Long dark days ahead in a Riyadh prison

For the Sri Lankan domestic worker convicted of adultery in March, the reversal of her verdict now means lifetime imprisonment in a Riyadh prison:

by Dhaneshi Yatawara

To the Sri Lankan house maid locked up in a Riyadh prison, one nightmare seems to be over. However, how many more long dark days are to be spent in the prison is still unknown.

According to Acting Foreign Affairs Minister Harsha de Silva, the final decision of the jail term will be notified by this week.

"Our main task was to overturn the initial judgment and save her life. The matter has to be readdressed by the courts and decided thereafter, the period of imprisonment," de Silva explained at a joint media briefing in Colombo.

Minister of Foreign Employment, Thalatha Athukorale said the Sri Lankan Government greatly appreciated and welcomed the Saudi Arabian Government's decision. "It is very rare that the Saudi courts reverse a verdict. The Sri Lankan Government is happy that the government's appeal to the Riyadh Court of Appeal was considered, helping us to save the life of a Sri Lankan migrant worker from death," de Silva said.

Explaining the current status, Minister Athukorale said, the Sri Lankan domestic worker has already spent close to one and a half years in a Riyadh prison. "The term she has already spent in jail will be taken into consideration when determining her jail term under the reversed order," she said.

The domestic worker in question, a 45-year-old mother of two from Maradana was arrested on charges of adultery (punishable by death in Saudi Arabia) in April 2014 and had been in jail since then. She was convicted in March 2015 and sentenced by a Riyadh Court to be stoned to death. Her partner, an unmarried Sri Lankan man, was sentenced to receive 100 lashes.

Interestingly, the Sri Lankan Government has not submitted an appeal against the man. The identity of the woman is kept secret at her request to protect her two children's reputation.

Legal systems

However, Minister Athukorale said, women migrant workers to the Middle East of both skilled and unskilled categories, are provided with sufficient knowledge about the legal systems in the destination countries. "Their pre-departure training is not only about using electronic appliances. We educate them on the legal practices as well as customs. Photographs are shown and punishments for various offences also discussed," she said, a clear reference to behaviour that may result in serious legal consequences in the Middle East.

Athukorale estimated the Sri Lankan migrant worker population in Saudi Arabia to be over 400,000 Sri Lankans, holding jobs mostly in the low skilled category.

"Any migrant worker faced with a difficult situation must contact the Sri Lankan Mission in the host country through the Labour Counsellor. The Mission cannot provide legal support. But if the migrants keep the government informed through these channels, the government can take prompt action to address the situation," she explained.

When asked about the possibility of making available legal counselors, at least in countries where punishments are extremely severe, Minister Athukorale said the Ministry has considered it but had to abandon it. "Sri Lankan lawyers cannot appear in Saudi courts, for example because the legal system is founded on the Sharia law. Also, lawyers demand huge remuneration packages which are not possible according to our rules and regulations. Also, Sri Lanka woefully lacked experts in Sharia Law.

According to Chairman, Sri Lanka Foreign Employment Bureau, Raj Obeysekere, the government intends strengthening the Labour Counsel cadre. "We don't have enough personnel to cater to the requirements of the Sri Lankan migrant labour population. We are now looking for the right people," he said.

The biggest issue faced by the Sri Lanka Foreign Employment Bureau (SLBFE) is the increasing numbers of undocumented migrant workers. "It is difficult to keep track as they are not registered with the SLBFE," Obeysekere added.

The delicate balance of providing foreign employment, especially in the unskilled and semi-skilled jobs, and the protection of Sri Lankan migrant workers has always posed a huge challenge.

Lawyer Lakshan Dias, a right activist who focuses on labour concerns, welcoming the successful appeal that saved the Sri Lankan migrant woman's life said, the issue had been mishandled since April 2014. "It's been irresponsible and the State is guilty of negligence of duty," he said.

In a recently filed public interest petition, Dias highlighted the lack of State focus on the rights of migrant workers.