Uphold Women's Rights to Development and Fundamental Freedom!
MFA Statement on new Sri Lankan legislation
Hon. (Mrs.) Sumedha G Jayasena , MP
Minister of Child Development and Women's Empowerment
177, Nawala Road, Narahenpita, Colombo 05
Tel : 94-11-2505584, 2505585 Fax: 94-11-2369294, 2506730
E-mail: mwa@sltnet.lk
Copy to:
Hon. Amarasiri Dodangoda , MP
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12.
Tel: 94-11-2323022
Fax: 94-11-2320785
E-mail: Secmoj@srilanka.net
Web: www.justiceministry.gov.lk
Hon. Athauda Senaviratne , MP
Minister of Labour Relations and Manpower
2nd Floor, Labour Secretariat,
Narahenpita, Colombo 05,
Sri Lanka.
Tel: 94-11-2581149, 2581143, 269373
Fax: 94-11-2588950
Hon. Keheliya Rambukwelle, MP
Ministry of Foreign Employment Promotion and Welfare
Hon. Rohitha Bogollagama, MP
Ministry of Foreign Affairs
The Migrant Forum in Asia (MFA), a network of more than 290 migrant organizations, migrants rights advocates and trade unions from 14 countries in Asia is very much alarmed about the Sri Lankan Government's recent ban on women from migrating for work. We believe that the ban violates women's rights to freedom of mobility development and employment.
On the 7th of March 2007 the Sri Lanka Government approved a memorandum presented by the Minister for Women Empowerment and Child Welfare to ban women with children under 5 years of age from migrating for work. The regulation also required mothers with children aged 5 or older to obtain approval from a government committee, after submitting proof that they can provide appropriate caretakers for their children, before migrating for work.
The initiative for the ban came from the minister for child development and women's empowerment, Sumedha G. Jayasena, who said in a statement that the government was taking steps to restrict the migration of Sri Lankan mothers "into foreign employment, as a means of ensuring the welfare of their children." The Sri Lanka Foreign Employment Bureau (SLFEB) backed the move saying it should have been done a long time ago.
Women from Sri Lanka migrate for various reasons, the biggest factor among them poverty. Statistics show that Sri Lanka has more women migrant workers than men. The Sri Lanka Bureau of Foreign Employment Reports that in 2005 out of the total number of departures for foreign employment, 59% were women. Migrant workers contribute to the economic growth of the country with migrant remittances amounting to US$ 2.2 billion in 2006, representing Sri Lanka's highest form of foreign-exchange earnings and equivalent to over 9% of the country's gross domestic product.
The recent ban on women migrant workers affects several categories of women like domestic workers, garment workers, cleaners service workers, clerical and related workers and other health workers. The ban does not address the reasons why Sri Lankan women migrate namely: poverty, lack of jobs and the lack of economic opportunities in the country of origin. Furthermore, restricting women's mobility will not address the social cost of migration will not ensure the rights and well being of children. Restriction can further lead to clandestine immigration and the trafficking of women, putting women's lives at risk.
The Article 13 of Universal Declaration of Human Rights states that Every person has the right to freedom of movement and residence within the borders of each state and that everyone has the right to leave any country, including his or her own and to return to his or her country. As a member of the United nations, we would like to remind Sri Lanka of its obligation to protect and promote women's right to freedom of mobility.
The ban also discriminates against women's freedom of mobility, right to development and right to work. Sri Lanka has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Article 3 of CEDAW states that Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
Furthermore under Article 11 of CEDAW states that States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular as stated in sections A-C:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;
We would also like to remind Sri Lanka that under Article 16 of CEDAW pertaining to marriage and family it states that: States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women as stated in section F:
(f) the same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount.
Sri Lanka has obligations to protect its citizens from discrimination as stated in article 12 of its Constitution: No citizen my be discriminated on the basis of sex.
We strongly urge the Sri Lankan Government to stop the ban on women migrating for work and call on the Sri Lankan Government to:
- Ensure women's right to freedom of mobility and freedom to choose her employment;
- Develop programs to better prepare the migrants and their families—emotionally, and psychologically-- for their eventual separation for an indefinite period of time
- Provide social care and other support services for families of migrants who are left behind –all families of migrant who are left behind need these; not only those with women migrants;
- Implement strong policies that will promote and generate local decent employment for women in Sri Lanka making migration an option and not a means to survive and
- Specifically for the ministry of child development and women empowerment to promote and develop programs that raise awareness on shared parenting and child rearing among parents;
- Develop specific programmes for fathers and caregivers of the children of migrant women taking into account their respective needs in child care and family management.
We also urge the Ministry of Foreign Employment Promotion and welfare and the Ministry of Child Development and Women Empowerment to convene as soon as possible a dialogue and consultation with concerned civil society organizations, women and migrants rights advocates and migrant workers.
Migrant Forum in Asia
Secretariat Address:
59 B Malumanay St. Teachers Village
Diliman, Quezon City Philippines
Tel no: (632) 4333505
Telefax (632) 4331292
E-mail: mfa@pacific.net.hk
Website: www.mfasia.org
http://southasia.oneworld.net/article/view/147133/1/1893
Ibid
http://peacejournalism.com/ReadArticle.asp?ArticleID=17583
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