By Feizal Samath
COLOMBO, Sep 18 1999 (IPS)

Bold new legislation awaiting parliamentary approval will end discrimination on gender, ethnic and political grounds in Sri Lanka, officials say.

The Chandrika Kumaratunga government’s proposed Equal Opportunities Bill is targeted at the private sector, since the government is bound by Sri Lanka’s Constitution to guarantee equality as a fundamental right.

Discrimination (direct or indirect) on grounds of ethnicity, gender, religious or political convictions, caste, age and disability are all taken care of by the Bill, which also provides for recourse to justice in case of discrimination.

Rohan Edrisinha, a law teacher and director at the Centre for Policy Alternatives, observes the bill is wider in scope than equality provisions covered in the Constitution that apply only to the public sector.

“There have been many fundamental rights cases filed in the Supreme Court on discrimination on ethnic grounds in issues like recruitment or promotions in the public sector. But the new bill covers a wide range of issues,” he says.

A senior researcher at a private think-tank which assisted the government to draft the Bill avers, “It’s a good piece of legislation which will encourage the culture of equal opportunities so that the workplace will reflect ethnic diversity.”

The researcher says a recent study revealed shocking gender disparity in the public sector where only 11 percent of employees were women, mainly working as stenographers, clerks and secretaries. Chances of their rising up the ladder are non- existent.

“This has to change. This legislation will bring in equality as far as gender in concerned,” she argued.

Only four countries have laws to promote equal opportunities – – Australia, the United States, Canada and Northern Ireland. The researcher, who insists on remaining anonymous, says only Australia has successfully implemented the law.

“Why? I think this is because there has been a lack of public education in society about the equal opportunity laws. It is important for the public to understand these laws for its successful implementation,” the researcher said.

In Sri Lanka, discrimination particularly sexual harassment at the workplace is a serious problem. Many of the cases are from the free trade zones, where most workers are women.

On Sep. 3, the Constitutional Affairs and Justice Minister Prof. Gamini Lakshman Peiris told reporters and women’s groups that the bill was one of the most far-reaching pieces of legislation in Sri Lanka and would transform “some aspects of the country’s political culture.”

He outlined all private companies employing more than 100 people would have to fall in line within a year, and formulate policies to guarantee equal rights which have to be submitted to a Commission set up under the Act.

“The intention is not to punish but make sure employers take a proactive role in ensuring equal opportunity,” Peiris said.

Peiris has been busy briefing political parties, trade unions and women’s groups on the Bill, seeking their support for its approval by parliament. “It is not a coercive legislation but aimed at preventing various forms of delinquencies,” he says.

Simultaneously the various private Chambers of Commerce are running seminars and workshops to advise employers on the new laws, and what they need to do to stop discrimination.

“It seems a progressive piece of legislation. The UNP (main opposition United National Party) is studying it at present,” opposition parliamentarian Mahinda Samarasinghe said.

There are clauses in the bill relating to discrimination at work, in education, in access to places and vehicles, in the provision of accommodation and the provision of goods and services.

When enacted it will be mandatory for public and private sector employers to be committed to rights, review human resource policies and practices, establish a strategic plan that incorporates the objectives, strategies and targets, and monitor and evaluate the success of the implementation of the strategies.

An Equal Opportunities Commission would be set up to investigate and settle complaints through conciliation and

mediation. It would monitor annual reports, and develop and implement affirmative action programmes if organisations do not practice equal opportunity principles.

An Equal Opportunity Tribunal, which would be established to settle disputes referred by the Commission, would be conferred with powers to summon witnesses, hear evidence or issue interim orders.

Employers will also be required to submit annual reports on the implementation of equal opportunities issues, and those who do not comply risk sanctions, including stiff penalties of between 50,000 rupees (715 dollars) and 100,000 rupees.

Excerpt:

By Feizal Samath
COLOMBO, Sep 13 1999 (IPS)

Bold new legislation awaiting parliamentary approval will end discrimination on gender, ethnic and political grounds in Sri Lanka, officials say.

The Chandrika Kumaratunga government’s proposed Equal Opportunities Bill is targeted at the private sector, since the government is bound by Sri Lanka’s Constitution to guarantee equality as a fundamental right.

Discrimination (direct or indirect) on grounds of ethnicity, gender, religious or political convictions, caste, age and disability are all taken care of by the Bill, which also provides for recourse to justice in case of discrimination.

Rohan Edrisinha, a law teacher and director at the Centre for Policy Alternatives, observes the bill is wider in scope than equality provisions covered in the Constitution that apply only to the public sector.

“There have been many fundamental rights cases filed in the Supreme Court on discrimination on ethnic grounds in issues like recruitment or promotions in the public sector. But the new bill covers a wide range of issues,” he says.

A senior researcher at a private think-tank which assisted the government to draft the Bill avers, “It’s a good piece of legislation which will encourage the culture of equal opportunities so that the workplace will reflect ethnic diversity.”

The researcher says a recent study revealed shocking gender disparity in the public sector where only 11 percent of employees were women, mainly working as stenographers, clerks and secretaries. Chances of their rising up the ladder are non- existent.

“This has to change. This legislation will bring in equality as far as gender in concerned,” she argued.

Only four countries have laws to promote equal opportunities – – Australia, the United States, Canada and Northern Ireland. The researcher, who insists on remaining anonymous, says only Australia has successfully implemented the law.

“Why? I think this is because there has been a lack of public education in society about the equal opportunity laws. It is important for the public to understand these laws for its successful implementation,” the researcher said.

In Sri Lanka, discrimination particularly sexual harassment at the workplace is a serious problem. Many of the cases are from the free trade zones, where most workers are women.

On Sep. 3, the Constitutional Affairs and Justice Minister Prof. Gamini Lakshman Peiris told reporters and women’s groups that the bill was one of the most far-reaching pieces of legislation in Sri Lanka and would transform “some aspects of the country’s political culture.”

He outlined all private companies employing more than 100 people would have to fall in line within a year, and formulate policies to guarantee equal rights which have to be submitted to a Commission set up under the Act.

“The intention is not to punish but make sure employers take a proactive role in ensuring equal opportunity,” Peiris said.

Peiris has been busy briefing political parties, trade unions and women’s groups on the Bill, seeking their support for its approval by parliament. “It is not a coercive legislation but aimed at preventing various forms of delinquencies,” he says.

Simultaneously the various private Chambers of Commerce are running seminars and workshops to advise employers on the new laws, and what they need to do to stop discrimination.

“It seems a progressive piece of legislation. The UNP (main opposition United National Party) is studying it at present,” opposition parliamentarian Mahinda Samarasinghe said.

There are clauses in the bill relating to discrimination at work, in education, in access to places and vehicles, in the provision of accommodation and the provision of goods and services.

When enacted it will be mandatory for public and private sector employers to be committed to rights, review human resource policies and practices, establish a strategic plan that incorporates the objectives, strategies and targets, and monitor and evaluate the success of the implementation of the strategies.

An Equal Opportunities Commission would be set up to investigate and settle complaints through conciliation and

mediation. It would monitor annual reports, and develop and implement affirmative action programmes if organisations do not practice equal opportunity principles.

An Equal Opportunity Tribunal, which would be established to settle disputes referred by the Commission, would be conferred with powers to summon witnesses, hear evidence or issue interim orders.

Employers will also be required to submit annual reports on the implementation of equal opportunities issues, and those who do not comply risk sanctions, including stiff penalties of between 50,000 rupees (715 dollars) and 100,000 rupees.

Excerpt: