- Addressing issues in labour migration
By Sarah Hannan
The Sri Lanka Bureau of Foreign Employment (SLBFE) stated that the Sri Lankan migrant workforce at present accounts for between 1.5-1.9 million workers, bringing in a remittance of over $ 7 billion to the country. However, they are deprived of their rights and at times face challenges when they are placed in tricky employment situations. Civil society organisations point out that labour migration issues can translate to economic development and social development issues; therefore, protecting and supporting the migrant worker’s welfare, wellbeing, and rights are considered of paramount importance.
Migrant workers specifically returning to Sri Lanka to exercise their voting franchise became a hot topic during the recent presidential election, with only a fraction of the total migrant workforce being able to cast their votes.
Being registered on the voting list should ideally enable a person to come back to Sri Lanka and exercise their right to vote, but as with any employment opportunity, at times, it might be practically impossible for people to take time off and fly to Sri Lanka just to vote.
While Sri Lanka is yet to adapt methods to facilitate the voting rights of migrant workers in their country of employment, civil society and migrant worker trade unions have been lobbying to introduce such a procedure.
During a recent workshop where labour migration issues were discussed, Community Development Services (CDS) Executive Director Andrew Samuel informed that professional bodies such as the People’s Action For Free and Fair Elections (PAFFREL) had done studies on labour migration and voting rights and presented their findings and recommendations to Parliament as well as the Election Commission (EC).
Lobbying for voting rights
“We are lobbying for the rights of migrant workers to exercise their right to vote in the upcoming election. The nearly 1.9 million people who are out there earning billions of dollars in remittance to the country do not have the opportunity to vote while working overseas. During the numerous elections that were held since 1985, many of these migrant workers have not been able to cast their vote. Even during the forthcoming parliamentary elections, they will not be able to vote,” Samuel explained.
While the CDS along with the participation of other civil society organisations had lobbied to gain the rights for migrant workers to vote, they even successfully raised a statement to all presidential candidates. Samuel revealed that some presidential candidates even used parts of the statement in their election manifestos.
“However, they failed to speak about the voting right of migrant workers and what they would do to allow migrant workers to exercise their voting rights. As a result, we witnessed a huge gap in how migrant workers’ voting rights were perceived. Therefore, we are lobbying once again to earn the right for migrant workers to vote.”
Samuel also pointed out that the Chairman of the EC too was an important stakeholder in this venture and that he too had made certain representations to the leading political parties in the country.
Listing out the possible options, Samuel suggested the following:
The first step in seeking foreign employment is to get in touch with a recruitment agency; once people secure their employment and things do not work out, the migrant workers and their families will first blame the recruitment agent. Association of Licensed Foreign Employment Agencies of Sri Lanka (ALFEA) Secretary P.S. Selvaratnam joined in to explain the role ALFEA is required to play in regulating licensed foreign employment agencies to avoid such situations.
“ALFEA is required to make recommendation to the SLBFE with regard to the promotion and regulation of employment outside Sri Lanka. We are to also advise and assist the bureau in identifying and promoting employment opportunities that are available outside Sri Lanka. Furthermore, we are required to make representations to the bureau and to the minister on matters relating to the recruitment of Sri Lankans for employment outside Sri Lanka,” Selvaratnam explained.
Selvaratnam recognises that these are very important aspects in developing the foreign employment agency trade, and said that ALFEA hardly gets an opportunity to share these inputs with SLBFE officials as it is difficult to get an appointment to meet them.
In addition, ALFEA was also tasked to resolve disputes and disagreements between licensees and to formulate a code of good conduct for licensees and ensure its enforcement.
Difficulty in regulating
“Implementing a code of good conduct for recruitment agencies is always highlighted on traditional, digital, and social media channels when they report on how recruitment agencies take money from people and cheat them, how they send people with the wrong information, the recruits not being paid the salary that was promised, when the contract says food is provided but they are not given food, etc.”
Selvaratnam informed that these are unethical business practices and therefore, a code of conduct needed to be formulated and implemented. He also noted that the association should be able to punish the offenders. However, due to the amendment of the SLBFE Act in 2009 under Section 8, a recruitment agencies do not have to necessarily register with ALFEA.
“Prior to 2009, all recruitment agencies were required to register with ALFEA, and without the approval of the association, the licenses of these recruitment agencies were not renewed. But after 2009, the situation changed while ALFEA became a strong association which stood up against corrupt politicians, misconduct of recruitment agencies, and the officers who were trying to rob the SLBFE by abusing their titles to turn profits through new regulations and insurance schemes introduced to migrant workers,” Selvaratnam revealed.
