2018 May Day message - Migrants Human Rights - safe, orderly and regular migration State and Civil Society
Lakshan Dias
Migrant Workers according to my knowledge goes back to few millenniums back , my first information comes from the Bible the father of two nations Jews and Muslims , a Nomad by occupation build his sustainable shepherd kingdom but in two generation later his grandson become a victim of forced migration and migrant workers in a foreign land, his grate grandchildren went to Egypt and become migrant workers for some time and then immigrants cum slaves.
Story of Joseph describe the plight of Immigrants who came as Migrant workers or in other words migrant workers later become immigrants, intolerance to the immigrants and all 3D work that they were ordered to do and their exodus form slavery. Migrants were welcome in a right royal style and become an eye sore for the natives and then they were offered dirty, difficult, (relatively) dangerous (3D)and dull (4D) work by the natives and the state ( king ). The state system, style and attitudes continue till today. Therefore I propose that migrant is not a planned process but outcome of conflicts, poverty and state economy and its inevitable to face hardships, xenophobia, harassments, discrimination, torture and or death by migrant workers .
Most of the countries of the world look migrant workers as menace, opportunity grabbers or group of unworthy irrespective of their background of skilled workers or not. The most uneasy thing for them is that these migrant workers demand for citizenship. As an example Sri Lanka hired Indian migrant workers 150 years ago to work in Sri Lankan tea and coffee plantations as there were huge demand and strong refuse by the natives to do the 3D jobs that available in the plantations. At that time and even up to today they don’t experience safe, orderly and regular migration. After 150 years when these migrant workers demand for citizenship rights was look downed by the majority, their Voting Rights were axed and they were thrown in to an unknown land not like the Israel tribes gone back to the land of milk and honey but trainloads, shiploads of them were separated from their families and sent back to India by Sirima Shasthri accord.
When the Sri Lankan workers messiah S. Thondaman fought for citizenship rights for his people he was labeled as a traitor, conspirator and ethnic encroacher. Today hundreds of thousands of Sri Lankan natives struggling in many parts of the world with similar discrimination and only differences in many places they don’t ask citizenship. Therefore we don’t need to go far to understand the attitude towards migrant workers irrespective of our migrant workers or migrant workers of other countries.
World is in an order where they don’t accept rights to Migrant workers but willing to regularize migration or regularize the inflow of migrant works. There are many foreign funded NGOs and civil society organizations and state believes that Migrant workers can be regularized. It may be true but whose benefit? and whose interest it is? Syria is the best example for the forced migration in present day world, can anybody regularize it ? who initiated Syrian war and Syrian war is for whose benefit? Millions of Syrians are moving towards west and it’s obvious that Wets needs to regularize it. The west wants to regularize it for two reasons first they don’t wants to Syrians to be a menace or eye sore for the Western societies that is orderly , archived economy and protected economy. Secondly west is upset about their own people agitate against refugees and immigrants violating human Rights which they are proud about.
Therefore its clear why west and develop world including the develop north American and Asians states need orderly migration, they do not welcome any Libyans coming to wets through boats , they don’t like anybody come to their own countries and exploit their achieved economy including Australians who don’t like boats coming from sri lanka or Afghanistan . It’s obvious that nobody like not even Bangladesh people, where Rohyngyas are lookdown them as thieves and a social issue. Many of my friends or known people from Chittagong when ever ask was very negative on Rohyngyas Chittagong people felt only one thing that’s Rohyngyas must go back they were not Bangladeshis. So irrespective of which continent you live you look at Migrant workers or immigrants or refugees as enemy or someone who you can look down, use and abuse and finally some one to chase away.
Personally I have spoken with thousands of Sri Lankan migrant workers who work in Gulf and middle east they simply look down Nepalese and Bangladeshis whom they shared lives and fellow co-workers . When I started working with Migrant workers in Hong Kong my first request to them was to extended our support for those sri Lankan`s in Hong Kong without visa and in prisons due to immigration related offences and their prompt response was that “ we are with visa and they are not” . It’s common in all parts of the world among Migrant Workers, Refugees and Immigrants look down by their own peers with similar plight. This is a robust condition for the government institutions maintain their lethargy over their need beneficiaries. State institutions look at migrant workers as beneficiaries and legally also they are beneficiaries as in Sri Lanka there are no laws to safe guard the rights of the Migrant Workers.
