Bruise of Qatar

 In 2010 the FIFA World Cup 2022 was awarded to Qatar. In Qatar there are more than 2 million migrant workers, many of them coming from Nepal and India. Construction workers, domestic workers, drivers, hotel staff, fishermen, … Majority of them have been working in slavery-like conditions and housing in squalid, overcrowded labour camps. Until 2020, under the Kafala system, migrant workers were subject to their sponsor’s approval to go back home or to change jobs, which led to many abuses.

For many years the international labour movement has been campaigning against these practices.

In 2017 an agreement was reached in the International Labour Organisation (ILO).

The State of Qatar agreed to put in place labour reforms to better protect the migrant workers.

GEFONT Nepal, NDWM India, WSM and ACV-CSC BIE are glad to present to you ‘Injury Time – Stories of Migrant Workers in Qatar’. This video documentary, directed by Hom Karki for Katha Nepal, a Nepal based production house which has previously produced the documentary ‘Bruise of Qatar’, tells you the stories of Nepali and Indian workers, looking for a better life beyond the border. 

India: Model Operating Procedure for registration of Migrant and Unorganized Workers in National Database

The Working People's Charter, which involves some of the WSM partners  in India, has drafted this statement related to the standard operating procedures to register unorganized or migrant workers in a database for the e-shram portal and social protection schemes. 

Context

In the Suo Moto Writ Petition (Civil) No.6 of 2020 with Writ Petition (C) No. 916 of 2020 the Supreme Court gave the following direction on 29th June 2021 with respect to registration of unorganized workers:

“Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared”

It has been more than two months since this direction was given to the Central and State Government. Information regarding the concerned Government’s action plan to comply with the direction as per the time frame mentioned is not available in the public domain. We are aware of sporadic measures like surveys being conducted for instance by the Government of Delhi, but are not informed of the larger framework of implementation within which State led initiatives are being undertaken.

At present, there is no centralized national database of unorganized workers in India, in spite of enabling legal mandates under the Unorganized Workers Social Security Act 2008. A collective of worker groups, civil society organizations and academics who have worked extensively towards issues of labour rights have taken the initiative to build a “Model SOP” for registration of workers, which if implemented can ensure that the Government complies with the orders of the Supreme Court. The model SOP can be used by civil society groups, in individual and collective advocacy efforts, to push the Government at the Centre and State level to honour the directions of the Supreme Court in letter and spirit. SAFAR and Working Peoples’ Charter intend to prepare such a SOP by consulting and taking inputs from a range of trade unions, worker groups, campaigns, networks, activists, academics and subject matter specialists such that the contents of the SOP reflect collective priorities through a democratic and participatory manner. The basic objectives of this SOP are to empower unorganized workers, the Central Government and the State Government in India through following:

1. Creation of a portable national database of all unorganized workers in India which will facilitate their unhindered access to multiple social security benefits
2. Provide a unique registration number for each unorganized worker in India, so that she/he can claim and access entitlements, services and benefits from any place in the country 
3. Link potential employers with the unorganized workers

Introduction 

The Indian economy is broadly divided into organised and unorganized sectors and with growth of economy, the organized sector is stagnant (in fact formal employment is shrinking) and unorganized sector is expanding or informal employment is increasing. Out of the estimated workforce of 474 millions, 17 percent (about 82 million) is employed in organized sector and 83 percent (about 392 million) is employed in unorganized sector. In general unorganized is informal also but about 55 percent of the workers in organized sector are also employed informally. In total about 92 percent of the total workers are engaged in the informal employment and majority of them have low earning and without any social protection. Out of the total informally employed workforce - 56 percent are self employed, 11 percent are regular salary wage earners and 33 percent are casual workers seeking employment on daily basis. (It is from 68 NSSO round, but have to check recent one)

The unorganized sector makes a significant contribution to the national wealth, yet workers in this sector do not have access to sufficient and reliable social security. These workers adopt informal strategies which are very expensive and their continued dependence on such strategies only rendered them more vulnerable. A vast majority of them do not have a fixed employer. There is a poor employer-employee relationship. With the enactment of the Unorganized Workers Social Security Act 2008, The Government of India has created a right based legal framework for providing social security benefits to the unorganized workers. According to section 10(1) of the Unorganized Workers Social Security Act 2008, it mentions that every unorganized worker shall be eligible for registration subject to the fulfillment of the conditions. 

Definition of Unorganised Workers

As per the Unorganised Worker Social Security Act 2008 a worker should be recognized as an unorganised worker if he/she fulfills any or all of the following definitions:

• Self-employed worker (full time/part time) 
• Wage worker- who does not get covered under social security net as per Unorganised worker Social Security Act (full time/part time) 
• In case a worker is covered either in EPFO, ESIC or any other four acts as mentioned in schedule II of the Act, he/she is not an unorganized worker.
• 18 years-age till the person receives pension

Minimum principles to govern the process of registration of workers: 

Self-declared information shared by workers has to be treated as true, unless proven wrong. Onus of proving veracity of information is on the State, and not on the individual worker. 

Recognizing that, despite best efforts, the modes of registration can be corrupted or blocked, multiple modes (online and offline) and routes (multiple spatial access points) must be provided by the State in order to make it progressively difficult to inhibit attempts made by workers to register in a free and fair manner. Additionally, the state must make efforts to reach the worker more than expect the worker to come to it through organizing registration camps, door-step registration services etc. 

