access to legal counsel was raised consistently with the Government. The Government's 
position is that the provision in the International Convention for the Protection of all Persons 
from Enforced Disappearance (ICPPED) Act No. 5 of 2018, outlining the right of an arrested 
person to communicate  with their attorney-at-law, applies to any and all arrests, and that an 
amendment  of  the  CCP  is  no  longer  required.  The  relevant  provision  in  the  ICPPED  Act 
states: ‘Any person deprived of liberty shall have the right communicate with and be visited 
by  his  relatives,  attorney-at-law  or  any  other  person  of  his  choice,  subject  only  to  the 
conditions established by written law’. According to the Government, there are no conditions 
prescribed by law limiting this right. 

To  help  the  reconciliation  and  accountability  process,  and  clarify  the  fate  of  thousands  of 
missing persons in the immediate aftermath of the civil war, the Commissioners of the Office 
for  Missing  Persons  were  appointed  in  February  2018.  In  its  first  interim  report  of  August 
2018, the Commission identified a number of challenges in operationalising the Office, which 
is the first mechanism for  transitional  justice. The  Office conducted six consultations with 
stakeholders throughout the country and made progress towards establishing the 12 regional 
offices it plans to open.  

11 

 
 
The  Office  for  Reparations  Act  was  passed  by  Parliament  on  9  October  2018  and  its  five 
Commissioners were appointed for a three year term in April 2019. In the 2019 Budget, the 
Government  has  allocated  LKR.  500  million  to  pay  a  monthly  allowance  of  LKR  6,000 
(~€30)  to  the  families  of  disappeared  persons,  who  have  already  received  a  certificate  of 
absence.  Prior  to  the  approval  of  the  Act,  the  legislation  was  revised  to  give  effect  to  the 
Supreme Court ruling that provisions in the bill requiring the Office for Reparations to assess 
whether a person had suffered a violation of human rights or humanitarian law were contrary 
to the Constitution.  

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. However, the Government temporarily 
blocked  social  media  platforms  in  response  to  anti-Muslim  violence  in  2018  and  2019  and 
following the Easter Sunday attacks in 2019. After the bombings, the reinstatement to active 
duty of a military intelligence officer linked to attacks on journalists, has been condemned by 
local  civil  society  and  international  rights  groups.  Owing  to  the  heavy  militarisation  in  the 
North  and  East  of  the  country,  surveillance  continues  to  be  used  as  a  tool  of  control  and 
intimidation.   

Emergency  Regulations  became  operational  on  22  April  2019  following  the  Easter  Sunday 
terrorist  attacks.  The  regulations,  issued  by  President  Sirisena  under  section  5  of  the  Public 
Security Ordinance,  include  provisions  for  search,  arrest and detention, control of meetings, 
processions and publications, and the requisitioning of private property. The Regulations were 
lifted in August 2019. 

In  April  2019,  award-winning  writer  Shakthika  Sathkumara  was  arrested,  following 
complaints by Buddhist groups claiming that he defamed Buddhism in a story posted on his 
Facebook  page.  The  story  contained  (indirect)  references  to  homosexuality  and  child  abuse 
within the Buddhist clergy.  He is currently out on bail. 

Sri Lanka voted in favour of the UN General Assembly resolution on a universal moratorium 
on the death  penalty in  2018, and is  a  de facto abolitionist state, although the death  penalty 
remains on the statute books and death sentence convictions continue. The debate on the death 
penalty is ongoing with a private members' bill calling for abolition pending in Parliament and 
many politicians and a majority of the population in favour of applying the death penalty.  

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

Sri  Lanka  was  ranked  76th  in  Human  Development  Index  (HDI)  in  2017,  continuing  the 
positive trend and reflecting previous progress on most Millennium Development Goals such 
as  poverty  reduction,  health,  and  environmental  sustainability,  as  well  as  increased  school 
coverage and low maternal and infant mortality rates.  

Following  Sri  Lanka’s  last  (fifth)  periodic  report  from  June  2017,  the  Committee  on 
Economic,  Social,  and  Cultural  Rights  welcomed  a  number  of  implementation  instruments 
and  recommended  expediting  the  constitutional  reform  process,  including  the  adoption  of  a 
comprehensive Bill of Rights, fully incorporating economic, social, and cultural rights.  

Land release remains a key issue for reconciliation and long term peacebuilding efforts. The 
military  has  yet  to  present  a  release  plan  with  benchmarks  and  timelines.  According  to  the 
Foreign Minister's statement before the UNHRC, as of 12th March 2019, the Government has 
released 88.87% (63,257.48 acres) of state land and 92.16% (26,005.17 acres) of private land 

12 

 
 
held  by security forces since May 2009. Total  land released as of 12 March 2019 is  89,262 
acres (up from 81,908 acres as at 31 August 2017).  

There  is  no  substantial  progress  regarding  the  adoption  of  a  comprehensive  anti-
discrimination  law  and  decriminalisation  of  consensual  same-sex  conduct,  following 
recommendations by the Committee.  

Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 
(CEDAW) 
Following  Sri  Lanka’s  last  (8th)  report  in  2017,  the  Committee  on  the  Elimination  of 
Discrimination  against  Women  welcomed  several  positive  legislative  and  implementation 
developments.  The  concerns  of  the  Committee  included  deficiencies  in  the  domestic  legal 
framework  and  discriminatory  provisions  in  several  laws  regulating  ownership  and 
inheritance,  as  well  as  legal  capacity,  marriage,  divorce,  and  child  custody.  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 reform of the Muslim Marriage and Divorce Act (MMDA) has progressed. However, a 
Cabinet-approved  proposal  to  amend  the  MMDA  setting  18  years  as  the  minimum  age  of 
marriage  for  both  men  and  women  still  provides  for  16  to  18-year-olds  to  wed  with  Qazi4 
permission.  Muslim  women  activists  continue  to  highlight  other  issues  with  the  reform 
proposals.  

The 25% quota for women elected in office in Local Government bodies and Parliament, as 
well  as  for  women  on  political  parties’  nomination  papers  for  each  province,  was 
operationalised  in  2018.  Implementation  of  the  National  Human  Rights Action  Plan  (2017-
2021) and its chapter on women’s rights, the National Strategic Plan to Monitor and Combat 
Human  Trafficking,  and  the  National  Action  Plan  to  Address  Sexual  and  Gender-Based 
Violence  (2016-2020)  is  ongoing.  Further  projects  during  the  reporting  period  included 
Gender-Mainstreaming Programmes and Coordinating Officers in each ministry and a policy 
on women-headed households.  

The  prevalence  of  violence  against  women  is  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.  

The Attorney General  approved an amendment  to  the Prevention of Domestic Violence Act 
(2005)  on  29  May  2019.  The  amendment  includes  provisions  on  broadening  the  categories 
and expanding the mandate of persons who can initiate legal action on behalf on an aggrieved 
person;  simplifying  the  application  process;  ensuring  access  to  interim  protection  orders, 
including for dependents; and increasing enforcement and support services. 

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

Sri  Lanka’s  last  (fifth)  periodic  report  was  considered  in  November  2016.  The  Committee 
against Torture raised continued  issues of accountability  for past violations, investigation of 
torture allegations, and fundamental legal safeguards and forced confessions, where follow up 

4 The judge of a Shari’a Islamic court of law. 

13 

 
 
 
                                                 
is still required. Serious concerns were raised at the lack of institutional reform of the security 
sector  and  the  prevailing  impunity  in  cases  of  torture.  The  Committee  recommended  the 
establishment of an independent complaints body for law enforcement. 

The  United  Nations  Working  Group  on  Arbitrary  Detention  visited  Sri  Lanka  in  December 
2017  and  in  September  2018  issued  a  number  of  recommendations  on  the  national  human 
rights framework; criminal justice; the PTA; the rehabilitation of ex-combatants, drug users, 
and women; anti-discrimination measures; and on asylum seekers, refugees, stateless persons, 
and migrants and immigration detention facilities5. 

The final report of the Special Rapporteur on torture notes that while the practice of torture is 
less prevalent today than during the conflict and the methods used are at times less severe, a 
‘culture  of  torture’  persists.  Physical  and  mental  coercion  is  used  against  suspects  during 
interviews by both the Criminal Investigations Department in regular criminal investigations 
and  by  the  Terrorism  Investigation  Division  in  investigations  under  the  PTA.  The  High 
Commissioner was deeply concerned over serious allegations in foreign media about ongoing 
abductions, extreme torture and sexual violence as recently as in 2016 and 2017. The Office 
of the High Commissioner for Human Rights (OHCHR) is exploring options for how best to 
pursue further investigations of these allegations6. The report of OHCHR in March 2019 said 
her  Office  continued  to  receive  credible  information  about  cases  of  abduction,  unlawful 
detention,  torture,  and  sexual  violence  by  Sri  Lanka  security  forces,  which  allegedly  took 
place between 2016 and 2018.  

The Optional Protocol to the CAT, ratified by Sri Lanka on 5th December 2017, entered into 
force on 4th January 2018. Authorities designated the Human Rights Commission of Sri Lanka 
(HRCSL) as the National Preventative Mechanism. According to the HRCSL, 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. The Human Rights 
Commission  was  reaccredited  with  ‘A’  status  by  the  Global  Alliance  of  National  Human 
Rights Institutions in 2018. 

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. 

Prison overcrowding remains a concern and an obstacle for fulfilling the basic human needs 
of detainees. The Government outlined plans to construct new prisons, use drug rehabilitation 
centres, and strengthen the community-based correction system.   

Convention on the Rights of the Child (CRC) 

In  its  concluding  observations  (March  2018)  on  the  fifth  and  sixth  periodic  reports  of  Sri 
Lanka,  the  Committee  noted  that  urgent  attention  was  required  to  address  violence  against 
children, 
including  corporal  punishment,  sexual  exploitation  and  abuse;  economic 
exploitation,  including  child  labour;  administration  of  juvenile  justice;  and  reconciliation, 
truth and justice. 

While noting that the Government had accepted a recommendation issued in the course of the 
Universal  Periodic  Review  in  November  2017,  that  corporal  punishment  should  be 
prohibited  in  all  settings,  the  Committee  remained  deeply  concerned  that  high  numbers  of 
children are subjected to abuse and violence, including corporal punishment; and that corporal 

5 https://undocs.org/A/HRC/39/45/Add.2 
6 https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/018/53/PDF/G1801853.pdf?OpenElement 

14 

 
 
   
 
                                                 
punishment  remains  legal  in  the  home,  alternative  care  settings,  penal  institutions,  and 
schools. 

