E/C

Committee on Economic, Social and Cultural Rights

Forty-fifth session

Geneva, 1-19 November 2010

Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant

Concluding observations of the Committee on Economic, Social and Cultural Rights

Sri Lanka

1. The Committee considered the combined second to fourth periodic reports of Sri Lanka on the implementation of the Covenant (E/C.12/LKA/2-4) at its 40th, 41st and 42nd meetings, held on 8 and 9 November 2010 (E/C.12/2010/SR. 40, 41 and 42), and adopted, at its 55th meetings, held on 19 November 2010, the following concluding observations.

A. Introduction

2. The Committee welcomes the open and constructive dialogue with the delegation of the State party. However, it expresses concern that the State party’s report, which was submitted with a 15-year delay, contained limited information, disaggregated data or relevant statistics on the practical implementation of Covenant rights in the State party. The Committee regrets that the State party did not provide responses to half of the Committee’s list of issues The Committee calls upon the State party to ensure full compliance of its next periodic report with the Committee’s reporting guidelinesso as to enable a full assessment of the degree of implementation of Covenant rights in the State party. The Committee recommends that the State party consult civil society organizations during the preparatory process of its next periodic report.

B. Positive aspects

3. The Committee welcomes the ratification of the two Optional Protocols to the Convention on the Rights of the Child, namely on the involvement of children in armed conflict in 2000 and on the sale of children, child prostitution and child pornography in 2006 and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2002.It also welcomes the ratification of ILO Conventions Nos. 111 (1998) concerning Discrimination in Respect of Employment and Occupation, 138 (2000) concerning Minimum Age for Admission to Employment, and 182 (2001) concerning the Worst Forms of Child Labour.

4. The Committee notes with appreciation the positive developments related to the implementation of the Covenant, such as the adoption of:

(a) The Prevention of Domestic Violence Act No. 34 of 3 October 2005;

(b) The Employment of Women, Young Persons and Children (Amendment) Act No. 8 of 2003 which increases the minimum age of employment from 12 to 14 years; and

5. The Committee commends the State party for its significant progress towards the achievement of the Millennium Development Goals, especially in the field of health and education and notes with appreciation that the State party is on track to achieve the targets for most of the indicators by 2015.

C. Principal subjects of concernand recommendations

6. The Committee is concerned that the Covenant has not been given full effect in the domestic legal order and that although some of its provisions are justiciable before the supreme court, they are rarely invoked which reveals a limited knowledge of the Covenant in the State party. The Committee also expresses serious concern that the legally binding nature of international human rights treaties and more specifically of ILO Conventions to which the State party is party has been questioned by the Supreme Court on numerous occasions.

The Committee calls upon the State party to ensure that the Covenant enjoys full legal effects in the domestic legal order and prevails over domestic legislation in case of conflict. It also urges the State party to bring its domestic legislation in conformity with the rights contained in the Covenant. The Committee calls upon the State party to improve human rights training programmes in such a way as to ensure better knowledge, awareness and application of the Covenant and other international human rights instruments, in particular among the judiciary, law enforcement officials and other actors responsible for the implementation of the Covenant.

7. The Committee is concerned that, although partially lifted, the continuation of the state of emergency is hampering the full realization of the economic, social and cultural rights.

The Committee urges the State party to consider repealing all remaining emergency regulations which jeopardize the realization of economic, social and cultural rights.

8. The Committee expresses concern about the lack of independence of the National Human Rights Commission which was downgraded to B status, notably for this reason, by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) in December 2007. The Committee also notes with concern that posts on the National Human Rights Commission remain vacant and that the National Human Rights Commission is effectively in abeyance.

The Committee urges the State party to ensure that the National Commissionon HumanRights meets the requirements of independence and autonomy set out in the principles relating to the status of nationalinstitutions for the promotion and protection of humanrights (Paris Principles, General Assembly resolution 48/134).

9. The Committee is concerned that the judiciary and important oversight bodies lack independence to effectively carry out their role in the promotion and protection of economic, social and cultural rights. The Committee is also concerned about the 18th amendment of the Constitution passed on 8 September 2010 which further reduces the independence of the judiciary and other oversight bodies as it provides for direct appointments by the president of, inter alia, chairpersons and members of the Commission to Investigate Allegations of Bribery or Corruption, members of the Judicial Service Commission and the Parliamentary Commissioner for Administration (Ombudsman).

The Committee calls upon the State party to take all the necessary measures to ensure the independence and integrity of the judiciary and oversight bodies. It also recommends that the State party consider reviewing the provisions of the 18th amendment of the Constitution related to the appointment procedure of chairpersons and members of oversight bodies.

10. The Committee expresses serious concern about widespread threats, attacks, defamation campaigns and various forms of stigmatization against human rights defenders in the State party as well as about illegitimate restrictions of their activities.

The Committee urges the State party to take the necessary action in accordance with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms of 9 December 1998 to end the ongoing harassment and persecution of human rights defenders and ensure that those responsible for the threats and attacks are duly prosecuted and punished. The Committee calls upon the State party to engage in a constant dialogue with civil society actors, including those carrying out human rights advocacy campaigns and human rights defenders to formulate and implement strategies for the protection and promotion of economic, social and cultural rights throughout the country, includingthe current formulation of a national plan of action for human rights. It also urges the State party to speed up the process of adoption of a Right to Information Act.