Workers who have been registered on existing government portals / lists should not be asked to re-register themselves. Their inclusion in the NDUW should be automatic. In such a case of an auto-enrollment, worker’s unique registration number should be communicated to the worker by SMS on the given phone number and the worker’s registration card should be sent by post to the address in the database. However, if a person who is registered on any of the portals or lists appear at the registration desk, s/he should not be denied registration. An acknowledgement receipt with the ID, list from which the name has been pulled, and status (active / inactive / pending for renewal etc.) should be given along with the physical copy of worker’s registration ID card. 

Workers who have any state approved ID/private document proving authenticity of information being states, have the option of submitting the same at the time of registration. However, no document beyond self-declaration will be required from workers in order to register themselves on the NDUW. A worker wishing to register himself/herself shall not be required to give any proof or any other personal details except those that may be necessary for contacting him/her. 

It shall be the responsibility of the State/Central Government to take pro-active steps to reach the worker and facilitate him/her through the process of registration and other incidental activities, instead of relying on the worker to contact the State/Central Government 

Transparency of information to workers – The Government must put in place mechanisms through which the workers are made fully aware about all the information regarding the registration process like know what registering to this database means, what benefits it will give them, and who will have access to the information to name a few. 

Principle of portability - all workers can register anywhere, get info anywhere, access a center anywhere – no “home state” for registration – Benefits and coverage that follow from the ID must be accessible anywhere in India and should be designed that way.

Inclusion of worker organisation including trade union and voluntary organisations engaging with unorganized sector should be rope in for registration and awareness drive.  

Process of registration

As mandated under Section 9 of the Unorganized Workers Social Security Act, 2008 the State Government shall set up ‘Worker Facilitation Centres’ at the Gram Panchayat and Ward level to facilitate the filling, processing and forwarding of application forms for registration of unorganized workers

In addition to the Worker Facilitation Centres at the Gram Panchayat and/or Ward Level, the State Government should ensure access of workers to multiple modes of registration. Workers/Employers/Trade Union or any worker organisations working in the unorganized sector on behalf of workers should also be able to register through the following ways:

• Labour Offices 
• Helpline (govt and non govt run both)
• Web Portal
• Ration Dealer/ Post Office / Government Schools / Anganwadis / PHCs / Railway Stations / Metro Stations / Bus Stations / Booth Level Workers 
• CSC network 
• Gram Panchayat and Municipal Corporation

Govt may charge nominal fee @Rs 20 or less for the process of registration 

The process of registration will be ongoing through the year. There will be no cut-off date beyond which workers cannot register themselves 

Registration of workers will be renewed automatically, unless workers report a change in parameters by themselves

All those who register themselves on the NDUW will be provided with a dated acknowledgement slip at the time of registration which will contain the following details:

1. Name of applicant for registration 
2. Date on which application for registration being submitted 
3. Location where application for registration being submitted 
4. Unique ID of the Application 
5. Name, designation and contact details of the functionary who has received the application for registration 
6. Date by when the worker will receive the ID card 
7. Details of how the worker can file a grievance as per provisions of Section 7
8. The dated acknowledgement slip should contain the following information at an appropriate location
9. No documents will have to be submitted by the worker at the time of registration 
10. The time period should be prescribed - which should not be more than two weeks. 
11. The dated acknowledgement slip provided to the worker at the time of registration should be considered as the registration ID until the worker is provided with the latter.

Workers will be provided with an ID Card within 15 days of submitting an application for registration which will include a unique registration number of a worker. Until this is provided, as stated above, the dated acknowledgement slip provided to the worker at the time of registration shall be considered as the unique registration ID of the worker.

The Central and State Government will access the database of workers registered under existing portals, and add the same to the National Database for Unorganized Workers. Workers registered under existing schemes/programmes will not be required to re-register on the National Database once again. If there is additional information that ought to be collected from Workers registered under existing schemes/programmes, it will be the responsibility of the concerned Gram Panchayat / Municipal Corporation to update the same. 

The State Government may consider deploying the Nehru Yuva Kendra Cadre, National Social Service Cadre, National Cadet Corps to assist with registration, given Labour Departments across the country are understaffed. Additionally, the State Governments should actively involve worker organizations, empanel unions, federations, and labour collectives working in the State for the registration process. 

Functions/Fields for registration of unorganized workers

• Full Name of the worker (Mandatory) 
• Date of Birth (Mandatory) 
• Age (Mandatory) 
• Permanent address (Mandatory) 
• Current address (Mandatory) 
• Mobile Number (Mandatory) 
• Gender (Mandatory. Male/Female/Transgender/Other) 
• List of main occupations (Mandatory) (Annexure 1) 
• Marital status (Not Mandatory) 
• Is HOF(Head of Family)
• Caste Category( SC/ST/OBC/General) (Non Mandatory) 
• Aadhaar Number (Non-Mandatory) 
• Email id (Non- Mandatory)
• Bank account number (Non-Mandatory) 
• Bank IFSC Code (Non-Mandatory) 
• Bank type (Non-Mandatory) 
• Person with Disability (PwD) (Yes/No) (Non-Mandatory) 
• Percentage of disability if disabled (Non-Mandatory) 
• Disability type if disable (Seeing, Hearing, Speech, Movement, Mental Retardation, Mental Illness, Other disability, Multiple disability) (Non-Mandatory) 
• BPL Category (Yes/No) (Non-Mandatory) 
• Ration card number (Non-Mandatory)

Workers who have any state approved ID/private document proving authenticity of information being states, have the option of submitting the same at the time of registration. However, no document beyond self-declaration will be mandatorily required from workers in order to register themselves on the NDUW. A worker wishing to register himself/herself shall not be required to give any proof or any other personal details except those that may be necessary for contacting him/her. 

