Diplomatic domestics

The recent decision of an Australian federal court that a Sri Lankan diplomat had underpaid a domestic aide serving at her residence in Canberra and made an award of over AUD 500,000 (back pay and interest) is, to say the least, most disturbing. More so because the concerned diplomat, Himali Arunatillake, now serving as our Permanent Representative to the UN in Geneva, is widely regarded as one of the best professionals in the country’s foreign service.

Her colleagues and peers are unanimously of the view that she is also an exceptionally fine lady who would never be guilty of being a participant of a “slavery-type arrangement” she has been accused of in various media reports. Sri Lanka is not alone in this predicament. A former Indian high commissioner in Australia is in the same boat.

We in Sri Lanka have long been accustomed to horror stories related by our housemaids, soldiering on in Middle Eastern jobs they’ve taken to escape the poverty trap at home. Sexual abuse, outright cruelty and a lot else are part of this narrative. We are also very well aware of the fact that poor people from many parts of the world, legally and illegally, attempt to better themselves economically by finding work in wealthy countries where wage rates are vastly different to those in their home countries. They commonly risk their lives in such endeavours but still try to get out of their own countries in search of the Promised Land by fair means and foul.

It is fairly common knowledge that Sri Lankan diplomats like most of their South Asian counterparts and most probably others from the poorer parts of the world, take domestic help from their home countries when setting out on their overseas assignments. Governments of the various countries bear the return airfare cost of such persons and, as far as we are aware, the practice in Colombo, is to pay a dollar allowance to enable diplomatic officer to recruit a suitable employee and pay him/her from this allowance.

In many or most instances, such allowances are totally paid to the worker. While the allowance itself will be nowhere near prevailing wage rates in developed countries, it would in rupee terms and current exchange rates be way above what a domestic aide job would pay here. Given that domestic help is housed and fed at the diplomat’s expense, such an arrangement is by no means unfair to the worker. The Colombo foreign office also facilitates the issue of an “official passport” to such domestic aides although that arrangement does not apply to Australia where different rules apply.

Following the smelly stuff hitting the fan since the Australian court’s determination being published, the foreign ministry here issued a formal communication clearly stating its position on this matter. This, among other things. said that it is “standard practice” that diplomats are facilitated by the ministry to take domestic assistants with them to “assist their official representational duties.” In other words, entertainment is very much a part of a diplomats work and this necessitates domestic assistance.

Referring to the instant issue, the ministry said: “The domestic assistant in question served a full three-year term, and on the eve of the employer’s originally intended departure from Australia, absconded from the residence of the employer.” It added that the allowance approved by the ministry as the salary of the employee has been fully paid to her.

Domestic help absconding from diplomatic residences on the eve of departure is a not an uncommon occurrence. Other Sri Lankan diplomats, including ambassadors/high commissioners, have been confronted with such incidents in the past. They will undoubtedly happen in the future too for obvious reasons. It is very difficult for a job seeker to gain entry for work into developed countries. Once in such a country as a domestic aide of a diplomat, particularly men servants see lucrative job opportunities if they disappear.

This they often do, working as illegals and doing very well in terms of earnings. Thus “absconding” is a paying proposition that if often resorted to. One can only guess how many have done so and succeeded in remaining overseas. Possibly some may even have been able to regularize their papers thereafter and continue to live and work in affluent countries.

Ms. Arunatillake was Deputy High Commissioner in Canberra when this incident occurred in 2018 and case in contention was filed in 2022, four years later, with the assistance of the Salvation Army and a public interest law firm. The Australian Broadcasting Corporation (ABC) which filed a detailed report on the incident which it styled as “wage exploitation” said the so-called “exploited” domestic in her mid-30s had never before been out of Sri Lanka.

She had in an affidavit said her employer was not impolite to her and had never made any threats. But she had complained of not being properly fed or clothed. She had been picked up outside the diplomatic residence in a Salvation Army car shortly before the intended departure and the rest followed.

Where this sorry chapter will end is yet to be seen. It is unlikely the domestic in question has returned to Sri Lanka or will do so. Tiger supporters looking for anti-Sri Lanka opportunities at the UNHRC session opening in Geneva in September have already grabbed the chance with a report in the Tamil Guardian. Ordinary people here will wonder whether drivers, gardeners, chefs and butlers working for affluent country missions in Colombo are paid wages paid in their own countries or what prevails here. No prizes offered for guessing right.