Abuses Against Malaiyaha Tea Estate Workers Amount to Forced Labour: Amnesty International
Photo courtesy of Amnesty International
A new report by Amnesty International, Abandoned by the State, Trapped in Private Estates: Rights Abuses Against Sri Lanka’s Malaiyaha Tamil Tea Workers, charges that Malaiyaha Tamils working on private tea estates and smallholdings are being subjected to abuses that meet many of the International Labour Organization’s (ILO) indicators of forced labour while being denied access to the country’s strict labour protections.
The report documents Amnesty International’s research into private tea estates and smallholdings in the Southern Province, a community already marginalized by generations of discrimination, landlessness and exclusion. Amnesty International visited 45 private estates and smallholdings in the Galle and Matara districts in January and February 2024 and conducted 154 interviews with workers on the 45 estates and five interviews with workers outside these estates who had lived and worked on estates. Interviews were also conducted with government officials.
Here are excerpts from the executive summary of the report:
“The Malaiyaha Tamil community are descendants from workers brought to Sri Lanka from the southern part of India by British colonisers in the early 19th century to work on tea plantations. The community is one of the most discriminated against and deprived. The marginalisation of the Malaiyaha Tamils stems from historic denial of citizenship by the government, including the passing of the 1948 Citizenship Act, which laid down specifications for citizenship based on descent. In 2003 this was finally rectified by granting citizenship to “persons of Indian origin”, but decades of disenfranchisement, statelessness and barriers to land ownership have had lasting intergenerational consequences for the community.
“Although tea exports are Sri Lanka’s second largest source of export revenue, the benefit has not reached Malaiyaha Tamil workers, who are the backbone of tea production, which takes place on plantations managed by plantation companies and state corporations, as well as privately owned estates and smallholdings.
“The research revealed that Malaiyaha Tamil workers experience multiple human rights abuses, including in relation to forced labour. This is inconsistent with Sri Lanka’s obligations under international law. ILO conventions define forced labour as work “extracted under the menace of any penalty” where the worker “has not offered himself voluntarily”. The ILO identifies specific indicators of forced labour, including abuse of vulnerability, intimidation and threats, physical and sexual violence, debt bondage, restriction of movement, and abusive working and living conditions, all of which were documented in the experiences of Malaiyaha Tamil workers during the research. ILO members are obliged to take effective steps to suppress and penalize the use of forced labour.
“Abuse of vulnerability is a key indicator of forced labour. The Malaiyaha Tamil community has long experienced historic, systemic and structural racial discrimination based on descent, ethnic origin, caste and language, which have made them vulnerable to forced labour. Amnesty International’s investigation shows how employers of private tea estates and smallholdings abused the vulnerabilities associated with the Malaiyaha Tamil identity, including caste-based discrimination, to subject these workers to forced labour.
“The challenges and vulnerability facing the Malaiyaha Tamil community are compounded by systemic landlessness, which means that many do not own land or have a land title. The research revealed that workers’ housing was tied to their employment on estates. This multiple dependency on the estate management, not only for work but also housing, makes workers more vulnerable to abuse and forced labour. On all the 45 estates visited, workers said that they were reliant on their employer for housing. Fear of forced eviction and a feeling of entrapment left workers vulnerable and unable to challenge poor living and working conditions.
“Another key indicator of forced labour is physical and sexual abuse. Workers on 15 estates told Amnesty International that they had been subjected to or had witnessed verbal and/or physical abuse against workers by estate management. Reasons included criticizing the estate, not coming to work, lateness and enquiring about unpaid salary. The threat of physical violence was also reportedly used as an intimidation tactic. Furthermore, workers reported experiencing sexual abuse.
“Malaiyaha Tamil workers live in poverty, which results in economic vulnerability, including to debt bondage, and reliance on private estates and smallholdings for housing, healthcare and other essential needs. Debt bondage is both an indicator and form of forced labour. Debt bondage can result in workers being tied to an employer for an indefinite period, even across generations. By using tactics that prevent workers from receiving the daily minimum wage, including unrealistic daily tea picking targets and a lack of transparency regarding wage deductions, the research revealed that estate managements force workers to rely on wage advances and loans to meet their basic daily expenses, including food and medicine. The research found that the withholding of daily minimum wages, illegal wage deductions, undefined repayment terms and inflated prices for groceries forced workers into an endless cycle of increasing debt to estate owners. This put them under the control of the estate owners, sometimes across multiple generations, in a situation that could amount to debt bondage.
