By P M Amza –

A Reported Incident That Should Prompt Reflection

Recent reports circulating on social media have claimed that a Sri Lankan employed in the Kingdom of Saudi Arabia has been convicted by a Saudi court for allegedly making remarks deemed offensive to the Prophet Muhammad (peace be upon him), resulting in a prison sentence and a substantial financial penalty. While the facts should be confirmed through official channels and the judicial process respected, the reports have understandably generated concern among Sri Lankans both at home and abroad. 

Like countless others, I sincerely hope that every legal avenue available to the individual concerned will be pursued and that, wherever the law permits, compassion and clemency may prevail. At the same time, this reported incident should encourage us to reflect on a much broader issue: the need to better prepare Sri Lankans who seek employment overseas to understand and respect the laws, customs and cultural values of the countries that receive them.

Our Migrant Workers: Sri Lanka’s Unofficial Ambassadors

Hundreds of thousands of Sri Lankans live and work overseas, contributing billions of dollars annually to our economy while supporting their families back home. They are, in many respects, unofficial ambassadors of Sri Lanka. Their conduct influences not only their own future but also the reputation of our country.

While considerable attention is devoted to vocational training, recruitment and employment contracts, comparatively little emphasis is placed on educating workers about the legal systems, religious sensitivities and social norms of their destination countries. This gap deserves urgent attention.

Every Sovereign State Has the Right to Its Own Laws

Every nation has the sovereign right to enact laws reflecting its history, constitutional framework, culture and religious traditions. Those who voluntarily choose to live and work in another country also accept the responsibility of respecting those laws. Ignorance of the law has never been accepted as a defence in any legal system.

This principle applies equally to Sri Lanka. We expect foreign visitors to respect our laws and traditions. Likewise, Sri Lankans abroad must respect those of their host countries.

Understanding Saudi Arabia’s Legal System

Saudi Arabia’s legal system is founded upon Islamic Sharia. Matters relating to religion therefore occupy a central place in its legal and social order. Conduct that may be regarded elsewhere as an expression of personal opinion can constitute a serious criminal offence under Saudi law.

Whether one personally agrees with such laws is beside the point. Those who voluntarily choose to live and work in the Kingdom are expected to comply with them.

A Diplomat’s Experience: The Limits of Consular Intervention

During my tenure as Sri Lanka’s Ambassador to the Kingdom of Saudi Arabia, I witnessed first-hand the seriousness with which the Saudi judicial system approaches criminal cases. I also came to appreciate the limits of diplomatic intervention once judicial proceedings have reached an advanced stage.

Many people mistakenly believe that an ambassador or even a government can simply secure the release of a convicted national. That is rarely the case. Diplomatic representations can be made on humanitarian grounds, but they cannot override the judicial process of another sovereign state.

On one occasion during my tenure, our Embassy worked tirelessly to save the life of a Sri Lankan convicted of murder. Every possible diplomatic avenue was explored. The Presidents of Sri Lanka personally made three humanitarian appeals seeking clemency. Despite these extraordinary efforts, the judicial process ultimately remained unchanged.

That painful experience reinforced an enduring lesson: prevention through awareness is always more effective than attempting to resolve matters after a conviction has been entered.

The Lasting Lesson of Rizana Nafeek

Sri Lankans will never forget the tragic case of Rizana Nafeek. Her case attracted worldwide attention and prompted appeals from governments, international organisations, religious leaders and humanitarian groups.

Despite those efforts, the sentence was eventually carried out.

Regardless of differing opinions surrounding that case, it demonstrated the limitations that diplomatic efforts may encounter once judicial proceedings have concluded. It also highlighted the importance of understanding the legal environment of the country in which one lives and works.

Saudi Arabia Is Also Changing

It is equally important to recognise that Saudi Arabia is not a static legal system.

As part of Vision 2030, the Kingdom has embarked upon one of the most ambitious programmes of legal and institutional reform in its modern history. New legislation governing civil transactions, evidence, personal status and commercial matters has modernised significant areas of the legal framework. The Shura Council continues to play an active role in reviewing and recommending legislative reforms designed to improve transparency, consistency and judicial efficiency.

At the same time, these reforms have been undertaken within the Kingdom’s constitutional and Islamic framework. Sharia continues to remain the principal source of legislation, and matters relating to religion retain a central place in Saudi law and society.

Understanding both these realities—the Kingdom’s modernisation and its continuing commitment to its Islamic legal foundations—is essential for every foreign worker.

Different Countries, Different Laws

Saudi Arabia is by no means unique in expecting foreigners to respect its laws.

Singapore enforces strict laws relating to narcotics, vandalism and public order. Several European countries criminalise Holocaust denial and certain forms of hate speech. Japan maintains rigorous immigration and employment regulations. Many countries impose severe penalties for contempt of court.

Even long-established democracies have legal limits. The United Kingdom maintains criminal offences relating to threats against the Sovereign, while also enforcing laws governing public order, incitement and hate speech.

The lesson is simple: every country determines the legal boundaries that apply within its own jurisdiction.

The Social Media Challenge

The digital age has introduced a new dimension to legal responsibility.

A comment made on Facebook, X or another social media platform can reach millions of people within minutes. What may appear to be an impulsive remark can have serious legal consequences depending on the country in which the individual resides.

Sri Lankans working abroad must therefore exercise particular caution when expressing opinions on religion, politics and other sensitive subjects.

A Policy Recommendation for Sri Lanka

Sri Lanka should strengthen its pre-departure orientation programmes.

Training should extend beyond employment contracts and financial management to include practical instruction on:

* The legal system of the destination country.

* Religious and cultural sensitivities.

* Responsible use of social media.

* Local customs and public behaviour.

* Rights and responsibilities of foreign workers.

The Sri Lanka Bureau of Foreign Employment, recruitment agencies, relevant ministries and Sri Lankan diplomatic missions abroad should jointly develop country-specific legal awareness programmes for migrant workers.

Knowledge Is the Best Protection

The reported incident currently attracting public attention should become more than a passing headline.

It should remind us that when Sri Lankans cross international borders, they also enter different legal, cultural and social environments.

After more than three decades representing Sri Lanka abroad, I remain convinced that our greatest protection does not lie in diplomatic intervention after a crisis has occurred. It lies in preparing our citizens before they leave home.

Knowledge of local laws, respect for religious and cultural traditions, and responsible personal conduct are among the most valuable safeguards any migrant worker can possess.

If this unfortunate incident encourages Sri Lanka to strengthen that preparation for future generations of overseas workers, some lasting good may yet emerge from a deeply regrettable episode. ENDS

*The author is a former Sri Lankan Ambassador to the European Union, Belgium, Türkiye, Ukraine and Saudi Arabia. He also served as Additional Secretary of the Ministry of Foreign Affairs.