Report of the South Asian labor migration and maritime migrants conference,Kathmandu,Nepal,21-23 May 2022 1,2

Migrations across the Bay of Bengal

This session highlighted the precarities faced by Rohingya refugees and Bangladeshi migrants in the Bay of Bengal region through the lens of “statelessness” and “securitization.”

The vulnerability of Rohingyas as stateless people is evident in their attempts to traverse dangerous maritime routes across the Bay of Bengal to Malaysia and Thailand. Their “statelessness” is intricately connected with the “sea” as the Rohingyas use maritime routes to escape persecution in Myanmar, and when escaping deprivation anew in the inhospitable Bangladeshi refugee camps. Sucharita Sengupta (Graduate Institute of International and Development Studies) discussed the statelessness of refugees and the resulting vulnerabilities that arise in their attempt to find new avenues of livelihood. The sea route offers Rohingyas living as refugees in Bangladesh to reach Malaysia in their search for livelihood. They opt for dangerous sea routes over land routes which require showing (often fake) documents to the authorities. Migrating through land routes is also more expensive. With the increased inflow of Rohingya refugees into Bangladesh, the government finds new ways of resettling refugees to newer, but vulnerable (flood-prone) places like Bhasan Char. The transfer of refugees to Bhasan Char illustrates the concept of refugee “warehousing,” a situation where refugees are kept in a situation of restricted mobility for an indefinite period.

The Bay of Bengal region has become overly securitized as a result of governmental responses to deal with migratory movements. Military-led campaigns to deter migrants from entering national borders have aggravated the precarity of “smuggled” boat migrants. Niloy Ranjan Biswas (University of Dhaka) underscored that the Bay of Bengal had become “three times deadlier” than the Mediterranean owing to the unprecedented, dangerous movements of Rohingya refugees and Bangladeshis migrants through the sea routes. Refugees and migrants not only face exploitation from smugglers, but they also increasingly find themselves in confrontation with security agencies. This has led to their (unlawful) detention, isolation and mistreatment. Despite the risks and dangers, migratory flows have not abated. Professor Biswas underlined the need for efforts to de-securitize the region, and for the humane treatment of refugees and migrants. In view of the increasing strategic importance of the Bay of Bengal region and the subsequent collusion of national and strategic interests, addressing the issues of refugees and migrants in a de-securitized manner poses daunting challenges.

Insights from maritime migration in the Mediterranean

Sandro Mezzadra (University of Bologna) focused on maritime migration across the Mediterranean. The intensification of migration in the Mediterranean has led to a shift in the understanding of this body of water. The increasing number of deaths of migrants has given rise to the term “Black Mediterranean.” The Mediterranean is currently understood as the southern frontier of the EU, and the roots of this conceptualization can be traced to the 1990s. The policing of the Mediterranean Sea has become a European concern rather than a concern of a particular country. Migration intensified in the region in the 1990s from the east and there were attempts to stop migrants at the sea. The case of the Mediterranean shows that the maritime border is an elusive concept, yet countries in the European Union(EU) have found ways of shared management of the Mediterranean, which is linked. This is linked to the externalization of the EU frontier and the EU’s pursuit of a policy of externalization.

Migrations to and from Indonesia

This session focused on the vulnerabilities faced by refugees and migrant workers in Indonesia. The first discussion focused on the migration paradox shown by Indonesia. The second discussion explored the crucial role played by migration in substituting and supporting agricultural activities in Java.

Robertus Robet (University of Indonesia) talked about the migration paradox faced by Indonesia. The country not only receives an influx of refugees but also sends migrant workers abroad. In short, Indonesia both receives and sends aliens, i.e., “aliens in” and “aliens out,” respectively. Those moving to seek refuge perceive Indonesia as a safe place. But the Indonesian government has problems in handling refugees. The country has not signed the Refugee Convention, and migrants are prone to human rights violations. The government perceives itself as an intermediary caretaker and views its role as a matter of transferring the responsibility of asylum seekers to international organizations. At the same time, as a country of origin of Indonesians who work abroad, many face vulnerabilities, particularly women in domestic work.

