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Following is an excerpt from the speech made by Sri Lanka’s Ambassador to the UN in Geneva and Leader of the Sri Lanka Delegation Ravinatha P. Ariyasinha at the Human Rights Council’S 29th Regular Session on Human Rights of Migrants.  He made these observations during an Interactive Dialogue on the opening day (June 15) of the 29th Session of the Human Rights Council in Geneva, following Mr. François Crépeau, the Special Rapporteur on the human rights of migrants presenting his report, pursuant to a visit to Sri Lanka from May 19 - 26, 2014.

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Sri Lanka is predominantly a migrant-sending State. The number of migrants to Sri Lanka is negligible. Nearly 10% of Sri Lanka’s population are overseas as registered migrant workers. In this context, a visit by the Special Rapporteur on Migrants was important to focus greater attention on the human rights of Sri Lankan
migrant workers.

Sri Lanka places migration high in its national development policy. An estimated 1.8 million Sri Lankans reside and/or work abroad. This is equal to 20% of the country’s total economically-active population, and approximately 8.9% of the total population. An estimated 35.5% of the economically-active population of the country are women and 51.6% of the total population are women.
 

"Sri Lanka places migration high in its national development policy. An estimated 1.8 million Sri Lankans reside and/or work abroad. This is equal to 20% of the country’s total economically-active population, and approximately 8.9% of the total population"

As to whether Sri Lankan women migrant workers going for overseas employment is economically or socially beneficial, has been debated extensively in Sri Lanka. Due to the social costs involved, especially to children of these female migrant workers, currently, Sri Lanka experiences an increase in male migrant workers (21.45% in 2013) and a decrease in female migrant workers (by 14.64% in 2013). It has also been found that departure of housemaids (unskilled) has also decreased (by 18.55% in 2013). A majority of migrant workers have departed through licensed migrant agencies (61.6% in 2013) and this practice continues.

Sri Lanka was among the first countries to ratify the “International Convention on the Protection of the Rights of all migrant workers and members of their families”. The ratification of the protocol to prevent, suppress and punish trafficking of persons, especially women and children were completed on May 15, 2015. Sri Lanka signed the International Convention for the Rights of Persons with Disabilities (CRPD) in March 2007. Following the election of the new President Maithripala Sirisena on January 8, 2015, and the formation of the new Government; a consultation process has been initiated to take steps towards early ratification of the Convention.

Since Sri Lanka is also increasingly becoming a labour and migrant receiving country, with a growing number of resident visa holders arriving each year; the Government of Sri Lanka has been working in close partnership with the International Organization for Migration (IOM) to ensure better health and development outcome for all flows of migrant population (inbound, outbound and internal) and the families they leave behind. The ‘Sri Lanka National Migration Health Policy’ launched in 2013, by the Ministry of Health as a multi-stakeholder and evidence-based approach involves 13 key Government ministries and the technical support from IOM.

Further, the Government is mindful of the need to strengthen ‘Document Forgery Alerts’ and improving the capacity of the ‘Integrated Inquiry Management System’ at the Department where other State agencies could receive immediate verifications on travel documents. With the support of the IOM, the matter of how best all agencies that are responsible for issuance of important feeder documents, such as the Department of Registrar of Persons and Divisional Secretariats, could be linked.
 

"It has been recognized that in Sri Lanka, domestic workers choose overseas employment and some even make repeated efforts to realize their long term aims of building a house and to avail of better educational facilities for their children. Repeated employment abroad by a father or mother of a family leads to issues including social issues that are detrimental to the family."

The other most important institutional mechanism to assist migrants at destination countries  is through the labour attaches seconded to Sri Lanka’s Embassies overseas from the Ministry of Labour.  Such offices have been established within seventeen Sri Lankan Missions abroad to facilitate the Sri Lankan migrant workers-receiving countries. We have also focused on improving the services of labour welfare officers and take note of the need to have more female welfare officers to handle gender-related issues. Sri Lanka is in the constant process of upgrading and closing the gaps in its consular services.

The change of Government following the recent Presidential election has ushered in an atmosphere necessary for greater focus on, inter alia, independence of institutions, including the Human Rights Commission. In this regard, the Sri Lanka Parliament adopted the 19th Amendment to the Constitution on April 28, 2015, which will set up an Independent Human Rights Commission among other Independent Commissions.

