Special Program: Sri Lanka Capacity Building for Advocacy for Migrant Workers and Safe Migration. Program Dates: July 2014 November 2015 (5 modules)

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1 Special Program: Sri Lanka Capacity Building for Advocacy for Migrant Workers and Safe Migration Program Dates: July 2014 November 2015 (5 modules) 1. Executive Summary: Summary Report of Module 5 The first module of a special capacity building program for Sri Lankan CSOs and their representatives working to protect the rights of Sri Lanka s Migrant Workers took place in July The key underlying assumption for this capacity building program for advocates is that considerable improvements can be made in the lives of Sri Lanka s migrant workers if civil society and government can work together more effectively to promote the implementation of agreed international human rights and labour standards to government policy and practice. The program involved participants identifying the key problems affecting migrant workers, developing knowledge and understanding of the existing legal, policy and institutional frameworks governing labour migration from Sri Lanka, developing understanding of relevant international labour and human rights standards and mechanisms and how they might be used by advocates, and developing understanding of the situation in countries of destination. Participants identified their own priorities for change, and their own strategies for achieving this change including engagement with the new Minister of Foreign Employment, and the Sri Lankan Bureau for Foreign Employment (SLBFE). Participants also developed their knowledge of some of the most relevant and important regional intergovernmental processes that have relevance for policy and practice on labour migration and particularly, the Colombo Process and the Global Forum on Migration and Development (GFMD). The biggest change to have taken place over the course of this 18 month long program is a change of government that has resulted in a greater openness to dialogue with civil society on human rights including the rights of migrant workers. There have been extensive reports of Modules 1 4. This report therefore focuses on the fifth and final module for this program, which took place in November This module included content on the GFMD, the Abu Dhabi Dialogue (ADD) and the Colombo Process, as well as time to reflect on the impacts and outcomes of the program for the work of participants. This final module was notable for the extent to which participants felt that a firm basis had been established to work together in the future. 2. Module V Summary of Sessions: DAY 1 Morning - Introductions: There were introductory remarks from Katrin (Helvetas), Patrick (DTP) and Tatcee (MFA). They welcomed everyone back together again and initiated a discussion of the objectives and outline for the final three days of this 18 month program. 1

2 Sharing of experiences in Sri Lanka over the previous six months: There was agreement that the change of government had seen a greater focus being given to labour migration and policy and practice on the welfare of migrant workers. There is new openness from elected representatives and government officials to engaging civil society. At the same time it was taking time for new approaches, including openness to civil society, to flow down through the SLBFE, particularly outside Colombo although in some offices (including Galle) there is more collaboration between officials and civil society. The issue of corruption by some officials as a factor in abuses and vulnerability to abuse has also been addressed to some extent. Implementation of policy is still a concern and civil society needs to play a role in this through engagement with government and through programs/activities. The media is more aware of the issues facing migrant workers and is giving more focus and attention to the issues they face in Sri Lanka and countries of destination than previously. Participants expressed the view that the preceding four modules of the program had been useful in various ways, and the knowledge was being applied including in training program for women migrant workers. The modules had also opened up new opportunities to work together. Following approaches from civil society it was likely that the government would begin a program on legal aid and legal assistance to migrant workers from Sri Lanka. Feedback on GFMD from the Sri Lanka CSO Delegation to GFMD in Turkey: In November 2015, a number of Sri Lankan CSO representatives attended and participated in the GFMD in Turkey. Three of them were asked to provide their reflections to the group and this session provided a valuable opportunity for them to provide their feedback to a wider group of civil society. Background on GFMD This session was facilitated and led by Tatcee from MFA which plays a key role in global coordination of civil society engagement with GFMD. Tatcee began by providing the participants with a broad background. The GFMD is an intergovernmental process that is a non-binding process and outside of the UN system. Its establishment followed the final report of the Global Commission on International Migration 1 (GCIM) in One outcome of GCIM was recognition of the need to regularly bring together governments and others to look at global migration policy and practice with specific reference to the relationship between migration and economic development recognizing the flows of remittances and the movement of people. This recognizes the limited global governance regimes for the growing phenomenon of international migration. The GFMD is organized annually and hosted by a different government each year. In November 2015, it was hosted by the Turkish government. In 2016, it will be hosted by the government of Bangladesh. From the beginning there was concern that the GFMD process and agenda effectively excluded reference to the rights of migrant workers (the normative framework of international labour and 1 2

