Detention by SLBFE ! Do they have Right to Arrest People ?

A Weekend Column for Migrants Workers
By G.S.L.J.S.Dias -AAL



My own experience can be a good beginning for this column. I used to work for an INGO in an Asian country and for many years I was not called to pay the Migrants levy at the Airport, in many occassions i was in good attire and therefore I was free to travel without checked by the SLBFE officials. One day in 2006 when I traveled with my mother they stopped me and asked my Levy and stamp by SLBFE. It went to nearly 30 minutes with arguments an counter arguments with SLBFE as they don’t have clear idea on under what category I can be charged. As I work for INGO, they didn’t had any clue on my category further there was no gazette notification displayed at the counters in this regard , neither they had it in their files. Since my feeble mother is waiting for me at the lobby I decided to pay basic amount and finally I agreed to pay 3500/= which is the lowest levy available and I attached a protest note to the authorities. I have been able to argue, question and challenge as I am a Lawyer, but a poor persons comes to Colombo for the first time may surrender them selves as they think this is the law of the country.

I made an official complain to the Airport authority seeking their explanation on what grounds they have allowed outside parties to maintain legal rights that only permitted to Civil Aviation Authority. The reply from the airport aviation authority informed me that the Airport Aviation Authority, authorized the presence of SLBFE at the airport but silent on the unlawful arrest and detentions. Civil Aviation Authority had no legal rights to deligate the Right of Detention or arrest to unlawful parties in this case SLBFE within the Airport. It’s not mentioned in the Civil Aviation laws neither SLBFE act. Specially to conduct it as general daily routine. We Sri Lankans believe and adhered only to the Rule of Law but not to any other powers.

Since then I used to question the presence of SLBFE officials at the airport and inquire about their legality of stop people ,question and prevent them moving. According to the Sri Lankan Law except for those who permitted to maintained law and order others cannot take any one in to custody unless an irreparable destruction happening. Prevention of movement at the Airport is a clear obstruction of freedom of movement and an unlawful arrest as described in the Sri Lankan Law. Therefore what’s happening at the Airport is an unlawful arrest and obstructing the freedom of movement. Other than Law enforcing Authorities Immigration is authorised to prevent Persons leaving the country. Even though its also questionable at least its legal. These days there are various Law enforcing officers are waiting at the Airport to prevent suspected persons leaving country. They also have authority to do so even though its also questionable.

Freedom of movement is guaranteed as a fundamental Right by the Sri Lankan Constitution. Therefore SLBFE act is a violation of Sri Lankan Constitution as well as continue to do so without a proper authority is an unlwfull act. I have received many complains form various parties that many migrant workers have been stopped at the Airport by the officials of the SLBFE and send them back as some of these people doesn’t have money to pay the levy. Some people were asked to pay even more than Rs.10,000 and some poor villages pawned their jewelries for unreasonable amounts to pay this levy. An official working inside the airport told me that one of his relations faced the same situations and he has witnessed many such unfortunate situations. According to the act all the persons are legally bound to pay the levy. But there is no legal authority to these unauthorized people (SLBFE Staff)to stop any one at the airport or detain or obstruct movement of people which is guaranteed by the constitution. There isn’t any clause that permitted officers or a person of SLBFE is permitted to obstruct people at the Air port or arrest or detain them.
I request all those who travel through Colombo Airport to go through the SLBFE counter and ask their legality and question their presenace at every point and ask themto show their authorisation documents.As Legitimate citizens of this country we can question and we have that Right.

I was not prevented by SLBFE for many years but suddenly checked as I was not in rich attire on the said day. So the rational for SLBFE is they obstruct only he poor and they don’t stop any good looking people. They don’t have systems that insist all Sri Lankans departure from Sri Lanka is compulsory to go through their check point at the Airport. I have seen many well dressed migrant workers are leavening the country with out any levy and without checked by SLBFE at the Airport. The unequal and discriminatory nature of checking must come to a holt and SLBFE needs to get the sanctions from the Sri Lankan Legislative for such action where Civil society can challenge before they enact, if the try to bring discriminatory laws.

By using this kind of screening they do violate another FR which is the Right to equal treatment. What SLBFE can argue will be they are not a state body but a company. My argument is then we can still challenge them on the basis that they have no authority to operate at the airport and unless state allowed them to operate, then the relevant ministry is violating the above Rights and by that they are violating our Rights.

