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Labour Migration in South Asia: a Review of Issues, Policies and Practices1 International Migration Paper No. 108 International Migration Programme Labour migration in South Asia: A review of issues, policies and practices1 Piyasiri Wickramasekara 1 The views expressed here are the personal views of the author, and do not necessarily reflect the views of the International Labour Office. The author is grateful to Ms. Katerina Liakopoulou for valuable research assistance in preparing this paper. INTERNATIONAL LABOUR OFFICE – GENEVA Copyright © International Labour Organization 2011 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. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected]], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470; email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. ISBN 978-92-2-123374-9 (print) ISBN 978-92-2-123375-6 (web .pdf) First published 2011 ILO Cataloguing in Publication Data Wickramasekars, Piyasiri: Labour migration in South Asia : a review of issues policies and practices / Piyasiri Wickramasekara ; International Labour Office, International Migration Programme. – Geneva: ILO, 2010 1 v. (International migration paper ; No. 108) International Labour Office; International Migration Programme Labour migration / international migration / migrant worker / migration policy / South Asia 14.09.1 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 Printed by the International Labour Office, Geneva, Switzerland Contents Page Foreword ........................................................................................................................................... v 1. Introduction ................................................................................................................................... 1 2. South Asian economic and migration profiles. ............................................................................. 3 2.1 Profile of migration in South Asia .................................................................................... 3 2.2 Main features of South Asian labour migration ................................................................ 6 3. Challenges and opportunities for migration in Asia ...................................................................... 11 3.1 Governance challenges in South Asia ............................................................................... 11 3.1.1 Recruitment practices and high migration costs .................................................. 12 3.1.2 Issues relating to the institutional framework for administration of migration for foreign employment. ............................................................................................... 13 3.1.3 Formulation and implementation of transparent policies. ................................... 13 3.2 Protection challenges ........................................................................................................ 14 3.2.1 Protection of migrant rights ................................................................................. 14 3.2.2 Few countries have ratified ILO and UN Conventions. ....................................... 15 3.2.3 Involvement of trade unions and NGOs .............................................................. 16 3.3 Migration and development challenges ............................................................................ 17 3.3.1 Migrant remittances: issues and development impact ......................................... 18 3.3.2 Return migration .................................................................................................. 19 3.3.3 Addressing brain drain and human capital development ..................................... 20 3.3.4 Engaging the diaspora .......................................................................................... 21 3.4 Cooperation with destination countries, especially through bilateral or regional agreements and MOUs ............................................................................................................ 23 3.4.1 Bilateral agreements and MOUs .......................................................................... 23 3.4.2 Other consultative forums .................................................................................... 24 3.4.3 Sub regional cooperation: role of SAARC .......................................................... 25 4. Migration policies in South Asia ................................................................................................... 29 4.1 Emigration policies ........................................................................................................... 30 4.2 Immigration policies ......................................................................................................... 34 India as an immigration country ................................................................................... 36 5. Role of international instruments and some good practices .......................................................... 39 5.1 Role of international instruments in improving migration policy and practice in Asia .... 39 5.2 How can the Multilateral Framework on Labour Migration be useful to countries in South Asia? ............................................................................................................................. 40 5.3 Some good practices ......................................................................................................... 40 5.3.1 Sri Lanka national migration policy .................................................................... 40 International Migration Papers No. 108 iii 5.3.2 ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers ......................................................................................................................... 41 5.3.3 Model bilateral agreements between trade unions in Sri Lanka and trade unions of Bahrain, Jordan and Kuwait for the protection of Sri Lankan migrant workers. ..... 42 6. Conclusions ................................................................................................................................... 43 References ......................................................................................................................................... 45 iv International Migration Papers No. 108 Foreword The ILO working paper series, ‘International Migration Papers’ aims to disseminate the results of research on relevant and topical labour migration issues among policy makers, administrators, social partners, civil society, the research community and the media. Its main objective is to contribute to an informed debate on how best to address labour migration issues within the overall agenda of decent work, taking into account the shared concerns of countries of origin and destination for ensuring good governance of labour migration, protection of rights of migrant workers and their families, and maximising development benefits of migration for the benefit of all parties involved - origin countries, destination countries and migrant workers themselves. In this paper on Labour Migration in South Asia: A Review Of Issues, Policies and Practices, Mr. Piyasiri Wickramasekara, former Senior Migration Specialist, International Migration Programme of the ILO, reviews migration policy frameworks in South Asia and their implications for governance of migration, protection of migrant workers and maximizing development benefits of migration. He first provides a broad sketch of the South Asian migration profile and its distinctive characteristics and major challenges faced by the countries as a backdrop to
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