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Policies for Protection of Indian Migrant Workers in Middle East

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India’s Low-Skilled Migration to the Middle East

Abstract

The present chapter highlights the exploitation faced by low-skilled Indian migrants to the Middle East and attempts to enhance the understanding of evolution of the policies and measures undertaken by India for their protection. The chapter revisits a study done by the author on Indian migrant workers based on first-hand data collected in the host country Lebanon during the late 1990s, regarding poor living and working conditions of migrants and their exploitation. The study had brought out the need for the intervention by the government of sending countries to frame effective policies to protect the migrant workers from exploitation and inhuman treatment. Since then, the Indian government has undertaken several measures for protection of low-skilled migrant workers, especially in the Middle East. Drawing upon comprehensive literature review and anecdotal evidence, it has been observed that the exploitation of low-skilled migrant workers, including Indian workers, in the Middle East still continues. Thereafter, comprehensive look is taken at the efforts made to protect migrants’ rights at various levels, including the steps taken by India as a sending country. Detailed analysis is undertaken as to why exploitation continues in spite of extensive proactive measures taken by India to protect the migrant workers. It is found that several factors join together in continuing exploitation of migrant workers in the fiercely competitive labour markets in the Middle East. The chapter concludes with several suggestions, including adoption of pro-migrant policies by sending countries as well as destination countries in order to empower the migrants, to ensure that they do not fall prey to unscrupulous agents at home and are protected in host countries and to harness the migration for the benefit of both sending and destination countries.

Views expressed are personal and not of the organization, the author belongs to.

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Notes

  1. 1.

    The wages that migrants earn abroad can be many multiples of what they could earn doing similar jobs at home.

  2. 2.

    India continued to remain highest remittance receiver in 2018 and attracted about $78.6 billion in remittances (World Bank 2019), registering 14 per cent increase over the previous year. Remittances from the Gulf make up more than half of remittance flows to India, highlighting their significant contribution to Indian economy.

  3. 3.

    Gaur (2003), Gaur and Saxena (2004) and Gaur and Saxena (2010).

  4. 4.

    Including case studies, focus group discussions and first-hand examination of the working and living conditions of migrant workers in Lebanon.

  5. 5.

    Gaur and Saxena (2010).

  6. 6.

    In terms of cost of air ticket, visa, making of passport, contract, work permit etc.

  7. 7.

    Advised by the agent to go illegally on tourist visa, process of getting emigration clearance being costly and time-consuming.

  8. 8.

    Since it was relatively easier to get visitor’s visa to Syria.

  9. 9.

    Cabins made of tin partitions in temporary sheds (measuring 7 feet × 7 feet), each having generally six bunker beds in two vertical rows, devoid of ventilation, toilet, bath etc.

  10. 10.

    Law prohibited foreign labourers from changing their jobs from one employer to another.

  11. 11.

    Their passports were kept in the custody of the employer.

  12. 12.

    Chanda and Gupta (2018).

  13. 13.

    Sasikumar and Thimothy (2015).

  14. 14.

    More concentrated in Saudi Arabia and Kuwait.

  15. 15.

    Diop et al. (2018).

  16. 16.

    ADHB (2014), ICHRP (2010), HRW(2014).

  17. 17.

    Times of India (2013: February 13), The Guardian (2014: November 29), Gulf News (2016: March 25), The News Minute (2016: May 11), Mint (2016b: August 3).

  18. 18.

    Rajan et al. (2010) highlighted common problems with recruitment agencies in Kerala, such as non-transparency, visa trading, collecting service fees from both foreign employers and emigrants and collusion with subagents and state officials dealing with emigration.

  19. 19.

    Including hidden costs: visa fees, recruitment charges (much above officially sanctioned amounts), interviews (practical tests), medical test, insurance, emigration clearance and air fares, Wickramasekara (2011).

  20. 20.

    Majority does not see their employment contract and/or are unaware of its terms, and unknowingly may sign exploitative terms.

  21. 21.

    As specimen contract can satisfy emergence clearance requirement, actual contract is mostly not signed at all, or if it is signed, once workers reach destination, it may be changed with another one.

  22. 22.

    Centre for Development Studies, Thiruvananthapuram, India.

  23. 23.

    Dovelyn (2012).

  24. 24.

    For example, 350 Indian expatriate workers from three companies in Bahrain were not paid salaries for 4–6 months as per reply given by the Minister for External Affairs, India, to Lok Sabha Unstarred Question No. 3566 on 8 August 2018.

  25. 25.

    Employers may force workers to sign receipts for payments without actually paying, resulting in inability to seek redressal.

  26. 26.

    Including non-availability of vegetarian food to Indian workers, many being vegetarian.

  27. 27.