Automatic inclusion list and exclusion list

Workers registered under different schemes and boards will be automatically included in the NDUW with a unique identifier indicating that their details have been ported directly from other databases. At the time of distribution of material benefits to workers registered on the NDUW, the unique identifier will ensure that workers registered under different schemes and boards do not receive double benefits.

• Time-bound redress of grievances faced by workers in the process of registration and other issues
• The Booth Level Officer (BLO) will be appointed as the Grievance Redress Officer in their respective jurisdictions.
• The name and contact details of the concerned BLO will be proactively disclosed at Worker Facilitation Centres and all physical locations at which registration of workers is taking places in a prominent fashion.
• Workers facing any grievance in the process of registration will be able to file a complaint with the Booth Level Officer in writing, or through calls, SMS and web portals dedicated for the purpose of receiving and directing grievances to the appropriate BLO

All grievances received by the BLO in writing or through calls, SMS and web portals will be acknowledged with a dated acknowledgement slip which will contain the following details:

• Name of complainant 
• Date on which complaint filed 
• Description of complaint 
• Location of complaint 
• Time frame within which the complaint should be redressed 
• Name, designation and contact details of the BLO who has received the complaint

All grievances filed by workers will be responded to and redressed within 15 days of the grievance being filed. 

Transparency

All information collected and generated in the process of registration of workers under the NDUW will be publicly disclosed as per Section 4, RTI Act through a real time, transaction-based Worker Information System (WIS) set up for the purpose.

Applicants will be able to track the status of their application for registration, look up their registration number, download a registration certificate as many times, request an SMS with the registration information etc. through the WIS. In addition to these, wall painting should also be carried out in Panchayats and Ward offices in Municipalities by putting out the name of people who are registered.

All registered workers will be provided with a physical Registration ID Card, that will be provided at their current physical address. Workers should also have an option to download the Registration ID Card from the WIS anytime, anywhere by providing their registered phone number and unique registration number. The Registration ID Card provided to the worker physically, and the Card downloaded through the WIS will be treated equal in terms of sanctity. The Registration ID Card will contain the following details: 

1. Name of worker 
2. Unique Registration ID Number 
3. Date of registration 
4. Details of benefits provided to the worker 

Employment categories of Unorganized Workers 

1.  Agarbatti making
2.  Agriculture
3.  Agriculture machinery handling
4.  Animal Husbandry
5.  Arrack and liquor production and vending
6.  Automobile work
7.  Bakery work
8.  Band playing
9.  Bangle manufacturing
10.Beads making / piercing
11. Beautician
12. Beedi manufacture
13. Bicycle repair
14. Bindi work
15. Blacksmithy
16. Boat/Ferry occupation
17. Book binding
18. Brick kiln work
19. Brush making
20. Breweries Distilleries
21. Building and road maintenance
22. Bulb Manufacturing
23. Bullock/Camel-cart operation
24. Butchery
25. Cable TV operation
26. Cane/Reed work
27. Carpentry
28. Carpet weaving
29. Cashew processing
30. Catering
31. Chikan work
32. Cine service
33. Cloth printing
34. Clubs and canteen services
35. Coaching services
36. Coir processing/manufacture
37. Confectionery
38. Construction work
39. Construction of tents and pedals supply of utensils and decoration for function
40. Courier service
41. Dairying and allied activities
42. Data entry operations
43. Distribution of petroleum products
44. Domestic work
45. Dyeing
46. Electronic, electrical goods repairs
47. Electroplating
48. Embroidery work
49. Envelope making
50. Firework cracker production
51. Fishery production
52. Fish processing
53. Flora work and garland making
54. Flour mills operations
55. Footwear production
56. Forestry operation
57. Foundry
58. Gardening and parks maintenance
59. Garment manufacture
60. Gems cutting
61. Ginning
62. GIG/Platform Economy 
62. Glassware manufacturing
63. Goldsmithy
64. Hairdressing
65. Handloom weaving
66. Hawking and vending
67. Headload work
68. Health service
69. Honey gathering
70. Horticulture and floriculture
71. Hotel and restaurant service
72. Lock making
73. Manual operation of unspecified jobs
74. Masala making
75. Matches manufacture
76. Minor forest produce gathering
77. Minor mineral and mines work
78. Newspaper vending
79. NGO services
80. Oil extraction 
81. Packing and packaging
82. Panwalla services
83. Pappad making
84. Petrol bunk/pump and allied services
85. Pickle making
86. Plantation
87. Plastic manufacture
88. Pottery
89. Powerloom weaving
90. Printing press work
91. Quary work
92. Rag picking
93. Rice Milling
94. Rickshaw pulling
95. Salt pan work
96. Sand mining
97. Sawmill work
98. Scavenging
99. Security services
100. Sericulture (Silk rearing)
101. Service station work
102. Shepherding
103. Shoe shining work
104. Shop and establishment work
105. Small-scale industries
106. Soap manufacture
107. Sports good manufacturer
108. Steel vessels and utensils manufacture 
109. Stone crushing
110. Tanning(including hides and skin production) leather goods manufacture
111. Telephone booth service
112. Sweeping
113. Temple leaves collection
114. Tendu leaves collection
115. Timber industry(Furniture manufacture)
116. Tobacco processing
117. Toddy tapping
118. Toy making
119. Transport service(driving, conducting, cleaning) etc.
120. Laundry work
121. Wayside mechanics and workshop service
122. Welding
123. Any other occupation that is not listed above, but the worker declares as his/her occupation. This occupation will be periodically added to the above list. 