3 human rights standards) and the voices of migrant workers and civil society. The human side of migration was missing. Migrant workers, their CSOs and NGOs and Trade Unions have advocated vigorously since then to ensure their voices are heard and that human rights, and the rights of migrant workers, frame the agenda rather than just the economic costs and benefits of migrant labour. As a result, the GFMD process now begins with two days of civil society meetings, then a day when representatives of civil society and government meet and then the intergovernmental meeting - the government days. CSOs and Trade Unions have also taken the initiative to organize the peoples global assembly (PGA) which brings together civil society from across the world in a process parallel to the GFMD. In 2014, CSOs at the PGA adopted a 5-year 8 point plan to guide civil society work over the next 5 years. Munas: The GFMD agenda is organized in a way that addresses some of the key issues connected with labour migration with some sessions on different topics being run at the same time. This means making choices about which workshops to participate in. I participated in the sessions on the Sustainable Development Goals (SDGs) and on labour recruitment. Development was discussed only on the macro level leaving behind how development can take forward individual development for migrant workers (village, household). Migration is now in the SDGs the challenges now come in relation to the indicators and the monitoring of the achievement of the indicators the implementation There is an understanding that lack of work options in the origin country pushes migration from the origin country. Irregularity in labour recruitment was a key topic, and there was also a focus on the refugee issue; the categorization of refugee vs migrants has a disconnect. The issues of Xenophobia/Diaspora were on the agenda too but without clarity of purpose. There are logistical issues that need to be addressed to enable effective civil society participation especially in relation to the possibility to participate in the government days. Sujeewa: The formal agenda should include discussions on the bilateral agreements on migration between the destination and origin countries. These are important in affecting how migrant workers are treated, in establishing minimum standards/conditions consistent with international standards. They help to establish the governance regime. The dialogue should be based on existing recognized rights of migrants not on politically based issues. There should also be a focus on the legal changes necessary to protect the rights of migrant workers. CSOs need to continue in dialoguing with governments about this. Only a small number of observers from the CSOs are allowed into the government days and this is one of things that limits there being effective dialogue. 3

4 Looking forward to GFMD in Bangladesh in 2016, there needs to be better processes and it should be easier for Asian civil society to engage in our own region. Wimala: It was useful to hear the other countries are experiencing similar things to Sri Lanka. The agenda did not give enough space to the situation of women and particularly women domestic workers who can experience a hostile work environment. The gender dimensions of migration including what happens to families of migrant workers left behind in countries of origin, and discriminatory laws that prevent women (and young women in particular) from leaving for work. These were not taken up in the 2015 GFMD, these could be suggestions that can be taken up next year in Bangladesh, GFMD OPEN FORUM: Discussion focused on the nature of CSO participation, how to effectively engage in the process and how to get outcomes from participation in the GFMD. It was emphasized that there are no established or clear guidelines on participation of CSOs. CSOs are largely excluded from official discussions during the government days. Government delegations to the GFMD may comprise of representatives from different government ministries / departments. Potentially official delegations may be able to include CSO representatives, as happens in some international dialogues but it is not known whether it has happened in the GFMD process. There is an international CSO steering committee that invites CSO participation and makes selections for the civil society days. This steering committee engages with the secretariat of the GFMD in Geneva. National CSO delegations can also engage with their national delegations. Ideally this engagement should begin in the preparatory phase, with CSOs meeting with their government, identifying issues of concern, sharing priorities and possibilities for common action and identifying the GFMD delegates from their country. At the GFMD itself this process can continue with invitations to or from the government delegation for dinner/coffee/breakfast etc. For the 2015 GFMD there was participation from the ministry of education, ministry of labour, of justice, and of health. It is also good practice for national (or thematic focused) delegations to meet daily or at the beginning and end of each day to plan and report, swap notes on the different sessions and to talk about what things to raise in the discussions, and what steps need to be taken in relation to the government, and what issues to push that are benefical for migrant workers. It was agreed that CSOs needed to engage governments more and to press for more space for CSOs in the GFMD process. It is also important for national level NGOs to link in with international networks and the lobbying and advocacy agenda established at the international level. The international networks can help national level delegations to prepare and to engage in a coordinated way. It is also important for the CSOs attending such events to share reports back with others. There was discussion about what governments get from participating in the GFMD what are the motives and outcomes for governments. Some governments use the GFMD to engage in bilateral negotiations for labour exchange. Since this is a non-binding forum, there are different reasons that governments engage in the conference (e.g. discussions of recruitment reform, etc). 4

