JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Democratic Socialist Republic of Sri Lanka covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022
Date: 2023-11-21
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Sri Lanka, common commercial policy, development aid, 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, 21.11.2023  SWD(2023) 366 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Democratic Socialist Republic of Sri Lanka covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022 {JOIN(2023) 34 final} - {SWD(2023) 359 final} - {SWD(2023) 360 final} - {SWD(2023) 361 final} - {SWD(2023) 362 final} - {SWD(2023) 363 final} - {SWD(2023) 364 final} - {SWD(2023) 365 final} - {SWD(2023) 367 final} - {SWD(2023) 368 final}  
 
 
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA  

1.  SUMMARY ASSESSMENT 

During the reporting period 2020-2022, the Democratic Socialist Republic of Sri Lanka 
(Sri  Lanka)  engaged  seriously  with  the  EU  through  regular  exchanges  on  GSP+ 
compliance issues. The monitoring cycle was marked by a number of developments, and 
therefore this report mirrors the complex situation in Sri Lanka. On the one hand, Sri Lanka 
withdrew in 2020 from the co-sponsorship of the UN Human Rights Council Resolution 
adopted  in  2015.  On  the  other  hand,  against  the  background  of  a  severe  economic  and 
financial crisis, protests and social movements led to a peaceful Presidential transition in 
2022.  

Sri Lanka is seeking to mitigate the impact of a deep economic and financial crisis on the 
most  vulnerable  parts  of  the  population,  on  labour  rights  as  well  as  on  environmental 
standards and its new administration has committed to improve good governance and to 
fight corruption. Yet, while efforts have been made to bring Sri Lanka’s counterterrorism 
legislation in line with international standards  and to promote reconciliation and human 
rights, challenges remain. As Sri Lanka continues on the path of economic and political 
reform, the democratic and open spirit of the 2022 protests should not be reversed.  

1.1.  Priorities and Monitoring 

identified  for 

include 
The  main  priorities 
counterterrorism  legislation  in  accordance  with  international  standards,  reconciliation, 
accountability and human rights, the continuation of the de facto moratorium on the death 
penalty, implementation of zero tolerance on child labour, and the establishment of a robust 
anti-discrimination and anti-corruption framework.  

this  monitoring  cycle  (2020-2022) 

The EU conducted a monitoring mission to Sri Lanka from 24 September to 5 October 
2021, the first GSP+ beneficiary to be visited after the onset of the COVID-19 pandemic. 
The mission was essential to assess the human rights situation, with  some focus on the 
Prevention of Terrorism Act, and the labour rights situation (1).  On 28 October 2022, the 
sixth  meeting  of  the  EU-Sri  Lanka  Working  Group  on  Governance,  Rule  of  Law  and 
Human Rights took place in Colombo (2) and addressed matters of GSP+ monitoring in 
the  areas  of  human  and  labour  rights.  The  Working  Group  was  preceded  by  meetings 
between the delegation from the EU and Sri Lankan State institutions and civil society.  

1.2.  Human Rights 

Sri  Lanka  has  taken  significant  steps  towards  the  protection  of  human  rights  since  its 
readmission  into  the  GSP+  scheme  in  2017.  However,  challenges  remain  and  a  risk  of 

(1)  This  mission  came  after  the  European  Parliament  Resolution  on  Sri  Lanka  on  10  June  2021,  which 
expressed concerns about the above-mentioned main priorities. Sri Lanka’s Government reacted to the 
EP Resolution and the monitoring mission by intensifying its engagement with the European Union. 
(2)  https://www.eeas.europa.eu/eeas/eu-sri-lanka-sixth-meeting-working-group-governance-rule-law-and-

human-
rights_en#:~:text=The%20Sixth%20Working%20Group%20on,the%20European%20Union%20(EU) 
All links provided in this Staff Working Document were up to date as of 20 October 2023.  

Page | 1 

 
 
 
backtracking  on  reforms  was  identified  in  the  years  between  2020  and  2022.  In  March 
2022,  popular  discontent  translated  into  a  mass  movement,  overcoming  ethnic,  class, 
gender, and generational divides. The protests highlighted that Sri Lanka’s civil society is 
organised and capable of mobilisation, and for a significant period they were able to protest 
in the spirit of democracy and freedom of expression and assembly. While this points to 
some deeply felt grievances, during the period of the protests Sri Lankan citizens across 
communities could enjoy space for dissent.  

On the other hand, the economic and financial crisis has had a severe negative impact on 
an increasingly large part of the population, particularly the most vulnerable, leading to 
rising  concerns  for  socio-economic  rights.  As  the  political  and  economic  and  financial 
crisis  continued  after  July  2022,  the  use  of  a  more  repressive  response  has  become 
apparent. Following the imposition of a State of Emergency on 18 July 2022, the arrests 
of the movement’s leaders increased this concern. Ensuring freedom of association and of 
expression through protests remains a priority of GSP+ implementation and a challenge.  

There is an actual risk of repressive action by the State, as seen in the disproportionate use 
of force against civil protestors. In this challenging context, it is paramount that the State 
shows restraint and continues to guarantee freedom of association, freedom of expression 
and  the  right  to  protest  free  from  intimidation.  The  process  of  reform  will  be  more 
sustainable and robust if Sri Lankan civil society is part of it and if the approach is truly 
inclusive.  

Further, the reform of the domestic legislative framework to comply fully with the human 
rights conventions presents important ongoing challenges. Reforms of existing legislation 
and any new legislation must align with international human rights standards. The 1979 
Prevention  of  Terrorism  Act  (PTA)  has  been  used  to  arbitrarily  arrest  and  detain 
individuals  for  years  without  due  process,  and  its  amendment  in  accordance  with 
international  standard  is  a  GSP+  monitoring  priority.  Its  amendment  in  March  2022 
deserves  to  be  highlighted  as  a  first  step  of  positive  reform  in  accordance  with  the 
commitments  made  by  Sri  Lanka  in  2017.  The  amendment  aims  to  increase  judicial 
oversight, expedite hearings, reduce the length of pre-trial detention and to allow suspects 
to  challenge  their  detention  in  court.  However,  the  amended  PTA  continues  to  diverge 
from  international  standards.  In  November  2022,  Sri  Lanka  expressed  its  strong 
commitment  to  prepare  a  comprehensive  legislative  proposal  to  replace  the  PTA  in 
accordance with the Constitution, and in line with international norms and best practices, 
with a view to its finalisation in 2023. On 22 March 2023 the Government published an 
Anti-Terrorism  Bill  to  replace  the  PTA.  While  providing  improvements  in  some  areas, 
concerns regarding compliance with international human rights standards remained. A new 
draft of the Bill was published on 15 September 2023. Civil society and legal experts have 
raised concerns that the new proposal still contains a number of problematic elements. It 
is important that the concerns and recommendations of legal experts, stakeholders and civil 
society are taken into account. 

A draft Online Safety Bill was published in September 2023. The Bill has raised concerns 
about lack of clarity in defining harmful content, which could lead to the censorship of 
legitimate and non-harmful material. The Bill should provide adequate safeguards for the 
fundamental right of freedom of expression.  

In the area of accountability and reconciliation after the end of the civil war, independent 
institutions established under the 2015 19th amendment of the Sri Lankan Constitution such 
as the Office on Missing Persons and the Office of Reparations, are key. They continue to 
operate, but the perception of their independence and effectiveness suffered after the 20th 
amendment of the Sri Lankan Constitution in October 2020, which gave sweeping powers 

Page | 2 

 
to the President by empowering him to appoint the chairs of independent institutions. In 
October  2021,  recommendations  by  the  Global  Alliance  of  National  Human  Rights 
Institutions to downgrade the Human Rights Commission of Sri Lanka (HRCSL) from its 
“A” status sent a strong signal to the Sri Lankan Government and led to some corrective 
actions. A new chairperson was appointed at the HRCSL, and funding was attributed for 
its functioning. The Government also reacted to concerns that followed the move of the 
non-governmental organisations (NGO) secretariat,  which monitors the registration and 
operations of NGOs, from a civilian Ministry of Foreign Affairs under the Ministry for 
Public  Security  in  July  2022.  However,  these  actions  were  not  sufficient  as  the  Global 
Alliance of National Human Rights Institutions downgraded the HRCSL to a “B” status 
because  of,  among  others,  the  lack  of  transparency  in  the  appointment  process  and  of 
pluralism in its membership and staff (3). 

In October 2022 Sri Lanka adopted the 21st Amendment to the Constitution, whose stated 
aims  are  to  strengthen  democratic  governance  and  independent  oversight  of  key 
institutions,  public  scrutiny,  as  well  as  to  deploy  anti-corruption  measures,  with  the  re-
establishment  of  the  Constitutional  Council  and  Independent  Commissions.  The 
implementation of the 21st amendment will show whether it is sufficient to guarantee the 
separation of powers, appropriate checks and balances, and the capacity of independent 
institutions to continue functioning.   

The  first  half  of  2023  has  seen  efforts  by  the  President  to  establish  a  Truth  and 
Reconciliation  Commission  as  a  reconciliation  mechanism  based  on  accountability. 
Progress  through  the  establishment  of  a  functioning  secretariat  is  underway,  but  some 
stakeholders  have  raised  questions  about 
the  Commission’s  effectiveness  and 
independence.   

The COVID-19 situation led to discriminatory policies and practices such as the policy of 
compulsory  cremation  of  those  that  deceased  from  COVID-19,  irrespective  of  their 
religion.  This  policy, in contravention of Muslim tradition,  was condemned locally and 
internationally  and  in  response  to  calls  for  an  inclusive,  non-discriminatory  approach, 
burials were allowed again in February 2021.   

The “One Country One Law” task force was appointed in 2021 and headed by a militant 
Buddhist  monk.  This  was  perceived  as  a  potential  threat  to  ethnic  and  religious  non-
discrimination, although the Government downplayed its divisive potential by stating that 
its prime aim was to prevent the practice of early marriages. Its report from 2022 was not 
made public. 

There  has  been  no  substantial  progress  on  legislation  against  the  discrimination  of 
LGBTIQ citizens, and same-sex consensual relations remain criminalised under Sections 
365  and  365A  of  the  Criminal  Code.  A  private  member  bill  was  introduced  in  the  Sri 
Lankan Parliament in August 2022 to amend these provisions, which would constitute an 
important step forward if adopted.  

On the death penalty, Sri Lanka has maintained a de facto moratorium on executions since 
1976. In December 2022 Sri Lanka was among the 125 countries to vote in favour of a 
resolution on a moratorium at the UN General Assembly, reiterating the positive vote in 
2020.  

