The ILO/SARTUC workshop on promoting trade union cooperation on labour migration in origin and destination countries concluded on 18^th September 2013 after four days of intense brainstorming and debate sessions. The preparatory meetings and the workshop have laid the foundations of a comprehensive strategy vis-a-vis the involvement of source and destination country trade unions in the struggle for social justice for migrants workers and for a framework of cooperation amongst each other. The first two days involved preparatory meetings leading to the workshop and involved delegates from ILO/ACTRAV and ILO/MIGRANT, SARTUC and ITUC, and Trade Union representative from Nepal. The workshop itself was held during the final two days and, in addition to the delegates involved in the preparatory meeting, included trade union representative from Bahrain, Bangladesh, India, Jordan, Lebanon, Pakistan, and Sri Lanka, representatives from various NGOs working in the countries of destination, and representatives of NGOs working in Nepal. This paper will attempt to summarize the major themes that were discussed and debated and the resulting Plan of Action which was born out of it.

Day 1 (16^th September 2013): Preparatory Meeting on the Workshop

Opening Session

The first day of the preparatory meeting was kicked off by Mr. Laxman Basnet (SARTUC) with an introduction and welcoming of the participants. In his introductory note, Mr. Basnet stressed a number of themes pertaining to regional cooperation, topics that were to remain important focal points throughout the course of the workshop. They included:

• The importance of a tripartite SAARC level meeting to establish minimum standards (wages, working conditions, and so on) for migrant workers going abroad
• The need for international negotiations between sending and receiving country governments
• The need to strategize towards building a framework for cooperation between trade unions of sending and receiving countries

The introductory session was followed with two presentations by members of the Center for the Study of Labour and Mobility (CESLAM), Ms. Bandita Sijapati and Mr. Ashim Bhattarai, which delved into the recent trends of out-migration of workers from South Asia to GCC countries, the economic impact of large-scale migration on both the sending and receiving countries, and the challenges/abuses faced by Nepali migrant workers during the migration process.

The next speaker, Mr. Luc Demaret (ILO/ACTRAV), discussed the role of ILO and it's instruments to assist relevant actors in formulating agreements in the area of labour migration. He also stressed the importance of taking a “Rights based Approach” in labour migration as the basis for cooperation between relevant actors in origin and destination countries. He stressed the importance of maintaining ILO instruments at the core of forums dealing with rights of migrant workers.

The talk by Mr. Luc Demaret was followed by a discussion from Ms. Marieke Koning (ITUC) regarding the some key policies of the ITUC in relation to the situation of migrant workers. She highlighted some areas of ITUC involvement in the past and events planned for the future. She also called on trade unions to put pressure on sending country governments to ratify relevant ILO conventions in order to build a stepping stone towards putting pressure on receiving country governments to do the same.

Rejoining the discussion, Mr. Luc Demaret then highlighted the importance of cooperation between sending and receiving country trade unions in order to move forward in the struggle for migrant workers' rights. He also summarized challenges/issues gathered from past agreements including the broad nature of existing agreements that contained few specifics on rights of migrant workers. But in 2008, ACTRAV, along with the ITUC and national trade union centers, developed a "Model Trade Union agreement" that contained three core elements, namely, (1) equal treatment (2) freedom of association and (3) the right of migrant workers to form/join trade unions. Despite the many improvements present in the model agreement over its past counterparts, many practical problems have been witnessed during the implementation phase including the non-involvement of migrant workers during the signing of the agreements.

The presentations were followed by a round of comments that focused on some of the major challenges witnessed during the implementation phase of existing agreements.

Context Presentation

The contextual session began with a photo presentation by Mr. Laxman Basnet involving his meetings/discussion with Nepali migrant workers based  in Qatar. During the course of the presentation, Mr. Basnet shared the many tales of hardship, privation, and horrors faced by Nepali migrant workers which he had witnessed during his visit to Qatar. He also highlighted one of the oft forgotten issues faced by many migrant workers, namely the issue of extreme isolation and loneliness. He shared a tale about a Nepali cattle herder who worked in complete isolation for the most part and as a result had started naming the cattle under his care with the names of his friends back home. But he also noted the strength and resilience of the many migrant workers who were making the best of their situation and using creative measures to overcome the numerous obstacles that confronted them every day.

