{"id":15126,"date":"2013-01-22T21:19:24","date_gmt":"2013-01-23T02:19:24","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=15126"},"modified":"2013-01-22T21:19:24","modified_gmt":"2013-01-23T02:19:24","slug":"rizanas-tragedy-has-necessitated-urgent-need-for-reviewing-our-middle-eastern-employment-recruitment-policy","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=15126","title":{"rendered":"Rizana’s Tragedy has Necessitated Urgent need for Reviewing our Middle-eastern Employment recruitment Policy"},"content":{"rendered":"

By Sqn. Ldr. J.T. Rex Fernando (S.L.A.F. Retired)<\/strong><\/p>\n

The news of the beheading of Rizana Nafeek the Sri Lanka housemaid in Saudi Arabia on 9 January 2013, has been received by all Sri Lankans and virtually across the world with profound grief and shock. Having been forced to spend eight years behind bars in an unknown land for a crime, that when taken out of context of Saudi Law, can be called an accident, symbolizes abject poverty, tragedy and despair.<\/p>\n

Rizana’s death is not about a poor family being rendered poorer by the heart breaking execution, it also exposes Sri Lanka’s inability to effectively protect its migrant workers \u2013 the diplomatic poverty as a nation.<\/p>\n

<\/p>\n

Apart from considering the most distressing episode of Rizana Nafeek’s execution, the alarming increasing number of reported cases of harassment and torture of our migrant workers to the Middle East with monotonous regularity is a matter of grave concern.<\/p>\n

Consequently it is time for introspection. The whole process of recruitment for employment in the Middle East, the role of job agencies, obligation of employers, safeguards for the workers and the obligations of our missions abroad need to be completely reviewed.<\/p>\n

Alarming increase of harassment<\/p>\n

With monotonous regularity, there are reports in the newspapers of blatant harassment, exploitation and deprivation of the legitimate dues of our migrant workers in the Middle East. The most recent cases of torturing of housemaids with nails have been shocking. The following are some of the very recent newspaper reports of harassment and torture of our migrant workers.<\/p>\n

‘ Sri Lankan maids suffer abuse in the Middle East’<\/p>\n

‘ Domestic helpers still subject to abuse’<\/p>\n

‘ Housemaid thrashed in Reynard’<\/p>\n

‘ Housemaid abused by the Employer’<\/p>\n

‘ Housemaid beaten and nailed in Kuwait’<\/p>\n

‘Sri Lankan maids among the most tortured workers in the world’<\/p>\n

‘ Conmen prey of M-E Housemaid’<\/p>\n

‘100 Lankan migrant workers stranded to be brought back from Saudi’<\/p>\n

‘Ten Sri Lankans forcibly detained by the employer’<\/p>\n

‘Doctor confirms housemaid tortured in Kuwait’<\/p>\n

According to the news reports and the Sri Lanka Bureau of Foreign Employment, the Sri Lankan Government received 2,000 reports on foreign employers abusing maids in 2008. According to the same report, 123 Sri Lankan women had died in 2003 while working abroad. The government had classified 45 of the cases as ‘Unnatural Deaths’. In other words, those deaths are apparently murders.<\/p>\n

While the latest statistics are not available, this is an alarming rate of violence against Sri Lankan women in some Middle East countries. It is true that those countries help Sri Lanka by providing employment opportunities to our men and women but there should be some effective mechanism to ensure the safety of Sri Lankan housemaids employed abroad. While the Lankan Government has adopted, certain measures in view of the alarming cases of harassment, torture and exploitation particularly of our female migrant workers the need for meaningful measures to protect Sri Lankan women working abroad cannot be over emphasized.<\/p>\n

The magnitude of the problem of the migrant workers, and the unenviable predicament particularly of the workers in Arab lands can only be adequately appreciated and understood by those who have served in the Middle East, and have had an insight into the working conditions of our migrant workers. Serving in a Middle East country for nearly a decade in the capacity of Chief Administrative Officer in a government establishment, and having travelled widely in the Gulf, I am aware how some private sector employers and employment agencies dupe the expatriate workers by ingenious, subtle and insidious ways. I am also aware of any instances of physical and sexual harassment, deprivation of wages, and also the nonchalant attitude adopted by the employment agencies and our foreign missions when the migrant workers are faced with problems.<\/p>\n

Observation of international agencies<\/p>\n

The New York based Human Rights Watch (HRW) in a recent report has stated that domestic helpers typically labour for 16 to 21 hours for extremely low wages of 15 to 30 US cents an hour. Some domestic workers had told Human Rights Watch, how they were subjected to forced confinement, food deprivation, physical and verbal abuse, forced labour and sexual harassment and rape by their employers. It said more than 660,000 Sri Lankan women work abroad as domestic workers, nearly 90% in Kuwait, Saudi Arabia, the UAE and Lebanon.<\/p>\n

According to HRW, Government in the Gulf expose Sri Lankan domestic workers to abuse by refusing to guarantee a weekly rest day, limits to the work day, freedom of movement and other rights that most workers take for granted. It is an undisputable fact that too many employers and unscrupulous labour agencies get away with exploiting the workers without real punishment.<\/p>\n

It may be helpful if an in-depth study is made of the numerous cases of our workers who have encountered various problems such as non-payment of wages, unilateral change of conditions of employment, and cases of physical and sexual harassment is undertaken in a continuous basis. Such a study will help to formulate strategies to deal prevent blatant cases of harassment, deprivation of wages, breaches of contractual obligations.<\/p>\n

