Ensuring the rights of migrant workers

by Viola Perera

December 18 marked the International Day of Migrants.

The contribution made by migrant workers to the world economy has been identified as very significant which also prompted the United Nations to emphasize the fact that rights of migrant workers should be recognized as human rights.

Remittances sent by migrant workers to their own countries provide a strong contribution to the economies of those countries. According to World Bank statistics, the South Asian region earns a massive sum of US$ 111 billion as foreign exchange, purely from migrant workers.

The main source of foreign exchange of Sri Lanka at present is also our migrant labour. It is as huge as US$ 7 billion.

This has prompted the relevant authorities of our country to take note of the need to ensure the rights of these migrant workers and a better future for them, given their significance towards economic wellbeing of the country.

However, the various hardships, problems and harassment migrant workers have to undergo cannot be underestimated. Female migrant workers are in the centre of this contentious issue.

Most of the migrant workers from Sri Lanka are women who have had to take the decision of migrating for employment due to severe economic hardships they are faced with. Sri Lanka has signed the international conventions on the protection of the families of the migrant workers in 1996.

However, of late, we have had to hear of incidents of migrant workers being subjected to grave harassment with some of them having to pay with their lives.

Our migrant workers, who are over one million in number, have not been able to enjoy the rights enshrined in the international conventions. The reason for this tragic reality is that the provisions of these conventions have not found their way into the laws of the labour receiving countries, though such laws and policies have been formulated by us.

Legislation

The government has a responsibility to protect them and their rights, whether or not they have migrated through the proper channel of registration or not. The signing of these international conventions is expected to create the basic foundation of such rights and their protection. But does this happen? Often not. It is sad to note that successive governments have taken sufficient measures to give meaning to these conventions but without a corresponding positive result for the migrant workers.

The government must formulate laws based on sound policies to protect these workers who toil under trying conditions, instead of taking decisions to ban women from migrating as domestic workers. Women migrate owing to severe economic difficulties at home as well as to escape from domestic violence, which is rampant in Sri Lanka. There are also single mothers who migrate as their last option to earn an income.

These women from severely disadvantaged areas with a very low level of education and understanding of the perils of migrant work opt to migrate for employment as they have no means of alternative income within their country.

At present, the government, in collaboration with the international non-governmental organizations is working in this field. Collectively, attempts are being made to draft policies that are necessary to protect the rights of these people. However, it is very sad to note that the laws and policies found in the statute books at present are not even worth the paper they are written on, as far as the protection of the migrant workers are concerned.

Banning women

A Sri Lankan woman who was sentenced to be stoned to death in Saudi Arabia had to deal with that unfortunate situation owing to her lack of knowledge of the law of that country.

We emphasize to the government that prior to the people leaving for overseas for employment they have to be given a thorough training that includes the laws, religious laws and cultures of the respective countries. Another reason is the indifferent approach adopted by our officers in the diplomatic mission overseas in relation to the issues concerning our migrant workers.

We are of the firm conviction that the procedures of the diplomatic missions of countries which send more women abroad for employment should be stricter and migrant- friendly.

We, of the Action Network for Migrant Workers (ACTFORM) urge that legal provisions be adopted to enable these migrant workers to engage in their chosen employment without problems and establish practical and formal mechanisms for the smooth implementation of those laws. Such moves will not only ensure the fundamental rights of the migrant workers but also compel the political authorities to focus on various issues pertaining to migrant workers.

At this time, when new laws and policies are being drafted, we request the public policy formulators to be committed to the protection of the rights of more than one million Sri Lankans who are working in foreign countries in terms of the international conventions to which Sri Lanka is a signatory.

Laws should be formulated in such a manner that these migrant workers will be able to receive the protection of those laws, wherever they work. Rights of the migrant workers should be given pride of place, given their contribution to lining our economy. Sri Lanka runs on their strength.

Viola Perera is the Co-ordinator of the Action Network for Migrant Workers (ACTFORM)