DECEMBER 18TH 2001

Migrant Services is a much needed facility for all concerned -guests and hosts -in areas both personal and professional, in the economic, socio-cultural and political domains and at levels as much local, as international and global, on matters making the difference to individuals, societies, and nations.
Migrant Services -legal, technical, vocational and educational -is centered around the human person with the objective of preserving, defending and promoting Human Rights and upholding human dignity and ensuring integral development of individuals, societies and nations.
Migrant Services are offered to voluntary and documented migrants but also to victims of forced migration [environmental, economic, political, ethnic, religious, etc.] -by far the majority.
Migrant Services is a powerful testimony of genuine trade union solidarity; for employment is a mere location in the production of goods and services -undertaken at home or abroad; whereas work is an extension of the human person in the pursuit of personal and social fulfillment, and, in the promotion of progress and protection of the heritage of humankind.
The Migrant Services Centre of the National Workers' Congress [NWC] provides a significant example of Solidarity of workers and trade unions.
International Migrants Day provides the opportunity to highlight the yeoman service rendered to the Sri Lankan Workers
opting to migrate by providing information, professional training, legal assistance and trade union support;
working abroad by assuring conditions of 'home away from home' through the good offices of like-minded, democratic and value-based trade unions and NGOs in the receiving countries -as is evidenced with the partnership of NWC with DEOK in Cyprus; and,
returning to their homeland by offering them unionization possibilities and extending to them consultancy services for meaningful re-insertion into the mainstream society.

Bilateral Agreements between Labour Sending & Receiving Countries
PRESS RELEASE
On the occasion of International Domestic Workers Day
28th August 2009

“Migrant Domestic Workers are human beings, who have feelings, need warmth, respect, care and love. It is only when they can enjoy their rights and universal values can we realize a just and democratic society”. (CARAM Asia, Colombo Declaration 28/08/2002)

A better deal for Migrant Domestic Workers was offered at a NGO Regional Summit on Foreign Domestic Workers held in Colombo, on 28th August 2002 by participants of 24 countries. They represented Governments, Trade Unions, NGO, International organizations and domestic workers.  It  noted that Sri Lankan Law on Foreign Employment was enacted in 1985, (ACT No 21 of 1985) in order to regulate the business of recruitment of Sri Lankans for Overseas Employment by Private Sector undertakings and Public Corporations.

Under Sri Lankan Law, welfare and protection in employment is also sought through regulation of business of Employment Agencies through a process of licensing.  In 1985 the stock of Sri Lankans in the Gulf Countries was estimated at 150,000. In 2008 it rose to nearly 1,290,211, Housemaids formed 88.24% of total female departures of migrant workers.

It is uncontested that countries of the Middle East desire to employ foreign domestic workers.  Recorded figures of Sri Lankan housemaids employed released that the highest number of Sri Lankan housemaids are employed in Kuwait (35,677) Saudi Arabia and UAE  are in second and third place in receiving house maids.  2 other countries receiving maids are Jordan, and Lebanon.

Though section 39 of Act No 21 of 1985, prohibits recruitment of Sri Lankans in unregulated employments (and domestic worker employment remains unregulated in most countries) Sri Lankan authorities, sought to ensure compliance with the law through a contract of employment entered into by parties before employment commenced. Though reported violations of basic human rights, abuse, harassment and exploitation are common and reasons for this situation may also lie in Socio Political structures, cultural orientations, lack of labour protection; unprepared ness and coping difficulties of female migrants leaving for first time employment; an effort is undertaken by the state to prepare migrants in advance of their overseas employment by sharing information on employer expectations; rules and regulations and requirements of different cultures. The SLBFE attends to onsite problems through efforts of Sri Lankan Missions and Consular Services.

On migrant workers multiple discrimination based on gender, race and class marginalizes domestic workers.  Isolated and individualized conditions of work increase their vulnerability to exploitation and violence. Their health and security also gets compromised (ILO 2005 Multilateral Framework)

The bulk of complaints received relates to harassment, lack of communication, denial of terms of employment and Socio psycho issues. It was estimated that for 500 licensed agencies, there are nearly 10 times that number of individuals who operate illegally as sub agents or job brokers without a license.  The enormous costs of migration which have to be repaid with least delay causes anxiety to migrant workers. A migrant has “little or no” prior knowledge of rights, duties and expectations of employers or prevailing practices and social welfare systems.  It has been reported that some migrant domestic workers are unaware of hostile working conditions, adverse climatic conditions, health hazards or government rules of host countries, prior to their migration for employment. There is no mechanism in place in any host country to receive, counsel and assure new entrants on benefits of early readjustment. Interventions are possible in Police Stations, hardly a place for peaceful conciliation.

A right awareness should be built at both ends of the migration process.  This is best implemented through Inter Country Accords or Bilateral Agreements, between labour receiving and sending countries. Such agreements should provide for joint responsibility and ensure compliance with conditions set out in a contract of employment entered into by parties at the highest level. Such Bilateral Agreements should not be a substitute for a Memorandum of Understanding.

