illegal migrants mainly face issues

2017-06-13

The foreign
employment sector is still the largest foreign exchange earner of the country. On
an average, 250,000 persons annually migrate to foreign countries seeking better
employment. Of the total number of Sri Lankans working abroad over 90% are
employed in Middle Eastern countries, according to the Sri Lanka Bureau of
Foreign Employment.

Commenting on the current situation of the foreign employment, Foreign

Employment Ministry Secretary G.S. Withanage says the Government is paying
more attention to promote foreign employment for skilled and professional
categories.

In an interview with the Dailymirror, Mr. Withanage pointed out that only 2-3 %
of the entire labour migration force have faced serious negative issues.
Unfortunately a few negative cases get highlighted in the media ignoring the
97% which are successful, he pointed out.

Commenting on Sri Lankans who return after working abroad for years,
particularly in low skilled jobs, Mr. Withanage said that the Ministry is in the
process of drafting a sub policy in order to support these returnees to reintegrate
into their own communities.

He emphasized that unless the local labour market is ready to provide similar
economic benefits, people would continue to migrate for foreign employment.
He shared the following:

Isolation of Qatar by other Middle Eastern countries has created panic among
Sri Lankans working in Qatar. Foreign Employment Minister Thalatha
Athukorale in her statement said there are nearly 140,000 SL expats. How safe
are our people caught up in the middle of this debacle?
It is a regional issue. Sri Lankans working
in the country are not affected. If any Sri Lankan wishes to return home, they
must inform the SL Embassy and can make necessary arrangements. Otherwise,
Qatar, as a country, has taken up all measures to face any food shortages or
essential supplies. We are constantly watching the progress. If a need arises to
move Sri Lankans out of Qatar, we can arrange that quickly. Air travel is as usual
to and from Qatar. So we do not see any threats to the Sri Lankan expats.

There are several stories we hear from time to time about men and women go
missing after reaching Middle East seeking semi- skilled or unskilled jobs. What
is exactly happening to these people?
This is actually a small percentage of the total number of people who migrate
seeking foreign employment. It can be estimated around 2-3 % of the total.
Unfortunately a few negative cases get highlighted in the media ignoring 97%
which are successful. If you have a holistic view on the entire scenario of the Sri
Lankan labour migration, majority of the people have enhanced their lives,
elevated the living standards of their families, built houses, educated their
children and so many successful stories behind them.

And, majority of those who encounter trouble in the foreign land, are people who
have migrated without registering with the Sri Lanka Bureau of Foreign
Employment (SLBFE). They did not choose the proper path to migrate. We request
the public that if they wish to migrate for foreign employment, they must first
register themselves locally with the SLBFE.

Major legal barriers in obtaining exit visa

There were reports of hundreds of Sri Lankans returning home from Kuwait
after being held up in safe houses sponsored by the Government. What are the
steps taken by the Government to assist all the migrant workers living in the so-
called safe houses to return home?
It is not only from Kuwait. We are making all possible efforts to bring Sri Lankans
who are now living in safe houses in the ME countries. They were taken into the
safe houses for various reasons, such as issues with their employers and breach of
contract and some due to over staying their visa. To bring them back to Sri Lanka,
there are legal barriers. For this we need to get the exit visa, and for that, we
need clearance from the respective employers. We must have a proper dialogue,
consultation with the employers in this matter. The employers must give his/her
consent to return the employees home. These negotiations are done through our
diplomatic missions and the labour counsellor attached to the mission in the
respective countries. In most of these cases, employers do not allow the
employees to return based on various reasons. Then we need to look for
alternative methods. According to our diplomatic missions, if the employer does
not give any valid reason, the option is to negotiate with the Ministry of Labour,
the Department of Labour or any other Government authority responsible for
labour issues in that country or its Police Department. With the clearance from
the Department of Labour or the Police, we do have the possibility to proceed for
the exit visa. This is a time consuming effort.

There is an allegation against the Government for not deploying adequate

number of officials at our diplomatic missions to serve the large number of SL
expats. The counsellors and officials appointed through your Ministry and the
SLBFE seems inadequate to cater the SL expats in those countries. What steps
the Ministry has taken to rectify this issue?

We are looking into this issue quite

seriously. We want to increase the cadre. Yet, there are procedures and protocols
to follow as a Government institute. We cannot increase the numbers
independently. We need the approval of the Finance Ministry and the
Management Services Department. We have already informed them in writing,
giving them the reasons behind our request and had discussions with the relevant
officials. The process is underway.We strongly believe there is a distinct possibility
of our request being approved. After that we can start recruiting more suitable
people to these posts. We may not be able to recruit the exact number of officials
whom we need. Because it would incur a big cost.

