A/HRC/44/50/Add.1 parties over those of their own members, while the concerns of smaller independent trade unions were often not heard. 68. Trade unions in Sri Lanka are split into public and private categories and are strictly separate. Under article 21 of the Trade Union Ordinance No. 14 of 1935, public trade unions are forbidden from federalizing with other public or private trade unions. The rationale behind this was allegedly to prevent widespread industrial action across the private sector, in order to protect public works. While public federations do exist in practice, they have no basis in law and can be legally disbanded. 69. Public trade unions experience significant fragmentation within sectors, with some sectors, such as railway workers, registering over 50 representative trade unions. They also often tend towards hierarchical fragmentation within given fields, thereby making it difficult to obtain representative status, which requires 40 per cent of workers within a given field to be members of a trade union in order for it to be able to engage in collective bargaining. Under the Industrial Disputes Amendment Act No. 56 of 1999, no employer may refuse to bargain with a trade union that has in its membership not less than 40 per cent of the workers on whose behalf such trade union seeks to bargain. Reports provided to the Special Rapporteur note that this requirement often leads to infighting between trade unions, in an attempt to gain advantage and claim representation. 70. With regards to the settlement of labour disputes, the Special Rapporteur is concerned about reports that the Department of Labour is perceived to be pro-employer in its mediation efforts. Trade union representatives that he met with stated that the Department unfairly privileged foreign investors, who allegedly viewed trade unions and strong labour rights as deterrents to investment. He also heard a number of complaints regarding the failure of the Department to intervene in industrial disputes in a timely fashion. 71. Concerns have been raised with him about the limited involvement of the Department of Labour with regard to industrial disputes arising in free trade zones, also known as export processing zones. While the right to form trade unions is also guaranteed in these areas, union busting, reprisals for union membership, intimidation, substandard working conditions and sexual harassment are allegedly commonplace. Workers in free trade zones also comprise a particularly vulnerable section of the labour force, since they have often migrated long distances in search of employment, live in lodgings provided by the employers themselves, and lack an effective support structure to help them deal with difficulties that they encounter. 72. Labour laws in Sri Lanka are spread across over 40 sources, which has led the Government to attempt to codify them into a single unified employment law. A draft bill is currently in circulation, although trade union representatives have objected that the bill was created without the knowledge or consultation of trade unions. Although the Government has stated that the new draft law does not curtail any of the rights available to workers, it provides no additional rights. It also reduces limits on minimum terms and conditions, such as maximum daily working hours, which were hard fought for by unions. The bill would affect approximately 2.5 million workers and was rejected by all trade union representatives of the National Labour Advisory Committee. Following widespread dissatisfaction with the bill, the Department of Labour provided trade union representatives a one-month period to provide observations and comments on the text. While the Special Rapporteur welcomes this decision by the Department, he stresses the important consultative benefit that trade unions and members of civil society can confer on the drafting of human rights-compliant legislation at all stages of its formulation. 12