The Democratic Socialist Republic of Sri Lanka, formerly known as Ceylon, has a total land area of 64,740 sq. km. This small island has an approximate population of 18,553,074 (1996 July estimate), comprised of several different ethnic groups, the majority of whom are Sinhalese, Tamils, Moors, Burghers, Malays and Vedas make up the rest of the population. Majority (69%) of the population are Buddhists; Hindus comprise 15%, and Christians and Muslims make up the remaining 14%.
Since the outbreak of armed conflict between the government and Tamil separatists in the mid-1980s, several hundred thousand Tamil civilians have fled the island. As of late 1992, nearly 115,000 Tamils were housed in refugee camps in south India, and another 95,000 lived outside the Indian camps. More than 200,000 Tamils have sought political asylum in the West.
Dominated by the fast-growing garment industry, agriculture - once the main source of export income - has lagged behind in the 1990s. In the 1970s, the economy was characterized by high rates of unemployment and slow economic growth, although this has improved substantially in recent years. The unemployment rate was estimated at 13% in 1994. Economic growth accelerated from 1991 to 1994, reaching an estimated 5% in 1995 as domestic conditions began to improve and foreign investments increased. In 1995, however, the government's emphasis on populist measures and its preoccupation with the Tamil insurgency have clouded Sri Lanka's economic prospects and discouraged foreign investors. Government overspending in 1996, particularly on defense, exacerbated the situation.
Given the present condition of the Sri Lankan economy, the export of labor has been intensified as an alternative source of foreign exchange. In 1995 alone, foreign exchange earned through migrants' remittances amounted to Rs 41 billion, representing 20% of the gross export earnings. The remittances also equaled the country's annual budget for education. Including their families, the estimated 600,000 Sri Lankan migrant workers support at least 2.5 million people.
Starting in the 1960s, labor migration from Sri Lanka can be classified in two phases. The first phase, from 1960 to the mid-1970s, involved professionals and technical persons who sought employment in developed countries. This outflow essentially comprised of an elite group of educated people, such as doctors, engineers, accountants, scientists, administrators and academics, and thus, was known as the "brain drain." This type of migration involved long-term or permanent residency in receiving countries. The second phase of labor migration is associated with the massive development work undertaken in petroleum-producing countries of the Middle East and some African countries. The entry of Sri Lanka into the labor force in the Middle East and Africa can be considered a landmark in the history of Sri Lankan migration.
Up to 1980, the majority of Sri Lankan migrants were males. Since then, women have dominated the migrant labor force. According to government statistics, 79% of the migrant workforce in 1994 were women. This, however, declined to 73% in 1995 and 1996. The rise in female migrants is influenced by various factors, including the high demand for domestic helpers among developing countries. In addition, Sri Lanka is the only country in SAARC (South Asian Association for Regional Cooperation) region that deploys female domestic workers in foreign countries without any social inhibitions. The comparatively high unemployment rate among women is also a driving factor. Moreover, some women consider foreign employment as a convenient way to escape from domestic problems, e.g. alcoholic or abusive husbands.
A 1993-94 survey conducted by a migrant support group in Sri Lanka showed that the average age of male migrants was 25-29. Women, on the other hand, are between 30-34. Another survey revealed that majority of the migrant workers are married, and the trend is increasing.
Annual outflow of migrants was recorded at 172,467 in 1995 and 162,572 in 1996. Although labor markets in Asia have rapidly expanded in the early 1990s, the Middle East is still the major destination for Sri Lankan migrants. Singapore is the major destination in East Asia, followed by Hong Kong and South Korea.
According to Assistant Commissioner of Labor of Sri Lanka, Mr. P. Navaratne, the most common problems and labor rights violations experienced by the migrant workers are as follows:
1. Wages: unauthorized deductions, delayed payment, underpayment, withholding of wages, and non-recovery of airfare;
2. Working conditions: unhealthy living quarters; improper diet; lack of water for bathing/toilets; inadequate air conditioning or heating; fatigue/overwork; unpaid overtime work; denial of rest periods and/or vacations and unfair work regulations;
3. Visas: arbitrary cancellation of employment visa (with the connivance of local labor officials); arbitrary extension of visas;
4. Medical facilities: nonregistration of employees under state medical schemes; denial of hospital treatment for emergency cases.