5 SUGGESTION: The group suggested that it would be useful to draft a statement and report on GFMD that can be circulated in the network of CSOs in Sri Lanka. It is also important to have debriefing and follow-up work on this. The GFMD Report on the Outcomes of Roundtable 1: What are the recommendations that are applicable to Sri Lanka and how do we to address these recommendations to the government? Participants were broken into groups to review the outcomes/recommendations from the GFMD that were relevant to Sri Lanka. Protection of human rights o Bilateral agreements must be tightened, o Should include condition that detention periods has to be served in labour sending sending countries To develop pre departure awareness training o Practical skills should be included in pre-departure training to the migrant workers (these practical skills should include content on relevant laws, knowledge of human rights, etc) To ensure that national laws comply with international standards o Both countries of origin and destination need to ratify international conventions To increase increase decent work in countries of origin so the so called economic migration is a free choice not necessary o Increase salary of the workers in the country Reducing the cost remittances o Seek agreement with state banks on low charges/fees for inward remittances by MWs Fair ethical recruitment process o Make recommendations to have a uniform cost of recruitment for males and females that does not involve the charging of fees to migrants o To regulate the promotion of sub agents o To have bilateral agreements with destination countries to regulate the job contracts The GFMD Follow-Up, Planning and How to Engage in Future So far there has been no report from the government re the outcomes of their participation in the GFMD and no post GFMD briefing of NGOs Organize a meeting with the Minister and talk about the GFMD both the process and planning for Sri Lankan participation in GFMD 2016 Continues follow-ups and networking among CSOs in Sri Lanka to build understanding of GFMD and enable wider engagement Build the capacities of CSOs to understand and be more efficient in engagement and with regular meetings both formal and informal Create a formal group focussed on the GFMD and the group will meet every month to talk about the processes that it will take on the work to be done and work with our government at the national level. 5

6 RECAPS From the Exchange visits to Jordan and Lebanon Identification of needs for advocacy follow-up re SLBFE,MEA/MFE----Experiences, insights, learning and Action points and followups. Over the previous six months a number of participants had been involved in exposure visits/field trips to Jordan and Lebanon. and others had held meetings with the government. This session provided an opportunity to share reflections and feedback. LEBANON: CSOs there are working independently. No restrictions that are being placed on the organizations working on the rights of the migrant workers There are many domestic workers from Philippines, Sri Lanka, Indonesia, Sudan, etc Met with the Sri Lankan Ambassador who said many are irregular migrants and don t want to go home because they know that there is a worse experience in terms of work in Sri Lanka Visited a church that shelters Sri Lankan migrants to engage with them and understand the problem There are issues like harassment (physical, sexual), unpaid salaries and other issues (no rest hours, no MOUs, etc) Contract substitution occurs in Lebanon to some Sri Lankan migrant workers o Signs a different contract in origin country (Sri Lanka) and in Destination (Lebanon) o In Lebanon, contracts are signed in the court There are a lot of children of migrant workers in Lebanon and their status can be uncertain Domestic workers are (generally) not allowed to go out from the houses where they are employed Mobile phones are being withheld by employers and this increases vulnerability and isolation The coordination within the CSOs between the countries of origin and destination is not well organized Recommendation that government must have a special manual for those who are travelling to Lebanon o CSOs in Lebanon are willing to help the making of the manual No official translator Missions cannot work properly as they only have limited resources No legal assistance provided by the embassy JORDAN: Things are similar from Lebanon and Jordan but has few differences Migrant worker are free to do the things they want like shopping go to church, etc. Churches and free legal organizations are working for the benefits of the migrants welfare Tamkeen is an NGO that gives free legal services to migrant workers The welfare centers, textile union and women union are helping the migrants Jordanian government has Anti-human tranfficking unit that is an initiatve to control trafficking Exchange of relevant and important information with legal orgs in Jordan to support they work over with additional information 6

