Sarath WijesingheƒÆ’-¡ƒ”š‚  – Ambassador United Arab Emirates

This is an important and ground-breaking event organised by the Ministry of Employment and Welfare and Ministry of External Affairs supported by the International Organisation on 13^th to 16^th at Amman Jordan. The significance and the importance of this exercise is far reaching and of immense help to the migration workers, mostly ƒÆ’-¡ƒ”š‚ concentrated in the Middle East due to economic, regional and social falters. Though the case study is Sri Lanka, the concepts and issues, matters discussed and the decisions taken are applicable to the entire Migration Labour population, which was guided and supervised by the International Labour Organisation.

Topics and matters discussed were current and directly relevant to the economy, development of the country and the life of the entire population directly and indirectly as the nation today depends on the income of foreign labour which has replaced the traditional earnings such as tea, rubber, coconut, apparels and traditional and non traditional exports.

Among issues discussed are on ƒÆ’-¡ƒ”š‚ Review of Grievances and complain handling by Mr L.K.ruhunage, Promoting of protection through Good Governance by Mrs Pathmani Ratnayaka, International Legal Framework by Rysazard Cholewinsky of ILO, National Laws and protection Migration workers by Dr Azfer Khan of ILO,and contributions of powerful stakeholders and decision makers including the Hon Minister of Foreign Employment Promotion and welfare, Secretary Ministry of External affairs, Secretary Ministry of Foreign Employment, Secretary Ministry of Labour, Chairman Sri Lanka Bureau of Foreign employment, and most of the ambassadors in the Middle East made a direct impact on the deliberations during this rare meeting of decision makers and stakeholders dealing with policy and day to day matters of a powerful segment of contributors to our economy.Workshops with the participations of the representatives of staff members of both Labour and External Ministry officials based on the experiences were active and productive.

Sri Lanka Diplomatic Missions play a vital role in safeguarding the rights of Sri Lankans employed outside Sri Lanka. In countries that employ a large number of Sri Lankans primarily low skilled categories of labour, these Missions are expected to provide myriad servicesƒÆ’-¡ƒ”š‚  including addressing migrant worker grievances. In Sri Lanka National Migration Policy recognises this important role played by Sri Lankan diplomatic Missions in labour destination countries in safeguarding theprotection of Sri Lankan workers.

Hon Dillan PereraƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s contribution and commitment

Hon Dillan PereraƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s commitment, hard work, and vision in organising the event is to be commended and the results are going to be ground breaking on short and long term basis. What is now required in the continuity and follow up work aiming to be the highest position in the arena ofƒÆ’-¡ƒ”š‚  migration labour in the competitive world. His leadership vision and commitment is exemplary.

Rare Opportunity

It is a rare occasion and opportunity ƒÆ’-¡ƒ”š‚ meeting ƒÆ’-¡ƒ”š‚ Hon. Minister of Foreign Employment, Labour, Secretary to Ministry of External Affairs, Ambassadors, Chairman Sri Lanka Bureau of Foreign Employment and many more government officials and International Experts of the highest calibre reputed and renounced locally and internationally in one forum aiming at most groundbreaking and current topics of importance.ƒÆ’-¡ƒ”š‚  Organizers should be credited and commended for having thought of this project which is timely and productive short and long time in the interest and betterment of the migrant expatriate workers in the Middle East. It is high time that this is organized and this should be followed and continuously.

Presentation by the Embassy of UAE

Theme of the presentation ƒÆ’-¡ƒ”š‚ of the Embassy of United Arab EmiratesƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ was is on ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-political and international aspects of labour related issues in the Middle EastƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ aiming at Labour Generation Promotion, Migration Promotion and Management including legal aspects ƒÆ’-¡ƒ”š‚ interactions with the government, employers, and other stakeholders.

Middle East

Middle East depends on foreign labour, especially the affluent countries such UAE and Quarter. Traditional Middle countries are struggling today due to Arab Spring and the disturbances agitation for changes of the mode of government rule. We are sandwiched and saddled in between as direct and indirect victims of disturbances with direct effects on labour prospects and trade such as Tea and other traditional commodities exchanges for centuries.

Middle East depends mainly on Asia and Africa and other developing nations for skilled and unskilled labour for their development project and management of the government machinery. This act of symbiosis helps both labour producing and host countries based on necessity and supply and demand.

