Colombo Process
Regional Consultative Process on Overseas Employment and
Contractual Labour for Countries of Origin in Asia
Afghanistan Bangladesh
China
India
Indonesia
Nepal
Pakistan
Philippines
Sri Lanka
Thailand
SENIOR OFFICIALS’ MEETING
06th – 07th May 2014
Colombo, Sri Lanka
Vietnam
Draft as of 29-05-2014
Hosted by Ministry of Foreign Employment Promotion and Welfare
Sponsored by Swiss Agency for Development and Cooperation (SDC)
Technical Assistance by International Organization for Migration (IOM)
&
Sri Lanka Bureau of Foreign Employment (SLBFE)
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TABLE OF CONTENTS
DAY ONE – 6TH MAY 2014
1. Opening Session.............................................................................
06
2. Session One..................................................................................
09
2.1.
Colombo Process Strategy........................................................ 09
2.2.
Summary Report on CP Coordination Meetings in Geneva.................
09
2.3.
Salient Features in the General Statements made by Member States........ 11
3. Session Two: Priorities for Cooperation with Other Regional Migration Dialogue
Mechanisms.................................................................................. 14
4. Session Three: Ethical Labour Recruitment Practices: Cost Effective
Recruitment and Social Protection........................................................ 15
5. Session Four: Ethical Labour Recruitment Practices: Promoting Standard
Employment Contracts.....................................................................
20
DAY TWO – 7TH MAY 2014
6. Session Five: Labour Migration for Development: Remittances.....................
22
7. Session Six: Proposal for Self - Funding Mechanism for the Colombo Process....
29
8. Session Seven: Other 3 Thematic and Action Areas: The Way Forward............ 31
8.1. The Third Eye: Three Other Thematic Areas of Strategic Vision of
Colombo Process...................................................................
31
Post – 2015 Development Agenda...............................................
32
9. Session Eight: Concluding Statement....................................................
35
8.2.
....................................................................................
Annex 1 – Concept Note..........................................................
Annex 2 – Agenda..................................................................
41
Persons...............................................................................
51
10. Annexure:
10.1.
41
10.2.
44
10.3. Annex 3 – Schedule of the Delegates/ Observers / Participants / Resource
10.4. Annex 4 – Country Statements.................................................... 56
10.5. Annex 5 – Statement by Switzerland............................................
71
10.6. Annex 6 – Parallel Session for Observers & Officials.........................
74
10.7. Annex 7 – Press Briefing..........................................................
78
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ABBREVIATIONS
AD
-
Authorized Dealers
ADD
-
Abu Dhabi Dialogue
AGSRD
-
Asia Gulf States Regional Dialogue
CB
-
Central Bank
CER
-
Cost Effective Recruitment
CGAP
-
Consultative Group to Assist the Poor
CL
-
Contractual Labour
CoD
-
Country of Destination
CoO
-
Country of Origin
CP
-
Colombo Process
CSO
-
Central Statistics Office
DDA
-
Designated Depository Agents
EH
-
Exchange Houses
ELRP
-
Ethical Labour Recruitment Practice
EU
-
European Union
FATM
-
Financial Action Task Force
FDI
-
Foreign Direct Investment
FEMA
-
Foreign Exchange Management Account
GCC
-
Gulf Cooperation Council
GDP
-
Gross Domestic Product
ILO
-
International Labour Organization
IMF
-
International Monetary Fund
IOM
-
International Organization for Migration
JMDI
-
Joint Migration and Development Initiative
MC
-
Money Changers
MDG
-
Millennium Development Goals
MDM
-
Migrant Development Mechanism
MRC
-
Migrant Resource Centre
MS
-
Member States
MTO
-
Money Transfer Operations
MTSS
-
Money Transfer Service Scheme
NRE
-
Non-Resident External Account
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NRI
-
Non-Resident Indian
NRO
-
Non-Resident Ordinary Account
NRRA
-
Non-Resident Rupee Account
ODA
-
Official Development Assistance
OECD
-
The Organization for Economic Co-operation and Development
OPEC
-
Organization of the Petroleum Exporting Countries
OWRC
-
Overseas Workers Resource Centre
PDOT Manuals
-
Pre-Departure Orientation Training Manuals
PEAC
-
Private Employment Agencies Convention
POE
-
Protectors of Emigrants
POEA
-
The Philippines Overseas Employment Administration
PSD
-
Payment Services Directive
PWC
-
Protection of Wages Convention
RCP
-
Regional Consultative Process
RDA
-
Rupee Drawing Arrangements
RGC
-
Remittances Guide for Compilers and Users
SAR
-
South Asian Region
SDG
-
Sustainable Development Goals
SFM
-
Self Funding Mechanism
SOM
-
Senior Officials’ Meeting
SP
-
Social Protection
SWIFT
-
Society for Worldwide Interbank Financial Telecommunication
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DAY ONE – 6TH MAY 2014
1. Opening Session:
1.1.
Welcome Remarks by Col. Nissanka N. Wijeratne, Secretary, Ministry of
Foreign Employment Promotion and Welfare, Sri Lanka
Welcoming the delegates from the eleven Member States of the Colombo Process (CP),
Col. Nissanka N. Wijeratne, Secretary, Ministry of Foreign Employment Promotion and
Welfare, described the meeting as an opportunity to solidify the relationship between
countries in the Colombo Process, which would serve in advancing the objectives and shared
responsibilities among Member States for the benefit of strengthening the migrant
communities. He said that the proposed strategic vision for the next two years with five
thematic areas of developmental, humanitarian, legal, institutional and informational aspects
will assist in creating greater understanding of the issues of migrant labour and the need for
appropriate initiatives to minimise the negative impacts. The forum, he emphasised provided
the platform to revisit the achievements as a regional grouping to enhance the working
standards and rights of migrant workers by focusing on two thematic areas, with
recommendations from participants being appropriately adopted to solve issues blighting
migrant workers. The meeting in Colombo was described as an opportunity to take stock of
past achievements as a regional forum and re-examine whether it has facilitated in achieving
common ground to negotiate better terms of employment and working conditions for migrant
workers.
1.2.
Address by Dr. P.B. Jayasundara, Secretary to the Treasury, Sri Lanka
The Secretary to the Finance Ministry Dr. P.B. Jayasundara highlighted the immense
contribution made by migrant labour through their remittances to the country’s GDP, with
remittances amounting to US$ 6.6 Billion in 2013, which was 8.3% of her GDP. Migrant
workers make 24% of Sri Lanka’s labour force with a remittance income that is 33% of
Sri Lanka’s export income. With this income, Sri Lanka has been able to reduce poverty to an
unbelievable 6% and unemployment to 4%. With the current rate of growth it would be safe
to assume that by 2020, Sri Lanka will be able to obtain US $ 12 Billion as remittances.
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However, Dr. Jayasundara cautioned that an increasing trend of labour migration was an
indication of poor economic growth. Sri Lanka’s impressive economic growth of 7.5% will
catapult it to a middle-income country status by 2016. However, foreign remittances being
the basis for this economic growth was deceptive, he said.
East Asia had providentially and assiduously diverted its energy to develop industries and
services, thereby achieving a high level of economic growth. Sri Lanka too should emulate
such successes by adequately focusing on training and development in skills, which would
otherwise render migrant labour to be engaged in low skilled and low-productive
employment. Sri Lanka too should burst out of this limitation of low productivity; low value
jobs such as housemaids by up-skilling them to high productivity areas, like Nursing aides,
Caregivers, etc. Sri Lanka must take advantage of the demographic shift in developed
countries, where there is a marked decline in numbers that could normally offer these
services to the aged.
1.3.
Keynote Address by Hon. Dilan Perera, Chair-in-Office of the Colombo
Process and Minister of Foreign Employment Promotion and Welfare,
Sri Lanka
Minister of Foreign Employment Promotion and Welfare, Hon. Dilan Perera stressed that the
Colombo Process was a dialogue to achieve the objectives of labour sending countries. It was
not an oligopoly like OPEC, but a mechanism for discussion to resolve issues through a
process of intellectual input and output, which are eventually converted to visions and
realities that are implementable. Dialogue, emphasised the Hon. Minister has been the means
of achieving objectives and the Colombo Process is committed to the principle that the
resolution of conflicts should necessarily be through a process of measured analysis of issues.
Hon. Minister Perera emphasised the difficulty in introducing change by highlighting the
objections from civil society women’s organisations to his effort to prevent mothers with
children under the age of five from exercising their right to migrate for work.
The Hon. Minister, as the Chair-in-Office had brainstormed with a grouping of experts in
2013 on the future direction for the Colombo Process. Accordingly, the developmental,
humanitarian, legal, institutional and informational aspects were decided as the key thrusts in
the future direction of the Colombo Process.
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The Hon. Minister stressed on the need to be adaptive to change, so that there is development
in the face of overwhelming competition. Without change, he said, the danger of becoming
outdated was imminent. In conclusion he envisaged the consultative meeting to garner
results that are specific and tangible, such as the introduction of a standard contract of
employment and avenues for cheaper remittances.
The need to look beyond the commodity aspect of migrant workers to a view of considering
them as human beings was emphasised. This, the Hon. Minister opined could be achieved
through a concerted effort at product development which would catapult them from low-paid,
low-value employment status to skilled labour in a competitive product market.
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2. Session One:
2.1.
Colombo Process Strategic Vision for 2014/15
–
Mr. M. Somasundram, Secretary to Hon. Dilan Perera, Chair-in-Office of
the Colombo Process and Minister of Foreign Employment Promotion
and Welfare
The first presentation on the Colombo Process Strategic Vision for 2014/2015, as explained
by Mr. M. Somasundaram, Secretary to the Minister, will focus on the five thrusts of
Developmental, Informational, Legal, Institutional and Humanitarian aspects of labour
migration. Accordingly, the themes would include the review and recognition of
qualifications, establishing ethical recruitment procedures, and promote cheaper, faster and
safer transfer of remittances, pre-departure orientation and empowerment through skills, and
the development of a database on economic trends in the countries of destination. The
migration cycle was also discussed at length with the need to place the Colombo Process and
its endeavours in relevance to the international context.
2.2.
Summary
Report
on
CP
Coordination
Meetings
in
Geneva
–
Ms. Manisha Gunasekara, Deputy Permanent Representative of Sri Lanka to
the UN
The Chairmanship of the Colombo Process was transferred from the Government of
Bangladesh to the Government of Sri Lanka during a meeting held at the Permanent Mission
of Sri Lanka in Geneva on 21st October 2013 in the presence of PR Ambassador
H.E. Ravinatha Aryasinha, H.E. Ambassador of Bangladesh, DG IOM., DDG IOM and
diplomats of Sri Lanka and Bangladesh and other senior officials.
Theme for Sri Lanka’s Chairmanship of the Colombo Process,
“International Labour Migration for Prosperity:
Adding Value by Working Together”
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Strategic Vision and Concept Paper of the Colombo Process under Sri Lanka’s
Chairmanship:
‘The Chair in Office will lay out a written agenda for distribution to the entire membership
covering the priority issues and/or actions it will consider during the course of its
Chairmanship as well as proposed timeframes for meetings and consultations’.
(Section E-4 of CP Operating Modalities)
Envisages holding three SOMs and one Ministerial Meeting in 2014-2015 during Sri Lanka’s
Chairmanship of CP Hon. Dilan Perera, Minister of Foreign Employment Promotion &
Welfare of Sri Lanka discussed the Strategic Vision and Concept Paper of the Colombo
Process under Sri Lanka’s Chairmanship with Director General, IOM Ambassador William
Lacy Swing on 26th November 2013 in Geneva. The discussion was facilitated by Sri Lanka’s
Permanent Representative to the UN in Geneva Ambassador H.E. Ravinatha Aryasinha, with
the attendance of Permanent Representatives of CP states in Geneva. The meeting included
the introduction of the Strategic Vision and Concept Paper on the Colombo Process and
Discussion, agreement on the five thematic areas and proposal by the Philippines to have a
meeting between the CP and the Abu Dhabi Dialogue (ADD) Chairs ahead of the ADD
Troika meeting scheduled for mid-January 2014.
Hon. Dilan Perera, Minister of Foreign Employment Promotion and Welfare had met
Hon. Rosalinda Dimapilis-Baldoz, Secretary for Labour and Welfare of Philippines
(ADD Chair) on 06th January 2014 in Manila, Philippines, where ADD-CP cooperation was
discussed and the following were identified as issues in the ADD which have synergy with
the CP:
 Pre-departure orientation
 Qualification recognition process
 Comprehensive information orientation programmes
 Recruitment standards
The other issues discussed included the importance of synchronizing the calendars of CP and
ADD SOMs, and other CP-ADD Meetings, to propose to ADD Troika the creation of a joint
ADD-CP technical working group and to propose to ADD Troika the expansion of its
composition.
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The briefing by the Chair on the outcome of the Bilateral Meeting between Sri Lanka,
CP Chair, and the Philippines, the ADD Chair, on 6th January 2014 in Manila, Philippines
had included discussion on the Concept Paper and Road Map of Sri Lanka’s Chairmanship of
the CP with focus on the Post-2015 Development Agenda as an Action Area in the CP
Concept Paper / Road Map.
It is important for Regional Consultative Processes on Migration (RCPs) to have some
independent resources with which to support the Chair in running the affairs of the RCPs,
especially the convening of meetings. Having independent resources ensures sustainability of
the RCP and enhances the predictability of its operations. The CP Chair has sought to build
dialogue and synergy between the CP and the ADD in furtherance of the CP’s objectives,
which includes enhancing dialogue with destination countries. During the first Permanent
Representatives’ Meeting in Geneva on 11th December 2013, the possibility of creating a
joint CP-ADD ‘Working Group’ to focus on collaboration that could lead to tangible benefits
was discussed. The Joint ADD-CP Chairs Meeting that took place on 06th January 2014 in
Manila, Philippines further discussed the enhancement of CP-ADD dialogue.
2.3.
Salient Features in the General Statements made by Member States of the
Colombo Process

Instability in countries in the region has resulted in unregulated and unsafe labour
migration.

CP States have taken several initiatives to make the sector transparent and effectively
managed.

A culture of ethical recruitment must be firmly anchored on the principle of shared
accountability and transparency among all actors in overseas employment:
governments, employers, recruitment agencies and migrant workers.