In order to bypass this situation, the SLBFE had brought in an amendment which indicated that a licensee may become a member of the association. Selvaratnam noted that when a recruitment agency is not a member of the association, ALFEA cannot regulate, punish, or pass judgment on them.
“Due to that, it is difficult for us to regulate recruitment agencies that are not registered under our association or force them to follow a code of conduct. Even the code of conduct we have formulated cannot be implemented due to this,” Selvaratnam concluded.
Photos Eshan Dasanayaka
“We are lobbying for the rights of migrant workers to exercise their right to vote in the upcoming election. The nearly 1.9 million people who are out there earning billions of dollars in remittance to the country do not have the opportunity to vote while working overseas. During the numerous elections that were held since 1985, many of these migrant workers have not been able to cast their vote. Even during the forthcoming parliamentary elections, they will not be able to vote,” Samuel explained.
While the CDS along with the participation of other civil society organisations had lobbied to gain the rights for migrant workers to vote, they even successfully raised a statement to all presidential candidates. Samuel revealed that some presidential candidates even used parts of the statement in their election manifestos.
“However, they failed to speak about the voting right of migrant workers and what they would do to allow migrant workers to exercise their voting rights. As a result, we witnessed a huge gap in how migrant workers’ voting rights were perceived. Therefore, we are lobbying once again to earn the right for migrant workers to vote.”
Samuel also pointed out that the Chairman of the EC too was an important stakeholder in this venture and that he too had made certain representations to the leading political parties in the country.
Listing out the possible options, Samuel suggested the following:
- Postal voting system, where the embassy or consulate office becomes the polling booth on that day. The embassy is to send a communication out to the employers saying it is Sri Lanka’s voting day and to allow their Sri Lankan employees to come to the designated polling centre and cast their vote.
- Electronic voting, where an individual could access their vote online. Addressing the doubts on the possibility of voter rigging and manipulation, Samuel insisted that verification methods could be employed to avoid such instances.
- In-person voting, where polling booths could be setup in strategic locations with election monitoring facilities.
- Proxy voting, where the voter could delegate their voting power to another person who will cast their vote on their behalf.
The first step in seeking foreign employment is to get in touch with a recruitment agency; once people secure their employment and things do not work out, the migrant workers and their families will first blame the recruitment agent. Association of Licensed Foreign Employment Agencies of Sri Lanka (ALFEA) Secretary P.S. Selvaratnam joined in to explain the role ALFEA is required to play in regulating licensed foreign employment agencies to avoid such situations.
“ALFEA is required to make recommendation to the SLBFE with regard to the promotion and regulation of employment outside Sri Lanka. We are to also advise and assist the bureau in identifying and promoting employment opportunities that are available outside Sri Lanka. Furthermore, we are required to make representations to the bureau and to the minister on matters relating to the recruitment of Sri Lankans for employment outside Sri Lanka,” Selvaratnam explained.
Selvaratnam recognises that these are very important aspects in developing the foreign employment agency trade, and said that ALFEA hardly gets an opportunity to share these inputs with SLBFE officials as it is difficult to get an appointment to meet them.
In addition, ALFEA was also tasked to resolve disputes and disagreements between licensees and to formulate a code of good conduct for licensees and ensure its enforcement.
Difficulty in regulating
“Implementing a code of good conduct for recruitment agencies is always highlighted on traditional, digital, and social media channels when they report on how recruitment agencies take money from people and cheat them, how they send people with the wrong information, the recruits not being paid the salary that was promised, when the contract says food is provided but they are not given food, etc.”
Selvaratnam informed that these are unethical business practices and therefore, a code of conduct needed to be formulated and implemented. He also noted that the association should be able to punish the offenders. However, due to the amendment of the SLBFE Act in 2009 under Section 8, a recruitment agencies do not have to necessarily register with ALFEA.
“Prior to 2009, all recruitment agencies were required to register with ALFEA, and without the approval of the association, the licenses of these recruitment agencies were not renewed. But after 2009, the situation changed while ALFEA became a strong association which stood up against corrupt politicians, misconduct of recruitment agencies, and the officers who were trying to rob the SLBFE by abusing their titles to turn profits through new regulations and insurance schemes introduced to migrant workers,” Selvaratnam revealed.
In order to bypass this situation, the SLBFE had brought in an amendment which indicated that a licensee may become a member of the association. Selvaratnam noted that when a recruitment agency is not a member of the association, ALFEA cannot regulate, punish, or pass judgment on them.
“Due to that, it is difficult for us to regulate recruitment agencies that are not registered under our association or force them to follow a code of conduct. Even the code of conduct we have formulated cannot be implemented due to this,” Selvaratnam concluded.
Photos Eshan Dasanayaka