Globalization and the Female Migrant Worker:
Can Transnational Employment Opportunities
Improve Gender Equality in Sri Lanka?
By: Rita Gara
ritamg71@msn.com
In Completion of the Graduation Writing Requirement, Northern Illinois
University College of Law
Women, Law and The Global Economy
Law 900, Fall 2008
Professor Elvia R. Arriola
I. INTRODUCTION
Sri Lanka is often described as the Teardrop of India. A beautiful island,
resplendent with golden beaches, ancient cities, and a rich historical culture, this island
has become a tourist’s paradise. For many of the Sri Lankan Natives however, life on the
island is anything but a vacation. Due to meager economic opportunities, life for many
Sri Lankans has turned into an economic struggle. Within this economic struggle lies a
second struggle, one for female equality. In the traditional male headed household, it is
the husband who is the breadwinner of the family. This role has been increasingly
difficult to maintain however, as job opportunities for men are flagging and the
opportunities that do exist often pay a pittance.
At the same time, the globalization phenomenon has touched Sri Lanka and with
its arrival, created a multitude of transnational job opportunities, primarily female
oriented, that pay far more than the Sri Lankan male could earn at home. What many
would describe as a solution, also bears its own costs. A country and culture that
historically places women in a subservient and dependent role in relation to men may not
be prepared to accept a new class of financially independent, internationally travelling,
population of women. Globalization, with its promise of expanded opportunities and
horizons has the potential, in theory, to change the balance of gender roles and
inequalities existing in countries that have been traditionally male-oriented, but will it
live up to its hype? This paper asserts that despite the rapidly growing entry of Sri
Lankan’s female population into the international workforce, the Sri Lankan female
migrant worker remains tied to the patriarchal past of her country and has not achieved
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gender equality. Further, globalization may have the effect of burdening the female Sri
Lankan in that she now has the responsibility to provide financially for her family, often
leaving her children for years, yet achieves no increased independence upon her return.
Before looking at Sri Lanka specifically, a brief discussion of globalization is
appropriate. Globalization has become a hot topic for discussion among social, political,
and economic scientists, as well as the population at large. But what is globalization and
how do we feel is its impact? Globalization has been described as “a process of
interaction and integration among the people, companies, and governments of different
nations, a process driven by international trade and investment and aided by information
technology.1 Merriam Webster’s definition of Globalization is that it is “the development
of an increasingly integrated global economy marked especially by free trade, free flow
of capital, and the tapping of cheaper foreign labor markets.2 There is talk of a
“flattening world” with the advent of globalization, brought about by our ability to
connect and collaborate with one another all over the world with ever-increasing ease.3
Globalization incorporates the idea that the advancement of technology has brought about
increased opportunity for transnational travel, communication, and economic
opportunities such that borders and boundaries may have to be re-thought – essentially,
our world is shrinking.
Globalization has been praised for creating economic opportunities of a lifetime
for those with traditionally limited opportunities within their home countries. Others
caution that it allows for increasing exploitation of the vulnerable. But while economics
1
Carnegie Endowment for International Peace, www.globalization101.org/What_is_Globalization.html?,
(last visited Dec. 17, 2008).
2
"globalization." Merriam-Webster Online Dictionary. 2004. http://www.merriam-webster.com (last
visited Dec. 17, 1008).
3
Thomas Friedman, The World is Flat 6-8 (Further Updated and Expanded, Picador 2007) (2005).
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may be the driving force of the globalization movement, its social and cultural
components cannot be overlooked. Author Joseph Stiglitz asserts that globalization has
enabled developing countries to experience a much more rapid growth rate than would
have otherwise been possible.4 Further, as a result of this economic growth, citizens of
developing countries have a much higher standard of living and are living longer because
of it.5 Stiglitz goes on to say that “globalization has reduced the sense of isolation felt in
much of the developing world and has given many people in the developing countries
access to knowledge well beyond the reach of even the wealthiest in any country a
century ago.”6 But trade and information aren’t the only forms of interaction that
globalization has touched. As global travel becomes cheaper and more accessible, and
countries acquire more wealth, one of the most valuable exports a developing country
has, is often its citizens, and more specifically, its female citizens. Sri Lanka has
experienced this first hand, as there is an ever increasing demand for female domestic
help in the oil rich Gulf States of the Middle East. In order to better understand the
interplay between globalization and the citizens of Sri Lanka, it is first necessary to
understand the different dimensions of Sri Lanka that produce the current conditions
today with respect to globalization and its female population.
II. A PROFILE OF SRI LANKA
Many developing countries have participated in the new wave of job opportunities
created by globalization. These countries share a similar mix of ingredients that
contribute to a country climate eager to take advantage of such opportunities. These
ingredients include the increasing ease of transnational travel, civil wars, oppressed
4
Joseph E. Stiglitz, Globalization and its Discontents 4 (W.W. Norton & Company 2003).
Id.
6
Id.
5
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populations (including women and poor rural villagers), and depressed economies. This
part of the paper will examine Sri Lanka’s historical background, religious make-up,
political identity, on-going civil war, economy, status of women, and their experience
with migration in an effort to contextualize where women, migrant workers, and
globalization fit in.
A. Historical Background
Sri Lanka is home to several ethnic populations. The Sinhalese population
comprises the majority ethnic population, while the Tamils represent the largest ethnic
minority.7 It is believed that The Sinhalese migrated to Sri Lanka from northern India
around 6th Century B.C.8 The Tamil population is made up of two distinct groups. The
Sri Lankan Tamils had a presence in Sri Lanka for centuries, migrating from the southern
part of India.9 The Indian Tamils came to Sri Lanka during the 19th Century, at the hands
of the British, who put them to work as tea and rubber plantation workers.10 In addition
to the Indian settlers, this small island was exposed early on to foreign cultures. Because
of its prime location among trading routes, Sri Lanka represented an ideal location for
colonization.11 In early 16th century, Portuguese traders began to control the Sri Lankan
7
UNESCO Bangkok, Country Profiles, Sri Lanka, 6,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008); Central Intelligence Agency, The World Factbook, Sri Lanka,
https://www.cia.gov/library/publications/the-world-factbook/geos/ce.html (last visited Dec. 18, 2008).
8
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
History, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
9
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
People, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
10
Id.
11
UNESCO Bangkok, Country Profiles, Sri Lanka, 2,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
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economy, and did so until the arrival of the Dutch in the 17th century.12 The Dutch were
ousted by the British in the in the late 18th century. The British named the country the
Crown Colony of Ceylon, established a plantation economy, and allowed the people
limited self-rule.13 Ceylon attained its independence in 1948.14 In 1972, the country
became a commonwealth republic renamed Sri Lanka.15
The geography of the country dictates much of Sri Lanka’s economy and cultural
variations.16 Sri Lanka is a small island country roughly the size of West Virginia.17 It is
ecologically separated by wet and dry zones; it encompasses both highlands known for
their tea plantations and gem mines, as well as coastal lowlands rich with coconut,
rubber, and cinnamon estates.18 Due to its coastal nature, there is an extensive fishing
industry, as well as a tourist population who come to enjoy its many beaches and ancient
cities.19
Historical development of the country determined in large part, the location of
different ethnic populations. Sri Lanka has a diverse population encompassing multiple
12
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
History, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
13
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
History, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
14
Id.
15
Patrick Peebles, The History of Sri Lanka 124 (Greenwood Press 2006).
16
UNESCO Bangkok, Country Profiles, Sri Lanka, 2,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
17
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 3 (Cornell University Press 2000).