The adoption of a selection and qualification system for foreign employers.

Employers must be willing to pay the “right service fee” to the recruitment agencies
for the right workers that they require. More importantly, as we pursue the Decent
Work Agenda, employers must provide decent and humane terms and conditions of
employment for the migrant workers.
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
Local recruitment agencies and governments responsible for regulation and
documentation of migrant workers must put in place easy, streamlined and transparent
processes for recruitment of migrant workers. If countries of origin (COOs) and
countries of destination (CODs) adhere to common policies on recruitment fees, for
example, enforcement, supervision and monitoring becomes more efficient and
effective.

Providing financial literacy and financial management services, as well as employing
advocacy tools for migrants, while reducing the cost of remittances, may lead to more
savings and less borrowing and consequently, more available resources for migrants
and families that can be used for productive endeavours, especially during
reintegration.

Developing institutional capacity, reintegration of returnees and welfare of family
members left behind have been areas receiving heightened focus by CP States.

Evolving a common strategy by member States of the Colombo Process with regard
to the standards and minimum qualifications of migrant workers.

The need to lower the cost of recruitment.

Ensuring convenient, cost-effective mechanisms for remittances; allowing access to
legal banking channels for foreign remittances.

The importance of exploring the relationship between migration and MDGs.

Recognising the role played by migrant labour to a country’s development process by
incorporating the development agenda of a country.

Improving the status of migrant domestic workers through training and by
establishing clear occupational tasks; establish a mechanism for universal recognition
of skills and certification.

Placement and protection of informal workers such as migrant domestic labourers.

Ensure productivity of migrant labour through skill development.

Provide training in marketable skills.

Introducing regular monitoring mechanisms.

Improved knowledge of employment data and trends and opportunities in labour
receiving countries.

Establish common wage levels, insurance protection and standard contract of
employment.
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
Sharing information and knowledge with regard to pre-departure orientation among
Member States of the Colombo Process.

Regular dialogue with labour receiving countries in order to foster an environment of
understanding.

As new countries in Asia have become countries of origin in the recent past, it was
strongly recommended that if these countries wish to join the CP, their requests
should be favourably considered in order to make the CP more meaningful.

Establish a secretariat with a continuity of operations in order to ensure proper followup action on consensus reached at CP meetings. A self-funding mechanism will most
certainly facilitate this much needed follow-up and sustainability of the CP.