Non benefiting Payment

Under the Sri Lanka Bureau of Foreign Employment Act No. 21 of 1985, it is a legal requirement for all workers leaving Sri Lanka for overseas employment to be registered with the Sri Lanka Bureau of Foreign Employment (SLBFE) prior to departure. The annual turn over of SLBFE will be Over 800 Million from the registered Migrant workers if we take 200,000 Departures per year and levy at a minimum rate of 4000. The numbers are higher than that and fees are also higher. The SLBFE other earnings such as License fees, fines etc will bring much higher additional revenue generation. SLBFE is a profit making company manage by the government and mainly maintained by the poor Migrant workers from their hard earn money. It’s their money as each migrant worker registered at the SLBFE pays levy between 3500- 12,000 or more based on their country and job.

Officially over 1.7 million people are working overseas at present. 80% of these placement have been to the middle -east mainly to Saudi Arabia, Kuwait, Qatar and the UAE. Out of these Saudi Arabia accounted for 33% of the market. Almost 95% of labour to Saudi Arabia has been as House-maids. There can be 250,000 others working as undocumented workers and those who unregistered at the SLBFE including direct hiring and various others.
In 2007 Rs. 276,814 Million received as foreign remittances by private parties against 35.75% of the total exports this is the second largest revenue generator in the Sri Lankan export sector. The government and their various other actors are highly benefiting by this remittances. Almost all banks involved in remittance business earns substantial amount of their income through the foreign remittance by the migrant workers. With all "Mahinda Chinthana" Says: that “Open new avenues for skilled labour in fields such as nursing, shipping, computer science , etc., to secure foreign employment. An English medium nursing college will be established, which is aimed at fulfilling the growing demand for nurses in European countries. Welfare projects will be introduced ay village level for the benefit of the children of those who are employed abroad. Special arrangements will be made to protect the female expatriate workers. Special housing loan schemes will be arranged through state and private banks, with a 30% contribution being made by the Government through a suitable mechanism.
A pension Scheme will be introduced for those who are employed abroad.
The duty free allowance presently available for returnees from employment abroad will be increased to US$ 5,000. Laws will be amended to allow the use of this facility during the first 6 months from date of returning to Sri Lanka.”
SLBFE web site says that the Bureau offer various services and benefits to the workers even though its questionable as the recipient are bare minimum and deaths and other disabilities comes as below;
Natural Deaths 2006- 100 male 72 female total 172 , 2007 – 112 male 87 female total 199
Accidental deaths 2006- 59 male 18 female total 77, 2007 – 48 male 18 female total 66
Suicide deaths 2006- 3 male 4 female total 7, 2007 – 3 male 6 female total 9
Static’s indicate that annually there can be maximum of 100 deaths comes under the compensation SLBFE schemes and these compensation will not exceed 30 million per year and disabilities compensations will be less than the above amount. What ever way the total welfare that migrants receive will be less than 100 million that includes grade 5 scholarships, and other offers. Most of the other benefits offered by the SLBFE are loans which they agreed with state banks. Even the death compensation are paid by the Sri Lanka insurance company which lamented that the amount paid by the SLBFE is not sufficient and they need to increase the amount. This reveals that even the death compensation are on an insurance scheme where SLBFE doesn’t directly pay the compensation.
The question comes then , where does the money that poor migrant workers pay will be utilize? This column will be email to the SLBFE and more than 20 of its officers and the ministry as well as to the minister. They should come out with the utilization details if it’s positive than what I propose. Also this is posted to many other Rights Organizations and international bodies for their information.
My argument is that

1) Firstly the levy doesn’t serve to the Sri Lankan migrant community and it’s a eye wash and money grab.
2) Secondly the levy shouldn’t use as a point to prevent people leave the country but can be taken as voluntary or non compulsory manner.
3) If levy is compulsory as it says in the act then the benefits must be more substantial and transparence and accountability need to be increase.
4) There is a basic principle in the law says that no one can become rich through other people money. SLBFE is a company and they have no rights become rich but to serve.
5) The other question is that under which jurisdiction that air port authority authorized private company (SLBFE) to run a detention facilities and jurisdiction of arrest passengers comes to airport.

This is a serious situation that Migrant Rights Organizations, Agencies, Lawyers and International institution must deal with the Sri Lankan Government who is a signatory for the International Covenant for Migrant Workers as well as Bound by Fundamental Rights of the Constitution.

Explosive corruption and fraud in SL Embassy in Korea

Lanka-e-News 30.Aug.5.30PM) Who is the Minister who appointed a local without a visa in Korea after six months illicit stay and was to be deported by the Korean Immigration and emigration Dept., as a welfare officer in the SL Embassy?

