Social equity lags behind economic progress in Sri Lanka, says Law and Society Trust

“Benefits arising from economic development do not automatically percolate down to the grass roots level,” warns President Mahinda Rajapaksa. The Sri Lankan President was addressing other heads of state at the recent South Asian Association for Regional Cooperation (SAARC) summit in The Maldives.

The astute remark is confirmed in the UN Committee on Economic, Social and Cultural Right’s November 2010 concluding observations on Sri Lanka’s implementation of its international obligations under the UN Covenant on Economic, Social and Cultural Rights ratified in June 1980.

The good news is that Sri Lanka is apparently ‘on track’ to achieve most of the targets set in the Millennium Development Goals by 2015.

The bad news, as disclosed by the international independent experts in the UN Committee, is that large sections of the population still do not enjoy the rights entitled to them even in access to basic needs and services, despite annual economic growth rates in excess of six per cent.

Around 30 per cent of children and almost 25 per cent of women experience malnutrition, in the absence of an integrated nutrition programme and public food distribution system accessible to the most disadvantaged and marginalised.

The lack of basic sexual and reproductive health services, and restrictive laws, are blamed for the tragedy of high numbers of expectant women’s deaths (10 per cent) in illegal and unsafe back-street abortions.

Public investment in education is “at a relatively low level”, according to the UN Committee, which is also concerned by the high drop-out rate (one in five) of school-going children before completing their nine years of compulsory education. Also, the State has not fulfilled its obligation to include human rights and peace education in the school curricula.

Child labour laws have not been adequately enforced, according to the UN Committee, which claims that almost one million children are exploited in agriculture or as domestic servants and vulnerable to violence.

There is an “acute housing shortage” in Sri Lanka, and increased incidence of forced evictions especially of people in informal urban settlements. Those persons who are forcibly evicted should be adequately compensated or provided with alternative accommodation consistent with international standards, the UN Committee says.

Despite greater awareness of mental health issues – including in communities directly affected by the war – there has been no progress in enactment of the 2007 draft Mental Health Bill. The UN Committee also calls upon the State to strengthen psycho-social assistance especially for children.

Women and girl-children are discriminated against through gender-biased general and personal laws, such as the 1935 Land Development Ordinance and the lack of protection from early and forced marriages including in the Muslim personal law. Cultural sensitivities should not excuse gender-based violations including marital rape which has not been criminalised in all circumstances.

Youth unemployment in Sri Lanka is of serious concern to the UN Committee, which also noted that women were twice as likely to be unemployed as men. The State is urged to adopt a national action plan for the promotion of stable employment opportunities for women and younger people. The inadequate protection of women from direct and indirect discrimination in employment and occupation including equal remuneration for work of equal value drew the attention of the UN Committee.

Considering the exploitative conditions of women in domestic service abroad, the State is urged to comprehensively assess women labour migration, including impacts on their families, and to provide alternative employment opportunities for women locally.

Restrictions on trade union rights such as the high threshold (40 percent of total workforce) for legal recognition; the use of essential services orders; non-deterrence of current penalties for anti-union discrimination; and interference in the operation of trade unions especially in export-processing zones concerned the UN Committee.

Vulnerable and marginalised communities are most at risk of violations of their economic, social and cultural rights.

The indigenous Veddah communities are impoverished and have been evicted from their traditional lands. Veddah children are ostracised in schools and to be found in hazardous occupations. The absence of a state authority for Veddahs to ensure their representation and informed participation is strongly felt. Sri Lanka has also not ratified ILO Convention No. 169 that protects the rights of indigenous and tribal peoples.

The living and working conditions of estate sector communities, largely Tamils of recent Indian origin, were described by the UN Committee as “harsh,” and it expressed its alarm over the increase in poverty in this sector whereas the State claims poverty is on the decline island-wide. The National Plan of Action for the Social Development of the Plantation Community, though finalised in 2006, has not been implemented and should be adequately resourced. A decent monthly salary for estate workers is advocated.

In view of the discrimination and stigmatisation experienced by persons with disabilities, including exclusion of children with disabilities from the education system, the UN Committee urged the State to promote social inclusion including in the labour market and to ratify the Convention on the Rights of Persons with Disabilities and recognise the remedy of individual complaint to its expert committee.

Sri Lanka’s State Report on implementation of its international obligations was 15 years overdue, when reviewed last year, and silent on many ESC Covenant rights and provisions. Therefore, the government of Sri Lanka agreed to submit its next report before June 2013.

Although the UN Committee encouraged the State to publicise its concluding observations and recommendations, including through translation into local languages, and to engage with civil society organisations, there have not been any initiatives on its part.

Therefore, the civil society Collective for Economic, Social and Cultural Rights, consisting of dozens of community-based organisations and national-level organisations, has translated the UN Committee’s report into Sinhala and Tamil for the information of the general public.

A national consultation on 24 November in Colombo, will discuss the status of implementation of Sri Lanka’s international obligations, taking up President Rajapaksa’s message to SAARC leaders that “social equity must go hand in hand with economic progress”.