Ensuring
migrant workers' rights
By Feizal Samath
Despite growing concerns about the plight of migrant workers
abroad, Sri Lankan experts dealing with migrant workers are cautious
about the need to tighten procedures, saying; "don't kill the
goose that laid the golden egg."
"On the
one hand, we need to protect our workers. On the other hand, we
don't want to lose our share of overseas job markets in the Middle
East and Europe to competitors," said M. Seevaratnam, a consultant
at the state-run Sri Lanka Foreign Employment Bureau (SLFEB).
He was among
a group who spoke of the dilemma of protecting close to one million
Sri Lankan workers, the bulk of them women in the Middle East, from
unscrupulous job agents here and abroad, rape and physical abuse
by employers and a host of other problems.
"We need
to protect our workers but we also need to be cautious in this process.
If labour receiving countries feel we are placing restrictions on
foreign employers, they may go to other labour supplying markets
that are less restrictive," agreed S. S. Wijeratne, Chairman,
Legal Aid Foundation of the Bar Association, who also said the demand
for foreign labour in Europe, the Middle East and Asia was rising.
Speaking at
a seminar last month on legal aid for migrant workers that the foundation
is hoping to provide, Wijeratne said they were planning to provide
the assistance of lawyers in the Middle East to workers while there
was also hope that the UN Convention on the Rights of Migrant Workers
would finally be implemented this year.
The UN Convention
which provides for the rights of migrant workers across the world
has been signed by more than 20 countries but only 19 have ratified
it. It requires the ratification of 20 countries to be enforced.
"We are
expecting Bangladesh to ratify it before the end of the year. That
I hope would provide added protection to our workers," said
David Soysa, Director, Migrant Services Centre (MSC), a non-governmental
organisation promoting the rights of migrant workers. Under the
UN convention, a special committee would be appointed in member
countries to protect workers' rights.
According to
a survey of returnee migrant female housemaids conducted by the
MSC recently, more than 20 per cent of those interviewed suffered
injuries due to physical abuse from employers while more than 50
per cent who have returned were under medical treatment for ailments
like back pain, asthma, heart disease and other complications.
The study,
conducted in 400 households in three Sri Lankan districts which
provide a sizable number of migrant workers, also found that 24
persons were subject to sexual abuse while in employment, with two
pregnancies occurring among two of them.
Of the entire
sample survey, about 27 per cent said their employment experience
had a negative impact on the family with problems like divorce or
separation, social and health problems, husbands being addicted
to alcohol, children dropping out of school and depression amongst
family members, to mention a few issues.
The survey
also found that annual incomes of migrant workers went up to Rs.
25,000 a month for 80 per cent of those interviewed suggesting that
many financially benefited from overseas employment.
Migrant workers
are an integral part of the Sri Lankan economy and are the highest
nett foreign exchange earners, totalling about one billion US dollars
annually. Such is the power of the industry that the government
had to hastily withdraw a proposed 15 per cent tax on remittances
by migrant workers proposed in the budget on November 5.
Public fury
over the proposal was spread across the newspapers, television and
radio stations forcing Finance Minister K. N. Choksy to concede
that there had been some misunderstanding and that all references
to a tax on remittances were being withdrawn. Remittances are tax-free
and have been so for many years.
On the positive
side, Seevaratnam said the government was considering amendments
to the Sri Lanka Foreign Employment Bureau Act - which governs all
migrant workers - and would invite representations from the public
to strengthen and update it.
"There
is a desperate need to update the Act and bring it in line with
modern trends. It was enacted in 1985, at a time when there were
not many women going abroad," he said.
Priyadarshini
Karunaratne, Deputy Director, Consular Affairs Division, Foreign
Ministry said amendments were also being drafted and would be presented
to parliament shortly enabling females to register their children
conceived abroad and apply for Sri Lankan citizenship through the
country's embassies abroad.
There are a
number of migrant women workers who have conceived children either
after being raped or out of wedlock and are not able to obtain Sri
Lankan citizenship for their child since local laws only allow Sri
Lankan males this right. They return to the country with children
who are often stateless.
"The new
laws will change this discriminatory rule," she said. Karunaratne
said 273 Sri Lankan migrant workers in the Middle East have died
so far this year and the ministry had arranged for their bodies
to be brought to Colombo. Most have died from heart failure due
to a heavy workload in homes where they work.
Padmini Samarasinghe,
a counsellor at Sorophistist International, an international NGO
which helps underprivileged women, pleaded for a ban on the export
of women labour.
