Indian Prime Minister Narendra Modi and Sri Lankan President Gotabaya Rajapaksa. Credit: V.V. Krishnan, the Hindu

By Prasad Kariyawasam
COLOMBO, Sri Lanka, Jul 31 2020 (IPS)

The unique India-Sri Lanka relationship, de jure, is between equals as sovereign nations. But it’s asymmetric in terms of geographic size, population, military and economic power, on the one hand, and social indicators and geographical location, on the other. It is steeped in myth and legend, and influenced by religious, cultural and social affinities.

This is an opportune time for Sri Lanka and India to nourish the roots of the relationship using modern toolkits, but leveraging age-old wisdom and experience.

Historical ties

History reveals that the advent of Buddhism to Sri Lanka during the time of Emperor Ashoka was the result of cross-border discourse. For many centuries in the first millennia, the ancient capital city of Anuradhapura housed an international community which included traders from India, China, Rome, Arabia and Persia.

Later, Buddhist monks from Sri Lanka travelled to India, China, Cambodia and Java leaving behind inscriptions. Buddhist temples in Sri Lanka, to this day, contain shrines for Hindu deities. The colonial expansion of European maritime nations reshaped the Sri Lankan economy. Labour from south India was brought to Sri Lanka to work in plantations.

The Indian freedom struggle had its influence on Sri Lanka as well. There was cross-border support for the revival of culture, tradition, local languages, spiritual practices and philosophies, and education. Both countries transformed into modern nations with constitutional and institutionalised governance under colonial rule.

Most aspects of today’s globalisation existed in a different form in the pre-colonial era with free exchange of ideas, trade and intellectual discourse. However, process engineering by colonial powers for identification and categorisation of people was a factor in the emergence of separatist ideologies based on ethnicity, language and religion.

This mindset is now ingrained and accentuated in politics. Episodic instances of communal hostility are referenced often to suit tactical political gain. Around the world today, and not just in South Asia, policies and thinking are becoming communally exclusive, localised and inward-looking.

The COVID-19 pandemic hit the world against this backdrop, allowing some leaders an opportunity to double down on insular thinking, ostensibly for providing local communities with better economic and social prospects, and security.

Meanwhile, governance models favoured by nations keep vacillating between fundamental freedoms-based democratic systems and quasi democratic, socialist authoritarian systems.

In this regard, the people of Sri Lanka and India have been served well by long years of uninterrupted democratic governance. This has provided long-term stability for both countries and must not be vitiated.

Sri Lanka’s strategic location makes it apparent that not only economic fortunes but the security of both countries are inextricably linked. Therefore, it is heartening that India and Sri Lanka constantly strive for excellence in neighbourly relations, recognising that a calamity in one country can adversely impact the other.

Though robust partnerships with other countries must be sought in line with the non-alliance foreign policies of both countries, such efforts must be bounded by an atmosphere needed for peace, prosperity and stability.

Among others, freedom of navigation in the Indo-Pacific together with a rules-based international order and peaceful settlement of disputes are of common interest. While avoiding advocacy of zero-sum solutions on crucial issues, both countries must seek to harmonise strategic and other interests in line with common values and socioeconomic compulsions.

Addressing issues and imbalances

The socioeconomic development of Sri Lanka has remained linked to India. But there are many options available to address issues of imbalance and asymmetries. For instance, Sri Lanka can encourage Indian entrepreneurs to make Colombo another business hub for them, as logistical capacities and facilities for rest and recreation keep improving in Sri Lanka.

Integrating the two economies but with special and differential treatment for Sri Lanka due to economic asymmetries can be fast-tracked for this purpose. There is immense potential to accentuate or create complementariness, using locational and human resource potential, for harnessing benefits in the modern value chains.

Robust partnerships across the economic and social spectrum can promote people-to-people bonhomie. And engagement of legislatures is essential for promoting multiparty support.

With many countries receding into cocoons due to the pandemic, this is an opportunity for both countries to focus on the renewal and revitalisation of partnerships.

This article was originally published in the Hindu, the English-language daily owned by The Hindu Group and headquartered in Chennai, Tamil Nadu
https://www.thehindu.com/opinion/op-ed/modern-tools-age-old-wisdom/article32206425.ece

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Some 275 refugees and migrants waiting to disembark from a tug in the Port of Pozzalo, Italy, after being rescued a few days earlier. Credit: UNHCR/F. Malavolta

By Prasad Kariyawasam
COLOMBO, Sri Lanka, Oct 31 2017 (IPS)

At this crucial juncture of international migration, where numerous push and pull factors have engendered unprecedented migration flows across the globe, the ongoing discussions at the United Nations must lead to meaningful and practical outcome.

It is however, paramount that all stakeholders, especially global leaders, adopt a right based approach in seeking arrangements for safe and orderly migration, for both regular and irregular migrants and in particular, for preventing exploitation.