A high number of cases of sexual exploitation and abuse of children, including in alternative 
care institutions, religious institutions, the community, and the home, continue to be reported.  
This  is  in  addition  to  child  prostitution  and  online  child  sexual  exploitation  and  abuse, 
including child pornography, with regard to which a climate of impunity frequently prevails.  

While Sri Lanka has made efforts to eliminate child labour, including the National Policy on 
Elimination  of  Child  Labour,  the  Committee  noted  with  deep  concern  that  a  considerable 
number  of  children  are  economically  active,  including  as  street  vendors  and  in  domestic 
service,  agriculture,  mining,  construction,  manufacturing,  transport,  and  fishing;  and  that 
children are reportedly trafficked for the purposes of forced domestic work. 

The  Committee  recommended  that  the  Government  take  steps  to  ensure  the  Convention  is 
transposed  into  its  national  legislation  to  ensure  applicability  of  all  its  principals  and 
provisions,  expedite  the  bill  on  judicial  protection  for  children,  and  ensure  that  domestic 
legislation, including customary laws, are in compliance with the Convention.   

The National Child Protection Authority (NCPA) has finalised a new Child Protection Policy. 
A  five-year  national  implementation  plan  was  to  follow  in  the  second  quarter  of  2019. 
Furthermore, the government, in partnership with UNICEF, is drafting a National Action Plan 
for National Partnership to End Violence against Children, which was expected to be finalised 
for implementation in 2019. The government is also developing a draft National Action Plan 
on Child Abuse and Sexual Exploitation.  

Practically,  the  NCPA  runs  public  awareness  programmes  focused  on  the  tourism  industry 
and estate/ plantation sector; cyber safety programmes to increase capacity on identifying and 
investigating online violence  against children;  manuals  and training  for law enforcement on 
child  trafficking;  vocational  training  for  youth  over  16  years  old  in  the  hospitality  industry; 
and a 24/7 children helpline available in three languages.  

Conclusions and priorities 

Sri  Lanka  has  continued  to  make  progress  on  human  rights  in  the  past  two  years.  It  is  of 
particular  importance  to  consolidate  and  preserve  these  achievements,  notably  in  the  new 
political context. The EU will continue to monitor the evolution of the situation. 

After 2015, Sri Lanka 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 began but stalled. Action is underway towards transitional 
justice  and  remedy  for  families  of  victims  for  enforced  disappearances.  A  national  human 
rights action plan has been prepared; 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  has  engaged  with  the  UN  system.  With  the  co-sponsorship  of  UNHRC 
Resolution  30/1,  Sri  Lanka  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  on  bringing 

15 

 
 
perpetrators of war crimes to justice and resolving longstanding emblematic cases. It will be 
important  that  the  new  presidential  administration  remains  fully  committed  to  the  full 
implementation of UNHRC Resolution 30/1 on promoting reconciliation, accountability, and 
human rights in Sri Lanka. 

The  Government  still  has  to  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) remains in place.  Legislation to replace 
the  PTA  that  aims  to  be  in  line  with  international  human  rights  law,  including  ICCPR  and 
CAT,  has  been    discussed  at  Parliament,  but  stands  little  chance  to  go  forward.  The 
Government should ensure that torture allegedly committed by the police and security forces 
comes to an end, that perpetrators are brought to justice, and should implement its policy of 
zero-tolerance  to  the  use  of  torture.  This  is  essential  in  addressing  reports  of  prevalent 
impunity in most cases of torture. 

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 equipped 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 significant 
progress  has  been  made  in  the  return  of  land  in  the  former  conflict  areas,  the  Government 
should finalise this process. In 2019, the legislative base for the Reparations Commission has 
been enacted and Commissioners appointed.  

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 LGBTQI community. 

4.2  ILO Labour Rights Conventions  

Freedom of Association and Collective Bargaining  

Key outstanding labour legislation shortcomings related to the fundamental rights at work  as 
reported  by  the  ILO  are:  (1)  ensure  access  to  judicial  complaints  in  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;  (3)  address  compulsory  arbitration  for  collective  disputes;  and  (4) 
strengthen  further  freedom  of  association  and  collective  bargaining  in  export  processing 
zones.  

Following  the  observations  made  by  the  ILO,  the  Ministry  of  Labour  and  Trade  Union 
Relations  is  in  the  process  of  amending  existing  legislation  to  raise  the  minimum  age  of 

16 

 
 
 
 
employment from 14 to 16 years in order to eliminate the discrepancy between the minimum 
age of employment (14 years) and minimum age for trade union membership (16 years).  

The ILO also 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. According to 
the  data  provided  by  the  authorities  in  2019,  there  are  268  companies  active  in  12  EPZs 
employing  137.000  workers.  Trade  unions  have  been  registered  in  33  companies  in  these 
EPZs and seven company collective agreements have been concluded.  

With  ILO's  technical  assistance,  a  gap  analysis  of  labour  legislation  in  relation  to  the  ILO 
Conventions has been carried out, resulting in establishment of the National Labour Advisory 
Council  as  a  national  tripartite  consultative  mechanism.  Work  relating  to  reforming  of  the 
National Labour Advisory Council, in particular with regard to how it will address the issues 
of application of the Convention with respect to workers in the Free Trade Zones (FTZs), has 
been initiated with technical assistance of the ILO.  

The Government has stated it is making efforts to restructure the  labour inspection system 
with ILO assistance, develop the prevention side of labour inspection, promote qualifications 
of labour inspection staff, and increase the number of both female and male labour inspectors.  