This individual who was to be deported for this wrongdoing with a five year ban disallowing him entry to the country was appointed as a welfare officer on forged identity card and passport.

This individual who has no proper knowledge of English, Sinhala or Tamil is from Kandy District and his name is Mohomed Suhaib. After discovering that his educational certificates were forged following an investigation by the Foreign employment Bureau , he was forwarded a letter to send a reply within 7 days , so far there has been no reply received.

Besides, despite this officer’s term having ended and is called back to the country, the Ambassador in Korea has extended his term by a further three months. Although a new Officer has been appointed in place of Suhaib as far back as in April, the Ambassador is holding back the new appointment, it is reported.

In another disgraceful incident, Thushara Perera , a labor officer in the SL High Commission has collected the compensation of Rs. Five million due to an employee who died ,by forwarding forged documents and fraudulently presenting his sister as that of the deceased. 'Lanka E News' highlighted this in November 2008. Consequently, after the discovery that Thushara Perera’s certificates were forged and the compensation fraud was proved , his official passport and his Embassy appointment were cancelled.

Meanwhile, Ambassador Asitha Perera had requested an extension of two months for Thushara Perera’s service pending his replacement , and got him a re validation for his official passport for a similar period. Taking advantage of this relief, Thushara has fled to England illicitly. As a result, the investigations which were on against him has come to a halt.

The letter appended confirms the request made by the Ambassador Asitha Perera requesting the extension of Thushara Perera’s term by two months and re validation of his passport too for two months.

Strengthening Island-wide Administrative Network for the Development of Foreign Employment Industry in Sri Lanka

Friday, 07 August 2009
Despite the fact that women as domestic workers have earned billions of dollars, their employment abroad has created a social degeneration in the country.
It is important to build-up a work-force covering all Divisional Secretarial Divisions in Sri Lanka who will be responsible for the promotion development, protection and Welfare of migrant workers. Considering the fact that the Returned and Retained migrant workers as well as foreign job seekers scattered all over the country, there should be a strong network to launch administrative and development activities in the village level.
Within this context the Ministry of Foreign Employment Promotion and Welfare as well as Sri Lanka Bureau of Foreign Employment can manipulate the proposed development officers to implement their promotional and welfare activities in efficient and effective manner.
With the approval of Ministry of Public Administration and Home Affairs and the cooperation extended by Government Agents, Divisional Secretaries, we already identified the development officers for all Divisional Secretarial Divisions in Sri Lanka.
Objectives:
1. To provide opportunity to the Sri Lanka Bureau of Foreign Employment to make use of Human Resource in Divisional Secretarial Divisions level.
2. To build up island wide strong network for the development of labour migration.
3. To provide opportunities to implement promotional, protectional and Welfare activities including the implementation of National Labour Migration policy for Sri Lanka with the patronage of existing Administrative Mechanism in this Country.
4. To make use of the work –force to conduct surveys, researches and other kind of special projects, periodically identified by the Bureau and the Ministry.
5. To collect data regarding the returned and retained migrant workers and their families to make policy decisions and to implement welfare activities.
Activities
1. Identification of development officers for all Divisional Secretariat Divisions in Sri Lanka through Divisional Secretaries and Government Agents.
2. Organization of district wise awareness programs.
3. Implementation of awareness programs through Sri Lanka Bureau of Foreign Employment.
4. Handing over job task/job description to the development officers.
5. Monitoring and Evaluation.

500 Lankan families returned from India last month

Around 500 families have flown back to Sri Lanka from India in the last one month, Vadivel Krishnamoorthy, Sri Lankan Deputy High Commissioner in Southern India said on Friday adding that this was opposed to just 20 families who had returned the previous month.
In his first interaction with the reporters, after assuming charge as Deputy High Commissioner, Mr. Krishnamoorthy explained the various welfare measures initiated by the Sri Lankan government in the North and North Eastern Provinces after the end of civil war.
“The fear factor has been removed. People are being treated equally irrespective of their ethnic background. The new Sri Lanka provides a favourable climate for investment. July 2009 alone witnessed 45.2 per cent increase in the number of tourist arrivals to the island from India. About 500 families have flown back to the island in the last one month against 20 families in the previous month,” he said.
Addressing the members of India-ASEAN-Sri Lanka Chamber of Commerce and Industry, he urged the Indian businessmen to make good use of the favourable investment climate for mutual benefit. “Though the bilateral trade between India and Sri Lanka has grown from $0.5 billion to $3.2 billion in 2008, we are yet to touch the real potential. It can be scaled up since the fear factor has been removed. I am here to have long standing partnership with trade and business community,” he added.
In his welcome address, Chamber president C.S. Muthu Subramaniyan said: “Recent developments in Sri Lanka provide enormous growth opportunity for development. Trade and investment opportunities are on the rise and Indian real estate companies have started exploring opportunities in the island.” (Hindu)