The refugees who come to Indonesia and the Indonesians who migrate to work abroad both experience being treated as the “other.” According to Robet, xenophobia fosters an environment that is hostile to refugees in Indonesia and contributes to the vulnerabilities of Indonesian migrant workers in destination countries. Treating refugees and migrants as the “other” erodes humanitarianism and pushes refugees and migrant workers to further vulnerabilities, a situation that has to change.

People from agriculturally productive sectors in Indonesia have taken to migration as a livelihood strategy due to the impact of ecological and climate change related vulnerabilities on farming. Indramayu (in Java), one of Indonesia’s largest rice producing regions, has become one of the largest migrant-sending regions in the country today. In his presentation, Rhino Ariefiansyah (University of Indonesia) noted that during the COVID-19 pandemic, the number of Indonesian migrant workers decreased, but the number of migrant workers from Indramayu remained higher than in other regions. He underscored the need to integrate migration and agricultural policies. Remittances sent by migrant workers are used to support agricultural activities in many parts of Indonesia such as Indramayu.

Labor migration from South Asia

The session focused on the labor migration of low skilled workers from South Asian countries of India, Bangladesh and Nepal, most of whom migrate to the Gulf Cooperation Countries (GCC).

The presentation of Syeda Rozana Rashid (University of Dhaka) shed light on the Government of Bangladesh, the private sector and civil society organisations as major actors in labor migration. Supply and demand factors will affect the sustainability of the Bangladesh-GCC migration. Labor migration will have continued importance for Bangladesh not only because of the contributions of remittances to the economy, but also as a strategy to address domestic unemployment.

Padma Prasad Khatiwada (Tribhuvan University) traced labor migration in Nepal to the Lahure culture, the recruitment of Nepalis to serve in the British Army in British India. Labor migration re-emerged in the latter part of 1990 with the migration of workers towards the GCC. There has been a paradigm shift from the traditionally economically motivated migration to migration during the armed conflict and in the post-conflict context. Khatiwada pointed out that countries with a large youth population, such as Nepal, will experience high unemployment, a situation that renders young people susceptible to joining rebels. Labor migration was stagnant until 1996, the start of the armed conflict, and grew steadily till 2006 when the peace accord was signed as many took the decision to migrate to escape from potential threat, for livelihood options and also to experience a new country.

The panelists discussed the various challenges of migrants in India, Bangladesh and Nepal. In Bangladesh, migrant workers are paying high costs to migrate to the GCC. Despite “zero recruitment costs” for women, due to lack of access to information, among others, migrants end up paying for other migration related costs. The panelists also emphasized the lack of data on migrant workers including returnee migrant workers. S. Irudaya Rajan (International Institute for Migration and Development) noted that one key objective of the GCM is the collection and utilization of accurate and disaggregated data for evidence-based policies. However, quality data on how many have migrated or returned to India are not available, a situation he described as akin to “living in darkness.” S. R. Rashid also remarked about the need for a comprehensive data system on the reintegration and remigration of Bangladeshi migrant workers.

Migrant workers also face many protection challenges in the destination countries including discriminatory labor laws, precarious working conditions, wage theft, abuse and exploitation and gender-related issues. These problems were exacerbated during the COVID-19 pandemic. The loss of jobs during the pandemic led to reintegration and rehabilitation challenges for returnee migrants. According to S.I. Rajan, the pandemic led to the “distressed” return of Indian migrants. Many migrants not only returned home empty handed, but they were also saddled by unpaid loans which they incurred to finance their migration.

During the discussion, it was noted that the government-to-government agreement between Malaysia and Bangladesh, which was expected to solve the problem of high migration costs, proved to be ineffective because of corruption, the influence of recruitment agencies as well as the changing immigration policies in Malaysia. Also, the discussion highlighted that the Gulf countries do not have specific laws for migrants. Issues concerning migrants are dealt with based on their domestic laws which tend to favor the employers. Furthermore, it was noted that unless the government shows interest, the collection of good quality data on migration will not be possible.