These employment categories in the unorganized workers are a suggestive list and should not be limited to just these. Additionally, if any new category emerges through workers’ response during the time of registration under 123, it should become a new category on the WIS too. Workers must be allowed to choose any number of categories of works at the time of registration and should not be restricted to choose a fixed number.

Qatar introduces historic reforms to its labour market

In a historic move, the State of Qatar has introduced major changes to its labour market, ending the requirement for migrant workers to obtain their employer’s permission to change jobs, while also becoming the first country in the region to adopt a non-discriminatory minimum wage. 

This new law, coupled with the removal of exit permit requirements earlier in the year, effectively dismantles the controversial “kafala” sponsorship system and marks the beginning of a new era for workers and employers in Qatar. This is an issue WSM partners have been working on for a long time, so definitely a big step forward!

Find out more here. 

Migrant, garment workers and social security - Indonesia in 2019

Yusi Candi is a migrant worker who worked in Saudi Arabia. She was struck by disaster while working abroad but now her condition has improved. Currently Yusi works as an honorary teacher in a kindergarten in Karawang district, where she previously had worked as a migrant worker. Yusi didn’t not know all of her rights and obligations as a migrant worker until she had an accident. In Indonesia she was assisted by SPMI and she learned why for prospective migrant workers it is important to be recruited through legal channels. She now passes on the information to other migrant workers , whom plan to go working abroad.Yusi also played an active role in her area helping with the handling of cases of abused migrant workers for SPMI. She’s also thinking of becoming an organizer for SPMI in her living area, aside from her job as a teacher. That way Yusi hopes she can contribute to the trainings of SPMI in this area, so she can provide a better understanding and training to migrant workers before they go abroad on how to migrate in a legal way, and what are the legal rights of Indonesian migrant workers going abroad. Because in Yusi’s living area there are still many illegal departures.

Political, economic and social context
Presidential elections were held on 17 April 2019. Incumbent president Joko Widodo won 55,5 % of all votes, while his opponent Prabowo Subianto lost the election with 44,5% of the votes. However, as in 2014, Subianto was not ready to accept the result and petitioned the Constitutional Court to cancel the results of the election, bringing fraud allegations against Widodo. This created a lot of political tension, with protesters rioting in the streets of Jakarta. In the end the Court ruled against the petition of electoral fraud and upheld Widodo’s victory. In October President Widodo surprisingly appointed Subianto as Defense Minister in his new government. The new cabinet introduced a draconian package of economic reforms, also known as the ‘OMNIBUS – law’. The Indonesian government says the goal of the package is to create jobs and to increase competitiveness through simplification of existing laws, making it easier for businesses to invest. However, partner organization KSBSI says that the ‘OMNIBUS – law’  (which is actually a cluster of 74 different laws, divided over 11 policy areas) will substantially remove the existing protection mechanisms for workers that have been created over a period of 20 years, not in the least the Labour Law of 2003 and the Law concerning Trade Unions of 2000. Together with two other trade union confederations KSPI and KSPSI, KSBSI has reactivated the union platform MPBI, to lobby against the enactment of the OMNIBUS – law.

Indonesia and COVID-19: KSBSI facilitates pre-employment card and SPMI assists returning migrant workers

Indonesia has one of the lowest rates of COVID-19 testing, and it is concentrated in greater Jakarta where the country’s best medical facilities are. It is still unclear what containment measures Indonesian authorities will take, beyond social distancing and handwashing, to lower the rate of infections. The Indonesian President, however, has announced to allocate 2,55% of GDP or 15,9% of the APBN (state budget) for COVID-19 mitigation. It’s aimed at keeping Indonesia’s economy afloat during the coming weeks. For the moment, they’re mainly focussing on prevention. “The more individuals in the community learn about the preventive messages, the more chance they have to beat the virus”, said Yurianto, Government’s spokesman for COVID19-related matters.  The Indonesian government will implement a "Large-Scale Social Restriction (PSBB)" starting in Jakarta and surroundings city on 10 April. Every region in Indonesia can ask the Central government for PSBB implementation when it meets the requirements, such as data on increased number of COVID-19, prepared health facilities, quarantine plan, food distribution, cash transfer plan, limitation of public transport, etc.

WSM partner, the trade union KSBSI negotiated with management to set up hygiene and safety measures in the companies and factories to protect workers from the virus.  MPBI (KSPI, KSPSI and KSBSI) provides disinfectant spraying for the general public and distributes hands sanitizers to people in need.

KSBSI is also socializing and assisting members to collect data on workers lay-offs so that they can be registered for pre-employment benefits card, which has a cash transfer of 1 million IDR per month (around 80 Euro), for the next 4 months due to COVID-19.

WSM other partner in Indonesia, SPMI (previously SBMI) was involved to collect data from and assist at least 3.000 migrant workers that returned to Indonesia. They also had to pressure management for the payment of outstanding salaries for workers who had to leave.

ILO overview of COVID-19 measures implemented by governments, employers’ and workers’ organizations, and the ILO for Indonesia: link

Indian consultation on safe migration - NDWM

National Domestic Workers Movement (NDWM), with the support of WSM, organised a National Consultation on Safe Migration in Chennai, Tamil Nadu, India on 4 Nov. 2019
to discuss the rights of overseas migrants and safe-guard them from fake agents and agencies. It aimed to work as a collective body of volunteers, gathering victimised volunteering migrants, trade unions, NGOs, social workers and representatives from government.

