SRI LANKA: Mother Seeks Justice for the death of her migrant-worker daughter in Kuwait

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-062-2017
ISSUES: Administration of justice, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission has received information regarding Mrs. Siranji Siriyawathi Fernando. A resident of Chilaw, she migrated to Kuwait as a domestic helper in 2014. On 15 June, 2017 an official in the Sri Lanka Foreign Employment Bureau in Colombo informed Mrs. K Sumanawathi that her daughter had passed away in Kuwait. On the same day, the victim’s mother filed a complaint with the Chilaw Headquarters Police Station. She demanded that the Police Authorities set up an impartial and independent investigation into the death of her daughter. AND SHE SEEKS JUSTICE.

CASE DETAILS:

The Asian Human Rights Commission has received information regarding Mrs. Siranji Siriyawathi Fernando (29) of Kanjukuliya, Chilaw in the Puttalam District. Siranji was a widow, her husband having died early in their marriage. They had two children, a daughter and a son. Siranji struggled to raise her two children with her mother’s help. Finally, she decided to migrate to Kuwait as a domestic helper to alleviate the severe financial difficulties she faced. She left Sri Lanka on 28 December 2014.

Three months into her job with her Kuwaiti employer, she faced relentless harassment from him. On several occasions she phoned her mother about the difficulties she was experiencing. She strongly suggested that her mother make a complaint to the Sri Lanka Foreign Employment Bureau (SLBFE) in Colombo. She should request their assistance in relieving her dismal situation.

In April, the situation worsened. Her employer threatened to kill her. On 10 June 2017, Siranji again called her mother. She said that in addition to her main employer, the family members also made death threats against her. She is TERRORIZED and IN FEAR OF HER LIFE.

She pleaded with her mother to save her life. She urged her mother to return to the offices of the Sri Lanka Foreign Employment Bureau in Colombo and urgently request their assistance in bringing her back to Sri Lanka. The mother, Sumanawathi, went to the SLBFE and filed a written complaint. She pleaded with the officers to extricate her daughter from the dangerous situation she was in AND facilitate the return of her daughter to Sri Lanka immediately. She expressed concern about the fate of her two grandchildren. If her daughter died then the children would have no parents. She requested them to quickly take all necessary actions to bring her daughter back safely to Sri Lanka.

On the morning of 15 June, SLBFE Officers called her and informed her that Siranji was dead. They were awaiting the reception of the body to be handed over to her. The officers offered a further clarification. According to the Sri Lankan-Kuwaiti Embassy staff, her daughter Siranji’s death occurred due to strangulation by hanging. A suicide? Murder?

Sumanawathi states that she can never accept the suicide explanation given as the reason for her daughter’s death. She refutes their explanation. She wants justice. This can be done by initiating an official, independent, impartial and efficient INVESTIGATION into her daughter’s death. She is demanding an extensive Death Inquest, including a post-mortem by Sri Lankan authorities. The alleged family culprits must be searched out, held responsible before the Law and punished for their actions. In all of this, two children have lost their mother and compassion dictates adequate compensation is given for their future.

She vehemently accused the SLBFE Authority and its Officers of overt Negligence. If the Authorities had comprehensively looked into the employer’s harassment in a timely manner, her daughter would still be alive. Her life and the lives of her two children would have been saved. Siranji comes from a low- economic background. Is this why she is being denied her right to justice? Is this why Sri Lanka’s highest Authority is denying her justice??

