Implementation of the SAARTUC MIGRANT LABOUR CHARTER & KATHMANDU PLAN OF ACTION
SARTUC/ILO/ ITUC-AP Focal Persons Workshop on
‘Coordination of Action in Regard to the Protection of Migrant Workers’
20-21 December 2013
Kathmandu, Nepal
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Summary Report
Introduction
The SARTUC/ILO/ ITUC-AP Focal Persons Workshop on ‘Coordination of Action in Regard to the Protection of Migrant Workers’ was held in Kathmandu between 20 to 21 December, 2013. The program was organized by the South Asian Regional Trade Union Council (SARTUC), International Labour Organisation (ILO), and the International Trade Union Confederation – Asia Pacific (ITUC-AP). Apart from representatives of the organizing institutions, the Workshop involved the participation of trade unionists from across the SAARC region. Mr. Laxman Basnet, General Secretary of SARTUC, initiated the program as a felicitator. Â
All of the speakers participating in the program deliberated on issues pertaining to the protection of migrant workers’ rights in both sending and receiving countries. Similarly, leaders from South Asian trade unions highlighted the fact that issues related to the governance of the labor migration process and migrant workers’ rights was a common agenda for all South Asian workers. This was borne out of the recognition amongst union leaders that South Asia as a whole had become a major source area for migrant workers.
Speaking at the program, Mr. Khilanath Dahal, President of Nepal Trade Union Congress, said that migration had become a major phenomenon with around 400 million migrant workers having migrated globally. He further stated that migrant workers were living under vulnerable conditions and most of them were involved in occupations characterized by “3Dsâ€â€“ difficult, dangerous, and dirty. He added that a large number of migrants were working as bonded laborers in numerous destination countries due to the non-implementation of agreements in both the sending and receiving countries. He also lamented the fact that the state remained completely indifferent with regards to the reintegration of returnee migrants.
The next speaker, Mr. Baburam Gautam (ANTUF), expressed serious concerns over issues of safe migration and protection of human rights of migrant workers. Despite the provision of mandatory orientation training for prospective migrant workers and its procedural measures, he noted that most migrants were not aware about the training. He insisted on the urgency of implementing existing policy measures to safeguard the rights of migrant workers.
Mr. Bishnu Rimal, President of the General Federation of Nepalese Trade Unions (GEFONT), outlined the role of trade unions in the both sending and receiving countries with regards to protecting the rights of migrant workers and ensuring safe and decent working conditions for them. To make that possible, he highlighted the importance of engaging governments and trade unions in both the sending and the receiving country.
During the opening session of the program, Mr. Narayan Prasad Bhattarai (ILO/ACTRAV) noted that global issues were now becoming local and local issues were becoming global; thus, a local or a regional level initiative of SARTUC could play a pivotal role in origin and destination countries vis-Ã -vis securing migrant workers rights and enhancing Decent Work. Similarly, he highlighted the importance of a long-term cooperation and collaboration between SARTUC and ILO/ACTRAV towards addressing the issue of safety and security of migrant workers.
Likewise, speaking at the programme, Mr. Zahoor Awan (PWF) delineated South Asia as a region of migrant workforce. He claimed that in Saudi Arabia migrant workers represented about 56 percent of the workforce of the country, in Kuwait 82 percent, and in the UAE around 92 percent. He further noted that migrant workers had contributed significantly to the economic development of Gulf countries. But in return, migrant workers remained exploited and faced harsh working conditions. And, even among migrant workers, he alleged that migrants from South Asia were suffering the worst forms of exploitation. He mentioned the importance of implementing existing agreements while reaching new agreements with destination countries to safeguard the rights of migrant workers. Finally, he noted the significance of forums such as the present one to tackle issues and problems faced by migrant workers. Â
Paper Presentations
During the first day of the workshop, several experts from different organizations presented papers on various themes and issues related to labour migration, mobility of migrant workers, and protection of rights of migrant workers. The following will attempt to summarize those presentations and highlight the major themes discussed. Â
Presentation by Mr. Narayan Prasad Bhattrai
During his presentation, Mr. Narayan Prasad Bhattarai (ILO/ACTRAV) explained the ILO’s tripartite negotiation framework that involves representatives from trade unions, government, and workers and thus is attuned to the concerns of both labor and capital. An important part of his presentation was about the strategic objectives of ILO/ACTRAV such as standard and fundamental rights at work, employment creation, social protection and security, and social dialogue and tripartism for Decent Work. His presentation further highlighted major ILO conventions and other human rights instruments that are associated with the rights and interests of (migrant) workers.