United Arab Emirates

UAE expatriate workers population is around 78% which is a necessity for the management of the country. UAE has ample resources as one of the richest countries with OIL money which is wisely and well invested. Abudhabi which is the richest town in the world produces over 3.5 million barrels of oil, which is substantial to a country which has been transformed into the Jewel of Middle East. UAE needs foreign labour for their development and management of the infrastructure and the international nature of business, banking and international affairs for the next few decades. We should be prepared to cater their needs in short and long run as they have full trust and confidence on us on labour supply. The technical colleges and other training centres should be aimed at meeting the demands of labour and it is a requirement to arm the future labour with IT literacy, knowledge on languages and general legal system of the host country.

 

Sponsorship

ƒÆ’-¡ƒ”š‚ 

Middle East labour is based on traditional sponsorship, a continuation of traditional labour recruitment procedure coming down the ladder for centuries. Labour force has limited protection and privileges with no job security except for the employment contracts which needs large sums of money for implementation through litigation in the absence of a legal aid scheme. No free education or heath except for insurance schemes by employers and institutions. Road infrastructure and marketing facilities are of high standard those who can afford and the life is manageable only those who are in reasonably good employment. Despite this difficult way of life labour force in UAE is flourishing increasing the number steadily based on popular demand.

Abu Dhabi Dialogue

This is a project launched to improve the labour movement in UAE with the participation of the Government, ILO, Embassies and other stake holders, which is an ongoing process initiated the first meeting in Colombo and the most recent in Manila, which is an eye-opener in most of the ground braking reforms based on experiences and dialogue with all the participants aiming at maintaining good relations with sponsors, state, labour force and other stakeholders. Most of the current and groundbreaking issues were openly discussed in the presence of the Minister of Labour, who was sensitive and prepared to listen to the grievances and propositions of all the stakeholders. Intervention and guidance of a part of the powerful international organization has given strength and credibility of the exercise and the position of the government and the Ministry of Labour was freely discussed which is un presidential.

Sri Lanka Embassy

The labour unit of the Sri Lanka is unique group acting with direct supervision of the Ambassador on policy and day to day matters. The office procedure is systemized and the staff is experienced efficient and friendly. The Unit maintains cordial relationship with the rest of the staff, and acting on the Embassy Motto ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Loving Kindness to All ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-. Embassy functions on Investment Promotion, Tourism Promotion, Labour Promotion and Image building which are main themes on which the Mission functions in addition to the day to day and tradition commitments. Staff is small but united. Safe house is small but clean. Currently there are only few inmates which is an indication of efficiency of the staff. Labour Unit has launched a scheme to promote 1000 youngsters to recruit in the hospitality sector which is being gradually implemented with no burden to the unit or the Embassy.

Nanasala

First Nanasala overseas is set up in the Embassy with direct participation and involvement of the labour unit as well. It was sponsored by a leading business venture which is a computer and a knowledge hub for the safe house inmates and South Asian Labour Force in the UAE. Nanasala is a concept launched by His Excellency the President in order to improve the IT knowledge of the rural youth. Currently there are 635 NanasalaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s length and breadth of Sri Lanka imparting knowledge of IT literacy. Our Aim is to extend this to each Arabic, English and conduct computer classes ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” especially for the safe House inmates to learn a trade on their return to their villages.

Constitution of the Labour Force in UAE

ƒÆ’-¡ƒ”š‚ It is learned that there are around 300,000 Sri Lankans out of which majority are females in the domestic sector. The conditions in the domestic sector are pathetic and needs short and long-term changes. They are harassed by the employers and controlled by the agents who resell them to new employers. It is urgently needed to reform and restructure their working conditions and legal positions. This is not the case always as the majority are pleasant stories.

International Migration

The article by me on this topic is enclosed for your reference. It deals with migration and connected matters. Labour movement is temporary migration for labour which is happening all over the world. Migrants to the Middle East will not be given permanent residence for long residence but in the West it is different. Generally they are given full immigration rights for a long legal stay of ten years or based on employment. Therefore the temperament and the way of thinking in Middle East residents are different from those in the West. Therefore the pattern of remittances is also vary based on the needs. Rich and affluent parents remit their earnings to the West a saving for themselves and to educate children. Ordinary working class and the domestic sector remits their hard earned savings directly to their loved ones

Family Units and Family Values.