11. The Committee is concerned that the conversion of the Veddahs’s traditional land into a national park has led to their socio-economic marginalization and impoverishment, Veddahs having been prohibited access to their traditional hunting grounds and honey sites. The Committee is also concerned that Veddahs are highly stigmatized in the State party, in particular Veddah children who are the victim of ostracism in the school system and often employed in hazardous occupations. (art. 1, para. 2)

The Committee urges the State party to ensure that the Veddahs can return to and remain undisturbed on the lands from which they were evicted, in particular in the Maduru Oya reserve, to establish a state authority for the representation of Veddahs which should be consulted and should give consent prior to the implementation of any project or public policy affecting their lives. The Committee also recommends that the State party consider ratifying ILO Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries.

12. The Committee expresses concern about the high levels of corruption which undermines the realization of economic, social and cultural rights for all and the fact that the State party has not yet taken firm and effective measures to combat corruption and impunity associated with it. (art. 2, para.1)

The Committee calls upon the State party to take all necessary measures to combat corruption and impunity associated with it. In this regard, it encourages the State party to train the police and other law enforcement officers, as well as prosecutors and judges in the strict application of anti-corruption laws, to require the public authorities, in law and in practice, to operate in a transparent manner, and to ensure that prosecution cases are brought to justice. The Committee encourages the State party to seek the cooperation of international organizations with special expertise in the field of combating corruption and requests the State party to provide detailed information in its next periodic report about progress made in combating corruption and impunity.

13. The Committee is concerned about the harsh working and living conditions of plantation workers and their families, a high proportion of them living in extreme poverty. It also expresses concern that Citizenship Act No.18 of 1948 which deprived Tamils of Indian origin of citizenship has still not been abrogatedand thatthousands of Tamils of Indian origin are still awaiting to be granted citizenship on the basis of the 2003 Grant of Citizenship to Persons of Indian Origin Act, and as stateless persons do not enjoy their economic, social and cultural rights. (art.2, para.2)

The Committee calls upon the State party to provide the necessary resources for the implementation of the National Plan of Action for the Social Development of the Plantation Community adopted in 2006 and to provide comprehensive information in its next periodic report on the concrete measures taken to ensure that plantation workers and their families as well as Tamils of Indian origin are no longer subject to discrimination and live in decent conditions. The Committee calls upon the State party to repeal Citizenship Act No.18 of 1948 and to speed up the process of issuing identity documents for Tamils of Indian origin in accordance with the 2003 Grant of Citizenship to Persons of Indian Origin Act.

14. The Committee is concerned that in spite of the recent establishment of quotas for the employment of persons with disabilities, they remain discriminated against in their access to employment and highly stigmatized in the society. The Committee is also concerned that the 2003 National Policy on Disability has not yet been implemented and that families of disabled persons have so far only received limited support from the State party and therefore continue to resort to institutionalization of their children with disabilities, often for long periods. The Committee also expresses concern that a large proportion of children with disabilities, most of them girls, remains deprived of any type of education opportunities. (art.2, para.2)

The Committee calls upon the State party to take concrete steps to implement its 2003 National Policy on Disability and to strengthen its efforts to promote inclusion of persons with disabilities into the labour market, including by strengthening the system of job quotas for persons with disabilities. The Committee also calls upon the State party to gather accurate disaggregated statistical data on children with disabilities and ensure that all these children, particularly girls, have access to education. The Committee encourages the State party to ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol.

15. The Committee is concerned that in spite of repeated recommendations made by treaty bodies since 1998, the State party has still not repealed statutory and personal laws that discriminate against women and girls, such as the 1935 Land Development Ordinance and the provisions of the Muslim Personal Law allowing early marriage of girls as young as 12 years old, and has taken limited steps to address the persistence of stereotypes, attitudes and patriarchal traditions on family and societal roles of men and women. The Committee notes with serious concern that the State party relies on the communities themselves to amend their personal status laws and that the Women’s Bill does not protect women and girls from all communities from early and forced marriage. (art. 3)

The Committee reminds the State party that the equal right of men and women to the enjoyment of all economic, social and cultural rightsis an immediate obligation of the States parties which cannot be conditioned to willingness of concerned communities to amend their laws. The Committee therefore calls upon the State party to take immediate action to repeal all statutory laws that discriminate against women and to amend the Muslim Personal Law and to put it in conformity with its national legislation with the view to outlaw early marriage. The Committee also encourages the State party to vigorously promote equality between women and men at all levels of society, including through targeted educational programmes and mass media campaigns against stereotypes which prevent women from enjoying their economic, social and cultural rights. The Committee draws the attention of the State party to its general comment No. 16 (2005) on the equal right of men and women.

16.The Committee notes with concern that despite the decrease in unemployment in recent years, the female unemployment rate has remained twice as high as that of males for the past decades and that almost half of the 15-29 age group, especially educated youths, remain unemployed. The Committee is also seriously concerned that about 300 000 women are at risk of losing their employment as a result of the withdrawal by the European Union (EU) of the GSP preferential trading scheme due to significant shortcomings in respect of Sri Lanka’s implementation of three United Nations human rights conventions, which are a relevant condition for receiving benefits under the scheme. (art.6)

The Committee recommends that the State party adopt a national action plan for the promotion of stable employment opportunities for women and younger Sri Lankans containing numerical targets and a time frame for its implementation and establish a national mechanism to monitor the implementation of the plan of action. The Committee also encourages the State partyto monitor closely the situation of the women at risk of loosing their employment due to the withdrawal of the GSP so as to enable them to enjoy their economic, social and cultural rights.

17. The Committee expresses concern that several statutory provisions and emergency regulations of the State party allow for the recourse to compulsory labour, in particular the Compulsory Public