Following his presentation, some participants put forward their comments and suggestions. Some of the key issues raised included right to safe remittance, the Kafala system and its role in the violation of migrant workers’ rights, disparity in income tax between natives and migrants, and the lack of information sharing between sending and receiving country governments. Likewise, one of the participants, Mr. Zahoor Awan (PWF), informed the participants that member states of the ILO are bound to some of the provisions of various Conventions even if the state has not ratified a particular convention.
Presentation by Dr. Bandita Sijapati
Dr. Bandita Sijapati from the Centre for the Study of Labour and Mobility (CESLAM) presented a paper on ‘Recent Trends in Migration and their Socio-economic Consequences’. During the presentation, she noted that approximately 2 million South Asian migrant workers leave their countries every year to work abroad, a majority of which head for the Middle East to work in different sectors such as manufacturing, construction, domestic work, health care and information technology.
Dr. Sijapati further elucidated the diverse range of rights violations endured by migrant workers, including, fraudulence by agents/recruitment agencies, contractual irregularities, physical and sexual abuses, and arrests in destination countries. Moreover, she revealed that the vulnerability of migrant workers to abuses is higher in countries such as Saudi Arabia, Qatar and Malaysia. In the case of Nepali migrant workers, according to the data on compensation for death provided by Foreign Employment Promotion Board (FEPB, Nepal), out of the total of 585 death compensation claims settled during 2011/12, the highest number of claims pertained to migrants going to Malaysia (36.9%) followed by Saudi Arabia (28.2%) and Qatar (19.8%). Â
Presentation by Mr. Nilim Baruah
Mr. Nilim Baruah, Senior Migration Specialist from the ILO, made an insightful presentation on ‘International Labour Standards and Rights of Migrant Workers’. He noted that the total number of migrant workers during 2010 was approximately 105.5 million. Out of this total, over 30 million (almost 30 percent) were in Asia. He explained the different challenges in ensuring smooth and safe mobility of migrant workers. According to him, information dissemination and regulation of recruitment agencies are some of the main challenges in origin countries and reducing irregular inflows of migrant workers, regulation of recruitment, and providing legal supports are the challenges in destination countries. Likewise, he mentioned issues pertaining to internal coordination and international cooperation as a third challenge in both origin and destination countries.
During the presentation, Mr. Baruah explained the ILO multilateral framework on labor migration that focuses on a global framework of non-binding principles, guidelines and good practices on a rights based approach to labor migration anchored on ILO conventions and instruments, tripartite negotiations, and a consensus based approach between countries of origin and destination. Furthermore, he explained the nine thematic areas of the framework such as Decent Work, means for international cooperation in labor migration, effective management of labor migration, protection of migrant workers, prevention and protection of abusive practices, promotion of orderly and equitable process of labor migration, promotion of social integration and inclusion, and contribution of labor migration to development.
Presentation by Mr. P. Haridasan
Presenting on the ‘Changing World of Work Migrants, Challenges before the labour movement’, Mr. P. Haridasan from the International Trade Union Confederation-Asia Pacific (ITUC-AP), insisted that the issues of migrant workers were the issues of the trade union movement. According to him, workers rights, government policies, recruitment, union membership, gender dimension, migration policies and process, health and safety, and role of ILO on these issues had attracted the attention of trade unions. He claimed that only 7 percent of the total number of workers were currently represented by the trade union movement and that workers’ voice could be strengthened by organizing more workers – a process that would contribute to lift workers out of poverty and unemployment.