"There
are serious problems when women leave their children and go abroad.
Yes, it is nice to talk of the government earning foreign exchange
but what about the children who are left behind to fend for themselves?"
she asked, acknowledging however, that she was among the minority
who felt that way.
She said the
government with the help of society should take care of the children
left behind by these migrant workers. "The children are subject
to all kinds of abuse, drop out of school and are dragged into drugs
and crime. We need to devise a system where the children are looked
after while their mother is away."
Samarasinghe,
a group director at one of Sri Lanka's top companies - Browns -,
said her organisation has tried to convince some women - at a village
outside Colombo - who want to go abroad to do so when their kids
are grown up. "We have been urging women with children as young
as 1-2 years to go abroad only after their children are older and
more mature," she said.
Exclusive
Sri Lankan delicacies
The concise guide to the Anglo-Sri
Lankan lexicon by Richard Boyle - Part xix
Although curry is too universal to be considered part of
the Anglo-Sri Lankan lexicon, there are three culinary items recorded
in the second edition of the Oxford English Dictionary (OED2) that
are exclusively associated with Sri Lanka. These are pol sambol,
punatoo and short-eat. In addition, there are a handful of fruits
and vegetables partly associated with the island, such as bilimbi,
carambola, bread-fruit, jack, moringa/murunga, and pompelmoose/pommelo.
Last but not least is the sweetener, jaggery. Date of first use
is provided in brackets.
Bilimbi (1772-84).
According to the OED2 it is: '[Tamul bilimbi, Malay bilimbing, Cingalese
bilin.] A tree (Averrhoa Bilimbi) growing in India and Ceylon, which
yields a juice used by the natives for the cure of skin-diseases;
also its fruit.'
This fruit
is also known in Sri Lankan English as the country gooseberry or
cucumber fruit.
None of the
references given in the dictionary has relevance to Sri Lanka. The
earliest from English literature pertaining to the island is by
James Cordiner from A Description of Ceylon (1807:223): 'The billimbirg,
or country gooseberry, in shape and colour resembles a girkin, or
young cucumber, having five flat sides, and a strong acid taste.
It is used in making tarts and preserves.'
A 20th century
reference is provided by Harry Williams in Ceylon, Pearl of the
East (1950[1963]:224): 'The rambuttans, avocado pear, morro, bilimbi,
cashew nut and rose apple all have their advocates.'
There is a
corresponding entry in the second edition of Hobson-Jobson (H-J2)
with the headword blimbee.
Bread-fruit
(1697). Sinhala rata del. 'The farinaceous fruit of a tree; especially
that furnished by Artocarpus incisa of the South Sea Islands, etc.,
of the size of a melon, and having a whitish pulp of the consistency
of new bread. Also short for Bread-fruit tree.'
This species
now bears the scientific name Artocarpus altilis.
Both Percival
(1803) and Cordiner (1807) employ bread-fruit tree, but it is Lord
Valentia, writing in Voyages and Travels (1809[1811]:274), who first
uses bread-fruit: 'I again read Thunberg, and was astonished at
the scantiness of his intelligence respecting Ceylon, and at his
having made several very singular mistakes. Among these is his having
given a list of dishes formed from the bread-fruit, when, in fact,
every one of them refers to the jack, a very different fruit, and
on which the natives in a great degree subsist.'
Carambola (1775).
Sinhala karma-ranga. '[Several Portuguese writers of the 16th century
state that this was the native name in Malabar; Molesworth has Mahratti
karamabal; Forbes Watson has a Hindi name karmal, Singhalese and
Hindi karma-ranga.] The acid fruit (golden-yellow, ellipsoid, obscurely
ten-ribbed) of a small East Indian tree Averrhoa Carambola.'
This fruit
is also known in Sri Lankan English as the Chinese gooseberry, or
star fruit.
Knox (1681:20)
is the first to use the Sinhala term karma-ranga in English literature
pertaining to Sri Lanka. In contrast, a modern reference to carambola
comes from the Ceylon Daily News (April 10, 2000): " ... three
new varieties each of waraka and tomato, and one each of winged
bean, green gram, potato, sweet potato, grapes, camaranga (carambola),
makunuwenna, gotukola and beans.'
Jack (1613).
Sinhala kos. 'The fruit of a tree (Autocarpus integrifolia) of the
East Indies, resembling the bread-fruit, but larger and of coarser
quality. Also the tree itself.' This tree now bears the scientific
name Autocarpus heterophyllus.
