Enforce labour rights, serious reforms are urgently needed; EU Parliamentary Group
GSP+ and Sri Lanka
On the invitation of the government from April 10-12, two members of the European Parliament, Anne-marie Mineur and Lola Sanchez Caldentey, were in Sri Lanka on a factfinding mission with regard to the Delegated Act of the European Commission to grant GSP+ status to the country. Following is a letter in which they have stated their main findings and the commitments that have been made during their stay. The letter had been sent to Miniser of Public Enterprise Development Kabir Hashim, Labour and Labour Relations Minister John Seneviratne and the Board of Investment chairman Upul Jayasuriya.
During our stay in Sri Lanka last week, 10-12 April, you were kind enough to receive us, and share your thoughts on the current state of affairs with regard to possibility of your country becoming a beneficiary to the EU’S the Generalised Scheme of Preferences (GSP+). We should like to take the occasion to summarize our findings and recall both yours and our commitments. A copy of this letter will be sent to the European Parliament, the European Council and the European Commission, as well as to the Sri Lanka Country Office of the International Labour Organisation (ILO) and the labour unions involved. 1. All parties agree that Sri Lanka has ratified all the Core human and labour rights UN/ ILO Conventions, as well as the Conventions related to the environment and to governance principles, 27 in total. We commend the Sri Lankan government for this laudable achievement. 2. From our meetings with dozens of Sri Lankan people — union leaders as well as employees — we must however conclude that the enforcement of the conventions leave much to be desired. In particular we are worried about the enforcement of workers’ rights to join or form a union of their choosing, the right to collective bargaining and the right to strike. a. The rule that a union must represent 40% of the employees in order for it to be a legitimate negotiating partner seems to undermine rather than improve the position of the workers. In addition, there is an inexplicable difference between the minimum age to work and the minimum age to join a union. b. Also the fact that labour inspectors cannot visit all working sites, in particular the Free Trade Zones without advance notification, undermines the essence of inspections. c. The same holds true for union leaders, who cannot freely enter the already mentioned Free Trade Zones. d. The Board of Investment appears to intervene in labour disputes and therefore the Ministry of Labour appears not the only competent authority to address labour regulations. e. Unions cannot currently access the courts for complaints of unfair labour practices and/ or anti-union discrimination. f. Finally, while there is no objection to having Employees’ Councils, they cannot be promoted or used as a replacement of labour unions. They are however used as such, and what is more, they operate under the aegis of the employers and the Board of Investment. 3. Additionally, we have discussed the Road Map To Assert Labour Rights in Sri Lanka that was developed by several Sri Lanka labour unions that has been presented to the Prime Minister. We have also urged the Sri Lanka Country Office of the ILO to study and support the goals of this Road Map. 4. Our findings confirm reports by the UN Human Rights special commissioner as well as the ILO Committee of Experts . Both institutions have also reported shortcomings on the enforcement of labour rights issues as well as other human rights issues, in particular the use of torture, the rights of minorities and the rights of LGBTI people. While not all of these issues were not the focus of our mission, we fully support their purport. 5. Because of these facts, we have tabled a resolution to the plenary assembly of the European Parliament, to be voted on by April 27, in which we object to the renewed entry into force of the GSP+ system. We have enclosed the said resolution. In response to our findings, however, we equally detected a cooperative attitude and a willingness to address our concerns. 6. Mr. Kabir Hashim has agreed to include trade unions in the monitoring mechanism of the GSP+ in case it would be granted. 7. Mr. John Seneviratne has stated that 50% of the benefits of the GSP+ system should be shared by the workers. He has offered to make this an accountable goal. Mr. Upul Jayasuriya has offered his support for this goal. 8. In addition, Mr. John Seneviratne has equally committed to reconsider the 40% minimum threshold of unionisation. 9. The BOI chairman has also agreed to allow labour inspectors to freely, and without advance notification, enter any work place under the purview of the BOI, including the Free Trade Zones. 10. The same commitment has been made for the labour leaders, who will receive access badges to the Free Trade Zones. 11. Mr. Jayasuriya equally committed to a tri-partite dialogue with the labour on a number of issues including but not limited to: a. the amendment or the removal altogether of the BOI manual on Employees Councils; b. the placement, access and role of worker council and trade union centers; c. the resolution of individual instances of labour rights violations, including those in the Katunayake Free Trade Zone We do not pretend to have all the answers to this complicated situation and many issues remain to be tackled, such as individual labour disputes (especially at the FTZS) and the issue of unions who cannot access courts for complaint. However, we are impressed by the decisiveness and the sense of entrepreneurship that we have encountered, both in the labour unions and in the government. We are also pleased with the involvement and commitment of the Sri Lanka Country Office of the ILO, whose expertise and support is undoubtedly a useful contribution to the process. While we believe that serious reforms are urgently needed and while at present we see too little guarantees to ensure their successful implementation, we do recommend to the Commissioner Cecilia Malmström that, once these commitments have been implemented, and only under this strict condition, she does grant Sri Lanka GSP+.