7 Additional information specific to Jordan needs to be added in the general and predeparture sessions No lawyers are permanently connected with the embassy and as in Sri Lanka, the Sri Lanka embassy is not seen as effective. It was noted that the Kafala (labour sponsorship system) operated in both countries. DAY 2 As in all of the modules the day began with a recap of the previous day s discussions by a group of the participants which led into the first formal session of the day and the need for civil society to focus on preparations for GFMD Dhaka in 2016 (8-12 December 2016). GFMD- the road to Dhaka 2016 This session was led by William Gois, who sought participant s views on the value for their CSOs to engage in the GFMD. It was agreed that GFMD had potential value because it focused governments on key issues, provided a forum to raise issues, for CSOs to dialogue with government, and to build their own CSO networks and common platforms and collective voice. Expectations have to be kept realistic it is a forum of governments, for governments and the outcomes are decided by governments and are in the form of recommendations only. It is not realistic to think CSOs and government representatives will agree on everything, or can achieve agreement over two days. CSOs in many countries face the first challenge of getting their governments to engage seriously with the GFMD process. Some governments may be, or can be persuaded to be, allies on some issues and the GFMD process provides an opportunity and framework for engaging with government. GFMD has value as an avenue for the advocates to link, engage and dialogue with fellow advocates for more effective advocacy at national international levels. The PGA is also a very valuable avenue and space for civil society it is open to all and everyone can participate. CSOs, the Sri Lankan Government and the GFMD MFA is looking for input from CSOs on the GFMD in Bangladesh. Participants were divided into groups and asked to review the draft GFMD Concept Note for Bangladesh. The following recommendations came from the groups: There is a strong message that goes own. On how the CSOs pushes through this and how we can lobby this to the government by passing through the recommendations to the government. Countries that do not have national migration policies should develop them. National migration policies should now be aligned with the SDGs Money, and resources of migrant workers should be utilized for their own development Protection and safety of migrant workers should be considered in signing of the agreements and take more priority than the financial aspects CSOs should be encouraged to engaging in the preparatory processes for GFMD 7

8 The protection of migrant workers as they transit from origin to destination countries would be good to include in the talks in the next GFMD. Governance structure - Global governance of migration to broaden its scope. Mixed flows is an issue as witnessed in recent months in the Mediteranean. Gender issues the impact of labour migration on women The Colombo Processed Explained - Building collaboration between countries of origin (Masako, IOM) This session was led by Masako Ueda of the Colombo office of the IOM. The Colombo Process (CP) began with the leadership of the Sri Lankan government, which recognized the value of bringing together other countries in Asia that were major labour sending countries. It is a collective process of labour sending countries dedicated to discussing the process of labour migration including common issues of concern. They only talk about the regular process of migration. There are five focal areas: Development Humanitarian - social services Legal - Institutional - Information-knowledge sharing to migrants The Colombo Process brings together relevant government ministers from the labour sending countries on an annual basis. These meetings are preceded by meetings of senior officials with responsibility for migration policy and practice in their respective countries. These meetings agree the focus and agenda (and any agreements) for the ministerial meetings. There is some tension at the heart of the Colombo Process as the governments it brings together are also competitors for market share of migrant labour in the countries of destination. All the governments rely to some extent on the foreign income they receive through the remittances of their migrant workers. There should however be possibilities to build collaboration on issues of common concern such as the high costs of remittances, social insurance/security, standard contracts for domestic workers, detention/repatriation policies etc. The Colombo Process is underwritten financially and administratively by the IOM. Meetings are irregular and there are no established guidelines on civil society participation and most meetings to date have excluded all representatives of migrant workers and civil society. There is a lack of transparency, and little evidence that the official discussions are based on the human rights standards that the governments have accepted and ratified. CSOs and NGOs are trying to engage with the Colombo Process and recognize the potential of this grouping of governments to collectively promote respect for the rights of migrant workers. 8

9 It is possible that the new government of Sri Lanka, newly open to and valuing engagement with civil society could take the lead in opening up the Colombo Process (which it is currently Chairing) to NGOs/CSOs. The Abu Dhabi Dialogue Process The Abu Dhabi Dialogue (ADD) is an expansion of the CP bringing together CP member countries with the major countries of destination in the Middle-East region. It was initiated by countries in the Gulf Cooperation Council (GCC) and is more financially independent than the CP. The ADD has the same five focus areas. Like the CP, the ADD is closed to CSOs at this stage. The decisions taken at the ADD affect policy and practice on migrant workers but their voices are absent from the discussions. Participants were then divided into groups for discussion about the projects/work that participants were doing that may be relevant to the thematic areas of the CP/ADD and recommendations for change. Effective pre departure orientation: - Pre departure training by SLBFE is only on soft skill and the 21 days is seen as not enough for the training to cover the important areas it needs to: -The subjects are a little bit stressful (HIV/AIDS etc) - Training needs to include information on the rights of migrant workers and on the legal system, complaints mechanisms and access to remedies in country of destination and through Sri Lanka s missions and local NGOs etc - Training should include remittance management - The 21 days program needs to include information and guidance that is specific to the country of destination which it does not do at present. - Care should be taken that rights are violated on the process of getting a health clearances from the health centers. Fostering ethical recruitment - Look at MLE, SLBFE and engage with them - There should be coordination of recruitment/placement agencies in both countries of origin and destination and all should be registered in ALFEA. - SLBFE and ALFEA should coordinate to both recognize and regulate/control sub agents 9

