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Rights of Migrant Workers
 Migrants are generally entitled to the same human
rights protections as all individuals, although States
may limit migrants’ rights in some ways, such as with
regard to voting and political participation.
 Many human rights treaties explicitly prohibit
discrimination on the basis of national origin and
require States to ensure that migrants’ human rights
are equally protected.
 Additionally, like other particularly vulnerable groups,
migrants have been given special protections under
international law, to address situations where their
rights are most at risk, such as in the workplace, in
detention, or in transit.
 The protections afforded to a migrant, such as access to
social security, will also depend on which treaties a
State has ratified.

While States retain discretion to manage migrants’ exit
and entry through their territory, human rights
standards apply to this management.
 And, international legal principles limit who they can
expel and under what circumstances. According to the
principle of non-refoulement, States must not deport a
migrant to a country where he or she is likely to face
torture or serious human rights violations.
The Human Rights Legal
protection of Migrant workers
Curabitur leo
Migrants have the same human rights protections as
everyone else, while certain states may restrict
migrants' rights, such as voting and political
involvement.
The treaties which concern migrants and human rights
1) International Covenant on Civil and Political Rights,
2) The International Covenant on Economic, Social, and
Cultural Rights
3) The International Convention on the Elimination of
All Forms of Racial Discrimination,
4) The International Convention on the Protection of
the Rights of All Migrant Workers and Members of
their Families,
5) The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and
Children,
6) The Convention on the Elimination of All Forms of
Discrimination against Women,
7) The Convention against Torture and Other Cruel,
Inhumane or Degrading Treatment and Punishment,
8) The Convention on the Reduction of Statelessness.
MI GRAN T
WO RKE R S
Srilanka Government will
 Ensure the protection of the rights of all
migrant workers.
 Respect the migrant workers as partners in
development.
 Uphold the values of inclusiveness, non-
discrimination, and gender equality.
 Empowerment of migrant workers to engage in
policy discourses and making decisions that
affect their lives.
 Consultation and promotion of the collective
voice of migrant workers. Recognize and
acknowledge the contribution of migrant
workers to the economy of Sri Lanka.
 Ensure a safe and dignified return and
reintegration process.
 Ensure absorption of the returnee workers to
the local labour force and secure dignified
employment.
 Emphasis on special attention to migrant
workers who have faced exploitation, abuse,
forced return, and stressful or traumatic
experiences.
The Issues face by Srilankan Migrants
 Employers' retention of travel documents in
order to prevent migratory workers from
changing jobs.
 Changes in the fine print of contracts once
migrants reach the host countries.
 Migrant workers' reluctance to pursue their
grievances against brokers or employers for a
variety of reasons.
 Ethnic or religious divisions cause problems.

The violation of migrant workers' human rights, particularly in the
Middle East, is causing increasing concern. It is also claimed that the
global anti-terrorism drive has affected discrimination and
harassment of migrant workers. Migrant women, particularly
domestic workers, are especially exposed to assault, sexual
harassment, and HIV/AIDS.
The Challenges may face by Migrant workers
 Accommodation, lengthy working hours
 Non-payment or underpayment of wages
 Lack of rights (implementation) resulting from insecure
legal status
 Employers' retention of travel documents in order to
prevent migratory workers from changing jobs
 Violence & intimidation
 Sexual harassment & gender discrimination
 No state protection or state violates itself
 Health and occupational hazards
 Social exclusion
 Deportation as punishment
 Rights-awareness
International labour migration poses specific challenges for buyers
and employers concerned about the rights of all workers in their
supply chain and workforce, including migrant workers. Migrant
workers are more vulnerable to violations of their fundamental
rights, concerning forced labour, child labour, non-discrimination
and equal treatment and freedom of association and collective
bargaining and are more likely to work excessive hours, under
unsafe conditions and be paid less than the legal minimum.
Employers of migrant workers may face legal obstacles in
respecting the rights of migrant workers; for instance, in many
countries migrant workers are prohibited by law from joining a
trade union. At the same time, there are plenty of opportunities for
businesses and employers to positively impact the broader debate
on international migration and integrate migrant workers into their
operations or worksites in ways that are humane, equitable,
sustainable and truly add value to societies and businesses.
UNSUNG HEROES OF THE COUNTRY
Migrant workers continue to be the highest avenue of foreign revenue earnings for the country. In 2013 migrant workers earned
Rupees 827,689 million. During the six-month period from January to June 2014, earnings increased by 10.6 percent and
amounted to Rupees 589,137 million. One of the significant features of Sri Lanka’s migrant worker population is that 34 per cent
of the migrant workforce comprises women in low-skilled work in the domestic sector. 40 per cent of the migrant workforce
comprises women and 82.5 per cent of this female workforce is categorized as “housemaids” and “House Keeping Assistants
“Trafficking in human beings” refers to the recruitment,
transportation, transfer, harbouring or receipt of persons by threat,
use of force or other forms of coercion, abduction, fraud, deception,
the abuse of power or of a position of vulnerability, for the purpose
of exploitation. It also derives from the giving or receiving of
payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation.
Exploitation includes, at a minimum, sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude
or the removal of organs.
 The Srilanka Bureau of Foreign Emplyment offers a pre-
departure orientation seminar free of charge.
 Migrants will obtain information that will facilitate
smooth arrival and adjustment in a chosen country of
work.
 Some workers will also require language training.
 The Srilanka Bureau of Foreign Emplyment operates an
English language laboratory and offers training for
nurses and hotel workers
Migrant labour is Sri Lanka’s main contributor to the national
economy. Sri Lanka recognises the value of its out-bound migrant
labour population and there are diverse policy commitments and
mechanisms in place to regulate and protect the migrant worker
population. This includes the Ministry of Foreign Employment
(MFE), the Sri Lanka Bureau of Foreign Employment (SLBFE), and
the National Labour Migration Policy adopted by Cabinet in 2009