[women-rights] Sri Lanka: Government proposes regulation banning mothers of young children from migrating abroad

Human Rights Watch: Drop Ban on Mothers Emigrating for Work 

(New York, March 15, 2007) -- The Sri Lankan government's proposed
regulation banning mothers of young children from migrating abroad for
work discriminates against women and endangers the welfare of their
children, Human Rights Watch said today.

On March 7, Sri Lanka's ministerial cabinet approved a proposal by the
Minister for Child Development and Women's Empowerment that would ban
women with children under 5 years of age from emigrating for work. The
regulation would also require mothers with children aged 5 or older to
obtain approval from a government committee after submitting proof that
they can provide appropriate caretakers for their children.

Human Rights Watch called on the Sri Lankan government to withdraw the
regulation, which has not yet been implemented.

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

Sri Lanka has obligations under its constitution and international law to
protect women from discrimination, including in employment. The Sri Lankan
Constitution provides, in article 12, that no citizen may be discriminated
against on the basis of sex.

International human rights treaties to which Sri Lanka is a party also ban
discrimination against women. The Convention on the Elimination of All
Forms of Discrimination against Women, which Sri Lanka ratified in 1981,
requires states to eliminate discrimination against women in the field of
employment, including by providing the right to free choice of profession
and employment.

More than 660,000 Sri Lankan women are working as domestic workers abroad.
To support themselves and their families, many Sri Lankan women migrate to
the Middle East on temporary contracts as domestic workers. The majority
of Sri Lankan migrant workers are women and their remittances make
valuable contributions to the country's economy. In 2006, workers'
remittances amounted to US$2.2 billion, representing Sri Lanka's
second-highest form of foreign-exchange earnings and equivalent to over 9
percent of the country's gross domestic product.

While remittances are critical to Sri Lanka's economic strategy for
poverty reduction, the Sri Lankan government has expressed concern about
the social impact of migration on children who are unable to accompany
their mothers abroad. In a press release issued on March 8, the government
justified the policy on the grounds that migrant women's children "have
become helpless and vulnerable, and lack nutrition and healthcare."

In October and November, scores of migrant domestic workers interviewed in
Sri Lanka told Human Rights Watch that they migrate because of financial
necessity and that their children's survival depends on incomes earned
abroad.

"If the Sri Lankan government is genuinely committed to improving the
well-being of migrant workers' children, it should set up social-service
programs to identify and address those needs," said Jefferson. "Stopping
mothers from earning a living abroad will not result in improved care for
their children back home."

Human Rights Watch urged the Sri Lankan government to rescind the policy
immediately. The Sri Lankan government should also consult with migrant,
community, and women's groups to enhance economic and educational
opportunities for women so that domestic workers can migrate based on
choice rather than desperation.

Human Rights Watch Press release