3   CCPR/C/LKA/CO/6 

Page | 3 

 
 
1.3.  Labour Rights 

On labour rights, Sri Lanka registered incremental progress during the reporting period. 
The country took action on eliminating child labour by aligning the minimum age of work 
with the upper age of compulsory education at 16 years in 2020 and expanding the list of 
hazardous jobs prohibited for persons below 18 years in 2021. These measures are in line 
with the Government’s pledge to eliminate child labour fully by 2025 and were positively 
assessed  by  international  organisations.  On  the  other  hand,  child  labour  still  remains  a 
concern with  reported  activity in  agriculture, fisheries, tourism, and informal economy. 
The ongoing economic  and financial crisis on top of distress  caused by COVID-19 has 
increased school dropouts, which may increase the risk of child labour.  

Sri Lanka has made some progress in the implementation and enforcement of the freedom 
of association and collective bargaining rights; it has strengthened enforcement capacities 
of labour inspection services and continued awareness raising campaigns for workers and 
employers.  However,  a  significant  number  of  reports  of  anti-union  practices,  impeded 
social  dialogue  and  other  challenges  continue  across  different  sectors  in  the  economy, 
while many outstanding issues observed by the International Labour Organization (ILO) 
Committee  of  Experts  on  the  Application  of  Conventions  and  Recommendations 
(CEACR) persist. Often, these had been raised to Sri Lankan authorities in CEACR reports 
for  many  years,  including  the  last  report  of  February  2023.  National  legislation, 
particularly the Industrial Disputes Act and Trade Union Ordinance, remains in need of 
further alignment with ILO Conventions No. 87 and No. 98. 

Policies aimed at  supporting gender  equality,  equal  work  and training  opportunities for 
women, and eradicating gender-based violence have been adopted since 2015, however Sri 
Lankan legislation remains out of step with ILO Conventions No. 100 and No. 111 with 
regards to principles of equal pay for work of equal value and the list of all grounds for 
discrimination.  While 
includes  provisions  against 
discrimination,  a  legislation  covering  all  grounds  for  discrimination  in  line  with  ILO 
Convention  No.  111  is  planned  but  not  yet  adopted.  In  the  wake  of  the  COVID-19 
pandemic, gaps between men and women in labour force participation and unemployment 
rates widened. Significant further efforts are needed for female labour market participation 
and  access  to  better  paid  jobs.  Similarly,  legislation  reserving  3%  of  jobs  in  the  public 
sector for persons with disabilities needs to be implemented. 

the  country’s  Constitution 

The country has made efforts to protect its sizeable outward migrant worker population 
through  18  active  Memoranda  of  Understandings  (MOUs)  with  recipient  countries. 
Avoiding the risk of the imposition of compulsory labour is ever more crucial in view of 
the unprecedented economic and financial crisis, high inflation and rising cost of living, 
while the Government is proactively encouraging outward migration. In September 2022 
national headline inflation (NCPI) (4) reached 73.7% (85.8% for food), having somewhat 
moderated  its  ascent  (2.3%  monthly  from  5.6%  in  July),  putting  a  strain  on  living 
conditions  of  all  workers  and  in  particular  the  lowest  paid.  This  has  severely  impacted 
wage employees and their families.  

Sri Lanka has continued making headway in the elimination of forced labour, becoming 
the second country in Asia, in 2019, to ratify the 2014 Protocol to the ILO Forced Labour 
Convention No. 29. Gaps in both legislation and implementation still remain, particularly 

(4) 

https://www.cbsl.gov.lk/sites/default/files/cbslweb_documents/press/pr/press_20221021_inflation_in_
september_2022_ncpi_e.pdf  

Page | 4 

 
 
given the ILO’s concerns as to whether some aspects of existing national legislation may 
effectively amount to the imposition of compulsory labour.  

1.4.  Environment and Climate 

Sri  Lanka  is  considered  one  of  the  world’s  34  biodiversity  hotspots  and  is  extremely 
vulnerable to the impact of climate change.  The country has made commendable efforts 
on  upholding  its  commitments  across  environmental  conventions,  although  not 
commensurate with the risks it faces. There is a risk that the current economic and financial 
crisis could undermine the gains made on environment protection and addressing climate 
change.  While the country only partially fulfils reporting obligations overall, it is well on 
track  as  regards  its  obligations  under  the  Montreal  Protocol.  Sri  Lanka’s  domestic 
legislation  still  needs  to  be  aligned  with  the  Convention  on  International  Trade  in 
Endangered Species (CITES) obligations. Nonetheless, in 2021, the country became the 
first ever to roll out an electronic permit system designed to control legal trade in CITES-
listed species and help prevent illegal trade.  

1.5.  Good Governance 

While Sri Lanka has several anti-corruption institutions, the perception of impunity has 
continued.  Anti-corruption  enforcement  was  a  key  request  of  protestors  in  2022.  The 
record of Sri Lanka’s primary anti-corruption institution, the Commission to Investigate 
Allegations  of  Bribery  and  Corruption  (CIABOC)  has  been  mixed,  with  some  positive 
steps on awareness raising and training efforts but an uneven rate of success in reaching 
convictions following investigations upon CIABOC’s recommendations during the period.  
Although  a  comprehensive  anti-corruption  strategy  was  developed  (the  National  Anti-
Corruption Strategy 2019-2023), the 20th amendment to the Constitution – passed in 2020- 
abolished the National Procurement Commission and the National Audit Commission, and 
also weakened CIABOC. The 21st amendment of the Constitution foresees restoring the 
authority  and  powers  of  CIABOC  and  re-establishing  the  National  Procurement 
Commission and the National Audit Commission. Anti-corruption enforcement continues 
to be strained by inefficient coordination between institutions and the perception that anti-
corruption  investigations  are  politically  targeted.  A  new  Anti-Corruption  Act  (No.  9  of 
2023), passed in the Parliament in July 2023, aims to enhance transparency in governance 
and to give effect to obligations under the UN Convention against Corruption and contains 
a  number  of  improvements  as  compared  to  previous  anti-corruption  legislation.  At  the 
same time, it is important to ensure that certain provisions of the law do not discourage 
citizens willing to report cases of corruption.  

Despite not  being  a major producer or considered a transit  country for illicit drugs, Sri 
Lanka has an increasing drug problem due to inward smuggling of mostly cannabis and 
heroin for domestic use. Sri Lanka has continued stepping up its activities aimed at fighting 
the  growing  supply  and  demand  of  illicit  substances,  mainly  through  law  enforcement 
capacity  building,  awareness  programmes  for  prevention,  and  increased  volume  of 
successful drug seizures. Sri Lanka’s cooperation with the International Narcotics Control 
Board (INCB) has decreased in recent years, although Sri Lanka has played an increasingly 
active  role  in  regional  cooperation.  Prison  admissions,  and  death  sentences  for  drug 
offences  are  on  the  rise  while  prevention  and  treatment  capacities  by  the  National 
Dangerous  Drug  Control  Board  (NDDCB)  are  limited.  While  there  is  a  de  facto 
moratorium on executions since 1976, sustained imposition of death sentences for drug 
offences  remains  problematic.  While  efforts  to  adopt  health-based  approaches  to  drug 
abuse are notable, compulsory entry in rehabilitation programmes is problematic and the 
new Bureau of Rehabilitation Act raises concerns about its compatibility with international 
human rights standards. 

Page | 5 

 
1.6.  Status of Ratification and Reporting 

Sri Lanka maintained ratification of the 27 GSP+ relevant conventions. To date, Sri Lanka 
has overdue reports for the UN Convention against Torture (report due in 2020) and the 
Convention on Elimination of All Forms of Racial Discrimination (due in 2019), as well 
as under some of the environmental conventions.  

2.  LONG-TERM VIEW: SRI LANKA SINCE JOINING GSP+ IN 2017  

Sri  Lanka  initially  benefited  from  the  GSP+  scheme  until  its  access  was  temporarily 
withdrawn  in  2010  due  to  significant  shortcomings  in  the  country’s  implementation  of 
three UN human rights conventions.  

Following a change of government in 2015, the country embarked on major reforms aimed 
at achieving national reconciliation, and respect for human rights, the rule of law and good 
governance,  as  well  as  sustainable  economic  development.  The  new  administration  re-
engaged  with  the  international  community,  including  the  UN  system,  and  instituted 
improvements in fundamental freedoms. Sri Lanka reapplied for GSP+ in July 2016 and 
was readmitted to the scheme as of 19 May 2017. Overall, Sri Lanka has made progress in 
implementing the commitments that led to its readmission to GSP+ in 2017, but challenges 
remain and Sri Lanka should avoid the risk of backtracking on fundamental rights. 

Overall (5),  Sri  Lanka’s  economy  experienced  positive  growth  since  2005,  with  the 
country’s Gross Domestic Product (GDP) per capita more than doubling between 2005 and 
2020 and steady progress made in the reduction of poverty and unemployment rates. The 
share of GDP attributable to trade fell from 74% in 2005 to 43% in 2021, making way for 
inter alia an increased share of earnings from tourism and Sri Lankan workers’ remittances.  

Sri Lanka’s overall trade balance (6) since 2005 has exhibited mostly a continued growth 
in exports but has kept an increasingly negative balance in the trade of goods. Sri Lanka’s 
main exports are textiles (nearly half of all its exports to the EU in 2021), as well as food 
products, plastics and rubbers. Its main imports are petrol, oil gas, and machinery. Since 
the end of the civil war in 2009, transportation products have also constituted a significant 
share of Sri Lanka’s imports. The economic  and financial  crisis  has shown the need to 
diversify Sri Lanka’s economy, which highly depends on trade of few products (such as 
garments) and on tourism to acquire foreign currency.  

Spurred by its GDP per capita growth between 2009 and 2019, Sri Lanka was on track to 
graduate from the GSP+ scheme following its upgrade to upper-middle-income economy 
by the World Bank in 2019. However, hampered by the negative consequences of the 2019 
Easter Sunday terror attacks, the COVID-19 pandemic and the unprovoked and unjustified 
war of aggression of Russia against Ukraine, particularly on earnings from tourism and 
related services, Sri Lanka’s economic growth stalled and the World Bank re-classified it 
back  to  lower-middle  income  economy  in  2020.  At  the  end  of  2022,  due  to  the  dire 
economic  conditions  and  lack  of  creditworthiness  for  borrowing  on  market  terms,  the 
World  Bank  granted  Sri  Lanka  temporary  access  to  concessional  financing  from  the 
International Development Association (IDA) through reverse-graduation, as a result of 

(5)  https://data.worldbank.org/indicator/NY.GDP.MKTP.KD.ZG?end=2021&locations=LK&start=2005   
(6)  http://www.doc.gov.lk/index.php?option=com_content&view=article&id=37&Itemid=126&lang=en#st

atistic-reports  

Page | 6 

 
 
which Sri Lanka is now also classified as an IDA country despite remaining a lower-middle 
income  economy  with  Gross  National  Income  (GNI)  per  capita  well  above  the  usual 
threshold for IDA. On 20 March 2023, the Executive Board of the International Monetary 
Fund (IMF) approved a 48‑month extended arrangement under the Extended Fund Facility 
(EFF) with an amount equivalent to about €2.85 billion.  