1. Wages: delayed payment, irregular payments/nonpayment of wages, underpayment, illegal deductions, charges on damaged properties, withholding of wages for airfare;
2. Hours of work: long hours (around 18 hours/day); no rest or sleep during festive seasons; absence of regulations on working hours; no payment for extended hours of work;
3. Overwork/fatigue: large Arab families (over 15-20 family members) and houses having many rooms, bathrooms and toilets requiring regular cleaning. Sponsors deploying the maid to work in houses of friends, relatives or neighbors; employers complaining about maids resting after a hard day's work; absence of electrical appliances that reduce manual labor;
4. Assaults: children beating or ill-treating the housemaids; employers, their parents, and adult members of the family assaulting the housemaids; men assaulting housemaids when they do not comply with their demands. (When maids escape from employers and seek assistance from foreign agents, they risk being brutally assaulted by the agencies, which accuse maids of refusing to work and causing problems for them.);
5. Health care: inadequate/denial of health coverage; medical bills deducted from salaries; denial of medical treatment; refusal to provide medicine for minor ailments;
6. Sexual harassment/rape: numerous cases of rape have been reported to the police if a national is not involved. In most cases, maids have no way of leaving the house to report to the police in time, as they are kept locked up in the apartments. When a maid informs the wife, the wife usually refuses to believe the maid. Those who seek a court hearing have to languish in jail until the case is over. If a maid fails to prove that she has been raped, she is then charged of making a false complaint, often resulting in a long jail term. Some employers have also reportedly forced maids into performing abnormal sex acts. Moreover, maids who manage to run away from employers often find themselves forced into prostitution. Maids who have been accused of adultery are usually jailed. Runaway housemaids are expected to buy the return ticket and are jailed prior to repatriation until their visas are canceled, unless a passport is readily available. If not, they must stay in jail until the passport is traced or an identity certificate has been issued. If a maid cannot buy her return ticket, she must remain in jail until the ticket is ready, which is usually provided by the embassy or concerned agencies only after an extended period of time;
7. Illegitimate children: illegitimate babies are brought to Sri Lanka by housemaids as a result of their intimate involvement with other nationalities such as Indians, Pakistanis, Bangladeshis or Arabs;
8. Adultery: many runaways are victims of forced sexual relations, and thereafter live miserable lives as they are reluctant to face their families in Sri Lanka. Most women caught in the act of adultery are jailed up to six months;
9. Overstaying: on completion of contract, some maids are not allowed to leave because replacement costs are too expensive. Employers often make them work illegally;
10. Communications: many employers refuse to allow maids to communicate with their families back home, thus inducing feelings of loneliness and frustration. Common tactics include: delaying delivery of letters, refusing to supply stamps or envelopes, destroying of incoming or outgoing letters;
11. Deaths/accidents: in the event of death, the remains can not be brought home, particularly when there is no contract.
In the last two years, the Sri Lankan government has introduced policies aimed at protecting and advancing the rights and welfare of migrant workers. The policy requires all migrating Sri Lankans to register with the Sri Lankan Bureau of Foreign Employment (SLBFE). The aim is to curb illegal recruitment and provide protection mechanism. Registration includes free insurance for the workers, which covers a wide range of benefits, such as health coverage for both the worker and his/her family, repatriation benefits, air tickets and compensation in the event of accidents. The package also includes scholarship grants to deserving family members of the worker. The usefulness of the scheme can be judged from the Rs 58.4 million in compensation provided to 4,500 migrant workers. With the introduction of the registration scheme, the percentage of workers migrating through official channels has increased from 46 - 70%.
Beginning in May 1996, the SLBFE also introduced a training scheme for domestic workers, especially for first-timers. To facilitate this, 15 training centers were established by the SLBFE; 21 others were established in collaboration with employment agents. The training scheme, however, is disputed by some support groups as a formality and ineffective in terms of providing skills and the competitiveness to get higher-paying and better jobs.
As with many provisions of the SLBFE, Act No. 21 of 1985 has been found inadequate to cope with the numerous malpractices against migrant workers. There are ongoing attempts to replace the existing legislation with a completely new act, and transform the SLBFE into an Authority with wide-ranging powers.
A major step taken by the government in protecting its workers abroad is the ratification of the UN Convention on the Protection of Rights of All Migrant Workers and Members of Their Families.
Apart from government initiatives, there are also ongoing activities among Sri Lankan migrants and their support groups. Many support groups in Sri Lanka have been actively involved in lobbying various sectors, such as the government and policy-makers, to adopt and implement laws that safeguard the rights of migrants. There are also efforts to link up with regional support groups for more effective and coordinated efforts in protecting the rights of migrants.
Migrant workers themselves are also very keen on improving their situation, thus they are actively involved in activities to promote their own welfare and to effect change. In Hong Kong, for example, the Association of Sri Lankans, with a strong membership of more than 200, is actively coordinating with support groups.
It is evident that the current labor deployment procedures do not serve the best interest of the employee, the employer and the country. The crux of the problem is over-competition, influenced by small businesses that have flourished and now dominate the labor deployment industry. Since there are no binding legal obligations, liabilities or responsibilities for employers, they are not bound to include protective clauses in the contracts.
In line with other strategic measures, the long-delayed bilateral agreements of both sending and receiving countries should be followed-up aggressively. The establishment of procedures to issue legally binding contracts both in the receiving and sending countries should be further encouraged and monitored. Recruitment agencies should share the responsibility of promoting migrant workers' welfare. Their responsibilities should not end in finding suitable candidates to suitable employers.
This report was compiled from the following sources:
Dissanayake, Lalitha "Issues Related to Migrant Women Workers in Domestic Service Overseas and Possible Strategies for Improvement of Their Status," in Proceedings of the 'Regional Meeting of Officials of Labour Exporting Countries,' March 25-26, 1997.
Navaratne, P. (Asst. Commissioner of Labor, Sri Lanka), "Labour Exploitation and Substandard Working Conditions Due to Labour Supplying Competition and the Ways of Narrowing It, Through Interregional Cooperation of Labour Supplying Countries" in Proceedings of the 'Regional Meeting of Officials of Labour Exporting Countries,' March 25-26, 1997.
Wijaratne, Col. Nissanka N. "Country Report from Sri Lanka" in Proceedings of the 'Regional Meeting of Officials of Labour Exporting Countries,' March 25-26, 1997.