18
UNESCO Bangkok, Country Profiles, Sri Lanka, 2,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
19
UNESCO Bangkok, Country Profiles, Sri Lanka, 2,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
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ethnicities, languages, and religions.20 The Sinhalese comprise the majority ethnic group
and are largely Buddhist; they also generally speak the official national language
Sinhala.21 The Sinhalese majority reside primarily in the Southwest.22 The largest ethnic
minority is comprised of the Tamils; however they are distinguished further as the Sri
Lankan Tamils and the Indian Tamils. The Sri Lankan Tamils reside primarily in the
North, however they can be found throughout the country.23 The Indian Tamils, who
were brought to Sri Lanka by the British, have largely remained in south-central Sri
Lanka, location of the tea plantations for which they were brought to work on years
prior.24 Tamil, while not the official language is the second national language spoken by
the largest minority.25 Seven to eight percent of the population is of Moor ethnicity, with
a small remaining percentage comprised of Burghers (those who can trace their ancestry
back to Europe) and others.26
B. Religious Make-up of Sri Lanka
In addition to being a multi-ethnic, multi-linguistic country, Sri Lanka is also
home to several religions. Buddhism is the majority religion, being the religion of choice
20
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
People, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
21
UNESCO Bangkok, Country Profiles, Sri Lanka, 6,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
22
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
People, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
23
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
People, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
24
Id.
25
UNESCO Bangkok, Country Profiles, Sri Lanka, 7-8,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008); Central Intelligence Agency, The World Factbook,
https://www.cia.gov/library/publications/the-world-factbook/geos/ce.html (last visited Dec. 18, 2008).
26
UNESCO Bangkok, Country Profiles, Sri Lanka, 6,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).; Central Intelligence Agency, The World Factbook,
https://www.cia.gov/library/publications/the-world-factbook/geos/ce.html (last visited Dec. 18, 2008).
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for upwards of 75% of the population.27 Additional practiced religions include
Hinduism, Islam, and Christianity.28 Religion plays a vital role in the lives of Sri
Lankans, and is incorporated into their political landscape as well. The Sri Lankan
constitution affords the right to people to engage in the religious practice of their choice,
but holds Buddhism in a favored and protected position.29 Various government offices
have been established, specific to a particular religion, whose goals range from the
protection of historical cites, monitoring relations between government and religion, as
well as addressing cultural issues.30 Religion is required coursework for students, and
parents decide which religion their child will study.31 Religion affects legal aspects of
the Sri Lankan citizen because many legal issues, such as divorce and related family law
issues, as well as inheritance issues, are decided by the “customary law of each ethnic or
religious group.”32 Some of these “religious laws” have specific and severe impacts on
women. For example, the minimum age a woman was legally allowed to be married in
Sri Lanka had been 12.33 In 1995, that age was raised to 18 except for the Muslims who
remained committed to their traditional practice which does not provide for a minimum
age.34 Author Walter Nubin noted “the application of different legal practices based on
27
UNESCO Bangkok, Country Profiles, Sri Lanka, 7,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
28
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 9 (Walter Nubin,
Nova Science Publishers, Inc. 2002).
29
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 10 (Walter Nubin,
Nova Science Publishers, Inc. 2002); U.S. Department of State, Bureau of South and Central Asian Affairs,
Background Note: Sri Lanka, People, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18,
2008).
30
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 10 (Walter Nubin,
Nova Science Publishers, Inc. 2002).
31
Id. at 10-11.
32
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 11 (Walter Nubin,
Nova Science Publishers, Inc. 2002).
33
Id.
34
Id.
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membership in a religious or ethnic group may result in discrimination against women.”35
Muslim Personal Laws in particular reach very harsh results for women in terms of equal
treatment; attempts at reform however, have proven near impossible.36 Many in the
Muslim community have fought outside attempts at reform of their personal laws, seeing
such actions as violating the “religious identity of the Muslim community and an attempt
to tinker with the word of God.”37 The interplay of government and religion, and the
tradition of allowing individual religious laws to trump the constitutional guarantees of
certain rights to the people, such as gender equality, serves to hinder the overall
advancement of gender equality and human rights.38
C. Political Landscape
Sri Lanka was established as a republic form of government in 1972.39 In 1978, a
new constitution was written, which was French influenced, and reformed the former
weak office of the president into a much stronger position as chief of state and head of
government.40 The president is popularly elected for six year terms, and may be reelected for a 2nd.41 In addition to the president, there is a prime minister, largely a
ceremonial title, and a unicameral parliament.42 The Judicial Branch has as its highest
35
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 11 (Walter Nubin,
Nova Science Publishers, Inc. 2002)
36
Chulani Kodikara, Engaging With Muslim Personal Law in Sri Lanka: The Experience of MWRAF, ¶ 1
(Aug. 2003), http://www.lines-magazine.org/Art_Aug03/Chulani.htm.
37
Id.
38
Id.
39
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka, PostIndependence Politics, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
40
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Post-Independence Politics, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008);
Central Intelligence Agency, The World Factbook, https://www.cia.gov/library/publications/the-worldfactbook/geos/ce.html (last visited Dec. 18, 2008).
41
Central Intelligence Agency, The World Factbook, https://www.cia.gov/library/publications/the-worldfactbook/geos/ce.html (last visited Dec. 18, 2008).
42
Id.
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court, The Supreme Court, and also has a Court of appeals.43 Muslim personal law gets
adjudicated in local courts called “Quazi” courts.44 Other various judicially created
boards or bodies, established statutorily, are empowered to resolve more local disputes.45
There are two major political parties in Sri Lanka who continually battle for control of
the political landscape; they are, the Sri Lanka Freedom Party (SLFP) and the United
National Party (UNP).46 In addition to the political struggles between these two parties,
minority political groups often speak with a very loud voice. The Liberation Tigers of
Tamil Eelam (LTTE) represent a militant group of Tamils who seek an independent
state.47 The LTTE has become a powerful and destructive force with its employment of
guerilla tactics.48
D. Civil War
Culture, ethnicity, religion, and language play such a vital role in the life of the
Sri Lankan that differences among the population, in particular, between the Sinhalese
and the Tamil people, have led to an inordinate amount of unrest and bloodshed. Many
of the Tamil population have feared suppression by the Sinhalese majority.49 Acts such
as the declaration that Sinhala was the official language of Sri Lanka fueled claims of
43
UNESCO Bangkok, Country Profiles, Sri Lanka, 3,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
44
UNESCO Bangkok, Country Profiles, Sri Lanka, 3,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_1.pdf (last
visited Dec. 18, 2008).
45
Id.
46
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 4 (Walter Nubin,
Nova Science Publishers, Inc. 2002).
47
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Communal Crisis, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
48
Barbara Leitch LePoer et al., Sri Lanka: Current Issues and Historical Background 3 (Walter Nubin,
Nova Science Publishers, Inc. 2002).
49
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Communal Crisis, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
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discrimination by the Tamils.50 After growing unhappiness with the educational and
agricultural policies of the Sri Lankan Government, many Tamils began to seek their own
independent Tamil State.51 Some groups fought for this ideal politically, while others
pursued separatist goals through force.52 In 1983, this conflict escalated to a Civil War.53
Over the next twenty plus years, violence has wreaked havoc within the Country.54 There
have been brief moments of peace, both sides agreeing to ceasefires, but such peace
ultimately has not been sustained.55 Violent attacks by the militant Liberation Tigers of
Tamil Eelam (LTTE or Tamil Tigers) have included suicide bombings, attacks on
shopping centers, tourist attractions, as well as political assassination attempts.56 Such
actions by the LTTE have led to their designation by the United States Government, as a
foreign terrorist organization as well as their being banned by the European Union as a
terrorist organization.57
E. Sri Lankan Economy
The Sri Lankan economy was expected to thrive in the post-colonial era.58 The
country had not suffered much during the transition to an independent state; they had a
booming plantation crop industry, and the people of the country were for the most part a
literate and able citizenry.59 But years of poor economic decision-making, corruption,
50
Id.
