Condemned!

Authorities claim there is little that could save the Sri Lankan housemaid, sentenced to death by stoning:

The government has ensured the payment of a minimum monthly wage of US$ 300 to unskilled and semi-skilled migrant workers, through a new budget proposal. But for Sri Lanka with a massive migrant labour force of unskilled women working mostly in the Middle East as domestic workers, there seems to be no light at the end of the tunnel.

A case in point is the Sri Lankan woman to be stoned to death in Saudi Arabia. She has not been identified. Yet, she is spoken of in her island home as a woman who is deemed to be killed, based on her confession of committing adultery.

Inhuman treatment

Highlighting the failure of the Sri Lankan authorities in protecting migrant workers from inhuman and degrading treatment while working in the Middle East, lawyer Lakshan Dias who focuses on labour rights including migrant labour rights, queried as to what measures were taken to defend the condemned woman's rights. "The case started in March this year and the authorities did nothing until the woman pleaded guilty on four counts in a Riyad Court," alleged Dias.

Unless Sri Lanka introduces legal mechanisms to protect migrant workers, their suffering will continue, he said. "Countries like the Philippines and Malaysia have strong laws to protect the rights of their migrant workers. Sri Lanka, despite having a significant migrant labour population, has never made any attempt to formulate legislation in this regard," he charged.

"Even professional migrant workers have no legal protection and are placed in the same vulnerable situation. "We should not go case by case. Considering the complexity of this issue and its pervasive nature, we need to introduce a legal mechanism to protect these people. At present, there is nothing and our bargaining clout is also very poor," he said.

An option is to not send persons to countries where safety issues are observed in the breach. "Countries such as Bangladesh are waiting to fill these vacancies and offer much cheaper labour. We will lose our quota and thousands of people will lose their chance to earn a better living," he said.

Viola Perera is a long-term activist who has promoted the rights and safety of migrant workers, at national and international level. Perera insists that until Sri Lanka continues to play a docile role, injustice of this nature will continue.

"The Government needs to have a stronger voice and lobbying clout. Also, the systems must be carefully designed to prevent corruption, or else, people will migrate through irregular means making themselves more vulnerable in foreign countries," she said.

Perera said that while the Government speaks of foreign remittances, there is hardly any attempt to understand as to why people migrate for work. "The majority of female domestic workers who migrate to the Middle East are from the Kurunegala and Kalutara Districts. There is endless poverty, in these areas" she noted.

Perera said unless Sri Lanka offers employment alternatives in their home towns for these people, they would continue to migrate for work, despite serious challenges and the possibility of harassment.

We are doing our best - Raj Obeysekere, Chairman,Sri Lanka Foreign Employment Bureau

(Photo by Thilak Perera)

Q: The Third Senior Officials' Meeting of the Colombo Process was held in Colombo this November. What was the outcome?

A: The reintegration of the returning workers was one of the main areas of focus. This was shared by all labour- sending countries. A mechanism to support migrant returnees was discussed.

We want to see them reintegrate into society and become comfortable in their original places. We also want to find them economically advanced after their stints abroad.

The decisions taken need to be implemented. The first priority is their safe return. Their health and welfare are extremely important. We are also extremely keen to ensure that they are empowered to use their developed skills in a more productive way and to enable to generate an income.

Q: The majority of migrant workers go to the Middle East and many go as domestic workers. Is there a change in this trend?

A: The number of skilled workers is increasing. It is true that the majority go to the Middle East.

Q: What action have the authorities taken to avert the death of a Sri Lankan domestic worker who is to be stoned to death for committing adultery?

A: We are doing our best. The Ministry has hired lawyers who are working through the Saudi Embassy. The particular woman's legal fees are being paid by us. Negotiations are ongoing.

Q: This is not the only Sri Lankan migrant worker who is condemned to death. There are others in death row and domestic workers are the most vulnerable. What has the SLBFE has done to safe guard them?

A: There is pre-departure training by the SLBFE. We include lectures, documentary films and videos showing the most horrific situations that people can get into while working in the Middle East. We also instruct them about safe migration. This is taught in addition to etiquette, language, cleanliness and handling of equipment. There are sessions on legal frameworks and how to stay safe. We instruct them on how to be careful.

But only about 2% of domestic workers face such problems. Others return home safely and with reasonable savings. Migrant workers should work through the SLBFE for enhanced protection. This institution is there for them. Yet, data shows that nearly 40% of labour migrants go through unauthorised means.

Q: It appears that many women are vulnerable in the Middle East. What specific action has the SLBFE taken to monitor their interest?

A: We give them a clear picture; the reality of working overseas as domestic workers. We prepare them in different ways. They are taught the Sri Lankan and the Sharia Law.

Migrant workers, particularly the women, are aware of the possible consequences of the choice they make.

When specific videos were screened by the SLBFE during training sessions, labour recruitment agencies protested. They said it will discourage women from seeking employment abroad. But we continued to screen these videos because migrant workers must know the ground situation of the country they are heading to for employment. According to statistics untoward situations have been reported by a mere 2 - 3 % of women out of the total who migrate for work to the Middle East.

We have replaced a majority of the labour counsellors attached to Sri Lankan embassies with a large concentration of Sri Lankan migrant workers. We have strongly advised them to remain alert. The numbers are insufficient to handle the large number of migrant workers who face issues.

Q: The conduct of agents and sub agents remain a key issue. What has the SLFBE done to regulate the situation?

A: Even though we re-register these agents annually and monitor them closely, the SLBFE does not have any power to cancel their licences. We can only suspend the license. Due to the various safety concerns of workers, we now have monthly meetings with agents. e strict with sub agents. Though we have limited the number of sub agents to two per agent, there seems to be more. Some critical decisions will have to be taken with regard to them.