Sri Lanka's has banned women with children under 5 years old from working abroad, to the consternation of human rights groups. What are the ban’s implications on Sri Lankan women?

In an effort to address the social breakdown caused by mothers leaving their young children to find work overseas, the Sri Lankan government has recently approved a proposal that would ban women with children under 5 years of age from going abroad for employment.

Proposed by the Minister for Child Development and Women’s Empowerment, the regulation also requires mothers with children aged 5 or older to get approval from a government committee after submitting proof that they can provide appropriate caretakers for their children.

A violation of women’s rights

Human rights groups and advocates for migrant rights expressed their indignation on the ban as violating women’s human rights, which was ironically announced on International Women’s Day.

“This policy blatantly discriminates against women and threatens the well-being of their children,” LaShawn R. Jefferson, Women’s Rights Division director of the Human Rights Watch, said. “It would prevent many mothers from supporting their children by banning them from the only form of work they can find.”

The regulation is seen to violate Sri Lanka’s obligations under its constitution to protect women from discrimination, including in employment. It also goes against international human rights treaties to which Sri Lanka is a party, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Ratified by Sri Lanka in 1981, CEDAW requires states to eliminate discrimination against women in the field of employment.

A hasty decision

The government justified the policy on the grounds that migrant women’s children “have become helpless and vulnerable, and lack nutrition and healthcare,” citing the fact that more than 660,000 Sri Lankan women are working as domestic workers in the Middle East and Asia, leaving behind broken homes and young children who are often neglected and abused. At present, more than 60% of the 1.5 million Sri Lankan overseas workers are women.

However, the decision was seen as “too hasty” and without proper planning including job security for the women concerned.

“You just don’t enforce a decision like this without offering them [mothers] an alternate source of employment. Otherwise who is going to feed and clothe their families?” asked Dr Nimalka Fernando, a women’s rights activist.

Child Development and Women Empowerment Minister Sumedha G. Jayasena pointed out that government officials are already formulating a program to identify and address the needs of women who will be affected by the ban.

“We are willing to provide financial and vocational assistance to these women,” she said. “These women could easily engage in self-employment which will enable them earn twice the money what they would be paid abroad.”

Chaos and confusion

However well-intentioned, the policy is seen to cause chaos and confusion once implemented, especially for those who are preparing to leave and who have already borrowed money, mortgaged their house and property or pawned their jewelry to pay employment agencies. Migrant workers bring in the highest amount of foreign exchange in remittances but often their rights are violated or voices not heard like in the current case.

Activists urged the Sri Lankan government to rescind the policy, recommending that the government consult with migrant community and women’s groups to enhance economic and educational opportunities for women so that domestic workers can migrate based on choice rather than desperation.

Sources:
“Hasty decision on migrant workers” from Migrant Forum in Asia, posted on March 11, 2007, <http://www.mfasia.org/mfaStatements/F93-SriLankaWomenMigrants.html>.
“No change in ban on moms working abroad” from South Asian Media, posted on March 21, 2007, <http://www.southasianmedia.net/cnn.cfm?id=373045&category=Women&Country=SRI%20LANKA>.
“Relief measures to offset ban” from South Asian Media, posted on March 18, 2007, <http://www.southasianmedia.net/cnn.cfm?id=372300&category=Women&Country=SRI%20LANKA>.
“Sri Lanka: Drop ban on mothers emigrating for work” from Human Rights Watch, posted on March 15, 2007, <http://hrw.org/english/docs/2007/03/14/slanka15485.htm>.