Moreover, Mr. Haridasan laid out the role of trade unions in addressing challenges and problems safeguarding migrant workers’ rights and Decent Work. He noted some of the major initiatives of trade unions in the country of origin, including, setting up of a special desk to assist migrant workers, maintaining databases, arranging pre-departure training, campaigning for the adoption and implementation of model contracts, assisting returnee migrants, and signing partnership agreements with unions in destination countries.
After the presentation by Mr. Haridasan, several participants raised questions and comments focusing on the role of ITUC-AP in the present context of escalating incidences of violations of migrant workers’ rights and the weak implementation of policies related to migrant workers rights.
Concluding Remarks and closing of the program
Having engaged in the presentations, discussions, and interactions on  issues related to the protection of migrant workers’ rights and coordination among trade unions, ILO, and the government, many participants from different countries put forward their statements at the end of presentation and discussion series.
Mr. Zahoor Awan (PWF) mentioned that trade unions were the only “spokespersons†of workers vis-à -vis workers’ rights and the trade union movement and its initiatives are for the workers, by the workers, and of the workers.
Similarly, Md. Delwar Hossain Khan (BLF) noted that the SARTUC was taking essential steps to protect the rights of migrant workers.
Likewise, a representative from Sri Lanka insisted that every South Asian country has benefitted from remittances sent by migrant workers, thus, trade unions must take initiatives to protect the rights of migrant workers.
At the end of the program, Mr. Laxman Basnet, General Secretary of SARTUC, thanked all of the participants and representatives from different organizations and countries.
Work Plan Adopted by the SARTUC/ILO/ ITUC-AP Focal Persons Workshop on ‘Coordination of Action in Regard to the Protection of Migrant Workers’
Issue  |
Specific Actions/Comments |
Timeline |
Revise/reform constitution and TU structures
|
-Â Â Â Â Â Â Â Â Â TUs constitution/structures generally not conducive for membership of migrant workers -Â Â Â Â Â Â Â Â Â If TU does not have provisions for migrant workers, then the constitution of the TU will be revised and the TU structures changed accordingly
|
1st Year |
Establish a special migration unit within TUs
|
-Â Â Â Â Â Â Â Â Â In the case of Sri Lanka, separate wing for migrant workers, and in the case of Nepal, national centres have special units/sections for migrants -Â Â Â Â Â Â Â Â Â In other countries, options to create separate units within the TUs will be considered, and established accordingly
|
1st Year |
Identify out-migration areas and organize workers
|
-Â Â Â Â Â Â Â Â Â Existing data will be analyzed to identify out-migration areas (destination-wise) which will be collected and used by the migrant desk -Â Â Â Â Â Â Â Â Â Organizing workers according to out-migration areas might be difficult but decisions will be taken according to the information from the review mentioned above
|
1st Year |
Development of a national TU migration policy
|
-         Some TUs have a separate policy on migration but others that do not will develop a TU migration policy -         Based on the TU migration policy, where required, the respective TUs will pressurize the governments for a national policy on labour migration |