We extremely conscious about the family units and their bonds are being destabilized by mothers on employment leaving children back in Sri Lanka. We also concern about the child abuse an there are concerns that mothers absence is also connected to this unfortunate series of events. It is very timely decision by the Foreign Employment Bureau to discourage mothers with children to go abroad for employment and other measures taken to discourage young girls being recruited.

Improvement upgrades the Knowledge and practical abilities

Steps should be taken to upgrade and improve knowledge on IT, Language and general practice in an domestic and industrial environment. In this context the Philippine females are on higher plane than that of Sri Lankans who are generally, backward and inexperienced. This is an area that has to be improved.

Database scheme by the Sri Lankan Embassy in UAE

There are other modalities requirements and tools for the preparation of future plans for the workers in the Middle East such preparation of a database compilation of statistics and educating the workers in country and the country of origin. To compliment this exercise Sri Lankan Embassy has initiated preparation of database with the assistance of the Sri Lana Mission and the Labour outlets attached to Embassies. The project report of the Embassy is enclosed in this presentation as an annexure.

International Migration

International migration has intensified as a result of fast development of IT and travel. Most countries invite experienced and skilled labour from time to time according to their needs. India is a main provider of IT experts to the world. Followed by Sri Lanka in which IT literacy is fast growing aiming to be 100% in time to come. Currently it is learnt this is around 60%. Over 600 Nenasalsa spread any villages. In Sri Lanka contribute IT literacy with the interest of the population. It is learnt that the majority of the population possess mobile phones and the internet facilities are being widely used, SMS is widely used with TV and Radio projects.

Sri Lankans migrated previously for various purposes. Those who travel to Europe had easy life and ability for settlement due to their flexible emigration rules. In the Middle East it is not easy. How long you stay in whatevercapacity no permanent rights re given as in the West. Top security is not as stable as in the West. Therefore expatriate workers in the Middle East have the mentality to remit their needs promptly and fast back their country of origin. There are instances where their earnings and savings misused by their kiths and kids invested in bad deals.ƒÆ’-¡ƒ”š‚ 

It is time to create an environment to educate the expatriates for savings and investments habits to achieve this we have set up Nenasala in Sri Lankan Embassy for the South Asian expatriates.

Social Security

There is a need for a social security scheme for the expatriate workers in the absence of the former Oman Insurance Scheme. Damman Insurance covers medical only. Even that is limited. For example when there are serious accident and miss-happenings in factories the compensation not paid. Therefore there is a need to address this area either through the Employment Bureau or by discussions with the Ministry of Labour. I think it is ideal to prepare ground work for a MOU with the government in this area. The Indian Embassy has taken constructive measures in this connection.Sri Lankan labour is entitled and deserves an effective insurance scheme to compensate their hard work and the services rendered to the motherland.

Job security

There is no job security to any type of employment. Inn the domestic sector some employers not only harass the victims, they do not pay. There are good stories too where the employers look after the employees and even their families. In the white collar sector too there is no job security at all. In though the payment has been substantial before, the largest trend is either selected employees are sacked, demote, or shifted to subsidiary companies with less pay and facilities. This is done as measures of cost cutting and not due to losses. Banking sector too is the same. Insurance and some system is to be introduced with an insurance scheme for their retirement or premature termination of services. It is learnt these schemes are on the table and scheduled to be introduces soon.

Current Scheme

It is learnt that prospective employee is expected to pay insurance premium at the initial stage out of 75% to the agent part of which is given to the Agent. For example if there are 100,000 employees at a given time, amount collected would be substantial and the same employee returning to UAE again for another reemployment will not get the continuous benefit of the insurance. Insurance Scheme for each employee registered with the Bureau wherever an employee is employed will be a ideal system to be considered as a future measure.

Type of work

There is no uniformity or guarantee of the type of employment. Some are recruited for skills. If they are qualified but they may be employed in low level employment with low salary and also not compatible with the qualifications and experience.

For example some house keepers who are suppose to one family is being shared by many families. There is no limit of the work for the time. There are complaints that they are being fed up with work. In fasting time they have to do work hard. I think some guidelines are suit for them.

There should be line communication for the employees to be touched with the labour officers. There is a proposal ti give them mobile phones at the entry and with the facility only to communicate with the Embassy and other important government establishments. This a facility that the Bureau can extended making use of the funds collected initially.

