|
dailynews |
|
|
|
|
|
OTHER LINKS |
|
|
|
|
Migrant workers and international convention on their protectionThe exodus of Sri Lanka Migrant Workers from war-torn Lebanon, yet again proves the vulnerability of migrant workers, specially the female domestic workers in countries of their temporary migration. In earlier cases, the invasion of Kuwait in 1990 and the subsequent war in Iraq, produced similar human catastrophes for migrant workers who are mostly from the poor countries of the world. Sri Lanka happens to be a leading country where the State encourages domestic migrant workers to seek employment in affluent countries. Consequently, it is estimated that over 1 million regular and irregular migrant workers from Sri Lanka are working abroad specially in countries in the Middle East and East Asia. The contribution of migrant workers to Sri Lanka's foreign exchange earnings had been the highest, totalling some Rs. 198 billion in the year 2005. Sri Lanka was one of the first countries which signed the 1990 International Convention on the Protection of the Rights of Migrant Workers and members of their families as far back as 16 March 1996. The UN sponsored Convention took 12 years to get the minimum number (10) of Ratificators necessary for its enforcement and it finally became effective in 2002. Upto date, while 34 countries have ratified the Convention, 14 countries have merely signed. Among the signatory countries, the labour receiving countries are conspicuous by their absence, while most of the signatory countries are those of migrant origin. Under Part VII of the UN Convention the application and monitoring of the Convention have been entrusted to a Committee set up under Article 72 elected by secret ballot from among country experts on migration to serve in their personal capacity. The distinction of being elected as Chairman of this Committee fell on Sri Lanka during the last two years. But domestic workers continue unabated and has failed to submit even the annual reports as provided in the Convention. While ratification of International Convention is considered legally sufficient for enforcement of rights and duties under the Convention vis-a-vis other States, the Sri Lanka Law does not impose any legal obligation to the State to honour the Convention within the sovereignty of Sri Lanka unless supporting legislation is enacted by Parliament. So far after 11 years of ratification, the Sri Lanka legislature has failed to enact the required legislation. A country which is a leading producer of migrant workers with continuous reports of exploitation and harassment, the legislators should look at this issue as an urgent one as migrant workers are a major section of the bread-winners of this country. 1990 International Convention, which was based on a number of ILO Conventions relating to the protection of human rights migrant workers imposes certain obligation on the country of origin. Under Article 33 of the Convention, the state of origin (Sri Lanka) has an obligation to inform about the conditions of labour in the country of employment. Most Sri Lankan domestic workers are completely unaware that some of the countries of employment does not respect basic human rights of the workers or the numerous ILO Conventions. Most of the female migrant workers realize they have been trafficked in to involuntary servitude only when they find that they have no way to escape from the bondages. It is paramount that the Sri Lankan Government briefs the workers about the situation prevailing in those countries and allows them to make an informed choice. The migrant workers should be briefed about the rights under the International Convention such as the right to vote and the right to form workers associations before departure. Transmitting information should not be left at the sole discretion of Employment Agencies whose main motive is making a profit from the "Migrant Industry". Free legal aid will be given to those Sri Lankan workers returning from Lebanon. Questions and AnswersCan a Sri Lankan passport be obtained, if father is of Indian origin?Question: I was born in Colombo, educated and employed in Colombo. I am now 75 years of age. I wish to obtain a Sri Lankan Passport to go to India on a pilgrimage. My birth Certificate stipulates the nationality of my father as Indian National (Indian Tamil). Will there be any obstacle in getting my Passport, just because of the nationality of my father as Indian Tamil as stated in the Birth Certificate. K.B. Ramalingam, Colombo 15. Answer: According to your letter you have stated that you have been born, educated and employed in Sri Lanka. As such you are a citizen of Sri Lanka. You are therefore entitled to get a Passport in Sri Lanka. ********** Can husband obtain Sri Lankan citizenship for his Philippine wife and child?Question: My son is a resident of Sri Lanka. He is employed in the Kingdom of Saudi Arabia and married to a Philippine girl in K.S.A. They have a child of three years and are prepared to come to Sri Lanka. Please let me know as to how I could bring them down to Sri Lanka and get their citizenship. I have already written a letter to the Department of Immigration and Emigration on 23.01.2006, to which there has been no reply to-date. A.M. Ansar, Ukuwela. Answer: According to your letter your son is employed in the Kingdom of Saudi Arabia, married to a Philippine girl and they have now decided to come to Sri Lanka and obtain Sri Lankan citizenship for his wife and child. Since your son is a Sri Lankan and is holding Sri Lankan citizenship, he is entitled to make an application to obtain Sri Lankan citizenship for his Philippine wife and child. Your wife and child can get a visa from Sri Lanka when they come to Sri Lanka and your son could apply for visa from the Department of Immigration and Emigration. ********** How to obtain our share of Parents' house and property?Question: My father expired in 1969 suddenly without leaving a Last Will, at which time I was in my teens having left school. My deceased father left behind my loving mother and six children without any income. My father owned a house and property at Colombo in which we were residing at that time, and it was in his name. At that time two of my younger brothers were minors. However, according to our knowledge a testamentary case was filed in the District Court of Colombo and my mother was given Letters of Administration. Nothing else was done beyond that regarding the house in respect of the testamentary case. Later in 1998 my mother also expired. The Deed of the House is still in my father's name. Out of the six children, one of my brothers also expired in 1983, leaving his wife and 3 children. I now wish to sell this house and give the shares to all children including my deceased brother's wife and children and also myself. Please give me your solution as to how I should proceed with this problem to solve it