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, 2012 Indian Diaspora in Gulf Countries -Ways of Liberation C. K. SAJI NARAYANAN NATIONAL PRESIDENT, BHARATIYA MAZDOOR SANGH BHARATIYA MAZDOOR SANGH BHARATIYA MAZDOOR SANGH

2 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.” BHARATIYA MAZDOOR SANGH

3 MIGRANTS IN CHINA BHARATIYA MAZDOOR SANGH

UN International Convention on Protection of Rights of All Migrant Workers and Members of their Families: India has not ratified BHARATIYA MAZDOOR SANGH

5 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) BHARATIYA MAZDOOR SANGH

6 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) BHARATIYA MAZDOOR SANGH

7 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) BHARATIYA MAZDOOR SANGH

8 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 BHARATIYA MAZDOOR SANGH

9 Country Initiatives: MIGRANT WORKERS HELP-DESK, MALAYSIA BHARATIYA MAZDOOR SANGH

10 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 BHARATIYA MAZDOOR SANGH HELP-DESK, MALAYSIA

11 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, . Migrant workers are invited to MLC office to be advised and helped. HELP-DESK, MALAYSIA

12 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 BHARATIYA MAZDOOR SANGH

13 Work place injured waiting for insurance compensation BHARATIYA MAZDOOR SANGH HELP-DESK, MALAYSIA

14 Repatriating corpses of migrant workers BHARATIYA MAZDOOR SANGH HELP-DESK, MALAYSIA

15 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 BHARATIYA MAZDOOR SANGH

16 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 BHARATIYA MAZDOOR SANGH Philippines:

17 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. BHARATIYA MAZDOOR SANGH Philippines:

18 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. BHARATIYA MAZDOOR SANGH Philippines:

19 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 BHARATIYA MAZDOOR SANGH

20 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 BHARATIYA MAZDOOR SANGH

21 OTHER COUNTRIES: SOME EXAMPLES BHARATIYA MAZDOOR SANGH

22 Sri Lanka Several 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 BHARATIYA MAZDOOR SANGH

23 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 BHARATIYA MAZDOOR SANGH

24 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 BHARATIYA MAZDOOR SANGH

25 Italy Italian unions protect migrant workers, while cooperating with trade unions like that in Vietnam BHARATIYA MAZDOOR SANGH

26 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- others BHARATIYA MAZDOOR SANGH

27 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 BHARATIYA MAZDOOR SANGH 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 BHARATIYA MAZDOOR SANGH

Regulate recruitment : All recruitments of labour should be after the scrutiny and approval of Indian Embassies in Gulf. All recruitments of labour should be after the scrutiny and approval of Indian Embassies in Gulf. No recruitment should be allowed below a minimum prescribed salary. No recruitment should be allowed below a minimum prescribed salary. Eliminate illegal recruiting agencies and control legal agencies. Eliminate illegal recruiting agencies and control legal agencies. Indian Govt. & Embassy should do all efforts to get recognised our all Indian nursing/ professional/ arts/ commercial Degrees/ Diplomas on par with those in Gulf countries Indian Govt. & Embassy should do all efforts to get recognised our all Indian nursing/ professional/ arts/ commercial Degrees/ Diplomas on par with those in Gulf countries BHARATIYA MAZDOOR SANGH

Govts. Level Co-ordination: Govt- to Govt level good relation to be maintained- Ministry of Overseas Indian Affairs in India has MoU with Gulf countries on labour Govt- to Govt level good relation to be maintained- Ministry of Overseas Indian Affairs in India has MoU with Gulf countries on labour Establishing live contacts with Embassies, Trade Unions and NGOs abroad Establishing live contacts with Embassies, Trade Unions and NGOs abroad Co-ordinate with organisations working in the field of International migrant workers and Government Agencies for effectively intervening in the issues of migrant workers. Co-ordinate with organisations working in the field of International migrant workers and Government Agencies for effectively intervening in the issues of migrant workers. BHARATIYA MAZDOOR SANGH

Govt. Role: India to ratify the ILO Conventions on migrant workers (C97 and C143) and on decent work for domestic workers (C189). India to ratify the ILO Conventions on migrant workers (C97 and C143) and on decent work for domestic workers (C189). Govt. of India, should have comprehensive Immigration law, policy, Migration Laws and national legislation for registration and protection of migrant Indians. Govt. of India, should have comprehensive Immigration law, policy, Migration Laws and national legislation for registration and protection of migrant Indians. Voting rights should be given to NRIs who are Indian passport holders. Voting rights should be given to NRIs who are Indian passport 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 workers. A legal fund should be constituted for issues related to migrant workers. Migrants to be legally employed- Regularization of illegal Migration Migrants to be legally employed- Regularization of illegal Migration Ensure Decent Work to Migrants Ensure Decent Work to Migrants Remittance facility Remittance facility Equal treatment on par with locals Equal treatment on par with locals Anti-smuggling & Anti-trafficking measures Anti-smuggling & Anti-trafficking measures BHARATIYA MAZDOOR SANGH

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. BHARATIYA MAZDOOR SANGH

Women Migrant Workers: Induct more women activists in Trade Union Executive Committees, so as to train them to work among Women Migrant Workers. Induct more women activists in Trade Union Executive Committees, so as to train them to work among Women Migrant Workers. Conducting Awareness camps for Women Migrant Workers about their legal rights. Conducting Awareness camps for Women Migrant Workers about their legal rights. Pressurize Government and Employers to enforce maximum 8 Hours work for Women Migrant Workers. Pressurize Government and Employers to enforce maximum 8 Hours work for Women Migrant Workers. Other stringent legal measures to be implemented for safety and salary guarantee to maids Other stringent legal measures to be implemented for safety and salary guarantee to maids Indian Govt. should use its good offices to pass laws protecting the maids and their legal rights. Indian Govt. should use its good offices to pass laws protecting the maids and their legal rights. Secure and provide safe and hygienic places of residence for Women Migrant Workers. Secure and provide safe and hygienic places of residence for Women Migrant Workers. Provide through legislation and collective action, rest places for pregnant and lactating Women Migrant Workers. Provide through legislation and collective action, rest places for pregnant and lactating Women Migrant Workers. Establish co-ordination Committees involving Labor Department Officials, Police Authorities and Trade Union representatives for solving the issues of Women Migrant Workers. Establish co-ordination Committees involving Labor Department Officials, Police Authorities and Trade Union representatives for solving the issues of 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 as to deploy them in sectors of utility. Organise employment oriented training center for women migrant workers, so 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. BHARATIYA MAZDOOR SANGH

34 BHARATIYA MAZDOOR SANGH

35 THANK YOU Bharatiya Mazdoor Sangh