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by G.D.G.P. Soysa, Director, Migrant Services Centre

Studies on migration in the last half of the 20th century are concerned with the movement of natural persons for settlement, employment or as asylum. Policy on migration throughout the world during this period was to regulate migratory movements in the best interests of sovereign states that permitted migration. With the oil price hike in the 70s the extraordinary wealth of Gulf States permitted them to open their doors for skilled and unskilled as well as professional employees to develop infrastructure necessary to convert Desert kingdoms into prosperous states.

Liberalisation of trade in goods and services commenced in the eighties and the globalisation of world economy caused a shift of capital and technology from North to South enabling a revolution in Technology and information sharing in states of the South. It added a new dimension to the migration process, that led not only to a movement of people or "bodies" but also a growth in export of Corporate Commercial services rendered without the movement of persons across national borders.

Minister of State for Commerce in India, Chiddambaram addressing a seminar on Invisibles said "We understand merchandise trade, we understand selling and buying of goods, not Invisibles. They are what they are - invisible, intangible, and therefore often not subject to full measurement. But it is this sector which will grow rapidly. For a country rich in human resources, this sector has tremendous potential. It needs careful policy making and the selection of right instruments and right incentives to ensure promotion of international trade in services".

Sri Lanka ranks among the world's 20 main exporters of labour services. As a percentage of total exports of goods and services it was as high as 18% in 1992. It was equally high as a percentage of import of goods. Sri Lankans who migrate for employment contribute in two ways to growth of the economy, although in the process some of them face severe odds and inconveniences. The time has come for us to evaluate the success of nearly 20 years of an overseas employment programme undertaken by Sri Lanka.

Foreign exchange earnings

Foreign exchange earnings from migration have benefited the State. Over Rs. 50 Billion in foreign exchange is remitted by migrants annually. Each successful migrant has saved nearly Rs. 200,000 to Rs. 300,000 if she worked as a housemaid; Rs. 500,000 to 1,500,000 as technician or skilled worker. Professionals have earned and saved immensely. However, the impact of migration has not been even. Absolute failures among migrants are estimated at 10% of the total annual outflow. This has brought about economic ruin to some families.

A recent study undertaken by us indicated that of the entire sample for, 26.28% the employment experience had negative effects on their family lives. Of these, 27.1% stated that it led to divorce or separation from spouse or children developing health or social problems (15.89%) while the remainder mentioned addiction of husband to alcohol, death, sickness or disability of husband due to alcoholism with a few reporting domestic strife, indebtedness, depression among family member if the spouse had to abandon employment, and having to look after the welfare of siblings from money earned (45.79%).

It is noteworthy that, during informal discussions, many returnees stated that they have changed socially and psychologically as a result of their foreign experience, that their families or community failed to recognise it, and that it was an additional push factor to re-migrate.

It has to some extent helped solve the unemployment crisis. The number who left for overseas employment in 1985 was estimated at 50,000 persons, and at this time the total stock of Sri Lankans in the Gulf States was 150,000. These figures have progressively increased and in 2000 nearly 150,000 persons have reportedly left the country apart from Maritime employees and undeclared departures. The total stock of Sri Lankans in the Gulf States has risen to 700,000. The Controller of Immigration and Emigration in his Administration Report stated that the number of Sri Lankans resident abroad is 1,500,000.

Excessive competition

The foreign employment program in Sri Lanka is handled by the private sector and monitored by a State Bureau. The Private sector operates amidst excessive competition to secure jobs, and in the process they charge exhorbitant fees, lower standards of employment and sometimes expose migrant workers to unanticipated risks. The majority of Sri Lankans who are exposed to this situation are women who leave the country as housemaids.

They are not protected by any labour laws while in employment and have no human rights while they are out of the country. The distinction between slavery and employment in this situation remains rather thin. The reality is that a woman who comes for employment to a house has to forego her passport, her identity and individuality. She loses her independence and her right to move.

Incidents of women who fall from buildings and die prematurely are often suspected by their relatives as incidents of murder or suicide due to unbearable trauma. Feminisation of migration has posed the greatest challenge for the Overseas Employment program. The "Commodity Supply approach of Select, Train, Pack, Insure and Export" may not succeed in this venture as human nature which is diverse does not bend itself to regulation. Should this continue in the 21st century? a different approach is called for.

The Bureau in charge of Sri Lanka's Overseas Employment Program has offered a solution by requiring housemaids to insure and register themselves prior to departure, ensuring them compensation for death, permanent or temporary disability and accident. However, a Medical Board has not been set up by the Bureau to assess compensation; nor an arrangement made to undertake prompt clearance of claims. The training component should be strengthened as a longterm measure to provide advice on prevention and care. A program of overseas employment needs in built methods to ensure that incidents of abuse, assault, loss of life are avoided an adult exposure. For this purpose receiving countries should be required to respect human rights and ensure that they reach agreement with the authorities in sending countries such as Sri Lanka to provide protection and welfare.