The Bureau must be geared to perform a more meaningful and effective role, as the protector of migrant workers. It should be given the ‘MUSCLE’ to assert itself and be able to prevent or at least minimize the exploitation and harassment of our workers. The migrant workers must have the confidence in the Bureau as their ‘Protector’.<\/p>\n

Need for an effective mechanism<\/p>\n

The frequency of the cases of harassment and exploitation of our migrant workers particularly the female workers necessitate the setting in motion a meaningful and effective mechanism to rationalize the recruitment of Sri Lankan workers and registration and control of employment agencies. Considering the numerous problems encountered by our migrant workers the need to expeditiously initiate suitable action to tackle this intricate problems cannot be over – emphasized.<\/p>\n

While after every case of harassment, torture deprivation of wages is reported the Bureau of Foreign Employment assures that action is pursued to prevent such recurrence, regrettably no effective and meaningful action is pursued. In providing for a more effective mechanism, the following salient aspects should be given consideration.<\/p>\n

\u2022 Monitoring of Employment Agencies<\/p>\n

The activities and the modus operandi of the employment agencies must be carefully monitored. There should be an effective machinery to prevent the duping of applicants for employment abroad and the extraction of prohibitive and unconscionable commissions. All foreign employment agencies without exception should come under the purview of the Bureau of Foreign Employment. Responsibilities of employment agencies should be carefully laid down. It is well- known that most agencies are only concerned about the interests of the foreign employers\/principals. Invariably the interests of the workers are subjugated to the interest of the employer. In the case of Rizana Nafeek, the Job agency had insidiously changed her age although she was under age for the specific purpose of obtaining foreign employment.<\/p>\n

\u2022 A code of ethics<\/p>\n

Formulation of a code of conduct\/ethics for employment agencies should be given priority consideration and licensing of these agencies should be on the basis of their credentials suitability and competence. The agencies must strictly confirm their adherence to the code of ethics and those acting against the stipulated rules and regulations should be effectively punished as a deterrent to other potential offenders.<\/p>\n

\u2022 Contractual obligations<\/p>\n

The contracts of employment should be carefully scrutinized and the Bureau must guide and advice those seeking employment about the mandatory safeguards and precautions.<\/p>\n

\u2022 Reciprocal obligations<\/p>\n

Some contracts are ‘one sided’ and there is no employer\/employee reciprocal obligations.<\/p>\n

\u2022 Language<\/p>\n

Some contracts are in Arabic and the workers required to sign the contracts either before departure or on arrival to take up the appointment. Many of our workers sign the contracts without understanding the terms and conditions.<\/p>\n

\u2022 Re-negotiating of contractual obligations<\/p>\n

Need to re-negotiate worker agreements with explicit employer obligations with the host countries with bad reputation is very necessary. The countries to which our workers are sent, must respect the Human Rights of workers and the relevant ILO conventions.<\/p>\n

The governments of Gulf countries including Kuwait, the United Arab Emirates and Saudi Arabia, as well as Lebanon have over the years, failed to curb abuses against Sri Lankan domestic workers. So the need to examine the contractual agreements must be carefully examined as the ‘Protector’ of our migrant workers.<\/p>\n

\u2022 Breaches of contracts \u2013 effective action<\/p>\n

In the event of a breach of the contract, by non-payment of wages withdrawal of facilities and allowances agreed upon change of status and duties and adverse working conditions an effective and meaningful procedure for redress must be clearly set out.<\/p>\n

Also there should be adequate safeguards against unilateral repudiation of the contracts of employment. Very often after signing the formal contract of employment or on arrival to take up the appointment, the terms and conditions of employment are altered. Such cases are on the increase and from reports it is evident that the Bureau has been inundated with such cases of blatant repudiation of the contracts.<\/p>\n

\u2022 Body for arbitration<\/p>\n

Consideration should given to have recourse to arbitration to settle disputes arising from failure of employers and employment agencies to fulfil their contractual obligations. This is very necessary since our Foreign Missions aboard have not been of any meaningful assistance over the years. Hope that the new manual for overseas missions to be more effective to tackle migrant workers will being about the desired change. A more meaningful and effective control of the recruitment of Sri Lankans for employment in the Middle East is a pressing National and Humanitarian necessity.<\/p>\n

Unless the role of the Bureau of Foreign Employment as the protector of migrant workers is made more effective and assertive and the activities of the employment agencies are closely monitored and regulated and our foreign missions abroad show more concern for the travails and tribulations of our workers, no significant and meaningful change will ever result.COURTESY:CEYLON TODAY<\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Sqn. Ldr. J.T. Rex Fernando (S.L.A.F. Retired) The news of the beheading of Rizana Nafeek the Sri Lanka housemaid in Saudi Arabia on 9 January 2013, has been received by all Sri Lankans and virtually across the world with profound grief and shock. Having been forced to spend eight years behind bars in an …<\/p>\n

Continue reading ‘Rizana’s Tragedy has Necessitated Urgent need for Reviewing our Middle-eastern Employment recruitment Policy’ »<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[12],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/15126"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15126"}],"version-history":[{"count":1,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/15126\/revisions"}],"predecessor-version":[{"id":15127,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/15126\/revisions\/15127"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}