The presentation was followed by a round of comments and general discussions regarding the abuse and exploitation of migrant workers in the destination countries. Some of the major themes included:

• Non-GCC Arab nationals facing similar situation of abuse and exploitation in GCC countries thus a need for solidarity among Arab and non-Arab migrant workers
• Labour laws in GCC countries offer numerous protections for migrant workers as well, but why are they not being implemented? What can be the role of the source country trade unions in supporting their counterparts in destination countries to implement existing laws?
• The weaknesses of the labour inspection regime at destination countries
• What lessons could be learned from the experiences of migrant workers so that relevant actors in both source and destination countries can more effectively work for migrant workers' rights

The final session of the day was a general discussion regarding possible ways forward for trade unions in both the source and destination countries. Some of the topics discussed were as follows:

• Pressing need to deal with the many issues that originate in the source country itself especially the urgency of implementing all aspects of past agreements
• Importance of promoting trade union rights in both the source and destination countries
• Importance of involving migrant workers themselves in the policy/decision making process (grassroots approach rather than a top-down approach)
• Possible ways to organize migrant workers and the challenges faced by trade unions during the process

Day 2 (17^th September 2013): Preparatory Meeting on the Workshop

Working Session

The focus of the first working session of the day was on existing trade union capacities, programs, and activities on migration. The session began with a presentation by Mr. Ramesh Baral (GEFONT) regarding past experiences of cooperation between source and destination country trade unions. Specifically, his discussion revolved around the Memorandum of Understanding (MoU) signed in 2011 between GEFONT and the General Federation of Bahrain Trade Unions (GFBTU) as well as with the Kuwait Trade Union Federation (KTUF). According to him, the MoUs have been the basis of information sharing between relevant trade unions, formation of worker support group in Kuwait, and also in establishing a working relationship between KTUF and the Nepali embassy in Kuwait.

Additionally, he also discussed the working relationship that has been established between GEFONT and non-GCC trade unions, namely, the Korean Confederation of Trade Unions (KCTU), Hong Kong Confederation of Trade Unions (HKCTU), and Malaysia Trade Union Confederation (MTUC). In some of these countries GEFONT was also successful in supporting Nepali migrant workers in forming trade unions of their own. However, unionizing workers in many of the receiving Arab countries has been far more difficult as a result of much restrictive regulations, thus GEFONT has assisted Nepali migrant workers in establishing informal support/community groups and has worked with various NGOs at destination countries to provide various services to migrant workers.

The presentation was followed by a round of comments and discussions which are summarized below:

• The urgent need to further strengthen the already existing ties between GEFONT (as well as other Nepali trade unions) and GFBTU
• The need to re-frame the dialogue so migrant workers are no longer considered "guests" or "temporary" members of the labour force at destination countries
• Strategize on ways to convert the informal working groups at destination countries into formal trade unions (when allowed by destination country law)
• The importance of a long term strategy with regards to organizing workers even when unionization might not be possible in the short run
• Need for a cohesive approach in unionizing migrant workers to prevent the labour movement from fragmenting into "nationalist" pockets

The presentation was followed with a brief discussion on the issues/challenges faced by trade unions in organizing migrant workers hailing from so many different nationalities. Commentators stressed the importance of overcoming such challenges in order to develop solidarity between migrant workers originating from different countries. One commentator pointed out the differential wages paid by employers in destination countries to workers from different nationalities. Such practices have weakened solidarity between different groups of workers and could become a hindrance when attempting to organize migrant workers to present a unified voice. It was also noted  that attempts by sending country governments to "under-price" their  workers relative to other sending countries in order to increase "market share" had started a race to the bottom vis-a-vis wages and benefits for migrant workers and was negatively affecting relationships between the different groups of workers. Additionally, the downward pressure on migrant worker wages due to sending country government policies was also putting downward pressure on wages/benefits for nationals of receiving countries which could also negatively affect the solidarity between nationals and migrant workers in receiving countries.