A new system was proposed by Saudi Arabia at the fourth ministerial

consultancy under the Abu Dhabi Dialogue held in Colombo recently to
introduce a special system that can e-register migrant workers and trace their
whereabouts online. Has it been implemented or what is the current situation?
This is the MUSANED system. It registers all details of the worker migrating to
Saudi Arabia including details such as recruitment agency, employers name and
address, workers details etc. A pilot project was conducted and found to be
successful. The SL Govt was keen to get actively involved as it serves a safety net
for the Sri Lankans. The results and observations of the pilot project were
presented at the senior officials meetings and the Fourth Ministerial Consultation
held under the Abu Dhabi Dialogue. (The international event was held in January,
2017 in Colombo) Representatives of Saudi Arabian delegation conducted an
awareness programme to the Sri Lankan stakeholders including recruitment
agencies. These data need to be filled online and a part of this responsibility is
with the recruitment agencies. It is of utmost importance that correct data should
be given.

Sri Lankan Government has given the consent for the system and we are waiting
for Saudi Arabia to fully implement it. If this gets implemented soon, it will be for
the benefit of both the countries.
Migrating men are requested a confirmation statement on family welfare

The Government implemented stringent regulations to the family background

report which has an effect on women migrating as domestic aides and care
givers. Is this now implemented?
Yes, it is. The Cabinet of Ministers took a decision to appoint a committee at the
ground level headed by the Divisional Secretary and several other officials. The
development officer of that particular division will analyse the forms filled by
women who wish to migrate and forward a report to the Divisional Secretary. The
committee headed by the Divisional Secretary will evaluate these reports and
issue recommendations. Since it is a Cabinet decision, it is a directive by the Govt.
We, as a ministry, are obliged to adhere to Govt decisions.

Majority of the women migrating for jobs are battered by poverty. This may be
their best solution to stabilize the family economy. Currently there arent any
successful programmes that provide employment for them. Doesnt the family
background report restrict a womans right to choose her employment and her
right to economic empowerment?
We cannot restrict any persons right of choice and the right to mobility. But the
Govt took a decision based on certain social implications, particularly considering
mothers having children younger than

five years of age. The sole aim is to protect the children and safeguard the family
unit. If it fails, the entire social structure fails. Yet, the Govt has given a directive
to monitor this process for six months and then evaluate and analyse pros and
cons. It will happen through the SLBFE in a few months. It will include the effect
on people and on the officials concerned as well. We will have to wait and see the
review report and then decide. I have already instructed the SLBFE to study the
process and conduct a proper research. Solid research based data will lead to a
more accurate decision.

And the other factor is that we have taken a decision to request from fathers
having children younger than five years of age and planning to migrate for work, a
statement ascertaining the safety and the welfare of his children. He should
indicate in writing about who will take care of the children, how will their welfare
measures get fulfilled etc. Though this will not be as strict as the family
background report, we plan to implement it in the near future.

Lost a few job markets but new venues to open up

In the recent budgets 2016 and 2017, gave decisions to standardize the wages
for expats. Accordingly, it stipulated a minimum salary in foreign employment.
Has this been implemented? And if so, how will it be implemented?
In 2016, the Govt took a decision to make the minimum wage limit for the
migrant workers to be 300 US dollars. That we implemented. In the 2017 budget,
the Govt had decided to increase it to 350 USD. With this increase, Sri Lanka faced
several consequences. We lost a few markets. The decrease is not only in the ME
countries, but in other labour receiving countries like Malaysia where there was a
demand for skilled workers. In countries like Malaysia, even their own citizens
earn on an average which is less than 350 USD. Mega scale companies of those
countries which are directly dealing with the SL authorities in recruiting Sri
Lankans have informed us about their concern and that they will lower the
number of recruitments. Labour migration is very competitive and there are
several other labour demand countries that are willing to send their citizens as
workers to a much lesser salary. Yet, we as a country, also need to be concerned
about the standards on which we send our citizens as migrant workers.
Skilled professionals had been migrating for better employment over the past.
But since recent times, the Govt, through the SLBFE, started to promote foreign
employment for certain professions such as nursing. What is the plan?

Professionals will gain better job

opportunities in a more regularized manner. This is not only nursing. There are
demands for trained professionals in many fields. Overall we are giving a lot of
effort to promote the skilled category. The conditions are more favourable for Sri
Lankans who wish to migrate for employment. Through better trainings we are
also trying to elevate the professional levels of those who migrate for lower
skilled categories.
We need to diversify the job markets rather than concentrating on the Middle
East. We have already received positive responses from countries like Germany
and Japan. There is a huge demand for caregivers. German companies providing
caregiver services have extended their willingness to sign agreements with the
SLBFE to recruit suitable people as caregivers. We are in discussion with several
such companies in Japan as well. These countries are ready to provide training as
well for suitable candidates. If these plans turn positive, we do not have to
depend on the ME job market.