Further  actions  are  also  required  to  ensure  adequate  protection  from  anti-union 
discrimination.  The  International  Trade  Union  Confederation  (ITUC)  and  the  Free  Trade 
Zones and General Services Employees Union (FTZ and GSEU) have reported allegations of 
anti-union dismissals in EPZs, acts of interference in union activities including the creation of 
parallel  workers'  organizations  controlled  by  the  employers,  and  the  refusal  to  recognise 
unions  and  bargain  collectively.  Sri  Lanka  also  needs  to  ensure  the  effectiveness  and 
expeditiousness  of  the  procedures  on  unfair  labour  practices,  which  encompass  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,  the  use  of  out-of-court  settlement 
mechanisms should be encouraged, in particular in the public sector, to which the Industrial 
Disputes Act does not apply. The Government has indicated that work on the mechanism for 
dispute prevention and settlement in the public sector will continue, with technical assistance 
from the ILO and support of the Ministry of Public Administration. 

The high minimum requirement for trade union  representativeness of 40% to  negotiate 
collective  agreements  remains  a  concern.  The  Committee  has  recommended  that  in  cases 
where such a share of representativeness cannot be achieved, trade unions should be given the 
possibility  jointly  or  separately  to  bargain  collectively,  at  least  on  behalf  of  their  own 
members. These amendments to section 32(A)(g) of the Industrial Disputes Act are needed to 
secure and promote the full development and utilisation of collective bargaining. 

Recently,  concerns  have  been  raise  by  trade  unions  and  civil  society  organisations  that  the 
draft Counter Terrorism  Act includes the possibility to classify strikes as  terrorist  acts. The 
government has highlighted that consultations are still ongoing and that is not the intention to 
classify strikes as criminal acts.        

Abolition of Forced Labour (Conventions 29 and 105) 

In April 2019, Sri Lanka became the second country in Asia to ratify the 2014 Protocol to the 
ILO Forced Labour Convention 29.  The convention will enter into force in April 2020.  The 

17 

 
 
 
Protocol  strengthens  the  protection  against  modern  forms  of  forced  labour  including 
trafficking.  

Sri  Lanka  is  confronted  with  labour  shortages  and  is  recruiting  foreign  workers.  Preventing 
and addressing possible exploitation and ensuring the respect of fundamental rights at work of 
migrant workers in Sri Lanka will require a coordinated and coherent approach involving all 
relevant departments and services.    

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

The  Government  is  committed  to  eradicating  child  labour  and  there  has  been  a  significant 
decrease in  child labour in Sri Lanka. Children engaged in child labour represent 1% of the 
total child population (43,714 children).  

Sri  Lanka  has  made  the  pledge  for  zero  child  labour  by  2022  in  its  National  policy  on 
Elimination  of  Child  Labour.  The  effective  realisation  of  this  commitment  will  require 
additional efforts both at national, sector and district level. Therefore, it is important to sustain 
the efforts to continue to eliminate child labour, including in hazardous work.  

Sri  Lanka  also  intends  to  increase  the  minimum  working  age  from  14  to  16  years.  The 
Government  reports  that  the  new  minimum  working  age  is  expected  to  be  effective  from 
2020.  The  laws  that  the  Ministry  is  in  the  process  of  amending  include  the  Employment  of 
Women, Young Persons and Children Act  No. 47 of 1956, the Shop and Office Employees 
Act  No.  15  of  1954,  the  Factory  Ordinance  No.  45  of  1942,  and  the  Employees'  Provident 
Fund Act No. 15 of 1958. 

Nevertheless,  there  are  some  outstanding  legislative  gaps  on  hazardous  forms  of  child 
labour.  Current  legislation  identifies  51  occupations  and  working  conditions,  but  not 
activities,  which  fall  into  the  category  of  hazardous  labour.  Furthermore,  there  is  no 
specification of hours of work for different  age  groups,  maximum  weight  a child can carry, 
maximum height to which a child can ascend, or prescribed leisure hours. In order to respond 
to  these  issues,  the  Department  of  Labour  appointed  a  committee  to  review  the  list  of 
hazardous work occupations. The government has prepared a proposal to increase the existing 
list of hazardous situations of employment to 77. The proposed regulation has been submitted 
for approval of the Cabinet of Ministers in August 2019, but has not yet been adopted. 

The  ILO  has  urged  Sri  Lanka  to  strengthen  its  efforts  to  combat  child  sex  tourism  and  to 
ensure that the perpetrators are brought to justice. According to the Government, the National 
Child  Protection  Authority  (NCPA)  has  finalised  the  Child  Protection  Policy  of  Sri  Lanka 
(CPPSL), which addresses all forms of physical and mental abuse against children and details 
the  Zero  Tolerance  Policy  regarding  the  sexual  exploitation  of  children,  including  child  sex 
tourism. Cabinet approval for the draft protection policy is pending. The CPPSL and its Five 
Year Implementation Plan would be launched after cabinet approval. The Government further 
reports  that  the  Cyber  surveillance  unit  in  the  NCPA  has  been  strengthened  and  more 
resources (Rs 0.5 million) would be allocated for it in 2019. 

