Situation and Challenges of Migrant Workers

1. Situation and Challenges of Migrant Workers Bishal Khanal Vice Chair- ASER, Nepal

2. Introductory • International Convention on the Rights of Migrant Workers and Members of their Families (MW) was issued in 1990 • It was issued when MW appeared very essential for development of most of the countries in the world • In the due course MW became the victims of various form of exploitation, insecurity, social and cultural discard, hatred, prevention of education, health care, housing, sanitation to needy and after all prevention to right to live in dignity in many countries

3. Convention issued to respond the pathetic of MW conditions, setting standard/obligations to receiving and sending states • Convention provided that most of the human rights emanated in various international HR instruments are available to MW • Among so many rights include right to life, movement, religion, security, education of children, health care, housing, sanitation, after all right to live in dignity

4. Exceptions were some political rights as right to voting, right to file candidature in elections and right to nationality including citizenship • Major duty of MW is to abide by the law of receiving countries • But the problem was that MW are the foreigners and receiving governments seems less interested to protect and respect for rights of MW as equal to their citizens

5. CMW would be effective only after ratification but many of receiving countries have not ratified • Sending countries frequently request for ratification via national/international fora etc but they are either small/poor/powerless, so their request is hardly heard • The victimization of MW is therefore not significantly reduced in many countries

6. Who are Migrant Workers? • Not well defined by CMW • In general people going to work abroad under any scheme with proper travel documents issued by national authorities are MWs • However persons working under diplomatic privileges and immunities under separate conventions/law do not fall under the definition of MW • Foreign students, tourists and others also may fall to the category of MW

7. General Scenario MW • Roughly 250 million (25 crore) people of the world live to work abroad • South Asia is the major supplier of work force to global job market • Gulf countries and East Asia are major destination for sizeable number of South Asian workers

8. Majority of them perform job that does not require special skills • On occasion they work in inhumane conditions and equated to bonded labor, as under Kafala system • Performing dirty, dangerous, denied and probably deadly jobs are common to many migrant workers

9. Push Factors(reasons going to work abroad) • Poverty • Conflict/insecurity of life and work • Lack of employment opportunities • Limited farmlands with (unskilled) households • Environmental effect as decreasing land productivity • Population growth • Social Inequality

10. Pull /Attraction Factors • Better employment • Better livelihood • Physical security (for targeted in conflict) • Skill development • Education • Enjoy change

11. Trends • Estimated 20 m South Asians go abroad to work every year • Bangladesh, India, Nepal, Pakistan and Sri Lanka are the major countries of origin • Manufacturing, construction, health care and house keeping are the major areas of work • Emerging trends – labor trafficking and students movements

12. Women Migrant Work Force • Bangladesh 6.5 % • India 10% • Nepal 10% • Sri Lanka 52% • SA in total constitutes – 15% • But in terms of severity of HR abuses women are the hard hit

13. Positive Trends Remittance constitute essential part of GDP • Bangladesh 12% • Nepal 24% • Sri Lanka 9% Status of Remittance beneficiaries in South Asia • India – largest remittance receiver in the world • Bangladesh 7th • Pakistan 11th

14. Negative Trends • Over dependence on certain countries • Concentration on unskilled jobs and informal sector • Exploitation and abuse in recruitment process • Labor trafficking • Sexual exploitation and diseases- some come with sexually communicable diseases, communicable diseases and some women with new born with unidentified father • Consequences of family separation • Legal and policy gaps

15. Concerns on the Rights of Migrant Workers • Human rights are universal so MW are entitled to enjoy basic rights, wherever they live • Except some political/civil rights as vote casting, contesting in elections, citizenship rights most of other rights are available to MW as well • However reality is different

16. Most of MW experience discrimination followed by many other rights abuses • Discrimination in pay, holiday, healthcare, housing, insurance, training, education are common • Being state party ILO rules are also not well respected • And, labor law is discriminatory to MW in the work conditions • Pay lower than specified on contract appears time and again

17. Government /employer’s policy recognizes discriminatory treatment • Conditions of services relating to dismissal seems monopolistic mainly in informal sector • Right to safety and security are jeopardized • Freedom of conscience is almost lost. Women/men were compelled to do that their conscience does not allow them to do.

18. Reports on sexual exploitation of women increased and role of grievance mechanism deemed unsatisfactory • Number of women return home with newborn, resulting from compelling sexual activities in helpless situations • Mental and physical torture or pain as a result of action of employer are common

19. Treatment to under trial MW are sometimes pathetic • Freedom from fear often becomes a dream to MW • Kafala system ignores very core of the rights of workers and human value • Some equates Kafala system to harsh imprisonment

20. On occasions MW are arbitrarily dismissed, evicted from house, travel documents seized and hundred of them stranded under bridges and public places • Extremely serious is some of them are denied pay for their work and return home empty handed • Serious of all is neither the person returns home nor any clue available for years and decades

21. Regional Initiatives Seoul Guidelines 2008 • Participating countries of APF region expressed commitment to work on the PP of rights of migrant workers • As a follow up APF Sub-committee on RWM was formed in Amman and Nepal was a member representing SAARC Colombo Process, 2003 • Includes 11 Asian countries plus observers from destination countries Abu Dhabi Dialogue 2008 • Included 9 Asian destination countries and 6 countries of the GCC

22. Conclusion • MW notably contributes to the development of both sending and receiving countries • It has become unavoidable for the development of many countries • Happiness of workers help increase productivity and the principle applies to MW as well

23. An environment free of discrimination and compulsion has worth for both employer and employees • Their security, rights and interest should be put on priority in order to achieve more • To this end the ratification of CMW is immensely important • In addition respect to the provisions of ILO convention may require to reinforce

24. National law and policies need to address the issues of discrimination based on nationality and employment • Greater advocacy is expected to abolish Kafala system that restricts freedom in various forms • A consolidated effort need to address issues raised in Colombo Process 2003, Abu Dhabi Dialogues, 2008 among others

25. Thank You