The domestic sector is not covered by the labour law. It must at least be covered by the general law. When the money is given it should be acknowledged. These are matters that the government to government cannot issue and the latest development ton this sector to publish in Gulf News is encouraging. Gulf News report is enclosed.

There are shady deals by recruitment agencies to smuggle human to Oman. It has become a problem to Embassies and the Labour officers. This matter could be discussed at the discussion time.

Legal contracts

There are non payments of salaries and not payments of agreed sums. There should be a simple method to solve these problems. For example system of issuing receipts. The other issue is the change of contract in assuming duties. Once the employee enters this country the previous agreement entered into is not taken in consideration. They are expected to enter into new contracts or no contracts.

Responsibility of the Agency

The responsibility of the Embassy should run throughoutthe course of employment. Currently the agency is responsible only for 3 months. End of three months the entire responsibility ends and the issues have fallen to the hands of the labour unit. Even after three months some agencies interfere with the employees and employment on complaints made by the employer. Invariable the Agent take the side of the employer and when the Labour Unit is informed or come to know of the incident is has gone too far. Issues in other sectors too are common and similar.

Seven Emirates

UAE consist of seven Emirates Abudhabi, Dubai, Sharahaj, Ajman, Um Alqueen , Rasal Khima and Fujerah, which is a federation with somewhat similar feathers in labour and business dealings. Applicability of laws differs from different Emirates in some circumstances. Abudhabi is Oil Rich whereas Dubai is a non Oil service oriented with special emphasis to tourism. Sri Lanka labour has spread mostly in Dubai and Abudhabi. Abudhabi being the Capital Banks and other multi national and government establishments have recruited while collar ƒÆ’-¡ƒ”š‚ employees, and the condition of the domestic and other sector are better off as the labour unit has opportunity to supervise as the pressure in Abudabi is less when compared to Dubai. Abudabhi thoughƒÆ’-¡ƒ”š‚  rich and the development is controlled whereas Dubai being the business hub and the centre is a hub with lot of potential for the employees with lot of prospective. Other Emirates are not as organized and developed as Abudhabi or Dubai though the issues are somewhat same and similar.

Religion

This issue and the interrelations and carefully managed. Sri Lanka embassy is careful and tolerant, giving facilities for all religions officially and unofficially. All religions and religious functions are observed and assiated with the personal participation of the Ambassador in all majour religious functions. Official Language is Arabic and the government is expects the communications to be in Arabic.

Expatriate Labour consists of Indian, Pakistani, Bangladesh, Philippine, Sri Lankan and of African and other origins. Employees from the Middle East and Africa with knowledge of Arbic are employed in stratergacially important establishments and well placed with an advantages position. Indian, Pakistani and Philliphine labour is more organized and the respective Embassies are active in dealing with the issues and interacting with the Governamnt.

Salary

Sri Lanka white collar job holders are general paid well and has a reputation as hardworking and highly skilled and educated workforce. In the domestic sector too most are reputed to be friendly and hardworking. They need lot of additionalexposure and skills as well as knowledge of language or languages. NanasalƒÆ’-¡ƒ”š‚  at the Embassy is an ambitious programme and the good news is even other embassies too are looking into the avenues of following our example.

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Demanding Sectors

Demanding sectors are numerous. Nurses, X-ray technicians, lab technicians and pharmacists are in demand. Sri Lanka lakes facilities to offer degrees which arerequirements for many demanding jobs, whereas India has institutions offering university degrees. It is time for the bureau to commence dialogues with universities in this regard as opportunities are ample.

Hotel and Hospitality Trade

This is an area to be developed and improved. Sri Lanka employees spread in all the hotel and related industries and in great demand as committed and able worker who are well paid and respected. It is a pleasant sight to interact with them in many diplomatic functions. The programme launched by the embassy to train 1000 youngsters in hotels is gaining grounds. This is a programme launched with the bureau to train Sri Lankan youth in hotel industry with the hotel managements in UAE. Barman, room boys, life guards,Chefs, and those in the sector are in demand. Hotel schools in Sri Lanka and the tourist should be proactive and more active in this sphere.

Other Areas of Work

Engineers, Quantityserveries, Masons, Carpenters,Electricians, Executives,Salesmen,security are few other sector in demand.