Working Session: Way Forward

The final session of the day involved a presentation by Mr. Nabil Abdo (ILO/ACTRAV) on the Action Plan (attached below) for the Workshop followed by comments, suggestions, and possible amendments to the same. The Action Plan contained detailed strategies to be adopted by trade unions in both sending and receiving countries and the role of support organizations (namely, ILO and ITUC) in assisting trade unions towards meeting the goals outlined. These strategies were based on the overarching objectives of organizing/unionizing migrant workers (in both the source and destination countries)  as well as placing migrant workers in an equal footing with nationals vis-a-vis remuneration and working conditions in the destination countries.

Day 3 (18^th September 2013): Workshop

The third day marked the beginning of the workshop involving trade union representatives from the major origin countries in South Asia and from several destination countries in the Arab region. The Workshop was kicked off by Mr. Laxman Basnet welcoming the participants and outlining a brief history of SAARC. He was followed by Mr. Luc Demaret, who outlined the role of ILO conventions as the common denominator to develop common strategies vis-à-vis migrant workers rights. He also stressed the need to formulate concrete action plans to ratify and implement relevant ILO Conventions and policy instruments. The third speaker, Ms. Marieke Koning, highlighted past activities of the ITUC in the struggle for domestic workers’ rights. She briefly outlined the “12 by 12” project which was spearheaded by the ITUC. The aim of the project was to put pressure on governments to achieve “12 ratifications in 12 countries” of ILO Convention 189 and other labour law reforms. The action plan included lobbying members of parliament, tripartite meetings to sensitize relevant social actors, public actions and marches in more than ninety countries, and alliance building between  trade unions. As a result of their efforts, the project was actually able to pressure 13 countries to ratify ILO C189 and other labour law reforms. Finally, the introductory session was concluded with a brief note by Mr. Laxman Basnet regarding the plight of migrant workers, the socio-economic impact of large scale migration in sending countries, the resulting demographic changes, and the potential role of trade unions to pressurize governments and employers to improve the situation of migrant workers.

The introductory session was followed with a presentation by Mr. Azfar Khan (ILO/ACTRAV) which was an overview of international labour migration and related ILO Conventions and instruments. The presentation particularly focused on the ILO's Multilateral Framework (MLF) on Labour Migration formulated by the International Labour Conference in 2004. The MLF is a non-binding set of guidelines for countries to devise their migration policies taking a rights based approach. The “Nine Themes of MLF”, as outlined by Mr. Khan, included such topics as decent work, international cooperation on migration, global knowledge base and information sharing, effective management of labour migration, protection of migrant workers, prevention of abuse, addressing the migration process, issues of social inclusion, and linking migration and development. Additionally, he also highlighted the MLF in action and the resulting plans, policies, and programs devised by relevant social actors based on the Framework.

Mr. Khan's presentation was followed up by comments/questions whose general summary is presented below:

• In 2009, the freedom of mobility which was secured for migrant workers – namely the ability to switch jobs without the consent of their employers – was a historic victory for the migrant workers and the GFBTU. But since the popular movement for democracy in 2011 and the GFBTU position in support of democracy, the Bahrain government has begun a campaign of persecution of workers affiliated with the GFBTU and a new alliance has been forged between the Bahrain government and the employers which has also led to serious curtailing of the right to mobility for migrant workers secured in 2009. The importance of a stronger alliance between trade unions of different countries has become an imperative for some destination country trade unions.
• Many relevant ILO Conventions exist but are not ratified by certain governments and sometimes are not implemented even after ratification. How can governments be held  accountable vis-a-vis ratification and implementation of relevant Conventions?
• More focus is needed in international instruments on the freedom of association for workers, the ability to enjoy trade union rights, on the issue of irregular migration, and the inclusion of trade unions in bilateral agreements between governments.
• Could the ILO also bear down some pressure on certain governments to ratify relevant Conventions and pressure implementation where ratification has been achieved? ILO might have to send “strong signals” to certain governments.
• Trade unions need to play a more active part in pressuring their governments to ratify/implement relevant ILO conventions and not let party affiliations silence criticisms.
• Receiving country governments are employing “divide and conquer” strategies which is weakening the position of sending country governments vis-a-vis sound policy choices and ratification/implementation of relevant ILO Conventions. How can trade unions and sending country governments tackle this issue?