Improvements in 2018 for the new Indonesian Social Security

2018 saw the further implementation of the reformed National Social Security System and the expansion of the social security coverage, including the health insurance. At multiple moments KSBSI invited officials from the Health Insurance Body and the Social Security Body to discuss the various difficulties with the implementation of the different schemes, such as the contributions to be paid by employers and by workers. Nevertheless there were some breakthroughs:

• hospitals are now obliged to accept any patient and to ask for reimbursement for the expenses from the Health Insurance Body rather than from the patients themselves. 
• The policy on ‘Coordination of Benefits’ between the public social security and private company schemes has been clarified now.

Indonesian migrant workers get access to the regular social security schemes
The new Indonesian Migrant Workers’ Law for which the partner organisations advocated came into effect in November 2018. This law gives more and better protection to Indonesian migrant workers going abroad to work, mainly by making placement, recruitment and protection of migrant workers a responsibility of the state. A new regulation stipulates that migrant workers can have access now to the regular work accident scheme, the death insurance and to old age insurance (a kind of retirement savings). The actions of KSBSI and SBMI in 2018 focused on the dissemination of the new law to the migrant workers and on the negotiation of and advocacy for village level and district level regulations,  needed to execute the law.

ITUC Launches Migrant Worker “Recruitment Adviser” Platform

ITUC Launches Migrant Worker “Recruitment Adviser” Platform

Since many of the members of the Asian Network on the Right to Social Protection, are actively involved in the support for labor migrants' rights, I thought it could be interesting to share this message from ITUC on the launch of the 'Recruitment Adviser'.

Brussels, 4 April 2018 (ITUC OnLine): The ITUC has launched a new web platform to help protect migrant workers from abusive employment practices, by providing them with peer-to-peer reviews about recruitment agencies in their country of origin and destination.

The Recruitment Advisor, developed by the ITUC with support from the ILO Fair Recruitment initiative”, lists thousands of agencies in Nepal, Philippines, Indonesia, Qatar, Saudi Arabia, Hong Kong, Malaysia, Singapore, and other countries.

The platform allows workers to comment on their experiences, rate the recruitment agencies and learn about their rights. Initially available in English, Indonesian, Nepali and Tagalog, it will be further developed in more languages.

Governments provided the list of licensed agencies and a network of trade unions and civil society organizations in all target countries, ensures the sustainability of the platform by reaching out to workers and speaking to them about their rights.

Public and private recruitment agencies, when appropriately regulated, play an important role in the efficient and equitable functioning of both the migration process and labour markets in countries of destination, by matching the right workers with specific labour needs and labour markets, as well as creating invaluable skills assets for countries and communities of origin when workers return home.

Ultimately Recruitment Advisor will promote recruiters who follow a fair recruitment process based on ILO General Principles and Operational Guidelines for Fair Recruitment and will provide useful feedback to Governments regarding the practices of licensed recruitment agencies, which could be used to complement more traditional monitoring systems.

Recruitment is a critical stage when migrant workers are more vulnerable to abuse. “Unscrupulous recruitment agencies take advantage of the lack of law enforcement by governments or because workers are simply not aware of their rights”, says ITUC General Secretary, Sharan Burrow. “It’s time to put power back into workers’ hands to rate the recruitment agencies and show whether their promises of jobs and wages are delivered.”

“This platform can help migrant workers make critical choices at the time of planning their journey to work in a foreign country. We know that when a worker is recruited fairly the risk of ending in forced labour is drastically reduced,” says ILO technical specialist Alix Nasri. “We strongly encourage workers to share their experiences so others can learn from them. A critical mass of review is needed for the platform to be really helpful for migrants.”

“An organized workforce cannot be enslaved, but when there is a governance failure and no law enforcement, then slavery can flourish. Together we will stop unscrupulous recruitment practices, we will eliminate slavery in the supply chains and we will end modern slavery”, said Burrow.

The ITUC represents 207 million members of 331 affiliates in 163 countries and territories.

Follow us on the web: http://www.ituc-csi.org and http://www.youtube.com/ITUCCSI

For more information, please contact the ITUC Press Department on +32 2 224 03 52 or mail to: press@ituc-csi.org

Recruitment Advisor: Advice for Migrant workers

Recruitment  Advisor  is  a global  recruitment  and employment review  platform  offering easy access to  information  about recruitment agencies and workers' rights when looking for a job abroad.
Recruitment Advisor is developed  by the International Trade  Union Confederation together with  its affiliates and partners national trade union centres from  Indonesia, Malaysia, Nepal and the Philippines that also act as coordination teams.

Working with trade  unions  and  migrant  rights organisations  in each country, the  teams  reach out to  people  to  raise awareness of workers' rights and fair recruitment based on the  national legislations and the  I  LO General Principles and Operational Guidelines for Fair Recruitment and  encourage people  to  share and  learn about  recruitment experiences through Recruitment Advisor.

The best advisors are other workers with experience.
1. Check  the rating of recruitment agencies based on worker reviews.
2. Check  your rights where you will work .
3. Ask for assistance when your rights have been violated.