3.  RECENT DEVELOPMENTS  

Following the election of President Gotabaya Rajapaksa, in November 2019, the landslide 
victory  of  the  Sri  Lanka  Podujana  Peramuna  (SLPP)  in  the  parliamentary  elections  in 
August 2020 led to the passing of the 20th amendment to the Constitution in October 2020, 
which further strengthened the Executive Presidency, thereby eroding democratic checks 
and balances. The 21st Amendment of the Constitution adopted in October 2022 reversed 
some of the changes. 

Sri Lanka’s human rights situation was also affected by the COVID-19 pandemic and the 
impact  of the  unprovoked and unjustified war of aggression of Russia  against Ukraine, 
which  accelerated  the  economic  downturn.  In  2022,  an  unprecedented  economic  and 
financial crisis led to a massive and mostly peaceful social movement whose main request 
was the ousting of the Rajapaksa family. Called the Aragalaya (struggle), the movement 
brought together Sri Lankan citizens irrespective of ethnic, gender and class divides. From 
April  until  July  2022,  the  movement  rallied  thousands  across  the  island  against  the 
Rajapaksa Government’s perceived mismanagement of the economy, corruption and lack 
of accountability. Prime Minister Mahinda Rajapaksa and his cabinet resigned in May and 
President Gotabaya Rajapaksa in July. One of the most senior politicians in the country, 
Ranil  Wickremesinghe,  took  over  as  Prime  Minister  in  May  and  two  months  later  was 
elected by the Parliament as the new President, in accordance with the Constitution. While 
Acting President, Wickremesinghe declared  a state of emergency on 18  July  and  a day 
after  taking  oath,  on  22  July,  ordered  security  forces  to  crack  down  on  peaceful 
demonstrators.  

The economic and financial crisis led to shortages in essential goods from fuel to gas and 
electricity and had a severe impact on socio-economic rights of the people, affecting their 
access  to  health  care,  food  and  education.  According  to  the  joint  Food  and  Agriculture 
Organization/World  Food  Programme  Crop  and  Food  Security  Assessment  Mission 
(CFSAM) report (7), over 6.2 million people are estimated to be moderately acute food-
insecure  in  June  2022  and  of  this  number,  66,000  people  were  severely  acute  food-
insecure. About 80% of medical supplies in Sri Lanka are imported. As of 31 May 2022, 
about 200 medical items were in shortage (8).    

According to the World Bank, Sri Lanka’s GDP experienced continuous growth since 2002 
until 2018, with 2.3% in 2018 but started contracting -0.2% growth in 2019. In 2020, Sri-
Lanka’s  GDP decreased  by  4.6% which was  followed again  by an increase in  2021 by 
3.5%. The GDP of Sri Lanka was €71 billion in 2022, 7.8% less than in 2021, according 

(7)   https://www.wfp.org/publications/faowfp-crop-and-food-security-assessment-mission-cfsam-

democratic-socialist-republic  

(8)   https://srilanka.un.org/sites/default/files/2022-06/LKA_HNP_FoodSecurityCrisis_20220609_0.pdf   

Page | 7 

 
 
to the World Bank. Unfortunately, as a result of Sri Lanka’s debt and a balance of payments 
crisis, the World Bank currently expects real GDP to fall by a further 4.2% in 2023 (9). 

Cooperation in multilateral fora 

The period has seen a shift in the country’s positioning at the UN Human Rights Council 
(HRC) from 2020 onwards. In March 2020, the Sri Lankan Government’s withdrawal from 
the  co-sponsorship  of  resolution  30/1  on  Promoting  Reconciliation,  Accountability  and 
Human Rights in Sri Lanka marked a turning point in the country’s engagement with the 
Council.  In March 2021, the UN HRC adopted resolution 46/1 which took a harder stance 
on the Government for its lack of accountability in addressing violations of international 
human  rights  law  and  international  humanitarian  law.  While  reiterating  its  exclusive 
commitment  to  a  domestically  designed  process,  Sri  Lanka  rejected  the  resolution 
considering it unhelpful, divisive and polarising. On 6 October 2022, in a polarised context 
and  with  open  rejection  from  the  Sri  Lanka  Government,  a  new  resolution  “promoting 
reconciliation, accountability and human rights in Sri Lanka” was passed at the UN HRC 
51 (10). 

In September 2022, the OHCHR published its report on the human rights situation in Sri 
Lanka, acknowledging the critical moment Sri Lanka is experiencing, as the country faces 
an unprecedented economic and financial crisis.  The report was received critically by the 
Sri Lanka Government. 

Cooperation  with  the  UN  has,  however,  remained  active  and  Sri  Lanka  has  a  standing 
invitation  to  Special  Mandate  holders.  After  the  visits  of  UN  Special  Rapporteurs  on 
Freedom of Religion or Belief and on Freedom of Expression and Freedom of Assembly 
– whose reports were submitted in 2020 – the UN Special Rapporteur on contemporary 
forms  of  slavery  made  a  country  visit  to  Sri  Lanka  from  26  November  to  3  December 
2021 (11). 

The  Government  has  remained  engaged  with  UN  agencies  towards  meeting  the  2030 
Sustainable Development Goals. 

Sri  Lanka  underwent  its  fourth  Universal  Periodic  Review  in  early  2023.  Sri  Lanka 
received  294  recommendations  (173  were  supported,  115  noted,  6  rejected).  Sri  Lanka 
rejected recommendations referring to the HRC resolutions 51/1 and 46/1 on transitional 
justice and the reconciliation mechanism. The Government supported all recommendations 
on ratification of the Optional Protocol to the Convention Against Torture; extension of 
standing invitations to the UN special procedures; national environmental plan; national 
Human Rights Commission; national reconciliation and the establishment of a National 
Truth Commission; ensuring effective and independent operations of the Office on Missing 
Persons and the Office for Reparations; fight against poverty; rights to health, education, 
food  and  an  adequate  standard  of  living;  rights  of  a  child;  and  women’s  rights  and 
empowerment of women.   

Sri Lanka has received recommendations from UN bodies on multiple occasions, many of 
which  are  yet  to  be  implemented.  Implementation  of  such  recommendations  is  a 
fundamental part of the commitment under the respective conventions.  

EU–Sri Lanka Development Cooperation 

(9)  https://www.worldbank.org/en/country/srilanka/overview  
(10)  With 20 votes in favour, 20 abstentions and 5 votes against 
(11)  https://www.ohchr.org/en/countries/sri-lanka    

Page | 8 

 
 
The  Multi-annual  Indicative  Programme  (MIP)  2021-2027  for  Sri  Lanka  (€60  million  until 
2024) focuses on two priority areas, 1) Green Recovery, and 2) Inclusive and Peaceful Society. 
The present MIP is being implemented in parallel with remaining Actions approved under the 
previous  MIP  (2014-2020  for  €210  million),  which  focused  on  rural  development  and  good 
governance and reconciliation. Ongoing projects include support to the agriculture sector with 
small-holder farmers and MSME as main beneficiaries, food/ nutrition and food safety, tourism, 
climate change, local government, and social inclusion and reconciliation as well as support to 
the Justice Sector, including to mediation boards, to increase access to justice.  

Thematic (CSO-LA), and European Instrument for Democracy and Human Rights (EIDHR) and 
regional programmes (e.g. SWITCH Asia), as well as the Foreign Policy Instruments are also 
benefitting Sri Lanka with a focus on sustainable consumption and production, investments in 
water and sanitation, countering terrorism and preventing violent extremism, gender equality, 
decent work as well as fundamental freedoms and media development. 

In view of the political and economic crisis, current and future programmes are being aligned 
with Sri Lanka’s most pressing needs while also remaining committed to longer-term priorities 
1)  green  recovery  and  2)  a  peaceful  and  inclusive  society.  The  redefinition  of  ongoing  EU 
funding will focus particularly on agriculture to provide urgent support to farmers and public 
finance management to support economic reform. Future funding would be spent on stimulating 
the  circular  economy  in  the  food  sector  to  address  the  food  crisis  and  ensuring  a  green 
sustainable economy. Moreover, under the second priority (peaceful and inclusive society) the 
EU is funding, jointly with Germany, the programme SCOPE (Strengthening Social Cohesion 
and Peace in Sri Lanka). 

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

Trade Related Assistance - €8 million (2015-2021) 

The EU has recently finalised a project to enhance trade competitiveness of Sri Lankan SMEs 
in  regional  and  EU  markets,  focussing  particularly  on  food  and  spice  value  chains  and  IT 
Business Process outsourcing (BPO) sectors. The project dealt with trade and non-trade barriers 
to help maximise the benefits of GSP+. 

Major milestones achieved include the establishing the National Export Strategy, developing a 
GSP+ business guide, enhanced efficiency of cross-border procedures (including support to the 
National  Trade  Facilitation  Committee)  and  SMEs’  capacity  to  comply  with  cross-border 
procedures, improved national quality infrastructure (including cabinet approval of the National 
Quality Infrastructure (NQI) Strategy and Action Plan) and supporting Sri Lanka to obtain its 
first Geographical Indication (Ceylon Cinnamon obtained in February 2022).  

4.  EU-SRI LANKA TRADE AND GSP+ 

Figures 1-4 illustrate Sri Lanka’s utilisation rate of GSP+ in the context of overall imports 
from  Sri  Lanka  to  the  EU (12).  Sri  Lanka’s  utilisation  of  GSP+  preferences  during  the 
period 2019 to 2022 at a rate of around 61-66% was less than the average utilisation rate 
of GSP+ beneficiary countries, although it increased over time (Figure 1 and 2). In 2022, 
over €2.6 billion worth of goods were eligible to benefit from GSP+ preferences (Figure 1 
and 2). The top product which used GSP+ preferencial imports in 2022 were garments and 

(12)  Source for all statistics: Eurostat data as of September 2023. 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. Trade flows registered as “confidential” do not appear in the 
GSP+  usage  figures  and  regime  1  normal  trade;  but  do  appear  in  total  trade  figures  (regime  4). 
https://ec.europa.eu/eurostat/cache/metadata/en/ext_go_agg_esms.htm#conf1537195068659   

Page | 9 

 
 
textile articles, S-11b under the  common  GSP nomenclature  (Figure 3).  Textile articles 
have traditionally been the top GSP+ beneficiary sector in Sri Lanka, creating important 
employment opportunities in the country. They are also the products which incurred the 
highest tariff reduction in 2022 (Figure 4).  