We note the observations by the Special Rapporteur that there is a large mismatch between the international demand for jobs and the supply capabilities of Sri Lanka, as demand is mainly for skilled labour, while Sri Lankan migration is concentrated on housemaids and low-skilled workers.

In this regard, the authorities in Sri Lanka are giving due consideration and give particular attention -- both locally and regionally -- to increase the migration of skilled workers, including through better vocational training. The SLBFE has introduced a training system for migrant workers: i.e Level 3 qualification of ‘National Vocational Qualification’ (NVQ).

Over 75,000 persons had been trained during 2013; among them, 4101 persons qualified for NVQ Level III Training to become domestic housekeeping assistants. (NVQ III qualification is compulsory for those who go to KSA, Cyprus, Hong Kong & Singapore). Further, 18,054 female domestic workers completed Pre-Departure Training during 2013. While, 3025 re-migrating domestic workers were trained, 45,565 males and females were trained for non-domestic sector jobs. The introduction of this training system has reduced the number of complaints of migrant workers from 52% to 33%. Any migrant worker, who has Level III NVQ, is considered as a “house- keeping assistant”. House-keeping assistants are eligible to claim for better benefits, such as insurance during their employment in the receiving country

As noted by the Special Rapporteur, Sri Lanka practices a ‘rating system’, for licensed recruitment agencies to prevent abuses. We however recognize the challenges in full implementation and monitoring of the rules and regulations stipulated for recruitment agencies, and in particular the issues related to ‘domestic workers’, as their work is not covered by labour laws in many destination countries. Many of the issues/problems that migrant workers face in receiving countries are a result of the actions or inaction of the sponsors or employers and not only as a result of issues in connection with recruitment practices prevailing in the originating country.

The SLBFE has established a special Investigation Division to address the issues of exploitation of migrant workers at the recruitment process. This Division is empowered to take legal action against wrong doers. Annually, SLBFE entertains more than 3000 cases in connection with the exploitation of migrant workers. Cases are generally attended within 1- 2 months. This process was witnessed by the Special Rapporteur during his visit to the Sri Lanka Bureau of Foreign Employment and acknowledged the will of authorities to resolve issues in connection to migrant workers.

It has been recognized that in Sri Lanka, domestic workers choose overseas employment and some even make repeated efforts to realize their long term aims of building a house and to avail of better educational facilities for their children. Repeated employment abroad by a father or mother of a family leads to issues including social issues that are detrimental to the family. Having taken into consideration this phenomenon, the Government offers to help the families of migrant workers build houses, by providing low-interest-rate loans before they leave Sri Lanka for foreign employment. They are encouraged to complete building their houses within the first six months of their work abroad. In addition, the Government provides low interest loans to start self-employment ventures upon their return from abroad. It  helps migrant workers to commence their livelihoods domestically and avoid repeated migration for employment.While the SLFEB has also provided 13 houses free of charge during 2013, for disabled migrant workers, a special housing loan scheme of Rs. 300,000 has been set up for distressed migrant workers. During 2013 and 2014 the SLBFE has helped build houses for 506 and 539 migrant workers under these schemes. The SLBFE is also providing scholarships for the children of migrant workers to facilitate educational needs. During 2013, the Bureau has mobilized 2500 scholarships. This number is expected to be increased up to 3000 by 2015.

Sri Lanka is taking measures to prevent all forms of irregular migration, trafficking in persons and smuggling of human beings. In this context, Sri Lanka notes that irregular migration should be considered an ‘administrative offence’ and not to criminalize the migrants. The Government is taking action against those traffickers under due processes, while treating the migrants as victims of smugglers. We wish to state that detention of irregular migrants is a step taken in accordance with the rules and regulations of the Immigration and Emigration of Sri Lanka. It is not the intention of authorities to detain families and children,  except in certain exceptional circumstances,  where authorities are compelled to keep them in approved places to ensure the security and safety of such foreigners. Sri Lanka is aware of the importance of   looking at the issues related to irregular migrants into Sri Lanka in a nuanced manner and the need to develop a coherent national policy, as well as the additional capacity and resources required as a developing country, to handle matters related to
migrant welfare.