    About half of those complaints came from Qatar and Saudi Arabia. Ministry of External Affairs, Unstarred Question No. 617, answered on 20 July 2016 in Lok Sabha.

  28. 28.

    Kafala system requires employers to sponsor migrant workers for working in the country and restricts the workers from changing employer (Kafeel) without their consent; this delegates the responsibility of regulating presence and activities of foreigners on national territory to the employer, everywhere else a state prerogative.

  29. 29.

    Despite most countries prohibiting the withholding of passports, practice is “common”.

  30. 30.

    Leaving the country or switching sponsors or jobs was thus impossible without a “no-objection certificate” from the first sponsor. Whilst exit permit or no-objection letter to change employer is generally not required in Kuwait, Bahrain and the UAE, exit permits and non-objection letters remain the norm in Saudi Arabia, Qatar and Oman (Asia Pacific Migration Report 2015).

  31. 31.

    Diop et al. (2018: 38).

  32. 32.

    The Hindu (2012: August 12).

  33. 33.

    Washington Post (2016: August 1).

  34. 34.

    UN, ILO, IOM, Global Migration Group (GMG), Global Forum on Migration and Development (GFMD) and several NGOs.

  35. 35.

    https://sustainabledevelopment.un.org/post2015/transformingourworld, accessed on 30th April 1989.

  36. 36.

    https://www.unescap.org/blog/new-united-nations-global-framework-on-migration-is-good-news-for-the-asia-pacific, accessed on 30th April 1989.

  37. 37.

    Regional Consultative Process on Overseas Employment and Contractual Labour for Countries of Origin in Asia (11 labour-sending countries from Asia), with Sri Lanka as Chair since 2013.

  38. 38.

    Discussions between countries of origin and destination have led to practical outcomes, including research on recruitment processes and pilot cooperation projects on skills development, certification upgrading and recognition.

  39. 39.

    Emigration Act 1983 is the main act overseeing emigration of Indian nationals.

  40. 40.

    Migrants going to 18 Emigration Check Required countries (countries with relatively poor record of honouring workers’ rights) are required to obtain an “Emigration Clearance” from offices of Protectors of Emigrants (PoE). To ensure protection of potential migrants in destination countries, PoE verifies certain details such as salary, working terms and other conditions in the Employment Contract along with credentials of foreign employer.

  41. 41.

    Integrated with Passport Seva Project (PSP) to validate passports of registered ECR workers and integrated with Bureau of Immigration system to record departure and arrival of ECR category workers.

  42. 42.

    eMigrate is stated to be proving effective in generating record of people going out to work, what kind of jobs they are going to, where they are working and with whom they are working.

  43. 43.

    The Economic Times (2017: January 8).

  44. 44.

    Advertisements on TV channels, radio stations and digital cinema theatres in selected states in six languages.

  45. 45.

    Maximum sum insured under the Policy is Rs 10 lakhs.

  46. 46.

    OWRC, Delhi, is linked to the Migrant Resource Centers (MRCs) in Kochi, Hyderabad, Gurgaon and Chennai, with functions similar to that of OWRC.

  47. 47.

    Jordan, UAE, Qatar, Kuwait, Oman, Malaysia and Bahrain. An Agreement on Domestic Service Workers (DSWs) Recruitment signed with Saudi Arabia.

  48. 48.

    To protect the rights of nurses and female domestic workers.

  49. 49.

    Joint Working Groups under these agreements are a mechanism to review labour welfare issues.

  50. 50.

    Collaboration between Ministry of External Affairs (MEA) and Ministry of Skill Development & Entrepreneurship (MSDE).

  51. 51.

    For example, a high-level conference of major labour-sending states was convened on 10 January 2018, in New Delhi.

  52. 52.

    At Dubai, Sharjah (UAE), Riyadh and Jeddah (Kingdom of Saudi Arabia) and Kuala Lumpur (Malaysia).

  53. 53.

    Functional in Jeddah and Riyadh in Saudi Arabia, Sharjah, Dubai and Kuala Lumpur.

  54. 54.

    May include bearing legal fees, payment of fine, air fare for return to India.

  55. 55.

    Scheme has proved to be very useful in providing assistance to undocumented workers in the Kingdom of Saudi Arabia during Nitaqat drive in 2013 and Amnesty drive in 2017.

  56. 56.

    In Bahrain, Kuwait, Qatar, Saudi Arabia, UAE and Malaysia.

  57. 57.

    Such as in UAE.

  58. 58.

    For example, support to stranded Indian workers in Jeddah in August 2016.

  59. 59.

    Include return of 75,000 Indians from Saudi Arabia (March–November 2017) and 13,963 Indians from Kuwait (January–April 2018) since 2014. Based on the reply given by the Minister of External Affairs, on 9 August 2018, in response to Rajya Sabha Question No. 247.