Figure 1: EU imports from Sri Lanka and GSP+ utilisation rate, 2019-2022 

Total imports, € million 

GSP+ eligible, € million 

GSP+ used, € million 

Share GSP+ in total, % 

GSP+ utilisation rate, % 

2019 
2,267 
1,920 
1,168 
84.7 
60.8 

2020 
2,064 
1,753 
1,106 
84.9 
63.1 

2021 
2,545 
2,136 
1,414 
84.0 
66.2 

2022 
3,146 
2,659 
1,749 
84.5 
65.8 

Trend % 

38.8 

38.5 

49.8 

Figure 2: EU imports from Sri Lanka by trade regime (€ million) and utilisation rates (%), 2019-2022 

3500

3000

2500

2000

1500

1000

500

0

910

1.749

723

1415

753

646

1168

1106

346

312

409

486

2021

2020

2019
GSP+ eligible not used
GSP+ preferential imports (€ million)
Other (MFN)

2022

100

90

80

70

60

50

40

84,7

84,9

68,0

69,7

60,8

63,1

84,0

72,3

84,5

71,3

66,2

65,8

2019

2020

2021

2022

Share GSP+ in total
Utilisation rate
Share duty-free in total

Figure 3: Top Sri Lankan product groups 
benefitting from GSP+ tariff preferences, 2022, 
€ million 

Figure 4: GSP+ tariff reduction gains per product 
group, 2022, € million 

1.800
1.600
1.400
1.200
1.000
800
600
400
200
0

94,2

96,5

93,8

91,6

53,6

1
8
5
.
1

8
4
8

4
8
3

1
3
1

7
2
2 1
6
3

7
2
1

9
1
1

3
6

8
5

120,0

100,0

80,0

60,0

40,0

20,0

63,1

3
7
3

5
3
2

Eligible

Used

Utilisation rate (%)

Rubber
10,1

Others
18,3

Edible 
preparations
14,0

Fish & 
crustaceans
21,4

Apparel & 
clothing
93,0

Page | 10 

 
 
  
  
 
 
 
 
 
 
5.  COMPLIANCE WITH GSP+ OBLIGATIONS  

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

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

(CERD) 

The most recent periodic review was issued in 2016. The state report for the next periodic 
review, due on 20 March 2019, has not been submitted yet. 

Sri Lanka  continues to lack a proper definition of racial discrimination,  and there is  no 
comprehensive legislation prohibiting all forms of racial discrimination.  

The 1979 Prevention of Terrorism Act (PTA) has been used for the arbitrary arrests and 
detentions of individuals for many decades, and persons belonging to ethnic and ethno-
religious minorities have been targeted. According to the Sri Lankan Ministry of Foreign 
Affairs,  in  2020,  seven  organisations  and  close  to  400  individuals  were  designated  as 
terrorist.  By June 2022, however, a large number of individuals (145) and organisations 
had been delisted, reflecting efforts by the Government to correct this trend.   

During  the  COVID-19  pandemic,  an  obligation  to  cremate  the  dead  was  seen  as 
stigmatising the Muslim community and was eventually reversed. In 2021, the President’s 
appointment of militant Buddhist monk Gnanasara Thera to head the “One Country, One 
Law” presidential task force triggered fears this would be used against minorities, but its 
report of June 2022 was not made public.  

5.1.2.  International Covenant on Civil and Political Rights (ICCPR) 

While  the  latest  state  report  was  submitted  with  a  two-year  delay  in  2019,  the  Human 
Rights Committee published its concluding observations on the sixth periodic report of Sri 
Lanka in March 2023.  

From 2020 to 2022, the constitutional and legal framework governing the Covenant saw 
significant  developments.  In  October  2020,  the  20th  Amendment  to  the  Constitution 
reinforced the powers of the Executive Presidency. Reversing the reforms introduced by 
the  19th  Amendment  in  2015,  the  20th  Amendment  went  back  on  the  democratic 
governance structure established through the independent oversight of key institutions. The 
21st  Amendment  of  the  Constitution,  adopted  in  October  2022,  reverses  some  of  those 
changes.  

There have been numerous instances of imposition of the State of Emergency (SoE) during 
the reporting period, in particular during COVID-19 and between April and August 2022. 
In  most  cases,  authorities  implemented  the  measure  with  restraint.  However,  the  last 
imposition  of  SoE  was  strictly  enforced  by  the  military,  dislodging  protestors  from 
Government  premises.  In  its  2023  report,  the  Human  Rights  Committee  expressed 
particular  concern  about  serious  human  rights  violations,  including  deaths,  injuries, 
arbitrary arrests, and detention of protestors that had occurred during the SoE. 

The PTA has not been repealed yet, but under domestic and international growing pressure, 
the Government amended the Act in March 2022. However, the current law still allows the 
Government to detain individuals for up to a year without charge, without producing any 
evidence. The amendment does not provide meaningful safeguards against torture, as it 
allows convictions based on a confession to the police and still allows officials to keep a 

Page | 11 

 
suspect in “any place for the purpose of interrogation” – a provision that is understood to 
have facilitated torture and increases the risk of enforced disappearances. The Government 
has expressed its strong commitment to prepare a comprehensive legislative proposal to 
replace the PTA in accordance with the Constitution, and in line with international norms 
and  best  practices,  with  a  view  to  its  finalisation  in  2023.  The  Government  in  2022 
announced a de facto moratorium on the use of the PTA but used the legislation again to 
arrest  three  protest  leaders  in  August  2022.  While  one  of  the  three  student  leaders  was 
released with no charge and another (Buddhist monk Siridamma) is on bail with charges 
under PTA, the third one, Wasantha Mudalige, was held under the PTA until 31 January 
2023, when he was discharged from charges under the PTA and released.  

Non-discrimination  and  equality  remain  problematic.  There  has  been  no  progress  on 
decriminalising consensual same-sex relations. Section 365 of the Penal Code prohibits 
“carnal intercourse against the order of nature,” which is punishable with up to 10 years in 
prison and a fine.   Section 365A punishes “any act  of gross indecency” with  up to two 
years in prison and a fine. These provisions criminalise consensual sex between same-sex 
people, including women. A private-member Bill was introduced in Parliament in August 
2022  to  amend  these  provisions.  In  a  landmark  case,  the  Supreme  Court  of  Sri  Lanka 
ruled on  9  May  2023  (13)  that  the  Bill  is  “not  inconsistent  with  the  Constitution”.  Its 
adoption would constitute a significant step forward for the rights of sexual minorities. 

In  their  reports  in  2020,  the  UN  Special  Rapporteurs  on  Freedom  of  Assembly  and 
Freedom of Religion or Belief (A/HRC/43/48/Add.2) noted a serious deficit of trust and 
an increase in tensions among ethno-religious communities. Threats towards human rights 
defenders,  journalists,  and  lawyers  were  regularly  reported  in  2020  and  2021,  which 
explains why Sri Lanka’s ranking in the World Press Freedom Index deteriorated by 20 
points  in  the  2022  ranking  compared  to  2019.  However,  in  2022  the  three-month-long 
protest (March-July) was allowed to take place peacefully, and security forces exercised 
commendable restraint on 9 July 2022 when tens of thousands thronged the Presidential 
secretariat.  This  record  was  broken  on  22  July  2022  with  assault  by  security  forces  on 
protestors.  Freedom of expression is also affected by the restriction of activities of NGOs, 
which face harassment and intimidation. Any future reform of the laws governing NGOs 
should guarantee their independence and should be consulted thoroughly with civil society. 

The 2007 ICCPR Act, introduced to protect human rights, has recently been used for arrests 
with the alleged purpose of curbing speech that threatens ethnic and religious harmony. 
Human rights groups are concerned about what they consider a misuse of the ICCPR Act 
compared to its original objectives. 

Although  Sri  Lanka  has  observed  a  de  facto  moratorium  on  executions  since  1976  and 
voted against the death penalty in UNGA resolutions in 2020, the courts continue imposing 
death sentences, and 1,284 persons were on death row as of September 2020 (14).  

EU–Sri Lanka Development Cooperation on Civil and Political Rights 

An  important  part  of  the  EU  cooperation  with  Sri  Lanka  is  implemented  through  local  and 
international  civil  society  organisations  (CSO),  through  mainstreaming  in  bilateral  country 
programmes or through grants funded through calls for proposals under the thematic instruments 
such  as  the  European  Instrument  for  Democracy  and  Human  Rights  (EIDHR)  and  CSO/LA 
thematic programmes. The EU is managing a diversified portfolio of EIDHR and CSO-funded 
grants implemented by international and local civil society organisations (CSOs) (nine projects 
currently  ongoing).  Topics  covered  include  freedom  of  expression,  media  and  journalism, 

(13)  http://www.supremecourt.lk/images/documents/sc_sd_13_2023.pdf  
(14)  http://www.prisonmin.gov.lk/web/images/pdf/progress-report-2020.pdf  

Page | 12 

 
 
freedom  of  association  and  labour  rights,  women  empowerment,  gender-based  violence, 
livelihoods  and  biodiversity.  The  EU  also  holds  a  regular  dialogue  with  CSOs.  Priorities  as 
regards  the  EU  partnership  with  civil  society  in  Sri  Lanka  are  outlined  in  the  EU-SL  CSO 
Roadmap 2021-2024. A new call for proposals was launched in March 2022 under the NDICI 
human rights and democracy thematic instrument, with a focus on the protection of human rights 
defenders/preservation of the civic space as well as democratic governance.  

5.1.3.  International Covenant on Economic, Social and Cultural Rights (ICESCR) 

The last periodic review on Sri Lanka’s implementation of ICESCR was in 2017, and the 
next  State  report  was  due  in  June  2022.  Prior  concerns  such  as  the  need  to  address 
persisting  discriminatory  practices  with  regard  to  cultural  rights,  rise  in  poverty,  high 
incidence  of  sexual  and  gender-based  violence,  delays  in  land  restitution,  and  difficult 
access to and quality of health care and education remain valid.  