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Communal Crisis, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
52
Id.
53
Patrick Peebles, The History of Sri Lanka 135 (Greenwood Press 2006).
54
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Communal Crisis, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
55
Id.
56
Id.
57
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Peace Process and Resumption of Conflict, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18,
2008).
58
Patrick Peebles, The History of Sri Lanka 137 (Greenwood Press 2006).
59
Id.
51
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and waste have taken its toll on the economy.60 Shifts in governmental ideologies have
produced both socialist policies as well as more liberalized free market strategies.61 Sri
Lanka’s 2007 Gross Domestic Product was approximately $32 billion, giving them a
worldwide ranking of 77 according to World Bank statistics.62 Currently, the service
sector, including wholesale and retail trade, hotels and restaurants, transport and
communication, and financial services, comprises approximately 60% of Sri Lanka’s
gross domestic product.63 Industry comprises the second largest portion of the gross
domestic product, with agriculture, once the predominant economic factor, now finishing
last, consisting of only 12% of the gross domestic product.
Poverty remains a national problem encompassing approximately 15% of its
population.64 There exists a dramatic disparity in income between the rural and urban
populations; a dearth of job opportunities for those in rural areas, enhanced by the
decreased importance of agricultural export earnings have compounded this poverty.
Where we begin to see the gender factor in relation to Sri Lanka’s economy is in
its unemployment numbers. Unemployment has traditionally hit the female population of
Sri Lanka much harder than the male population. Statistically, over the years, female
unemployment has been double that of male unemployment.65 So while gender equality
60
Id. at 137-139.
Patrick Peebles, The History of Sri Lanka 140-44 (Greenwood Press 2006).
62
The World Bank, Gross Domestic Product 2007 2,
http://siteresources.worldbank.org/DATASTATISTICS/Resources/GDP.pdf (last visited Dec. 18, 2008)
63
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Economy, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008); Central Bank of Sri
Lanka, Gross Domestic Product by Industrial Origin at Current/Constant (2002) Prices of Major Economic
Activities – Quaterly (2006-2007) Table 1.08,
http://www.cbsl.gov.lk/pics_n_docs/08_statistics/_docs/xls_real_sector/table1.08.xls.
64
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Economy, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
65
UNESCO Bangkok, Country Profiles, Sri Lanka, 24-27,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_3.pdf (last
visited Dec. 18, 2008).
61
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may be touted as a national goal, the reality speaks of something different. The reality is
that the majority of females in the Sri Lankan workforce are employed in underpaid, low
to no skilled positions experiencing little or no upward “occupational mobility.”66 As a
result of these conditions, the opportunity to make a higher wage as domestic worker
overseas appeals to many of the female citizens.
The entry of the Sri Lankan female into the international work force created a new
source of foreign exchange in the form of remittances. Remittances have become of
critical importance to the Sri Lankan economy. It is estimated that remittances totaled
approximately $2.5 billion dollars in 2007, which would mean they represent almost 8%
of the gross domestic product.67 Not only do these payments back home significantly
improve Sri Lanka’s balance of payments, the lack of such income could imperil the
foreign exchange reserves as well as the exchange rate.68 Much of the trade deficit
experienced in Sri Lanka has been offset by remittances; they represent a larger amount
of foreign exchange than the income earned from many exports, and additionally,
represent more earnings than dollars received from both tourism and foreign aid.69
F. Migration
Located so close to the oil rich countries that comprise the Gulf Cooperative
Council, Sri Lankan citizens are in the perfect position to take advantage of the
increasing job opportunities that exist there. Originally, heavy male migration out of Sri
Lanka into the Gulf countries of the Middle East occurred because there was a need for
The Sunday Times Online, Gender Gap in Lanka’s labour market:UNDP, Feb. 3, 2008,
http://sundaytimes.lk/080203/News/news008.html.
67
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Economy, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
68
The Sunday Times Online, Remittances, the Lifeblood of Sri Lanka’s Economy, May 18, 2008,
http://sundaytimes.lk/080518/Columns/eco.html.
69
Id.
66
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construction workers after oil prices skyrocketed.70 As the need for construction workers
waned, female migration began to increase as many women traveled abroad to accept
employment as domestic workers.71 With an economy devastated by civil war, natural
disaster (2004 Tsunami), and weak economic policies, foreign wages often represent the
best chance to move forward financially. Since the large abundance of available foreign
jobs lies within the domestic carework stratosphere, an area typically considered
“woman’s work”, it often falls upon the female of the household to go to work abroad.
Accepting such an opportunity, however, does not simply provide the Sri Lankan family
with a means to support themselves. Set within the framework of a society that
traditionally relegates the woman to a subservient, domestic role within the home,
sending a female spouse abroad to earn a living for the family can cause much discord
and upheaval as traditional roles are challenged.
G. Status of Women
Traditional Sri Lankan ideals place the female into a subservient role to her male
counterpart.72 This ideal invades all facets of Sri Lankan life. At home, it is the woman
to whom childcare and other domestic duties almost always falls.73 As is typical around
the world, such work is generally not recognized for its contribution to the society, or the
economy. Additionally, when the sole responsibility for childcare and the home falls
upon the woman, it restricts her ability to contribute in other ways. This occurs in spite
70
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 15, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
71
Id.
72
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 193-94 (Cornell University Press 2000).
73
R. Hensman, A Feminist Movement in Sri Lanka: The Potential and the Necessity (1993),
http://www.tamilcanadian.com/page.php?cat=55&id=351.
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of the fact that Sri Lanka has achieved near equal literacy rates among men and women,
due to their free access to education policies.74
The Sri Lankan female, as compared to females in other developing nations, is
considered to be far better off.75 Although Sri Lankan females may fare better in
educational opportunities and representation within the workforce, this does not mean
that their position and treatment is equal to that of their male counterparts, or, that they
share basic equal human rights. Violence towards women in Sri Lanka is far too
common and has nestled itself within mainstream attitudes.76 The reality for many Sri
Lankan women is that a certain amount of domestic violence, directed towards them, is
acceptable and expected.77 It becomes evident when examining the individual stories of
female Sri Lankan migrant workers, as this paper does in the following section, that the
re-structuring of long-held traditional patriarchal norms with respect to males as
breadwinners can have violent and disastrous results when challenged.
III. A PORTRAIT OF THE SRI LANKAN MIGRANT WORKER
With the hope of financial stability and a life lifted out of poverty, transnational
jobs appeal to the impoverished and most vulnerable populations of developing countries.
In addition to the promise of high wages, these global jobs have the potential to ignite a
change in the traditional male dominated gender roles placed upon Sri Lankan women.
In order to better appreciate the impact globalization, in this form, has had on the female
population of Sri Lanka, it is illuminating to examine the individual experiences of
74
UNESCO Bangkok, Country Profiles, Sri Lanka, 20,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka (last visited Dec. 18,
2008).
75
OMCT, Violence Against Women in Sri Lanka, 11 (Nov. 2002),
http://www.omct.org/pdf/VAW/SriLankaEng2002.pdf.
76
R. Hensman, A Feminist Movement in Sri Lanka: The Potential and the Necessity (1993),
http://www.tamilcanadian.com/page.php?cat=55&id=351.
