SYMPOSIUM “INDIAWORKER, LOST IN A GULF OF DESPAIR” - Human Rights defense India Indian Law Institute, Opp. Supreme Court of India, New Delhi on 13 October,

SYMPOSIUMSYMPOSIUM

“INDIAWORKER, LOST IN A GULF OF DESPAIR” “INDIAWORKER, LOST IN A GULF OF DESPAIR” --Human Rights defense India Human Rights defense India

Indian Law Institute, Opp. Supreme Court of India, New Delhi on 13 October, 2012 Indian Law Institute, Opp. Supreme Court of India, New Delhi on 13 October, 2012

Indian Diaspora in Gulf Countries Indian Diaspora in Gulf Countries -Ways of Liberation-Ways of Liberation

C. K. SAJI NARAYANANC. K. SAJI NARAYANANNATIONAL PRESIDENT,NATIONAL PRESIDENT,

BHARATIYA MAZDOOR SANGHBHARATIYA MAZDOOR SANGH


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Juan Somavia, The Director General of ILO says :

“Migrant workers are an asset to every country where they bring their labour. Let us give them the dignity they deserve as human beings and the respect they deserve as workers.”


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MIGRANTS IN CHINAMIGRANTS IN CHINA


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1990 UN International Convention on Protection of Rights of All Migrant Workers and Members of

their Families:

India has not ratified


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ILO Conventions on Migration Migration for Employment Convention

(Revised), 1949 (No. 97) India has not ratified Migration for Employment Recommendation

(Revised), 1949 (No. 86) Migrant Workers (Supplementary Provisions)

Convention, 1975 (No. 143) India has not ratified

Migrant Workers Recommendation, 1975 (No. 151)


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8 ILO Fundamental Conventions: Freedom of Association and the Protection of the Right to Organize

Convention, 1948 (No. 87) India has not ratified Right to Organize and Collective Bargaining Convention, 1949 (No.

98) India has not ratified Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) Minimum Age Convention, 1973 (No. 138) India has not ratified Worst Forms of Child Labour Convention, 1999 (No. 182) India has

not ratified Equal Remuneration Convention, 1951 (No.100) Discrimination (Employment and Occupation) Convention, 1958

(No.111)


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Other relevant ILO Conventions: Safety and Health in Agriculture Convention, 2001 (No. 184). Occupational Health Services Convention, 1985 (No. 161) Occupational Safety and Health Convention, 1981 (No. 155) Private Employment Agencies Convention, 1997 (No. 181) Protection of Wages Convention, 1949 (No. 95) Working Conditions (Hotels and Restaurants) Convention, 1991, (No.

172) Labour Inspection Convention, 1947 (No. 81), Plantations Convention, 1958 (No. 110) Equality of Treatment (Social Security) Convention, 1962 (No. 118) Maintenance of Social Security Rights Convention, 1982 (No. 157) Employment Policy Convention, 1964 (No. 122). Minimum Wage Fixing Convention, 1970 (No. 131) Safety and Health in Construction Convention, 1988 (No. 167)


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ILO- A Multinational Framework on Migration ILO- A Multinational Framework on Migration

Guidelines and principles cover– best practices and international standards

– a support for governments and social partners to improve their migration policies

– migration management and protection of migrant workers and their families

– capacity building, awareness raising and technical assistance

– assist in strengthening social dialogue

– regulate it efficiently with an int’l framework


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Country Initiatives:MIGRANT WORKERS

HELP-DESK, MALAYSIA


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With support extended by UNI-APRO, the Asean Services Employees Trade Union Council (ASETUC), TASK FORCE ON ASEAN MIGRANT WORKERS, ILO, United Nations High Commissioner for Refugees (UNHRC) and etc.

Work closely with various Ministries and the Human Resources Department of Malaysia

It also works closely with embassies and trade unions in the sending and receiving countries.