In  2022,  the  country  plunged  into  an  unprecedented  economic  and  financial  crisis  with 
severe  social  consequences.  The  pandemic  and  the  crisis  exacerbated  these  trends, 
affecting  people  across  sectors,  gender,  and  classes,  and  more  particularly  vulnerable 
groups (minorities, women, and children). The large informal sector (with low wages and 
no social security) has been the most severely impacted by the COVID-19 pandemic. Tamil 
tea  estate  workers  were  disproportionately  affected  by  the  loss  of  daily  earnings,  while 
children of labourers lost access to education due to the lack of internet access. Policies 
such as the sudden  ban on chemical  fertilisers  contributed  to  a crisis  in the agricultural 
sector.  

The question of access to land in the northern and eastern areas of Sri Lanka remains a 
concern, although more than 90% of land expropriated by the military during the civil war 
has been returned. The creation in June 2020 of an Archaeological Heritage Task Force 
for  the  Eastern  Province  attracted  criticism  from  minority  groups  because  of  its 
composition of individuals from the majority ethnic and religious group only, as well as 
its role in identifying archaeological land for potential expropriation. The Task Force was 
dissolved in August 2022, but ethnic minorities continue to be concerned about the risk of 
losing control of their land. 

5.1.4.  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 

(CEDAW) 

Sri Lanka’s last periodic review was issued in 2017. The next state report was due on 31 
March 2021 and was submitted in August 2022. Women continue to face barriers in access 
to justice. Their rights awareness remains limited despite a number of initiatives, including 
projects funded by the EU. Incidence of sexual and gender-based violence remains high 
and  increased  during  the  COVID-19  pandemic,  despite  the  Government’s  policy 
framework  and  2016-2020  National  Action  Plan  to  address  sexual  and  gender-based 
violence.  

As regards human trafficking and sexual exploitation, in July 2022, a three-year project 
was launched to be implemented by the International Organization for Migration (IOM) 
with the National Anti-Human Trafficking Task Force under the Ministry of Defence. This 
is all the more important as the current economic and financial crisis has generated new 
migration trends, lack of employment forcing people to migrate legally or illegally, into 
the informal sector and even into prostitution.   

Page | 13 

 
 
In 2021, the Cabinet proposed reforms to the 1951 Muslim Marriage and Divorce Act to, 
amongst  other reforms,  make 18 the minimum  age for marriage. However, the  reforms 
have not yet been adopted.  

In Parliament, women held only 5.3% of seats in 2021, although the 25% quota at the local 
government  level  has  improved  women’s  representation  in  politics (15).  Female  labour 
participation remains low, with high female unemployment, significant gender pay gap, 
workplace  discrimination,  and  limited  access  to  decent  employment  for  marginalised 
groups of women.  

On  21  February  2022  the  UN  Committee  on  the  Elimination  of  Discrimination  against 
Women found that Sri Lanka had breached the rights of a lesbian complainant under the 
CEDAW in several respects, including through the criminalisation of consensual same sex 
relations between women.  

EU–Sri Lanka Development Cooperation on Gender Issues 

To  support  the implementation  of  the  Gender  Action Plan  GAP III and to enable  the timely 
integration of its objectives and targets in the programming, following dialogue and consultation 
with CSOs and other stakeholders, the EU Delegation and Member States have prepared the 
Country Level Implementation Plan (CLIP) for Sri Lanka for the period of 2021-2025. The CLIP 
is based on the updated country gender profile of Sri Lanka that covers both the programmatic 
and political commitments and proposes specific actions for gender equality.  

Several  EIDHR  and  CSO-funded  grants  (still  ongoing  or  recently  closed)  deal  with  gender-
related  issues  in  Sri  Lanka,  such  as  women  political and  economic  empowerment,  access to 
justice for women and girls survivors of domestic and gender-based violence as well as female 
workers’ rights. Effective and fair access to justice for women and girls is also an important 
component of the EU-funded Justice Reform programme (JURE).  

5.1.5.  Convention against Torture and other Cruel, Inhuman or Degrading Treatment or 

Punishment (CAT) 

The last periodic report was issued in 2017, while the next state report due on 7 December 
2020 has not yet been submitted.  The main challenges previously noted have persisted, 
including documented acts of torture and ill-treatment during police detention, reprisals 
against  victims  and  witnesses  of  torture,  inadequate  investigations,  and  prolonged 
detentions and prison sentences under the PTA affecting minority communities, including 
convictions  based  on  confessions  obtained  with  torture.  In  2020,  a  prison  study  by  the 
Human  Rights  Commission (16)  pointed  to  the  need  to  address  detention  conditions 
(overcrowding leading to degrading treatment), indicating that 66% of inmates are in pre-
trial detention. 

5.1.6.  Convention on the Rights of the Child (CRC) 

The last periodic report on CRC was issued in 2018, with the next State report due in 2023. 
While overall progress has been made in a number of areas – decreasing child and maternal 
mortality  rate,  achieving  nearly  universal  child  immunisation  rates,  reduction  of  child 
labour,  improved  access  to  water,  sanitation,  and  primary  education  –  there  are  large 
disparities between children of different population groups. Children in remote areas have 
limited  access  to  health  care,  and  the  education  sector  requires  increased  funding  and 
reforms to reach appropriate standards and guarantee the right to education for all children 

(15)  Local Authorities Amendment Act n°16 of 2017 
(16)  https://www.hrcsl.lk/wp-content/uploads/2020/01/Prison-Report-Final-2.pdf  

Page | 14 

 
 
 
in Sri Lanka, including for the many who live below the poverty line. The pandemic and 
the  economic  and  financial  crisis  impact  on  incomes  resulted  in  decreased  quality  of 
nutrition.  Reports  of  domestic  violence  and  child  abuse  also  increased  during  the 
pandemic.  

Conclusions and priorities 

Both positive and negative elements could be observed during the monitoring cycle as 
regards  the  human  rights  situation  in  Sri  Lanka.  Sri  Lankan  civil  society  has  shown 
resilience,  and  the  Aragalaya  protest  movement  in  2022  saw  the  participation  of 
protesters and activists from diverse backgrounds. On the other hand, the treatment of 
minorities remains a concern in particular as efforts towards reconciliation are slow, and 
the 1979 Prevention of Terrorism Act (PTA) continues to be applied including after the 
protest  movements  in  2022,  causing  fear  amongst  the  population  and  suffocating 
dissent.  Substantial  reform  or  repeal  of  the  PTA  in  line  with  human  rights  standards 
remains  a  priority,  just  as  Sri  Lanka’s  need  to  re-commit  to  reconciliation  and 
accountability. Other challenges remain in tackling hate crimes, allegations of torture 
under  police  detention,  decriminalising  same  sex  relations,  fighting  discrimination 
against  LGBTIQ  persons,  fighting  inequality  between  men  and  women,  domestic 
violence, and child abuse. In the aftermath of the 2022 protest movement, it is necessary 
that harassment and threats against human rights defenders, journalists and lawyers is 
avoided.  

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

5.2.1.  Freedom of Association and Collective Bargaining (Conventions No. 87 and No. 

98) 

On the legislative front, several aspects of the Industrial Disputes Act continue to hamper 
the full development and utilisation of collective bargaining. CEACR has repeatedly noted 
– also in their last report of February 2023 – the need to amend this Act, inter alia, to allow 
for victims of anti-union practices to lodge complaints in court and for unions to bring anti-
union discrimination cases to courts on behalf of their members, and to revisit provisions 
that enable trade unions to negotiate a collective agreement only if the said union represents 
at least 40% of workers in the organisation (17). These matters are subject to review in the 
current draft Employment Act. 

Public  sector  workers  are  expressly  excluded  from  the  application  of  the  Industrial 
Disputes Act section 49. CEACR has noted that measures are necessary to recognise for 
all  public  servants  not  engaged  in  the  administration  of  the  state  the  right  to  collective 
bargaining and to provide information on the number of collective agreements covering 
public enterprises (18). 

The National Labour Advisory Council (NLAC), the tripartite consultative mechanism in 
operation since 1994, played an important role in bringing social partners together to agree 
measures during the COVID-19 pandemic, but requires overall strengthening and amended 
composition to improve its representativeness and effectiveness. The NLAC can continue 
to play an important role in view of the current economic and financial crisis. The Fourth 

(17)  In its report of February 2023, the CEACR criticised these aspects again (CEACR report, page 274-276). 
(18)  The ILO is supporting an initiative to enhance the dispute resolution system for public sector workers. 
This includes proposed measures to introduce sectoral collective bargaining in the public sector. 

Page | 15 

 
 
 
ILO Sri Lanka Decent  Work Country Programme (2018-2022) includes an objective to 
support such reform, and ILO technical assistance was launched in 2018 to this end.  

Trade  unions  report  that  in  practice,  the  effective  exercise  of  labour  rights  remains 
particularly difficult in the Export Processing Zones (EPZ) and unfair dismissals related to 
union  activity  continue  to  take  place.  Since  employers  prefer  extending  support  to 
employee councils, in April 2022 there were 40 trade unions and in 107 employee councils 
in EPZs (19). Five collective agreements have been reached since 2019, covering less than 
approximately 2% of over 100,000 workers employed in EPZs. In five of eleven EPZs, the 
Ministry  of  Labour  together  with  the  Board  of  Investment  has  established  worker 
facilitation centres to enable unions to meet their members in private without interference 
or intimidation (20).  

A positive sign is that Sri Lanka requested technical assistance from the ILO to address the 
observations  and  recommendations  formulated  by  the  ILO  supervisory  bodies.  The 
Committee expressed its hope that the technical cooperation will contribute to fostering a 
sound  industrial  relations  system  that  will  in  turn  contribute  to  address  current  socio-
economic challenges in a peaceful manner (21). 

EU–Sri Lanka Development Cooperation on Labour Rights 

In the reporting period, the EU supported freedom of association and female workers’ rights in 
the garment industry through two EIDHR and CSO projects with civil society organisations and 
local trade unions. In 2022, the Better Work Sri Lanka programme was launched to support a 
more resilient, inclusive and sustainable garment industry in Sri Lanka, with a strong focus on 
gender,  diversity  and  inclusion.  Specific  activities  include  the  support  of  the  Voice  & 
Representation  of  women  workers;  awareness  on  harassment  and  abuse  prevention;  mental 
health  and  wellbeing.  Through  its  Partnership  instrument  the  EU  has  financed  the  UNDP 
regional  programme  on  Business  and  Human  Rights,  which  covers  Sri  Lanka  among  other 
countries in the Asian region. 

5.2.2.  Abolition of Forced Labour (Conventions No. 29 and No. 105) 

CEACR has since 2013 requested the Government to ensure that provisions of the PTA 
are not used for the imposition of sanctions involving compulsory labour to persons who 
practice peaceful opposition. Similarly, CEACR noted with regret the lack of information 
from the Government despite its request in 2012 about the application in practice of section 
120  of  the  Penal  Code,  whereby  the  expression  of  political  opinions  may  lead  to 
imprisonment and the obligation to perform compulsory labour. 