77
Id.
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women through narratives. The stories of the individual women are unique yet share
common threads at the same time. They offer insight into the reality of the female
migrant worker, as well as some insight as to how they view their status and place as well
as how others view their status and place. It also crystallizes the precarious balance of
the pros and cons of accepting such an “opportunity”. The narratives below will illustrate
the successes, disappointments, and dangers associated with working abroad, with
particular focus on finances, family relationships, and abuses.
A. A Struggle for Financial Control: Ranjani’s story
Author Michelle Ruth Gamburd conducted an in depth study of Sri Lankan
migrant workers, and captured the essence of their struggles in her book The Kitchen
Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant Housemaids; the story of
Ranjani, the women discussed in this section was chronicled in her book. Ranjani and
her husband Sarath received a piece of land from a government land distribution in
1980.78 They began construction of a large house on this land with money earned by
Ranjani’s two years of employment abroad in Saudi Arabia.79 She took another
transnational job in Jordan, and the couple used the funds she sent home from this job to
continue construction of the house.80 It was during Ranjani’s time in Jordan, that issues
between the couple escalated. Sarath was suspected of being unfaithful to Ranjani with a
woman in the neighborhood.81 In addition to this, the couple began fighting over how
Ranjani’s remittances were to be spent.82 Ranjani wanted to send some of her earnings to
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 129 (Cornell University Press 2000).
79
Id.
80
Id.
81
Id.
82
Id.
78
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her parents, but Sarath objected.83 Ranjani decided to send her parents money anyway, in
secret, and when Sarath found out, a fight between Sarath and Ranjani’s parents occurred,
resulting in a broken leg for Ranjani’s father.84 Sarath ended up selling their home and
land for significantly less than its value and purchased another home that was located
further from Ranjani’s parents, while she was still working in Jordan.85 Ranjani said she
suffered beatings at the hand of her husband in an effort to keep her away from her
parents.86 She said that Sarath burned her identity card and her clothing, sold their home
at a loss, took the money from the sale, and left to live with his lover in another village.87
Ranjani was unable to prevent the sale of their home because their bank account and land
were held in Sarath’s name.88 At this point, she went back to work abroad, in Kuwait.89
This time, Ranjani sent money home to her mother who used it for paying off loans as
well as for household expenses.90 After her stint in Kuwait, Ranjani worked for several
years in Abu Dhabi yet still saw no significant advancement in her financial situation.91
Finally, after a three year stint back in Jordan, she had put away enough money to enable
her to buy a small piece of land and begin the construction of a house.92
B. The Price of a Voice: Kamala’s story
Kamala is another woman whose story is chronicled in Michelle Ruth Gamburd’s
book The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 129 (Cornell University Press 2000).
84
Id.
85
Id.
86
Id.
87
Id.
88
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 129 (Cornell University Press 2000).
89
Id.
90
Id. at 129-130.
91
Id. at 130.
92
Id.
83
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Housemaids.93 Her story details many of the struggles and consequences women face
when deciding to take jobs abroad. Kamala worked for several years abroad in the
United Arab Emirates.94 She was employed as a domestic servant whose responsibilities
included caring for nine children, feeding livestock, and completing other household
chores such as laundry, cleaning, and cooking.95 Kamala described herself, within the
context of her life abroad, as a strong, self-reliant, decisive, assertive, self-confidant
person who saw her situation improve whenever she stood up for her rights.96 In
contrast, she felt that she lacked any control over her life in Sri Lanka.97 Kamala stated
that she took work abroad to improve her family’s situation, hoping to buy their family’s
rented house, or buy land to build their own home on.98 She asserted that her husband,
Pradeep, did not buy any land for them with her earnings, and additionally would not
allow her to have access to the money she had earned.99 She said that he would not allow
her to give money or gifts to her side of the family, causing tension with her relatives.100
While Kamala worked abroad, her mother, Caroline, took care of Kamala and Pradeep’s
children during the day.101 Tensions between Kamala, Pradeep, and Kamala’s mother ran
high as they disagreed about the value of Caroline’s services. Caroline felt that she was
not appreciated appropriately for her role in the care-taking of their children.102 Pradeep
believed that Kamala’s family took items from his house while he was gone, and
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids (Cornell University Press 2000).
94
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 131 (Cornell University Press 2000).
95
Id. at 131-132.
96
Id.
97
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 132 (Cornell University Press 2000).
98
Id.
99
Id.
100
Id.
101
Id. at 131.
102
Id.
93
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complained of the regular monetary requests he received from Caroline, feeling that they
were excessive and inappropriate coming from a grandmother.103 Additionally, Pradeep
became angry when he discovered that Kamala’s family had sent requests in secret to
Kamala, requesting that she send them money, which she did.104 Kamala claimed that
Pradeep refused to allow her to go abroad again.105
Pradeep’s control of Kamala’s earnings was certainly a source of tension between
the two, however, he did make some financial decisions that benefitted them. The loan
that Kamala took out to finance her work abroad totaled the equivalent of one year of her
salary.106 Pradeep paid back this loan with one year of her earnings, and also bought a
cinnamon garden.107 A loan he made to a local woman caused much tension between the
two, as it appeared that the loan was not going to be repaid.108 Ultimately, according to
Pradeep, the loan turned out to be a good investment, because he was able to collect
double the amount he loaned by charging interest, due to her late repayment.109 The
initial amount of the loan, however, varies depending upon who is telling the story.110
In describing the same events that Kamala had discussed, relating to her
employment abroad, Pradeep relayed a different tale. He claimed that in addition to
constant requests for money, his in-laws sent letters to his wife relaying stories about his
behavior back at home, that were untrue.111 He asserted that they were trying to convince
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 134-35 (Cornell University Press 2000).
104
Id. at 134.
105
Id. at 132.
106
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 133 (Cornell University Press 2000).
107
Id. at 133.
108
Id.
109
Id. at 133-134.
110
Id.
111
Id. at 135.
103
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Kamala to divorce him and move back with them.112 He offered that his response to such
actions was to write his wife a letter telling her to feel free to divorce him, but that if she
did, he would kill himself along with their two children.113 When Kamala returned home
from her job abroad, Pradeep would not bring her bags into their home until she made a
choice between himself or her parents. According to Pradeep, Kamala told him that her
parents had been wrong, sending them money was wrong, and that she had not doubted
him.114
A few months after Kamala returned home from the United Arab Emirates, she
attempted suicide by ingesting a poisonous weed killer.115 Suicide occurs in Sri Lanka at
a rate higher than the majority of other nations recorded by the World Health
Organization; according to their most recent 2008 report, Sri Lankan women have the
highest suicide rate.116 Author Michelle Ruth Gamburd describes an ultimate gesture of
expression for the Sri Lankan woman:
In Sri Lanka, wives and children cannot freely express
anger or frustration against husbands and parents. Seen in
relation to her self-portrayal as decisive, independent, and
courageous abroad, Kamala’s suicide attempt represents
not only the psychological despair of alienated labor but
also the forceful expression of extreme dissatisfaction.
Bringing her grievances dramatically into the public eye,
Kamala’s action seriously challenged Pradeep’s authority
over her money, social relations, and travel plans. The
extreme nature of her protest suggested the ineffectiveness
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 135 (Cornell University Press 2000).
113
Id.
114
Id.
115
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 131 (Cornell University Press 2000).
116
World Health Organization, Suicide Rates per 100,000 by Country, Year, and Sex (2008),
http://www.who.int/mental_health/prevention/suicide_rates/en/.
