Accession with low compliance: Sri Lanka’s experience with the 1990 International Convention on Migrant Workers

Abstract

ABSTRACT The article reviews Sri Lanka’s compliance with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) acceded in 1996. The article highlights the common issue of routine accession/ratification of international Conventions by origin countries without full appreciation of their corresponding obligations. It highlights the large gap between accession and compliance with the Convention even after two decades. While Sri Lanka has taken a series of steps to improve migration governance and protection of migrant workers, there are several significant gaps in compliance with the ICRMW as reflected in the failure to bring national migration legislation in line with ICRMW provisions, continued abuse and exploitation of both female and male migrant workers in major destination countries, persistent recruitment malpractices, and lack of credible policies to deal immigrant workers. Some examples from Bangladesh and the Philippines – the other two major countries in Asia to ratify the ICRMW – have been cited to provide comparative insights where relevant. The article highlights several policy areas for action, especially by the government.