To work closely with other related organizations


HELP-DESK, MALAYSIA

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It is a place where all migrants working in Malaysia can seek assistance for their problems

All manned by a group of volunteers. UNI-MLC officers and staff actively visit migrant workers’ hang-

outs: particularly restaurants, streets, train stations, shopping complexes, cinemas and places of worship (mosques, churches and temples)

It distributes pamphlets and introduces the migrant help-desk to the migrant workers who usually assemble in large numbers at such places.

They use the opportunity to discuss problems and issues faced by the migrant workers.

Migrant workers are also advised through telephone conversations, fax, e-mail.

Migrant workers are invited to MLC office to be advised and helped.

HELP-DESK, MALAYSIA

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Noted Achievements of the Help-Desk Rescued a number of young female workers from abuse and violence

by their employers. Successfully managed to solve cases involving back wages and non-

payment of wages to migrant workers Managed and arranged to send insurance compensation payments to

nominees of injured or deceased migrant workers in the sending countries.

The victims were placed in the migrant shelters of organizations working closely with the migrant help-desk.

Made arrangements to repatriate corpses of migrant workers who died in Malaysia to their country of origin.

Provide shelters to foreign maid and female migrant workers particularly those runaways due to work place abuses or harassments.

HELP-DESK, MALAYSIA


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Work place injured waiting for insurance compensation


HELP-DESK, MALAYSIA

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Repatriating corpses of migrant workers


HELP-DESK, MALAYSIA

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Managing Migration in Philippines: Role of the State Philippines Overseas Employment

Administration (POEA) Overseas Workers Welfare Agency

(OWWA) Commission on Filipino Overseas (CFO) Role of NGOs like DAWN, People on Move

as well as others


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State engagement in Promotion, Protection and Support of migration Preparing migrants and ensuring their well being at destination countries. Dissemination of information to prospective migrants Regulating migration through stringent verification of labour contracts as

well as mandatory registration with POEA Control private Recruitment agencies and qualify regulatory requirements Licensed recruitment agency must be Filipino-owned Should not charge workers more than one month's salary as a placement fee Encouraging migrants to use official migration channels, to send money

home Working out incentives for migrants for investment It seeks to work with embassies and trade unions in the receiving countries TUs are organising Filipinos through bargaining education and skills

training


Philippines:

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If employer violate the terms of the contract, the Philippines-based recruiter is held responsible through an adjudication process after the migrant returns

Encouraging remittance transfer through Govt. Channels

Tax-free investment programme for overseas workers

Return migrants granted tax-free shopping for one year, loans for business capital at preferential rates, and eligibility for subsidized scholarships.


Philippines:

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By migrating officially, migrants receive a number of subsidized benefits:

Pre-migration training on social and work conditions abroad,

Life insurance and pension plans, Medical insurance, Tuition assistance for the migrant and his/her

family, eligibility for pre-departure and emergency loans.


Philippines:

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Philippines Overseas Employment Administration (POEA)- Primarily facilitates the generation, preservation of decent and quality

overseas employment for Filipinos The Eight-fold programme priority: Agency Education Program Agency Performance Evaluation Program Management and staff development program Performance Management and reward System Comprehensive case management program Technology-based interactive service delivery Global OFW Mapping and Profiling Market Development and Management Program


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Philippines Overseas Employment Administration (POEA)- Employment facilitation is a prime concern Licensing and regulation Adjudication: legal matters affecting the administration,

interpretation and enforcement of rules and regulation affecting Filipino

Welfare and employment: maintenance of the registry of workers for placement purposes; develops and signs recruitment agreements with foreign govts./employers and their instrumentalities; provides comprehensive facilities for handling all phases of recruitment of Filipino workers hired on Govt-to-Govt arrangements; and develops and implements pre-employment orientation programs


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OTHER COUNTRIES: SOME EXAMPLES


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Sri LankaSeveral trade unions have recognised the

female migrant domestic workers as an active and important labour force.