Risks of compulsory labour remain a concern also in relation to the Merchant Shipping 
Act,  whereby  CEACR  has  asked  for  an  amendment  that  ensures  disciplinary  measures 
against seafarers do not lead to compulsory labour except in limited situations of danger 
to the ship or life or health of persons. A new Maritime Labour Regulation is being drafted. 
The sanction of imprisonment involving compulsory prison labour for participation in a 
strike under the Industrial Disputes Act also remains a concern, although the Government 
has  stated  that  since  these  provisions  have  not  been  applied  in  practice  recently, 
amendment was not deemed essential. Another concern is the Essential Public Service Act 

(19)  CEACR report of February 2023, page 275. 
(20)  In its report of February 2023, the CEACR requested the Government to intensify its efforts to promote 
collective bargaining in EPZs, including by establishing worker facilitation centres in all EPZs (CEACR 
report, page 275). 

(21)  CEACR report of February 2023, page 276. 

Page | 16 

 
 
 
which foresees the possibility of imposing compulsory public service for graduates of up 
to five years.  

As a country with a significant migrant worker population, many emigrating citizens are 
at  risk  of  trafficking  and  forced  labour.  The  ongoing  economic  and  financial  crisis  has 
increased incidence and vulnerability to trafficking and forced labour.  The Government 
has  provided  support  to  such  workers  throughout  the  past  years,  through  consular 
assistance,  awareness  raising  about  risks  of  exploitation  and  abuse,  and  assistance  to 
victims of trafficking in cooperation with NGOs. Sri Lanka has also signed 22 Memoranda 
of Understanding (MoU) with popular labour destinations to ensure the protection of the 
rights of migrant workers; 18 of these MoUs are being actively implemented while three 
were inactive and one not related to labour as of July 2021.   

As the economic and financial crisis continues, vigilance is necessary on the risk of forced 
labour. For instance, there are reports that workers in small tea estates, unable to cover 
basic needs  with  their low wages,  are indebted to  their  employers,  work  extra hours to 
repay these debts, and may even have their identification documents held by employers 
until debts are repaid.  

5.2.3.  Minimum Age for Work and Worst Forms of Child Labour (Conventions No. 138 

and No. 182) 

In 2020, several legislative acts were amended to effectively increase the minimum age of 
work from 14 to 16 years, aligning it with the upper age for compulsory education. In 2021, 
the  Government  also  agreed  to  extend  the  list  of  hazardous  jobs  prohibited  for  persons 
under  18  years.  The  share  of  the  child  population  engaged  in  economic  activity  has 
decreased significantly over the years, from 12.9% in 2008/09 (22) to 2.3% in 2015/16 (23) 
according to the most recent Child Activity Survey data, while the volume of child labour 
and underage persons employed in hazardous jobs has decreased by around a half.  

As the largest employer in Sri Lanka providing jobs for around 10% of the population, the 
tea sector remains at  risk of child labour, particularly  in  small  and  medium estates and 
following the difficulties of the COVID period. The tourism sector has also been linked to 
child  labour  and  its  hazardous  forms,  particularly  given  the  risk  of  commercial  sex 
exploitation.  Risks  of  child  labour  also  remain  in  the  informal  economy,  including 
domestic service, given challenges related to data gathering and detection of child labour.  

A welcome measure by the Government is the pilot project in Ratnapura district aimed at 
making  the  district  completely  free  of  child  labour.  The  Government  has  pledged  to 
eradicate the worst forms of child labour by 2022 and eliminate child labour completely 
by 2025.  

5.2.4.  Equal Remuneration and Elimination of Discrimination (Conventions No. 100 and 

No. 111) 

Sri Lanka’s legislation does not follow the principle of equal pay for work of equal value 
as established in  ILO Convention No. 100. Wage ordinances and collective agreements 
instead  foresee  equal  wages  for  “the  same”  or  “substantially  the  same”  or  equal 
remuneration for “similar work”. The National Minimum Age Act passed in 2016 does not 
apply to workers with informal jobs, workers who are not unionised, domestic workers, 
and  workers  on  daily  wages  such  as  those  in  the  plantation  sector  and  tea  estates,  thus 

(22)  https://www.ilo.org/ipecinfo/product/download.do?type=document&id=18735  
(23)  https://www.ilo.org/ipecinfo/product/download.do?type=document&id=30055  

Page | 17 

 
 
excluding a significant share of the population from its coverage. In addition, there is no 
structured mechanism for periodic revision of the minimum wage, which would require an 
amendment of the Act. It also lacks a defined procedure for a comprehensive consultation 
and  does  not  establish  clear  criteria  for  setting  or  modifying  the  minimum  wage.  As  a 
result,  the  current  framework  in  Sri  Lanka  lacks  a  consistent  mechanism  for  minimum 
wage  adjustments,  contributing  to  the  deterioration  of  the  minimum  wage  value  in  real 
terms.  

Importantly, while the Constitution of Sri Lanka includes provisions on discrimination, no 
existing legislation prohibits discrimination on all grounds listed in ILO Convention No. 
111 in the context of employment and occupation. Sri Lanka was repeatedly requested to 
establish  labour  anti-discrimination  legislation  covering  the  principles  included  in 
Convention No. 111 (race, colour, sex, religion, political opinion, national extraction and 
social origin) and ensuring adequate penalties for transgressors, and the Government of Sri 
Lanka is now preparing legislation in this sense. In this context, specific provisions should 
include a prohibition of all forms of sexual harassment in the workplace.  

Female labour force participation has reversed in recent years to 2012 levels, from 36.6% 
in 2016 to 33.6% in 2021 (24). The same trends have been observed in unemployment rates 
for women, increasing to 8.5% in 2020 at a greater rate than that for men. The gender-
based pay gap remains an issue, with women earning 79% of the wage received by men as 
of 2020.  

Occupational segregation by gender is also prominent and worrying, with higher shares of 
women in such sectors as education and health care, as well as low-paying jobs in tea and 
rubber plantations. Women represent the majority of workers in EPZs, and a higher share 
of women work in semi-skilled or unskilled occupations. Numerous factors limit women’s 
participation in the labour market, e.g. lack of childcare facilities, lower education levels 
and mismatch of skills. 

Finally,  only  a limited number of employers in  the public sector have implemented the 
1988 circular requiring 3% of workplaces to be reserved for persons with disabilities and 
to adjust the working environment for their needs.  

Conclusions and priorities 

Both  the  legal  and  practical  application  of  the  rights  to  freedom  of  association  and 
collective bargaining in Sri Lanka require further work through genuine social dialogue 
between the Government, employers, and workers and a regular and inclusive tripartite 
consultation.  Priority  steps  include  strengthening  of  the  NLAC,  amendments  to 
legislation such as the Industrial Disputes Act and Trade Union Ordinance in line with 
ILO Conventions No. 87 and No. 98, as well as addressing anti-union discrimination 
practices, including in EPZs. 

While  progress  on  forced  labour  has  been  notable,  particularly  for  outward  migrant 
workers, further action is needed to align domestic legislation with Conventions No. 29 
and  No.  105,  including  closing  gaps  in  legislation  that  could  potentially  be  used  to 
impose compulsory labour based on the recommendation of the CEACR.  

(24)  https://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS?end=2019&locations=LK&start=2012  

Page | 18 

 
 
Progress  on  eliminating  child  labour  in  Sri  Lanka  is  commendable  and  must  be 
sustained.  Sectors  at  risk  of  child  labour  and  its  worst  forms  such  as  tea  estates  and 
tourism need to receive particular attention.  

Sri Lanka should establish labour anti-discrimination legislation covering the principles 
included in Convention No. 111 (race, colour, sex, religion, political opinion, national 
extraction and social origin) and ensuring adequate penalties for transgressors. 

5.3.  UN  Conventions  on  Environmental  Protection  and  Climate  Change 

(Conventions 16-23)  

5.3.1.  Convention  on  International  Trade  in  Endangered  Species  of  Wild  Flora  and 

Fauna (CITES) 

Sri Lanka acceded to CITES in 1979 and is compliant with reporting obligations having 
submitted all its Annual Reports between 2015 and 2022 on time. To date, it has however 
not submitted any of the Annual Illegal Trade reports and has only submitted its CITES 
implementation report for 2021. Although these reports are not a requirement, they would 
help meeting the overall aims of the Convention.  

EU–Sri  Lanka  Development  Cooperation  on  Environmental  Protection  and  Climate 
Change 

Under  the  MIP  2021-2027,  climate  change  and  biodiversity  are  prioritised  under  the  Green 
Recovery Pillar with allocated €35 million and also mainstreamed in programmes on support to 
reconciliation and local authorities that aim inter-alia at increasing the responsiveness of local 
authorities  in  service  delivery.  Under  a  Team  Europe  Initiative  with  Germany,  France,  the 
Netherlands and EIB, the EU has in 2021 adopted a €5 million Green Policy Dialogue Facility, 
that will support the Government in improving policies and legal frameworks to ensure a green 
transition and economic recovery in line with the EU Green Deal priorities. A new Team Europe 
Initiative on Circular Economy in the food sector and on plastic waste has also been adopted 
under the MIP in 2022. 

Sri Lanka continues to be classified as a Category 3 country, meaning its legislation does 
not meet CITES implementation requirements. As of 2022, reclassification to Category 1 
status  remains  subject  to  the  finalisation  of  implementing  regulations  and  further 
agreement between Sri Lanka and the CITES Secretariat.  

In 2021, Sri Lanka was the first to roll out the “eCITES BaseSolution”, an electronic permit 
system to control legal trade in CITES-listed species and help prevent illegal trade. 

5.3.2.  Waste  Conventions:  Basel  Convention  on  the  Control  of  Transboundary 
Movements  of  Hazardous  Wastes,  and  Stockholm  Convention  on  Persistent 
Organic Pollutants (POPs) 

Sri Lanka ratified the Basel Convention in 1992 and its amendments II, VII and IX entered 
into force on 24 March 2020. The country is however not  compliant with the reporting 
obligations for parties to the convention, as 2019, 2020, and 2021 annual reports have not 
been submitted by their respective 31 December deadlines each year thus far.  

The Government, together with the Central Environmental Authority (CEA) as the national 
body responsible for implementation, has been vigilant about the dumping of hazardous 
waste in the country. In September 2020, authorities identified 263 shipping containers of 

Page | 19 

 
 
 
hazardous waste from the United Kingdom, 21 of which were returned (25) and Sri Lanka 
also sought compensation for damages.  