Bilateral Agreements between labour sending and labour receiving countries as expressed in ILO Recommendation 86 provide for among other matters:-

Some countries like Sri Lanka use model contracts of employment and in such situations relevant authorities require individual contracts to be based on such model contracts. These contracts specify

In view of the large number of complaints registered with the SLBFE there is an urgent need for a strong Conciliation service in the bureau to resolve disputes or disagreements with the least delay. The services of an “Ombudsman” may be devised to hold impartial inquiries into activities of licensed agents and other service providers. Repatriation should be facilitated to those unable to adjust and continue in employment within first few months of employment. This should be a matter of priority concern in instances when ever a genuine conciliatory approach has failed.  Migrant failures who return should be provided assistance to resettle in their locations. Generally, measures should be adopted that will ease out differences, shed more light, bring transparency and make the migratory process useful to both senders and receivers. For these purposes governance procedures should be clearly laid down in both sending and receiving states. These efforts will strengthen Bilateral Agreements reached between sending and receiving countries.

At the conclusion of 92nd session of the International Labour Conference on Migration a Non binding Multilateral Framework on Labour Migration was adopted. It recognized “that all international labour standards apply to migrant workers. It admitted that “National labour legislation and social laws and regulations cover all male and female migrant workers including domestic workers in the areas of employment, maternity protection, wages, occupational safety, health and other conditions of work in accordance with relevant ILO instruments”  However, no ILO instrument insist yet on domestic work.

Yet, Domestic service survives in the Middle East. A total of 1.5 million domestic servants (Indonesians, Sri Lankans, Bangladeshis and Nepalese) are employed in the Gulf States alone.   They are governed under Islamic traditions and some have protection of Sharia Law and Al Kafala system. Trade Unions have commenced organizing domestic workers through Cultural Associations, Diaspora Communities, Friendship clubs and so on. Most Housemaids, offer domestic services without proper skills training, certification or legal protection. Sri Lanka faces an immense challenge in raising competence of migrant domestic workers particularly those who seek remigration or resettlement on return. Lack of local employment may drive returnees to re-migrate.  The skill focus needs strengthening by offering in addition to vocational skills, life skills, for women workers from plantations and rural areas. Language and social integration skills are an added requirement. 

The continued employability of women workers demands training in new skills and occupations. Demand has been identified in Nursing, Para-Nursing, Childcare, Home treatment and Care for the elderly.  Government policy has encouraged skilled migration and wish that soon unskilled female housemaid is replaced in the overseas with skilled employees. (Migration Policy of Sri Lanka 2008)

Prevention of Trafficking of Human Persons through
Safe Migration
Mr. G.D.G.P. Soysa, Director – Migrant Services Centre.

Sri Lanka ranks among the world’s 20 main exporters of labour services. As a percentage of total exports of goods and services, it was as high as 20 percent in 2004. It was equally high as a percentage of import of goods. Migrants constitute 12% of the population, earn 23% of net foreign remittances, contribute to 17% of National savings. Sri Lankans who migrate for Foreign Employment are handled by the private sector and monitored by a State Bureau. It is a land based employment program. Private sector operates amidst excessive competition to secure jobs, and in the process some charge exorbitant fees, lower standards of employment and sometimes expose migrant workers to unanticipated risks.

Majority of Sri Lankans who are exposed to this situation are women who leave the country as Housemaids. They are not protected by any labour laws while in employment and have no human rights while they are out of the country. The distinction between slavery and employment in this situation remains rather thin. It is encouraging to note that though the recently approved Labour Law of the Kingdom of Saudi Arabia under article (7) (2) exempt “Domestic helpers and the like” from the law, yet it provides that “the Ministry shall in coordination with the competent authorities draft regulations for domestic helpers and the like to govern their relations with their employers and specifies the rights and duties of each party and submit to the Council of Ministers”.

The reality is that a woman who comes for employment to a house has to forego her passport, her identity and individuality. She loses her independence and her right to move. In spite of these restrictions, some women leave their employers and hide themselves. However the strong arm of law intervenes and they are detained or placed in jail for loitering. Even if they run to the Sri Lanka Embassy for protection, after inquiry the Embassy will normally send them back to their former employer or to the police.

Incidents of women who fall from buildings and die prematurely are often suspected by their relatives as incidents of murder or suicide caused by unbearable trauma. Feminization of migration has posed the greatest challenge for Sri Lankan Overseas Employment program. The “Commodity supply Approach” of Select, Train, Pack, Insure and Export may not succeed in this venture as human nature which is diverse does not always bend itself to Regulations. Should this continue in the 21st Century? A different approach is called.

For this purpose receiving countries should be required to respect human rights and ensure that they reach Bilateral Agreements with the authorities in Sri Lanka to provide protection and welfare to visiting Sri Lankan workers, adopt a reasonable grievance procedure and compensate victims of abuse and violence.
It is reported that 20 –30 percent of persons leaving for employment abroad do not register with the Foreign Employment Bureau. It is claimed that they prefer not to do so, as they are compelled to pay registration fees which are levied on the basis of placement charges permitted under the law, even when they find jobs on their own

Today our concerns are mainly reactive, to regulate the process of recruitment or levy of fees and count on earnings from external remittances. We have to make sufficient attempts to improve quality and introduce professionalism in migrant services. We are on the search for alternative sources of employment for our workers, hence we should provide alternatives to migration, locally or encourage overseas employment after training in skills for women workers who are now sent overseas for domestic service. The overseas employment programme should be proactive, value based and very much a part of an overall national employment strategy.

