Labour and migrant workers
The
consultation with responsible government officials we convened last
week, to expedite implementation of the National Human Rights Action
Plan, would, I thought, be easy, since the subjects to be discussed were
not at all contentious. In one sense this turned out true, because there
was no disagreement at all about what needed to be done. However we also
realized the enormous slowness with which government departments have
been acting and I don’t suppose it will be easy to ensure swift
responses.
The first area we looked at was that of Labour Rights, where our
record is relatively good. One area we must do better is ensuring
protection of children from hazardous occupations, for which obviously
there needs to be better coordination between the Police, the Labour
Ministry and the Child Development Ministry and its relevant agencies.
Similarly, we must ensure conformity with regard to legislation
concerning compulsory schooling, employment, and the right to join trade
unions. At present there are some discrepancies, which could lead to
children who are employed, albeit legally, being exploited.
Trade unions
All that is needed for the above is commitment and action by the
responsible agencies. More complicated will be the issue of delays in
settlement of industrial disputes. Despite alternatives being available,
we have wasted much time and effort in confrontational approaches
(unsurprisingly, given that, that is the culture in the country
generally) whereas better recourse should be had to mediation and
arbitration. Ensuring a level playing field between employers and trade
unions is also essential, and the plan recognizes that sometimes unfair
practices are associated more with trade unions than employers.
With regard to migrant workers, there is much stress in the plan on
training and awareness programmes, with regard to rights, conditions in
receiving countries, possibilities of exploitation, existing mechanisms
to provide protection. Here however, as elsewhere in the plan where
awareness programmes were recommended, we felt there was an absence of
mechanisms to ensure that such programmes are effective. At its
simplest, I found that some agencies conducting such programmes had not
set out for themselves what their aims were, and the indicators that
would establish that the programmes were achieving these aims.
Monitoring system
This goes back to a basic difficulty we have, which is our failure to
ensure follow up. Monitoring and reporting mechanisms are limited, and
unless we develop these more carefully, the good work that is being done
will be useless. Thus, it was clear that the Ministry of Foreign
Employment Promotion and Welfare has indeed done a lot of work to
improve conditions and also awareness, but unless they develop a good
monitoring system, we will find victims of exploitation slipping through
the net.
I was also disappointed that we have not yet developed an effective
system of tracking our workers in other countries. When the plan was
being prepared, we suggested that all workers arriving in any country
should register with our embassies in those countries, and be requested
to provide contact information, plus a quarterly confirmation of their
position. This would allow us to investigate quickly anyone who went off
the radar.
Setting such a system in place should not be difficult, provided the
cooperation of all sending agencies is made mandatory, with stiff
penalties for non-compliance. This would be the best way of preventing
trafficking, since that could not happen without the connivance of
particular agencies. Our ongoing failure to set out operational
procedures and ensure compliance is what permits such exploitation to
continue.
Another area of concern - and I suspect my colleagues at these
consultations are now getting tired of my insistence on this - is the
lack of adequate counselling services. The ministry does now have a very
impressive centre to provide care for returning workers, but this does
not help with those who go back home and have difficulty in adjusting.
The simplest mechanism to deal with this would be the regular meetings
we have suggested that Grama Niladharis have with representatives of the
Women and Children’s Desk of Police stations, with regular consultation
of social workers responsible for the area, and in particular Health
Ministry personnel.
Preventive action
The development of what I have termed Vulnerability Indices in every
GN Division would ensure preventive action before a crisis developed.
Efforts should also be made to involve the community in support systems,
which is why I was so heartened when the Girl Guides made clear their
concerns in this area and their desire to help. The Health Ministry
which has continued to do a fantastic job throughout the country despite
great practical difficulties and shortages of personnel, should take the
lead role in this and ensure coordination between local officials,
trained Police personnel, and government and civil society social
workers.
In this regard, our suggestion that the meetings should also cover
school dropouts is obviously relevant also to the situation of the
families of migrant workers. Where one parent is away, children will
obviously suffer, and the tendency to drop out of school will increase.
Monitoring the situation of such families, and providing counselling and
other support from the start will help to mitigate any ill effects of
parental absence.
Finally, we must take very seriously the suggestion that we should
upgrade the skills of our workers. Though some efforts have been made in
this regard, there is no coherent policy with regard to the soft skills
that must be added on if our workers are to move up the ladder from
their current position, basically that of the lowest paid in the
international job market for labour. We must register the need to pursue
personality development through enhanced language skills, cultural
activity, organizational experience and teamwork, but Vocational
Training in many parts of the country still goes on the old model of
simply developing manual labourers, without supplementary skills. Indeed
the situation is worse, in that the skills taught do not include many
that are essential as the construction industry develops in those areas. |