10 - Code of Ethics should be part of training and responsibility for the workers of ALFEA and SLBFE - Monitoring mechanism needs to be included in the process to ensure recruitment is ethical (fee free) Review skills and qualification process - enhance the quality of training - giving awareness to rights of the migrants - assessment of the skills on the specific job description for the departing migrants and specific training - assessment of the skills that are acquired of by returning migrants - inclusion of language training for the country of destination in the skills qualification Reduce the costs of remittances transfer - Pre departure training should include training in the management of remittance transfer specific to the country of destination - Guidance and advice on saving money should be included in the training - Training in financial literacy of should be part of the pre-departure training - Special key options from the bank for the members of the families in case the migrant worker is unable to send money - reintegration process by the ILO should be heightened At the conclusion of what was a very lively and engaging session, Masako will share the recommendations and suggestions raised in the discussion to her colleagues in the IOM. The participants extended their thanks and appreciation. The Colombo Process - Practical Exercise William asked the participants to consider: What should be the role of CSOs in the Colombo process? What are the things we need to do to move forward? It was agreed that there was a need to look both at the substance and the process of engagement Look at the gaps and issues of the 5 thematic areas and dialogue with governments o MOUs and Conventions that are ratified should be looked out are the Conventions that have been ratified by governments reflected in the MoUs. o Show best practices in the region Dialogue among the CSOs in Sri Lanka on the 5 thematic areas Coming together by the groups vis a vis the 5 thematic areas Give the input to the Sri Lankan Government Institutionalize that CSOs can have a consultative role in the CP 10

11 Two discussions that can be good to start for CSOs Thematic areas Process of engagement The Colombo Process is one of a growing number of regional and international processes that area addressing migration. In each there is a struggle to ensure that the voices of migrants of civil society are heard it is a continuing challenge. Earlier in the year there was an international meeting called Migrants in Countries in Crisis (MICIC) a process that was initiated by Philippines, US and IOM that looks at the two following crises: War/ conflict Natural disasters It was only after considerable lobbying that CSOs were invited that their knowledge, expertise and perspectives were recognized as essential to informed discussions. Where there is a sympathetic and supportive government it is possible to secure and even to institutionalize civil society participation. Responsibilities: The participants decided that they would take on the responsibility to engage the Sri Lankan government in relation to the CP. It was agreed to focus on 4 thematic areas. Participants decided which area they wanted to focus and the groups committed to delivering a short report and recommendations by 1 st of February. HELVETAS will follow up with all the groups (Ranjan) Review skills and qualification recognition processes (Sujeewa (lead); Dilshan; Wimala; Munas (TBC) Foster ethical recruitment (Ruchira; Subajini; Thushara; Dilshan (Lead); Geeshani) Ensure effective pre-departure orientation and empowerment (Ranjan (Lead); Godwin; Lathan; Menike; Uthayan; Sujeewa; Sr. Thushari; Chathurani; Gamagge; Sisira; Yogehwari Reduce the cost of remittances transfer (Nadhia (Lead); Subajin; Leela; Manjala ) Subajini, Ranjan and Sujeewa will coordinate a National consultation with Sri Lankan government on the thematic areas Sujeewa and Ranjan to dialogue with government on why CSOs are important to engage with in the CP. MFA will prepare a document on the history of engagement of CSOs in Colombo process (deadline the 28 th of Nov) a historical document of MFA s engagement to the Colombo process and the comparative analysis to other regional processes. At the end of the day the facilitators sat with a group of the participants to reflect on the day and to plan for the last day of the program. DAY 3: The day again began with a recap by a group of the participants. Building collaboration and a Migrant Workers Agenda for SAARC Building Regional CS Collaboration 11