112
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of less drastic measures in her struggle for a modicum of
independence.117
Kamala’s gesture placed her in a hospital bed with Pradeep at her side.118 Village gossip
claims she did it because of the rumored infidelities of Pradeep, but he claimed that she
did it because she was distraught over a fight he had gotten into with her father about a
bicycle frame.119 While in the hospital, Pradeep offered to bring Kamala poison so that
she could finish what she had started, further providing that he would also hurt or kill her
father and brothers.120 Eventually Pradeep “allowed” Kamala to work abroad again after
feeling some financial strain.121 Ultimately, they were able to buy a house and some land
with Kamala’s earnings, and Pradeep had plans for establishing a business with the future
earnings of his wife.122 While she was away at her latest job, Pradeep wrote her letters
containing his advice for her as to how she should conduct herself on the job.123 He also
expressed his belief that he was better in math and writing then his wife despite the fact
that she had “studied for more years than he had.”124 He felt in complete control of his
family, he felt happy, and that “life was 90 percent okay.”125
C. Abuses in the Workplace
The two previous stories illustrate the difficulties Sri Lankan women face at home
when they choose to participate in transnational employment; but this is only half of the
story. The other half takes place abroad in the foreign countries that these women work
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 132 (Cornell University Press 2000).
118
Id. at 135.
119
Id.
120
Id.
121
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 136 (Cornell University Press 2000).
122
Id. at 134.
123
Id. at 136.
124
Id.
125
Id.
117
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in, often for years at a time. While many jobs abroad offer the allure of paychecks
totaling amounts unavailable to Sri Lankans at home, some often come at a steep
personal price.
In 2007, Human Rights Watch compiled the stories of many Sri Lankan women
who have suffered abuses while working abroad.126 One of the constant problems Sri
Lankan domestic workers face when working abroad is the non-payment or
underpayment of their wages.127
Latha, a mother of four, left Sri Lanka for a job as a
domestic worker in Saudi Arabia.128 She reported that every time she asked her employer
for her salary, they would beat her.129 When she received word from home that her father
was ill, she again asked for her salary; they beat her again telling her that they had bought
her with their money, and therefore she basically owed them.130 In fact, figures reported
by domestic workers to Human Rights Watch suggest that in practice, women may be
paid anywhere from 18 to 40 percent below the official monthly salaries for domestic
workers.131 It isn’t uncommon for employers to withhold a domestic workers’ wages for
months at a time, or even worse, until they are ready to return home.132 If a domestic
worker flees an employer’s home because of abuse, she may never receive a cent of her
salary if they engaged in the withholding of wages.133 It is also not uncommon for
employers to arbitrarily deduct from a domestic worker’s salary a variety of expenses
ranging from medical expenses, uniforms, food, or mistakes the employer feels the
126
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
127
Id. at 44.
128
Id.
129
Id.
130
Id.
131
Id. at 46.
132
Id. at 47.
133
Id.
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worker has made with regard to her work performance.134 Many of the women worker’s
are not aware of the options available to them to help them settle these grievances, or
perceive the matter to be a lost cause given the difficulties of fighting a legal battle in a
foreign country, or from a foreign country if they have already returned home.135
In addition to lost wages, Sri Lankan domestic workers are often expected to carry
an extraordinary workload. Kumari worked abroad in Kuwait as a domestic worker.136
During her employment, she could sometimes be expected to get by on as little as 2 hours
of sleep.137 When she challenged her employer on this issue, she was told, “You have
come to work; you are like my shoes, and you have to work tirelessly.”138 Another
worker reported:
I had to cook, clean the house up and down, wash and iron
clothes, clean the tiles on the floor, and I was the only maid
in that house and I had to cook for parties in the
house…There were eight people in that last house,
including some young girls and an old lady who couldn’t
move, and I had to take her to the bath, give her a shower,
feed her food. The workload…was very heavy. I had to
cook, clean eight bathrooms, and she kept saying that I
haven’t done this and that. I had to clean the three-story
house daily, clean the walls daily…clean the backyard of
the house daily. I used to get up at 5 a.m. and finish work
at 11 p.m. If they had parties in the house, by the time I
went to sleep it was 12 a.m. or later. She never gave me
time to rest, always I had to work.139
134
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 48 (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
135
Id. at 49.
136
Id. at 61.
137
Id.
138
Id.
139
Id. at 62.
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It is the rule, rather than the exception, that these women work without even one day
of rest.140
Far more sinister than wage and hour abuses, are the stories of physical,
psychological, and sexual abuse. Ponnamma describes her brutal experience:
For one year five months, [I received] no salary at all. I
asked for money and they would beat me, or cut with me a
knife, or burn me. They burned one arm and cut it with a
knife. There are markings on my back. My body ached all
over. They would take my head and bank it against the
wall. Whenever I requested my salary, there would be a
fight.141
Lakmini bears permanent physical reminders of her days as a migrant domestic worker in
Kuwait, in the form of large scars and hands which are now deformed.142 She details her
painful story:
[My employers] badly hit me. My hair was down to my
knees. [The lady employer] cut off my hair like a
man…Everyday they wanted to see my blood. There is a
black type of band, black wire, they hit me with that. They
cut me with a knife to see my blood. They dug [cut] in my
thigh, on [my] arm…They burned my body and destroyed
it. They put a knife to the fire [gas stove] and burned
me…Every day for nine months continuous they beat
me…I can say it: for nine months I went to hell.143
Lakmini endured death threats, chlorine powder burns, and assaults with cables and hot
knives, suffering leg and hand fractures as well as the loss of ability to use her hands.144
Sexual harassment and rape are not uncommon experiences for the Sri Lankan
domestic worker. Selvakumari described her experience:
140
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 62, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
141
Id. at 57.
142
Id.
143
Id.
144
Id.
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I had no room to lock from the inside. [My employer]’s a
big man, he tried to touch me. His son also tried to do that.
I told him, “I will go to the police”…I did not have my own
room, there was a little place for me and an extra mattress
and I slept in that place. I was not able to lock the
door…He put his hand [on me] and tried to touch my
chest…Several times he tried to touch me…[W]hen I was
sleeping, he came home and removed his trousers. He
always…tried to do this. I was scared and I sat in the
corner of the bed. He said, “You don’t have to be afraid of
me.” He tried to do this again and again over nine
months.145
For some women, rape comes with the additional punishment of imprisonment. Amanthi
was a domestic worker who was raped and ultimately impregnated by her employer.146
In Saudi Arabia, where she was employed, adultery is a crime.147 Upon delivering the
child she bore as a result of her employer’s rape, Amanthi was arrested by Saudi
police.148 These particular types of crimes are difficult for the foreign worker to prove; it
usually comes down to a he said/she said battle of stories with the benefit of the doubt
generally given to the employer/citizen rather than the foreign domestic worker.149
Amanthi ultimately spent nine months in prison.150
D. Paying the Ultimate Price: Rizana Nafeek’s Story
Rizana was a young girl of 17 when she travelled to Saudi Arabia for employment
as a domestic worker in 2005.151 Living in a war torn village that was recently affected
by the Tsunami, the impoverished teen, still a school girl, was compelled by poor
145
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 60, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
146
Id.
147
Id. at 61
148
Id.
149
Id.
150
Id.
151
Feizal Samath, Rights-Sri Lanka: Migrants Deaf to Death Penalty Warnings (Oct. 22, 2008),
http://ipsnews.net/news.asp?idnews=44385.
