E/C.12/LKA/CO/5 12. The Committee encourages the State party to take into account the recommendations of the 2017 report of the Special Rapporteur on the independence of judges and lawyers on her mission to Sri Lanka (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative. Non-discrimination 13. The Committee is concerned that the State party has not yet adopted a comprehensive anti-discrimination law. It also notes with concern that although the Constitution establishes the principle of equality and non-discrimination under article 12 (2), prohibiting discrimination on the grounds of race, religion, language, caste, sex, political opinion and place of birth, it does not include the grounds of colour, national or ethnic origin, disability, sexual orientation or gender identity (art. 2). 14. The Committee recommends that the State party adopt a comprehensive antidiscrimination law, in accordance with article 2 of the Covenant. It also recommends that it expand the non-discrimination clause in article 12 (2) of the Constitution to include, inter alia, the grounds of colour, national or ethnic origin, disability, sexual orientation or gender identity. The Committee draws the State party’s attention to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. 15. The Committee, while welcoming the National Plan of Action for the Social Development of the Plantation Community (2016-2020), is concerned that the Up-country community (or so-called “plantation Tamils”) suffer from direct and indirect discrimination (including caste-based) with regard to most Covenant rights, including high levels of poverty, poor working conditions, inadequate housing conditions, lack of access to health care, lack of quality education and high drop-out rates, child labour and a lack of citizenship or identity documents (arts. 2, 7 and 11-13). 16. The Committee recommends that the State party take steps to prioritize the implementation of the National Plan of Action for the Social Development of the Plantation Community, in particular to eradicate poverty, ensuring adequate water and sanitation, expediting measures foreseen to construct individual houses for persons living in line rooms (accommodation in the tea plantations, in which 6 to 24 rooms are lined up together, each housing between 6 and 11 family members), addressing child malnutrition and ensuring access to quality health care. 17. The Committee is concerned that consensual same-sex sexual conduct continues to be criminalized. It is concerned that discrimination against lesbian, gay, bisexual, transgender and intersex persons is widespread, including in law enforcement, employment, health care, housing and education, and that lesbian, gay, bisexual, transgender and intersex persons have been subjected to threats and attacks on social media on the basis of their sexual orientation or gender identity (art. 2). 18. The Committee urges the State party to amend the Penal Code with a view to decriminalizing consensual same-sex sexual conduct. It recommends that the State party take urgent steps to combat and prevent violence against lesbian, gay, bisexual, transgender and intersex persons, and to ensure their equal enjoyment of all human rights, in particular their right to health, education, work and housing. It also recommends that the State party develop and implement training programmes to educate and sensitize law enforcement officers, teachers, health-care workers and public employees on issues affecting lesbian, gay, bisexual, transgender and intersex persons. 19. The Committee is concerned that the State party has not established a national legal framework for refugees and asylum seekers. The Committee is concerned that asylum seekers and refugees in the State party do not have the right to employment or access to nationally available basic services, such as education (arts. 2, 6 and 12-13). 20. The Committee recommends that the State party provide access to the labour market, social assistance, public education and health services for refugees and asylum seekers. It recommends that the State party put in place a national legal 3