It is reported that 30-40% of persons leaving for employment abroad do not register with the Foreign Employment Bureau. It is claimed that they prefer not to do so, as otherwise they are compelled to pay very heavy registration fees which are levied on the basis of procurement charges permitted under Section 51 of the law. This is irregular when persons find jobs on their own. The intention of the law under section 53 is to record departures in a Data Bank through a registration process.

Close rapport

It is unfortunate that the manner of registration or fees charged for registration have not been spelled out by law for the benefit of migrant workers. The Bureau continues to make illegal charges under the pretext of registration fees and now to be modern VAT has been added to these charges. A close rapport between a migrant and Bureau is necessary for disclosing personnel information. A proper climate should be created for this purpose. Threats and sanctions as at present will only provide disincentives and compel a migrant worker to look upon the State Agency as a parasite rather than a friend.

Today our concerns are mainly reactive to regulate the process of recruitment, irregular recruitment or irregular levy of fees. We are not on the search for alternative sources of employment for our workers, particularly our women workers who are now sent unskilled. The overseas employment program should be proactive, value based and very much a part of the overall national employment strategy.

The overseas Employment Program has worked on the basis of temporariness for nearly 17 years. The time has now come to review the law institutions and structures and consider a longterm overseas employment strategy. Provision of labour services should be strengthened with new areas of employment like Nursing Care of the old and ageing, Sea based employment in Merchant Vessels and Fishing Craft, more importantly trade in Invisibles which has emerged.

In the Philippines there is one law to cover registration of all Filipinos whether they are land or sea based employees. In Malaysia, Singapore, Korea and the Philippines arrangements have been made to enable citizens with skills to remain within the country and provide service exports in Engineering, Computers, Telecommunications, Financial, Medical and Legal Services. However progress in these sectors is challenging and demands heavy prior investments in Education, Technological Development and Human Resource Development. It is not possible for Sri Lanka to offer such a total overseas employment package through a Bureau.

The time is therefore opportune to consider setting up an Overseas Employment Authority with wide powers over land and sea based employment and "Invisible" exports. Such authority would be able to use or diplomatic services to the fullest reaching agreement with receiving states to obtain benefits from relaxation of controls and promotion of service exports as provided for by the General Agreement on Trade in Services and the LOME Convention.

We should make our choices clear. Today the National Employment Plan devotes several paragraphs asserting the importance of overseas employment. How does overseas employment fit into the Macro Economic Plan of the country has yet to be seriously sorted out. It's a national effort that is called for. In the past we had a Presidential Task Force that was more reactive to resolve or contain problems. New developments call for a high level of commitment with the participation of all concerned Ministries.

It is on record that some persons of authority in the past have offered female workers of 16 years to work abroad as housemaids when receiving countries insist on a high minimum age limit. A weak supply scenario cannot fit into the realities of the 21st century as Sri Lankan labour is now knowledge-based, independent, technically competent, aspiring for better incomes and upward mobility. The time has come for us to be concerned whether we should be dependent forever on our women workers who are largely unskilled, or offer alternative paradigms to the job market.

Distant dream

Has the overseas employment program of Sri Lanka undertaken during the last 20 years and designed to continue perhaps for another 20 years affected the ability of Sri Lankan State to foster good Governance. Sri Lanka has nearly a million workers entitled to vote serving abroad and an equal number of Sri Lankans who once demanded the opportunity to participate in the electoral process during the last 20 years they served abroad now resident in Sri Lanka on return. To them exercise of political rights has been a distant dream.

The migration process has offered upward mobility to backward populations; improved their living standards; exposed them to development in the world of work elsewhere; raised their expectation for recognition and respect; and valued their relevance to Sri Lankan society and polity at all time. It is pertinent to observe whether the migration process has eroded the essential elements of a stable political order for Sri Lanka. Migration has undoubtedly raised the expectations of a large segment of Sri Lanka's population who are now on the search for participating in socio economic and political life of Sri Lankan society.

Sri Lanka is the only other country after the Philippines in Asia to have ratified the UN Convention 1990 that grants rights to migrant workers and members of their families. The Convention has a clear message of liberation for the migrant offering him all manner of rights without any discrimination. Article 41 of this Convention permits the right to participate in public affairs of the state of origin, to vote and to be elected at elections of that state in accordance with its legislation.

Legislation in Sri Lanka does not provide for voting "in absentia". Hence nearly a million voters or 1/6 of the electorate are precluded from participating in the political process. Lack of power sharing robs legitimacy of political institutions. Although universal adult franchise was in operation for last 60 years and phenomenon of migration appeared during the last 20 years. Sri Lanka's political system has failed to take note of developments in the polity. We have failed to enable realisation of aspirations of an important segment of the electorate often referred to as national "Heroines" at Budget time. There is a gap between the idealised world created by the elite and social reality of a return to poverty and disillusionment caused by political exclusion.

International Migrants' Day is an occasion for us to reflect on the challenges that concern authorities and civil society as we face a new threat of trafficking of women and children and human smuggling under the guide of migration for employment. Unless Sri Lanka comes to grips with the political dimension of the migration phenomenon and make civil society aware of accommodating migrants interests in a fully participated political process, evils of migration like trafficking, job racketeering and criminalisation of the enterprise of migration will continue to elude us. 

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