In  September  2021,  a  first  joint  virtual  training  workshop  was  organised  by  the  World 
Customs  Organization  (WCO),  the  Secretariat  of  the  Basel  Convention,  and  UNODC-
WCO  Container  Control  Programme,  to  support  the  targeting,  examination,  and 
investigation  work  of  Sri  Lanka  Customs,  Ministry  of  Environment,  and  CEA  in 
implementing and enforcing the Basel Convention to fight against illegal trade in plastic 
waste.  

With respect to POPs, Sri Lanka ratified the Stockholm Convention in 2015 and is partially 
compliant  with  its  reporting  obligations.  Its  latest  National  report  was  submitted  on  31 
August 2022. The Revised National Implementation Plan was submitted in 2015, but no 
NAP has been submitted. Updates to address COP4 were submitted in 2018, and for COP5 
are pending transmission to the Secretariat. However, updates have not been submitted for 
COP6, COP7, and COP8 due in 2016, 2017, and 2020 respectively. 

In  December  2020,  the  Government  released  its  National  Policy  on  Chemicals 
Management,  addressing  the  life  cycle  management  of  toxic  pesticides,  hazardous 
chemicals, POPs, and other toxic substances and chemicals.  

5.3.3.  Convention on Biological Diversity (CBD) and Cartagena Protocol on Biosafety 

Sri Lanka ratified the Convention on Biological Diversity (CBD) in 1994. It is compliant 
with CBD reporting obligations with the Sixth National report submitted in June 2019 and 
the NBSAP updated in October 2016. This NBSAP will need to be aligned with the new 
Global Biodiversity Framework adopted in December 2022 ahead of CBD COP16 in 2024.  

As one of 34 world’s biodiversity hotspots, Sri Lanka has 66 endangered and 102 critically 
endangered species. However, the numbers of endangered animals have declined due to 
human-wildlife conflict, illegal trade, and disruptions to wildlife life-cycles and behaviour 
patterns caused by global warming, degradation of water levels, and water pollution.  

Sri Lanka ratified the Cartagena Protocol under the CBD in 2004. However, the country is 
not compliant with the Cartagena Protocol reporting obligations, having not yet submitted 
its Fourth National Report due on 1 October 2019 and having not uploaded its First and 
Interim National Reports on the Biosafety Clearing House Website due on 1 January 1998 
and 1 November 2017 respectively. 

Sri Lanka does not produce any genetically engineered crops or animals, or allow their 
imports, but does allow imports of products that may contain microbial biotech-derived 
food ingredients. Sri Lanka is developing policies to regulate and promote biotechnology 
but most of these are incomplete and yet to be implemented. 

5.3.4.  Conventions on Climate Change and Protection of the Ozone Layer (26) 

Sri  Lanka  ratified  the  United  Nations  Framework  Convention  on  Climate  Change 
(UNFCCC) in 1993, the Kyoto Protocol in 2002, and the Paris Agreement in 2016. The 
updated  NDC  was  submitted  in  July  2021  and  the  National  Adaptation  Plan  on  23 

(25)  https://www.gov.uk/government/news/illegal-waste-containers-successfully-repatriated-from-sri-lanka   
(26)  United  Nations  Framework  Convention  on  Climate  Change,  Kyoto  Protocol  to  the  United  Nations 
Framework  Convention  on  Climate  Change,  and  Montreal  Protocol  on  Substances  that  Deplete  the 
Ozone Layer. 

Page | 20 

 
 
September 2021. The third national communication (NC3) was submitted on 1 December 
2022. At COP26, Sri Lanka signed the Global Coal to Clean Power Transition Statement. 

Sri Lanka ratified the Montreal Protocol in 1989 and the Kigali Amendment in 2018. It is 
compliant  with  reporting  obligations,  having  updated  data  for  consumption  of  ozone-
depleting  substances  (ODS),  hydrochlorofluorocarbon  (HCFC)  and  hydrofluorocarbons 
(HFC) until 2020. It has an ODS licensing system in place as well. Sri Lanka has reduced 
ODS  consumption  considerably  in  recent  years  from  a  peak  in  2016  at  12.73  ozone 
depleting  potential  (ODP)  tonnes  to  8.57  in  2020.  However,  its  HFC  consumption  has 
increased in 2020 to 478,418 CO2-equivalent tonnes in 2020. Sri Lanka has instituted the 
development of the National Cooling Plan in 2021 and has committed to comply with the 
phase-out plans developed for HFCFs and HFCs, 70% of which are estimated to be utilised 
by the country’s refrigeration and air conditioning (RAC) sector by 2030. Sri Lanka is also 
in  the process  of initiating its HFC phase-down plans as per the Kigali Amendment by 
2024. 

Conclusions and priorities 

Sri  Lanka  has  made  significant  efforts  to  implement  the  GSP+  environmental 
conventions. Given Sri Lanka’s vulnerability to climate change and threats to its vibrant 
biodiversity, the country would greatly benefit from better engagement with convention 
bodies and needs to improve coordination, governance and compliance with reporting 
obligations of all the relevant environmental conventions.  

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

5.4.1.  International Drug Control Conventions (27) 

Cannabis is the only locally cultivated drug, although mostly at a small scale. Drugs are 
smuggled  into  the  country  from  neighbouring  countries  via  sea  routes,  mostly  for  the 
domestic  market  but  also  for  transit,  including  to  Europe.  Authorities  have  increased 
enforcement, with an upward trend in drug seizures in recent years with 19 tonnes seized 
in 2020, amounting to more than double in any single year since 2015, and remaining high 
in 2021 as well. NDDCB reports extensive training of law enforcement agencies in 2020.  

Registered  drug-related  offences  have increased  from  6,811  in  2020 to  10,959 in  2021. 
The vast majority relates to cannabis and heroin, with the latter surpassing cannabis-related 
arrests in 2020, a trend since 2009. Persons can be held in pre-trial detention for several 
months in cases involving small quantities of drugs, and several years in cases involving 
larger quantities. The share of prison admissions for drug offenders reached a high of 52% 
in  2019,  decreasing  to  47%  partially  due  to  lower  court  activity  following  COVID-19 
containment  measures  but  also  due  to  the  Government’s  efforts  to  reduce  prison 
overcrowding and attempts to use health-based approaches to rehabilitation of drug users. 
The largest and increasing share of these relates to heroin with 85% of prison admissions 
in  2020,  followed  by  cannabis;  admissions  for  other  drugs  are  limited  but  increasing 
sharply. The COVID-19 pandemic has not had a major impact on drug use in the country.  

Admissions to treatment centres in 2020 reduced to 1,649 compared to 4,447 in 2018, as 
NDDCB reports limited treatment capacity as a challenge. Treatment centres have been 
criticised for accepting patients on a voluntary as well as a non-voluntary basis. State-run 

(27)  UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971) 

UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). 

Page | 21 

 
 
 
compulsory  drug  detention  centres  are  located  on  military  bases  and  overseen  by  law 
enforcement authorities, despite evidence of higher relapse rates compared to voluntary 
schemes. The new Bureau of Rehabilitation Bill raises concerns about  its compatibility 
with international human rights standards.  

Although Sri Lanka voted in favour of extending the moratorium on the death penalty in 
2018 and 2020 UNGA resolutions, and no executions have taken place since 1976, death 
sentences for drug offences are still being imposed in increasing numbers with 45 persons 
entering  death  row  in  2020.  In  its  2021  report,  INCB  also  expressed  concern  about 
emerging  reports  of  extrajudicial  acts  of  retribution  against  suspects  of  drug  offences, 
effective reversal of the presumption of innocence for some offences, and non-eligibility 
for legal aid for suspected offenders. INCB in its 2019 report recommended commuting 
all  death  sentences  handed  down  and  abolishing  the  death  penalty  for  drug-related 
offences,  whereas  in  2021  it  noted  the  lack  of  dialogue  with  the  Government  on  drug 
control and invited Sri Lanka to improve cooperation with INCB.  

In addition to the three UN drug conventions, Sri Lanka participates in other international 
and regional initiatives aimed at drug control.  

EU–Sri Lanka Development Cooperation on Governance 

In 2022, the EU flagship programme on Justice Sector Reform (JURE) started with a duration 
of 4.5 years and with an EU contribution of €18 million, The programme aims to improve access 
to justice, accountability/transparency in the sector and the efficiency of justice services delivery 
based on the reform agenda of the Government, and with a strong focus on access to justice for 
women and children. 

5.4.2.  UN Convention against Corruption (UNCAC) 

In terms of UNCAC implementation, Sri Lanka’s first and second cycle implementation 
review  reports  from  2015  and  2018  noted  some  progress  but  highlighted  a  number  of 
improvements  needed,  including  for  an  effective  coordinated  anti-corruption  policy.  In 
response,  the  National  Anti-Corruption  Strategy  2019-2023  was  inaugurated  in  March 
2019 under President Maithripala Sirisena, but implementation since has been negatively 
affected  including  in  the  perception  of  the  general  public  during  protests  in  2022. 
According to Transparency International’s ‘Corruption Pledge Tracker’, which tracks Sri 
Lanka’s  implementation  of  39  mandatory  articles  of  the  Convention,  eight  are  being 
implemented,  while  alignment  is  under  way  for  25  articles,  and  six  have  not  yet  been 
implemented. The Parliament of Sri Lanka adopted a new anti-corruption law in 2023 with 
a view to address some of these concerns. The new Act contains a number of improvements 
compared to previous legislation.  

In  addition  to  the  main  anti-corruption  authority  –  the  Commission  to  Investigate 
Allegations  of  Bribery  or  Corruption  (CIABOC)  –  at  least  eight  other  institutions  with 
mandates relevant to preventing and combating corruption operate in Sri Lanka, raising 
concerns about the effective coordination and use of resources. Of particular concern is 
also  the  ad-hoc  creation  of  structures  outside  the  constitutionally  established  anti-
corruption  bodies,  such  as  presidential  commissions.  This  has  led  to  the  widely  shared 
perception  that  anti-corruption  investigations  are  targeting  political  opponents  and  are 
affected by undue influence or linked to the political process rather than being independent.  

The activities of the anti-corruption watchdog have decreased in number in recent years. 
However,  the  effect  of  the  COVID-19  pandemic  should  be  taken  into  account.  
Importantly, the number of cases referred to the courts steadily decreased from 2015 until 

Page | 22 

 
 
2021, with initial 2022 volumes on track to 2015 levels. Convictions in 2020 and 2021 
were low in part due to  lower court activity due to COVID-19 measures, but have also 
picked up in 2022 so far. 