The Colombo Process could develop standard guidelines to foster ethical recruitment
and manage the immigration process in a more orderly manner. These guidelines
could be adopted by the Member States if they so wish.
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3. Session Two: Priorities for Cooperation with other Regional
Migration Dialogue Mechanisms – Ms. Maureen Achieng, Head,
International Partnership Division, Department of International
Cooperation and Partnerships, IOM
With no universal definition of RCPs, they were formed by States specifically to address
issues relating to migration. Repeated ‘regional’ meetings of States were thus dedicated to
discussing migration. It was a process and not a one-off event, which was geographically or
thematically organized, informal and non-binding, with migration as the sole focus.
The Modus operandi of such meetings was to operate outside traditional institutional
structures; with flexible substantive focus according to MSs’ priorities. The Objective was to
facilitate informal, non-binding dialogue and exchange of information among States
(sometimes involving regional and international organizations and civil society).
The importance of fostering an environment that enables dialogue among RCPs and other
regional migration processes was expounded as a mechanism to find common ground in
order to enhance cooperation on migration. Such processes were pointed out as leading to
sharing of experiences, information and good practice, exchange of pertinent data on
migration, capacity building and cooperation on issues pertaining to migration. RCPs being
depoliticised processes were described as fundamental in assisting confidence-building and
trust among countries that are otherwise divided, ultimately leading to greater collaboration
on common issues. The values governing RCPs allow for the expression of diverse views,
creates a level playing field among States, providing an equal voice, responsive to current
trends with flexible agendas, establish an environment conducive to bilateral and multilateral
cooperation, promote de facto policy coherence/policy harmonization and have in impact
despite being informal and non-binding.
Identifying several important RCPs, their objectives in general were described as aiming at
overcoming abuses and protecting human rights of a particular target group through various
mechanisms of information and data exchange and management and instruments for
cooperation extending beyond borders.
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4. Session
Three:
Ethical
Labour
Recruitment
Practices
–
Cost Effective Recruitment and Social Protection
While the ILO’s policy and legal framework on ensuring better recruitment aimed at
governments in labour sending and receiving countries intends to overcome abusive practices
in recruitment by regulating the process, it would in turn ensure that exploitative and corrupt
practices are not allowed to thrive with impunity. Establishing transparency in recruitment
will require an overhaul in domestic recruitment policies and practices. Adequate social
protection through insurance schemes for migrant workers and timely payment of wages were
also discussed. The Colombo Process was highlighted as a forum with immense potential for
sharing experiences and policy coordination. The need to take stock of achievements and
progresses made over the years of its existence was also expounded as an exercise at ensuring
greater efficiency and effectiveness in the future.
The need
for coordinative and collaborative efforts between and among stakeholders
(government, recruitment agencies, employers and even workers) to promote and
institutionalize the observance and practice of ethical recruitment was emphasized by the
Philippines, with benchmarking, establishing parameters/guides/literature, monitoring and
evaluation of compliance of recruitment by agencies and employers, an esteemed system of
recognizing recruitment agencies through and employers who consistently practice ethical
recruitment and observe transparency in their transactions through rewards. A sustained effort
to promote ethical recruitment and educate the stakeholders and the public on its benefits was
also pointed out.
The Philippines, as an example for a country promoting ethical labour recruitment practices
issues advisories on labour market developments, conducts country-wide pre-employment
orientation seminars and imposes stringent regulations for job agencies prior to issuance of
licence. Job agents are educated on a timely basis so that ethical standards are continuously
maintained.
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It was recommended that Member States of CP propose to governments of countries of
destination to adopt a policy stipulating that the employer should bear the cost of recruitment,
so that workers are not unduly exploited by unscrupulous agents trying to collect the
recruitment fee from vulnerable migrant workers. The Philippines through the enactment of
several national laws has ensured that its citizens access countries that are compliant with the
guarantees of protection as enunciated in its domestic laws.
The Filipino government regulates the collection of recruitment fee from the workers by the
licensed private recruitment agencies. As a general rule, licensed recruitment agencies can
collect a placement fee from the worker up to a maximum amount of one-month salary
except for domestic workers, caregivers and seafarers. The Philippine Overseas Employment
Administration (POEA) prohibits the collection of placement fee from the worker where the
host country/destination country’s laws and policies prohibit the charging of recruitment fee.
In order to ensure a process of ethical recruitment, the Philippines have stricter regulations
for administrative offenses and penalties for malpractices by recruitment agencies and
employers. The regulations provide a table of offenses and corresponding penalties, the
maximum of which is payment of fines and cancellation of licenses and refund to the worker
of the excess amount of the recruitment fee. A reward and incentive system for recruitment
agencies with outstanding track records of performance is also in place while professionalism
of the private recruitment industry is promoted continuously through the agency education
programme and agency performance evaluation programme.
It was recommended that social insurance coverage for workers from COOs is an important
social protection mechanism that can supplement the social security protection that should be
provided first and foremost by employers of migrant workers in CODs. Another
recommendation was for COOs and CODs to consider a uniform policy on recruitment fees
as well as mechanisms for monitoring, supervisions and enforcement of such policy on the
private recruitment sector. It was also suggested that the Colombo Process member states
may propose to the government of CODs the adoption of a policy requiring employers to bear
the cost of recruiting migrant workers, including payment of the reasonable service fees to
the private recruitment agencies in order to do away with the practices of collection of
unauthorized recruitment fees from the workers.
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The Philippines for instance advocates the promotion of ethical recruitment and employment
among foreign employers and recruitment agencies from both the COOs and CODs, with
adoption of voluntary Codes of Ethical Recruitment by the recruitment agencies and
harnessing partnership with various stakeholders and convergence programs for the
promotion of the welfare and protection of workers.
Commenting on ILO’s multilateral framework on migration it was pointed out that a global
framework of non-binding principles, guidelines and good practices on a rights based
approach to labour migration,
•
Anchored on ILO conventions and standards and promotes best practices
•
Based on tripartite negotiations and consensus of countries of origin and destination
•
Adopted in November 2005 at a tripartite meeting of experts
Nine areas consisting of 15 principles and corresponding guidelines
Governments in both origin and destination countries should give due consideration to
licensing and supervising recruitment and placement services for migrant workers in
accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its
Recommendation (No. 188).
Guidelines for recruitment and placement are:
•
Standardized system of licensing or certification established in consultation with
employers’ and workers’ organizations;
•
Respect of migrant workers’ fundamental principles and rights
•
Understandable and enforceable employment contracts
•
No recruitment, placement or employment of workers in jobs involving unacceptable
hazards or risks or abusive or discriminatory treatment
•
Effective enforcement mechanisms and sanctions to deter unethical practices
•
System of protection, such as insurance/bond, to be paid by recruitment agencies to
compensate for any monetary loss resulting of the failure of the agency to meet its
obligations
•
Fees and other charges for recruitment and placement not to be borne by migrant
workers;
•
Incentives to meet recognized criteria for good performances
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Private recruitment agencies play a vital role in international labour migration in Asia when
matching job seekers and employers. They account for a majority of workers placed abroad
from the Philippines, Indonesia, India, Pakistan, Sri Lanka, Bangladesh and Thailand.
However given that the supply of workers in lower wage countries far outstrips the demand
and that there are far more workers intending to work abroad than there are jobs, migrant
workers are highly vulnerable to abuses during recruitment. Such abuses include high fees
and costs, misrepresentation, failure to meet placement obligations and contract substitution.
Country of origin governments have generally responded with regulation in terms of
licensing requirements, a limit on fees and a complaint mechanism. Some have also provided
performance based incentives. Information campaigns have been mounted against illegal
recruitment.
Improving Recruitment Policies and Practices:
1. Assess ratification of C 181. Put in place legislation to regulate recruitment.
2. Ensure that a complaints mechanism is in place and support services to avail of the
mechanisms.
3. Consider more options for matching employers and job seekers: not only via private
recruitment agencies, but also via public placement agencies, direct – employerworker (with labour attaché attestation where necessary);
4. Reduce layers of intermediation – e.g. role of Khafeels in the Gulf States.
5. Have transparency in recruitment costs – specify types of cost
6. Application of technology in recruitment – e-recruit and Skype interviews for
domestic workers/employers;
7. More open and simplified labour immigration regimes (linked to labour shortages);
8. Crack-down on corruption and over-charging connected with parts of the recruitment
industry;
9. Development and implementation of codes of conduct in recruitment.
In the area of social protection it is pertinent to as whether migrant workers are covered by
social insurance in the nine branches of social security, medical care; sickness benefits;
maternity; disability; old age; survivors; employment injury; unemployment and family.
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Are the social security systems between the country of origin and destination compatible and
benefits transferable? Basic social security guarantees to all residents and children based on
nationally defined criteria in at least four areas:
•
Access to essential health care including maternity care
•
Basic income security for – children; active age; old age
Migrant workers have a right to be paid on time and in full, but non-payment is a common
problem. Protection of Wages Convention (C 95) – ratified by 97 countries – aims at ensuring
the payment of due wages with non discrimination.
The CP provides a good opportunity and platform for Asian countries of origin to share
experiences and policy coordination. With ten years lapsing, it is good to take stock of what it
has achieved in the area of policy coordination and what more can be done, while prioritizing
a few areas for tangible outcomes for the protection of overseas contract workers. The
reduction of recruitment and migration cost, employment and working conditions, upgrading
skills, certification and recognition, setting base-lines and targets and the involvement of
stakeholders and technical organizations could be a potential role that the CP could play to
ensure a process of effective labour migration in Asia.
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5. Session
Four:
Ethical
Labour
Recruitment
Practices
- Promoting Standard Employment Contracts
A contract of employment is an agreement between an employer and employee which
governs the relationship between the two parties. It does not have to be in writing and can be
implied from the surrounding circumstances. A written contract can comprise one short
handwritten page or a lengthy document following detailed negotiations. Failure to provide a
written contact of employment results in a lack of clarity since neither party knows the
precise extent of their respective rights, duties and obligations. Disputes and ambiguity about
the employment relationship can be minimized by taking the time to carefully prepare a
contract of employment for each employee.
The content of each contract will depend on the nature of the business and the job which is on
offer, although there are some standard terms and conditions. The laws in the UK provide
minimum rights and obligations, including the right to a safe system of work and minimum
notice periods, the duty to obey reasonable and lawful orders and the requirement not to
reveal trade secrets etc. These rights and obligations are incorporated into all employment
contracts.
The benefits of standardising terms of employment was regarded as a positive step towards
ensuring greater understanding of the job requirements, while benefiting the migrant worker
in terms of health, safety, rights in terms of benefits and social protection. While the draft
contract of employment has been structured by incorporating some critical ILO Conventions,
the question of recognising the pertinent legislation that would preside over the clauses in the
contract has been a point of discussion in many international fora. While the countries
sending and receiving labour have to focus on this very important issue of whether to place
the standard contract of employment in the labour law, civil law of the country or have a
stand-alone law, the contradictions in the kafala system cannot be written off as
inconsequential.
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The operation of the kafala system being quite questionable, with the alleged violation of
rights through the creation of surplus pool of workers, the retention of passports and identity
documents, forced labour, constraints on labour mobility and low wages and the shifting of
financial burden on to the worker. Unless all parties reach consensus to make the standard
contract of employment as the one and only legal document governing the terms of
employment for the migrant worker, the violation of rights will continue unabated.
The draft contract of employment in its present form is not without flaws and limitations.
Some of the areas of disagreement include allowing the migrant domestic worker to be the
sole possessor of their passport; employers to allow women migrant domestic workers free
time to liaise with friends away from the employers’ home and to practice non-discrimination
against women migrant domestic workers who may be pregnant. Reconciling and balancing
the right of the two main parties to the contract can be a challenge to its successful
implementation. The challenge therefore is to reach a compromise over divergent and
disagreeable clauses.
All parties agreed on the mutual economic and social benefits of migration for labour
purposes, and for the need for care work to be exported. Concerns were raised for the
trustworthiness of the migrant worker, who, it was believed may run away if she/he had
possession of their passport. Discussions around this issue revealed some underlying mistrust
of migrants, which was addressed from a human rights perspective. In addition, the need for
improved terms of employment which clearly stipulates the social standards for both
employer and employee for utmost dignity and respect, with redress mechanisms to support
complaints, which reassures concerned parties of the lack of threat when the migrant
possesses the passport was also emphasised. The second point refers to woman migrant
worker’s safety when not chaperoned, and for the reputation of the host family should she not
behave professionally when outside of work. Finally, although it caused some conflict among
human rights advocates and employers in host countries, it was discovered that many host
countries did not wish to employ pregnant women, not for a lack of willingness to provide
support to her, but for a preservation of family integrity. It was suggested by Lebanon for
example, that pregnant women/new mothers and their families may suffer emotionally to be
separated from each other at this crucial developmental stage for infants.
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DAY TWO – 7TH MAY 2014
6. Session Five: Promoting Cheaper, Faster and Safer Remittances
“Remittances are cross-border, private, voluntary monetary and non-monetary (social or inkind) transfers made by migrants and Diaspora, individually or collectively, to people or to
communities not necessarily in their home country”.
Remittances flows to developing countries have reached USD 414 billion in 2013 (World
Bank, Migration and Development Brief, No 21, 2nd October 2013).
India received record remittances sent to any country by its overseas population amounting to
USD 70 billion [followed by China ($ 60 billion), Philippines ($ 25 billion) & Mexico ($ 22
billion)]. Remittances to India grew over the years, even during the global recession. This
amount increased in India by a modest 1.7% from the previous year. It is eequivalent to 4%
of the GDP, 15% of exports, covered 12% of imports, exceeded earnings from the IT
Services.
Remittances are considered as private transfers and personal flows (includes both receipts and
payments) without quid pro quo. In the Indian context, the following items are included as
remittances (BoP Manual- Section 4.59). The private transfer receipts include:
(i) remittances for family maintenance
(ii) local withdrawals from Non-Resident Rupee Accounts (NRE and NRO)
(iii) gold and silver brought through passenger baggage, and
(iv) personal gifts/ donations to charitable/religious institutions
The inflows from overseas Indians for deposits in NRI deposit schemes are treated as capital
account transactions. However, local withdrawals/redemptions from NRI deposits (especially
NRE and NRO rupee deposit schemes) are treated as forming part of private transfers.
The Reserve Bank of India authorises entities, including banks to undertake foreign exchange
transactions under the Foreign Exchange Management Act (FEMA), 1999. The receipt or
payment of cross-border inward/outward remittances in or from India is governed by relevant
provisions of the Foreign Exchange Management Act (FEMA), 1999.
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Beneficiaries/remitters in India can receive or send cross-border inward or outward
remittances through official channels, such as, the banking and postal channels (bank to bank
transfers are under general permission). The Rupee Drawing Arrangement (RDA) and Money
Transfer Service Scheme (MTSS) are also official channels for receiving inward remittances
in India.
The Authorised Dealers Category-I requires one-time approval from the Reserve Bank of
India to open Vostro accounts in Exchange Houses in the Gulf countries, Hong Kong,
Singapore and Malaysia to channel cross-border inward remittances into India. These
arrangements are known as Rupee Drawing Arrangements (RDAs). RDAs fall into three
categories as Designated Depository Agency (DDA), Non-DDA and Speed Remittances.
Separate Vostro accounts in Indian rupees are required to be opened by the Exchange Houses
for each of these arrangements.
The Money Transfer Service Scheme (MTSS) is a quick and easy way of transferring
personal remittances from abroad to beneficiaries in India. However, only personal
remittances such as remittances towards family maintenance are permitted. Remittances
favouring foreign tourists visiting India are also permissible. This system envisages a tie-up
between reputed money transfer companies abroad and agents (Authorised Dealers Cat-I,
Authorised Dealers Cat-II, Fully Fledged Money Changers) in India who would disburse the
funds to the beneficiaries at ongoing exchange rates. The system does not permit any outward
remittance.
The MTSS, the Indian agent pays the beneficiaries first, on instructions from the Overseas
Principal and is reimbursed the amount and his commission, by the Overseas Principal,
within a day or two through normal banking channels. The Overseas Principal has to provide
collateral of US $ 50,000 or 3 days’ average drawings whichever is higher. While
US $ 50,000 is maintained in the name of the agent in a designated bank in India, any
collateral above US $ 50,000 is maintained in the form of LC/ BG.
In terms of cost in remitting money, an upfront fee is levied to send a certain amount
(direct/visible cost) of money. It has been observed that the fee is usually very high if transfer
is done through SWIFT or wire, and minimum when done through exchange houses.
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A margin is taken on the exchange rate by the companies/financial institutions
(hidden/invisible cost), and a fee component is charged to the recipient of the funds (this does
not happen in all cases). This may occur when there are multiple channels of transfer even at
the recipient’s end (for example, if the recipient is in a remote location which requires
transfer through multiple banks).
Overall there has been a decline in the cost of remitting money. The cost of remittance
transfer is approximately 5% of the amount for UAE, Saudi Arabia and Qatar when remitting
to India, which is relatively less compared to other corridors for India (such as from countries
in the EU to India). This can be applied to the remaining three countries in the GCC.
However, it should be emphasised that the costs of remittance is high in relation to the low
incomes that migrant workers receive. List of measures have been taken by the Reserve Bank
of India over the last two years to facilitate inward remittances and simplify procedures in
respect of RDA and MTSS.
In the case of the GCC nations, the cost is relatively cheaper when done through exchange
houses than banks as they handle higher volumes of money transfer as compared to banks;
they also have better network and outreach to the expatriate workers. The factor that
differentiates the transfer cost is the exchange rate applied for a transfer. The percentage cost
of transfer to India from certain other destinations are as follows - Australia (8.99%),
Canada (10.01%), France (14.63%), Germany (11.86%), Italy (5.37%), Japan (20.16%),
New
Zealand
(7.59%),
Singapore
(4.48%),
United
Kingdom
(5.05%),
and
United States (3.92%). There is an obvious relation between the size of the Indian community
and the cost of transfer.
Over last few years investigating agencies have unearthed blatant misuse of inward
remittance channels, especially MTSS, for anti-national activities like Money Laundering,
Financing of Terrorism, Drug Trafficking, etc. Revised guidelines on MTSS were issued in
consultation with the Government of India - A. P. (DIR Series) Circular No. 89 dated March
12, 2013) in order to address this issue. Rigorous attention has been paid to address the
trade-off between better compliance of KYC/AML/CFT guidelines and increasing access to
inward remittance channels to a wider population of India.
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The member States of the Colombo Process can initiate steps to collaborate with Central
Banks to collect remittance data at disaggregate level- as a pilot project we may cover
states/provinces/areas known for sending emigrant workers overseas. Disaggregate data at the
level of household. Understand the relationship between migration and development.
A Round Table on Remittances with the Central Banks, other Banks, Money Transfer
Operators (MTOs), Exchange Houses (EHs), Academicians in Colombo could be initiated.
It would be pertinent to identify different ways to make the price transparent and empower
the migrants in CP countries by creating awareness on different methods of transfer and the
price, design an Remittance Information System for CP, update our own PDOT manuals with
information on remittance channels, ways, safeguards, etc. and sensitise institutions involved
with emigrants (In India- PoEs, MRCs, OWRCs, etc.).
The impact of remittances at the micro level increases the family income for investments
purposes and to increase the local price of land, property, construction materials. At a macro
level, remittances gain creditworthiness in international credit market, and boost local
economies by stimulating consumption and investments.
Main constraints in the remittances market are:
-
Lack of transparency and consumer protection
-
Lack of competition (abusive agreements) - Additional fees charged or taxation in
some cases
-
Limited appropriate infrastructures and national expertise
-
Complex regulatory environment
Money laundering and terrorist financing are crucial concerns for many countries from both
economic and security perspectives. Given the high number of daily transaction flows,
the main challenge is to separate the legal from the illegal uses of transferred money.
The
Financial
Action
Task
Force
(FATF)
-
Special
Recommendations
on
‘Terrorist Financing’ was to address informal remittances issues, exhorting States to require
licenses from remittance services providers and to apply the ‘know your customer’ and
‘control your business’ strategies. The AML/CFT regulations and legal recommendations
(e.g. ‘Know Your Customer’, the Patriot Act) may be, to some extent, counter-productive,
causing negative spill-over into remittances markets (e.g. raising costs, use of informal
means).
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The World Bank Group highlights the reversal of gains in the facilitation of cross-border
remittances, pointing out the closing down of the bank accounts of MTOs. In fact, Barclays,
which was the last institution to allow Somali remittance firms to have bank accounts,
recently closed the accounts.
The Consultative Group to Assist the Poor (CGAP) housed at the World Bank recommends a
gradual implementation of rules that consider the level of maturity of the monetary industry
in each specific country. The CGAP also insists that policy-and law-makers should not take
actions that may inhibit the use of mobile phones for transfer purposes. Accordingly, further
joint actions and institutional partnerships among national banks, remittance services
providers, telecommunication operators and between sending and recipient countries could
help to explore better options addressing both money transfer security and consumer
protection. Reaching a good balance between these two mainstreams within the frameworks
of the remittances market’s regulation definitely represents a key challenge for policymakers.
Emphasis should be placed on policies that reduce transfer costs and improve local
institutions and governance. All stakeholders, including States, international agencies, CSOs,
should fully understand how recipients use remittances and for what purposes. Efforts should
be based on a course of action that creates appropriate incentives to motivate migrants’
investment in or donations to development-related projects. Considerable variations have
been observed in the way data are collected in individual countries.
Compilation Guide for Collecting Remittance Statistics for Member States - The Luxembourg
Group was created to consider the challenges of collecting, compiling and reporting
remittances data and was composed of practitioners (representatives of the IMF, the OECD,
the Statistical Office of the European Communities, the World Bank, and representatives
from national statistical offices and central banks from throughout the world). The gathered
recommendations led to the production of a compilation guide for remittance statistics.
The end product was the International Transactions in Remittances Guide for Compilers and
Users or RGC. Manuals/handbooks such as the manual Good Practices for Financial
Inclusion. A European Overview provides experiences and guidelines to support and
coordinate the promotion of financial inclusion throughout a country (Available in Italian and
English at www.cespi.it).
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The JMDI handbook guides the design of development projects that: (i) support increased
financial inclusion and independence of migrants and their families; (ii) link remittance flows
to other financial products/services (savings, insurance, loans); and (iii) foster migrant
savings and Diaspora investments in countries of origin. Importantly, the methods
emphasised in the handbook always include financial literacy tools to empower migrants and
recipients and improve their skills applicable to the management of their earnings
(www.migration4development.org/content/about-jmdi).
Recommendations:
1. Address barriers resulting from money transfer regulations
 Harmonising the existing money transfer laws and adopting a nuanced approach
specific to post-crisis contexts.
 Set up an action group on safe cross-border remittances involving a crisis area.
 Avoid the closing down of small MTOs which may increase monopolistic
situation.
2. Harmonise data collection and definitions
 Coordinate implementation of processes among EU Member States
 Address the non-EU countries concerns related to the implementation of the PSD
 Enhance transparency on South-South corridors
3. Build on collaboration with migrants and Diasporas
 Ensure a better integration of migrants in the host country
 Avoid an instrumentalist approach of migrants by involving them through
partnerships
 Address the obstacles impeding migrants’ commitments in the origin country
4. Achieve multi-dimensional synergies and policy coherence
 The key-role of a coordinating body in charge of the remittances agenda at the EU
level
 Encourage institutional cooperation between destination and origin countries
 Promote comprehensive partnerships between different sectors
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5. Design appropriate incentives and policies
 Increase transparency and competition  reduce transaction costs
 Avoid taxation measures on remittances
6. Adopt and integrated and inclusive financing approach
 Remittances =/= substitute for ODA, FDI 
 Encourage donor Sates (including EU member states) to respect their
commitments regarding the ODA and to strive to make them more effective.
7. Improve the national infrastructure settings in developing countries
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7. Session Six: Proposal for a Self-Funding Mechanism for the Colombo
Process
–
Ms.
Manisha
Gunasekera,
Deputy
Permanent
Representative of Sri Lanka to the UN, Geneva
The proposal for a self-funding mechanism for the Colombo Process presented by
Ms. Manisha Gunasekera, Deputy Permanent Representative in the Permanent Mission of Sri
Lanka in Geneva proposed that similar consultative processes on migration be looked at
carefully, while she emphasised the need to engage in regular meetings for success in
outcomes. Ms. Gunasekera underlined the importance of self-funding to achieve success and
independence in terms of agenda-setting. Self-funding would ensure regularity of meetings
which would lead to the attainment of goals and objectives, including the goal of improving
labour migration management. A 2009 Assessment of Principal RCPs (MRS 38 study)
outlines the benefits that accrue to RCPs – but this would happen only if they are able to meet
with a certain regularity and predictability.
Providing two funding formulae for the Colombo Process, a result of a consultative process,
Ms. Gunasekera said that option A would involve a Total Annual Operating Cost Budget of
US$ 84,000, where each State belonging to the Colombo Process would contribute
US$ 7,636. Option B would involve a Total Annual Operating Cost Budget of US$ 44,000,
where each Member State would contribute US$ 4,000. While option A would ensure regular
meetings of the States of the Colombo Process, option B would lower the cost of States
participating in the Colombo Process. The two Options presented are the result of a
consultative process undertaken with CP members at the Expert Meeting held in Geneva on
14 February 2014, where the members had agreed that lack of funding was a challenge to the
sustainability of the CP. The members that were part of the consultative process had agreed
on the need for an independent and predictable self-funding mechanism in order to ensure
sustainability.
As secretariat for the Colombo Process, the IOM’s ability to assist the CP with obtaining
external funding for non-routine expenditures would be greatly enhanced with the
introduction of a self-funding mechanism, as it would be able to demonstrate to potential
external donors that basic CP operations are being met by the resources of participating
states.
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A self-funding mechanism would support the Chair-in-Office in meeting some of the
temporary secretariat costs, as well as greatly enhance its capacity to convene regular SOMs
and Ministerial Meetings which are imperative to implement the envisaged agenda for the
duration of chairmanship, and thereby enhance sustainability of the CP.
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8. Session Seven:
8.1.
The 3rd Eye: Three Other Thematic Areas of the Strategic Vision of Colombo
Process – Mr.
K. O. D. D. Fernando, Additional General Manager,
Sri Lanka Bureau of Foreign Employment
A paradigm shift from the traditional role of the migrant from a low-skilled worker engaged
in short-term contractual employment for the purpose of addressing burning economic issues
at home is urgently required so that Opportunity Based Employment Contracts become the
norm. For this, a database on economic trends in the destination countries, which are mostly
in the Middle East, needs to be developed. A review of qualification and recognition process
to ensure minimum qualifications together with an effective pre-departure orientation and
empowerment programme, including skills development should include the promotional
aspect of planned labour migration.
Economic development and the migrant labour market are linked requiring long term
Development Plans with focus on probable expatriate labour needs, Immigration/Emigration
Policies and attention to demographic conditions, existing occupational shortages, with the
ability to improve human capital, while creating transnational networks and trade/business
links.
The migrant labour market of today requires a plethora of skills such as academic
qualifications, vocational qualifications, work experience, transnational accreditation,
soft skills, language proficiency, technical literacy and physical fitness. The demands of the
current labour market dictated by the diverse needs of host countries has thrust emphasis on
the systematic preparation of employees through a process of pre-departure orientation, while
ensuring that the planned migration is safe and family friendly.
The State has to ensure that migrant workers are empowered through insurance and other
welfare facilities. Training has also become a prerequisite in order to develop skills of
migrant workers, while making them gain experience in the local context would be an added
impetus.
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Given the challenging and diverse requirements of the migrant labour market, the way
forward would be to establish a Web-based Knowledge Forum for members of the CP, create
affiliations and regional co-operation in Training, skill recognition and accreditation of
National Vocational Qualifications of the countries of the region, conduct regular meetings
organized by the CP Secretariat on common issues and strengthen common understanding on
market conditions and improve solidarity of countries, while studying the possibilities of
introducing Circular Migration for Asian workers to gain benefits for longer periods. It was
further proposed that a team of Experts be appointed to analyze past data to derive new trends
in the overseas job market. CP member countries could identify future job profiles of labour
receiving countries as per their short, medium and long term plans and disseminate such
information among the member countries. A shared vision on supplying quality manpower
from Asia could govern the future activities of the member States of the CP.
8.2.
Migration in the Post-2015 Development Agenda - Dr. Khondaker Showkat
Hossain, Secretary, Ministry of Expatriates’ Welfare and Overseas
Employment, Government of Bangladesh
The relationship between migration and the MDGs has not been widely explored, although
both the migration and development communities are becoming increasingly aware of the
link between international migration and development. The Millennium Development Goals
(MDGs) reflect an approach to human development that does not involve human mobility.
As discussions for Rio+20 progress, migration has been recognized for its increasing
importance
and relevance to the social, economic
and
environmental
dimensions
of sustainable development, as well as for its influence on all regions of the world.
Extensive evidence shows that migration and remittances have played a key role in helping
countries make progress towards, or achieve, the Millennium Development Goals (MDGs):
•
Firstly, the economic effects of migration vary widely. It helps for economic growth
through capital accumulation, labour productivity and returns, human capital
accumulation, technological innovation and government budgets.
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•
Secondly, migration, especially labour migration contributes largely in employment
generation. According to the World Bank, more than 215 million people are working
outside their countries of birth.
•
Thirdly, migration and education are intertwined in many dimensions. Education and
skill acquisition play an important role at many stages of an individual’s migration.
By easing credit constraints through remittances, migration of some may enable
children to attend school instead of working. Moreover, remittances may also help to
create educational infrastructures that foster educational attainment.
•
Fourthly, Migration and health are inter-related in a number of ways. Remittances
generated by migration may be critical in promoting access to essential treatment and
drugs. This may also promote health-seeking behaviour and the spread of knowledge
of health and technology.
•
Finally, international migration creates an example of global partnership for
development.
International migration has become an integral part of globalization processes associated with
increasing integration of national economies, internationalization of production and
ownership in goods and services, demographic changes, and emerging employment patterns.
Remittance flows from migrants to developing countries are estimated to have totaled
$401 billion in 2012, an increase of 5.3% over the previous year. According to World Bank,
this year’s remittance flows to developing countries will be an increase of 7.8 percent over
the 2013 volume of $404 billion, rising to $516 billion in 2016. Remittances to the South
Asia Region (SAR) are estimated to have increased sharply in 2012, growing by 12.3 percent
to reach $109 billion. This follows growth averaging 13.8 percent the previous two years.
Increased remittance flows to Bangladesh and Pakistan have driven South Asia to emerge as
the largest recipient region in 2012.
The most recent UN General Assembly felt that migration should be “adequately considered”
in the formulation of a post-2015 agenda on global development. In Rio+20 progress,
migration has been recognized for its increasing importance and relevance to the social,
economic and environmental dimensions of sustainable development. A 30-member Open
Working Group of the General Assembly is mandated by the Rio+20 Outcome document to
prepare a proposal on SDGs for consideration by the Assembly at its 68th UN session
(Sept. 2013 – Sept. 2014).
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The Open Working Group was established on 22nd of January 2013. There are 5 Open
Working Groups:
1. African Group
2. Asia-Pacific group
3. Latin American and Caribbean Group
4. Western European and Other Group
5. Eastern European Group
As we meet in Colombo, the 11th Session of the Open Working Group on Sustainable
Development Goals is meeting in New York to debate what will replace the MDGs – the
Sustainable Development Goals. These Goals currently have the 16 focus areas. This is the
moment for our governments to advocate for migration to be mainstreamed into all focus
areas as appropriate.
Recommendation included the lowering of the cost of migration in all spheres of the
recruitment process (both at destination and origin). Ensuring decent work for all including
migrants was also emphasised. The importance of clarifying the definition of ‘decent work’
under such circumstances was pointed out, where decent work should define productive and
well paid jobs with essential skills including proper working conditions and basic worker’s
right. It is important to promote well managed, safe and regular flow of migration to ensure
dignity, maximize benefits and eradicate irregularity. Establishing a universal skill
recognition and certification mechanism will help reduce discrimination and avoid the
wastage of intellectual capacity. It is important also to consider people with experiences but
no education. Ensuring the rights of migrant workers (including social protection) should be
in compliance with international human rights norms and labour standards both in country of
destination and origin.
All migrants and their children must be guaranteed access to social, cultural services and
quality education regardless of their migration status, while ensuring that the cost of higher
education remains at a minimum level. This should also include the elimination of all sorts of
discrimination on migrants in education and health services, social integration and remove
xenophobia through promoting values and peace. Eliminate wage discrimination by ensuring
equal wage structure for all workers (both migrant and native workers).
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9. Session Eight:
-- CONCLUDING STATEMENT -SENIOR OFFICIALS’ MEETING
Regional Consultative Process on Overseas Employment and Contractual Labour for
Countries of Origin in Asia (Colombo Process)
06th – 07th May 2014
Colombo, Sri Lanka
International Labour Migration for Prosperity:
Adding Value by Working Together
The Government of Sri Lanka hosted the first Senior Officials’ Meeting of the Colombo
Process (CP) from 6-7 May 2014 in Colombo, Sri Lanka. In attendance were representatives
from the eleven CP participating States: Afghanistan, Bangladesh, China, India, Indonesia,
Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam.
A.
The following topics were discussed during the meeting:
a) The Colombo Process Strategic Vision for 2014/15
The Secretary to the Hon. Minister of Foreign Employment Promotion and Welfare of
Sri Lanka presented the salient points of the CP Strategic Vision and Concept paper of
Sri Lanka’s chairmanship for the two years.
b) The Summary Report on Colombo Process coordination meetings in Geneva
The Deputy Permanent Representative of Sri Lanka to the UN in Geneva presented on:
i.
The outcome of the 01 Permanent Representative-level and 03 Expert-level
meetings held in Geneva since Sri Lanka’s assumption of Chair of CP
ii.
The Thematic Areas of the Concept Paper and Working Groups
iii. The Post-2015 Development Agenda as an Action Area
iv. Consideration of a self funding mechanism for CP and options
v.
Cooperation with ADD and other RCPs and IRF
The Strategic Vision and Concept Paper were formally endorsed by the CP membership.
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c) Other RCPs and possible cooperation with the Colombo Process
IOM delivered a presentation on RCPs and other inter-regional processes for cooperation and
dialogue on migration. The presentation sought to lay the foundation for subsequent
discussion sessions on other regional fora that the CP may wish to engage with and/or
changes to the structure of the CP that may be worth considering.
d) Cost effective recruitment and social protection
The Philippines and ILO contributed as panellists in a discussion on this topic.
e) Promoting standard employment contracts
Sri Lanka, ILO and UN Women were panellists in a discussion on the above topic, with
specific references to changes to the Kafala system.
f) Promoting cheaper, faster and safer remittances
India, IOM, a private bank and a mobile telecommunication provider contributed to a panel
discussion on this topic, which addressed:
i. A remittances regulatory framework
ii. Stakeholder engagement and alternative financial solutions
iii. Remittances and local development
iv. E-transfer of remittances
g) A proposal for a self-funding mechanism for the Colombo Process
The Deputy Permanent Representative of Sri Lanka to the UN/Geneva made a presentation
on the possibility of the CP membership taking on a self-funding mechanism, and referred to
discussion on the subject at meetings in Geneva.
i.
Two options were presented on possible funding formula for the CP following
discussion in Geneva.
ii. RCM/Puebla Process funding model, with some adjustments, was presented as one
possible model for the CP to consider.
iii. The roles of IOM and of Chair-in-Office were explained.
iv. Indicated that self funding enhances predictability, regularity of meetings and
sustainability of CP.
v. Indicated that lack of self funding is a challenge to the effectiveness and sustainability
of CP, and that building an independent and predictable funding mechanism was
important, without prejudice to external sources of funding.
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h) The other three Thematic and Action areas: The way forward

