{"id":152804,"date":"2015-10-29T13:58:00","date_gmt":"2015-10-29T08:28:00","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=152804"},"modified":"2015-10-29T13:59:48","modified_gmt":"2015-10-29T08:29:48","slug":"ilo-accused-of-supporting-govts-secret-labour-law-reforms","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/ilo-accused-of-supporting-govts-secret-labour-law-reforms\/","title":{"rendered":"ILO Accused Of Supporting Govt’s Secret Labour Law Reforms"},"content":{"rendered":"

The International Labour Organisation (ILO) facilitated move to reform selected labour laws without consulting worker stakeholder\u2019s has come under fire from the Trade Unions.<\/p>\n

In a letter sent to ILO Country Director for Sri Lanka and the Maldives Donglin Li, the Trade Union\u2019s state that \u201cwe the undersigned unions have reliably learnt that the Colombo office of the ILO is facilitating the reform of selected labour laws and your office has offered the government of Sri Lanka the services of two retired judges of the Supreme Court in order to provide necessary expertise\u201d.<\/p>\n

\"DSCN2107\"<\/a>Further on the matter the Unions say that that a meeting will be hosted by the ILO on 2nd November 2015 to present the proposed draft labour reforms to unions.<\/p>\n

The Unions say that they have been informed by a responsible senior official of the department of labour that as part of this process, major changes to the Industrial Disputes Act have already been effected in draft form and several other Acts are currently being reviewed.<\/p>\n

The Union collective states \u201cWe wish to categorically state that we do not intend to be mere respondents of draft reforms or reviews the ILO unilaterally develops with chosen stakeholders sans any input or hearing from worker stakeholders. We consider this as a blatant disregard of the significance of the role of worker stakeholders\u201d.<\/p>\n

\u201cIn the above circumstances we wish to know, at whose behest the ILO has undertaken this process of labour reforms and why worker stakeholders were kept out of this process and its terms of reference not made public\u201d<\/p>\n

The Unions say that if a tripartite stakeholder is of the view that the current laws dealing with employment require changes they should first be brought to the attention of the stakeholders
\nAlso the Unions have questioned the reputation and track record of the ILO nominated retired members from the judiciary to oversee the process.<\/p>\n

\u201cIt is regretting to note that there are serious issues with the impartiality and integrity of these experts. One of them is a collaborator of the disgraceful impeachment of Chief Justice 43 and a cohort of the former regime who was unceremoniously and physically chased out from a high profile legal education institution headed by the country\u2019s chief justice, after the fall of the former regime. This ex judicial officer was also a member of the bench that restricted the exercise of the right to strike in 2006\u201d the letter adds.<\/p>\n

The full letter sent by the Unions to the ILO chief is published below;<\/p>\n

12th October 2015<\/p>\n

Mr.Donglin Li
\nILO Country Director for Sri Lanka and the Maldives
\nBauddhaloka Mawatha
\nColombo 7.<\/p>\n

Dear Sir,<\/p>\n

ABSENCE OF IMPARTIALITY AND INTEGRITY IN THE ILO FACILITATED\u00a0LABOUR REFORM PROCESS<\/p>\n

We the undersigned unions have reliably learnt that the Colombo office of the ILO is facilitating the reform of selected labour laws and your office has offered the government of Sri Lanka the services of two retired judges of the Supreme Court in order to provide necessary expertise. Further, upon inquiry from your office, we have been informed that a meeting will be hosted by the ILO on 2nd November 2015 to present the proposed draft labour reforms to unions and any union that is desirous of being invited to this event should submit its contact details to the ILO Colombo office. We have also been informed by a responsible senior official of the department of labour that as part of this process, major changes to the Industrial Disputes Act have already been effected in draft form and several other Acts are currently being reviewed and we were requested to seek clarification from your office, should we require any information since this exercise is facilitated by the ILO.<\/p>\n

We wish to state that if a tripartite stakeholder is of the view that the current laws dealing with employment require changes they should first be brought to the attention of the stakeholders. We regret to note that no such intimation have been brought to our notice by any stakeholder. We also strongly believe that stakeholders should be called upon to make representations of their positions at the outset of such a process and a constructive hearing offered prior to the drafting of reforms or beginning of the process of review, so that perspectives of stakeholders are reasonably engaged and taken into consideration in the overall course of reforms.<\/p>\n

We wish to categorically state that we do not intend to be mere respondents of draft reforms or reviews the ILO unilaterally develops with chosen stakeholders sans any input or hearing from worker stakeholders. We consider this as a blatant disregard of the significance of the role of worker stakeholders.<\/p>\n

In the above circumstances we wish to know, at whose behest the ILO has undertaken this process of labour reforms and why worker stakeholders were kept out of this process and its terms of reference not made public.<\/p>\n

We also wish to bring to your attention that if the ILO is utilising the services of retired members of the judiciary their impartiality and integrity should be manifest and they should be individuals reasonably acceptable and who could command the confidence of all three stakeholders.<\/p>\n

It is regretting to note that there are serious issues with the impartiality and integrity of these experts. One of them is a collaborator of the disgraceful impeachment of Chief Justice 43 and a cohort of the former regime who was unceremoniously and physically chased out from a high profile legal education institution headed by the country\u2019s chief justice, after the fall of the former regime. This ex judicial officer was also a member of the bench that restricted the exercise of the right to strike in 2006. This decision of the of the local judiciary was ruled as contrary to the principles enunciated in Conventions No.87 and 98 in the findings of ILO Committee on Freedom of Association Case No.2519 (Sri Lanka), which was adopted at the 300th Session of the Governing Body of the ILO in November, 2007.<\/p>\n

It is needles to state such questionable past conduct of some members of the local judiciary left the government of Sri Lanka with no option other than to co sponsor a resolution calling for a \u201chybrid\u201d mechanism to investigate violations of norms of international humanitarian law in September 2015 at the UNHRC in Geneva, as the judiciary has failed to command its independence in the eyes of all communities living in the country. In these circumstances it is all the more important that cautious and tripartite consensus based decisions are reached in choosing ex members of the judiciary, especially from among those who served in the era of the former regime.<\/p>\n

In view of the above and as integral stakeholders of the tripartite process of labour we kindly request you to:<\/p>\n