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.

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?

Analysis Report of Recruitment Reviews from Nepali migrant workers

This report explores recruitment practices of recruitment agencies based on the reviews from 1,593 reviewers provided to Recruitment Advisor.

The study found that:

- Sub-agents and middlemen continue to play an important role in facilitating the migration of Nepalis in foreign employment.

- Migrant workers are paying high recruitment and other related fees.

- Majority of migrant workers took pre-departure training.

- Migrant workers continue to be deceived about their job, salary, and benefits. 

- Passports of the workers were withheld by the employer. 

- Migrant workers were deprived of freedom of association and right to return. 

- Most migrant workers less informed about recruitment agency and employer.

The report also proposes ways forward regarding the identified problems.

Media-friendly glossary on migration

The use of the right terminology is key for quality reporting, to avoid stigmatization and positively influence the debate on migration.

• Available in Arabic, English, French, French (Madagascar), Nepali (English), Spanish and Vietnamese (English and Vietnamese).
• Adapted to the national context in Indonesia (Bahasa), Madagascar (French), Nepal (English), Thailand (Thai), and Vietnam (English  and Vietnamese).

The Migrant Recruitment Industry, Profitability and unethical business practices in Nepal, Paraguay and Kenya

This publication documents the process of foreign recruitment in case-study migration corridors across different regions. The result of the research brings to the fore the abuse of migrant workers by recruiters and seeks to contribute to broadening the choices workers have to find decent work at home and abroad.

Recruitment Monitoring & Migrant Welfare Assistance: What Works?

As numbers of temporary labour migrants have rapidly increased over the past four decades, facilitating international migration has become a highly profitable and multi-faceted business. Human rights defenders, civil society organisations, journalists and academics have consistently exposed exploitation of migrants which occurs during recruitment processes. Abuses include high recruitment fees that lead to debt bondage, the processing of fake employment and immigration documents, confiscation of identity documents, and emotional and physical violence, or even trafficking for forced labour. On arriving in many destination countries migrants are left unprotected and vulnerable to more exploitation.

This study, conducted by an international research team between January and April 2014, reviews existing recruitment monitoring mechanisms and migrants’ access to rights and welfare assistance across Colombo Process Member States (Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Viet Nam), and key destination states (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, UAE and Yemen).  With analysis presented thematically, the report concludes with a series of recommendations for Colombo Process governments.