A comprehensive analysis of policies and frameworks governing foreign employment for Nepali women migrant workers and migrant domestic workers. Exploring the migration policymaking process with a specific focus on bans and restrictions on foreign employme

One of the principal causes and risk factors for forced labour and trafficking, identified by past research led by the International Labour Organization (ILO)’s Work in Freedom (WiF) Programme, is restrictive and gender-insensitive migration policies. These include restrictions on movement in the form of bans and restrictions on the departure of women migrant workers and migrant domestic workers from origin countries to seek foreign employment.

In the ILO’s efforts to support the construction of regular migration pathways for women migrant workers and migrant domestic workers which respect their safety, dignity, wellbeing and human and labour rights and which allow them to enrich their own lives, the lives of their families and communities back home, the Work in Freedom Programme of ILO Country Office for Nepal commissioned this present review between February and June 2020 as a comprehensive analysis of legal and policy frameworks governing foreign employment for women migrant workers and migrant domestic workers. This review is an update of ILO’s previous study of migration bans, 'No Easy Exit: Migration Bans Affecting Women from Nepal' published in 2015, but fills an important research gap by focusing on the policy formulation phase itself. The findings identify and characterize the ways in which stakeholders (governmental and otherwise) formulate policy narratives, negotiate policies and regulations and invoke knowledge claims in order to justify regulatory and policy interventions related to women migrant workers, migrant domestic workers and associated thematic areas – including anti-trafficking frameworks, frameworks combatting forced labour, domestic work and more.

 

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Policy Brief on Practices and Regulations of Recruitment to Domestic Work

The policy brief highlights common recruitment practices and regulations observed along recruitment pathways to domestic work in India, Bangladesh, Nepal, Jordan and Lebanon.

The purpose of this policy brief is to respond to the rising interest in improving recruitment practices and regulations in order to reduce vulnerability to human trafficking and forced labour. In some cases, examples from other regions have been highlighted. Given the complexity of cross jurisdictional recruitment practices and regulation this brief presents common practices and regulations, pointing to where and how they can constitute better practices. The mapping and analysis are based on research and lessons learned from the ILO’s Work in Freedom Programme recruitment pilots within South Asia or from South Asia to the Middle East. There are two sections to this brief, first – describing common recruitment practices and regulations and second – giving examples of better recruitment practices and corresponding regulations.

 

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For a fee: The business of recruiting Bangladeshi women for domestic work in Jordan and Lebanon

This working paper aims to shed light on the business models of labour recruiters that facilitate the recruitment of women from South Asian countries into domestic work in the Middle East, with a particular focus on Bangladesh, Jordan and Lebanon.

Focusing primarily on Bangladesh, Jordan and Lebanon, the study draws on 126 interviews conducted with key stakeholders, to analyse the recruitment ‘business model’ utilised by private employment agencies specialising on the domestic work sector.

Globally, the international recruitment industry is composed of an increasingly complex web of actors. In order to profit, private employment agencies must devise competitive strategies to generate income greater than the costs of selecting, processing and mobilising people into jobs. Such business models are dynamic and responsive to changes in market demands and skills’ availability. 

The study also assesses the influence of national laws, policies and regulations on how private employment agencies conduct their business. By illuminating the factors that guide the actions of private employment agencies, the study aims to inform better policies and interventions to protect migrant domestic workers and eliminate abusive practices.

 

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