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.