The only reference
with relevance to Sri Lanka given in the dictionary is by James
Emerson Tennent from Ceylon (1859:II.111). He uses the common form
in Sri Lankan English: "The jak with broad glossy leaves and
enormous yellow fruit."
There are many
references to jack throughout English literature pertaining to Sri
Lanka, the earliest of which is by Knox (1681:14): 'There is another
fruit, which we call Jacks; the inhabitants when they are young
call them polos, before they be full ripe cose, and when ripe, Warracka
or Vellas.'
The first reference
after Knox is by Percival (1803:316): 'The jacka, or jack-fruit,
grows upon a tree of a very large size.'
Another early
reference is by Valentia (1809[1811]:227): 'Towards night we entered
an avenue of most magnificent jack trees, which extended the whole
way to Caltura.'
Jaggery (1598).
'A coarse dark brown sugar made in India by evaporation from the
sap of various kinds of palm.'
The sole reference
with relevance to Sri Lanka in the OED2 is by Knox (1681:15): 'The
which liquor they boyl and make a kind of brown sugar, called jaggory.'
The first of
many references after Knox from English literature pertaining to
Sri Lanka is by Percival (1803:320): 'The toddy is likewise made
into vinegar, and yields a species of coarse black sugar known by
the name of jaggery.'
Moringa (1753).
'[Adoption of modern Latin moringa.] The Ben-nut tree (Moringa pterygosperma).
Also attributively.' This tree now bears the scientific name, Moringa
oleifera.
Moringa is
not adopted from modern Latin but from a name of much older and
probably Indian origin, which appears in Sinhala dictionaries as
murunga and in Tamil dictionaries as marunkai. This shortcoming
will be rectified in the third edition of the dictionary.
There are no
references with relevance to Sri Lanka in the dictionary. The first
from English literature pertaining to Sri Lanka is by Cordiner (1807[1983]:219):
'Moringa is a tree which grows to the size of a mountain-ash, with
very small pinnated leaves, and a yellow blossom. Its root and bark
possess the flavour and pungency of horseradish, and are used in
the same manner.'
Murunga (1681).
Needless to say, there are many references to murunga rather than
moringa in English literature pertaining to Sri Lanka. These have
been forwarded to the OED, and I am informed that the third edition
of the dictionary will include a separate entry for murunga.
Knox (1681:19)
is the first to use the term: 'They have several other sorts of
fruits which they dress and eat with their rice, and taste very
savoury, called carowela, wattacul, morongo, cacorebouns, &c.,
the which I cannot compare to any things that grow here in England.'
The first reference
after Knox is by Anthony Bertolacci from A View of the agricultural,
commercial and financial interests of Ceylon (1817[1983]:89): 'The
toddy vinegar improves by being kept a long time, and by a small
quantity of the bark of the moronga - tree being infused into it.'
There are many
modern references from fiction. For instance, A. Sivanandan writes
in When Memory Dies (1997:347): 'Superbly cooked, I must say,' observed
Vijay, working through his fourth crab-belly. 'The murunga leaves
make all the difference.'
Then there
is Michael Ondaatje, who writes in Anil's Ghost (2000:240): 'It
was legendary that every Tamil home on the Jaffna peninsula had
three trees in the garden. A mango, a murunga, and the pomegranate.
Murunga leaves were cooked in crab curries to neutralise poisons.'
H-J2 does not
include an entry for moringa, but there is one for the synonym,
horse-radish tree.
Epilepsy:
The surgery option
Dr. J. B. Peiris, Senior Consultant
Neurologist clarifies some issues and misconceptions on epileptic
surgery
Surgical treatment for epilepsy was commenced in Sri
Lanka recently. Many patients who are on medication are inquiring
whether they could have a permanent cure by one operation, instead
of continued medication for a few years.
Surgery for
epilepsy is not new. Surgery as a form of treatment for epilepsy
was introduced around 50 years ago and has been available in the
neighbouring countries like India for over 40 years. While treatment
with drugs (previously called anti-convulsants, now preferably termed
anti-epileptic drugs -AED) is the mainstay in the management of
an epileptic patient, there is a limited place for surgery in selected
patients with poorly controlled epilepsy.