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economic conditions to migrate.152 Under Saudi Arabian law, foreign domestic workers
must be at least 22 years old, so Rizana used a falsified passport.153 This is not an
uncommon occurrence. Some unscrupulous Sri Lankan employment agencies will prey
on the poverty of villagers and entice them to send their underage children abroad, using
payment to their parents as enticement.154 Although Rizana was recruited to be a maid,
she was soon put in charge of her employer’s newborn son, a task for which she had no
experience.155 One day, while Rizana was feeding the infant, he began choking; Rizana
shouted for help, but by the time the baby’s mother arrived, the infant was unconscious or
dead. Rizana confessed, without the aid of a translator, and was charged with the murder
by strangulation of the infant child.156 She later retracted that confession.157 During her
first appearance in court, the Saudi Police prompted Rizana to repeat her confession,
which she did.158 But upon receiving aid from a translator sent by the Sri Lankan
embassy, she was also able to relate her version of events.159 Saudi Arabia’s
incorporation of Sharia, an Islamic inspired law, allows the parents to pardon Rizana.160
When the parents of the infant refused to pardon Rizana, the Saudi court in June of 2007,
152
1 Muslim Nation, Rizana Nafeek - The teen girl facing a unjust death penalty in Saudi Arabia, (July 28,
2007),
http://1muslimnation.wordpress.com/2007/07/28/save-rizana-nafeek-the-teen-girl-facing-a-unjust-deathpenalty-in-saudi-arabia/.
153
Id.
154
Id.
155
Spare the life of Rizana Nafeek, http://www.petitiononline.com/Rizana/ (last visited Dec. 18, 2008).
156
Id.
157
Amnesty international USA, Help Prevent the Execution of a Juvenile in Saudi Arabia,
http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&b=2590179&template=x
.ascx&action=8979 (last visited Dec. 18, 2008).
158
1 Muslim Nation, Rizana Nafeek - The teen girl facing a unjust death penalty in Saudi Arabia, (July 28,
2007),
http://1muslimnation.wordpress.com/2007/07/28/save-rizana-nafeek-the-teen-girl-facing-a-unjust-deathpenalty-in-saudi-arabia/.
159
Id.
160
Feizal Samath, Rights-Sri Lanka: Migrants Deaf to Death Penalty Warnings (Oct. 22, 2008),
http://ipsnews.net/news.asp?idnews=44385.
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sentenced her to death by beheading. This sentence was passed down in spite of the fact
that Saudi Arabia is a party to the United Nations Convention on the Rights of the Child,
which expressly prohibits, in Article 37, the imposition of capital punishment on any
child below the age of 18 years.161 Rizana’s case is currently pending appeal, one that
was financed through the aid of the Asian Human Rights Commission, as it is not the
policy of the Sri Lankan Foreign Ministry to provide financial assistance for legal fees. 162
According to estimates, Saudi Arabia receives the highest number of Sri Lankan migrant
workers.163 In October, 2008, Amnesty International reported that Saudi Arabia executes
more than two people per week on average, noting that a large number of those who are
executed are “foreign nationals from poor and developing countries.164 Amnesty
International further reports that the sentencing trials typically take place in secret and
unfair trials, with the death penalty being applied in a discriminatory fashion.165 Saudi
Arabia has one of the highest execution rates for women; the judges handing down the
sentences are all men, and using their wide discretion, they can impose such a penalty for
offences that have been vaguely written, for non-violent crimes, upon people who have
not had the benefit of legal counsel, and who cannot understand the language in which
they were tried.166 The report state that some migrant workers, sentenced to death, were
161
G.A. Res. 44/25, ¶ 37, U.N. Doc. A/RES/44/25 (Sept. 2, 1990).
Asian Human Rights Commission, Saudi Arabia/Sri Lanka: Hope in the Case of Rizana Nafeek, (Oct. 6,
2008), http://www.ahrchk.net/statements/mainfile.php/2008statements/1716/.
163
Central bank of Sri Lanka, Annual Report 2005, Women Migrant Workers of Sri Lanka,
http://a.parsons.edu/~minam004/bootcampFinalProject/images/Women%20Migrant%20WorkersSri%20Lanka.pdf (last visited Dec. 18, 2008).
164
Amnesty International, Saudi Arabia Executions Targeting Foreign Nationals, (Oct. 14, 2008),
http://www.amnesty.org/en/news-and-updates/report/saudi-arabia-executions-target-foreign-nationals20081014.
165
Id.
166
Amnesty International, Saudi Arabia Executions Targeting Foreign Nationals, (Oct. 14, 2008),
http://www.amnesty.org/en/news-and-updates/report/saudi-arabia-executions-target-foreign-nationals20081014.
162
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unaware of their sentence until the morning of their execution.167 Yet despite these harsh
realities, many young girls are still willing to go, like Rizana did, to work abroad,
underage for the chance to participate in this economic “opportunity.”168
IV. IMPROVEMENT OR INJUSTICE: GENDER EQUALITY AND THE EFFECTS
OF PARTICIPATING IN A GLOBAL ECONOMY
In assuming the non-traditional bread-winner role for the family, has the Sri
Lankan migrant worker been able to balance the inequities that have characterized the
female role? This part of the paper asserts that participating in the global economy via
transnational employment has not only failed to elevate the Sri Lankan woman from her
unequal gender-inspired role, it has caused increased strife within the marital home, has
reinforced the woman’s role as a overworked, under-recognized and underpaid domestic
care-giver and housemaid, placed increasing burdens and aspersions upon the female,
placed her in unsafe, under-protected situations abroad, and failed to increase her political
and legal representation.
A. Domestic Abuses: Gender Based Violence and Inequality
The choice to work overseas is often one made as a last resort, and a means to
survive. The dismal job opportunities available for women in Sri Lanka often force them
to seek international means of economic support. The Human Rights Watch
Organization reported significant disparities between both labor force participation and
earning power among men and women in Sri Lanka.169 Many women, despite their
167
Amnesty International, Saudi Arabia Executions Targeting Foreign Nationals, (Oct. 14, 2008),
http://www.amnesty.org/en/news-and-updates/report/saudi-arabia-executions-target-foreign-nationals20081014.
168
Feizal Samath, Rights-Sri Lanka: Migrants Deaf to Death Penalty Warnings (Oct. 22, 2008),
http://ipsnews.net/news.asp?idnews=44385.
169
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 9, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
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education, end up working as unskilled laborers, for low wages in agriculture, on
plantations, in manufacturing, or as domestic workers.170 Although Sri Lankan’s labor
force is dominated by a male majority, female unemployment doubles that of male
unemployment.171 While transnational employment offers represent a solution of sorts, it
is hard to classify it as a golden opportunity when the impetus for many women to accept
such employment is the lack of equality within their domestic economy.
A much darker facet of gender inequality appears within the marital union of a Sri
Lankan man and woman. A common theme of domestic violence appears in several of
the women’s stories examined for this paper. The stress placed upon marriages, when a
spouse goes to work overseas, seems to escalate the violence tendered against women,
rather than alleviate it. A survey conducted at a hospital, located in a semi-urban suburb
of Columbo, reported that 40.7% of women had suffered abuse at the hand of their
partners:
The abuse was physical as well as verbal, emotional and
sexual and most women reacted in a submissive manner:
79% of those abused have stayed in their marriages for
more than 10 years. This submissive behavior could be
because Sri Lankan women usually lack the means to leave
their husbands and live independently and the fact that
society looks down upon such women.172
A report by the Gender-Based Violence Forum, representing a coalition of the UN and
various other international organizations, indicated that at least 60% of all Sri Lankan
170
UNESCO Bangkok, Country Profiles, Sri Lanka, 25,
http://www.unescobkk.org/fileadmin/user_upload/arsh/Country_Profiles/Sri_Lanka/Chapter_3.pdf (last
visited Dec. 18, 2008).