They had concentrated on providing training and welfare services to migrant workers

TUs attempts to organise migrant workers


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Nepal TUs are proactive in protecting the rights of migrant

workers as well as organising the Nepali migrants. Since 2004, Migrant Committee was formed- It has

organized Nepali migrant workers and had its support groups in the following countries- Korea, Malaysia, UAE, Saudi Arabia, Israel, Hong Kong, India


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Korea KCTU and FKTU organised migrant workers FKTU provides cultural and rehabilitation

programmes to migrant workers Due to the pressure by civil society and trade

unions, “industrial trainee system” was replaced to “employment permit system”.

Overseas Workers’ Employment Act, regulating the employment of foreign workers in Korea and guaranteeing migrant workers to join national insurance schemes, was enacted


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ItalyItalian unions protect migrant

workers, while cooperating with trade unions like that in Vietnam


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How to manage labour migration and the role of social partners: •Improve national policies and legal instruments•Work together to launch a ratification campaign for ILO conventions •Identify the common areas to work together among tripartite constituents and social partners•Strict measures to prosecute and punish those employers that do not comply with the established Standards.•Organize Conferences involving Labour movements from around the World to elicit their response to the issues of migration of workers. ILO to provide adequate assistance and support to union efforts •Organize migrant workers to safeguard their interest.•Sending or the receiving countries must adhere to the CORE LABOR STANDARDS set by ILO & UN •Strive to ensure that relevant Conventions on Migrant Workers Rights are ratified by the Gulf Countries.• Fair rules for trade and capital flows need to be complemented by fair rules for the cross-border movement of people-World Commission on Social Dimension of Globalization

ILO-A Multinational Framework on Migration- ILO-A Multinational Framework on Migration- others others


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2. Decent service conditions

4. Decent Social security

3. Decent job security

5. Decent Safety and Health

1.Decent wages

6. Decent Welfare

Decent work

7. Decent gender justice

8. Decent Social dialogue


ILO DECENT WORK

Role of Trade Unions: Work to improve the quality of life, decent working, respect and care for

migrant workers Organise migrant workers, Form their Trade Unions to deal with the issues. House to house campaign, to enroll them in Union. Create a common platform of all Central Trade Unions, for the benefit of

International migrant workers. Sign bilateral union to union Memorandum of Understanding (MoU)

between both sending and receiving countries. Promote networking between trade unions

Start Help Desk to protect and aid the migrant workers- Render services to the migrant worker community to overcome their work related problem

Start Guidance Centers for them, Educate them regarding their rights and dispute redressal mechanism in the migrated countries.

Impart pre-departure training, distribute Hand-books to them. Improve information sharing on good practices.

Review labour laws to guarantee the fundamental rights of migrant workers Address migrant trafficking problems


Regulate recruitmentRegulate recruitment:: All recruitments of labour should be after the All recruitments of labour should be after the

scrutiny and approval of Indian Embassies in scrutiny and approval of Indian Embassies in Gulf.Gulf.

No recruitment should be allowed below a No recruitment should be allowed below a minimum prescribed salary. minimum prescribed salary.

Eliminate illegal recruiting agencies and control Eliminate illegal recruiting agencies and control legal agencies.legal agencies.

Indian Govt. & Embassy should do all efforts to Indian Govt. & Embassy should do all efforts to get recognised our all Indian nursing/ get recognised our all Indian nursing/ professional/ arts/ commercial Degrees/ professional/ arts/ commercial Degrees/ Diplomas on par with those in Gulf countriesDiplomas on par with those in Gulf countries


Govts. Level Co-ordination:Govts. Level Co-ordination:Govt- to Govt level good relation to be Govt- to Govt level good relation to be

maintained- Ministry of Overseas Indian maintained- Ministry of Overseas Indian Affairs in India has MoU with Gulf countries Affairs in India has MoU with Gulf countries on labouron labour

Establishing live contacts with Embassies, Establishing live contacts with Embassies, Trade Unions and NGOs abroadTrade Unions and NGOs abroad

Co-ordinate with organisations working in Co-ordinate with organisations working in the field of International migrant workers and the field of International migrant workers and Government Agencies for effectively Government Agencies for effectively intervening in the issues of migrant workers.intervening in the issues of migrant workers.