While expecting the birth of the platform early next year, here is an update from Nepal. The  team   in  Nepal  have done  several  outreach  activities  to  the  migrant workers  to  promote  Recruitment  Advisor  and to  collect  reviews  not  only  in Nepal  but  in  some countries  of destination  like  Qatar,  Malaysia,  and Kuwait. Beside that, the team  has also familiarized different stakeholders with Recruitment Advisor  in  several  events such  as International  Migrant  Day and the role of Journalist organized by People Forum on 14th  December and at the meeting by National Network for Safe Migration, an umbrella organization of NGO's working on safe migration  issue in  Nepal.  On the  18th  Dec, GEFONT members has also participated in the main event of International  Migrant Day celebration, organized  by Government and civil society jointly.

Breakthrough to end kafala after new commitments from Qatar on workers’ rights

Qatar's system for migrant workers which meant they were practically the property of the employer (the so-called "Kafala" system) has been dismantled, improving rights for over two million migrant workers, many from India, Nepal but also Africa which are, among other tasks, building the football stadia for the 2022 World Cup. This came after after many years of pressure and organizing, by the WSM partners in India and Nepal (see here, also with support from ACV BIE), gathering testimonies (see publication here), by the International Trade Union Confederation ITUC (here) and from the ILO, where a complaint procedure had been initiated and a high level mission conducted, comprising Luc Cortebeek on behalf of the employees.

The new guidance and commitments made by the Government dismantle the system of kafala, which has trapped millions of migrant workers in Qatar. The six steps include:

1. Employment contracts will be lodged with a government authority to prevent contract substitution, ending the practice of workers arriving in the country only to have their contract torn up and replaced with a different job, often on a lower wage.
2. Employers will no longer be able to stop their employees from leaving the country.
3. A minimum wage will be prescribed as a base rate covering all workers, ending the race-based system of wages.
4. Identification papers will be issued directly by the State of Qatar, and workers will no longer rely on their employer to provide their ID card without which workers can be denied medical treatment.
5. Workers’ committees will be established in each workplace, with workers electing their own representatives.
6. A special disputes resolution committee with a time frame for dealing with grievances will be a centerpiece for ensuring rapid remedy of complaints.

"Our efforts are now also starting to bear fruit" says Andre Kiekens, General Secretary of World Solidarity. "We are particularly pleased that the ILO and the Qatari government have now signed a cooperation agreement for the period 2018-2020. This cooperation will ensure that the new legislation does not remain only on paper. Within this framework, an ILO office will be set up in Qatar that will specifically monitor the implementation of all these legislative changes and assist the government in strengthening their labor inspectorate on the construction sites" he adds. The International Trade Union Confederation also welcomed the breakthrough from the Government of Qatar to end the kafala system of modern slavery. “These initiatives have the support of the ITUC, and we hope that implementation will be also supported by the ILO with its technical expertise. Much remains to be done, but these steps open the way for workers to be treated with dignity and for their lives and livelihoods to be protected,” Sharan Burrow commented here.

Following this,  the ILO Governing Body decided to close the official complaint that was launched against the Government of Qatar, considering the various policy measures that were taken by the Government in the last few years (decision here).  The ILO and the Qatari Government have concluded a cooperation agreement, which gives a mandate to the ILO to monitor the Government’s efforts in the country to comply with the measures it has adopted. Let us hope that this will indeed prove meaningful for the nearly 2 million migrant workers in the country.

Indonesia’s reviewed law on labour migration

On Thursday October 12, ANRSP members KSBSI and SBMI jointly organized a workshop on Indonesia’s reviewed law on labour migration. The current legislation, Bill nr 39/2004, has been in effect for 13 years and its revision is in the last stages. Without obstacles it will be approved in parliament on October 28 this year. Generally speaking, both KSBSI and SBMI think some amendments to the decree are positive, others require a critical look and still other elements are not sufficiently taken up in the reviewed of the bill.

The new amended Bill will focuses on the protection of migrant workers. For example, Indonesia will no  longer send migrant workers to countries oversees who didn’t sign a Memorandum of Understanding with the Indonesian Government. Also the sanctions by law for offenders will be strengthened. The possibility to combine jail-time and financial sanctions will make the sanctions more applicable in practice.

The reviewed bill also shifts the migrant workers’ social protection. Instead of a separate social security mechanism (private, for profit), migrant workers now have to join the universal, non-profit, State owned social protection body called BPJS. According to KSBSI and SBMI, as such this is a positive evolution. However, the new social protection body cannot cover all risks the former system covered (for example repatriation, sexual harassment, etc). Furthermore not all possible social protection schemes are being made compulsory for migrant workers.  KSBSI and SBMI state that all social protection schemes should be made compulsory for migrant workers. This means the government should not see migrant workers as informal workers. To cover the other risks, it might be more feasible to solve this problem in the short term by bringing the responsibility for very specific migration related risks (like repatriation) to the ministry of foreign affairs. Widening the possible schemes within the BPJS, might prove to be a much more challenging approach in the short term.

Unfortunately many questions remain on the actual implementation.  The role of government institutions increases, but who is going to monitor what will happen in the bureaucracy?  For example: how will it be guaranteed that migrant workers don’t have to pay for their recruitment themselves? So there should be an independent monitoring body that can not only mediate, but that can also sanction effectively.  KSBSI and SBMI also know that offences are happening right at the recruitment phase, even before migrant workers leave the country. So legal aid should be provided by the government even in the pre-process stage.

Another gap is the important phase of the recruitment and the placing of Migrant workers.  Unfortunately the bill doesn’t tackle this issue well. Another derivative regulations on placing will be needed.