The solutions offered, in particular, by States must recognize and take into account the following:

(a) Contributions by migrants and refugees: The narratives on migration must emphasise the positive contributions by migrants and refugees towards diversity and for enriching societies, cultures and economies across the world.

Population at large must reckon the contribution by the migrant workforce in support of the local economies. Efforts to counter misinformation and preconceived ideas should be developed and promoted with the help of the civil society and the involvement of migrants and refugees as well.

The Media has a crucial role in promoting multiculturalism, mutual trust and understanding but also sensitizing the population at large to the principles of equality and non-discrimination as well as combating xenophobia and prejudice in daily life.

(b) Combat xenophobia and racism: The international community must uphold their responsibility to combat all forms of hate speech, stigmatising discourses, scapegoating and measures must be taken to condemn xenophobia against migrants and refugees. Given the audience they can reach and the moral authority they carry, political leaders must condemn and counter all messages fuelling racism and xenophobia.

A strong message against impunity is necessary to effectively tackle xenophobia and discriminations against refugees and migrants who mostly remain peripheral in the justice systems. States should ensure that those promoting discriminatory and xenophobic discourse and attitudes against refugees and migrants are held accountable.

Refugees and migrants should be provided with effective judicial, administrative and other remedies, including the right to seek just and adequate reparation for any damage suffered as a result of a racist or xenophobic crime.

A Syrian mother cries with relief as she embraces her three young children after a rough sea crossing. Credit: UNHCR/Ivor Prickett

(d) Border management: States must respect human rights obligations at all border crossings, including the right to due process for all migrants regardless of their status, in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsion. States must also ensure that border governance measures combat all forms of discrimination at international borders and that migrants have effective access to judicial remedies.

States must also ensure that migrants in transit who are victims of violence, physical and mental abuse and exploitation are provided with appropriate services, including medical and psychosocial services, in particular for women and girls who have experienced sexual abuse and violence.

(e) Irregular migration: States should ensure that all measures aimed at addressing irregular migration and smuggling of migrants do not adversely affect the human rights of migrants and that such migrants are provided with necessary assistance and are afforded due process guarantees. States should also develop rights based approach to overall migration and border management taking into account the needs of migrants, and must seek to establish regular, open and facilitated labour migration.

(f) Exploitation and abuse: Measures must be taken to address all forms of labour exploitation and abuse, in particular child labour, and the situation of migrant workers who are victims of the Kafalah system. Action must be taken to enhance protection of specific categories of workers, in particular women, against exploitation and abuse, including sexual violence.

In line with SDG (target 8.8), domestic work should be regulated by national legislation and domestic migrant workers should also enjoy rights with respect to minimum wage, hours of work, days of rest, freedom of association, and other conditions of work, as well as the right to freedom of movement and residence, and to retain possession of travel and identity documents. All migrant workers should be able to access consular officials. States must facilitate access to justice, without subjecting migrants to fear of detention or deportation.

(g) Children in migration: Children affected by migration should be considered first and foremost, and their best interests must be a primary consideration in all actions concerning them and should be accorded the same rights as all other children, including birth registration, nationality, access to education, healthcare, housing and social protection.

The detention of children because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child. States should completely cease the detention of children in this context and adopt alternatives to detention that allow children to remain with family members and/or guardians in non-custodial, community based environment while their immigration status is being reviewed.

(h) Trafficking in persons: It is important to adequately train all stakeholders, including public officials and law enforcement officers working in areas of arrival of large influxes of people, to identify trafficking or risks of trafficking. States in this regard must work with United Nations agencies and programmes, international organizations, host countries and civil society organizations. National procedures must be adopted for assistance and protection services for victims and potential victims of trafficking in persons, including gender- and child-sensitive measures.

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Women migrant workers. - UN photo

By Prasad Kariyawasam
UNITED NATIONS, Jan 26 2017 (IPS)

International migration is a complex phenomenon dealing with overlapping issues relating to the human rights of migrants, mixed migration flows, international protection, smuggling and trafficking, as well as other push and pull factors affecting migration.

But, the need of the hour is a rights-based comprehensive approach placing the human rights of migrants at the center of the discussion to halt and roll back overall deterioration of treatment of migrant workers, worldwide, in particular, women migrant workers and children.

Evidence suggests that the world is on the eve of far greater international mobility largely due to work force decline and population ageing, coupled with low birth rates in many industrialized countries. Migrants will be even more essential to address labour market needs and the sustainability of economic development in many countries.

But as we all know, migrants move due to a number of reasons. Migration is not only due to economic factors, but man-made disasters and conflicts can drive them in large number as we observe now.

And migration can be engendered due to poverty and lack of human development; gender inequalities; discrimination; abuse and neglect; gang violence; political instability; socio-ethnic tensions; bad governance; food insecurity; environmental degradation and climate change.