Govt. Role:Govt. Role: India to ratify the ILO Conventions on migrant workers (C97 and India to ratify the ILO Conventions on migrant workers (C97 and

C143) and on decent work for domestic workers (C189).C143) and on decent work for domestic workers (C189). Govt. of India, should have comprehensive Immigration law, policy, Govt. of India, should have comprehensive Immigration law, policy,

Migration Laws and national legislation for registration and Migration Laws and national legislation for registration and protection of migrant Indians.protection of migrant Indians.

Voting rights should be given to NRIs who are Indian passport Voting rights should be given to NRIs who are Indian passport holders. holders.

Govt. should formulate plans to rehabilitate the Gulf returnees.Govt. should formulate plans to rehabilitate the Gulf returnees. A legal fund should be constituted for issues related to migrant A legal fund should be constituted for issues related to migrant

workers.workers. Migrants to be legally employed- Regularization of illegal Migrants to be legally employed- Regularization of illegal

MigrationMigration Ensure Decent Work to Migrants Ensure Decent Work to Migrants Remittance facilityRemittance facility Equal treatment on par with localsEqual treatment on par with locals Anti-smuggling & Anti-trafficking measuresAnti-smuggling & Anti-trafficking measures


Role of Indian Embassies: Indian Embassy should be pro-active to

interfere and fight against the violation of rights of these workers

All the legal problems faced by Indian poor workers should be handled by Indian Embassy directly through their panel of advocates.

There should be welfare offices in Gulf States- Open social welfare offices in India also.


Women Migrant Workers:Women Migrant Workers: Induct more women activists in Trade Union Executive Committees, so as to Induct more women activists in Trade Union Executive Committees, so as to

train them to work among Women Migrant Workers.train them to work among Women Migrant Workers. Conducting Awareness camps for Women Migrant Workers about their legal Conducting Awareness camps for Women Migrant Workers about their legal

rights.rights. Pressurize Government and Employers to enforce maximum 8 Hours work Pressurize Government and Employers to enforce maximum 8 Hours work

for Women Migrant Workers. for Women Migrant Workers. Other stringent legal measures to be implemented for safety and salary Other stringent legal measures to be implemented for safety and salary

guarantee to maids guarantee to maids Indian Govt. should use its good offices to pass laws protecting the maids and Indian Govt. should use its good offices to pass laws protecting the maids and

their legal rights. their legal rights. Secure and provide safe and hygienic places of residence for Women Migrant Secure and provide safe and hygienic places of residence for Women Migrant

Workers.Workers. Provide through legislation and collective action, rest places for pregnant and Provide through legislation and collective action, rest places for pregnant and

lactating Women Migrant Workers.lactating Women Migrant Workers. Establish co-ordination Committees involving Labor Department Officials, Establish co-ordination Committees involving Labor Department Officials,

Police Authorities and Trade Union representatives for solving the issues of Police Authorities and Trade Union representatives for solving the issues of Women Migrant Workers.Women Migrant Workers.

Establish Centers of Rehabilitation for victims of sexual Harassment.Establish Centers of Rehabilitation for victims of sexual Harassment. Organise employment oriented training center for women migrant workers, so Organise employment oriented training center for women migrant workers, so

as to deploy them in sectors of utility.as to deploy them in sectors of utility. Identify and prosecute those employers who employ child Labour.Identify and prosecute those employers who employ child Labour.


34BHARATIYA MAZDOOR SANGHBHARATIYA MAZDOOR SANGH

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THANK YOUTHANK YOU

Bharatiya Mazdoor SanghBharatiya Mazdoor Sangh

Documents

SYMPOSIUM “INDIAWORKER, LOST IN A GULF OF DESPAIR” - Human Rights defense India Indian Law Institute, Opp. Supreme Court of India, New Delhi on 13 October,