Children  working  in  the  informal  sector  remain  out  of  the  scope  of  legal  protection.  Sri 
Lanka has been encouraged to 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 

18 

 
 
 
sector,  including  in  rural  areas.  The  Government  reports  that  plantation/estate  sector 
programmes  educating  and  empowering  public  officers  and  civil  society 
the 
estate/plantation  sector  to  ensure  protection  of  children  in  the  sector  have  been  operational 
since 2017. 

in 

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, the 
realisation of this right requires effective legislation and remedies. Despite repeated requests 
by the ILO, there is still no specific anti-discrimination law in place, nor a law guaranteeing 
prohibition of discrimination with respect to employment and occupation. The ILO continues 
to  express  concerns  about  the  absence  of  legislation  ensuring  equal  remuneration  for  men 
and women for work of equal value and the absence of effective protection of workers against 
sexual  harassment.  The  absence  of  discrimination  and  sexual  harassment  cases  may  also 
reflect  the  lack  of  an  appropriate  legal  framework  and  practical  difficulties  of  access  to  the 
procedures. 

National  legislation  does  not  prohibit  discrimination  on  the  grounds  of  national  extraction 
(leaving  e.g.  incoming  migrant  workers  in  a  vulnerable  position)  or  colour  and  does  not 
specifically prohibit both direct and indirect forms of discrimination. The ILO has urged the 
Government  to  introduce  specific  legislative  provisions  to  ensure  that  all  men  and  women, 
citizens  and  non-citizens,  are  effectively  protected  from  both  direct  and 
indirect 
discrimination.  The  Government  considers  that  ‘the  need  to  introduce  special  provisions  to 
existing  national  labour  legislation  to  address  non-discrimination  issues  has  not  arisen  yet’. 
However,  the  Government  reports  that  additional  non-discrimination  provisions  will  be 
included in the Single Employment Law currently discussed with social partners.  

The  labour  market  participation  of  women  remains  very  low  in  comparison  with  that  of 
men. In 2017, women represented only 37.3% of the economically active population (against 
62.7%  for  men)  and  despite  steady  economic  growth,  the  employment  rate  of  women 
remained low at 36% in 2017, with more than one third of working women employed in the 
informal  economy,  characterised  by  low  wages.  Owing  to  the  lack  of  equal  access  to 
employment,  Sri  Lankan  women  continue  to  be  drawn  into  becoming  domestic  migrant 
workers. 

Regarding assessment of gender pay gap, the ILO has noted that the statistical information 
forwarded  by  the  Government  does  not  allow  for  an  assessment  of  the  application  of  the 
principle  of  the  Convention  in  practice.  A  2016  survey  by  the  Statistics  Division  of  the 
Department of  Labour, however, reports that the average earnings of women are lower than 
those of men in almost all economic sectors, even in the same occupational categories. 

Taking  into  consideration  the  wide  gender  gap  and  the  persistent  gender  segregation  in  the 
labour  market,  the  ILO  has  requested  the  Government  to  take  more  proactive  measures, 
including with employers and workers' organizations, to raise awareness, make assessments, 
and promote and enforce the application of the principle of equal remuneration for men and 
women for work of equal value. It remains important to address the gender remuneration gap 
by identifying and addressing the underlying causes of pay differentials such as vertical and 
horizontal  job  segregation  and  gender  stereotypes,  covering  both  the  formal  and  informal 
economy,  and  by  promoting  women's  access  to  a  wider  range  of  jobs  with  career  prospects 
and higher pay. 

19 

 
 
Another  challenge  is  the  limited  application  of  the  National  Minimum  Wage  Act  No.  3  of 
2016, which sets a national minimum wage. The Act does not cover workers in the informal 
economy,  those  not  unionised,  those  on  daily  wages  (e.g.  plantation  workers)  and  domestic 
workers, which are sectors characterized by a high proportion of women and particularly low 
wages.  

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. 

The  Government  has  indicated  that  the  establishment  of  childcare  facilities,  as  well  as 
encouraging more flexible work arrangements and promoting men's roles and responsibilities 
in childcare, is underway. The efforts already undertaken in this field should be sustained.  

The  government  intends  to  consider  ratification  of  the  Domestic  Workers  Convention 
(C189) as indicated in the National Action Plan for the Protection and promotion of Human 
Rights  2017-2021. As  a  precursor, in  2018 the Cabinet of Ministers  approved proposals  for 
improving the labour protection of domestic workers. The proposed legal texts are currently 
going through the legislative process.  

Conclusions 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  fundamental  ILO  Conventions.  Particularly 
important is the fulfilment of reporting obligations to the ILO.  

On some of  the most pertinent  issues, the authorities consider actions.  On child labour, the 
list of hazardous occupations is in the process of being revised and the government has made 
the  pledge  for  zero  child  labour  by  2022.  The  government  intends  to  include  explicit 
provisions  on  non-discrimination  in  employment  and  on  equal  pay  for  men  and  women  for 
work of equal value and to institutionalise the National Labour Advisory Council.   

There is an opportunity to improve collective bargaining and freedom of association through 
the Sri Lanka Decent Work Country Programme (2018-2022). However, more commitment is 
needed  to  address  shortcomings  identified  by  the  ILO.  These  are  in  particular:  measures 
ensuring  that  compulsory  labour  is  not  imposed  as  a  penalty  for  peaceful  participation  in 
strikes  or  expressing  political  opinions,  lowering  the  minimum  requirement  of  40%  to 
negotiate  collective  agreements,  and  ensuring 
that  workers  victim  of  anti-union 
discrimination can lodge a complaint before the judicial courts.  