Two Lankans contract swine flu in Kuwait

The Sri Lankan Embassy in Kuwait has informed the Foreign Employment Bureau that two Sri Lankan women working in Kuwait has been identified to be infected with the H1N1 virus or Swine Flu.
The Additional General Manager of the Foreign Employment Bureau, L K Rhunuge said that it was confirmed that the two female employees have been infected. The two women are now being treated at a hospital in Kuwait, while 13 other associates of the two have also been taken in for tests, to confirm whether they are infected with the virus as well, he said. The exact details of the two Sri Lankans have not yet been revealed said the Additional General Manager.
(Lankapuwath)

New regulations enacted to protect domestic helpers

By Hani Hazaimeh
AMMAN - Religious freedom, healthcare, 10-hour workdays and one day off per week are among the benefits domestic helpers are entitled to under instructions endorsed by the Cabinet on Tuesday.
The new regulation, aimed to protect the rights of domestic workers, corresponds to a recent amendment to the Labour Law under which domestic helpers and agricultural workers are included, Labour Minister Ghazi Shbeikat said in a meeting with reporters earlier this week.
"The new instruction will help address several problems that used to appear in the past and will also protect workers’ rights in accordance with international human rights standards," Shbeikat said.
To implement the new standards, the ministry will form an ad hoc committee, the Non-Jordanian Domestic Helpers Affairs Committee, comprising representatives from the ministry, the Domestic Helpers Agencies Association and the Public Security Department, the minister said.
Under the new regulations, which will be put into effect after being published in the Official Gazette, employers are required to pay for the domestic helper’s work permit and the issuance of a residency permit.
The worker is entitled to be in contact with her family in her homeland at least once a month at the employer's expense, as well as a decent living situation and freedom to practise her own religion.
When travelling abroad temporarily, employers cannot bring their domestic helpers without their approval and will have to notify the worker's relevant embassy in the Kingdom, according to the regulations.
Moreover, workers are entitled to a 14-day paid annual leave, with the timing agreed between the employer and the worker, in addition to 14 days of paid sick leave per year.
Additionally, employers are not allowed to send their domestic helpers to work in other people's homes.
In return, according to the regulations, domestic helpers must do their job with “utmost integrity and faithfulness, respect the privacy of their workplace and maintain its contents, not reveal the secrets of the house, respect the employer's traditions and culture, and not leave the house without the employer's permission”.
If a domestic helper runs away from her workplace, the employer will not be obligated to fulfil any financial obligations to the worker, nor will the employer bear the expense of sending the domestic helper back to her country.
In case of any complaints reported to the Labour Ministry, the regulations authorise the ministry to dispatch a male and female inspector to the domestic helper's workplace after obtaining the employer’s approval.
If the ministry's inspectors find the employer in violation of the ministry's regulations, the employer will be issued a warning and required to resolve the violation within one week, after which he will be subject to measures stipulated by the Labour Law.

Lifting of ban on OFW deployment in Lebanon hangs

Thousands of aspiring Filipino contract workers may have to wait for a few more months for the government to lift the deployment ban to Lebanon as negotiations between the Philippines and Lebanon on a memorandum of agreement (MoA) that would govern the deployment of the workers to the Middle East state has been stalled since July.
Lebanese Honorary Consul to the Philippines Consul General Joseph Assad said negotiations on the matter can not resume because the new government of Prime Minister Saad Hariri has been unable to form a new Cabinet since the June 7 elections in Lebanon.
"The country is waiting for new administration officials (to be chosen). Until then and till they appoint a new labor minister, the Lebanon-Philippines talks will be put in the backburner as other priorities on the labor front will have to be tackled initially by the new (Lebanese) government," Assaid said.
He said thousands of skilled positions for construction, tourism, service and hospitality categories await qualified overseas Filipino workers (OFW) as the building boom continues unabated with the return of political stability in Lebanon.
Manila issued the OFW deployment ban to Lebanon in 2006 following the outbreak of hostilities between Israeli and Hezbollah forces.
There are about 400,000 household service workers in Lebanon, 10 percent of this figure are Filipinos.
Presently, there are more than 46,000 maids in Lebanon in addition to the 25,000 who opted to remain in Beirut during the 2006 war with Israel.
The 46,000 managed to slip into Lebanon from July 2006 to December 2008 and many more have arrived this year, Assad said.
He said he has yet to receive word from Lebanon on the composition and the date of the arrival of the new panel that will negotiate for the MoA in the Philippines.
Earlier, the Lebanese government rejected the Philippines’ demand for a $400 a month minimum salary for household domestic helpers.
The current minimum salary for maids in Lebanon is $300 a month, and until that is amended by the Lebanese parliament, Beirut could not agree to the MoA, Assad said.
Michaela P. del Callar

