IOM-MPI Issue in Brief No. 1 - Labour Migration from Colombo Process Countries: Good practices, challenges and ways forward

International migration has occurred throughout history and regions of the world. Human mobility to, from and within Asia, however, has certain distinctive features, and Asia represents arguably the most dynamic region, with significant intra- and extra-regional migration and some countries being simultaneously origins of and destinations for migrants. 

The Migration Policy Institute (MPI) and the International Organization for Migration (IOM) Regional Office for Asia and the Pacific today launched an issue briefs series focusing in particular on labour migration in the region. The eight-part series also will examine diaspora engagement in Asia and climate-induced migration.

The first issue brief, Labour Migration from the Colombo Process Countries, examines labour migration from the 11 Colombo Process countries (Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Viet Nam). In 2010, an estimated 4.2 million workers migrated from these countries through official channels, many leaving on a temporary basis to work in the Middle East. 

The Philippines sent the largest number (nearly 1.5 million), followed by India (641,000) and Indonesia (576,000). Overall, an estimated 44.7 million migrants from the region are living outside their country of origin. 

Since 2005, the Colombo Process countries have taken concrete, proactive steps to manage the migration flows and protect their citizens working abroad, strengthening their legislative and administrative frameworks addressing recruitment regulation and welfare protection, as well as signing new accords with key destination countries. Despite the progress, however, the brief details a number of remaining challenges and highlights 10 possible areas of focus for governments.

“Governments in Colombo Process countries face a formidable task: creating efficient and equitable migration systems that benefit labour migrants and their families while contributing to long-term economic growth and development in countries of origin and destination,” said Andy Bruce, IOM regional director for Asia and the Pacific.

In June, IOM and MPI will publish the second issue brief, this one focusing on migrant health issues in the Asia-Pacific region. Subsequent briefs will be published every month through December, and will be available at IOM Online Bookstore and Migration Policy Institute.

Lessons Learned Part 1: Outreach to migrant women in areas of origin

This document describes the lessons learned by the Work in Freedom programme on outreach to migrant women in areas where they migrate from. This compilation was preceded by an earlier edition of Lessons Learned in October 2017, followed by another one in February 2019. The findings are important to inform Governments, donors and civil society groups on their policies regarding the protection of migrant women, safe migration, pre-departure training and orientation and more.

Promising practices for fair recruitment

Establishment of the National Union of Malagasy Domestic Workers (SENAMAMA) 

Code of Conduct for Ethiopian Overseas Private Employment Agencies 

Recruitment of health workers through bilateral labour agreements (BLAs): Kenya and the United Kingdom 

Madagascar alignment of labour code to newly ratified conventions 

Regulation of Private Recruitment Agencies in Uganda 

Law amendment concerning management of migrant workers in Thailand 

Revision of the Law on Contract-Based Overseas Workers 

Italian National Action Plan to tackle labour exploitation, unlawful recruitment and forced labour in agriculture 

Nepal – Bilateral labour agreements include provisions related to fair recruitment  

Bangladesh – Government capacity enhanced to promote fair recruitment in bilateral negotiations and arrangements 

Tunisia – Formation of a new body of inspectors for the recruitment industry  

India – Blacklisting employers and recruiters abroad to protect Indian migrant workers  

Piloting fair recruitment from Bangladesh to Qatar in the construction sector  

Fair recruitment pilot between Nepal and Jordan in the garment sector  

Mexico - Fair recruitment practice by recruitment agency adapted to COVID-19  

Code of Conduct on the fair recruitment of Filipino migrant domestic workers in Hong Kong (China)  

Code of Conduct in international supply chains by Responsible Business Alliance 

Commitment to fair recruitment and due diligence in the sugar and palm oil industry of Guatemala   (English) Guatemala – Compromiso con la contratación equitativa y la debida diligencia en el sector guatemalteco del azúcar y el aceite de palma (Español)

Zero recruitment fee policy for (migrant) workers in Jordan 

Guatemala – Outreach through trade unions including attention to COVID-19 (English) Guatemala – Difusión a través de los sindicatos, incluida la atención a la COVID-19 (Español)

Raising Pakistani migrant worker’s awareness of their right to fair recruitment

Policy brief on policies related to migrants and unemployment in times of crisis

The purpose of this policy brief is to explain influence of misperceptions during times of economic crisis, on public discourse on migration and employment and recommend laws, policies and practices to overcome these misperceptions.