4.3  UN  Conventions  on  Environmental  Protection  and  Climate 

Change  

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

Sri Lanka has been a party to the Convention since 1979, but is yet to introduce national laws 
implementing  CITES  in  the  country.  Implementing  CITES  would  help  close  loopholes  that 
allow Sri Lanka to be used as a wildlife trafficking route. Sri Lanka's national legislation, e.g. 

20 

 
 
Fauna  and  Flora  Protection  (Amendment)  Act,  No.  22  of  2009  and  Customs  (Amendment) 
Act.  No.  2  of  2003,  does  not  provide  adequate  legal  provisions  for  apprehending  illicit 
wildlife trafficking taking place in Sri Lanka. 

Sri  Lanka  is  still  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 
has  submitted  a  timeline  for  this  work,  but  has  not  been  able  to  maintain  it.  The  CITES 
Secretariat  reports  in  2018  that  draft  legislation  has  been  prepared  and  submitted  for 
enactment  and  implementing  regulation  is  under  development.  Next  steps  require  the 
enactment  of  the  draft  legislation,  and  an  agreement  on  the  legislative  analysis,  which  may 
include possible Category 1 status7 . 

Sri Lanka continues to be an advocate for the anti-poaching cause in the region, being the first 
South Asian nation to publicly destroy ivory obtained through elephant poaching. Sri Lanka 
planned to host the Committee of the Parties (CoP18) in May 2019 until the meeting had to be 
rescheduled following the Easter bombings.  

Basel Convention 

Import and transit of waste is restricted, and export is carried out under convention provisions. 
Sri Lanka has no facilities for hazardous waste disposal.  

Sri  Lanka  ratified  the  amendment  to  the  Basel  Convention  (Decision  III/1),  while  national 
legislation for implementation of Basel Convention is yet to be prepared. A Cabinet decision 
has been taken to prohibit importation of List A waste from all countries and to keep the List 
B waste as the controlled list, to take decisions on case by case basis. Regulations have been 
published under Import and Export Control Act in order to control the importation of waste. 

Convention on Biological Diversity (CBD) 

There are no significant developments during the reporting period.  

Stockholm Convention on Persistent Organic Pollutants 

Sri Lanka drafted a National Implementation Plan (NIP) under the Stockholm Convention on 
POPs,  under  the  guidance  of  Global  Environment  Facility  (GEF)/  the  United  Nations 
Environmental  Programme  (UNEP).  Sri  Lanka  transmitted  its  NIP's  second  update  in  May 
2018. The updated NIP addressed ‘a change in national priorities’ and ‘a significant change in 
national circumstances’. 

Cartagena Protocol on Biosafety 

The  Ministry  of  Mahaweli  Development  and  Environment  has  begun  work  towards 
supporting  Sri  Lanka's  implementation  of  the  National  Biosafety  Framework  in  accordance 
with the Cartagena Protocol, with GEF as its resource partner and with technical support from 
the Food and Agriculture Organization of the United Nations (FAO). 

7 Category 1 legislation is believed generally to meet the requirements for implementation of CITES. 

21 

 
 
                                                 
Conventions on Climate Change 

Sri  Lanka  has  ratified  the  Montreal  Protocol,  which  seeks  to  cut  the  production  and 
consumption  of  hydrofluorocarbons,  and  is  up  to  date  on  reporting.  Sri  Lanka  ratified  the 
October 2016 Kigali Amendment to the Montreal Protocol on 28 September 2018.  

Sri  Lanka  submitted  its  1st  Nationally  Determined  Contribution  (NDC)  in  November  2016. 
The NDC intends to reduce the greenhouse gas emissions against business as usual scenario 
by  20%  in  the  energy  sector  (4%  unconditionally  and  16%  conditional  to  international 
support)  and  by  10%  in  other  sectors  (transport,  industry,  forests,  and  waste)  of  which  3% 
unconditionally and 7% conditionally by 2030.  

Conclusions and priorities 

Sri  Lanka  has  remained  committed  to  its  international  environmental  obligations,  while 
continuing  to  face  challenges  with  implementation.  Authorities  have  continued  to  face 
problems  with  reporting  under  environmental  conventions.  However,  the  authorities  have 
engaged  with  the  CITES  secretariat  around  aligning  national  legislation  with  CITES 
requirements.  

4.4 UN Conventions on Good Governance  

International Drug Control Conventions 

Sri Lanka has an increasing drug problem. Narcotics continue to be smuggled into Sri Lanka 
on a large scale via sea routes from South India and from Pakistan. The government remains 
committed  to  targeting  drug  traffickers  and  implementing  nationwide  demand  reduction 
programmes.  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 seizures of 
narcotic drugs by Sri Lankan authorities.  

Sri Lanka has supported the United Nations Office on Drugs and Crime (UNODC) initiative 
to  establish  a  South  Asian  Regional  Intelligence  Coordination  Centre  (SARICC)  on 
transnational organised crime to strengthen law enforcement cooperation among South Asian 
states.  The  Cabinet  of  Ministers  and  the  Attorney  General  approved  the  establishment  of 
SARICC and are awaiting signature by the Minister in charge of Policing. 