In addition, an Australian private institute signed a Memorandum of

Understanding with the SLBFE to train Sri Lankans in nursing and caregiver
professions. The agency has a much wider network attached to job markets. Their
focus is not only in Australia but the network is linked to countries like South
Africa and several ME countries. The negotiations with the private companies
were conducted through the SLBFE and the Australian High Commission in
Colombo. This institute is already established in India and looking to expand the
service to Sri Lanka. These positive responses have been very supportive in our
efforts to promote jobs in the skilled category.

Factories in foreign countries, particularly in the garment sector are recruiting

Sri Lankan workers directly. There is a significant demand as SL has experienced
skilled labour in the apparel sector. Does the Govt have a special authority or a
system to oversee this new booming labour migration trend?
There is no specific authority. Yet whoever migrates to any foreign country for
employment, and whatever the sector is, must register with the SLBFE. Even the
agencies related to this recruitment must be registered with the authority just like
any other recruitment agency does. They cannot work independently. They must
follow the established rules and regulations.
There were reports that stated job opportunities for Sri Lankans in Israel had
been affected due to illegal overstay. What is the situation now?
The problem still exists. Sri Lankans who migrate for agriculture seasons in Israel
have not adhered to agreements. Normally when the employer wants the same
employee for work again, he/she should request for them. So there is always a
chance for efficient workers to continually get the job opportunity. But due to
what many Sri Lankans have done they have created a lot of problems and this
would cut down the job opportunities. If this condition continues, we will lose this
job market. Therefore we will take stern action against this visa overstay.

Professionals with experience migrate for better job opportunities and they
claim that they do not get registered with the SLBFE. Almost all are recruited by
the employer directly. How is this situation covered by the ministry and the
SLBFE?
Most of persons in this category are now registering with the SLBFE. A few years
ago the numbers were very low. But we see that more skilled professionals do
register with the authorities.

The common norm among people who migrate to work, irrelevant of their work
category, state that they find no importance in registering with the SLBFE or
getting the medical insurance, as they do not feel that this system properly
protects them during their tenure. What are your comments on this?
It is not a correct decision. If they migrate with proper registration, we know
where they are. If there is any trouble we can contact them easily. When a
problem occurs they need the Government protection. I did come across certain
cases where professionals had issues with their employer and they had no
registration back in Sri Lanka. When problems arise the Sri Lankan diplomatic
mission in that country is informed. Whether these Sri Lankans are registered or
not, our embassies have the capacity to protect them being citizens of this
country. The diplomatic missions will do that since it is their obligation and
responsibility. These professionals, had they been registered with the SLBFE, we
are also in a strong position to support them at difficult times, be they financial or
legal. The Sri Lankan Government can intervene without any obstacle.
When a person registers before migrating, every document related will be
registered with the SLBFE, even the employment contract is registered. Therefore
if there are any violations with conditions stipulated in the contract or any other
issue negatively affecting the worker, the Sri Lankan authorities are at a stronger
position to defend the worker. As long as the working conditions are positive the
employee will not feel the importance of this. But when trouble arrives it does
help to protect their rights.

Drafting a sub policy on reintegration of the returnees

What is the progress in the reintegration programme for those who return from
foreign jobs, especially from unskilled and semi-skilled categories?
We are in the process of drafting a sub policy on reintegration of the returnees
back in to their communities. We have a policy on labour migration but as the
number of people returning from

foreign employment is increasing, there should be a Govt policy to address their

issues as well. If we manage to finalize it soon, Sri Lanka will be the first country in
South Asia to have a Sub Policy on Reintegration of Returnees. That policy will
include all segments considering financial advice, healthcare and welfare of the
families of these returnees. To those who wish to migrate again for foreign
employment, there will be skill upgrading programmes empowering them to go
for a better choice of work.

The Sri Lankan labour market does not provide enough manpower to ongoing
development work. There is a dearth in the Sri Lankan labour market. And the
number of people migrating as semi-skilled and unskilled is on the rise. How can
this be addressed?
This depends on the demand and the supply. If the industries who are in need of
labour are able to pay the workers a salary similar or at least close to what they
are capable of earning through foreign employment, then people will get
attracted to local job opportunities. It will be more beneficial for them to work
within the country rather going abroad leaving behind their families. Until this
demand is met, it is difficult to stop people migrating for foreign employment.

And in particular, people migrating for jobs in the skilled category earn a very high
salary compared to what is offered back home. Even in the new venues that are
opened for Sri Lankans in countries like Israel, the jobs in the agriculture sector,
offer a very high salary. Sri Lankans who are skilled in agricultural work, can earn a
decent amount within a season which is usually for 6 - 7 months. They can earn a
salary more than an executive officer in the public sector. This is a major
economic benefit to those people and their families.

Political authorities also question us asking what could be done. Nothing else
could be done but to match this demand. We cannot stop peoples movement
seeking better economic prosperity.
Posted by Thavam