A state institution for migrant workers without Migrant Rights is a political mockery where state knows that these migrant workers are without any rights including universal franchise. A country like Philippines no different to Sri Lanka by economy maintain their election mechanism inclusively for migrant workers means all migrant workers of Philippines can vote . If Sri Lanka allows our Migrant workers to vote then the voter bank will be 2 million with families it will be nearly 4 million. This is a force and as per today neglected and discriminated force. This discriminated force have no say as they don’t have any rights guaranteed by law since 1985 where the first law for migrant workers was enacted as Sri Lanka Bureau for Foreign Employment act no 21 of 1985. The above laws are not laws for migrants Rights but regulate the recruiting agencies and welfare for the migrant workers. Therefore the main state body the Bureau for Foreign Employment treats migrant workers as beneficiaries not as Citizens.
Since Sri Lankan migrant workers are not entitle to any rights as migrants under any law the state institutions exploit them and continue to underestimate this golden goose of the country. Generally there are 150 or more people send back to Sri Lanka as dead bodies and many others comes as torture victims , instead of looking in to those victimizations sri Lankan authorities satisfied with their compensation schemes through bulk insurance. It’s hardly we hear that Sri Lankan embassies fought any battles in Middle Eastern countries and gulf countries over the torture , deaths and imprisonments of the Sri Lankans. There are nearly 400,000 migrant workers in Kingdom Saudi Arabia where we have less than 20 Sri Lankan Labour attaché’s working in the Sri Lankan Embassy in KSA. It’s completely out of proportion negligence by state where KSA is such a large country that takes two days to reach one border to the other by land. Sri Lankans are widespread all over the KSA and their issues are immense but the response cannot be that flowery due to the poor presence of Sri Lankan state in KSA.
Recently an ambassador for Sri Lanka claimed that conditions are better in one of the gulf countries as they receive less complains compare to the yester years. Statement can be true in relation to the figures but it needs to be analyses as there cannot be a drastic decline of complains and therefore drastic improvement of Labour conditions where lawlessness is rampant in most of the gulf and middle eastern countries. Presently there are trends where large numbers of migrant workers go to Dubai under visit visa and then they continue as workers without SLBFE permission and they are not government by any contracts and protected by state or recruiting agencies and therefore they are reluctant to complain due to their status and therefore no rights guaranteed by the Sri Lankan state.
There is no end to the plight of migrant workers where they are discriminated by the state as well as the foreign employers , recruiting agent and embassies and Sri Lankan recruiting agencies , family background report FBR is one such hindrances that women migrant workers has to face , where all female migrant workers are facing discrimination by state. All female migrant workers are subject of FBR where all males are free to go abroad even without telling their wives. Further more women from estate sector have to get the permission from their employers in addition to their husbands, where an only slave needs to get permission from their employers. I doubt that the process will discuss anything about migrant workers in Sri lanka from China , and Indian mainly and other countries such as Indonesia , Philippines etc.
While state neglecting and discriminating women and other migrant workers the bureau is under the microscopic surveillance of corruption watch dogs where former minister for foreign employment claims that there were huge corruption under previous regime and section of recruiting agents too claims that even under the present government its continues. Even though there are strict laws for women due to FBR there were reported evidences that nearly 3200 women were given special permission by the officials of the Bureau and justifications for those permission needs to be scrutinize. There can be massive corruption in those special permissions specially a scheme practices by bureau called out bureau.
Sri Lankan migrant workers fall from pan to fire or lawlessness to worst lawlessness when they entered in to gulf or Middle Eastern countries. Those countries law is not the rule. Some of these countries are extreme dictatorial states where democracy I or rule of law hasn’t seen its glimpse for decades. Where they practice patriarchal laws, religious laws, where no guarantee for democratic principles accepted by the world.