Some of the responses to these questions/comments by Mr. Khan is summarized below:

• Migration is the result of economic conditions at the origin. It must become a choice not a necessity for workers. Colombo process was start but much remains to be achieved. It befalls the civil society and trade unions to put pressure on governments to ratify/implement relevant conventions
• It is not in the ILO's mandate to put pressure on any government to ratify/implement ILO Conventions – ILO can only play an advisory role.
• The responsibility to put pressure on the government lies with the various trade unions and ILO instruments can be the basis for that

Working Session 1

In this working session, delegates from the various countries presented “Country Reports” that explored the challenges faced by migrant workers (whether outgoing or incoming) in their respective countries, existing trade union capacities (where relevant), and programs and activities on migration being conducted by their respective organizations. Based on these themes, brief presentation were made by representatives of the National Human Rights Committee of Qatar, Nepal Trade Union Confederation Independent, General Federation of Bahrain Trade Unions, General Federation of Jordanian Trade Unions, and Indian National Trade Union Congress.

Working Session 2

This session involved a presentation by Mr. Mustapha Said (ILO/ACTRAV) exploring experiences and perspectives on cooperation between trade union in sending and receiving countries. But before the actual presentation, he stressed the importance of incorporating the point of view of both sending and receiving country trade unions while developing common strategies. From the perspective of destination country trade unions, he highlighted the importance of the popular struggle for democracy in the Arab region which a number of trade unions in the destination countries actively supported. In light of this, he emphasized the need for a show of solidarity from trade unions in South Asia to the wider political struggles of trade unions in the Arab region. He questioned the effectiveness of attempting to improve migrant workers' conditions in countries where even the most basic freedom of association is denied, suggesting rather that the core focus should be on struggle of workers to achieve the right to organize and bargain collectively.

The actual presentation began with an overview of the past approaches in dealing with issue of migrant workers' rights. He highlighted the piece-meal and fragmented approaches taken in the past by relevant social actors and organizations, the lack of focus on organizing migrants, not addressing structural deficits within the trade union movement, and treating migrants workers as a “separate” or “temporary” part of the labour force in the destination countries. He also pointed out the limitations of agreements signed between trade unions in the past and the lack of effective implementation. The following section of the presentation dealt with the main challenges facing trade unions in organizing migrant workers, namely:

• the extremely vulnerable position of migrant workers in society,
• segregation into a separate entity from the national labour force
• migrants pressured into certain activities by governments for political gain
• structural weaknesses within the labour movement
• exclusion of trade unions from inter-governmental agreements and from the migrant recruitment process
• severe restrictions on trade union rights mostly in destination countries
• absence of a consolidated and common strategy between trade unions
• exclusion of migrants during policy debates and discussions.

Finally, Mr. Said emphasized the urgent need to address these issues as the way forward in formulating a successful strategy in improving the situation of migrant workers in the Arab region.

The presentation was followed by comments/questions whose general summary is presented below:

• Trade unions in destination countries are facing some serious obstacles, legal and non-legal both, in organizing migrant workers. What can be done by the trade unions in the countries of origin doing to assist their counterparts in destination countries? How can we build networks among migrant workers, either as focal points or to sensitize them on trade union rights and collective bargaining?
• In many cases, agreements have been signed but it has not been followed up with periodic communication and status update reports between the various parties. Past experience shows cooperation between trade unions should be based on clear principles, time-frame for implementation and follow-up, and clear task for each party under the overarching supervision of ILO/ITUC.
• The urgent need to put pressure on respective governments to include trade union representatives during bilateral agreements between sending and receiving country governments.
• The importance of a “permanent” forum to discuss issues and updates between trade unions of origin and destination countries
• The importance of forging alliances with NGOs and other civil society groups that are working in the field of migrant workers' rights in order to build a common platform to be able to influence the government.

Finally, Mr. Laxman Basnet closed the session following a brief update on the meeting held between the President of Nepal and the ILO/SARTUC delegation.