Facilities Required to the Labour Unit

Labour unit is in need of essential tools such as cameras, video cameras, and connected instruments for the promotional exercises which will generate employment and ease the tension of the worker

General Problems facing by workers

Nonpayment of salaries ,Nonpayment of agreed salaries, Not providingƒÆ’-¡ƒ”š‚  agreed facilities,

ƒÆ’-¡ƒ”š‚ Not providing agreed job

, This often takes place. Qualified and skilled labour recruited for particular jobs are taken for odd jobs. They are frustrated, humiliated and helpless. This is as a result of sending them without proper security and job evaluation. Strict guidelines and stringent vetting procedure is required.

Physical and harassment, Sexual harassment Assaults IllTreatment, Sickness Absconding,Unbearable situation,Misunderstandings,Heavy works,Problems created by the Employees,Excessive drinking, Fighting Theft,Misconduct Drugs, traffickingUn willing to workingcompetence of the jobAgenciesExorbitantƒÆ’-¡ƒ”š‚  recruitment charges,Misleading the workers by giving them fouls information, Such as working conditions bond, salaries and extra benefits,Not giving proper picture of the work placeSponsors, NoncomplianceƒÆ’-¡ƒ”š‚  the contract Illegal transfer of housemaid between UAE and Oman are perennial problems and issues the Labor suit is often confronted with.

UAE Labour Law,

Labour Law covers all private sector employments These Laws do not apply to domestic sector. Gulf news report and the deliberations at the Abu Dhabi Dialogue are encouraging steps in the right direction.

Free Trade Zone

EmployeesDomestic categories is administered by Department of Immigration Employees in the Free Trade Zone are subject to the rules an regulation of the free ZoneNo minimum wage has been stipulated by LawCreating employmentApproval from the Ministry of LabourEmployer has to arrange Visa, Medical test etcEmployee should get the medical test in Sri Lanka approved by UAE government.Employed should enter the country within 30 days from the date of issue visaResidence visa has to be arranged within 60 days Contract period Domestic categoriesSponsorshipSponsors is solely responsible for the employee Change of sponsorship with consent of present employer When changing the sponsorship payments should be borne by the new employerTo charge employer has to work for a minimum period.The minister has the right to transfer Sponsorship The Labour Minister can allow conditionals transfers Special benefits for workers No restriction an remittance of salary The country allow 100% remittance without any taxesWorking time in confined during the hot seasonSuggestionsEncourage more professional and technicalƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s personals than unskilled and Labour grade employment Awareness campaign Discussion between two governments Grade the local Agencies depending on their quality and quantity of output Cancel the license of those reported for serious malpractices.

Remittances

UAE work force promptly transfers the funds to the country of origin through organized exchanges, having links with Sri Lanka and UAE Banks. Remittances are high in the domestic and less income earners, whereas the salaries of high salary earners are not been remitted to Sri Lank as promptly and readily as others. This is an area to be looked into as the amount is substantial and this is an Ares which could be corrected. If there arefacilities for the parents to educate their children in Sri Lank and avenues to invest their hard earned money, they will consider remitting funds to the motherland.

Overview and Way forward

ƒÆ’-¡ƒ”š‚ Working conditions and the framework of the Sri Lankan Employees employed in the UAE in various fields are extremely satisfactory.Compared to other Middle countries the working force in UAE is more fortunate and enjoys better facilities legally and otherwise. Human Right Call is somewhat active and the attitude of the ministry of Labour in UAE is fast changing for good due to intersection of international organizations and the friendly approach of the diplomats in all relevant embassies. The hard work of the Indian, Pakistan, Bangladeshi, and Philippine Embassies and ambassadors in the UAE ƒÆ’-¡ƒ”š‚ are fondly appreciable and Sri Lanka ambassador and embassy id closely monitoring and working hand in hand with colleges. The participation of 60 ambassadors out of 80 for Sri Lankan Independent Celebrations is a reflection of our good will and quiet diplomacy with and towards other diplomats.

This is the best era form changes when the government and the rulers are in a mood to a change. Gulf news report on proposed changes for domestic in an indication, for more drastic changes in the right directions in favors of the migrant labour. The Ambassadors gathered had the opportunity to exchange notes and experiences of their hard work on the implementation of the duties in the future with new vigour and strength based on experience and hard work.