“Workers on at least 22 estates described restrictions imposed by estate management on their freedom of movement. The restrictions varied from estate to estate and included not being able to leave the estate after a certain time, not being permitted to undertake personal errands or travel without approval or with all family members present, having limits on the duration of travel, and having to inform management of their destination. Such restrictions on free movement can impact the exercise and enjoyment of other human rights, such as the right to a family life without arbitrary interference, as well as the right to education. Workers described how estates would require one member of the family to stay on the estate because they feared the family would flee otherwise. Parents also reported not being allowed to send their children to school.
“Malaiyaha Tamil workers are exposed to abusive working and living conditions, a further indicator of forced labour. This research affirmed existing findings that tea estate workers in Sri Lanka face precarious working conditions. Interviewees described a lack of personal protective equipment and injuries sustained during their work. There is currently no national policy or legislation specifically targeted at the occupational health and safety concerns of estate workers. Furthermore, Malaiyaha Tamil estate workers’ living conditions fail to meet key elements of the right to adequate housing. Apart from lack of security of tenure, the housing provided to workers lacks sufficient space, weatherproof infrastructure and adequate sanitation.
“Amnesty International’s research revealed significant gaps in Malaiyaha Tamil workers’ access to social security benefits. This contravenes Sri Lanka’s human right obligations, under which states have a duty to respect, protect and fulfil the right to social security, including taking measures to ensure all communities can enjoy this right. Workers reported that they did not have access to maternity benefits, a pension or sickness leave. Employers on private estates and smallholdings deliberately and incorrectly classify Malaiyaha Tamil workers as “casual workers”, which disconnects them from all labour-related legal entitlements and basic statutory benefits. Sri Lanka’s Supreme Court and Court of Appeal have affirmed that where an employer retains power to control the worker – as is clearly the case with Malaiyaha Tamil estate workers – such a person cannot be treated as an independent contractor. The exploitative misclassification of Malaiyaha Tamil workers as “casual” workers means that, among other things, women workers are excluded from maternity benefits.
“In Sri Lanka, employers are required to contribute to the Employee Provident Fund (EPF) and Employee Trust Fund (ETF), which form part of Sri Lanka’s social security system that benefits employees after retirement. The research revealed that estate workers are being denied access to pension benefits. Employers must register their workers for EPF and ETF. Workers reported being either uncertain of having been registered or not being registered for these benefits. Workers lacked transparent records of the contributions (and corresponding wage deductions) being made on their behalf and as a result were unclear whether they would be able to claim their pensions on retirement. The research also highlighted that Malaiyaha Tamil estate workers do not have access to paid sick leave. Workers reported that they were expected to continue working when unwell.
“Amnesty International’s research shows that trade union access for tea estate workers is very limited, and often entirely absent or prohibited by their employers. Restrictions on joining and forming trade unions are unlawful under Sri Lanka’s Constitution, national legislation and international obligations. The estates visited during the research appeared to be hostile to the idea of unions and did not have unions operating. A trade unionist told Amnesty that he felt there was a correlation between the lack of unions and the increased rights abuses experienced by Malaiyaha Tamil workers.
“The research found significant failings in labour inspections and enforcement of employment standards at tea estates in Matara and Galle districts. The Department of Labour, which sits within the Ministry of Labour, is responsible for enforcing labour laws in Sri Lanka through inspections focusing on issues such as working hours, pay, benefits and working conditions. The Labour Department told researchers that routine inspections are conducted, but highlighted that in the case of estate workers their lack of documentation and the language barrier pose specific challenges. Workers reported that officials rarely visited the estates and that their grievances remained unresolved.
“Despite Sri Lanka’s robust legislative framework, Malaiyaha Tamil workers face multiple challenges to accessing justice or remedies for abuses or poor working conditions. These include language, geographical distance, inability to take time off work to follow up on complaints due to loss of wages, discriminatory or prejudicial treatment by state officials including police, and the lack of access to documentation including relating to their employment. Much of the power to address complaints appears to lie with the police, who were reportedly unsupportive and prejudiced in their dealings with Malaiyaha Tamil workers seeking redress. Persistent marginalization and systemic discrimination obstruct the workers’ access to institutions such as the police, the Labour Department, the Labour Tribunal and arbitration for effective remedies against ongoing forced labour and unfair labour practices on private estates and smallholdings.
“The list of recommendations include the following:
- Immediately initiate a targeted special labour inspection to determine the nature and extent of labour rights abuses on private estates and smallholdings.
- Support investigations, criminal prosecutions and appropriate civil proceedings, and ensure that penalties imposed by law are strictly enforced.
- Ensure that relevant public authorities take proactive steps to identify and address barriers faced by the Malaiyaha Tamil community in accessing socio-economic rights, including adequate housing.”
Read the full report here: https://www.amnesty.org/en/documents/ASA37/1011/2026/en/