12 The day s first session was led by Shom Luitel from Nepal who led participants through a session to build their understanding of the South Asian Association for Regional Cooperation (SAARC). Sri Lanka is one of 8 members of SAARC, which was established in Many of these countries are countries of origin for migrant workers. SAARC s objectives are: to promote the welfare of the peoples of SOUTH ASIA to accelerate economic growth, social progress and cultural development in the region to promote and strengthen collective self-reliance among the countries of SOUTH ASIA; to contribute to mutual trust, understanding and appreciation of one another's problems; to strengthen cooperation among themselves in international forums on matters of common interests SAARC is a key sub-regional body in the UN s Asia-Pacific region. Unlike most regional intergovernmental bodies, it does not have a human rights instrument or mechanism. SAARC has adopted convention on trafficking. Nepal hosts the SAARC Secretariat. Shom s presentation provided a brief background on SAARC and reviewed recent successful efforts to put migration on SAARC s agenda as a focus for cooperation and action. These efforts have led to the adoption of a SAARC Plan of Action on migration. Shom emphasized the importance of civil society in promoting adoption and implementation of the plan of action. At its 2014 SAARC Summit in Kathmandu, SAARC agreed to collaborate and cooperate on safe, orderly and responsible management of labour migration from South Asia to ensure safety, security and wellbeing of their migrant workers in the destination countries outside the region. Nepal has proposed the following to other SAARC governments: Set up an institutional mechanism at the regional level that would facilitate collaboration and cooperation on management of key labour migration issues at the SAARC level. Facilitate the development of a SAARC Declaration on the Protection and Promotion of the Rights and Welfare of Migrant Workers. Identify priority thematic areas for regional cooperation and facilitate information exchange and knowledge-building on labour migration issues. The following thematic areas are being given consideration by the SAARC working group: Development of a Framework for Skills Qualification Strengthen Pre-departure Orientation Programmes for Workers Establishment of a Mechanism for Information Exchange and Knowledge Building Ensuring Fair and Ethnical Recruitment Maximizing the Development Potential of Migration 12

13 Formulation of Standard Employment Contract and Minimum Wages Improvement in the Justice Mechanisms, Support Services and Rapid Rescue Shom s presentation was comprehensive and thorough and very helpful and he emphasized the importance of advocates engaging with their own governments and of developing collaboration between CSOs and NGOs in SAARC countries. MAKING THE RIGHTS OF MIGRANT WORKERS A PRIORITY/AGENDA FOR ACTION-REVISITING ADVOCACY STRATEGIES NEXT STEPS IN THE RIGHTS WAY William reminded participants that over the course of the training program, participants had learnt about 6 intergovernmental processes that are relevant to migrant workers Colombo process GFMD SAARC Abu Dhabi Asia-Europe Dialogue MICIC There are commonalities between them: The Sri Lankan government participates in each of these processes. Ensuring CSO representation is a challenge in each process Human rights and the rights of migrant workers should be a central concern of all The meetings, recommendations and discussions of all can have impacts on the situation of Sri Lanka s migrant workers Meetings of all these processes are taking place in 2016 William posed some key challenges: What does this mean for advocates for migrant workers, how should these processes be viewed and how can we not be overwhelmed? - We can build capacity - We can see this as an opportunity to raise up and integrate our advocacy - The processes provide alot of spaces to move forward our advocacies for the rights and welfare of Migrant workers HOW WE MOVE FORWARD? CSOs working on this cause should discuss this with the government in order to help the rights of the MW This is also a very good time to work together with the Sri Lankan government to give suggestions on what needs to be done based on the issues that MW are experiencing Engage with the processes 13

14 Participants then divided into groups to map out the next steps what they wanted to do following the program. Next Steps: It was agreed that they would like to form a network out of the DTP participants (but not limited to them) Initial discussion among the network o Identify issues and work on the issues in terms of the processes o Solve issues national and regional level Make action plans on each of the processes and share responsibilities/ Resources mobilization Reporting,Data Collection, and Networking Identify allies o Information o Human resorces Communication/media strategy Awareness raising programs/campaigns Organizers (1-3 members)---representatives from all the provinces Focal Points (Coordinator and convenor)---community based/research/legal/information/ Create Constitution---Wokplan----Secretariat----Central Committee----President---- Regional Coordinator----Working groups William advice was that they needed to come together on their own. They needed to work step by step. Take the first part of the organizational structure and wait till it evolves. Organizations willing to help on the spaces to meet: Sarvodaya Women s movement Helvetas Good Shepherd Three of the participants agreed to take on the role as focal persons to guide and lead the next steps: Sujeewa; Ranjan (focused on the Colombo Process); Subajini EVALUATION: The final session of the day involved completing written evaluation forms and a final shared reflection where most participants contributed. In this session, the participants were joined by the Swiss Ambassador to Sri Lanka. The feedback and reflections were very warm and positive with participants in many cases explaining how much they had valued participating and the knowledge, skills and networks they had built over the past 18 months. 14

