How we can protect migrant workers
Oct. 25, 2022

Context

  • The article expresses concerns regarding the recently acknowledged deaths of migrant workers by Qatar from across the world since the country was awarded the World Cup in 2010.
  • However Qatar has been silent on the issue of compensation and whether the cause of these deaths would be analysed.

Background

  • Inception of migration: During the 1970s, with the oil boom in the Gulf and with growing money, the countries started investing heavily in infrastructure and development work. The door to job opportunities opened with this development in the region.
    • An inflow of migrant workers from countries like India, Pakistan, and Bangladesh started especially semi-skilled and unskilled labourers. Thus there is a five-decade history of migration to the Gulf region.

Migration related statistics

  • UN Survey: According to the Population Division of the UN Department of Economic and Social Affairs report titled International Migration 2020 Highlights, India tops the list for having the largest diaspora population in the world.
    • Six countries in the Gulf alone, i.e. Saudi Arabia, United Arab Emirates, Qatar, Bahrain, Oman and Kuwait account for close to 50 per cent of Indian migrants.
  • MEA data: According to the Ministry of External Affairs (MEA), there are over 13.4 million Non-Resident Indians worldwide.
    • Of them, 64% live in the GCC countries, the highest being in the UAE followed by Saudi Arabia and Kuwait.

Overview of labour deaths in Gulf region

  • Mortality data: According to an article published in The Guardian, over 10,000 migrant workers from south and Southeast Asia die annually in the Gulf countries.
  • Recent deaths: As per The Guardian reports published about 6,500 migrant workers from South Asia have died in Qatar in the last 10 years, mainly after the commencement of construction projects in 2010 for the upcoming World Cup.
    • The highest death count was of Indians (2,711 workers), followed by migrants from Nepal, Bangladesh, Pakistan and Sri Lanka.
    • With over 35 lakh, the UAE has the highest Indian expat community, recorded at least five deaths every day between 2017- 2021. The number of deaths spiked from 2454 in 2020 to 2714 in 2021.

Prevailing discrimination in Gulf

  • Lack social security: Gulf Cooperation Council (GCC) countries have been accused of not providing healthcare services, employment and social protection for workers during Covid-19.
  • Wage theft: The Return Migration Survey conducted among 2,000 Vande Bharat returnees to Kerala revealed that among 47 per cent who lost their jobs, 39 per cent have reported non-payment of wages and reduction in wages.
  • Labour rights violations: More recently, the media offered wide coverage of labour rights violations at three events, the Dubai Expo, the construction of stadiums for the Qatar world cup and the Covid pandemic. e.g. contract violations and intimidation of workers etc.
  • Lack of healthy workplace: The testimonials from returning migrants underline the deaths that take place due to the lack of occupational safety and health measures.
    • According to a study published in the International Journal of Community Medicine and Public Health in 2018, the common cause of their death is cardiac arrest, heart-related problems, road traffic accidents, fall from height, drowning, suicide, stroke and infectious diseases.
    • Also, long hours of manual labour in high temperatures could lead to heat stress and eventually organ damage.
  • Kafala system: The policymakers have been concerned about the ills of the infamous “Kafala” or sponsorship system in the Gulf that enables employers to wield significant power over the lives of migrant workers.
    • About Kafala system : Under the system, a migrant worker’s immigration status is legally bound to an individual employer or sponsor (‘kafeel’) during the contract period.

Steps taken for labour welfare

  • Abu Dhabi Dialogue (ADD): It was established in 2008 as a forum for dialogue and cooperation between Asian countries of labour origin and destination to discuss the management of temporary contractual labour mobility in Asia.
    • The forum is keen on developing information orientation programmes for workers, promoting technology platforms, and reforms in domestic workers’ laws.
  • First International Migration Review Forum (IMRF): The International Migration Review Forum shall take place every four years beginning in 2022.
    • It will serve as the primary intergovernmental global platform to review the progress made at the local, national, regional and global levels in implementing the Global Compact for Safe, Orderly and Regular Migration (GCM).
    • GCM is the first-ever UN agreement on a common approach to managing international migration.
    • The GCM covers all aspects of migration (“360-degree” approach) with an array of possible actions, drawn from best practice that States may choose to utilise to implement their national migration policies.
  • Labour reform by GCC countries : Due to the massive reporting of labour rights violations and criticism of the Kafala system, GCC countries are trying to reform labour laws which is mostly to project the region as migrant-labour friendly.
    • However, the changes should be seen as a positive sign on the road to abolishing Kafala and other anti-labour laws.

Efforts taken by India

  • Government portal : The e-portal named “Madad” has enabled migrant workers from the country to file their grievances. According to the Ministry of External Affairs website, about 95 per cent of the registered grievances were resolved.
  • Earlier legislation: The Emigration Act, 1983 provides the regulatory framework for emigration of Indian workers for contractual overseas employment and seeks to safeguard their interests and ensure their welfare.

India’s limitations

  • Crises induced actions: Till now, India’s efforts for migrant welfare are often limited to “repatriation exercises” during the crisis.
  • Delayed legislation: The lethargy in tabling the draft Emigration Bill of 2021 (indicates the approach towards migrant workers, especially low-skilled workers).
    • Emigration bill 2021: It envisages comprehensive emigration management, institutes regulatory mechanisms governing overseas employment of Indian nationals and establishes a framework for the protection and promotion of the welfare of emigrants.
  • Little MoU impact: The existing MoUs with GCC countries on domestic workers’ recruitment and prevention of irregular recruitment have had very little impact for Indian labour welfare.

Way forward

  • Need for joint effort: The bottlenecks in the countries of destination and origin imply a need for a joint effort to address the issues of migrants rather than playing a blame game during situations like the pandemic and migrant deaths.
  • India as role model: As a key player in the South Asia-GCC migration corridor, India should serve as a role model for South Asia.
  • Regional alliance: India should play a leading role in building regional alliances in the South Asia-GCC corridor.
    • A joint effort of all stakeholders including government, trade unions, recruitment agents and civil society can bring notable changes. It can help to a large extent to stop the exploitation of low-skilled migrant workers.