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| Tuesday, 16 March 2004 |
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The politically forgotten sector? The moving finger by Lionel Wijesiri Nimal who works in Middle East, as a technical assistant in a Multi-National company is furious at being excluded from 2004 ballot. He has come down to Colombo to attend his sister's wedding and has to go back before the end of the month. "I am very sad, very resentful. What they've done is an act of real political irresponsibility. They have shown a tremendous insensitivity to the thousands of Sri Lankans who so nobly left their own country out of economic necessity. They have forgotten who send billions of foreign exchange back home every year to support the Sri Lankan economy. "More than 40 countries allow the vote abroad," he adds. "Why shouldn't we? I do not understand why any party is scared of us." Wasantha, an engineer who worked in UK for over 10 years, agrees. He says, "Our migrant workers cannot participate in the electoral process, although their names continue to appear in electoral registers. It is not only the denial of a fundamental political right but also the right to voice their political concerns through elected representatives." In my short chats with over 20 migrant workers, who are presently holidaying in Sri Lanka, only one opposed the absentee ballot provision. He said it could invite ill-informed voting by those who have lived for years outside their native land. He also worried that the prospect of thousands of Sri Lankan housemaids lining up at consulates to vote could fuel problems in their employers' minds. "Not practical at all", he added. Absentee voting For some curious reason, registered political parties in Sri Lanka do not see the need to permit absentee voting. Manifestos of major parties dwell on doubling "the present annual foreign exchange earnings of Rs. 8000 million" in 5 years or "propose measures to consider special problems faced by migrants". It is unfortunate that those manifestos have failed to recognize that migrant workers remain disenfranchised and ignored at elections though encouraged to earn for the motherland. Since 2000, Migrant Worker Associations have taken the lead to demand absentee voting rights to migrant workers while they are away. In addition to the migrant worker associations, the Women's Manifesto released by a collective of feminist organizations, in 2001, also strengthened this campaign by demanding voting rights for Sri Lankan migrant workers abroad. Another organization - Women's Independent Political Party also launched a comprehensive campaign for voting rights of migrant workers and nominated three migrant women returnees as candidates for the local government elections held in May 2002. It is the belief of migrant workers- a majority being women domestic workers- that provision to exercise the franchise will strengthen their hands to demand a better deal through Sri Lankan political system. Such empowerment, they believe, will caution state authorities for abandoning their regulatory functions in preference to promotion of overseas employment through over-stretched supply strategies. Today, the general view of the migrant workers is that politicians do not care much about ensuring their rights because they do not matter politically. UN convention July 1st 2003 marked a significant event in the protection of rights of migrant workers and members of their families. United Nations Convention identifying the several rights of migrant workers and members of their families adopted in 1990, ratified by 25 member states including Sri Lanka entered into force on this day. The Convention offered several rights to Migrant Workers and members of their families. Under "Political Rights" it said " Migrant workers and members of their families have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of the State and States concerned to facilitate exercise of these rights". The Convention defined "migrant worker" as a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a National. The treaty required that within one year of its coming into force all member countries must introduce legislation and policies to give legal effect towards the rights contained in the Convention. Human rights Five years before 2003, National Workers Congress, a registered Trade Union with a Migrant Worker Branch took up the issue of Migrant Workers Voting Rights with the authorities. They made appeals to the elections commissioner in the run-up to the presidential and general elections in 1999 and 2000 respectively. They found that the Election Commissioner was helpless. So they made an appeal to the Human Rights Commission on the grounds that they have the powers to intervene on behalf of migrant workers and grant their right to vote. The Commission held inquiries and a series of discussions and considered it of national importance to the country as it affects the right of franchise of her citizens. After a careful consideration the Commission made the following recommendations to the Minister of Labour on April 24, 2002. "Sri Lanka is a signatory to the International Convention on the protection of the All Migrant Workers and therefore Sri Lanka is under obligation in terms of Articles 41 and 84 to ensure the Voting Rights of the Migrant Workers in the State of origin. Sri Lanka also undertakes to adopt legislative measures to implement provisions of the Convention". Despite the recommendations of the Human Rights Commission, the Government was not been able to introduce the necessary amendments to the law even up to now. As a result, nearly a million migrant workers entitled to vote and stand for election are debarred from entering the electoral process, as they are not resident in Sri Lanka at voting time. No excuse Sri Lankans abroad are normally law abiding. I believe this is so because, given the huge financial and emotional investment at stake, Sri Lankans have to be resourceful, disciplined, and obedient to duly constituted authority, in an effort to enhance their competitiveness. They would hesitate to do anything that will jeopardise their jobs. Many overseas Sri Lankans, particularly those in developed countries, have long been immersed in systems that demand strict adherence to laws and regulations, but which systems give back to its adherents, most of the perks of good citizenship. Of course bad habits resurface every now and then, but I believe there is general preference for abiding with law and promoting the common good. For the same reason, I believe overseas Sri Lankans might have the tendency to focus on issues than on personalities, and can easily distinguish between sincerity and showmanship. The overseas Sri Lankans will be far distant from patronage politics, the real bane of our electoral processes. Vote buying should never happen abroad because almost everybody earns there, and one will most probably be as self sufficient as the other. These people are increasingly demanding access to the political process without further delay. There ought to be no more excuse now for our future legislature and executive branch to get their acts together and pass an enabling law allowing absentee voting. The debate has gone beyond whether it is wise to give overseas voters a chance to vote. The constitutional mandate is there and we cannot continue denying overseas Sri Lankans the right to choose their leaders. |
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