Migration to foreign lands:
New laws ensure best practices
Rasika Somarathna
The Sri Lanka Bureau of Foreign Employment (SLBFE) is to be given
wider powers, including permission to arrest without warrant any errant
job agent or individual violating established protocol in a bid to
ensure and enforce best ethical practices in labour migration.
The proposed new regulation by way of amendments to the SLBFE Act
which was originally introduced in 1985 was passed in Parliament by a
majority vote on Thursday.
A revision of laws when dealing with rogue agents too are to be
effected with fines ranging from Rs.100,000 and a maximum four year
imprisonment being proposed.
Permission is also to be given to regularize the five percent cess
tax charged from recruiting agents.
Restrictions are also to be placed on advertisements carried out by
agents in the media. Accordingly, both the agents and media would have
to seek prior approval before carrying such material.
The new proposals would also place restrictions on charges levied on
overseas employment seekers. Issuing a receipt for the monies taken
would be mandatory.
Charges levied would need prior approval from authorities. Under the
new proposals, false details and promises by job agents would come under
a fine ranging from Rs. 1,000 to Rs. 25,000.
According to Foreign Employment Promotion and Welfare Minister
Keheliya Rambukwella, during the first nine months of this year, the
Government had only received Rs.11 million so far although Rs.33 million
is due to it. Minister Rambukwella told the media yesterday that changes
were made with the idea of ensuring best practices related to protection
and welfare of labour migrants.
Remittance by migrant workers which amounts to over US $ 03 billion
annually is Sri Lanka’s number one foreign exchange earner. Over 1.6
million Lankans are employed abroad with another 220,000 (average)
joining the force annually.
According to the Minister, through these amendments the SLBFE’s
authorized officers would be given authorization to examine any document
in the possession of a person going abroad for employment at any port of
embarkation to see whether they have the required registration.
Sleuths will be given powers to arrest any illegal labour migrant if
found to be without the required documents.
According to Rambukwella this move would help authorities to tighten
screws on illegal migration, where Sri Lanka has being categorized by
the US annual report on the subject as a country in the tier two watch
list and a hub for human trafficking.
SLBFE sleuths would also be permitted to do periodical checks on
licensed agents premises and their documents if and when they deem it
necessary.
Aiding and abetting rogue agents too have been termed as a punishable
offence according to the proposed laws.
A part of the fines obtained through fines are to be forwarded to a
migrant worker welfare fund.
During this year, SLBFE sleuths have nabbed more than 100 rogue
recruiters. In addition more than 30 licensed agents too have been taken
to task for alleged wrongdoing. According to authorities over 100 job
agencies at present are doing illegal business in various parts of the
island but they do not have enough powers to deal with them effectively
under existing laws. The SLBFE Act was first introduced in 1985 and has
undergone several minor changes since then.
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