• Migrant rights worker group calls for clarity on processes

While a new regulation for self-directed migrant workers could curb human trafficking, a need exists to make processes clearer, industry stakeholders observe. 

From Tuesday (1 July), all those who are seeking self-directed employment in 13 countries are required to obtain certification for their service agreement from the Sri Lankan embassies or envoys in those countries prior to registering with the Sri Lanka Bureau of Foreign Employment (SLBFE). 

SLBFE Chairman Kosala Wickramasinghe said in a statement that this mandatory requirement only applied to migrants seeking employment outside of the ‘professional’ list of job categories listed on the SLBFE website. 

As such, potential employers are required to submit their service agreement with the employees to the respective Sri Lankan embassies for certification, for which a fee of $ 60 will be charged. 

Wickramasinghe added that, in the first phase, this law would be implemented only for 15 diplomatic service sectors in 13 countries where the SLBFE operates its own Labour Missions. 

Wickramasinghe further said that this mandatory requirement had been brought in as a response to reports of Sri Lankans falling victim to fraud and exploitation by intermediaries while going abroad through self-directed employment. 

According to the bureau, this step will ensure job security, provide the necessary means for migrant workers to return to Sri Lanka with a valid employment contract after the employment concludes, and a proper salary.

‘Largely positive’

Centre for Working Women (CWW) President Amali Kalupahana told The Sunday Morning that they viewed the move as a largely “positive” one as they had been observing a number of violations for a long time. 

“If we are promoting safe migration, then we can’t say that there is a problem in registering legally. Trafficking especially can be prevented through such a mandatory requirement,” said Kalupahana. 

However, the CWW is concerned about the process afterwards and whether the bureau will provide the necessary insurance for migrant workers if they face any trouble. 

“It is not clear about the kind of insurance being provided to migrant workers by the bureau, if they were to provide these documents. There are benefits of registration like checking your job security and avoiding fake recruitments, but beyond that, is there insurance being given to migrant workers? 

“There have been incidents in the past when the bureau hasn’t been very helpful towards workers, so while this move is good, it must also make clear about the processes afterwards for workers,” said Kalupahana.  

She added that they planned to start a separate discussion with the bureau on why they were proposing different roles to white collar and blue collar workers as well. 

The latest mandatory requirement only applies to jobs that are not in the professional category. Job categories that fall under professional jobs are listed on the website of the SLBFE. 

However, to be exempt from the requirement of having the service agreement certified by the embassy of the relevant country, it is essential to submit the necessary documents proving one’s profession when obtaining bureau registration or to have the profession mentioned in the individual’s passport.

‘A fair move’

Association of Licensed Foreign Employment Agencies President Nihal Wijewardana also welcomed the move, noting that many who found employment abroad through personal connections could face harm once going abroad. 

This process, with the step of handing over employment documents to the embassy, will ensure that the embassy has records of their whereabouts when abroad, thus being able to better help them when there is trouble. 

“It is a fair move. A genuine employer wouldn’t have an issue with giving documents. We saw during Covid-19 how many who had gone abroad for self-directed employment were abandoned. Such a process gives a layer of protection to such workers,” said Wijewardana. 

Increase in trafficking

The 2024 Trafficking in Persons (TIP) Report conducted by the US Department of State demonstrated a significant increase in trafficking cases in Sri Lanka, rising from 59 cases in 2023 to 95 cases in 2024.

From the reported 95 cases, 78 were survivors of labour trafficking, nine of sex trafficking, and eight of other unspecified forms. 

Furthermore, Sri Lanka remains on Tier 2 of the TIP Report, indicating that while the country is making efforts to combat trafficking, it does not fully meet the minimum standards of the Victims of Trafficking and Violence Protection Act of 2000.

One of the most prolific cases of human trafficking in recent years in Sri Lanka was the one involving cyber camps in Myanmar where IT professionals from Sri Lanka were trafficked for forced criminal activities in cyber scamming compounds in Myanmar.

The Sri Lankan migrants were coerced into various cyber scamming activities under the pretext of legitimate job offers in the IT sector and other customer service roles. The International Organisation for Migration (IOM) intervened to facilitate the repatriation of 55 individuals in 2024 alone who were trapped in the camps. 

Additionally, the last two years saw reports of many Sri Lankans falling victim to employment scams in Russia and Ukraine, which ultimately ended up with them on the frontlines of the Russia-Ukraine war. With the economic crisis in 2022, Sri Lankans have been flying abroad in high numbers, seeking greener pastures. 

The Central Bank of Sri Lanka (CBSL) notes that approximately 313,000 Sri Lankans migrated for employment in 2024. Wijewardana noted that more men were migrating for employment than women this year compared to the past, but that migration had reduced by about 20% this year as opposed to the last.