171
Id. at 24.
172
K.A.L.A. Kuruppuarachchi & L.T. Wijeratne, Domestic Violence and Female Mental Health in
Developing Countries, British Journal of Psychiatry (2005) 187, 587-88,
http://bjp.rcpsych.org/cgi/content/full/187/6/587-a.
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women have experienced domestic violence.173 The number of domestic violence
occurrences appears to be on the rise, while the reporting of such incidences continues to
be a problem because of social stigmas that attach.174 This is an issue that “remains
hidden in the private domain, shrouded by a veil of silence and denial.”175 Also
disturbing is the lack of legal protection for women against marital rape. Sri Lankan law
will only recognize marital rape where the parties have been judicially separated.176
While globalization and transnational employment cannot be blamed for the high rate of
domestic violence, there is absolutely no indication that women’s participation in the
global workforce has alleviated this serious, damaging, and dangerous form of gender
inequality and violence. Quite the opposite has occurred, it would seem, as evidenced by
the narratives that appear in this paper. It appears that such employment serves to
aggravate the tensions found within a marital home.
Arguments over money, childcare, and in-laws are often times inevitable. The
logistics of managing a relationship and household across international borders are rife
with complications. A migrant worker often spends years abroad. She will send her
money home to benefit her family, but then loses any control over how her hard-earned
dollars are spent or saved. Additionally, she must give up her active role as mother.
Often, as child care is viewed as women’s work, care of a couple’s children will not go to
the husband, even where he is unemployed.177 More often, it is the mother or mother-inlaw of the migrant worker who will care for the children. As the narratives included in
173
IRIN Humanitarian News and Analysis, Sri Lanka: Violence Against Women on the Rise (Nov. 27,
2008), http://www.irinnews.org/Report.aspx?ReportId=81693.
174
Id.
175
Id.
176
OMCT, Violence Against Women in Sri Lanka, 19 (Nov. 2002),
http://www.omct.org/pdf/VAW/SriLankaEng2002.pdf.
177
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 186 (Cornell University Press 2000).
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this paper illustrated, relationships with in-laws have also been affected by overseas
employment. Requests for a portion of the migrant workers earnings, or a perceived lack
of appreciation for the childcare provided often led to increased tensions and violence
among family members.
Undoubtedly, it is the self-inflicted violence, in the form of suicide that is
shocking in its commonness. A troubling statistic from the World Health Organization
indicates that Sri Lankan women have the highest suicide rate as compared to 101 other
countries, when comparing the most recently available numbers. This high rate of
suicide, as suggested in Michelle Ruth Gamburd’s book, The Kitchen Spoon’s Handle:
Transnationalism and Sri Lanka’s Migrant Housemaids, may be influenced by the
extreme frustration women feel at the lack of their independence, and their ability to
effectively initiate change within the household, despite their new, atypical role as breadwinner.178
B. Re-enforced Inequality Abroad
Although the primary focus of this paper is on effects that the Sri Lankan woman
may feel at home as a result of her foreign employment, the treatment of these women
abroad cannot be divorced from the analysis. Caring, nurturing, domestic type
housework has traditionally been relegated to women. Across all global borders, such
work has been traditionally undervalued. Consider the many mothers who, when asked
what they do for a living reply, “I don’t work” or “I’m just a stay-at-home mom”.
Domestic duties, when carried out for one’s own family is usually not considered
employment, even if qualified as unpaid. Sri Lanka is no exception. Economic statistics
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 132 (Cornell University Press 2000).
178
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generally will not include the contributions made by housewives or family workers who
are not paid.179 Migration is becoming increasingly “feminized” as the number of female
migrant workers comes close to doubling the number of male migrant workers.180 When
the predominant field of work available to these migrant women is domestic help, the
way society views and values this work becomes increasingly important. These jobs are
typically thought of as “the cast-off domestic roles of middle- and high-income women in
the First world.”181 The narratives included in this paper that chronicle abuses suffered
by foreign domestic workers illustrates the lack of respect that these women are treated
with. They are often treated like property; they lack legal protections for workplace
abuses including underpayment or non-payment of wages, and are often forced to endure
psychological, physical, and sexual abuses. Domestic workers are often excluded from
labor law protections.182 The President of Sri Lanka’s Association of Licensed Foreign
Employment Agencies provided that “There is no limit of working hours for domestic
workers; there are no such conditions for housemaids and houseboys. For others, eight
hour limit, plus overtime, and days off on Fridays.”183
It is also of note here, that these women face the harshest of punishments if
convicted of crimes abroad. As seen earlier in this paper, with the story of Rizana
Nakeef, this vulnerable population of women, goes abroad for work, alone in a foreign
Michelle Ruth Gamburd, The Kitchen Spoon’s Handle: Transnationalism and Sri Lanka’s Migrant
Housemaids 195 (Cornell University Press 2000).
180
Central bank of Sri Lanka, Annual Report 2005, Women Migrant Workers of Sri Lanka,
http://a.parsons.edu/~minam004/bootcampFinalProject/images/Women%20Migrant%20WorkersSri%20Lanka.pdf (last visited Dec. 18, 2008).
181
Barbara Ehrenreich & Arlie Russell Hochschild, Global Woman: Nannies, Maids, and Sex Workers in
the New Economy, 3 (Barbara Ehrenreich & Arlie Russelll Hochschild eds., Owl Book 2002).
182
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 112-13, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
183
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 112, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
179
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country, and can fall prey to the capricious nature of an all male judicial system that is
conducted in a language entirely foreign to them. As seen earlier in Amanthi’s story,
women can be imprisoned, after enduring their own rape, if they cannot prove that it was
not consensual because adultery and fornication is considered a crime.184
Ultimately, the lack of respect and protection provided abroad for Sri Lankan
migrant workers serves to reinforce the gender devaluation that has already been
occurring at home. 1988 was the first year that departures for foreign employment by
females exceeded that of males.185 Twenty years of female dominated migration and yet
the largest category of work, female domestic help, remains the least protected.
C. Political Representation
Women in Sri Lankan politics are starkly underrepresented. Legally, they may
be entitled to hold political positions, but the reality is that the right has not translated
into the reality. The Women’s International League for Peace and Freedom notes
“abysmal” representation by women, and cites their parliamentary participation at just
4.05% and an even lower 1.9% representation in local government.186 Additionally,
women’s participation in Municipal Councils is 3% and in Urban Councils 3.4%.187
They further note that in order for women to have any sort of influence on decision
making, within political structures, they need to have 30% female representation.188 One
of the reasons offered for low female representation is that the traditional way of thinking
184
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 60, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
185
Central bank of Sri Lanka, Annual Report 2005, Women Migrant Workers of Sri Lanka,
http://a.parsons.edu/~minam004/bootcampFinalProject/images/Women%20Migrant%20WorkersSri%20Lanka.pdf (last visited Dec. 18, 2008).
186
Peace Women WILPF, Sri Lanka: Women, Political Empowerment and Concerns (Sept. 4, 2008),
http://www.peacewomen.org/news/SouthAsia/Sept08/SriLanka Political.html.
187
Id.
188
Id.