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case. Request an immediate inquiry into the allegations of non-investigation of a complaint by the SLBFE officers. All officers involved must be examined by an internal investigation for breach of Duty of Care. Finally, please appeal to the SLBFE and the Inspector General of Police to set up a special investigation into the death of this migrant worker.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

SRI LANKA: Mother Seeks Justice for the death of her migrant-worker daughter in Kuwait 
Name of Victims:

1) Mrs. Siranji Siriyawathi Fernando (29) of Kanjukuliya, Chilaw in the Puttalam District
2) Two children of the victim Siranji Siriyawathi Fernando
3) K Sumanawathi of Kanjukuliya, Chilaw in the Puttalam District, the mother of the victim

Alleged Perpetrators: Officers at The Sri Lanka Foreign Employment Bureau

Date of incident: 15 June 2017 
Place of incident: Kuwait

According to information I have received regarding Mrs. Siranji Siriyawathi Fernando (29) of Kanjukuliya, Chilaw in the Puttalam District. Siranji was a widow, her husband having died early in their marriage. They had two children, a daughter and a son. Siranji struggled to raise her two children with her mother’s help. Finally, she decided to migrate to Kuwait as a domestic helper to alleviate the severe financial difficulties she faced. She left Sri Lanka on 28 December 2014.

Three months into her job with her Kuwaiti employer, she faced relentless harassment from him. On several occasions she phoned her mother about the difficulties she was experiencing. She strongly suggested that her mother make a complaint to the Sri Lanka Foreign Employment Bureau (SLBFE) in Colombo. She should request their assistance in relieving her dismal situation.

In April, the situation worsened. Her employer threatened to kill her. On 10 June 2017, Siranji again called her mother. She said that in addition to her main employer, the family members also made death threats against her. She is TERRORIZED and IN FEAR OF HER LIFE.

She pleaded with her mother to save her life. She urged her mother to return to the offices of the Sri Lanka Foreign Employment Bureau in Colombo and urgently request their assistance in bringing her back to Sri Lanka. The mother, Sumanawathi, went to the SLBFE and filed a written complaint. She pleaded with the officers to extricate her daughter from the dangerous situation she was in AND facilitate the return of her daughter to Sri Lanka immediately. She expressed concern about the fate of her two grandchildren. If her daughter died then the children would have no parents. She requested them to quickly take all necessary actions to bring her daughter back safely to Sri Lanka.

On the morning of 15 June, SLBFE Officers called her and informed her that Siranji was dead. They were awaiting the reception of the body to be handed over to her. The officers offered a further clarification. According to the Sri Lankan-Kuwaiti Embassy staff, her daughter Siranji’s death occurred due to strangulation by hanging. A suicide? Murder?

Sumanawathi states that she can never accept the suicide explanation given as the reason for her daughter’s death. She refutes their explanation. She wants justice. This can be done by initiating an official, independent, impartial and efficient INVESTIGATION into her daughter’s death. She is demanding an extensive Death Inquest, including a post-mortem by Sri Lankan authorities. The alleged family culprits must be searched out, held responsible before the Law and punished for their actions. In all of this, two children have lost their mother and compassion dictates adequate compensation is given for their future.

She vehemently accused the SLBFE Authority and its Officers of overt Negligence. If the Authorities had comprehensively looked into the employer’s harassment in a timely manner, her daughter would still be alive. Her life and the lives of her two children would have been saved. Siranji comes from a low- economic background. Is this why she is being denied her right to justice? Is this why Sri Lanka’s highest Authority is denying her justice??

I request the intervention of your good offices. Ensure that the authorities listed below open an immediate investigation into allegations of violations of the rights of the victim by Officers of the Sri Lankan Foreign Employment Bureau (SLBFE). All officers involved should be subject to an internal investigation.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
National Police Commission 
3rd Floor, Rotunda Towers 
109 Galle Road 
Colombo 03 
SRI LANKA 
Tel: +94 11 2 395310 
Fax: +94 11 2 395867 
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary 
Human Rights Commission 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

5. Mr. R. K. Obeyesekere 
Chairman
Sri Lanka Bureau of Foreign Employment
No: 234
Denzil Kobbekaduwa Mawatha
Koswatta, Battaramulla
Email: info@slbfe.lk

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-062-2017
Countries : Sri Lanka,
Issues : Administration of justice, Impunity, Rule of law,