an-emigration-bill-that-does-not-go-far-enough

Context:

  • In early June 2021, the Ministry of External Affairs invited public inputs to the Emigration Bill 2021.
    • The Bill could be introduced in Parliament soon and presents a long overdue opportunity to reform the recruitment process for nationals seeking employment abroad.

Background

  • For years, independent investigations into migrant worker conditions have underlined serious exploitative practices which include large recruitment charges, contract substitution, deception, retention of passports, non-payment or underpayment of wages, poor living conditions, discrimination and other forms of ill-treatment. 
  • In recent months, media reports have highlighted how the majority of migrant worker deaths in the Arab Gulf States/West Asia are attributed to heart attacks and respiratory failures, whose causes are unexplained and poorly understood. 

More in News

  • Labour migration is governed by the Emigration Act, 1983 which sets up a mechanism for hiring through government-certified recruiting agents — individuals or public or private agencies. 
    • It outlines obligations for agents to conduct due diligence of prospective employers, sets up a cap on service fees, and establishes a government review of worker travel and employment documents (known as emigration clearances) to 18 countries mainly in West Asian states and South-East Asian countries.

About Emigration Bill 2021

  • It is an improvement over the 1983 Act.
  • It launches a new emigration policy division, establishes help desks and welfare committees, requires manpower agencies to conduct pre-departure briefings for migrants, and increases accountability of brokers and other intermediaries who are also involved in labour hiring.
  • It seeks to provide a regulatory mechanism to govern overseas employment of Indian nationals, and protect and promote the welfare of Indian emigrants.  
  • It defines emigrants as Indian citizens who seek to or have departed out of India for employment.
  • Authorities: The draft Bill seeks to create two authorities: (i) the Bureau of Emigration Policy and Planning (BEPP), and (ii) the Bureau of Emigration Administration (BEA).  
    • The functions of BEPP will consist of preparing policies on matters related to welfare of emigrants; negotiating labour and social security agreements with destination countries.   
    • The functions of BEA will consist of maintaining a database of Indian emigrants, and implementing measures and programmes for welfare of emigrants.   
  • Nodal committees in states and union territories (UTs): Their functions include initiating action to prosecute entities involved in trafficking of persons, and undertaking pre-departure orientation programmes and skill upgradation programmes for prospective emigrants.
  • Human resources agencies: These are agencies engaged in recruitment for an employer.  These agencies must be registered by a competent authority.  The certificate of registration will be valid for five years and may be cancelled on various grounds. Appeal against decisions of the competent authority with regard to registration of these agencies will lie with the central government
  • Accreditation of employers: Any employer who intends to recruit an emigrant must apply for accreditation with the competent authority.  Such accreditation will be valid for a period of five years.

Concerns

  • The 2021 Bill’s purpose “to consolidate and amend the law relating to emigration of citizens of India”, lacks a human rights framework aimed at securing the rights of migrants and their families. Progressive labour regimes do so. 
    • For example, in a country such as the Philippines, it explicitly recognises the contributions of Filipino workers and “the dignity and fundamental human rights and freedoms of the Filipino citizens”.
  • Another significant drawback is that the Bill permits manpower agencies to charge workers’ service fees, and even allows agents to set their own limits. 
    • International labour standards such as International Labour Organization (ILO) Private Employment Agencies Convention No. 181 and the ILO general principles and operational guidelines for fair recruitment recognises that it is employers, not workers who should bear recruitment payments including the costs of their visas, air travel, medical exams, and service charges to recruiters. 
    • Large-scale surveys by the ILO and the World Bank show that Indian workers pay exorbitant charges for their jobs and that poorer workers pay progressively larger fees — Indians in Saudi Arabia paid on average $1,507 in recruitment charges; their counterparts in Qatar paid $1,156 
  • To some, recruitment charges might appear like a justified service fee, but the tens of thousands of rupees that workers pay far exceed the real cost of recruitment. When low wage migrants pick up the tab it makes them vulnerable to indebtedness and exploitation.
  • The Bill’s most glaring inclusion is that it permits government authorities to punish workers by cancelling or suspending their passports and imposing fines up to ₹50,000 for violating any of the Bill’s provisions. 
    • When enforced, it can be used as a tool to crackdown on workers who migrate through unregistered brokers or via irregular arrangements such as on tourist visas. 
  • Criminalising the choices migrant workers make either because they are unaware of the law, under the influence of their recruiters, or simply desperate to find a decent job is deplorable, runs contradictory to the purpose of protecting migrants and their families, and violates international human rights standards. 
  • This Bill does not also adequately reflect the gender dimensions of labour migration where women have limited agency in recruitment compared to their counterparts and are more likely to be employed in marginalised and informal sectors and/or isolated occupations in which labour, physical, psychological, and sexual abuse are common. 
  • The Bill also provides limited space for worker representation or civil society engagement in the policy and welfare bodies that it sets up.

Way Forward

  • The Ministry of External Affairs must start at the top, and draft a clearer purpose which explicitly recognises the contributions of Indian workers, the unique challenges they face, and uphold the dignity and human rights of migrants and their families. 
    • Then it must address the specific provisions that diverge from this purpose.

Related Facts

International Labour Organization

  • Established in 1919 by the Treaty of Versailles as an affiliated agency of the League of Nations.
  • Became the first affiliated specialized agency of the United Nations in 1946.
  • Headquarters: Geneva, Switzerland
  • Founding Mission: social justice is essential to universal and lasting peace.
  • Promotes internationally recognized human and labour rights.
  • Received the Nobel Peace Prize in 1969.
    • For improving peace among classes
    • Pursuing decent work and justice for workers
    • Providing technical assistance to other developing nations
  • The organization has played a key role in
    • Ensuring labour rights during the Great Depression
    • Decolonization process
    • The creation of Solidarność ( trade union) in Poland
    • The victory over apartheid in South Africa
  • Today it is providing substantial support in the building of an ethical and productive framework for fair globalization.
  • International Labour Standards
    • The ILO sets international labour standards with conventions, which are ratified by member states. These are non-binding.
    • Conventions are drawn up with input from governments, workers’ and employers’ groups at the ILO and are adopted by the International Labour Conference.
    • In ratifying an ILO convention, a member state accepts it as a legally binding instrument. Many countries use conventions as a tool to bring national laws in line with international standards.

Source:https://www.thehindu.com/opinion/op-ed/an-emigration-bill-that-does-not-go-far-enough/article35549345.ece