1st year |
Influence the government in SA to reach an understanding on minimum wage, service conditions, social protection and reduced migration costs |
-Â Â Â Â Â Â Â Â Â SARTUC will take the initiative on promoting this issue |
Within 3 years |
Establish pressure groups and campaign for ratification and implementation of C87 and C98
|
-Â Â Â Â Â Â Â Â Â C 87 ratified by Bangladesh, Maldives, Pakistan and Sri Lanka -Â Â Â Â Â Â Â Â Â C 98 ratified by Bangladesh, Maldives, Nepal, Pakistan and Sri Lanka -Â Â Â Â Â Â Â Â Â TUs will put pressure on and organize campaigns for the ratification of C87 and C98 in countries that have not yet ratified -Â Â Â Â Â Â Â Â Â Additionally, TUs in countries of origin will work with TUs in destination countries, the ITUC and ILO to also put pressure on GCC countries to ratify the conventions |
Within 3 years |
Promote relevant conventions, including C189, C97 and C143
|
-Â Â Â Â Â Â Â Â Â TUs will lobby national government to introduce/amend domestic legislation to make them consistent with C189, C97 and C143 -Â Â Â Â Â Â Â Â Â TUs will start with the promotion of ratification of C189 |
Within 3 years |
TU training for migrant workers at pre-departure
|
-         Awareness/trainings should be made available at two levels: (i) pre-employment; and (ii) pre-departure -         Strategy of the TUs will include the following: -         Advocate with government for awareness campaigns using mass media -         ILO/SARTUC/ITUC will develop an inventory of existing materials, and identify gaps and where possible develop materials at the country level. TUs will translate these materials into local languages and disseminate them -         Awareness to potential migrant workers on rights and risks of migration by using networks of national TUs -         Leverage TU’s ongoing activities and communications for awareness-raising |
Inventory of available information will be completed in the 1st year and publication spread over two years
|
Ensure TU representation in government pre-departure orientation programs
|
-Â Â Â Â Â Â Â Â Â It is not possible for TUs to be represented in all the pre-departure orientation programs -Â Â Â Â Â Â Â Â Â As in the case of Nepal, TU representation in the Foreign Employment Promotion Board which is responsible for the pre-departure orientation programs is possible, and the TUs will pursue that option (involvement and representation) |
1st year |
Provide legal support/advice for pre-departing and returning migrants
|
-Â Â Â Â Â Â Â Â Â TUs will provide legal support and advice to migrant workers
|
1st year |
Combat fraudulent practices and monitor the work of recruitment agencies
|
-Â Â Â Â Â Â Â Â Â Regulation and monitoring of fraudulent practices and recruitment agencies is the role of governments -Â Â Â Â Â Â Â Â Â TUs will take preventive measures such as organizing awareness campaigns in collaboration with the media -Â Â Â Â Â Â Â Â Â Options such as ratings of recruitment agencies or composition of a committee comprising TUs and CSOs to produce a report on recruitment practices, will be considered
|
1st year |
Exchange experiences and good practices among TU organizers
|
-Â Â Â Â Â Â Â Â Â Sharing of experiences and good practices will be an ongoing activity through SARTUC -Â Â Â Â Â Â Â Â Â ITUC-AP/SARTUC/ILO will produce a report at the regional level to document good practices |
