Protection of migrant workers

Protection of migrants workers’ rights

A -country of origin

-legislation and policy

-migration process

-cost policy

-orientation on condition, culture, and other useful information about destination country

-risks and precautions to be taken

-protection from cheating by manpower companies

-give them training for required level of skills

-orientation about the TOR with the employers at destination country; the tor must be in simple language so that the migrant workers understand it

-MOU with destination country on ILO based standard

-supervise and punish recruiting agencies-they must be license holders

-help prospective migrants get job and protect them from fraudulent acts of recruiting agencies

-help returnees use their earnings

-coordination among the govt agencies

B -country of transit

-it is said that some agencies prepare visa at Doha airport

-help migrants in case of disasters

-help them if stranded

C -country of destination

-good working conditions

-decent works

-good salary and perks

-employment security

-freedom to association and collective bargaining

-discourage forced labor

-access to communication means

-right to possess documents

-safety and security measures at works

-informed decisions

-monitoring and reporting

-consulate office at destination must help find them jobs

-protect them from cheating

-take actions as needed to protect migrants’ rights

D -country of origin on return

-help migrants get compensation, if any

-help them use the earnings in a profitable business

Problems in migration

-man power companies not regulated properly

-open border with India

-no information about the nature of work and the destination country given to prospective migrant workers

-no training for required skill provided to migrants

-lot of corruption involved at all levels—syndicate working on ‘setting’

-no diplomatic MOU with the destination countries with Nepal

-migration process complicated

-expensive legal process

-female workers banned for some countries-this policy has actually siphoned women migrants towards Iand helpless due to illegal status at destinations.

What needs to be done?

-India is not in the purview of labor law. India is a big market for Nepali workers.

-the workers’ death toll is alarming in some destination countries. Has there been study on these? If no, then there should be study conducted.

-Nepali women suffering in gulf countries-2010-11

2820 rescued

415 mentally unstable

86 pregnant

82 suicides

111 in jails

32 returned with children

31 disappeared

-many migrant labors are languishing in destination countries. Do we have some mechanism to monitor and help them?

-many Bangladeshi going on Nepali passport—they find difficulty in getting passports in their country

-it is said that all Nepali papers are made in New Delhi, India

-punish recruiting agencies for their fraudulent acts

-migrant worker do not complain of trafficking

-establish labor court office in districts

-repatriated labors do not contact offices

-cheating in the name of education consultancy

-victims of fraudulent do not possess proper papers to initiate criminal case—payments to recruiting agencies must be done through banks

-they go to gang for that purpose

-political party pressure at local village level for passports

-guidelines must be developed to help workers at origin, transit and destinations