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Migrant Workers and Human Rights Out-Migration from South Asia

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Migrant Workers and Human Rights Out-Migration from South Asia Migrant Workers and Human Rights Out-Migration from South Asia Edited by Pong-Sul Ahn International Labour Organization Subregional Office for South Asia (SRO) Bureau of Workers’ Activities (ACTRAV) New Delhi Geneva Copyright © International Labour Organization 2004 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. First Published 2004 ISBN : 92-2-115697-4 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns or www.ilo.org/india Printed in India CONTENTS Preface ix Foreword xi Acknowledgements xiii List of Contributors xv 1. An Overview of Out-Migration from South Asia 1 Pong-Sul Ahn 1.1 Characteristics of Out-migration from South Asia 2 1.2 Legal Framework 3 1.3 Employment Perspectives 5 1.4 Economic Impact on the Sending Countries 7 1.5 Economic Impact on Receiving Countries 8 1.6 Household Economies of Migrant Workers 9 1.7 Human and Labour Rights 10 1.8 Trade Union Responses 12 1.9 International Labour Standards for Migrant Workers 14 1.10 Conclusion 15 2. Bangladesh : The Complexities and Management of Out-Migration 19 Tasneem Siddiqui 2.1 Introduction 19 2.2 Out-migration in historical settings 19 2.3 Legal framework 21 2.4 Factors promoting out-migration 28 2.5 Employment perspectives 32 2.6 Impact of migration on the national economy 35 2.7 Household economy of migrant workers 38 2.8 Human and labour rights 42 2.9 Trade union responses 44 2.10 Conclusions and recommendations 47 Annex Table 1 53 Annex Table 2 55 3. India : Migrant Workers Awaiting Recognition and Protection 58 Paramjit Singh Sahai and Krishan Chand 3.1 Introduction 58 3.2 A tradition of migration 59 3.3 Legal framework 61 3.4 Employment perspective 64 3.5 Impact on the national economy 70 3.6 Economic impact on the receiving countries 74 3.7 Household economy for migrant workers 76 3.8 Human and labour rights 78 3.9 Trade union responses 82 3.10 Conclusion and recommendations 85 Annex Table 1 91 Annex Table 2 93 4. Nepal : The Prospects and Problems of Foreign Labour Migration 100 Ganesh Gurung and Jaganath Adhikari 4.1 Introduction 100 4.2 Trends of migration: historical analysis 101 4.3 Legal regime: protection and promotion 104 4.4 Employment perspective: variations in access to opportunities 109 4.5 Contribution of labour migration to the economy 112 4.6 Labour migration and its contribution to household economy 113 4.7 Labour and human rights 116 4.8 Trade union responses: organizing activities 121 4.9 Conclusion and recommendations 123 Annex Table 1 128 5. Pakistan : Migrant Workers Coping with Discrimination and Poverty 131 Qamar Ali Shah 5.1 Introduction 131 5.2 Incidence of out-migration in historical settings 132 5.3 Legal framework 135 5.4 Employment perspective 137 5.5 Economic impact on sending countries 138 5.6 Economic impact on labour-receiving countries 140 5.7 Household economy for migrant workers 142 5.8 Human and labour rights 144 5.9 Trade union responses 148 5.10 Conclusion and recommendations 149 6. Sri Lanka : The Anxieties and Opportunities of Out-migration 153 Malsiri Dias and Ramani Jayasundere 6.1 Introduction 153 6.2 Tracing the history of migration 154 6.3 Government policy and legislation 158 6.4 Employment perspective 166 6.5 Economic impact on Sri Lanka 169 6.6 Economic impact on receiving countries 172 6.7 Household economy of migrant workers 173 6.8 Labour and human rights 177 6.9 Trade union responses 180 6.10 Conclusions and recommendations 183 Annex A 186 Annex B 190 7. Concluding Remarks 193 Pong-Sul Ahn and Piyasiri Wickramasekara 7.1 Bangladesh 193 7.2 India 194 7.3 Nepal 195 7.4 Pakistan 196 7.5 Sri Lanka 196 7.6 Policy Implications 197 Annex A 201 Tables & Chart Abbreviations 205 References 207 LIST OF TABLES 2.1 Reasons for Migration of Female Migrants from Bangladesh 30 2.2 Number of Bangladeshi Immigrants in Industrialized Countries 33 2.3 Percentage Change in Number of Migrants and Remittances Over The Previous Year 36 2.4 Use of Remittances