Labour Migration in Asia: Protection of Migrant Workers, Support Services and Enhancing Development Benefits

This is the second volume of Labour Migration in Asia. The first volume (2003) looked at trends, challenges and policy responses in countries of origin. This volume describes and makes an assessment of specific initiatives in selected countries of origin to (1)protect migrant workers through the regulation of recruitment and setting of minimum standards in employment contracts, (2)provide support services to migrant workers through pre-departure orientation and a welfare fund and (3)enhance the development benefits of labour migration through training, skills development and remittances.

The articles are written by labour migration specialists and practitioners from the countries concerned and have been commissioned by IOM, the Department for International Development (UK) and the Asian Development Bank.

An Exploratory Study on Labour Recruitment and Migrant Worker Protection Mechanisms in West Africa: The Case of Côte d'Ivoire, the Gambia, Ghana, Nigeria and Senegal

The topics of ethical recruitment, defined as the recruitment of workers in a lawful, fair and transparent manner that respects their dignity and human rights, and labour migration, defined as the movement of persons from one State to another, or within their own country of residence, for the purpose of employment, go hand in hand. While labour migration can serve as a significant opportunity, it can also constitute a risk for those who partake in it. A risk may present itself if labour migration is undertaken as an end result of unethical recruitment practices, which may include practices that are non-transparent and fail to respect the dignity as well as human rights of workers. In such circumstances, workers may be at risk of exploitation during both the recruitment process and employment. Consistent adherence to ethical recruitment practices by all parties implicated in the recruitment process (including private recruitment agencies, employers and jobseekers) therefore significantly contributes to the reduction of these risks.

In West Africa, this correlation is particularly relevant as young West African migrants attracted by false promises of employment, high wages and decent working and living conditions are increasingly subjected to exploitative recruitment processes. Through this study, IOM seeks to shed light on this situation by assessing current recruitment practices and migrant worker protection mechanisms in place in the following case study countries: Côte d’Ivoire, the Gambia, Ghana, Nigeria and Senegal. This study explores and critically examines the existing evidence base on key aspects of the topic to inform potential policy and programmatic responses designed to enhance labour migration impacts for current and potential migrant workers located in as well as originating from West Africa. This publication entails both a desk-based review of the current published evidence base as well as insights derived from interviews with national stakeholders from the five case study countries.

This research publication was made possible through support provided by the Migration Resource Allocation Committee (MIRAC).

IOM-MPI Issue in Brief No. 4 - Regulating Private Recruitment in the Asia-Middle East Labour Migration Corridor

The Middle East represents one of the most sought-after and competitive labour markets in the world, with an estimated 10 million contract workers in the Gulf states alone – 70 per cent of whom are Asian. 

The vast majority of this temporary labour movement is brokered by recruitment agencies; and with the supply of labour overwhelmingly outweighing demand, oversight of recruitment practices is extremely difficult. Migrant workers are willing to pay a stiff premium to work in the Middle East, even in the face of onerous placement fees and less-than-ideal work and living conditions once at destination. 

In Regulating Private Recruitment in the Asia? Middle East Labour Migration Corridor, author Dovelyn Rannveig Agunias examines how sometimes unscrupulous recruitment agencies take advantage of the migrants they purport to serve, by charging excessive placement fees and offering expensive pre-departure loans. 

The issue brief, the fourth in a series launched by the Migration Policy Institute (MPI) and the International Organization for Migration’s Regional Office for Asia and the Pacific, discusses the policy options that could be implemented to curb abuses by increasing government intervention in recruitment operations. 

Available policy levers for regulating recruitment practices are many and should aim to achieve the following overarching goals: (1) reduce the number of recruitment agencies to an optimal level to prevent cut-throat competition, (2) bring subagents and brokers into the formal sector, (3) regulate transactions among recruiters and between recruiters and employers and (4) harmonize regulations governing recruitment agencies at origin and destination. 

The issue brief suggests that governments at both origin and destination should become involved by introducing parallel measures (such as provision of equal treatment and basic rights) that empower labour migrants and give them the needed negotiating leverage in an otherwise unequal employment relationship. 

The IOM-MPI issue briefs, a monthly joint-publication offering succinct insights on migration issues affecting the Asia-Pacific region today, are available at IOM Online Bookstore and Migration Policy Institute.

Labour Migration Process Mapping Guide: Understanding and Assessing Human and Labour Rights Risks to Migrant Workers During Recruitment, Employment and Return

The Labour Migration Process Mapping Guide aims to help business enterprises identify, mitigate, and address human and labour rights risks faced by migrant workers in global supply chains. It provides step-by-step instructions on how to retrace the steps that migrant workers take from their communities of origin to their workplaces in destinations, and determine the effectiveness of existing recruitment management systems to prevent and address forced labour risks.