Under such conditions knowingly and willingly Sri Lankan state and other sending countries entered in to dialogue call Colombo dialogue. Dialogue with Oman , Kuwait , KSA , Bahrain , Qatar , United Arab Emirates and Malaysia. Out of the these bunch of receiving countries only UAE and Malaysia has some respect to Human Rights and rule of Law but all the other countries are far behind the Human Rights and respect to rights of the people of their countries and other counties. Where Sri Lankan government and other governments are exposing their citizens to these human Rights violators and undemocratic states. Abu Dhabi Dialogue is a process where poor but relatively democratic countries in dialogue with worst countries of Human Rights Records on safety of protection and orderly and regulated migration of their people. The extreme contradiction is where we the sending states seeking the protection of these gulf states such as Bahrain. The request form the nations that in the dialogue is safe migration which is the focus point of the Global Dialogue of Migration that includes refugees ,force migration etc. Trump government has close their doors to immigrants to USA from claiming that those were illegal entrants of their state and similar style attitudes were shown by the Australia claiming that boat people are illegal and both countries are willing to forgo their international legal obligations. International human Rights bodies and un is skeptical of those standards which is unilateral and questionable.
The Abu Dhabi Dialogue therefore influenced by popular international protection frame works while rejection of the powerful states for the same is in the offing. Now poor and relatively democratic and sending countries of Migrant workers intend to reach consensus of the UN frame work on safe, orderly and regularly migration. As I explain about how state discriminate their own people state which is in dire economic demands for foreign currency will be in equal grounds to deal with their counterparts who are rich, in high bargaining position and with full of other options form other countries. Even though each of the sending states is going through similar disadvantages none of them will take common stands in relation to rights of the migrant works as none of those countries will be able to lose their foreign remittance golden goose. Each of the sending states are not in the demanding position other than India, Indonesia Vietnam , Philippines and Thailand whom maintained strong home economies or reputation as strong sending countries. Indonesia and Philippines as market leaders already had shown a strong resistance towards receiving countries like KSA and Kuwait whenever their migrant workers were harassed or discriminated or unlawfully treated. Most recent incident was Philippines impose a permanent ban on sending Migrant workers to Kuwait. Even when Rizana Nafique was beheaded Sri Lanka failed to resist proportionally or properly.
Sri Lanka Bureau for Foreign Employment resist or reluctant to give their information for public on their bilateral Agreements or MOUs with foreign states while those who seek those information finally redress by the RTI commission. The bilateral MOU with KSA gained certain achievements but imposing 25,000 KSA Riyals for those who run away from their employers put them in to a vulnerable position as lawlessness in KSA will not take the side of the migrant workers against the Saudi Employer. 25,000 KSA riyals is equal to Rs.800,000/= where no migrant workers can afford therefore they will compelled to stay in perpetrators house even under sever conditions like rape and sexual harassments. Poor presence of Labour attaches in such a vast countries will not be able to provide proper redress where there were reports that Saudi employers involved in sale of migrant workers for new employers. Each of Saudi employers before they recruit women migrant workers has to pay Rs.700,000/= to Saudi recruiting agency where Rs.300,000/= goes to women Migrant Worker and 400,000/= will share by the Sri Lankan and Saudi recruiting agencies. If the maid runaway under any condition the Saudi employer lose Rs.700,000/= ,especially if maid runaway after few months. Therefore Saudi government keen to impose such penalty but Sri Lankans were unable to safeguard their people’s rights as they cannot demand as equal players in migrant workers business or market.