2014-2016 impact: Illustration labour rights: migration

Labour migration largely occurs under temporary migration regimes and for less skilled work. Migrants often fill jobs unattractive to nationals, the infamous three Ds: Dirty, Dangerous and Demeaning. Examples of this are the Nepali and Indian migrants travelling to Gulf countries like Qatar to work as domestic or construction workers. Migrant workers make an enormous development contribution to the region’s economies – through skills, labour, services and competitiveness in countries of destination; and financial remittances, skills and knowledge upon return to their countries of origin. In destination countries many migrant workers fill labour market niches by doing jobs that nationals do not want or cannot fill. Yet many migrant workers in the region are subject to labour exploitation and abuse during recruitment and employment. Several of the WSM partners focus on organizing and defending labour migrants rights.

2014-2016 impact: Looking at the new Indonesian Social Security: interview with Rekson

In the past three years and thanks to continued pressure from the trade unions, Indonesia has set up a historical system of universal social security and health with a tripartite structure. We met with Rekson Silaban, Commissioner BPJS Ketenagakerjaan (Employment), one of the two elected board members on behalf of the trade unions to discuss the achievements and challenges of this system.

History
After independence, Indonesia had only a couple of limited specific schemes, only for formal and public sector. In 2004, Indonesia passed law n°40 for a social security institution, Jamsotek, which was trying to expand social security schemes to the private sector but which faced many challenges in its implementation, with limited payouts and where any profits went to the state. After three annual general strikes demanding social security, legislation n° 24 was passed in 2011, which organized social security related to work, BPJS Ketenagakerjaan.
BPJS Employment was established in January 2014 and is fully operational since July 2015 with 336 offices countrywide. Their philosophy is based on the independency philosophy and pride to settle socio-economic risks. Independency means no dependence on other people in financing healthcare treatment, senior age life, and family following a death. Pride means such security is obtained as a right instead of other people's act of sympathy. To accomplish optimal financing and benefits, the BPJS Ketenagakerjaan programme is conducted collectively, in which the younger generation assists the older generation, healthy people assist ill persons, and higher-income persons assist lower-income people. This system was newly non-for-profit, which for the first time doesn’t return profit to government but is being re-invested in the social security (in 2015, profit of almost 40 million€ or 624 billion IDR). By end 2015, 2.000 companies and 20 million workers were covered, out of Indonesian total workforce of 100 million people. In 2015, they have seen a 15% increase from 16,79 million to 19,27 million workers affiliated, which is still only one out of five workers.

WSM partners provide input on ILO Conference

A few weeks ago, WSM asked its partners to fill in a survey on labour migration in order to prepare common interventions during the International Labour Conference in Geneva, from 4th to 16th June 2017. There was a lot of response!

Thanks to these very valuable inputs, we have been able to deliver a common statement WSM- International Young Christian Workers on this theme on the first day of the committee, on 5th June, which was a great success! These inputs have also helped to feed WSM interventions during the debate of the following days. We had a collective strategy of lobbying with the Belgian Trade Union ACV-CSC and with representative of the continents which brought very valuable field experience to the debates:

• M Ramesh Bhadal (GEFONT) and Ganesh Niroula (NTUC) from Nepal;
• William Charpantier (FEI) from Dominican Republic;
• Samory Ould Beye (CLTM) from Mauritania.

 We were able to bring up some important points highlighted in the surveys, for example :

• The need to ratify Conventions 97 and 143 in order to protect the labour migrants better ;
• The importance to regulate recruitment agencies more strictly;
• The necessity to promote the « inclusive social dialogue » which means that social organizations of labour migrants should be able to dialogue with Trade Unions in order to enrich the official social dialogue structures with their concerns;
• The promotion of fair recruitment;
• To guarantee the access to social protection for everybody: labour migrants should benefit from the same rights as national workers;
• To promote national action plans to regularize undocumented labour migrants in order to allow them to benefit of their social and civic rights

In general, we can say that many of these demands have been included in the general conclusions of the debates. Those conclusions will give the International Labour Office (BIT) some milestones to work on for the following years. This document will also help all our organizations to lobby national governments in order to protect labour migrants better.

ILO 2016 Global Media Competition on “Breaking Stereotypes on Labour Migration”

ILO launches a global media competition to recognize exemplary media coverage on labour migration. The objective of the competition is to recognize exemplary media coverage on labour migration by encouraging professional journalists to produce written articles or videos/multimedia that while not overlooking the negative aspects (e.g. often a hard reality of exploitation and violation of human and labour rights), also show the positive results of good labour migration governance, and highlight the positive contribution of migrant workers to countries of origin, transit and destination.

© See-ming Lee 2016

This second global media competition “Breaking Stereotypes on Labour Migration” is organized by the International Labour Organization in collaboration with the International Trade Union Confederation, the International Organization of Employers, the Office of the High Commissioner for Human Rights, the International Federation of Journalists, Equal Times, Solidarity Center, Human Rights Watch, and Migrant Forum in Asia.

The competition starts on 14 September 2016 and closes on 31 October 2016. Professional journalists are invited to submit one piece of their work to one of the two following categories:

•     written articles (online or print articles)
•     videos/multimedia

The submitted entries should cover labour migration-related issues. Refugees and displaced persons, where they are employed as workers outside their own countries, are considered migrant workers. As such, submissions covering international migrant workers and refugees (participating in labour markets outside their own countries) will be accepted.

For more details, see here.