According to the latest data, most opiates are reportedly trafficked into Sri Lanka from India 
and  Pakistan.  Seizures  of  heroin  carried  out  in  the  years  prior  to  2017  do  not  allow  for  a 
conclusive assessment of a particular trend, given significant year-to-year fluctuations. At the 
same  time,  in  July  2018  alone,  the  country’s  Police  Narcotics  Bureau  seized  103.9  kg  of 
heroin in one of the department’s biggest drug seizures ever.  

As regards cannabis, Sri Lanka seized almost 5 t of cannabis herb in 2017. This represents a 
20 per cent increase compared with 2016, making  cannabis herb the narcotic drug seized in 
the largest quantity in the country during the period 2012 - 2017. Cannabis herb used in Sri 
Lanka  is  reportedly  grown  locally  or  trafficked  into  the  country  from  Kerala  State  in  India. 
With regard to cannabis  resin, there  are limited but increasing  amounts seized over the past 
five  years  (from  less  than  500  g  seized  in  2012  to  more  than  40  kg  seized  in  2016).  In 
addition, 23 out of 28 major cases of non-medical use of pharmaceutical preparations (ranging 
from  the  sale  or  possession  of  6  to  70,000  capsules  per  case)  detected  by  the  National 

22 

 
 
     
Medicines  Regulatory  Authority  in  2017  involved  tramadol;  the  other  5  were  related  to 
pregabalin.  

Residential care, treatment, and rehabilitation services are offered by four governmental and 
nine non-governmental service providers. The primary substance for which patients received 
treatment across providers operating in Sri Lanka was heroin (92% of all patients), followed 
by cannabis (69% of patients), indicating a significant level of poly-drug use.  

An International Narcotics Control Board (INCB) mission visited Sri Lanka on 25-28 March 
2018,  with  the  objective  to  review  the  drug  control  situation  in  Sri  Lanka  and  the  full 
implementation  of  the  three  international  drug  control  conventions  to  which  Sri  Lanka  is  a 
party, including reporting to and cooperation with INCB in accordance with the Conventions. 
The  actions  by  the  Government  to  counter  drug  trafficking,  to  prevent  drug  abuse,  and  to 
provide treatment and rehabilitation for drug dependent persons were also discussed. During 
its 125th session in Vienna in May 2019, the INCB agreed on recommendations to convey to 
the  government  of  Sri  Lanka  with  a  view  to  safeguarding  health  and  well-being  through 
improved implementation of the three international drug control conventions. 

Former  President  Sirisena  indicated  displeasure  over  convicted  drug  dealers  engaged  in 
enterprise from prison and announced that the moratorium on the implementation of the death 
penalty  for  drug  trafficking  might  be  lifted.  In  this  regard,  the  EU  made  a  statement  on  27 
June  2019,  stressing  that  such  a  move  would  directly  contradict  Sri  Lanka’s  commitment 
taken  at  the  73rd  United  Nations  General  Assembly  in  December  2018  to  maintain  the 
moratorium on death penalty. Resuming the death penalty would send a wrong signal to the 
international community, investors, and partners of the country.  

As  part  of  the  United  Nations  Secretariat,  the  UNODC  recalled  on  the  same  day  (27  June 
2019),  in  response  to  enquiries  regarding  reports  from  Sri  Lanka  on  the  application  of  the 
death penalty for four individuals convicted of drug related offences, that it does not support 
the use of the death penalty.  In November 2018, the INCB encouraged all States that retain 
the death penalty for drug related offences to commute death sentences that have already been 
handed down and to consider the abolition of the death penalty for drug related offences.  In 
December 2018, more countries than ever before - 121 Member States - supported a General 
Assembly resolution calling for a moratorium on the use of the death penalty.  

UN Convention against Corruption (UNCAC) 

The  latest  UNCAC  review  report  on  Sri  Lanka  was  finalised  and  published  in  September 
2018. The report highlighted measures to promote the participation of civil society, including 
through the Open Government Partnership, as good practices, but called for implementation 
of  an  effective,  coordinated  anti-corruption  policy  with  clearly  stated  goals  and  means  to 
achieve  them.  The  findings  and  recommendations  from  both  review  cycle  reports  have 
contributed  to  the  drafting  and  finalising  of  the  national  anti-corruption  strategic  policy 
document and to the legislative capacity building by identifying the most relevant laws, which 
have been drafted and are pending in the Parliament. 

The government and the President had anti-corruption measures among their main priorities 
and  set  up  the  Commission  to  Investigate  Allegations  of  Bribery  or  Corruption  (CIABOC), 
tasked to take measures to fully implement the UNCAC in Sri Lanka. CIABOC reports that in 
2018 it investigated 2,157 of the 3,465 complaints received. In 2018, CIABOC also engaged 
in  amending  a  number  of  important  anti-corruption  legislation,  e.g.  on  establishing  the 
integrity officers' network throughout  the public  sector and on establishing a more effective 
system of asset disclosures for public officials. Most notably, the CIABOC led the drafting of 

23 

 
 
 
the comprehensive National Anti-Corruption Strategy (2019-2023). The Strategy was publicly 
endorsed  by  the  President,  executive  power,  legislature  and  judiciary  at  its  inauguration  in 
March 2019.  

The United Nations Office on Drugs and Crime (UNODC) released its country report on Sri 
Lanka  in  June  2018.  In  the  report,  UNODC  gave  a  number  of  recommendations,  including 
enhancing  the  independence  and  effectiveness  of  CIABOC,  as  well  as  continuing  efforts  to 
adopt a more structured approach towards the prevention work of CIABOC. The report also 
identified technical assistance needs in improving implementation of the Convention, namely 
legislative assistance, institution building, policy making, capacity building and research/data 
gathering and analysis. 