Day 4 (19^th September 2013): Workshop

Working Session 3

The first session of the final day of the Workshop involved a series of discussions on the strategic directions that the trade unions would like to take in the field of labour migration. Mr. Laxman Basnet started the session with a series of questions that would act as the guiding parameters for the remainder of the session: What are the areas in the migration process needing immediate improvement? What are the expectations of sending country unions? How do we pressure governments to pay more attention to the issues of migrant workers?

Mr. Basnet's introductory note was followed by a series of discussions which are summarized below:

• Activities in isolation will not be effective in bringing about change. All the stakeholders need to collaborate and build a common strategy to put pressure on governments.

• Embassies and diplomatic countries in the destination countries either do not have the necessary resources and training or, as is often the case, are indifferent to the plight of migrant workers and sometime even engage in abusive/exploitative practices themselves. Trade unions can play an important part in pressuring sending country governments to properly equip and build capacity of relevant diplomatic missions and also to hold the missions accountable for their (in)action.

• Need to be careful about governmental regulations since some restrictive measures can lead to workers migrating through irregular channels

• Organizing migrant workers is an urgent issue at the destination countries since their exploitative situation depresses wages for everyone and, additionally, migrant workers are often used as strike breakers which weakens solidarity between the different groups of workers.

• The importance of holding periodic interactions (like the present one) on a regular basis to strengthen coordination and to follow up on past agreements between trade unions

• The need to utilize media outlets more effectively in order to sensitize the general public and government officials on the plight and struggles of migrant workers

• The urgency of the struggle to place domestic workers (both migrant and non-migrant) in an equal footing with all other workers and to afford them with all the protections stipulated in the labour laws of the various destination countries.

• If there are concerted efforts by trade unions in origin countries to unionize prospective migrant workers and train them on the “ABCs” of trade unions, then that would be of immense help to trade unions in destination countries when they are attempting to organize migrant workers. Additionally, the origin country trade unions could also be involved in training prospective migrants on the relevant laws and cultural practices of destination countries.

• The networks that have been built between trade unions and the common platforms, like SARTUC, need to be utilized more efficiently. The creation of a “black list” and “white list” of recruitment agencies based on the quality of their business practices and sharing that information amongst each other can be a useful starting point.
• The importance of adopting standard unified contracts when possible so workers are not defrauded in the contractual phase

Working Session 4

This working session involved a presentation by Mr. Andrea Salvini (ILO/MAGNET) which outlined the major themes of the ILO MAGNET project. The core problems being tackled by the project fall into three broad categories: the relationship/interactions between development and migration, protection for migrant workers, and representation and voice for the migrant workers. Mr. Salvini highlighted the project's focus on an evidence based approach in tackling labour migration issues and making policy recommendations. Additionally, the project also provides direct technical assistance to relevant governments  in the implementation of surveys and data collection as well during development and appraisal of policy options. Beyond policy design assistance, the project also extends assistance to relevant stakeholders during the policy implementation phase. The latter involves promoting tripartite agreements on migration issues, supporting trade unions vis-a-vis service delivery to migrants, pilot-tests on innovate ways of service delivery, and improving quality and coverage of migration by media professionals.

Working Session 5

The final session of the day – and of the Workshop – involved the development, presentation, discussion and adoption of the Plan of Action. It was kicked off by Mr. Mustapha Said presenting the Plan of Action (attached below) in its entirety. The presentation was followed by a round of discussion which is summarized below:

• A more inclusive role for civil society members/NGOs might be required since trade unions are either not present or institutionally very weak in many destination countries

• More focus on the sensitizing aspects, especially for members of the media and members of the judicial system, can be a productive approach for the long run

• The need to share the Plan of Action with other trade unions and ITUC affiliates so that it can be a point of departure for their own efforts

• More focus might be needed in placing inbuilt incentive mechanisms so less probability of stagnation during the implementation phase

Following the discussions, Ms. Marieke Koning declared the Plan of Action adopted.

Closing Session

Mr. Laxman Basnet thanked all the delegates for their participation and declared the Workshop adjourned.