Sri  Lanka’s  corruption  indicators  show  a  mixed  picture.  Its  scores  in  the  ‘Control  of 
Corruption’  index  of  the  Worldwide  Governance  Indicators  for  2015-2020  (latest  data) 
valued at -0.3 (on a scale from -2.5 to +2.5) are better than many other lower middle income 
countries.  However,  Sri  Lanka’s  score  in  Transparency  International’s  ‘Corruption 
Perception Index’ (CPI) for 2021 decreased to 37 (out of 100), and its rank fell from 94 in 
2020 to 102 in 2021, out of 180 countries.  

In recognition of improvements in anti-money laundering and countering the financing of 
terrorism (AML/CFT) measures taken since 2017, Sri Lanka was removed from Financial 
Action Task Force’s (FATF) monitoring ‘grey list’ in October 2019.  

Conclusions and priorities 

Efforts  to  stem  the  increased  drug  problem  by  Sri  Lankan  authorities  have  been 
significant,  however  more  balance  can  be  pursued  between  the  current  focus  on  law 
enforcement  and  punitive  criminalisation,  notably  through  improved  prevention  and 
rehabilitation capacities. Given Sri Lanka’s commitment to the moratorium on the death 
penalty and in line with INCB recommendations, the death penalty for drug offences 
should be abolished and such sentences already handed down effectively commuted. Sri 
Lankan authorities are required to comply with all its international reporting obligations 
under the drug control conventions, noting INCB’s call for improved cooperation and 
dialogue.  

Progress  on  AML/CFT  standards  by  Sri  Lankan  authorities  has  been  steady  and 
commendable,  while  the  same  cannot  be  said  about  anti-corruption  efforts  and 
corruption indicators after 2019. Key priorities include revived implementation of the 
National  Anti-Corruption  Strategy  2019-2023,  following  the  commitments  to  and 
procedures  of  the  Open  Government  Partnership,  as  well  as  de-politicisation  and 
capacity-building of anti-corruption institutions.  

Page | 23 

 
 
 
ANNEX: SRI LANKA – TREATY RATIFICATION AND REPORTING  

Convention 

Ratification status 
Reservations 

Compliance with reporting obligations to 
monitoring bodies 

Human rights conventions 
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 

Labour conventions (28) 
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 
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 

Acceded: 12.10.1950 
No reservations 

No reporting obligations 

Ratified: 18.02.1982 
No reservations 

Ratified: 11.06.1980 
No reservations 

Ratified: 11.06.1980 
No reservations 

Ratified: 05.10.1981 
No reservations 

Ratified: 03.01.1994 
No reservations 

Lack of compliance with reporting obligations 
•  Last report submitted on 15.10.2015. 
•  Next report was due on 20.03.2019. 
Compliant with reporting obligations 
•  Last report submitted on 22.02.2019. 
•  Next report is due on 26.03.2029. 
Lack of compliance with reporting obligations 
•  Last report submitted on 07.10.2015. 
•  Next report was due on 30.06.2022. 
Compliant with reporting obligations 
•  Last report submitted on 22.04.2022 (due on 

31.03.2021). 

Lack of compliance with reporting obligations 
•  Last report submitted on 16.10.2015. 
•  Next report was due on 07.12.2020. 

Ratified: 12.07.1991 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 08.06.2016. 
•  Next report due on 10.08.2023. 

Ratified: 05.04.1950 
(2014 Protocol to the 
Convention ratified 
on 10.04.2019) 
Ratified: 15.09.1995  Compliant with reporting obligations 

Compliant with reporting obligations 
•  Latest CEACR comments: 2021. (29) 
•  Last report received in 2019. 
•  Next report due in 2023. 

•  Latest CEACR comments: 2023. 
•  Last report received in 2022. 
•  Next report due in 2025. 

Ratified: 13.12.1972  Compliant with reporting obligations 

•  Latest CEACR comments: 2023. 
•  Last report received in 2022. 
•  Next report due in 2025. 

Ratified: 01.04.1993  Compliant with reporting obligations 

•  Latest CEACR comments: 2019. 
•  Last report (out of cycle): received in 2022. 
•  Next report due in 2024. 

Ratified: 07.01.2003  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Last report received in 2020. 
•  Next regular report due in 2023. 

Ratified: 27.11.1998  Compliant with reporting obligations 

•  Latest CEACR comments: 2019. 
•  Last report received in 2022. 
•  Next report due in 2024. 

Ratified: 11.02.2000  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Last report received in 2020. 
•  Next report due in 2023. 

(28)  Reservations  do  not  apply  in  the  ILO  system,  so  there  is  no  relevance  to  providing  information  on 

reservations under each of these conventions. 

(29)  The year mentioned indicates the year of publication (not adoption) of the CEACR report. 

Page | 24 

 
 
 
 
 
 
Convention 

15. Convention concerning the 
Prohibition and Immediate 
Action for the Elimination of 
the Worst Forms of Child 
Labour, No. 182 
Environmental conventions 
16. Convention on International 
Trade in Endangered Species of 
Wild Fauna and Flora 

Ratification status 
Reservations 
Ratified: 01.03.2001  Compliant with reporting obligations 

Compliance with reporting obligations to 
monitoring bodies 

•  Latest CEACR comments: 2021. 
•  Last report received in 2020. 
•  Next report due in 2023. 

Acceded: 02.08.1979 
No reservations 

Compliant with reporting obligations 
•  Last Annual Report for 2021 submitted on 

30.03.2022. 

•  Previous Annual Reports submitted: AR 2020 
on 15.02.2021; AR 2019 on 15.10.2020; all 
annual reports for 2015 to 2021 submitted on 
time.  

•  Implementation Report for 2020-2021 

submitted on 23.03.21. No other reports for 
other years submitted. (30) 

•  No Annual Illegal Trade report submitted to 

date. (31) 

Compliant with reporting obligations 
•  Most recent data for 2021 was submitted. 
•  No more recent reporting data is available. 
•  ODS licensing system established. 
Lack of compliance with reporting obligations 
•  No reports listed for 2019-2021. 
•  Previous Annual Reports: AR for 2018 

submitted on 22.01.2020; AR for 2017 on 
7.02.2019. No reports listed for 2014-2016.  

17. Montreal Protocol on 
Substances that Deplete the 
Ozone Layer 

18. Basel Convention on the 
Control of Transboundary 
Movements of Hazardous 
Wastes and their Disposal 

Acceded: 15.12.1989 
No reservations 

Ratified: 28.08.1992 
No reservations 

19. Convention on Biological 
Diversity 

Ratified: 21.06.1994 
No reservations 

Compliant with reporting obligations 
•  Sixth National Report published on 

20. The United Nations 
Framework Convention on 
Climate Change  

Ratified: 23.11.1993 
No reservations 

21. Cartagena Protocol on 
Biosafety 

Ratified: 26.07.2004 
No reservations 

26.06.2019. 

•  National Biodiversity Strategy and Action Plan 

updated on 17.10.2016. 

Lack of compliance with reporting obligations 
•  Updated NDC submitted in July 2021.  
•  National Adaptation Plan submitted on 

23.09.2021. National Adaptation Plan for 
2016-2025 submitted in 2016. 

•  NC1 submitted on 6.11.2000, NC2 submitted 

on 16.03.2012 and NC3 submitted on 
01.12.2022.  

•  No NIR or BUR reports submitted to date. No 

CRF tables published. 

Lack of compliance with reporting obligations 
•  Fourth National report not submitted. 
•  Previous National Reports: Third NR 

submitted on 04.01.2016; Second NR on 
03.01.2012; First NR and Interim National 
Report not submitted. 

22. Stockholm Convention on 
Persistent Organic Pollutants 

Ratified: 22.12.2005 
No reservations 

Partially compliant with reporting obligations 
•  Latest (Fifth) National report submitted on 

31.08.2022. 

•  Fourth National Report for the year 2018 

submitted. 

•  Revised National Implementation Plan under 
Stockholm Convention - 2015 submitted in 
October 2017.  

•  NAP not submitted. 

(30)  Reporting mandatory, but not subject to compliance procedure. 
(31)  Reporting mandatory, but not subject to compliance procedure. 

Page | 25 

 
 
 
 
Convention 

Ratification status 
Reservations 

23. Kyoto Protocol to the 
United Nations Framework 
Convention on Climate Change 
Good governance conventions   
24. United Nations Single 
Convention on Narcotic Drugs 
(1961/72) 
25. United Nations Convention 
on Psychotropic Substances 
(1971) 
26. United Nations Convention 
against Illicit Traffic in 
Narcotic Drugs and 
Psychotropic Substances (1988) 

Ratified: 03.09.2002 
No reservations 

Acceded: 
11.07.1963 (32) 
No reservations. (33) 
Acceded: 15.03.1993 
No reservations 

Acceded: 06.06.1991 
No reservations 

27. United Nations Convention 
against Corruption (2003) 

Ratified: 31.03.2004 
No reservations 

Compliance with reporting obligations to 
monitoring bodies 
•  Updates for COP4 submitted on 18.05.2018; 

Updates for COP5 are pending transmission to 
the Secretariat.  

•  Not submitted: Updates for COP6 (due on 
26.11.2016), COP7 (due on 15.12.2017); 
COP8 (due on 18.12.2020). 

•  Updates on COP 9 are due on 03.12.2022. 
No reporting obligations 

Lack of compliance with reporting obligations 
•  Compliant with reporting under Single 

Convention and Convention on Psychotropic 
Substances. 

•  No reports provided for 2019 and 2020 under 

the Convention against Illicit Traffic. 

Review by INCB 
•  INCB mission took place in March 2019.  
•  INCB reports lack of dialogue with 

Government on drug control and “trusts that 
Sri Lanka will improve its cooperation and 
respond to those efforts of the Board, in line 
with article 9 of the 1961 Convention as 
amended” (INCB, 2022d, p. 37). 

No reporting obligations 
Partial compliance with notification 
requirements  
•  Notifications regrading mutual legal assistance 

not made. 

Review by UNODC & peer review 
•  Executive summaries and country reports 

published in 2015 and 2018. 

(32)  Participation in the Convention by virtue of ratification, accession or succession to the Protocol of 25 

March 1972 or to the 1961 Convention after the entry into force of the Protocol: 29.06.1981 

(33)  The Government of Ceylon notified the Secretary-General that in respect of article 17 of the Convention, 
“the  existing  administration  will  be  maintained  for  the  purpose  of  applying  the  provisions  of  the 
Convention without setting up a ‘special administration’ for the purpose.” The Government added that 
this was to be considered a statement and not a reservation. 

Page | 26