During times of economic crisis, public discourse on migration and employment tends to be influenced by several misperceptions. This is a list of the 10 most common misperceptions. This list highlights facts, recommended laws, policies and practices, drawing on the ILO’s Work in Freedom Programme. It was presented at the Kafala Reform Workshop on 11 March 2020 at Beirut, Lebanon by Mr Igor Bosc, CTA, Work in freedom Programme to the Minister of Labour and participants.

Worker Centres from a Fundamental Principles and Rights at Work Lens

The purpose of this paper is to explain how a worker centre can also perform functions that support fundamental principles and rights at work. The paper draws on the experience of the ILO’s Work in Freedom programme in supporting worker centres in South and West Asia.

Worker centres are meant for all types of workers, however they tend to cater primarily to the needs of informal workers and migrant workers and tend to exist and be located in areas where fundamental principles and rights at work, such as non-discrimination, freedom of association and collective bargaining as enshrined in International Labour Organization (ILO) Conventions No. 111, No. 87 and No. 98, are a distant reality for both informal workers and migrant workers.

This paper draws on the experience of the ILO’s Work in Freedom programme in supporting worker centres in South and West Asia. It was presented at the ILO Anniversary Conference “Continuing the Struggle: The International Labour Organization Centenary and the Future of Global Worker Rights” held on 21–22 November 2019 in Washington, DC at a panel titled “Protecting Migrants and Refugees Working in Global Supply Chains: New Directions for the ILO.

Lessons Learned Part 2: Recruitment

This document describes the lessons learned by the Work in Freedom programme on recruitment of migrant workers. This compilation was preceded by an earlier edition of Lessons Learned in October 2017, followed by another one in February 2019. This new edition focuses particularly on recruitment of migrant workers. It lists and describes the nature of both conventional and non-conventional interventions and reviews some of the assumptions behind the rationale for these interventions.

This document describes the lessons learned by the Work in Freedom programme. The programme found that conventional interventions to improve migrant worker recruitment outcomes tend to focus on training and certification on fair and ethical recruitment, penalising informal labour recruiters and testing of good practices. These lessons highlight some of the limitations of such approaches. They show how the scale of supply and demand for jobs affects recruitment, how the segmentation of labour-recruitment services affects recruitment outcomes, and how the discourse against informal labour recruiters can undermine access to jobs themselves.

Understanding patterns of structural discrimination against migrant and other workers in some countries of South and West Asia

This background paper reviews the literature that sheds light on the structural patterns of discrimination against migrant workers in some countries of South and West Asia. It also articulates recommendations that would help officials in UN agencies, international organizations, constituents and other civil society individuals and groups, while referring to the existing evidence of structural discrimination to support the application of international labour standards.

While references to international non-discrimination standards do occasionally surface in public discourses, this paper reviews evidence that discrimination in the world of work is not only characterized by socially deviant cases of discriminatory abuse, as reported in the media, but is rather intrinsic to the way various market economies and political systems are structured. This is manifested by indicators of privilege for some and indicators of deprivation for those at the bottom of the social and political hierarchies, including the interaction between both.

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.

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.

Facilitating Journeys: The role of intermediaries in labour migration process from Nepal

What happens after the decision to migrate for work has been made? What steps do prospective migrants take, where do they obtain information and what services do they seek? This infographic is based on qualitative research amongst migrant workers that examines the wide range of intermediaries that workers encounter in their migration journey.

As part of its Integrated Programme on Fair recruitment (FAIR), a global programme supported by the Swiss Development Cooperation, the ILO in Nepal commissioned a study amongst prospective and returning migrant workers to document their experience and in particular their interaction with various intermediaries that are involved in the migration process. Qualitative data was collected through in-depth interviews with 32 men and 9 women migrant workers, originating from 5 provinces, that were either abroad or had recently returned to Nepal.

This infographic illustrates the collection of narratives from migrant workers and builds a picture of their experiences after deciding to migrate. Who do workers interact with as they prepare their journeys? Where do they gather information? How do they prepare for interviews and who supports the processing of job applications and contracts? How are visas obtained, and where do workers receive orientation and training? What costs do these various services amount to? Furthermore, what network of intermediation and support do workers connect with one they have reached their destination? And, finally, who do workers turn to settle outstanding issues upon return to Nepal?