The lack of effective regulation of visa brokers and rogue
recruiting agents makes Indian migrant workers vulnerable to serious
human rights abuses, said Amnesty International India today in a new
report focusing on migrants from the Indian state of Kerala working in
Saudi Arabia.
The report,
Exploited Dreams: Dispatches from Indian migrant workers in Saudi Arabia,
highlights cases of migrant workers from Kerala who were deceived about
their jobs, wages and working conditions by Indian visa brokers and
rogue recruiting agents. Many workers went on to face a range of abuses
in Saudi Arabia, which at their worst included forced labour.
“Migrant
workers send billions of dollars in remittances every year to India and
sustain thousands of families. Yet Indian authorities continue to let
them down when they are abused. It is time that migrant workers’ rights
get the protection they deserve,” said G. Ananthapadmanabhan, Chief
Executive, Amnesty International India.
“Recent events in Iraq
have been a harsh reminder of the risks that Indian migrant workers can
face in the countries they work in,” said Ananthapadmanabhan.
“This
report shows how the exploitation and deception of migrants can start
much earlier, before they even leave home, at the hands of visa brokers
and rogue recruiting agents.”
The report is based largely on
interviews with Indian government officials, recruiting agents and
migrants, many of whom returned to India after the enforcement of the
Saudi government’s ‘Nitaqat’ programme (which aimed to increase
employment of Saudi nationals in the private sector and clamp down on
irregular workers).
Amnesty International India interviewed
migrant workers deceived by visa brokers and recruiting agents, who
ended up working in Saudi Arabia in jobs different from the ones they
were promised. In some cases, they were not paid for several months or
at all.
Migrant workers reported working regularly for between 15
to 18 hours without a day off, and without being compensated for
overtime. Some were subjected to threats and beatings by their
employers, had their passports and residency permits confiscated and
were denied exit permits to return home.
Few sought any remedy
after they returned home, or were aware of their rights under law or
existing mechanisms for redress. Virtually nobody had attended any
training programmes before they left India.
“Migrant workers are
vulnerable because of individual acts of deception, but also because
policies and laws that regulate their recruitment are poorly designed
and implemented,” said Ananthapadmanabhan.
The Indian Emigration
Act governs the recruitment of Indian migrant workers, including by
mandating government certification for recruiting agents, and setting up
Protector of Emigrants offices to regulate them.
However,
Amnesty International India’s research found evidence of recruiting
agents violating emigration laws and policies, including by failing to
conduct due diligence to ensure that migrant workers are not deceived.
Further,
visa brokers, who are used by most potential migrants, are both
unregistered and unregulated, and function outside the law. Migrants’
reliance on brokers to facilitate the recruitment process often left
them vulnerable to deception, exploitation and indebtedness.
Authorities
like the Protector of Emigrants lacked the resources to effectively
regulate recruitment of migrant workers, and rogue recruiters were
rarely punished.
“Systemic violations need to be met with
systemic changes. The government must draft a new emigration law that is
consistent with international human rights standards and aligned with
progressive emigration management systems,” said Ananthapadmanabhan.
“Authorities
in Kerala and in the central government must better regulate recruiting
agents and brokers, expand pre-departure training programmes and
improve access to remedy.”
Recommendations to the government of India (see report for complete list)
- Consider alternate regulatory measures to recognise and regulate visa brokers including:
- Providing clear terms of reference by which visa brokers may be tied to recruiting agents.
- Informing brokers about their legal obligations and the rights of migrant workers.
- Issuing
short-term and individual licenses to visa brokers to conduct
recruitment in collaboration with recruiting agents and renewing
licenses based on their record.
- Emphasizing to recruiting agents
that the onus is on them to conduct due diligence on the prospective
work conditions promised by visa brokers tied to them.
- Enforce
greater regulation of recruiting agents by setting up a separate
department under the Protector of Emigrants to conduct timely and
surprise checks and reviews. Provide the department with the necessary
logistical and financial support and assistance to undertake their
duties.
- Improve access to remedy by setting up a separate
department with enforcement powers under the Protector of Emigrants to
investigate complaints of exploitation or other abuses by recruiters.
The department must provide access to legal aid, information,
translation services and other assistance where necessary.
- Expand
the outreach of the pre-departure orientation and support programmes
provided by the Government of India and the state of Kerala, including
through the Overseas Workers Resource Centre, the Non Resident Keralite
Affairs Department (NORKA) and the Migrants Resource Centre (MRC).
Recommendations to the government of Saudi Arabia
- Sign
and ratify without reservations the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights.
- Sign and ratify without reservations the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.
- Fundamentally reform the
kafala system and remove the requirement for migrant workers to obtain
the permission of their employer to move jobs or leave the country.
- Reform national labour laws to ensure that migrant workers have adequate protection against abuses by employers and the state.
http://www.amnesty.org/en/news/india-government-must-value-migrant-workers-more-billions-they-send-home-2014-07-04