Rationale of
treatment
To understand what we are trying to achieve in treating epilepsy,
we need to understand epilepsy. In the majority of instances, epilepsy
is a transient, paroxysmal or intermittent disturbance of brain
function commonly resulting in a fit or seizure, or impairment or
loss of consciousness or awareness. As it is transient or short
lasting, a seizure or fit recovers spontaneously or on its own within
a few minutes. An attack or 'ictus' requires no treatment. During
an attack, all that is required is to turn the person to a side
for secretions to flow out and to position the patient to prevent
injury. Inserting objects like spoons to the mouth is not recommended.
Then what is
it that requires treatment? What is aimed at in treatment is prevention
of recurrent attacks. In 75-90% of patients, this is achieved easily
with regular drug treatment. Drugs are gradually withdrawn after
the patient has been free of attacks for about two years, which
may be shorter in selected patients. Rarely, in attacks lasting
longer than 30 minutes in where there is no return to consciousness
(status epilepticus), hospitalised treatment may be required. To
sum up, treatment is directed to preventing attacks or for prolonged
or complicated attacks. Most patients tolerate the currently available
effective drugs like sodium valproate, carbamazepine, phenytoin
sodium, clonazepam or phenobarbitone well. Often, control is possible
with one drug alone. Multiple drugs or newer drugs are sometimes
required.
Recommendations
for evaluation for surgery
The Institute of Neurology, Queen Square, London, the Royal College
of Physicians and UK National Society, London have laid down the
guidelines for selection of patients for surgery clearly, for epilepsy.
Let me quote some of their recommendations and conclusions:
General criteria
for referral
* Any patient with medically intractable epilepsy which has not
responded to adequate medical therapy and willing to consider brain
surgery could be considered for an opinion with a view to surgery.
Only a minority of these patients will be suitable for surgery.
* In most instances, patients will have been on treatment for a
minimum of three years and will have had at least four of the anti-epileptic
drugs.
* In most instances, a patient will be having more than two seizures
a month. The epilepsy should be sufficiently severe and disabling,
to warrant consideration of surgery, taking into account the patient's
view on the matter.
* Diagnosis of epilepsy must be certain and non-epileptic conditions
should have been confidently excluded.
* There should be no contraindication for surgery.
Features which predict a beneficial outcome of surgery
* Patients with the variety of epilepsy known as 'temporal lobe
epilepsy' - epilepsy originating from the temporal lobe confirmed
by EEG and MRI scanning.
* Childhood onset of temporal lobe epilepsy with a history of febrile
convulsions
* EEG evidence of epilepsy arising from one temporal lobe
* MRI evidence of disease of one temporal lobe, particularly an
entity known as hippocampal sclerosis
* No history of generalized fits.
Aim of surgery
and predicted outcome
The aim of surgery is total relief of seizures. Surgical outcome
depends on the underlying cause. In temporal lobe epilepsy with
hippocampal sclerosis (a particular pathological change), approximately
two thirds of carefully selected patients are rendered seizure free.
A further 20% has a reduction in a number of seizures. It is important
to stress that careful selection of the patient is absolutely essential
for a successful outcome. Following surgery, disabling neurological
complications occur in about one in 50 operations. These include
such serious deficits as weakness of one side (hemiplegia), impaired
vision on one side (hemianopia), loss of speech and loss of memory.
Minor complications are more common. Depression and psychosis may
also occur.
Relative contraindications
and chances of poor outcome
* Severe intellectual deficit or mental retardation
* Psychosis unassociated with a fit
* Frequent or multiple seizures
* Frequent abnormality in both temporal regions or other regions
* Normal high resolution MRI scan
* Age over 40
The team for
epilepsy surgery
While the surgery is entrusted to a neurosurgeon with expertise
in epilepsy surgery and the patient is evaluated and referred by
an equally motivated neurologist or a specialised epileptologist,
input from a multi-disciplinary team is essential. A neurophysiologist
analyses the Electro-encephalographic records to confirm the origin
of the focus causing epilepsy, as it is partial seizures of temporal
lobe origin, which have a particularly good surgical outcome. The
services of a neuropsychologist, a neuropsychiatrist and appropriate
counseling facilities are also considered essential to ensure proper
selection and follow up.
Investigations
required for evaluation and selection of patients
Before any
operation for epilepsy can be performed, there has to be a period
of careful testing and evaluation
These tests
are done to make sure the surgery has a good chance of being successful
and won't affect any of the important functions of the brain.
Most of the
tests are used to pinpoint the area of the brain where seizures
begin or to locate other areas like speech and memory that have
to be avoided.
How many tests
have to be done depends on the kind of operation that is being planned
and how much information each test produces.