As underscored by many Human Rights defenders, human rights abuses play a crucial role in decisions to migrate, in particular by women.

Out of more than 244 million migrants throughout the world, half are women, and an estimated 20 percent are in an irregular situation. In some countries like Sri Lanka and the Philippines, female migrant workers leaving for work abroad are much more than half of those leaving.

And in overall, international migration is becoming increasingly feminized as more women are migrating on their own volition, seeking economic and social opportunities and empowerment through migration.

Most women contribute more than men in destination countries in professions, such as care-givers while contributing even more to the well-being of their families in their countries of origin. But, women migrant workers are particularly at risk of discrimination, abuse and exploitations.

They receive wages that are under the minimum baseline, and are victims of fraudulent practices, excessive working hours and even illegal confinement by their employers. Sexual harassment, threats and intimidation against them are rampant.

Meanwhile, number of women migrant workers committing suicide is on the increase. Abuses of women migrant workers are more intensified when their immigration status is irregular. They are often denied the most basic labour protections, personal security, due process guarantees, health care and, education for their children. They often face abuse and harassment at international borders based on race, identity and age. And often they risk being trafficked, enslaved or sexually assaulted.

Domestic female migrant workers are a most vulnerable group. According to the ILO, 53 million women and girls around the world are employed as domestic workers in private households. They clean, cook, care for children, look after elderly family members, and perform other care giving essential tasks for their employers.

Despite their important role, they are among the most exploited and abused workers in the world. They often work 14 to 18 hours a day, seven days a week, for wages far below the minimum wage. And their work is often not recognized as work under national labour codes.

Their work is not quantified in financial terms and therefore not adequately compensated. They may be locked within their workplace and subject to physical and sexual violence for lack of means for seeking formal protection normally available for other women in formal sectors of employment.

Therefore, policymakers and other stakeholders in every country must adopt a gender-sensitive and rights based approach in developing labour migration laws and policies in line with the core human rights treaties, and in particular CEDAW and CMW, as well as relevant ILO labour standards.

These human rights instruments relevant to migrants seek to achieve gender equality and protection for women and girls irrespective of age, sexuality, race, disability, migration status and other identity markers.

National and local laws and policies should be evolved to guarantee that human rights, including labour rights, are enjoyed equally by men and women migrant workers and that migration legislation, policies and programmes must promote equality of opportunity and treatment in respect of employment and occupations with a view to eliminating any discrimination based on sex.

In this regard, female domestic workers must receive special attention, as they are most vulnerable group. The Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a robust and agreed legal framework for the rights of all migrant workers and their families in countries of origin, transit and destination.

The Convention sets out the best strategy to prevent abuses and address challenges faced by female migrant workers. It provides guidance for elaborating of national migration policies for international co-operation based on respect for human rights and the rule of law.

In addition to setting minimum obligations for the protection of migrant workers and members of their families, the Convention is a helpful tool for governance of migration. The Convention explicitly provides a framework for human-rights based policy-making on migration, including irregular migration and female migrant workers.

The treaty body of the convention, the “Committee on Migrant Workers” (CMW) seeks to encourage its State parties and all stakeholders to work towards reaching standard enunciated in this convention and other relevant international instruments. And CMW in its general comments have elaborated guidance as to how States can implement their obligation with respect to migrant domestic workers, in particular, females.

CMW regularly advises States to ensure that they develop effective pre-departure and awareness-raising programmes for female workers who have made the decision to migrate, with briefings on their rights under the relevant human rights treaties in force, including CMW, as well as the conditions of their admission and employment and their rights and obligations under the law and practice of the receiving States.

Among other measures, CMW encourage countries of origin to enter into agreements with States of destination for the establishment of standard, unified and binding employment contracts with fair, full and clear conditions and labour standards that are enforceable by systems of law in countries of origin and employment; and to ensure that consular offices are trained to assist female migrant workers, and to provide counselling and guidance for submitting complaints; and encourage States to regulate and monitor recruitment agencies to ensure that they respect the human and labour rights of women migrant workers.

CMW also advises States to repeal sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status, including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel or bans on women migrant workers.

The issue of detention of female migrant workers is yet another punitive measure that is often abused by authorities in many countries. The convention attempts to make migration for work as a positive and empowering experience for individuals and their societies, contributing to economic progress and human development both at home and in destination countries.

Today’s dramatic migration crisis underscores the urgent need to begin a more honest discussion about the obstacles to ratification of the Migrant Workers Convention. The Convention at present has only 50 State parties, and most are States of origin of migrant workers, and destination countries by not ratifying the Convention are conspicuously avoiding the human rights standards of the Convention.

A clear vision of the need for migrant labour in destination countries, with more channels for regular migration, as well as for family reunification, would assist greatly in preventing the exploitation and other dangers faced by female migrant workers and to enable them to live a life in dignity.

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