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by the Sri Lankan woman is that the male members in office will, on the basis of
goodwill, protect their well-being.189 Another suggested reason is that the political
parties in power, due to outside pressure, give “lip-service” to the notion of increased
women’s participation, but in reality don’t evidence any real commitment to
accomplishing the goal.190 One of the more harmful perceptions is that these numbers are
okay for a developing country. By maintaining a different standard for gender equality
based on a country’s status as developed or developing may have the effect of slowing
down efforts to establish equality for women. A further impediment to female
representation in government is the social, cultural, religious atmosphere that reflects
male perceptions of women. When the August 2000 constitutional reform failed to
include a provision encouraging a quota system for female political representation, the
government’s explanation was that the Muslim and Tamil parties doubted their ability to
find capable female candidates.191 These statistics are curious when viewed in light of
the fact that Sri Lanka had the “first female chief executive in modern times.”192
Sirimavo Bandaranaike came into power in 1959 after her husbands assassination and
held power for 5 years.193 Although she lost power in 1965, she returned to office several
times as prime minister, ultimately resigning in 2000 for health reasons.194 In the face of
189
Peace Women WILPF, Sri Lanka: Women, Political Empowerment and Concerns (Sept. 4, 2008),
http://www.peacewomen.org/news/SouthAsia/Sept08/SriLanka Political.html.
190
Chulani Kodikara, Women and Politics in Sri Lanka: The Challenges to Meaningful Participation,
(Sept. 2, 2008), http://www.groundviews.org/2008/09/02/women-and-politics-in-sri-lanka-the-challengesto-meaningful-participation/.
191
Online Women in Politics, Governance, Decision-Making and Transformative Leadership, Women’s
Situation in Sri Lanka, http://www.onlinewomeninpolitics.org/lk/lkmain.htm#wompol (last visited Dec. 18,
2008).
192
U.S. Department of State, Bureau of South and Central Asian Affairs, Background Note: Sri Lanka,
Post-Independence Politics, http://www.state.gov/r/pa/ei/bgn/5249.htm (last visited Dec. 18, 2008).
193
Id.
194
Id.
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such dismal representation, it is hard to find any place where participation in the global
economy has effectuated the increase of a political voice for women in Sri Lanka.
D. Globalization and Sri Lankan Law: A Gendered Approach
The Sri Lankan government, in an effort to protect and preserve Sri Lankan
families, approved a memorandum by the Minister for Women Empowerment and Child
Welfare, which would ban women with children younger than five year of age, from
migrating abroad for work.195 In addition, women with children five years of age or older
would have to obtain permission to migrate, from a government committee.196 These
women would be unable to work abroad unless they can successfully prove that they have
adequate childcare.197 There is no similar requirement for men. Although this ban has
been approved, it has not yet been ratified by Sri Lanka’s parliament.198 Faced with
many protests from both local and international groups, the Sri Lankan Minister of
Foreign Employment, Promotion and Welfare offered that the plan was to be
reconsidered, yet reminded people that they will do what they consider to be best for the
migrant worker.199 The Sri Lankan Foreign Employment Bureau supported the ban
asserting that it was long overdue.200 In taking to task the Sri Lankan government, the
Migrant Forum in Asia cites several ways this ban will violate both international and
domestic law.201 Specifically, they cite Article 13 of the Universal Declaration of Human
Migrant Forum in Asia, Uphold Women’s Rights to Development and Fundamental Freedom! (April 3,
2007), http://www.mfasia.org/mfaStatements/Statement68-SriLankaMarch2007.html.
196
Id.
197
Id.
198
Migrant Forum in Asia, Government Re-considers Ban on Young Mothers Working Overseas, (May 13,
2007), http://www.mfasia.org/mfaStatements/F99-Govtreconsidersban.html.
199
Migrant Forum in Asia, Government Re-considers Ban on Young Mothers Working Overseas, (May 13,
2007), http://www.mfasia.org/mfaStatements/F99-Govtreconsidersban.html.
200
Migrant Forum in Asia, Uphold Women’s Rights to Development and Fundamental Freedom! (April 3,
2007), http://www.mfasia.org/mfaStatements/Statement68-SriLankaMarch2007.html.
201
Id.
195
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Rights, which provides in part, the right of every person to freedom of movement,
specifically, the ability to leave and return to his or her country; Article 11 of the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) which seeks to ensure the enjoyment of human rights and freedoms for
women on an equal basis with men, and also seeks to ensure the elimination of
discrimination based upon gender, in employment opportunities; Article 16 of the
CEDAW prohibits discrimination against women with regards to marriage and family
with section (f) providing that each parent shall have the same responsibilities when it
comes to their children.202 Finally, the Migrant Forum in Asia cites Sri Lanka’s
Constitution, Article 12, which prohibits its citizens from being discriminated on the
basis of their sex.203 After more than twenty years of migrating abroad, this ban on
female migrant workers most certainly represents a step in the wrong direction. In this
case, globalization has actually hindered the advancement of gender equality in Sri
Lanka.
V. CONCLUSION
Globalization has certainly been a buzz word. It carries with it a promise of
greater connectivity, opportunity, and growth while at the same time, it has realized the
ability to increase the exploitation of our most vulnerable populations.
Sri Lanka, though small in size, has a global message it can share. Economic
globalization will never, by itself, be the answer to a developing country’s economic
problems. Until a human rights focused globalization effort gains the same power as its
Migrant Forum in Asia, Uphold Women’s Rights to Development and Fundamental Freedom! (April 3,
2007), http://www.mfasia.org/mfaStatements/Statement68-SriLankaMarch2007.html.
203
Id.
202
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economic counterpart, the spread of economic opportunities transnationally will only
allow for the continued spread of exploitation.
The individual stories of the female migrant workers relayed in this paper
illustrate several points. First, any significant change in traditional gender roles cannot
occur unless the legal structure in place will support these changes. Laws that accept
violence against women, or that fail to protect certain types of jobs traditionally held by
women, only serve to reinforce the suppression of the female population. The absence of
such protective laws continues to infect the social order that allows for the double burden
of women as wage earners plus sole care-givers and housekeepers. Second, in order for
globalized employment to represent a positive opportunity for women, sending countries
must work on an international level to support their citizens abroad, and protect them
from human rights violations. The standard of human rights is currently tiered. Factors
such as gender, race, country of origin have played a role in the amount of protection
afforded to people. Until a unified standard is applied, transnational employment, in
particular the sending of females into foreign domestic care-work, is like sending a lamb
to a lion.
The picture of gender equality painted in this paper is rather bleak. It is not,
however my assertion that it is hopeless. One of the brightest spots of hope that
globalization provides is the ease with which a wealth of information and connection to
community can be obtained. Although much of the research cited indicates little or no
advancement in the fight for gender equality, what it also evidences is the fact that there
are organizations out there that are paying attention, mobilizing people together, and
fighting to make a difference. Internet, telephone, and travel enable the sharing of stories
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on a global scale. Rizana Nafeek, the young woman sentenced to a beheading in Saudi
Arabia has a better chance of a successful appeal because of the ability of international
organizations to mount protests and gather supporters. As the stories of individuals are
shared across the many borders of this global community, the exploitation of the
vulnerable will continue to be exposed and along with this comes the opportunity for
change. Those who would benefit from the hard work of others must also be the ones to
protect them as noted by Kumari Indunil, former migrant worker:
There are more and more innocent women going abroad,
and planning to go. It is up to the women to care of
themselves. The [Sri Lankan] government gets a good
profit from us; they must take care of us. They must do
more to protect us.204
204
Human Rights Watch, Exported and Exposed: Abuses Against Sri Lankan Domestic Workers in Saudi
Arabia, Kuwait, Lebanon, and the United Arab Emirates, 1, (Nov. 2007),
http://www.hrw.org/sites/default/files/reports/srilanka1107webwcover.pdf.
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