Sri Lanka made a presentation on this topic.

Bangladesh made a presentation on Migration in the Post-2015
Development Agenda.
DECISIONS:
B.
Resulting from the issues discussed, the participating States further:
a. Encouraged CP States to have in place a remittance regulatory environment that
promotes cheaper, faster and safer remittances and to better coordinate their efforts
and share best practices at the regional and international levels through the
establishment of a working group on remittances. The modalities of the working
group will include harmonization of data collection and analysis, and provision of a
forum for CP Central Banks to convene.
b. Agreed that States should implement policies that maximize the contribution of
remittances to development, bearing in mind that remittances are private funds,
through promoting financial inclusion and education, engaging financial institutions
and local stakeholders.
c.
Encouraged CP States to reduce the costs of recruitment by strengthening national
policy and legal frameworks taking into account international standards, particularly
ILO c.181, operationalising these through effective enforcement, and consider
promoting voluntary codes of ethics. All possible action shall be taken by Member
States to ensure that the migrant worker recruitment/placement shall be at no cost to
the worker.
d. Encouraged CP States to adopt a unified position on containment of recruitment cost,
with recognition of the need to set targets, and to obtain baseline information.
e.
Reiterated the importance of migrant workers being covered by social insurance,
particularly in the area of employment injury, and having access to basic social
security guarantees.
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f.
Reiterated the interest of CP States in promoting standard employment contracts and
enhancing dialogue and cooperation with destination countries in order to promote the
well being of migrant workers.
g.
Reiterated the need for CP States to reach agreement on a standard unified
employment contract for domestic migrant workers, and in this regard agreed to
present the Report on Unified Standard Employment Contract jointly undertaken by
UN Women and Government of Sri Lanka at the Asia Gulf States Regional Dialogue
(AGSRD) held on 3 - 4 December 2013, to ADD SOM on 22 May 2014.
h. Recognized that the functioning of labour laws are impeded by the exercise of the
Kafala to the considerable detriment of expatriate/migrant workers, and encouraged
GCC countries of destination to promote enforcement of labour laws to oversee the
work of all occupational categories of expatriate/migrant workers, including migrant
domestic workers.
i. Agreed to put forward the proposal to destination countries that in the event of the
death of a migrant worker, the Embassy/Consulate that represents the deceased
worker be immediately informed by the State authorities. Furthermore, the human
remains of the deceased shall be repatriated to the home country at the expense of the
employer/sponsor, within a time span not exceeding two weeks, barring the need for
further investigation.
j. Emphasized the interests of CP States in enhancing cooperation and coordination
between the CP and the ADD, Asia-EU Dialogue and other migration dialogue
mechanisms /other Regional Consultative Processes (RCPs).
k. Encouraged CP States to adopt a multi-stakeholder approach to CP with the
involvement of other agencies.
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l. Agreed to form a working group of CP member States in Geneva to further discuss a
self-funding mechanism for CP in consultation with relevant line institutions in
respective capitals. It was agreed that the Chair will initiate communication directly
with respective focal line institutions of CP member States on the subject.
m. Encouraged CP States to better integrate migration into their national policies and to
coordinate their efforts on the Post-2015 Development Agenda activities.
n. Proposed considering the membership of CP of other countries of origin in Asia
following formal request.
o. Proposed initiation of study reports on CP thematic areas for further deliberations at
future SOMs.
One such study on recruitment monitoring and migrant welfare
services in the CP and Countries of destination can provide baseline information for
discussion.
p. Agreed to study and discuss a common procedure in recognizing the qualifications
among countries of destination in the Middle East and countries of origin, to generate
transparency and common understanding of the standards.
q. Agreed that the CP Chair will present the outcome of the CP SOM in summary at the
GFMD Forum Meeting scheduled to be held in Sweden on 14th -16th May 2014.
r. Welcomed the ADD SOM, which is scheduled to take place on 22nd May 2014 in
Kuwait, and encouraged CP countries to participate in this meeting.
s. Agreed to support the proposal of ADD Chair to expand the composition of the ADD
Troika to a five-member Executive Committee to be composed of the Current ADD
Chair, Immediate Past ADD Chair, Incoming ADD Chair, Founding ADD Chair and
the Current CP Chair. CP States also agreed to support the proposal of creation of a
joint ADD CP technical working group that will assist in preparing action documents.
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t. Agreed to support the proposal of ADD Chair to develop a Comprehensive
Information Orientation Programme (CIOP) to equip prospective and current migrant
workers of countries of origin with relevant information on their countries of
destination to help them cope with obligations and adjustment of difficulties
associated with overseas employment, which will not only enhance the well-being of
migrant workers, but will also foster positive professional relationships between them
and their foreign employers.
u. Agreed to present the common position adopted at the CP SOM at the ADD SOM on
22nd May 2014.
Adopted in Colombo, Sri Lanka on 7th May 2014 by the attending senior officials of the
following countries:
 Islamic Republic of Afghanistan
 People’s Republic of Bangladesh
 People’s Republic of China
 Republic of India
 Republic of Indonesia
 Federal Democratic Republic of Nepal
 Islamic Republic of Pakistan
 Republic of the Philippines
 Democratic Socialist Republic of Sri Lanka
 Kingdom of Thailand
 Socialist Republic of Vietnam
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10. Annexure:
10.1. Annex 1
CONCEPT NOTE
1. Background:
The Colombo Process (CP) is a dialogue platform for Eleven (11) Countries of Origin
(COOs) of labour migrants in Asia. The 11 countries are: Afghanistan, Bangladesh, China,
India, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam. The stated
goal of the CP is to provide the member countries with a non-binding and informal
environment to engage in dialogue and to cooperate on issues related to contractual labour
migration in order to optimize the benefits of labour migration. All these countries, while
retaining their individuality, wish to deal with common problems faced during the migration
cycle, i.e. in the Countries of Origin as well as in the Countries of Destination (CODs) mostly
in the Middle East.
Sri Lanka is chairing the Colombo Process during 2014/15. As Chair-in-Office, Sri Lanka has
proposed the following strategic vision for the CP:
-
Recognize the vital contribution made by migrant workers to the development of the
Countries of Origin (COOs) as well as the Countries of Destination (CODs) –
the development thrust
-
Shift from a preoccupation of considering short term migrant workers as commodities
and rather regard them as human beings and as human assets – the humanitarian
thrust
-
Engage with countries of destination with the view of promoting a framework of legal
institutions in CODs, ranging from MOUs to legal systems, taking into account their
jurisprudence which should be equipped to resolve and adjudicate on migrant
employment related issues - the legal thrust
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-
Expand the network of Migrant Resource Centres or other institutions within the
COOs to address selection of workers,
pre-departure trainings as well as
re-integration of returning migrants – the institutional thrust
-
Build information systems, statistics and databases – the information thrust
In order to pursue this strategic vision following thematic areas have been identified:

