Ratifying Rights, Reforming Workplaces: ILO Convention No. 190 And The Future Of Workplace Harassment Law In Sri Lanka

ABSTRACT

Sri Lanka’s ratification of the ILO Violence and Harassment Convention, 2019 (No. 190) represents a significant advancement in the recognition of the right to a world of work free from violence and harassment. However, ratification alone does not ensure effective protection unless supported by comprehensive domestic implementation. This paper critically examines the extent to which Sri Lanka’s existing legal framework incorporates the principles and obligations embodied in Convention No. 190. It analyses constitutional protections, criminal law provisions, labour legislation, domestic violence law, and recent judicial developments, including key Supreme Court decisions recognising workplace sexual harassment and employer obligations. The paper argues that, despite important judicial progress, Sri Lanka’s current legal regime remains fragmented, reactive, and insufficiently aligned with the Convention’s broader preventive and remedial framework. Significant gaps persist in relation to statutory definitions, employer prevention duties, protection of informal workers, anti-retaliation safeguards, accessible complaint mechanisms, and the employment-related consequences of domestic violence. The paper therefore proposes the enactment of a comprehensive Workplace Anti-Harassment and Violence Act, supported by amendments to existing labour and domestic violence legislation, specialist enforcement mechanisms, and victim-centred support services. It concludes that Sri Lanka’s international commitment under Convention No. 190 can be meaningfully realised only through enforceable domestic law capable of protecting all workers across formal and informal sectors.