Medical Check for Returning Workers Mandatory in Ajman

26 August 2009
AJMAN — Ajman Municipality has made it mandatory for all its workers returning from vacation to undergo a free medical check up to ensure health safety in the emirate and prevent swine flu (H1N1).
It is part of a number of several measures that the municipality officials are taking.
Khaled Abdul Wahab, Head of the Human Resource section at the Municipality, said that the instruction was made by Shaikh Rashid bin Humaid Al Nuiami, Chairman of Ajman Department of Municipality and Planning (ADMP) aimed at providing comprehensive medical examinations and treatment to ensure health safety.
He added the examination and treatment services at Ajman Specialty Hospital for more than 2,000 workers will be financed by ADMP. Director of human resources at the Department Khaled Abdul Wahab said that Dar Al Ber Society will provide the workers with three Iftar meals a week during the holy month of Ramadan.

42 Illegals Nabbed in Sharjah Crackdown

25 August 2009
SHARJAH — The Sharjah Department of Naturalisation and Residency has nabbed 42 violators of the federal law for entry and residency of foreigners. Director of the Department Colonel Dr Abdullah Sahowa said.
The illegal residents were apprehended during a crackdown conducted by the Foreigners and Violators’ Follow up Section on the Industrial
zone No 1.
“Of them, 14 were infiltrators, including seven who were already
deported, and 28 illegal residents,”
he said.
Dr Abdullah Sahowa affirmed that the massive inspection campaigns that has been undertaken against infiltrators or residents who had overstayed would continue unabated to arrest those violators and bring them to justice as part of the Ministry of Interior’s drive to combat unlawful residency in the country. — Wam

Code 72 expats now allowed to transfer sponsor

KUWAIT CITY, Aug 24: The Ministry of Social Affairs and Labor has issued a decision allowing expatriates with files under code 72 to transfer their residence permits to another sponsor, reports Al-Shahid daily quoting sources. Sources explained the ministry puts files of companies under code 72 if the owners allow their employees to work for another sponsor.
Sources said expatriate employees under this code had previously not been allowed to transfer to another sponsor and were deported to their home countries. Sources added tens of thousands of files had been put under code 72. A large number of firms of these sponsors have been closed. Sources believe that most of such firms belong to visa traders who sell the visas allotted to them and then allow the visa holders to work with other firms.

Immigrant stabbed by trafficker

Arab News

JAZAN: A disagreement between a human trafficker and his clients seeking illegal entry into Saudi Arabia ended with one of the migrants being stabbed by the smuggler, a local daily reported.
The man was commissioned to deliver the unreported number of migrants from Jazan at the border with Yemen to Abha. The man reportedly tried to deceive the migrants by dropping them in a village halfway between the two cities, claiming it was Abha.
The fight broke out when the migrants refused to pay the trafficker unless he took them the rest of the way. The stabbed man was reportedly in critical condition.

People with HIV need help

Halima Muzafar | Al-Watan

People who are HIV positive or have AIDS patiently wait for donations to help them obtain medicines. They have become a demographic that we can no longer ignore. Some of these patients are victims, like little Sara who was featured prominently in the press recently.
Some are born with HIV. They did not get the virus through illegitimate relationships; they inherited the virus from women who contracted it from their infected husbands. Others were given the virus through dirty blood transfusions or other medical mistakes.
Society to Aid AIDS Patients Chairman Dr. Sanaa Filimban told me her group is in charge of 150 poor Saudi families in Makkah province who have at least one HIV positive family member. She said the society is unable to provide assistance to 45 poor Saudi families because there are not enough donors willing to support this cause.
The sufferings of these families are on the rise because patients with AIDS are unable to get jobs, which would help them buy medicines that could cost as much as SR10,000 a month.
Job discrimination against people with HIV is common.
Our health security is jeopardized when we are unable to provide medical, social and psychological treatment for people with HIV.
These people are in dire need of financial help. This can be done just by becoming a member of the society for an annual fee of SR300. This is a small amount of money for the good it can do. The society can be contacted at 02-658-1666.