Review qualification and recognition processes.

Promote cheaper, faster and safer transfer of remittances.

Foster ethical labour recruitment, common wage levels and insurance protection, the
promotion of standard employment contracts specially focusing on issues of contract
substitution and creating a registering mechanism for contract.

Ensure effective pre-departure orientation and empowerment, including skills
development.

Develop a database on economic trends in the destination countries, which are mostly
in the Middle-East.
This concept note will layout how the Sri Lankan Government as Chair-in-Office of the
Colombo Process will take its agenda forward with the first Senior Official Meeting (SOM).
2. Objectives of the SOM:
The five focus areas are the substative issues which have to be converted into implementable
catergories and roadmaps developed for different member countrie. Since this can not be
done on one single occasion, it has been decided to under take in phases. The first Senior
Officials Meeting (SOM) scheduled to be held in Colombo, Sri Lanka covers the first phase.
The first phase will deal with two focus areas. They being,

Labour Migration for Development: Remittances.

Ethical Labour Recruitment Practices.
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The objectives of the discussion of these two (02) areas in the upcoming SOM sessions are to
find ways and means and appropriate tools which could be simple, efficient and applicable to
protect the migrant workers while ensuring their rights, taking into account of the prevailing
laws, rules, regulations and socio-cultural and economic environments prevailing in the COO
in Asia (CP countries) and COD countries for,

Cheaper, faster, safer transfer of remittances, and,

Cost effective recruitment and social protection,

and for the ultimate benefit of migrant workers in COO and COD countries.
In addition, Colombo Process Management Issues will be taken up with Senior Officials
during the meeting with the following objectives:
 To create and sustain a self funding mechanisms for the Colombo Process,
 To Cooperate and interact with other Regional Migration Dialogue Mechanisms (RCPs)
functioning in various regions of the world.
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10.2. Annex 2:
AGENDA
International Labour Migration for Prosperity: Adding Value by Working Together
Time
Activity
Tuesday, 06th May 2014
08.30
Registration
09.00 – 09.15
Opening Session:
09.15 – 09.25

Lighting of Ceremonial Oil Lamp

National Anthem
Welcome Remarks by Col. Nissanka N. Wijeratne, Secretary, Ministry of
Foreign Employment Promotion and Welfare (M/FEP&W), Sri Lanka
09.25 – 09.40
Address by Dr. P.B. Jayasundara, Secretary to the Treasury, Sri Lanka
09.40 – 09.55
Keynote Address by Hon. Dilan Perera, Chair-in-Office of Colombo
Process and Minister of Foreign Employment Promotion and Welfare, Sri
Lanka
09.55 – 10.30
Official Photo and Coffee Break
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Session One:
Colombo Process Strategic Vision for 2014/15
Chair – Hon. (Ms.) Suraya Paikan, Deputy Minister, Ministry of Labour, Social Affairs,
Martyrs and Disability, Afghanistan
10.30 – 10.45

Colombo Process Strategic Vision for 2014/15
Presented by Mr. M. Somasundram, Secretary to Hon. Dilan Perera,
Chair-in-Office of Colombo Process and Minister of Foreign
Employment Promotion and Welfare, Sri Lanka
10.45 – 11.00

Endorsement of the Concept Paper

Summary Report on CP Coordination Meetings in Geneva:
Presented
by Ms. Manisha Gunasekara, Deputy
Representative of
11.00 – 12.00

Permanent
Sri Lanka to the UN, Geneva
General Statements by Member States
Session Two:
Priorities for Cooperation with Other Regional Migration Dialogue Mechanisms
Chair – Mr. Guntur Witjaksono, Director for Overseas Manpower Placement, Ministry
of Manpower and Transmigration of the Republic of Indonesia
12.00 – 12.30

Presentation on Other RCPs and Possible Cooperation with
Colombo Process by Ms. Maureen Achieng, Head, International
Partnership Division, Department of International Cooperation and
Partnerships, International Organization for Migration (IOM),
Switzerland
12.30 – 13.15
Plenary Discussion
13.15 – 14.15
Lunch
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Session Three:
Ethical Labour Recruitment Practices
Chair –Dr. Khondaker Showkat Hossain, Secretary, Ministry of Expatriates’ Welfare
and Overseas Employment, Bangladesh
14.15 – 14.45

Panel Discussion on Cost Effective Recruitment and Social
Protection
Panellists
o Presentation by Ms. Amuerfina R. Reyes, Deputy Administrator,
Philippine Overseas Employment Administration (POEA), The
Philippines
o Presentation by Mr. Nilim Baruah, Senior Migration Specialist, ILO
Regional Office for Asia Pacific, Thailand
14.45 – 15.45
Interactive Discussion
15.45 – 16.00
Tea / Coffee Break
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Session Four:
Ethical Labour Recruitment Practices
Chair – Mr. Suresh Man Shrestha, Secretary, Ministry of Labour and Employment,
Nepal
16.00 – 16.30

Panel Discussion on Promoting Standard Employment Contracts
Panellists
o
Presentation by Mr. Mangala Randeniya, Deputy General Manager,
Sri Lanka Bureau of Foreign Employment (SLBFE), Sri Lanka
Mr. K.O.D.D. Fernando, Additional General Manager, Sri Lanka
Bureau of Foreign Employment (SLBFE), Sri Lanka
o
Promoting Standard Employment Contracts and changes to Kafala
System – Dr. Azfar Khan, Senior Migration Specialist, ILO
Regional Office for the Arab States, Lebanon
o
UN Women initiative promoting Standard Employment Contract for
Domestic Sector – by Mr. Ramanathan Balakrishnan, Deputy
Regional Director, UN Women Asia Pacific Regional Office,
Thailand
16.30 – 17.00
Interactive Discussion
17.00 – 17.15
Wrap up and close
20.00 p.m.
Dinner with cultural show hosted by
Hon. Dilan Perera, Chair-in-Office of Colombo Process and Minister of
Foreign Employment Promotion and Welfare, Sri Lanka
At Nelum Hall, Waters Edge, Battaramulla
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Wednesday, 07th May 2014
Session Five:
Labour Migration for Development: Remittances
Chair – Ms. Carmelita Dimzon, Administrator, Overseas Workers Welfare
Administration, The Philippines
09.00 – 10.00

Panel Discussion on Promoting Cheaper, Faster and Safer
Remittances (building on studies already undertaken)
a. Remittances Regulatory Framework
b. Stakeholder Engagement and Alternative Financial Solutions
c. Remittances and Local Development
d. E-Transfer of Remittances
Panellists
o Presentation by Dr. Teegela Lakshmi Siva Bhaskar, CAO & Head –
Skills of India Centre for Migration, Ministry of Overseas Indian
Affairs, India
o Presentation by Mr. Tauhid Pasha, Senior Labour Migration and
Development Specialist, International Organization for Migration
(IOM), Switzerland on a, b, c.
o E- Transfer of Remittances – by Mr. Kalhara Gamage, Head of
Mobile Money, Mobitel, Sri Lanka
o Innovative Method of Transfer of Remittances – Mr. Aravinda
Perera, MD of Sampath Bank, Sri Lanka
10.00 – 10.30
Interactive Discussion
10.30 – 11.00
Tea / Coffee Break
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Session Six:
Proposal for Self – Funding Mechanism for the Colombo Process
Chair – Mr. Muhammad Ishaque Mahar, Joint Secretary, Ministry of Overseas
Pakistanis and Human Resource Development, Pakistan
11.00 – 11.15

Presentation by Ms. Manisha Gunasekara, Deputy
Permanent
Representative of Sri Lanka to the UN, Geneva (with expert support
from Ms. Maureen Achieng, Head, International Partnership
Division, Department of International Cooperation and Partnerships,
IOM, Switzerland)
11.15 – 12.15
Plenary Discussion
Session Seven:
Other 3 Thematic and Action Areas: The Way forward
Chair – Col. Nissanka N. Wijeratne, Secretary, Ministry of Foreign Employment
Promotion and Welfare,
Sri Lanka
12.15 – 12.30

The Third Eye: Three Other Thematic Areas of Strategic Vision of
Colombo Process by Mr. K.O.D.D. Fernando, Additional General
Manager, Sri Lanka Bureau of Foreign Employment (SLBFE), Sri
Lanka
12.30 – 12.45

Presentation on Post-2015 Development Agenda by Dr. Khondaker
Showkat Hossain, Secretary, Ministry of Expatriates’ Welfare and
Overseas Employment, Bangladesh
12.45 – 13.15
Plenary Discussion
13.15 – 14.15
Lunch
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Session Eight:
Statement on Way Forward
Chair – Col. Nissanka N. Wijeratne, Secretary, Ministry of Foreign Employment
Promotion and Welfare,
Sri Lanka
14.15 – 14.45
14.45 – 15.15