1st year
|
TU to initiate and take part in global and regional TU solidarity campaigns
|
-Â Â Â Â Â Â Â Â Â Global and regional TU solidarity campaign will be supported through SARTUC, ITUC and ILO
|
Ongoing |
Structured regional & inter-regional mechanisms between TUs of origin and destination countries
|
-Â Â Â Â Â Â Â Â Â Regional and inter-regional mechanisms between TUs of origin and destination countries will be supported through SARTUC, ILO and ITUC
|
Ongoing |
Participants in the programme
Migration Focal Persons Workshop on |
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“Coordination of Action in Regard to the Protection of Migrant Workers†|
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20-21 DECEMBER, 2013 |
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S.N. |
Name of Participants |
Country |
Organisation |
1 |
Mr. Shabaz Ahmed |
Pakistan |
PWF |
2 |
Mr. Mehboob Qureshi |
Pakistan |
PWF |
3 |
Ms. Geeta Goswami |
Bangladesh |
BMSF |
4 |
Ms. Lufta Begum |
Bangladesh |
BMSF |
5 |
Md. Delwar Hossain Khan |
Bangladesh |
BLF |
6 |
Ms. Fatema Akhter |
Bangladesh |
BLF |
7 |
Mr. Jahangir Alam Chowdhury |
Bangladesh |
BSSF |
8 |
Ms. Ferdawsi Begum |
Bangladesh |
BSSF |
9 |
Ms China Rahman |
Bangladesh |
BFTUC |
10 |
Mr. Shah Newaz Khandaker |
Bangladesh |
BFTUC |
11 |
Md. Abdus Samad |
Bangladesh |
BJSD |
12 |
Ms. Momtaj Begum |
Bangladesh |
BJSD |
13 |
Ms. Nurjahan Begum |
Bangladesh |
JSL |
14 |
Mr.Gurusamy Sivapragasam |
Sri Lanka |
CWC |
15 |
Ms.V.Sundarawathany |
Sri Lanka |
CWC |
16 |
Ms. LILANTHI THUYYADENIYAMUDIYANSELAGE |
Sri Lanka |
NTUF |
17 |
Mr. MUTHIAH SUNDARALINGAM |
Sri Lanka |
NTUF |
18 |
MR. ASHIQUE PARATHARAYIL SAYED |
India |
HMS |
19 |
Ms. Champa Verma |
India |
HMS |
20 |
Mr. Marof Qaderi |
Afganistan |
NCAWU |
21 |
Mr. PRASANNA KUMAR Rai |
India |
INTUC |
22 |
 Mr. FRANCIS JANE ANCIL |
India |
INTUC |
23 |
Mr. Sanjay Kumar Mishra |
Nepal |
NTUC |
24 |
Ms. Lalit Kala Gurung |
Nepal |
NTUC |
25 |
Ms. Kamala Lamichhane |
Nepal |
NTUC |
26 |
Mr. Ramesh Badal |
Nepal |
GEFONT |
27 |
Mr. Bishnu Lamsal |
Nepal |
GEFONT |
28 |
Mr. Ramesh Pandit Tufan |
Nepal |
ANTUF |
29 |
Ms. Sangeeta Baniya |
Nepal |
ANTUF |
30 |
Mr. Himalaya Kharel |
Nepal |
CESLAM |
31 |
Mr. Yogendra Rawal |
Nepal |
|
32 |
Mr. Bikash Dahal |
Nepal |
|
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Participants List of leaders' meeting |
 |  | |
S. N. |
Name |
Country |
Organisation |
1 |
Mr. Rajendra Proshad Boonarjee |
Bangladesh |
BMSF |
2 |
Md. Zafrul Hasan |
Bangladesh |
BJSD |
3 |
Mr.Shah Mohammed Abu Zafar |
Bangladesh |
BLF |
4 |
Mr. A.A Mukit Khan |
Bangladesh |
BFTUC |
5 |
Md  Sukkur Mahmud |
Bangladesh |
JSL |
6 |
Prof Md Tofazzal Hossain |
Bangladesh |
BSSF |
7 |
Mr. Marof Qaderi |
Afganistan |
NCAWU |
8 |
Mr. Zahoor Awan |
Pakistam |
PWF |
9 |
Mr. G. sanjiva Reddy |
India |
INTUC |
10 |
Mr. Harbhajan Singh Sidhu |
India |
HMS |
11 |
Mr. Khila Nath Dahal |
Nepal |
NTUC |
12 |
Mr. Mahendra Prasad Yadav |
Nepal |
NTUC |
13 |
Mr. Bishnu Rimal |
Nepal |
GEFONT |
14 |
Mr. Umesh Upadhyaya |
Nepal |
GEFONT |
15 |
Mr. Baburam Gautam |
Nepal |
ANTUF |
16 |
Mr. Nilim Baruhan |
|
ILO |
17 |
Mr. Noriyuki Suzuki |
|
ITUC-AP |
18 |
Mr. P. Haridasan |
|
ITUC-AP |
19 |
Mr. Sanjendra Vignaraja |
|
Solidarity Center |
20 |
Mr. Dev Raj Dahal |
|
FES |
|
|
|
|
|
|
|
|
1 |
Mr. Laxman Basnet |
|
|
2 |
Mr. Indra Deo Yadav |
|
SARTUC |
3 |
Ms. Bandita Sijapati |
|
SARTUC |