Finally the agenda of the Abu Dhabi dialogue Colombo meeting scheduled to take place on 9th of May 2018 will not be a useful platform in relation to migrant workers’ rights but a process of goodwill and welfare of the migrant workers. Definitely whatever the developments will not be achievements of the sending countries but changes and reforms taking place in the receiving countries due the resistance of their people. While I am unaware of the state officials of the other countries, the website of the ADD states that one such concern of the ADD will be “Comprehensive Information and Orientation Programme (CIOP) – to be funded by the Swiss Agency for Development and Cooperation (SDC) – is devoted to the mapping of pre-employment orientation (PEO) services available in Abu Dhabi Dialogue (ADD) Member States and a respective needs assessment, which both inform the development of a PEO regional guide and management framework. Starting in parallel is CIOP Phase II Plus – considered for funding by the government of the United Arab Emirates – which will first be concerned with the mapping and needs assessment for post-arrival orientation (PAO) and, subsequently, the development of a PAO regional guide and management framework. Phase II Plus will then continue with the drafting of curricula for PEO, PAO, and pre-departure orientation (PDO), training of trainers (ToT) and, ultimately, piloting of CIOP.” The web sites state that IOM facilitate the process of CIOP. This was an old effort by many NGOs in Sri Lanka for the past 20 years and had minimum success. These were discussing national advisory body on migration under ministry of foreign employment and with SLBFE. A person who trained herself in Ratmalana training center for Cyprus trainees told me that they had two toilets for 40 people during the one month residential training and they had to get up 4 Am in the morning. Most of those trainings are out dated but the thread of this piece of writing continuously questioned whether who benefits of these training are. Cyprus is a European country which is hinted to join EU in 2020. I was told that there was no training at all on Human Rights conditions of Cyprus and possible complaining process and bodies that redress is available in Cyprus. As a Country that intend to enter in EU Cyprus for sure maintained high standards of human Rights but none of the trainees were given on such training. As an adviser for two migrant workers organizations in Hong Kong sometimes back I was involved in Labour matters and Rights issues of the workers and refugees. Hong Kong maintained high standards of human Rights and Labour compared to other countries in Asia is not in this process as well as had their own process and NGOs to help migrant workers with strong presence of Migrant workers.
As an example if ADD was unable to agree on standards of Comprehensive Information and Orientation Programme where human Rights is a standards and all receiving countries agree on it will be an achievement. Unfortunately its far away as specially countries like Kuwait, Bahrain, KSA and Oman is in the block with bad human rights records for their own people specially for women. Any Comprehensive Programme that forgo or undermine or hide such very important component will not bare any result but only a talk show of funded NGOs and interstate bodies like UN IOM. IOM is operating volunteer repatriation scheme for refugees and some rights bodies accuse them for biases towards states not the refugees. Therefore a programme headed by them will raise doubts as they will serve the states as this process is funded by UAE similar fashion by Australia using NGOs to promote their modern apartheid . IOM will not be able to bring common standards for all countries in relation to Human Rights as gulf countries and Middle Eastern countries are not democracies and they are allergic for Human Rights. No process without Human Rights of the Migrant works is robust or comprehensive and all the NGOs joining the process have to be labeled as state benefitted NGOs. For last 20 years Sri Lanka NGOs or civil society was very weak on Migrant workers and mainly due to funding issues. Migrant center Dehiwala headed by late Mr David Soysa was one of the strong organizations in the past that voices for voting rights and there was no sufficient voices thereafter any more as Sri Lankan NGOs pay minimum impact on the Rights of Migrant works but more or less sails with the state and sometimes protect the state.
Sri Lankan Migrant workers are neglected and betrayed by the state, state institutions and international NGOs as well as those in the civil society. Most of them are clueless and some of the institutions belong to state is highly corrupt, very poor avenues for legal remedies where there is no proper law to safe guard migrant workers and rights based judicial precedents to be followed. Under such conditions ADD will not be a successful process but an international agenda where we will succumb to the same. We cannot support any process that will not upgrade Migrant Workers’ rights, who brings nearly 1000 Billion rupees per annum as foreign remittance and a process on their name.
Lakshan Dias –AAL-, Refugee & Migrant Rights Activist
Leading Partner-Lakshan Dias Associates.
Tel : +94 757 119417 , +94 714 534527
Email ; laksh...@yahoo.co.uk
Skype: lakshanjagath