  60. 60.

    During 2014–2017, 72,415 Indians caught in situations impacted by economic slowdown in the Gulf region and facing difficulty due to employment-related issues were brought back by the Indian government from the GCC countries.

  61. 61.

    NDTV (2016). Mission accomplished: Indian minister returns home contented, http://saudigazette.com.sa. (2016: August 7).

  62. 62.

    Hindustan Times (2016a: August 5), Hindustan Times (2016b: August 6).

  63. 63.

    ILO (2017b).

  64. 64.

    Minister of State for External Affairs V.K. Singh travelled to Saudi Arabia and held extensive talks with Saudi government to resolve the problems of around 7000 Indians.

  65. 65.

    Deccan Chronicle (2016: August 3).

  66. 66.

    Migration costs generally include cost of passport, visa, emigration clearance fees, airline tickets, mandatory medical exam and fees of recruitment agent and subagents.

  67. 67.

    Based on data collected in surveys of 29 important migration corridors including the Gulf, Abella (2018: 225).

  68. 68.

    For example, generally migrants pay 3–4 times of maximum fees allowed to recruitment agents (Breeding 2016).

  69. 69.

    In addition to supporting their families in India.

  70. 70.

    Gaur and Saxena (2010).

  71. 71.

    Dovelyn (2012).

  72. 72.

    Wickramasekara (2002), ILO (2008), Rajan et al. (2010), UNODC (2015).

  73. 73.

    Based on Survey of 29 countries, Abella (2018).

  74. 74.

    Parliament Standing Committee (2018).

  75. 75.

    As on 17 July 2019 on https://emigrate.gov.in

  76. 76.

    Major concentration of recruiting agents is at metropolitan cities such as Mumbai, Delhi, Chennai, However, they are found throughout Kerala, being a traditional migrant sending state.

  77. 77.

    Referred to as “illegal”, “undocumented” or “clandestine” migration.

  78. 78.

    It is mandatory for agencies recruiting Indian nationals for overseas employment to register under the Act.

  79. 79.

    pp. 30.

  80. 80.

    Presently, a pilot project has been initiated. Under it, four offices of MEA—Regional Passport Office (RPO), Protector of Emigrants (PoE) office, Branch Secretariat and Regional Office of ICCR—have been integrated at Videsh Bhavan in Mumbai.

  81. 81.

    pp. 32.

  82. 82.

    Gurucharan (2013).

  83. 83.

    Kristiansen and Sheikh (2014).

  84. 84.

    Gurucharan (2013).

  85. 85.

    ESCAP (2018).

  86. 86.

    Ministry of Overseas Indians Affairs Report (2014–2015).

  87. 87.

    Parliamentary Standing Committee (2017).

  88. 88.

    Gurucharan (2013).

  89. 89.

    Rajan et al. (2011: 168).

  90. 90.

    Parliamentary Standing Committee (2018).

  91. 91.

    As in Sri Lanka.

  92. 92.

    ILO (2016) study finds India’s referral wage for carpenters and masons is 40 per cent and 10 per cent higher than that set by Nepal and the Philippines.

  93. 93.

    The Hindu Business Line (2018).

  94. 94.

    Thimothy (2013).

  95. 95.

    Abella (2018: 239).

  96. 96.

    Such a system needs the full support of governments at both ends of the migration link.

  97. 97.

    For example, migrants should know that they can get passport on demand as per procedure subject to fulfilling eligibility conditions.

  98. 98.

    ILO (2017a).

  99. 99.

    Mint (2016a). Pravasi Kaushal Vikas Yojana (PKVY) launched in 2015.

  100. 100.

    ILO (2017b).

  101. 101.

    APMR (2015).

  102. 102.

    The Colombo Process shows the benefits of engaging in a cooperative forum among sending and receiving countries.

  103. 103.

    Although, recently, oil prices have risen to some extent, the Gulf economies have nevertheless suffered a major setback.

  104. 104.

    Shah (2018).

  105. 105.

    ILO (2017a).

  106. 106.

    Parliament Standing Committee (2018).

  107. 107.

    Asia Pacific Migration Report (2015).

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  1. Department of Rural Development, Ministry of Rural Development, Government of India, New Delhi, India

    Seema Gaur

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  1. Centre for Development Studies, Ulloor Medical College, Thiruvananthapuram, Kerala, India

    S. Irudaya Rajan

  2. Department of Population Studies, American University of Beirut, Beirut, Lebanon

    Prem Saxena

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Gaur, S. (2019). Policies for Protection of Indian Migrant Workers in Middle East. In: Rajan, S.I., Saxena, P. (eds) India’s Low-Skilled Migration to the Middle East. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-13-9224-5_6

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