Avoiding death sentences for two Indian migrant workers in Qatar

C. Rajammal, wife of a migrant worker Chelladurai, urges the state
and central government to help them file
an appeal against the death sentence (Photo: DC)

Alagappa Subramaniam from Selathur Pudukottai district, and Chelladurai Perumal from Virudhunager District are two Tamil Indian migrant workers facing a death sentence  in Qatar, while Sivakumar Arasan from Salem District is facing a life sentence. These three illiterate migrant workers didn't receive any legal support to appeal against their sentence and NDWM findings indicate they were not given a chance to prove their innocence.

The Two Tamils were pronounced guilty on charges of murdering an elderly Qatari woman and were condemned to death by shooting. But then they were not given a chance to appeal against the sentence in a court where they don’t know the language or understand the judicial system. Since, the appeal court in Doha confirmed the death sentence of two; they just have till 31st of July left to appeal in Supreme court. Their fate came to light only when Adv. Suresh Kumar, Nagercoil visited these workers in Qatar to follow up the case and it has received a lot of media attention (links here, here, here, here, here and here).

NDWM kindly requests Chief Minister of Tamilnadu and the Union Government to support the families of the two Tamils who are poor and leading hand to mouth existence by providing legal assistance to the three Tamil men to appeal against the sentence. If timely legal assistance is not provided , then two lives of Tamils is lost by denying them the chance to counter the allegations of murder against them.  It is time the Government steps in to protect the rights of its citizens.

Due to the NDWM lobby with the Tamilnadu Government, they have announced they would release
9.5 lacks INR (around 12.700EUR) for the  legal assistance in Qatar for these victims.

SAARC delegates for collective bargaining on labour migration

The WSM partners from South Asia have been advocating a joint position on labour migration, also through SARTUC, to get a collective bargaining on labour migration. Some progress is being made, as the Nepali newspaper My Republica reported this today:
With the aim of raising collective issues pertaining to labor migration and forming a common labor law to protect the rights of migrant workers from the region, officials from the South Asian Association for Regional Cooperation (SAARC) have gathered in Kathmandu for the first time.

The government officials of the SAARC-member states and various stakeholders aim to set up a regional-level mechanism in order to assist in dealing with major labor migration issues.
Nepal had formulated a draft for setting up such mechanism after the 18th SAARC Summit that was held in Kathmandu. The member states of the SAARC during the summit had agreed to collaborate and cooperate for proper management of labor migration from South Asia.

New edition of W-Connect: positions, testimonies, practices on Labour Migration

Please click here to find the March 2016 edition of W-Connect, which is a first in two aspects. This newsletter has always had as a goal to share experiences between and from the WSM partners in Asia. 

For the first time, it centers around one topic: labour migration, which was prioritized as an important issue to advocate on by the WSM partners in Asia. This edition gathers political agendas, illustrations of where and when these are advocated for, as well as testimonies and practices.

It is also the first time the editorial oversight was given to two members from the Steering Committee, M Ganesh from Nepal and Miss Sulistri from Indonesia. This way of working will also be applied for the upcoming 2016 editions of W-Connect, with the next edition dedicated to decent living income and the last to access to health. Please enjoy reading our work and may it inspire and motivate you!

M Ganesh from Nepal and Miss Sulistri from Indonesia

Statistics on Labor Migration within the Asia-Pacific Region

Source: Red Cross Red Crescent Manila Conference on Labor Migration 2015 / Manila, Philippines / 12-13 May 2015

Press release: MIGRANT WORKERS’ LIVES MATTER!

A press conference was held today in Kathmandu, with a press release in English and Nepali (see below), where 18 people attended, among whom Nepali journalists and one French photographer. First, a documentary entitled Bruise of Qatar was shown, then Jeroen Roskams from WSM introduced the purpose of the press conference and the context of this programme. Next, Bismo from WSM and coordinator of this project, launched a collection of testimonies. Two Nepali migrants testified during the conference regarding their working conditions in Qatar. Next, Khila Nath Dahal, president of NTUC, spoke about the importance of organizing migrant workers and the role of trade unions. Then M Bishnu Lamsal, General secretary of GEFONT, explained the recommendations and demands towards the Qatari and Nepali government. Last, Tom Deleu from ACV-CSC-BIE spoke about the international solidarity. Journalists were then given the opportunity to ask questions.

Six labour organizations from India and Nepal, of which three national trade union centers (GEFONT, NTUC, CFTUI), their affiliated construction federations (CUPPEC, CAWUN) and one domestic workers’ movement (NDWM), are gathering in Kathmandu on 28 and 29 February to discuss how they can jointly support migrant workers who are working in Qatar. Through a program that is hosted by the Belgian NGO WSM and the Belgian federation of construction workers ACV-CSC BIE, we are putting together our efforts in a joint action plan for the next five years (2017 – 2021) to strengthen the initiatives we are already taking in support of Indian and Nepali migrant workers. During the meeting, we discussed the different options for concrete action on which we can work together, going from campaigning and pre-departure training to giving legal assistance and organizing the migrant workers in Qatar as well as in the sending countries.

Since 2014 already we have been collaborating in a pilot project to map out how migrant workers in Qatar are organizing themselves through local support groups and how they are communicating between themselves and with the trade unions in the sending countries. One of the project’s goals was also to get a view on the actors that are involved in the migration process from Nepal/India to Qatar (recruitment agencies/agents, multinational companies, contractors and subcontractors, embassies, local and national governments...). Just now, our collaboration has also resulted in a collection of testimonies, which we present to the world today.

Around 1.200 migrant workers have died in Qatar since it was awarded the World Cup in December 2010 and it is projected 7.000 more will die by the time the championship takes place in 2022.