[lg policy] Sri Lanka: ILO Decent Work Agenda obligatory

Harold Schiffman hfsclpp at gmail.com
Sat Oct 1 14:19:05 UTC 2016


ILO Decent Work Agenda obligatory
Oct
01
2016
0

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The Tamil ‘uprising’ shows that we have come out of political repression,
though not written into the constitution yet. Not only in the south but
also in the north people are free to come out and express their views
without the threat of repression including that of white vans. Tamil
national liberation war that raged for 26 years in Lanka was always about
political grievances. However Tamil liberation struggle was rooted in
political, economic and social disenfranchisement of the Tamil minority by
the Sinhala majoritist political state.

The defeat of parity of languages proposal made by the Sama Samajists and
government policy adopted declaring Sinhala to be the country’s only
official language started the fire; but the real issue was marginalization
in all sectors of politics and the economy that fueled Tamil grievances and
a quest for a separate state. With the end of the war in 2009, it was
obvious that the war was over but the conflict was not. Still the situation
is much the same as shown by the Tamil uprising of September 24. Rebuilding
Lanka’s economy, based on national integration is paramount for the
country, not only to thrive politically but also economically.

*Economic and political discrimination*

The language policy that was removed by thirteenth amendment
institutionalized both economic and political discrimination in the past. A
healthy, more equitable economy is the key to any society emerging from a
war as bitter as Lanka experienced, and is crucial to mitigating future
conflict. The constitutional assembly is preparing to change the
constitution to give equality and self autonomy to the Tamil people. That
is essential.

A critical element to address in this context is equal treatment under the
law. Yet there is rising concern that, across a broad range of issues, this
equality has yet to be realized. The Report of the Committee on a new
chapter on Fundamental rights in the Constitution has started a vibrant
discussion on this subject. It has been pointed out that the Equality of
Women in any society is intrinsic to a vibrant economy and important issue
in post-conflict transitions. For Lanka, gender equality will be
fundamental to a stable, peaceful and equitable future.

The report points out not only to providing opportunities to grow the
economy but also to promoting the basic labour rights that are essential to
a well-functioning industrial relations atmosphere and a sense of equitable
development. Not surprisingly, widespread wage discrimination is
disadvantaging women in the SAARC region. It has been pointed out that the
region’s female workforce experiences gender-specific consequences born of
poor working conditions, weak enforcement of legal provisions and
non-conformity with international labour standards.

*Poverty alleviation*

Lanka is one of the rare developing countries in the region that has had in
place, by law, a pension and social safety net for workers; the Employee
Provident Fund (EPF) and the Employee Trust Fund (ETF). Employers are
statutorily obligated to contribute to both. However often employers are
simply not paying into the funds. This set of conditions in Tamil homeland
area, creates an incredibly precarious situation for workers who are hoping
to earn a livelihood that can sustain them and support their future.

It also points to the distinction between enforcement and equal treatment
under the law for the Tamil homeland and other parts of the country. While
implementation of the labour code is problematic countrywide, unions
outside of the Tamil homeland have a tradition of challenging employers in
court to ensure the law is fairly applied and provides some measure of
remedy. This anomaly has to be removed immediately. The Sri Lankan
government should fully adopt and promulgate the International Labour
Organisation's (ILO) Decent Work Agenda to promote inclusive growth,
poverty alleviation, shared prosperity and basic minimum standards of
living. The Decent Work Agenda is obligatory for ILO member countries such
as Lanka.
http://www.dailynews.lk/?q=2016/10/01/features/94594


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