Sent By Bangladeshi Migrants 41 3.1 Receipts of Private Transfers from Emigrants 72 4.1 Number of Nepali people Working Abroad (excluding India) in 2002 104 4.2 Inflow of Remittances from Overseas Countries to Nepal in 1997 113 6.1 Sri Lankan Migrant Workers by Manpower Levels 1986-2002 (%) 156 6.2 Migration for Foreign Employment by Manpower Level and Sex 1996-2002 157 6.3 Sri Lankan Migrant Population by Age Group and Sex (2000-2002) 168 6.4 Private Remittances 1991-2002 169 6.5 Details of Ransaviya and Videshika Loans taken by Migrant Workers 170 6.6 Number of Complaints Received from Migrants by Nature and Sex 178 Chart 3.1 Inflow of Migrants from India into Australia, Germany, UK and USA 68 PREFACE The tripartite general discussion on the issues concerning migration which is due to take place at the 2004 International Labour Conference in Geneva will have to come up with specific measures designed to step up the protection of migrant workers at a time of great and growing need for such protection. It is with this event in mind and in an attempt to generate a debate within the labour movements of five countries (Bangladesh, India, Nepal, Pakistan and Sri Lanka) that this publication has been brought out. As such, it is a valuable contribution to the discussion that will take place in Geneva. It also provides suggestions for the way forward, and the activities that need to take place as a follow-up of this year’s International Labour Conference. Poverty continues to act as a push factor for migration. As this publication highlights migration, however, has some benefits as well as dangers for both sending and receiving countries. The migrants themselves are often those who are on the losing side in terms of poor working conditions, exploitation and even trafficking. This needs not be so. The ILO approach is to create decent jobs and attack poverty in those countries that have traditionally been the source of migrant labour. The foundations of our approach are respect for equal rights for immigrant and native workers, solidarity and cooperation between nations (including a serious increase in development aid), and the battle to eliminate exploitation and human trafficking and to eradicate child labour. Migration is considered as part of a strategy for growth and development by many countries, both in the North and the South. What has to be done is to make sure that it takes place in a manner that fully respects the fundamental human rights, failing which it will merely bring about human suffering and undermine society. The rate of ratification of ILO conventions designed to protect migrant workers is not encouraging. Two ILO Convention, No. 97 and No. 143, are aimed in particular at migrant workers. So far they have only been ratified by 42 and 18 countries respectively. None of the five countries studied in this publication has ratified these instruments. This would represent a first step in protecting their own workers. Trade unions have a major role to play in defending and promoting the rights of migrant workers. This publication offers suggestions and proposals based on the experience of the trade union movement. Trade union action can and does make a difference. Solidarity works. Jim Baker Director Bureau for Workers’ Activities ILO-Geneva FOREWORD International labour migration is one of the key features of the globalized world. Millions of people around the world have left their home countries in search of employment and unaccountable numbers are aspiring and preparing for migration to foreign countries to achieve their dreams of success. It is, therefore, not surprising that international labour mobility will only become more important as a subject - since it affect the socio-economic life of both labour-sending and labour-receiving countries and as concerns relating to labour and human rights issues are becoming more prominent. The remittances sent by migrant workers, accounting for a significant share in foreign exchange earnings of nations and GDP growth, contribute significantly to the economic betterment of migrants’ families.
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