Preparation of Concluding Statement
Summary and Closing Remarks by the CP Chair, Secretary - Ministry of
Foreign Employment Promotion and Welfare
15.15
Tea / Coffee Break
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10.3. Annex 3:
SCHEDULE OF THE DELEGATES / PBARTICIPANTS / OBSERVERS / RESOURCE
PERSONS AT THE CP SOM HELD ON 6TH -7TH MAY 2014 IN COLOMBO
Country
Name of Delegate
Afghanistan Hon. (Ms.) Suraya
Designation
Deputy Minister
Paikan
Bangladesh
Dr. Khondaker
Ministry of Labour, Social Affairs,
Martyrs and Disability, Afghanistan
Secretary
Showkat Hossain
Mr. Kazi Abdul
Ministry / Institution / Organization
Ministry of Expatriates’ Welfare and
Overseas Employment, Bangladesh
Deputy Secretary
Kalam
Ministry of Expatriates’ Welfare and
Overseas Employment, Bangladesh
Ms. Begum
Director General
Ministry of Expatriates’ Welfare and
Shamsun Nahar
(Additional
Overseas Employment, Bangladesh
Secretary)
China
Mr. Yingqi Wang
Ms. Jiamu Yu
Commercial
Embassy of People’s Republic of China
Counselor
in Sri Lanka
Third Secretary
Economic and Commercial Counselor’s
Office, Embassy of People’s Republic of
China in Sri Lanka
India
Dr. T.L.S.
CAO & Head-Skills
Bhaskar
Indonesia
India Centre for Migration, Ministry of
Overseas Indian Affairs, India
Mr. Guntur
Director for Overseas
Ministry of Manpower and
Witjaksono
Manpower Placement Transmigration of the Republic of
Indonesia
Nepal
Mr. Gede Wira
Official of
Directorate for Overseas Manpower
Pradnya,
International
Placement, Ministry of Manpower and
Cooperation Sub-
Transmigration of the Republic of
division
Indonesia
Secretary
Ministry of Labour and Employment,
Mr. Suresh Man
Shrestha
Mr. Buddhi
Bahadur Khadka
Nepal
Joint Secretary
Ministry of Labour and Employment,
Nepal
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Pakistan
Mr. Muhammad
Joint Secretary
Ishaque Mahar
Mr. Rana Matloob
Human Resource Development, Pakistan
Director (Research)
Ahmed
The
Ms. Carmelita
Philippines
Dimzon
Ministry of Overseas Pakistanis and
Bureau of Emigration and Overseas
Employment, Pakistan
Administrator
Overseas Workers Welfare
Administration, The Philippines
Ms. Amuerfina R.
Deputy
Philippine Overseas Employment
Reyes
Administrator
Administration, The Philippines
Ms. Luz Victoria
OIC-Executive
Technical Education and Skills
Amponin
Director
Development Authority, The Philippines
Mr. Saul De Vries
OIC-Director
Department of Labour and Employment,
The Philippines
Thailand
Ms. Rosanna Siray Welfare Officer
POLO-Singapore/ The Philippines
Singhadet Chu-
Department of Employment , Ministry of
Inspector
Umnart
Vietnam
Labour, Thailand
Ms. Pimpaporn
Senior Labour
Ministry of Labour, Thailand
Thitayanun
Officer
Ms. Ngamchit
Labour Specialist
Department of Employment, Ministry of
Lokluang
Professional Level
Labour, Thailand
Mr. Tong Hai
Deputy Director
Department of Overseas Labour,
Nam
General
Ministry of Labour and Invalids and
Social Affairs, Vietnam
Ms. Pham Thi Lan
Official
Huong
Department of International Cooperation,
Ministry of Labour and Invalids and
Social Affairs, Vietnam
Sri Lanka
Hon. Dilan Perera
Minister of Foreign
Ministry of Foreign Employment
Employment
Promotion and Welfare, Sri Lanka
Promotion and
Welfare
Col. Nissanka N.
Wijeratne
Secretary
Ministry of Foreign Employment
Promotion and Welfare, Sri Lanka
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Mr. M.
Private Secretary to
Ministry of Foreign Employment
Somasundaram
Hon. Minister
Promotion and Welfare, Sri Lanka
Ms. I.T.
Additional Secretary
Ministry of Foreign Employment
Weerasinghe
Promotion and Welfare, Sri Lanka
Ms. Manisha
Deputy Permanent
The Permanent Mission of Sri Lanka to
Gunasekara
Representative of Sri
the United Nations Office at Geneva
Lanka to the UN
Geneva
Mr. Chathura
Second Secretary
Perera
The Permanent Mission of Sri Lanka to
the United Nations Office at Geneva
Mr. M.I. Seyed
Advisor to Hon.
Ministry of Foreign Employment
Ahamed
Minister
Promotion and Welfare, Sri Lanka
Ms. K.N.
Coordinating
Ministry of Foreign Employment
Abeygunawardena
Secretary to Hon.
Promotion and Welfare, Sri Lanka
Minister
Mr. K.O.D.D.
Additional General
Sri Lanka Bureau of Foreign
Fernando
Manager
Employment, Sri Lanka
(International
Affairs)
Ms. Kisholi Perera Additional General
Manager (Corporate
Sri Lanka Bureau of Foreign
Employment, Sri Lanka
Affairs)
Observers /
Ms. Barbara
Advisor Migration
Swiss Agency for Development and
Resource
Weyermanna
and Development
Cooperation (SDC), Nepal
Persons /
Mr. Jean Michael
Director of
Swiss Agency for Development and
Parallel
Jordan
Cooperation
Cooperation, Sri Lanka
Workshop
Mr. Benil
National Programme
Swiss Agency for Development and
Participants
Thaverassa
Manager
Cooperation, Sri Lanka
Mr. Giuseppe
Chief of Mission
International Organization for Migration
Crocetti
Mr. Shantha
Kulasekara
(IOM), Sri Lanka
Head of Migration
International Organization for Migration
(IOM), Sri Lanka
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Ms. Ellene Sana
Executive Director
Center for Migrant Advocacy, The
Philippines
Mr. Ashley
Regional Coordinator
Migrant Forum in Asia, The Philippines
Rights Advocate
Community Development Services
William Gois
Mr. Andrew
Samuel
(CDS),
Sri Lanka
Dr. Chowdhury
Chairman
Abrar
Ms. Manju
Refugee and Migratory Movements
Research Unit, Bangladesh
Chairperson
Pourakhi, Nepal
Regional Coordinator
National Domestic Workers Movement –
– NDWM-AP
AP, India
Mr. H.P.
Senior Assistant
Ministry of Foreign Employment
Sumanasekara
Secretary
Promotion and Welfare, Sri Lanka
Mr. M.A.N.
Deputy Director
Ministry of Foreign Employment
Gurung
Dr. Lissy Joseph
Ahamed
Promotion and Welfare, Sri Lanka
Mr. Mangala
Deputy General
Sri Lanka Bureau of Foreign
Randeniya
Manager (Foreign
Employment, Sri Lanka
Relations and
Publicity)
Mr. M.R.C.B.
Deputy General
Sri Lanka Bureau of Foreign
Ekanayake
Manager (Planning,
Employment, Sri Lanka
Research and
Marketing)
Ms. E.A. Silva
Programme Manager
Center for International Migration,
Sri Lanka
Resource
Ms. Maureen
Head, International
International Organization for Migration
Persons
Achieng
Partnership Division
(IOM), Switzerland
Mr. Tauhid Pasha
Senior Labour
International Organization for Migration
Migration and
(IOM), Switzerland
Development
Specialist
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Dr. Azfar Khan
Senior Migration
ILO Regional Office for the Arab States,
Specialist
Lebanon
Senior Migration
ILO Regional Office for Asia Pacific,
Specialist
Thailand
Mr. Ramanathan
Deputy Regional
UN Women Asia Pacific Regional
Balakrishnan
Director
Office, Thailand
Mr. Aravinda
Managing Director
Sampath Bank PLC, Sri Lanka
Mr. Kalhara
Head of Mobile
Mobitel, Sri Lanka
Gamage
Money
Mr. Nilim Baruah
Perera
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10.4. Annex 4:
COUNTRY STATEMENTS
Statement by Afghanistan
Although a large number of Afghans are working in neighbouring countries, the instability
that prevailed in the past has resulted in the process of labour migration being unregulated.
The government has now streamlined the mechanisms for better migration of labour.
The vision of the government is “Decent Employment for Afghan Workers” (men and
women) overseas.
Since labour migration is relatively new to Afghanistan, our objective is to establish the
mechanisms including a regulatory framework, develop institutional capacity, reintegrate
returning migrants, look into the welfare of families left behind, facilitate remittances and its
effective use.
Host countries can help Afghanistan by allocating a specific quota for Afghan workers. The
International Community can contribute by supporting programmes and projects in the field
of labour migration. Countries of Destination can play a significant role in helping
Afghanistan tackle the issue of unemployment by providing employment opportunities to
Afghan workers in their respective countries. Our Ministry would like to protect the rights of
the labour population with disabilities working in different countries in accordance with the
provisions of the convention by seeking reasonable accommodation in the host countries.
There are five priority areas for Afghanistan:
1. Support the National Employment Policy and Strategy – The Government has
committed itself under the National Priority Programme to develop the skills of
Afghanistan’s labour force so that they are more productive, and have more
marketable skills. To facilitate greater employment outcomes, a National
Employment Policy and Strategy (NEPS) are being developed. In the context of
employment, the country can also draw significant benefits by tapping the vast
opportunities of overseas employment for the Afghan workforce.
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2. Regulatory Frameworks – Afghanistan will not be able to efficiently mainstream its
labour to the international labour market without licensing the private sector labour
sending companies, vocational training for jobseekers and making them employable
in the overseas labour markets, selection of workers based on job requirements and
monitoring the process within a standard regulatory framework.
3. Memorandum of Understanding with host countries – Seeking MoUs with key
labour hosting countries and also making efforts to allocate ‘quotas’ for Afghan
workers for a specific period of time.
4. Establishment of Labour Market Information System – In order to improve
employment opportunities for Afghan workers, a better understanding of the
employment data, trends and opportunities is required.
In facilitating remittances and its effective use, the Government of Afghanistan together with
the Central Bank of Afghanistan and other commercial banks has developed a regulatory and
incentive framework supporting the flow of official remittances. The Government has also
ratified the UN Convention on the Rights of Persons with Disabilities.
Statement by Bangladesh
It is indeed my pleasure to represent Bangladesh in this important regional meeting of the
Colombo Process countries. First, allow me to express my sincere gratitude to the
government of Sri Lanka for hosting this event. The Bangladesh delegation certainly believes
that the process of collaboration of the partner countries will receive a major boost through
this meeting.
Like other Colombo Process countries labour migration has increasingly become an
important pillar of Bangladesh’s development process. Last year, 41 million Bangladeshi
workers received employment overseas and the country earned more than $14 billion from
this sector as remittances. There are 8.7 million workers employed in 159 countries all over
the world. This constitutes 11% of the GDP. Considering the importance of the sector to the
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country’s economy and society, the government of Bangladesh has undertaken a number of
initiatives for transparent and effective management of the sector.
These include enactment of the Overseas Employment and Migrants’ Act 2013, a review of
the Overseas Employment Policy, framing the Pre-departure Orientation Manual and the
establishment of the Probashi Kallayan Bank (Migrants’ Welfare Bank). 2.2 million Aspirant
migrant workers are registered in a database which will eliminate intermediaries and reduce
the cost of migration.
Allow me to take this opportunity to inform you about the recently concluded Global
Experts’ Meeting on Migration in the post-2015 Development Agenda that was organised by
the Bangladesh government a few days ago. This meeting recognised that migration remains
one of the means for individuals to seek freedom of choice and opportunity. It also provides
avenues to better livelihood options, overcome poverty, escape conflicts, adapt to economic
and environmental challenges and strive for a more prosperous future for migrants and their
families. Migration is first and foremost about people, their dignity, wellbeing, human rights
and fundamental freedoms, and the cumulative outcome of individual endeavours.
I take this opportunity to share my government’s view that the relationship between
migration and the MDGs has not been widely explored, although both the migration and
development communities are becoming increasingly aware of the link between international
migration and development. The current MDGs do not involve human mobility.
There is a global recognition that migration is a driver and enabler for sustainable
development and migrants can be agents of development. The recent Dhaka meeting builds
on the growing convergence of opinion – among governments, international organisations
and civil society – that migration and migrants are integral components of development,
which has been reiterated in the deliberations and outcomes of a number of key global events
so far. Through these, the States and other stakeholders have been calling on the leaders to
integrate migration in the Post-2015 Development Agenda. These are to feed into the
evolving deliberations within the Open-ended Working Group on Sustainable Development
Goals.
The Government of Bangladesh appreciates the thematic areas selected for deliberation in
this meeting of senior officials.
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Those include:
(a) Review of the qualification recognition process,
(b) Promotion of cheaper, faster and safer transfer of remittances,
(c) Foster ethical recruitment practices,
(d) Effective pre-departure orientation and empowerment including skills development and
(e) Development of a database on the economic trends in the destination countries.
Allow me to inform you that our government has engaged proactively on each of the above
themes. We strongly believe that deliberations of these two days will provide important
insights and sharing of good practices that exist in the participating countries for us to take
back and feed into our own national initiative.
Statement by Indonesia
I extend a very good morning to Honourable Minister Dilan Perera and the Senior Officials
of the CP Countries. First of all, on behalf of my Government, I would like to extend our
profound gratitude to the Government of Sri Lanka for successfully conducting this meeting
and for hospitality extended to our delegation. We also convey our thanks to the IOM for its
commitment to support CP since the first meeting in Colombo in 2003.
Indonesia, as the third chair of CP in 2005, fully supports the continuation of this Process,
as well as the CP Strategic Vision 2014/1015 launched by Sri Lanka. We understand that the
Abu Dhabi Dialogue was also established as a countermeasure of our initiative, we hope that
both Forums could supplement each other, and to strengthen our common position as sending
countries in Asia in achieving better protection and welfare of our migrant workers. In this
occasion, we would like to remind that at the third meeting of CP in Bali 2005, we invited
some major destination countries to sit and learn together concerning migrant workers
problems, opportunity and their prosperity.
In relation to this, our mission in Geneva, supported by the IOM, could function as virtual
secretariat, by providing assistance, reports, and know-how in bridging the gap between the
countries of destination and the origin.
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The recent meetings, including the previous ones in Geneva were very productive, as they
have proposed some important points such as: CP modality, CP position related to ADD, and
also recognition of CP as one of RCPs under the GFMD framework.
Indonesia is very concern with the situation of vulnerable migrant workers particularly who
work in domestic sector, that most of them are woman. The Minister of Manpower and
Transmigration-Indonesia, H.E. Mr. Muhaimin Iskandar, has declared a vision that by 2017,
the placement of Indonesian migrant domestic worker will be “zero”, or at least they work
based on clearer occupational task, no more multitasking work with unclear working hour.
In relation to this, we apply moratorium policy to some major destination Countries
particularly in the Middle East, while also promoting Government to Government Agreement
regarding placement and protection of this informal worker.
In closing, we believe that under the Government of Sri Lanka’s vast chairmanship, we could
promote better understanding, common and mutual interest of migrant worker issues, and the
CP to be recognized as effective and strong RCPs in giving voices and measures for the sake
of migrant workers’ protection and welfare.
Statement by Nepal
It is my pleasure to address the Senior Officials Meeting of the Colombo Process. First of all,
I would like to congratulate the Government of Sri Lanka for chairing the Colombo Process.
The establishment of the Colombo Process has helped the Regional Consultative Process on
the management of overseas employment and contractual labour for countries of origin in
Asia. The five thematic areas prescribed for this meeting are both timely and relevant.
In any country, remittances contribute significantly to economic development, and Nepal is
no exception. If properly channelled, to the productive sector, it can create employment
opportunities, build new infrastructure and services. For millions of people worldwide where
there are no sources of a livelihood in their home countries, remittances provide the poor
households the basis for survival. Money sent home to the families have not only provided
them the basic needs of life but also helped to empower them economically. In Nepal’s case
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too, remittances have been a boon in reducing poverty, and it could very well eliminate
poverty in the next 20 years if part of the resources are put to productive use.
The ratio of remittance to GDP in Nepal is one of the highest in this region being 24.7
percentages, while it is sixth position in the world according to the World Bank report of
2013. Recent data shows that the remittance increased by 34.1% in the last eight months of
this current fiscal year of 2013/2014.
It is also a terrible fact that Nepalese society has been paying a high social cost for getting
remittances. All the countries of origin should be sensitive on this issue and there should be a
collective effort to formulate a strategy to address such issues.
There is thus a need for developing appropriate policies and programmes to promote cheaper,
faster and safer transfer of remittances. It is urgent that we should work seriously on the use
of remittances in order to accelerate the socio-economic developmental activities so that the
youth can find employment and could be retained in our respective countries.
Poverty anywhere constitutes a danger to prosperity everywhere. This is more so in an
interconnected and interdependent world in which we live today. Every year about four
hundred thousand Nepalese youth enter the job market. Majority of them remain unemployed
due to unavailability of job opportunities or lack of employable skills at home. As a result,
about 1500-1800 Nepalese youth leave the country every year and more than 3.2 million
Nepalese are working as migrants with proper documentation. Taking excessive fees due to
unhealthy competition among recruiting agencies and giving false promises on the benefits to
the migrant workers by the Nepalese recruiting agencies are unethical labour recruitment
practices in Nepal. Likewise, Nepal faces the unethical recruitment practices in the
destination countries by not providing benefits such as monthly salary, overtime, proper
accommodation, food and other logistics, medical insurance and others including human
rights as per the contract by the employers.
Therefore, Nepal is in favour of fostering ethical labour recruitment, common wage levels
and insurance protection of our migrant workers through the Colombo Process. For this
reason, we should promote the harmonized regional standard employment contract. I would
like to recall the moment we gathered in Colombo in the first week of December 2013 and
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had vigorous discussion in the presence of representatives of the governments of the
Gulf Cooperation Council countries.
But it remained only as a draft as the representatives from the GCC opined that they had
come to listen only as to what the countries of origin discuss on the Standard Employment
Contract.
It is very welcoming news of the recent cabinet decision in Qatar dated 30th April 2014, that
Qatari employers will be obliged to transfer wages to the bank accounts of workers and
toughen punishment for offenders. We should support the Qatari decision and request to
follow accordingly by all GCC countries.
The Colombo Process should also focus to enhance on skill, information and orientation for
safer and decent migration. We should also look into the Kafala (sponsorship) system in the
Middle East. This system has resulted in our migrant workers confronting numerous
difficulties.
It should also focus on its role on skills development activities, improvement on labour
management information systems and fulfilment on technological gaps prevailing in the
Colombo Process member countries for safer migration. I hope this Colombo Process
meeting will contribute to a positive direction for our foreign labour migration governance to
ensure secured, organised and respected profession in foreign employment.
On behalf of the Government of Nepal, I would like to support the Colombo Process
Strategic Vision 2014/15 with five thrusts and themes discussed in Geneva with our
Permanent Representatives. I would like to uphold the ideas expressed here by Mr.
Somasundaram, Secretary to the Honourable Dilan Perera and Madam Manisha Gunasekara,
Deputy Permanent Representative of the Permanent Mission of Sri Lankan in the UN in
Geneva. It is an extremely good idea to create ADD Troika of a joint ADD-CP technical
working group.
Finally, I would like to thank the Government of Sri Lanka and all associated organisers for
the cordial hospitality extended to my delegation.
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Statement by Pakistan
First of all, I would like to appreciate the efforts of the current Chair and the Colombo
Process, Sri Lanka for extending warm hospitality to us and making excellent arrangements
for the Senior Officials’ Meeting at Colombo, Sri Lanka. I am delighted that the CP is
providing a common platform for Member States/labour sending countries to resolve
common issues faced by their migrant labour force in destination countries, particularly in
GCC countries. It provides opportunities for all Member States to sit together in order to find
ways and means to minimise the issues of their migrant workers.
The migrant workers of our countries are not only strengthening the economies of their
countries of origin by way of valuable foreign remittances, they are also playing a vital role
in the development of the destination countries.
The thematic areas communicated by the Chair of the CP are very important. The review of
qualification and recommendation process is required to evolve a common strategy by
Member States of the CP due to different standards for migrant workers in various countries
of destination, especially the GCC, thereby creating various problems for the workers.
As far as the move to promote cheaper, faster and safer transfer of remittances is concerned,
the Government of Pakistan is making every effort to maximise the remittance of Overseas
Pakistanis through legal banking channels and these efforts have resulted in an increase in the
remittances of Overseas Pakistanis during the last five years. The Overseas Pakistanis
Foundation has introduced various incentives to those Pakistanis who remit their earnings
through regular banking channels and the Ministry of Overseas Pakistanis and Human
Resources Development is trying to further enhance these efforts with the collaboration of the
Ministry of Finance, the Federal Board of Revenue and the State Bank of Pakistan.
For the purpose of fostering ethical labour recruitment, common wage levels and insurance
protection, the promotion of standard employment contracts, especially focusing on issues of
contract substitution and creating a registering mechanism for contract are being promoted.
I assure you on behalf of the Government of Pakistan to extend all possible cooperation to the
CP Member States to evolve a common strategy in this regard.
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We as Member States must not engage in negative competition with regard to the
procurement of manpower for destination countries in the GCC at the cost of protection of
our migrant workers. I am also confident that the GCC countries are also making their best
efforts to resolve the issue of migrant workers and efforts made at meetings of the CP and the
ADD can make the achievement of the desired results possible.
Sharing ideas on pre-departure orientation programmes and briefing among CP Member
States can facilitate migrant workers to be aware of their legal rights in the destination
country. It will also facilitate the smooth integration of migrant workers with the
communities in host countries.
Developing a database on economies of the destination countries can also facilitate the CP
Member States to impart appropriate skills that match the demand and thereby disseminate
proper information regarding skills/job availabilities in destination countries in the Gulf.
Sharing knowledge among member States can facilitate the protection of rights of each
other’s migrant labour force. Once again I congratulate the Government of Sri Lanka,
international organisations and organisers of this event on behalf of the Government of
Pakistan for providing us a unique opportunity to discuss the common issues faced by
migrant workers and find solutions together.
Statement by the Philippines
Greetings Your Excellency, Dilan Perera, Minister of Foreign Employment Promotion and
Welfare and Chair-in-Office of the Colombo Process; Excellencies; Distinguished Delegates,
Friends from International Organizations and civil society, guests, ladies and gentlemen. It is
an honour for the Philippines to once again participate in the discussions of the Colombo
Process. We thank the Government of Sri Lanka for hosting this very important meeting.
The Philippines declares its support to the Strategic Vision of the current Chair. The Strategic
Vision embodies our common aspirations as Member States as it provides a framework for
our engagements in the next two years. The Vision will serve as a guiding tool in
harmonizing and prioritizing our collaborative efforts.
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The Agenda
Excellencies, we support the Agenda of this Senior Officials Meeting.
Ethical Labour Recruitment Practices - As a country that had 1.8 M Filipinos who left the
country for overseas employment last year, we are pleased to participate in the discussion on
the issue of ethical labour recruitment practices. We believe that adherence to the principle of
ethical labour recruitment is a step forward to addressing the multiple issues confronting
labour migration.
We believe that malpractices in recruitment can be countered by propagating a culture of
ethical recruitment among market actors in countries of origin. Our years of consultations in
the Colombo Process have afforded us sufficient time to reflect on encouraging country-level
adoption of voluntary codes of ethical practices in recruitment. This meeting can be a turning
point for us to identify the practicable items under those codes. Toward this end, we offer the
following for consideration:
First, a culture of ethical recruitment must be firmly anchored on the principle of shared
accountability and transparency among all actors in overseas employment: governments,
employers, recruitment agencies and migrant workers.
Second, for any fair and ethical labour recruitment practice by recruitment agencies,
a selection and qualification system for foreign employers must be adopted. Employers must
be willing to pay the “right service fee” to the recruitment agencies for the right workers that
they need. More importantly, as we pursue the Decent Work Agenda, they must provide
decent and humane terms and conditions of employment for the migrant workers.
Third, local recruitment agencies and governments responsible for regulation and
documentation of migrant workers must put in place easy, streamlined and transparent
processes for recruitment of migrant workers. If countries of origin (COOs) and countries of
destination (CODs) adhere to common policies on recruitment fees, for example,
enforcement, supervision and monitoring becomes more efficient and effective.
Remittances - We look forward to engaging the Member States in continuing discussions on
the issues related to migrants’ remittances.
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Providing financial literacy and financial management services, as well as employing
advocacy tools for migrants, while reducing the cost of remittances, may lead to more savings
and less borrowing and consequently, more available resources for migrants and families that
can be used for productive endeavours, especially during reintegration.
The Philippines is supportive of advocacies that can usher an era of accountable yet cheaper
and safer transfer of remittances for migrant workers from countries of destination for their
families.
At this point, Your Excellencies, ladies and gentlemen, we would like to bring forth
a proposal. Since the Senior Officials Meeting of the Abu Dhabi Dialogue will be held in
Kuwait on May 22, 2014, we would like to propose that the Colombo Process Member States
come up with a common agenda that is confirmed in this meeting, so that we can have
a unified and strengthened position on issues that affect the welfare of our migrant workers,
particularly the protection of their human and labour rights; that we should be one in
emphasizing that we deal with human beings in labour migration.
In closing, on behalf of our Minister of Labour, Madam Rosalinda Dimapilis-Baldoz and the
Philippine Delegation, I would like to convey the assurances of the Philippine Government of
its continued support to country-level exchanges and regional collaborative efforts that will
enhance the welfare and development of our migrant workers. We look forward to a candid
and honest exchange of ideas and insights for a productive two-day meeting. Thank you,
Excellencies.
Statement by Sri Lanka
Sri Lanka is a small island of 65,000 sq. Kilometres with a population of 21 million. In terms
of world comparisons, Sri Lanka is densely populated.
Sri Lanka has a short term migrant population of 1.7 million, which is 25% of the labour
force. This migrant labour force contributed USD 6.6 billion in foreign exchange, which is
33% of the country’s export income. The remittance income forms 8.3% of her GDP. Nearly
25% of our population is impacted by migrant labour.
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The composition of the migrant workforce is heavily weighted to women, which in 1997 was
about 75%. This proportion has changed in recent years from 75% in 1997 to a lower level of
45% in 2013. This has been achieved both by reduction of whole number and in relative
number, where male migrant workers had increased substantially. Sri Lanka has consciously
followed a policy of reducing the percentage of female domestic workers, fixing a maximum
target of 35%.
There is an absence of an adequate mechanism to capture global labour market information
and identify foreign employment opportunities. In addition, there is no mechanism to match
labour demand and supply, so that facilities could be arranged for adequate numbers to
acquire skills and to choose the destinations offering the highest returns. The absence of such
a mechanism and non-sharing of existing information are critical issues that hinder human
resource planning for the foreign employment sector.
There is a high concentration of overseas labour migration in low-skill job categories and to a
few destinations. The high percentage of low skill migrants lead to poor working conditions,
hardships encountered due to harassment and abuse and low average levels of remittances.
The high dependence (about 80%) on the Gulf countries creates vulnerabilities. High social
costs of migration of unskilled female migration are also noted through negative impacts on
families, especially on spouses and children.
There are institutional and legislative constraints: The prevailing institutional framework,
with the main institutions responsible for labour migration at the top, is inadequate to address
the complex problems emerging in this field.
Sri Lanka has followed a policy of skill up-gradation. It is a policy that female domestic
workers get a NVQ qualification. By all these means, Sri Lanka will restructure her migrant
labour people to make her labour semi and skilled.
Sri Lanka believes that for the benefit of all member countries, it will be very appropriate if
the Colombo Process could develop standard guidelines to foster ethical recruitment and
manage the immigration process in a more orderly manner. These guidelines could be
adopted by the member States if they so wish.
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A discussion on a self-funding mechanism has been planned in one of the sessions, which if
adopted, will be very useful to provide the much required sustainability and stability to this
important RCP. This would lead towards resolving the present problem on lack of follow-up
action on consensus reached at CP resolutions. It will be necessary to establish a secretariat
with a continuity of operations in order to ensure proper follow-up action on consensus
reached at CP meetings. A self-funding mechanism will most certainly facilitate this much
needed follow-up as well.
Lastly, it is seen that there are new countries in Asia that have become countries of origin in
the recent past. It is strongly recommended that if these countries wish to join the CP, their
requests should be favourably considered so that the CP can be made more meaningful.
Statement by Thailand
Secretary, Ministry of Foreign Employment Promotion and Welfare, Distinguished Senior
Officials, Ladies and Gentlemen
First of all, on behalf of the Ministry of Labour, Thailand, I would like to take this
opportunity to thank Ministry of Foreign Employment Promotion and Welfare, Sri Lanka, for
your warm welcome and hospitality. I am also glad to meet our old friends again since the
last Meeting we had in Dhaka in 2011.
The Colombo Process was initiated with the aim to facilitate sharing of experiences, best
practices and development on migration, capacity building, data sharing and inter-state
cooperation. This Regional Consultative has been continued for more than 10 years since its
inception in 2003. Throughout this period, the initiatives, activities and cooperation among
members have great benefits to member countries, including Thailand.
Migration is a global phenomenon that existing for many years. It has contributed to the
economic growth of both Sanding and Receiving States and also to migrants themselves.
Hence, the protection and promotion of a safe and regulated migration is necessary,
particularly for the employment of contractual workers.
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The five Thematic Areas that we will discuss today, namely, Review the Qualification
Recognition Process; Promote Cheaper, Faster and Safer Transfer of Remittances; Foster
Ethical
Labour
Recruitment
Practices;
Effective
Pre-Departure
Orientation
and
Empowerment; and lastly Develop a Database on the Economic Trends in the Destination
Countries are vital issues that contribute to the maximize benefits and minimize cost of
migration.
As for Thailand, we have sent our workers to work overseas for many years. At present,
there are around 500,000 (five hundred thousands) Thai workers working outside Thailand
with the remittances of nearly 100,000 million (one hundred thousand million) Baht per year.
With this amount of our people working overseas, we have initiated various policies and
measures to protect them. In this regard, I would like to take this opportunity to share with
you some measures that were initiated.
First is the establishment of One-Stop-Service Centre for overseas employment in 2003.
The Centre is an integration of concerned agencies both public and private to provide
overseas employment services to Thai workers.
The services that being provided are
E-employment; information on overseas employment; low interest loan; advises on skill
training as the examples.
Second is the establishment of Pre-departure Training Centre. Each year, there are around
100,000 (one hundred thousand) Thai workers attend this pre-departure training programme.
The training is a compulsory for every worker before going to work overseas. It provides
workers with information on overseas employment procedure; rights and responsibility under
the employment contract, law and regulation of that country; working condition; culture;
complaint mechanism and Thai government office in that country.
And the last example is the establishment of Overseas Workers Assistance Fund. Each
worker has to be member of the Fund before going to work overseas. The Fund will be used
to assist workers who face difficulty while working overseas or having problem with the
employers or being exploited or trafficking.
These are the practices that Thai government has initiated to protect Thai workers overseas.
The details can be discussed during the upcoming Session.
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Before I conclude my remarks, I would like to reiterate that migration is a global
phenomenon that has created both benefits and challenges during the migration process. As a
result, the safe and regulated migration and the promotion and protection of the rights of
migrants are deemed necessary and could not be ignored.
Lastly, once again I would like to thank Ministry of Foreign Employment Promotion and
Welfare, Sri Lanka for your excellence arrangement.
I am confident that under your
chairmanship, the Meeting will have a fruitful discussion and recommendations for our future
cooperation. I also would like to extend my sincere thank to IOM for making this meeting a
success.
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10.5. Annex 5:
STATEMENT BY SWITZERLAND TO THE CHAIR-IN-OFFICE OF THE
COLOMBO PROCESS ON THE OCCASSION OF THE 1ST SENIOR OFFICIALS’
MEETING OF THE COLOMBO PROCESS, 6TH - 7TH MAY 2014, COLOMBO
Honourable Dilan Perera, Chair-in-Office of the Colombo Process and Minister of Foreign
Employment Promotion and Welfare,
Distinguished Col. Nissanka N. Wijeratne, Secretary of the Ministry of Foreign Employment
Promotion and Welfare,
Switzerland is honoured by the invitation of the Sri Lankan Government to join the first
Senior Officials’ Meeting of the 5th round of the Colombo Process. We would like to express
our sincere thanks to the Government of Sri Lanka for hosting this meeting and for inviting
Switzerland to participate as an observer.
Over the past four years of its engagement with labour migration issues, Switzerland has
supported governments and civil society in countries of origin to improve wellbeing and the
protection of their migrating citizens.
The fact that many of the protection issues are jointly faced by most sending countries has led
us to engage more strongly in efforts that facilitate and strengthen collaboration among
countries of origin, hence our support to the Colombo Process.
We would like to express our appreciation for Sri Lanka’s strategic vision for the
5th Colombo Process 2014/15 which focuses on five thrusts and five highly relevant thematic
areas. We are encouraged by the Sri Lankan governments’ commitment to in-depth
discussion on action.
We would like to echo the statements made by Nepal and Pakistan which expressed the
interest to intensify the collaboration among member states of the Colombo Process and to
work for decent conditions of employment together, without fear of competition between
member states.
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The issues discussed at this first Senior Officials’ Meeting are of crucial importance for
well-being of worker and for the economic and social development of countries of origin.
Ethical and fair recruitment practices represent an essential element to ensure the protection
and the well-being of migrant workers. Switzerland recognizes the urgency and relevance to
engage in this sector. We presently support various initiatives and processes in countries of
origin. In Sri Lanka, Bangladesh and Nepal for instances, we support a better regulation and
monitoring of the recruitment industry.
We are presently discussing with stakeholders on how to expand our engagement at the
global level. Ethical and fair recruitment requires a multi stakeholder approach in which,
governments, the private sector, the trade unions and the civil society have an important role
to play. As Switzerland is presently considering ways to engage further, we were very
interested to hear your thoughts on this important topic.
Ensuring ethical, transport and responsible engagement of the recruitment industry was
among the recommendations of the Global Experts Meeting on Migration in the Post-2015
Development Agenda, which took place in Dhaka on 28th -29th April 2014 and was attended
by member states of the Colombo Process. Switzerland appreciated the report on these
recommendations by Bangladesh to the SOM and the fact that the CP member states were
encouraged to better integrate migration into their national policies and to coordinate their
efforts on the Post-2015 Agenda.
A standardized contract particularly for domestic workers would be a great step forward
towards a better protection of the most vulnerable group of migrants. Hence, the SOM’s
decision to take the standard contract for domestic workers discussed at the Asia-Gulf States
Regional Dialogue on Standard Terms of Employment for Migrant Domestic Workers in
December 2012 in Colombo to the Abu Dhabi Dialogue is a significant milestone.
Switzerland will explore possibilities to support the Colombo Process in this area.
Switzerland works closely with civil society and regards civil society organizations as key
actors to advocate for migrants’ and their families’ rights. We appreciate therefore the
openness and willingness of the Chair-in-Office to accommodate the CSOs as observers.
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We hope that the demonstrated level and quality of engagement with these important
stakeholders can be continued by the Colombo Process.
We would like to thank the Government of Sri Lanka for its leadership and hospitality and
look forward to continue our collaboration and support for this important process.
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10.6. Annex 6:
PARALLEL SESSIONS FOR OBSERVES AND OFFICIALS
SESSION 1: BEYOND REGULATION: SERVICES OFFERED BY SLBFE FOR
WELFARE OF ‘RATAVIRUWO’ (MIGRANT HEROES) FAMILIES
Presented by: Mr. M.R.C.B. Ekanayake, Deputy General Manager (Planning, Research and
Marketing), Sri Lanka Bureau of Foreign Employment, Sri Lanka
Points brought up during the discussion:

Countries of origins have adopted methods to improve education, pre-departure
training etc. But this continues to remain a sector / area in need of improvement.
The domestic sector is the largest sector and a market that the countries of origin will
not want to lose. The Colombo Process should provide the forum to address crucial
issues such as protection and welfare through a strategy of common understanding.

Make migrant workers and their rights safeguarded by the domestic labour laws so
that their rights are ensured

The draft Standard Employment Contract can be a positive beginning towards
ensuring safety and protection of migrant workers. The Abu Dhabi Dialogue is an
opportunity to take the Standard Employment Contract forward.

Protection and Conventions, especially for women migrant workers should be looked
at in a broader perspective.

Despite the signing of bilateral agreements by Countries of Origin, the
implementation aspect remains a challenge.


The issues raised on the concept of Mega Recruitment Companies (MRC)
-
MRCs function as a recruitment agent. They are not the employers.
-
The normal employer – employee relationship is interrupted.
Verification requirements could be made mandatory by all CP countries, which would
ensure that the receiving country follows the verification process. Countries of origin
must adopt a common stand.
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
There had been a proposal to establish a CP information and complaint receiving
centre through a collective effort during the first CP chair in 2003. This could be an
area for discussion at a future CP meeting.
Suggestions:

Proper Pre-departure training for domestic workers including language skills.

Common database for CP Member States which includes recruitment agents and
employers that have been black listed.

Common Insurance Scheme (not to be borne by the migrant workers).

Monitoring system could be activated through the UN or Human Rights Commission
with the support of ILO and IOM regional offices.

Shelter homes for male and female migrant workers in destination countries with legal
support.

The issue of the Mega Recruitment Company should be analyzed with the pros and
cons taking in to consideration the safety and protection of migrant workers and cost
of recruitment.

Minimum Wages.
SESSION
2:
CHAIRED
BY
MR.
ASHLEY
WILLIAM
GOIS,
REGIONAL
COORDINATOR, MIGRANT FORUM IN ASIA, PHILIPPINES
Protection of Migrant Workers’ Families

A needs perspective must identify the issues faced by families of migrant workers.

It is pertinent to examine how CP Member States could develop the concept of
protection

Protection is common to all countries, which has been a long felt need. Sri Lanka has
engaged in a great number of projects to safeguard the rights of its migrant workers.

Sri Lanka shared the initiative it had taken towards protecting families of migrant
workers with the implementation of the family background report.
 Mothers with children below 5 years of age are not encouraged to migrate. Female
migrant workers belonging to this group are educated on the importance of the
presence of the mother during the first few years of development of the child.
Psychological as well as social benefits are emphasized.
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 Licensed agents play a bigger role. They will bear more responsibility.
 It is a mandatory requirement that a licensed agent cannot recruit without a report
on the family background.
 The process is monitored through the ID card number and the passport number.
 Pre-adolescence and adolescence are educated on obtaining protection and
avoiding abuse.
 The caregivers are educated on their responsibilities towards the children, which
includes not only protecting children from abuse but also ensuring developmental
aspects of growth.
Issues highlighted:
Nepal

38 is the bar for certain countries. Due to this reason Nepali workers migrate via
India.

Department of Foreign Employment has stopped approval of females going abroad as
migrant workers.

A majority of Nepali women are illiterate.
Bangladesh

Maximum age for migration is 51 years. All migrant workers are registered in a
database. They are given a smart card prior to departure. Information of the migrant
workers is included in the smart card.

Welfare is the biggest challenge faced.
Philippines

Minimum age for migration is 22 years.

Legally binding contract - after 2years when they return, if they have not been
paid the amount mentioned in the contract, they can claim the balance difference
from the licensed agent.

If they have no option in the country or if other avenues are not provided they
prefer to go abroad.
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India

30 years age bar.

Getting false documents, extra money, migrating through visit visa or tourist visa are
some of the main issues faced by India.

Women should have other opportunities to go away from an abusive place and sustain
her.

If they don’t get clearance from on Mumbai they go from Delhi.
Suggestions:
 Have a separate thematic discussion for CP countries under an expert meeting to
analyze if the measures taken for protection of migrant workers families were
successful.
 Options other than migrating for employment can be created for female migrant
workers. Series of option to be examined.
 CP member countries to share their learning and best practices and establish a
working paper.
Participants of the Parallel Session:
1. Mr. Amal Senalankadikara, Chairman, SLBFE, Sri Lanka
2. Mr. Andrew Samuel, Rights Advocate, Community Development Services (CDS), Sri Lanka
3. Mr. Ashley William Gois, Regional Coordinator, Migrant Forum in Asia, Philippines
4. Mr. Benil Thaverassa, National Programme Manager, SDC
5. Dr. Chowdhury Abrar, Chairman Refugee and Migratory Movements Research Unit,
Bangladesh
6. Ms. E.A. Silva, Programme Manager, Centre for International Migration, Sri Lanka
7. Ms. Ellene Sana, Executive Director, Centre for Migrant Advocacy, Philippines
8. Ms. K.N. Abeygunawardana, Coordinating Secretary, Ministry of Foreign Employment
Promotion & Welfare
9. Ms. Kalyani Herath, Additional General Manager, SLBFE, Sri Lanka
10. Ms. Kisholi Perera, Additional General Manager, SLBFE, Sri Lanka
11. Dr. Lissy Joseph, Regional Coordinator- NDWM-AP, National Domestic Workers Movement
-
AP, India
12. Mr. M.R.C.B. Ekanayake, Deputy General Manager, SLBFE, Sri Lanka
13. Mr. R.K.K.M.P. Randeniya, Deputy General Manager, SLBFE, Sri Lanka
14. Ms. Swairee Rupasinghe, National Project Coordinator, ILO
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10.7. Annex: 7
PRESS BRIEFING
Colombo Process
First Senior Official’s Meeting (SOM) 6th – 7th May 2014: Colombo, Sri Lanka
1. Background
The Colombo Process is a grouping of eleven States of Asia, sending short term migrant
workers, for employment out of Asia. These eleven countries are Afghanistan, Bangladesh,
China, India, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam.
The Colombo Process, as an institution, was first established in Colombo, in 2003. Ten years
later, in October 2013, the member countries decided to appoint the Minister of Foreign
Employment Promotion and Welfare of Sri Lanka, Hon. Dilan Perera, as its Chair-in-Office,
for the period 2014 – 2015.
The goal of the Colombo Process is to provide its member states, a non-binding and informed
environment, to engage in dialogue and discussion on issues pertaining to contractual short
term migration and cooperate on similar subjects. All these States retain their sovereignty, to
deal with their individual and specific country concerns. The Colombo Process pursues its
efforts through Ministerial meetings, Senior Officials meetings etc. The Senior Official’s
meeting (SOM), now inaugurated, is the first of the 2014 - 2015 drive.
The current Sri Lankan Chair-in-Office has formulated five thrusts, as lead areas for attention
in his period of office. These are –
-
Recognize the vital contribution made by migrant workers to the development of the
Countries of Origin (COOs) as well as the Countries of Destination (CODs) the Development Thrust;
-
Shift from a pre-occupation of considering short term migrant workers as
commodities but, rather, regard them as human beings, who are human assets –
the Humanitarian Thrust;
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-
Engage with Countries of Destination (CODs) with the view of promoting a
framework of legal institutions in CODs, ranging from MOUs to legal systems, taking
into account their individual jurisprudences and equipped to resolve and adjudicate on
migrant employment related issues – the Legal Thrust;
-
Expand the network of Migrant Resource Centres or other institutions within the
Countries of Origin to address recruitment of workers, pre-departure training, as well
as re-integration of returning migrants – the Institutional Thrust;
-
Build information systems, statistics and databases – the Information Thrust.
In order to pursue these strategic visions, the following five thematic areas have been
identified:

Review qualification and recognition processes;

Promote cheaper, faster and safer transfer of remittances;

Foster ethical labour recruitment, common wage levels and insurance protection, the
promotion of standard employment contracts, specially focusing on issues of contract
substitution and creating a registering mechanism for contract;

Ensure effective pre-departure orientation and empowerment, including skills
development;

Develop a database on economic trends in the destination countries, which are mostly
in the Middle-East.
2. Objectives of the May 6th – 7th Senior Official’s Meeting
The five thematic areas are substantive issues.
They have to be converted into
implementable categories and roadmaps developed, applicable to different member
countries. Since this cannot be done on one single occasion, it has been decided to
undertake it in phases. The first Senior Official’s Meeting (SOM), covers this first phase.
The first phase will deal with two focus areas, they being,
 Labour Migration for Development – Remittances;
 Ethical Labour Recruitment Practices
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The objectives of the discussion of these two thematic areas sessions are to find ways,
means and appropriate tools which would be simple, efficient and applicable, to protect
the migrant workers while ensuring their rights while taking into account the existing
laws, rules, regulations, socio-cultural and economic environments prevailing in the
Asian labour sending countries and the foreign labour receiving countries. They will
specifically deal with,
1. Cheaper, faster, safer transfer or remittances; and
2. Cost effective recruitment and social protection.
In addition, Colombo Process management issues will be taken up by the Senior Officials
during the meeting with the following objectives:
 Create and sustain a self funding mechanisms for the Colombo Process;
 Cooperate and interact with other Regional Migration Dialogue Mechanisms (RCPs)
functioning in various regions of the world.
3. Participants
The participants of the SOM are,

Two officials or more from each of the Colombo Process member countries;

Civil society to be represented by six members, who will participate as observers;

Five experts to make expert presentations on specific assigned areas of specialties
The total number of participants in the SOM will be about Thirty Five (35).
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