Sri Lanka’s Overseas Employment Programme has worked on the basis of temporariness. After nearly 20 years of the Bureau’s existence the time has now come to consider a long term overseas employment strategy. It is not possible for Sri Lanka to offer a total overseas employment package through a Bureau. The future calls for setting up an Overseas Employment Authority with sufficient influence over the several Departments; State agencies; Training and Human Resources Development institutions engaged in manpower preparation. Of the several Ministries established in Sri Lanka recently, nearly one half of them are engaged in some program of in-house training and at least 6 key ministries had HRD and Training responsibilities to prepare manpower.

Coordination and efficient networking will enable such Authority to pursue an organized delivery system that will supply overseas demand yet not result in manpower shortages in the domestic economy. With the full backing of Sri Lanka’s Diplomatic Service it will be possible to clear likely bottlenecks and obtain guarantees from labour receiving countries on the quality and quantity of jobs they offer, minimize abuse, exploitation and premature termination of contracts.

The Bureau of Foreign Employment its structure, powers and nature of operations when examined closely against the demands for overseas labour in the Gulf and emerging new destinations in Europe and East Asia compels us to note the relevance of a strong agency equipped to under take a comprehensive overseas employment promotion strategy as well as combine it with adequate training and manpower preparation to meet targeted destinations. It should enable the conclusion of high powered Bilateral Agreements with labour receivers and ensure the decline of trafficking, illegal recruitment, and clandestine movement of people and other pitfalls of overseas migration we are accustomed to and more importantly provide the average Sri Lankan job seeker an avenue for Safe Migration.

The Sri Lanka Bureau of Foreign Employment was established by Act no. 21 of 1985 and commenced operations in August of that year. It replaced the operations of the Foreign Employment Division of the Department of Labour and opened the doors to private sector participation in the business of foreign employment. It had the purpose of providing overseas employment to a large body of unskilled workers and the earnings of foreign remittances to the country. It sought to invite the private sector to be active partners in the operations of its activities and unfortunately at the same time seek to regulate business of the private sector. Though Sri Lanka has not ratified ILO Convention 97 on migration nor used the measures out lined in ILO recommendation 86 on reaching accords and Bilateral Agreements with labour receiving countries much of the legal provisions made in 1985 were modelled after ILO Convention 97. Two other ILO Conventions of relevance to migration ILO 143 which restricts recruitment in abusive conditions and curtail Trafficking and a more recent Convention ILO 181 on Private Recruitment Agencies which provide for association of Social Partners in migration policy particularly in regard to levy of recruitment fees remains to be embedded In the law.

The only international instrument on migration which has been signed and ratified by Sri Lanka is the United Nations Convention 1990 granting rights to migrant workers and members of their families. Sri Lanka is the only country in South Asia to take this bold step. However here again the law and regulations in Sri Lanka remain to be adequately modified to incorporate these provisions. In the meantime labour market changes of great significance have opened job opportunities for any Sri Lankan with the capacity to take his dip into the pool of jobs available outside the country if he can be assisted to avoid the pitfalls and dangers that may be in his way.

The following proposals of the Migrant Services Centre are submitted against this back ground. Views of most stakeholders have been gained and several consultations have enabled us to propose a change in structure, delivery, citizen participation in a process of Safe Migration that will be beneficial to the migrants and the community.

It is desired to replace the “Bureau” (SLBFE) with an “Authority” with wider representation of interests, extensive powers and wide range of responsibilities. Proposed changes contemplate a policy that meets development needs of Sri Lanka; offer wider Social Protection and Welfare to migrant workers; up hold their Rights.

It is desired to provide for gender mainstreaming; wide Civil Society participation and pro-active regulation of the several aspects of overseas recruitment as well as operations of private sector. Including recognition of services of job agents who may be invited to assist licensed employment recruiters.

We seek to provide for gender equity, empowerment, of migrant workers, particularly female migrant workers, who still form the majority of Sri Lankans leaving the country for employment.

We call for the provisions of promotion of employment and setting up of a Foreign Employment Promotion Fund; better delivery of services to migrant workers at pre-departure and while in the overseas and the Training of Staff of Authority at all levels including staff serving in Sri Lankan missions abroad. We call for a clear grievance procedure and specified Rights of Migrants workers and their responsibilities.

We call for the setting up of a Centre for Migrant Workers Data and Research and creation of a Foundation for Migrant Worker Welfare. The setting up of Day Care Centres, Medical Centers, Vocational and Skill Training Centres and a Pension Scheme for ex migrants are provided.

We call for the provision of repatriation of Sri Lankans in war situations, reintegration and resettlement and relief to victims of abuse, suffered during the process of migration.

We seek provision of deterrent punishments for illegal recruitment and other offences including punishment for trafficking of women and children with mandatory jail sentences

Sgd. G.D.G.P. Soysa.