peacefully. Raju Perera, Dehiwela. Answer: According to your letter you have informed that your father died without leaving a Last Will and leaving your mother and six children. It is also observed that your mother initiated a testamentary case in the District Court of Colombo and she was given the Letters of Administration. However, before the conclusion of the proceedings of the testamentary case, your mother had expired. Since your mother has now expired, you have no right to sell the property and distribute the money among your brothers and the deceased brother's wife and children. Therefore you have to file a testamentary case before the District Court of Colombo without any further delay and obtain Letters of Administration in your favour. After obtaining Letters of Administration in your favour, you can proceed to sell the property and distribute the money as stated by you in your letter under reference. ********** Is it necessary to obtain a 'B' certificate from an employer after resignation from employment?Question: I have been in employment in a private firm for the last six years and have now resigned from my employment. Is it necessary to obtain the 'B' certificate from my employer and what is the importance of retaining the same? Manel Sriya, Welivita. Answer: Your employer is required to complete forms - A, B, and H and deliver them to the labour office of the area within 14 days of your recruitment. If this is not being done, it would be correct to remind the employer of it. The Labour Office will check the forms, have the 'B' form signed and certified by the Deputy Commissioner of Labour (EPF) and return it to your employer to be handed over to you. This is your Certificate of Membership. You must have it in safe-keeping for it will ensure easy transaction of matters dealing with the fund. For the easy withdrawal of benefits, correct filling of A, B, H, forms and placing of clear thumb impressions thereon are important. ********** When changing over from one job to another is a separate 'B' Certificate necessary?Question: I have in my custody the 'B' Certificate which I collected from my previous employer. I now work in another company. Therefore, please let me know whether I should ask for a separate 'B' Certificate from my present employer? R. Rodrigo, Battaramulla. Answer: No. It is not necessary to obtain a new 'B' Certificate from your present employer. You can hand over to your new employer the 'B' Certificate obtained from your former employer and help him fill form G. Your new employer will send your 'B' Certificate and form G to the Labour Office of the area, which will then mark the new number on your 'B' Certificate and return it to the employer to be handed over to you. Any tampering of the 'B' Certificate either by you or the new employer will render it liable to cancellation. ********** If the name on the 'B' membership certificate is wrongly entered, how can it be rectified?Question: My name has been incorrectly entered in my 'B' Membership Card. Please let me know how to correct the said error? B. Gunaratne, Kelaniya. Answer: If your name has been incorrectly entered in your 'B' Membership Card, the following documents will be necessary:- 1. A letter from the employer mentioning the name given on the 'B' Certificate and your correct name and certifying that both names refer to one and the same person who is the holder of Membership No... and that there is no other person known by these names. 2. Your Birth Certificate or Marriage Registration Certificate. If your name is going to be changed subsequent to your marriage, the Marriage Certificate should be sent instead of the Birth Certificate. (Photocopies of such Certificates should be authenticated by the Officer-in-charge of the Marriage Registry at present and sent). 3. A photocopy of the National Identity Card, (it should be certified as your own by the Grama Niladhari and countersigned by the Divisional Secretary). 4. The 'B' Certificate. Please make an application to the Labour Office of the area wherein the place of work is situated together with all the above mentioned documents. Thereupon your name will be accordingly corrected in the A and H Forms at the Labour Office and in the 'B' Certificate. The 'B' Certificate, then will be returned to the employer. ********** How to get a duplicate birth certificate when the original Birth Certificate is lost or misplaced?Question: I lost my Birth Certificate. How can I obtain a duplicate Birth Certificate? K. Lanchana, Colombo 5. Answer: You have to go to the relevant Divisional Secretary's Office where you were born. For example if you had been a resident of Colombo and was born in Galle, you have to go to the Divisional Secretary's Office, Galle and obtain an application form from them. Thereafter you have to fill the form and hand it over to them. The Divisional Secretary's Office will thereafter process your Birth Certificate. In case you had been born in Batticaloa or Jaffna and you are unable to go to these places, you can apply for your Birth Certificate from the Registrar-General's Office in Colombo giving valid reasons that you are unable to visit the said areas due to security reasons. The Registrar-General's Office will treat such people as special cases and take steps to process their Birth Certificates in Colombo. Legal Aid Commission Centers in Sri Lanka 01 LAC Head quarters 02 Tsunami 03 Welikada Prison New centres established by LAC in 2006 04 Bandarawela 05 Matale 06 Avissawella 07 Ratnapura 08 Negombo 09 Kalutara 10 Gampaha 11 Polonnaruwa 12 Anuradhapura 13 Kandy 14 Kurunegala 15 Galle 16 Hambantota 17 Nuwara Eliya 18 Moneragala 19 Ampara 20 Kegalle 21 Chilaw 22 Akkaraipattu 23 Balapitiya 24 Matara 25 Vavuniya 26 Trincomalee 27 Kalmunai 28 Jaffna 29 Batticaloa DisclaimerThe answers to the questions are the legal views of individual lawyers and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page. Send in your questions to:- The Daily News Legal Aid Page, Chairman, Legal Aid Commission, 129, Hulftsdorp Street, Colombo 12. Email: [email protected] Note In future we hope to separate our Legal Aid Page to different columns such as - . Problems regarding Pension. . Land disputes, Lease Agreement, etc. . Violence against women & children and disputes among the family. . Registration of Deeds. . Registration of Motor Vehicles. . Insurance & Tax matters. . Problems regarding obtaining of ID Cards, Birth Certificates, Death Certificates, etc. . Prison matters. . Mediation and settling of minor problems. . Disputes regarding Immigration & Emigration. So, please do write to us and we will be glad to assist you in the matter. We try to answer as much questions as possible. However, if we have missed any of your questions, kindly inform us by mail or email. Please make your questions short. If you wish to visit us, you could do so on weekdays between 9.00 a.m. and 4.00 p.m. |
 |
|
|
|
|
|
|
|
|