Given the complexities in separating trafficking and forced labour, the experiences of the returnee migrant workers were analysed using the previously mentioned indicators of forced labour. The following sections of this chapter therefore, discuss the presence of human trafficking and forced labour using the ILO’s indicators of forced labour as a guideline.
4.1. Deception and Contract Substitution Even though migration by self-basis is on the rise (SLBFE, 2017), for women, sub-agents and recruitment agents are critical players in securing work overseas. The women trust these intermediaries implicitly. But placing such trust on a single individual at times, carries unknown risks that have severe repercussions on the women as these cases illustrate: ‘‘Generally, I would go through agencies, but this time because of the age, I went through a sub- agent. I was promised SLR3 lakhs but got only SLR1 lakh. I think boss the recruitment agent gave it to the sub and he didn’t give it to us.’’ - Kurunegala, female returnee, 55 years, married. ‘‘I went through a sub. He did the last job well because I was treated well [at the previous workplace]. This time, when I was going, the visa was an “out visa” [visit visa] and he had not done it properly. There was no house for me to go to once I got there. Agency isn’t taking responsibility either. Before I left, I felt something was weird because the colour of the seal [stamp on the passport] was different from the last time and I didn’t sign the pay sheet either [agreement] ...I said I can’t go before the flight but they made me go somehow. The signatures were different, and the bhaba’s [employer/ sponsor] name was also someone elses.’’ - Gampaha, female returnee, 44, civil status not revealed.
22 Presence Of Human Trafficking And Forced Labour In Labour Migration Sri Lanka
Deception therefore, begins at “home” when the promises of incentive payments and the means of migrating for work are undermined by the intermediaries. As the previous case illustrates, even women who had a history of migration, are prone to be misled by the promises made. But the implications of the deception are felt the most when the workers are in the country of destination and experience differences between what was promised and that which was offered. ‘‘At the agency, they asked my age, religion things like that. Then they asked whether I had gone before and I said yes. “this place you are going to, is also not going to be a problem it’s a small house, they will give you 1000 riyals as a salary. There are two children to look after” they said, and that madam is in Kuwait. All these things they told me were lies. None of their staff is in Kuwait.’’ Kurunegala, female returnee, 36 years, married. ‘‘I went through an agency. They [employers] took away all my gold jewellery and my money. I didn’t have a cent to my name when I came back. When I called from there [seeking help], the agency people said, ‘we have given you SLR3 lakhs’. They think we have no work there at all. We really suffer a lot there. They [the agency] said if there is any trouble, they will see to it and that within three months, they would change the house. But they won’t do that.’’ - Kandy, female returnee, 34 years, unmarried.
Women in particular feel let down by what they consider to be fake promises given by the agencies. Some had specifically asked for particular jobs within the domestic sector, preferring not to take care of children which they generally cite as one of the most difficult tasks. Instead, they had sought work as cleaners or cooks in houses, a preference that was evident among those who went through self-basis as well. However, upon reaching the household, the women felt let down by the agency as the composition of the household (number of