15 The final act of the program was the awarding of UNSW/DTP certificates to the participants. 15

16 Appendix 1: Background to the Program Background to the Program The need for capacity building was identified by SDC and HELVETAS Sri Lanka, recognizing that it is crucial to strengthen and support local organizations in advocating for migrants rights at national and international level. The Diplomacy Training Program (DTP) and Migrant Forum Asia (MFA) have worked together since 2004 to develop the capacity of advocates in Asia working for the rights of migrant workers and their families. The program is designed around 5 four-day modules, with assignments and exercises to be completed by participants between these sessions. The program strategy envisaged a core group of advocates who would complete all modules, with additional participants invited to participate in specific modules to build wider knowledge and links. Rationale for Programme The execution in Saudi Arabia of Sri Lankan housemaid s Rizana s in early 2013 served as one of the main triggers to the formal formation of a new network, the Migrant Forum Lanka (MFL), which consists of almost 20 organizations, including trade unions, civil society and research institutions working on the protection of migrants rights. There is acknowledgement of the need to improve coordinated and strategic advocacy to defend and promote the rights of Sri Lanka s migrant workers. The objectives for this project are to work with participants to: o Develop effective strategies to advocate for better protection of migrants, including in destination countries. o Learn about and from migrant protection systems in other Asian labour sending countries to support the government in implementing changes/improvements of the existing systems and mechanisms in Sri Lanka; o Explore how Sri Lankan advocates can more effectively influence respect for the rights of migrants in destination countries o Develop knowledge and skills on how to engage with and influence the private sector involved in labour migration o Develop alliances and networks and skills in building and sustaining networks Participant Expectations: At the beginning of the first module participants were asked to spend some time discussing their expectations from participation. Better understanding of the status of migrant workers (situation/context) in Sri Lanka and countries of destination 16

17 Understanding the Sri Lankan labour migration policy and identifying the gaps and loopholes in law and policy that need to be addressed to ensure rights of migrants are protected/upheld Identifying the services available to migrant workers and ensuring that these are available in rural areas as well Build knowledge about international experiences / initiatives in dealing with migrant rights Developing new advocacy and lobbyiing strategies/plans to address migrant workers issues To develop a strategic plan to lobby governments Knowledge on how to gain access to resources to design and implement sustainable initiatives Establish a safe migration network Key Issues for Migrant Workers Participants then spent some time in the first module discussing and identifying key issues for Sri Lanka s migrant workers: 5.1 Sri Lanka: Lack of data/documentatio Lack of adequate information for workers regarding job placements and unsuitable placements Lack of sharing and coordination among stakeholders Decentralization of services and ineffective implementation, including Predeparture preparations Recruitment process / recruitment agents Gaps in complaints handling mechanism Lack of legal aid in migration Inadequate understanding of the requirements of returnees Breakdown of the family unit C189 ratification Apparent lack of Protection strategy Trafficking within the labour migration process is inadequately addressed 5.2 Countries of destination Middle East: Apparent lack of Protection strategy Contract violations- Non-Payment of Salaries Physical and mental torture/ abuse The Kafala system and the lack of freedom of movement, association, assembly, 17

18 Sharia law very harsh penalties under Sharia and the terms of punishment needs to be completed in the host country. There are no MOUs which allow prisoners to be brought back to the country of origin. Language barriers, Lack of legal redress (SLBFE say only 4% of MWs to SA complain, this is challenged and there is also a view that workers do not wish to complain through SLBFE) Lack of MoUs and bilateral agreements Deployment bans in some countries that are seen as discriminatory Lack of respect for human rights. Monthly salaries are not being paid. Pay slips are being signed but wages are not being paid. This list is not seen as exhaustive, but as a useful start for having a shared understanding for some of the key areas for future advocacy and collaboration. 18