Designed primarily for business enterprises with complex international supply chains where migrant workers are present, the Guide builds on the United Nations Guiding Principles on Business and Human Rights (UNGP) and relevant international human rights, labour standards and frameworks on responsible business conduct.

Notably, the Guide was a collaborative effort developed in consultation with governments, civil society, migrant workers and the private sector, as well as by the collection of good practices by employers, multinational enterprises and labour recruiters.

Three supporting tools, which include effective interview techniques and key considerations to ensure migrant worker safety and well-being, are also attached in the Guide. They are:

• Migrant Worker Interview Tool
• Employer Management Interview Tool
• Labour Recruiter Management Interview Tool

Fair and Ethical Recruitment Due Diligence Toolkit by IOM

The International Organization for Migration (IOM) Fair and Ethical Recruitment Due Diligence Toolkit was developed to support business enterprises in fulfilling their responsibility to respect human rights in the context of international recruitment. It provides practical tools that enterprises can use to conduct comprehensive due diligence in line with the UN Guiding Principles on Business and Human Rights (UNGPs), the OECD Due Diligence Guidance for Responsible Business Practice, and IOM’s Migrant Worker Guidelines (MWGs). It can be used by enterprises to develop or strengthen due diligence processes in directly recruiting and managing business relationships with labour recruiters and private employment agencies that place migrant workers.

The tools within the Toolkit contain detailed guidelines and practical recommendations on how the due diligence processes described in the UNGPs and MWGs can be operationalized. The tools include interactive features that will direct users to the next due diligence process or the corresponding actions that are recommended for them to take. Enterprises may directly use or edit the tools to adapt to the unique nature of their operations and business relationships.

Tools to operationalize fair and ethical recruitment due diligence:

1. 1. Embedding fair and ethical recruitment principles into policies and management systems
    
2. 2. Identifying and assessing adverse human and labour rights impacts on migrant workers

• Risk Assessment Tool
• Self-assessment Checklist

 

1. 3. Preventing and mitigating adverse human and labour rights impacts on migrant workers

• Corrective Action Plan Template (linked to the Self-assessment Checklist)
• Training Management Tool
• Pre-departure Orientation Checklist
• Post-arrival Orientation Template

 

1. 4. Tracking implementation and results

• Worker Interview Tool
• Fair and Ethical Recruitment Due Diligence Monitoring Tool

 

1. 5. Communicating how adverse impacts are addressed
    
2. 6. Providing access to remedy

• Grievance and Remediation Management Tool
• Grievance and Remediation Monitoring Tool

Access the full Toolkit here.

For questions, please email iom.dd.support@iom.int.

ITUC Policy Brief: a new social contract for migrant workers

Decent Work deficits, xenophobia, racism and discrimination, conflicts, insufficient mitigation and adaptation to Climate Change mean many people have no choice but to accept substandard employment or undignified working conditions.

A New Social Contract is more urgent than ever to create more inclusive societies and economies, where migrants and their families can work and live with dignity. Workers call for a rights-based governance of migration that is designed, implemented and monitored through social dialogue and with international labour standards – such as freedom of association and collective bargaining rights – at the forefront.

Lessons Learned Part 3: Policy and programme responses to unfree labour in destination countries for migrant women workers

This document describes the lessons learned by the Work in Freedom programme on policy and programme responses to unfree labour in destination countries for migrant women workers. This compilation was preceded by an earlier edition of Lessons Learned in October 2021 on recruitment of migrant workers, and another one in April 2021, on outreach to migrant women in areas of origin. It documents the lessons learned by the Work in Freedom Programme regarding policy and programme responses to unfree labour in destination countries for migrant women workers.

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.

Conceptualizing the role of intermediaries in formalizing domestic work

Domestic workers have long provided a range of services for families from cleaning and cooking to caring for children, the elderly and disabled, to driving household members and tending gardens. Despite the crucial services they provide, in many countries, domestic work is characterised by a high incidence of informal arrangements and contributes significantly to informality especially among women. The level of organization of the domestic work sector varies dramatically from country to country. In some countries, domestic workers are hired informally, by word of mouth, through social networks. In other countries, intermediaries – such as agencies, digital platforms, coops and others – play a role in recruiting, placing, and employing domestic workers. As the role of these intermediaries increases, questions arise about the impact intermediaries have on formalizing domestic work and providing decent work for domestic workers.

Fair recruitment in El Salvador, Guatemala, Honduras and Mexico: Assessing progress and addressing gaps

Analysis of progress and gaps in the regulatory framework, policies and enforcement on fair recruitment in the region and in each country, with recommendations to address regional and national challenges.

The document also compiles cases, good practices and recent efforts in various sectors and regions at local and international level by governments, employers' organisations and workers' organisations.