Sri Lanka must ratify ILO Convention 190 to combat workplace harassment: Shyamali Ranaraja

Attorney-at-Law Shyamali Ranaraja – Pic by Lasantha Kumara

• At Women’s Leadership Forum, Attorney-at-Law Shyamali Ranaraja says C190 addresses grievances of all stakeholders regardless of gender and position
• Highlights C190’s broad scope mandates legal accountability for employers and Govt.s to protect workers; covers all forms of harm – physical, psychological, sexual and economic abuse
• Opines ratifying C190 will lead to robust enforcement measures and proactive preventive strategies in workplaces
• Agrees on existence of legislative loopholes and bureaucracy that hinder immediate action
• States no provision in SL recognises different responsibilities of employers, Govt. and workers, resulting in ambiguity in accountability
• Asserts violence and harassment at work not recognised as offences under OSH laws, though any workplace dispute considered industrial dispute 
• Says ratifying C190 will support marginalised groups, strengthen enforcement and promote prevention via strategies 
• Insists on raising awareness on existing laws, monitoring compliance and enabling support systems in addition to ratification

By Janani Kandaramage

Attorney-at-Law Shyamali Ranaraja recently asserted the urgent need for the Government to ratify and enforce the International Labour Organisation’s (ILO) Convention No. 190 (C190) on workplace violence and harassment, emphasising its role in driving systemic changes in workplace practices.

Her demand was made following the recent sexual assault of a female doctor in a main Government hospital in the country.

C190 was adopted in June 2019 and came into force on 25 June 2021 following its ratification by Fiji and Uruguay in 2021 that month. As of March 2025, a total of 49 countries have ratified the C190 on violence and harassment in the world of work, making it essential for Sri Lanka to follow suit in promoting safer workplaces that align with global standards. 

Speaking at the “Women’s Leadership Forum” hosted by the Women’s Chamber of Industry and Commerce (WCIC), Ranaraja opined that the convention aims to prompt policymakers into establishing robust legal frameworks that safeguard all workers from violence and harassment, regardless of gender. 

“A proper ratification and implementation of this convention will create a legal obligation for both employers and the Government to enforce accountability mechanisms, ensuring that victims of harassment at workplaces are offered effective redress to their concerns,” she stressed.

Ranaraja said that the convention covers a range of unacceptable behaviours, including—physical, psychological, sexual, and economic forms of mistreatment such as bullying, intimidation, discrimination, psychological harm or coercion. 

“The recent sexual assault of the female doctor is a testament to how unsafe professionals are in their respective institutions which they are expected to treat like their second home. Reforms must be made on State and institutional level, but while efforts must begin now—this process may take years before its effects filter into society. Therefore, ratifying the C190 promptly is integral in driving systemic changes to workplace practices,” she remarked. 

She also spotlighted the C190’s comprehensive scope, addressing concerns of various stakeholders, including job applicants, seekers, apprentices, trainees, volunteers, managers, supervisors, and unfairly terminated employees.

Besides requiring member States to comply with its mandate, the convention obligates employers to take preventive steps, such as—implementing workplace policies, conducting risk assessments, and providing training to prevent violence and harassment. Ensuring access to enforcement mechanisms and remedies for victims-including complaint and dispute resolution systems, support services, and legal assistance is also a key objective of the convention.

Acknowledging the existence of legal provisions such as Sri Lanka’s Section 345 which criminalises sexual harassment, Ranaraja noted that enforcement is hindered by lengthy proceedings, excessive documentation, and the need for consultations with multiple parties. 

Additionally, she pointed to the unnecessary scrutiny drawn to victims when they seek action, discouraging the masses from reaching out to Human Resource (HR) or even the Police. 

Highlighting other legislative gaps, she claimed that no provision in Sri Lanka recognises different responsibilities of employers, Government, and workers resulting in ambiguity in accountability. In addition, although affirmative action is possible to benefit women, or persons with disabilities, no such provision has been enacted. 

“Worst of all however, is undoubtedly the lack of recognition of violence and harassment at work as offences in other laws such as Occupational Safety and Health (OSH), although any dispute in the workplace could be deemed an industrial dispute,” Ranaraja explained. 

She added: “This is the reason ratifying C190 is important as it will extend support to marginalised groups, enhance enforcement mechanisms and encourage preventative measures via proactive strategies.” 

Besides ratification, the Attorney-at-Law stressed raising awareness on legislation and regulations, close observation of compliance, and a commitment to improving enforcement mechanisms via strengthened accountability and support systems in work environments.