A  vast  network  of  organisations  are  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). 
A PRECIFAC  report was forwarded to  Parliament,  but  thereafter no action is  reported. 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  is  currently 
implementing  15  commitments  from  their  2019-2021  National  Action  Plan.  Among  the 
commitments are appointing integrity officers to decrease bribery and corruption, as well as 
improving asset disclosure through an asset declaration system. 

Sri Lanka's ranking in Transparency International's Corruption Perception in 2018 was 89 out 
of 180 countries, a slight improvement  compared to 2017 when it was ranked 91st. 

Conclusions and priorities 

In  a  positive  effort  to  follow  a  coordinated  anti-corruption  policy,  the  Government  put  in 
place  an  Anti-corruption  Strategy  2019-2023.  Sri  Lanka  is  also  currently  implementing  15 
commitments  from  the  Open  Government  Partnership’s  2019-2021  National  Action  Plan, 
including an asset declaration system and the appointment of integrity officers.  

The authorities have also continued their significant  efforts to  aid  illegal drug seizures and 
implement  demand  reduction  programmes,  thus  attempting  to  address  the  increased  illegal 
drug traffic flows through the country. However, intentions to implement the death penalty for 
drug trafficking are a worrying development and are not supported by UNODC and almost 
universally deemed not to be a solution to drug trafficking issues.  

24 

 
 
ANNEX 

Sri Lanka – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations8 

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 

Ratified 

No reporting obligations 

No reservations 

Ratified: 18.02.1982 

Lack of compliance with reporting obligations 

No reservations 

Last report submitted on 15.10.2015. 

Next report was due on 20.03.2019. 

Ratified: 11.06.1980 

Compliant with reporting obligations 

No reservations 

Last report submitted on 22.02.2019. 

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, Direct Request 2017. 

Last report received in 2019. 

Ratification:1995 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2018; Direct Request 
2018. 

Latest (regular) report received in 2018. 

Next report due in 2021.  

Ratification: 1972 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2018. 

Latest (regular) report received in 2018.  

Last report (out of cycle) received in 2019. 

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

25 

 
 
 
                                                 
11. Convention concerning 
Equal Remuneration of Men 
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 

Ratification: 1993 

Compliant with reporting obligations 

Next regular report due in 2021. 

Latest CEACR comments: Observation 2018; Direct Request 
2018. 

Next report due in 2020.  

Ratification:2003 

Lack of compliance with reporting obligations 

Latest CEACR comments: Direct Request 2017. 

Latest report was due in 2019 (requested). 

Next regular report due in 2022. 

Ratification: 1998 

Compliant with reporting obligations 

Latest CEACR comments: Observation, Direct Request 2018. 

Next report due in 2020.  

Ratification: 2000 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2017. 

Last report received in 2019.  

Next report due in 2022. 

Ratification: 2001 

Compliant with reporting obligations 

Latest CEACR comments: Observation, Direct Request 2017. 

Last report received in 2019. 

Next report due in 2022.  

16. CITES 

Accession: 04.05.1979 

Lack of compliance with reporting obligations 

No reservations 

Last (2017) Annual Report submitted on 24.11.2018. 

Next (2018) Annual Report due 31.10.2019.  

No Biennial or Implementation Reports submitted to date.9  

No Annual Illegal Trade report submitted to date.10  

17. Montreal Protocol 

Accession: 15.12.1989 

Compliant with reporting obligations 

No reservations 

Most recent data for 2016 was submitted. 

No more recent reporting data is available. 

18. Basel Convention 

Ratification: 28.08.1992 

Compliant with reporting obligations 

No reservations 

Latest (2017) Annual Report submitted on 07.02.2019.  

No data on 2018 Annual National Report available. 

19. Convention on 
Biological Diversity 

Ratification: 21.06.1994 

Compliant with reporting obligations 

No reservations 

Last (Sixth) National Report published on 02.04.2019.  

National Biodiversity Strategy and Action Plan updated on 

9 Reporting mandatory, but not subject to compliance procedure. 
10 As above.  

26 

 
 
                                                 
20. UN Framework 
Convention on Climate 
Change 

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. 

17.10.2016. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 28.04.2004 

Compliant with reporting obligations 

No reservations 

Last (Third) National Report submitted on 01.12.2015. 

Third National Communication due in 2016. 

Biennial Update Report for 2014, 2016, and 2018 due. 

Next (Fourth) national report due on 01.10.2019.  

Interim National Report (2005) is due. 

22. Stockholm Convention 

Ratification: 22.12.2005 

Compliant with reporting obligations 

No reservations 

Latest (Fourth) National report submitted on 18.03.2019. 

23. Kyoto Protocol 

Ratification: 03.09.2002 

No reporting obligations 

No reservations 

24. UN Single Convention 
on Narcotic Drugs 

Ratification: 11.07.1963 

No reservations 

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

25. UN Convention on 
Psychotropic Substances 

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

27. UN Convention against 
Corruption 

Ratification: 15.03.1993 

INCB mission took place 25-28 March 2018. 

No reservations 

See report of the INCB for 2018.  

Ratification: 06.06.1991 

No reservations 

Ratification: 31.03.2004 

No reservations 

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

Latest executive summary and country report published 
28.05.2018. 

27