The Migrant IssueDepartures for Foreign Employment

The Migrant IssueThere are two major groups of migrant

workers:

1. Those leaving Sri Lanka to work in other countries

2. Those leaving other countries to work in Sri Lanka

Departures for Foreign EmploymentEmployment 2009

Number Percent

2010Number Percent

2011Number Percent

By Gender:

Male 119,381 48.3 136,850

51.2 135,870

51.7

Female 127,745 51.7 130,657

48.8 127,090

48.3

By Manpower Category:

Professional 2,832 1.1 3,057 1.1 3,835 1.5

Middle Level 6,388 2.6 6,884 2.6 6,106 2.3

Clerical and Related

6,719 2.7 7,923 3.0 9,888 3.8

Skilled Labour 61,321 24.8 71,537 26.7 67,703 25.7

Semi Skilled Labour

6,015 2.4 4,932 1.8 4,169 1.6

Unskilled Labour

50,173 20.3 60,422 22.6 63,443 24.1

Housemaid 113,678 46.0 112,752

42.1 107,816

41.0

Departures for Foreign Employment - HousemaidsMost departures for foreign employment

consist of housemaidsThe percentage of housemaids has decreased

substantially in relation to the past (from 46.0% in 2009 to 41.0% in 2011)

Instead there has been noticeable growth in the percentage of professionals and clerical and related worker categories

While this is an improvement, housemaids continue to be the largest category and therefore they must be protected

Departure for Foreign Employment - WomenMany women leave to obtain foreign

employment48.3% of women and a male to female ratio of

52:48 in 2011 This is a decrease from 2009 when 51.7% of

departures consisted of womenMost women who leave to obtain foreign

employment are housemaids

Departure for Foreign Employment – the Middle EastMost leave Sri Lanka to work in the Middle

Eastern regionThe Middle East absorbed more than 90% of

the departures for foreign employment Mainly consisted of housemaids

Of the Middle East region, Saudi Arabia, Qatar, Kuwait, and U.A.E. accounted for 80.3% of total departures for foreign employment in 2011

Sri Lanka and Migrant WorkersForeign employment is an important and

stable source of foreign currency inflows to Sri Lanka Total foreign remittances received from

migrant workers in 2011 increased by 25.0% ($5145 million USD) This does not account for the total country inflows

that occur through informal channelsAdditional steps taken to enhance welfare and

protection of migrant workers would make foreign employment even more attractive, which would most likely result in a further increase in Sri Lanka’s foreign exchange earnings

Sri Lanka and Migrant Workers ProtectionThe country has currently ratified the 1990 United Nations

Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families For easy reference http://www2.ohchr.org/english/law/cmw.htm

The Ministry of Foreign Employment Promotion and Welfare formulated the National Labour Migration Policy for Sri Lanka supported by the ILO in 2008 For easy reference

http://www.ilo.org/public/english/protection/migrant/download/mpolicy_srilanka_en.pdf

Aims to promote opportunities for all Sri Lankan men and women to engage in migration for decent and productive employment, under conditions of freedom, equality, security and human dignity

Why we need to ratify C.189 of the Convention on Decent Work for Domestic Workers (ILO Convention No. 189)Both policies cover general and basic rights for

Migrant workers; however many of the unskilled workers and housemaids tend to face additional problems that are not covered by these policiesAs such there is a great need for further protection of

this grouphttp://www.ilo.org/dyn/normlex/en/f?

p=1000:12100:0::NO::P12100_INSTRUMENT_ID:2551460

The ILO’s Convention No. 189 on Decent Work for Domestic Workers (C 189) addresses the struggles faced by domestic workers and serves to protect their rights

Definitions Relating to Domestic WorkersWhat does “domestic work” mean?

“Work performed in for a household or households”

Who is a “domestic worker”?“any persons engaged in domestic work within an

employment relationship”

Who is not a domestic worker:“a person who performs domestic work only

occasionally or sporadically and not on an occupational basis”

Scope of the Convention on Decent Work for Domestic Workers (C.189)All domestic workers

Under strict conditions, possible exclusions:

1. Workers with higher or equivalent protection

2. Workers in respect to which application of Convention’s provisions poses serious problems

Problems faced by Domestic Workers Minimum Wage

Domestic work is one of the lowest paid occupations Under valuation of domestic work Wage discrimination based on sex

Means and Modalities of Payment Payments are being given at irregular intervals and not on time

Occupational Safety Lack of safe and healthy environment

Social Security Private an public security is not guaranteed Specific risks and other issues

Privacy No weekly rest given

Decent Work Hours of work

Domestic workers must often work for 24 consecutive hours Lack of access to justice

Key Principles for Domestic Workers of C. 189

Decent living conditions respecting worker’s privacy

Freedom to reach agreement on live-in requirement

No obligation to remain in household during daily an weekly rest, annual leave

Right to keep personal documentsAccess to third-party assistance and effective

protection in case of dispute or abuse

Dispute Settlement MechanismsEnsuring effective access for domestic

workers to courts, tribunals or other dispute settlement mechanisms

By themselves or through a representative

Under conditions not less favourable than those available to other workers

Importance of RatificationTo minimize the problems faced by domestic

workersTo protect the basic rights of domestic

workers Effective promotion and protection of the

human rights of all domestic workers Provide measures to ensure fair terms of

employment and decent working and living conditions

More Information Regarding Domestic WorkersThe texts of Convention No. 189 and

Recommendation No. 201

Policy briefs, studies and research on domestic work

ILO activities to promote decent work for domestic workers

www.ilo.org/domesticworkers