The following
tests are most often used before a decision to operate is made:
* Electroencephalography
(EEG) tests record electrical activity in the brain and identify
areas of the brain where seizures occur.
* Magnetic
resonance imaging (MRI) scans take pictures of the inside of the
brain. MRI scans may show tumours, abnormal blood vessels, cysts,
and areas of brain cell loss or other brain damage.
* Simultaneous
video (TV) monitoring and EEG recording help identify the type of
seizure that is taking place.
* Neuropsychological
tests, including IQ, memory, and speech tests, tell doctors more
about where the seizures (or the brain damage which is causing the
seizures) are located.
* An intracarotid
sodium amobarbital test locates speech and memory centers. A drug
is injected into an artery leading to the brain. It puts half of
the brain to sleep for a short period of time. The doctors then
check speech and memory on the side of the brain not put to sleep.
Not done as yet in Sri Lanka.
* Positron
Emission Tomography (PET) scans may be used in certain cases to
help identify where seizures are taking place. PET measures how
intensely different parts of the brain use up glucose, oxygen, or
other substances. Not available in Sri Lanka
Recommended
optimal facilities
* Routine and
sleep EEG recordings
* Continuous
EEG recording with video telemetry and scalp electrodes
* Psychiatric
evaluation
* A MRI scan
to confirm temporal lobe pathology
* Neuropsychological
assessment including measures of intellectual and language function,
and memory tests.
* Facilities
for intracranial EEG for a minority of patients who may need this
investigation.
The above facilities
are the optimal facilities recommended by the joint committee of
London neurologists, physicians and epileptologists but all of these
are not essential for provision of this important arm of treatment
for the poorly controlled epileptic in the developing countries.
However, we must be aware of the deficiencies and the pitfalls that
may accompany their non-availability.
Single Photon
EmissionComputed Tomography (SPECT) scans also help identify where
seizures are taking place by measuring blood flow. Simultaneous
video monitoring, intra-carotid sodium amylobarbitone, SPECT and
PET scanning is not available in Sri Lanka, at present.
Even after
all the previously described tests are done, additional information
may be needed to identify the epileptic area in the brain. This
is because electrodes sometimes can't find the area of seizure activity
attached to the surface of the head. It is envisaged that an annual
turnover of about 25 patients undergoing epilepsy surgery is needed
for the team to develop and maintain necessary skills.
Pre-Surgical
Testing in advanced centres
* To obtain
that additional information, two separate operations may be required.
* The first
operation places electrodes in or on the brain itself. These special
electrodes are called depth or subdural electrodes.
* After they
are placed, the patient remains in the hospital with the head wrapped
in a large dressing, with wires attached to the electrodes coming
out of the dressing. Seizures are then recorded directly from the
brain, often on simultaneous video and EEG. This process is called
electrocorticography.
* Both kinds
of recording instruments may be kept in place for some time while
doctors monitor signals from within the brain during seizures.
* The brain
may be stimulated with mild electrical impulses via the electrodes
to identify special areas controlling speech, movement and sensation.
In addition, further electrical recording to map out the seizure
focus (the exact area to be removed) may be done.
* If the tests
show that there is a single epileptic area and it can be removed
safely, a second operation is performed to remove the affected area.
If not, surgery is done only to remove the electrodes.
* Sometimes
all the tests and procedures rule out surgery as a suitable treatment.
At other times, the tests may fail to give enough information and
the doctors may decide not to recommend surgery.
* This method
of localisation is not carried out as yet in Sri Lanka. At present,
only selected patients with very definitive localised areas of abnormality
responsible for epilepsy defined by EEG and MRI are subjected to
surgery.
The operation
is done with the hope of removing the focus in the brain, which
produces the epilepsy. The resection may be directed to removal
of the lesion (lesionectomy), removal of the whole temporal lobe
(temporal lobectomy) or removal of the whole of one cerebral hemisphere
(hemispherectomy). Patients and relatives who have suffered many
years may feel the ultimate answer has arrived - but brain surgery
is not to be taken lightly except for those who really need it and
who will do well after it.
For the patient
and relatives to make an informed decision he or she should have
a co-ordinated input from the neurosurgeon, neurologist, neuropsychologist
and access to appropriate counselling. Surgical conversion of a
retarded severe epileptic into a retarded non-epileptic with the
original behaviour abnormalities may create new abnormalities for
the family. However, the availability of the surgical option for
the appropriately selected patient is a blessing that should not
be denied.
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