The vulnerabilities of migrant workers in Nepal

This session discussed the vulnerabilities of both male and female Nepali migrant workers. Some key challenges highlighted include inadequate access to justice for migrant workers at home and in destination countries, wage theft, abuse and exploitation, especially in the case of female migrant workers, and restrictive migration policies.

Access to justice for Nepali migrant workers at home and in destination countries is a key challenge for the migrant sector in Nepal. Shom Luitel (People Forum for Human Rights) discussed many obstacles for accessing justice by migrant workers. These include centralized justice mechanism, the lengthy process, lack of proper implementation of legal provisions, insufficient resources and training of law enforcement agencies, corruption, gaps in the referral system, socio-political, economic and gender related obstacles, challenges in destination countries, fear and other factors affect migrant workers’ access to justice.

Nepal’s restrictive migration policy for women migrant workers is pushing them to take illegal trajectories to migrate, thereby rendering them more vulnerable. Neetu Pokharel (Alliance for Social Dialogue) pointed out that such policies have been justified in the name of protecting women migrants from exploitation and trafficking. She emphasized that Nepal has not included a women’s lens in the formulation of migration related policies. Despite its commitment to promote the protection of women migrants in national, regional and international forums and agreements, the state has failed to do so.

On the reintegration front, the focus is mostly on economic reintegration and empowerment. It is important that different dimensions of remigration, such as social reintegration, should be considered when formulating plans and policies. She called for interventions addressing the imbalance in gender roles and power dynamics to effectively reduce the vulnerabilities women migrants face.

The pandemic has exacerbated the vulnerabilities of migrant workers, including Nepali workers, as indicated by rising cases of contract violation, joblessness, wage theft, unhealthy working and living conditions, arbitrary termination, forced labor and deportation, Kul Prasad Karki (Pravasi Nepali Coordination Committee) stressed that female workers, especially those in the GCC countries, face extreme abuse and exploitation in the workplace. Domestic workers are forced to work for longer hours; they are also likely to use irregular pathways to migrate.

Sujit Saxena (Nepal Institute of Peace) highlighted another important aspect of migration in Nepal— the cross-border migration to India. The open border, cultural similarities, ancestral practices, familiarity with the language, and easy movement have influenced Nepalis’ migration to India for work. Nepali cross-border migrants in India face the same issues as migrants in the GCC countries, such as lack of social security measures, limited information about healthcare facilities, poor living conditions, discrimination and stigma, inability to accumulate savings due to low income, lack of employment contract and fear of job loss, among others. There is a lack of clear policy for cross border migrant workers. There is a need for comprehensive policies and data recording system to monitor the situation of Nepali migrants in India.

During the discussion, the consensus was that access to justice for migrant workers was a myth. However, there has been some accomplishment in Nepal in this regard as some services such as filing for compensation have been decentralized. The discriminatory ban on the migration of women resulted in many using the visit visa to migrant. Women with no formal education and those without access to information are more likely to use the visit visa to migrate, which had made them more vulnerable. Until and unless women are economically empowered, they will continue to fall prey to trafficking and face vulnerabilities.

Policies and practices promoting the rights of migrant workers

This session highlighted the existing legal instruments and discussed the gaps and challenges in the policies and practices in promoting the rights migrant workers. Neha Chaudhary (from International Labor Organisation in Nepal) discussed the need for and the realization of a rights-based approach to labor migration governance. The government of Nepal has put in place various instruments for the protection of migrant workers. The government has also pursued bilateral labor arrangements and memorandum of cooperation with destination countries. At the multilateral level, there are international instruments, ILO conventions, the SDGs and GCM that call for human rights and gender responsive migration governance. Rajan Shrestha (Foreign Employment Board) shared the Government of Nepal’s welfare initiatives which include death and injury related compensation, repatriation and relief for stranded workers and repatriation of human remains, scholarship support, free skills training for aspirants and returnees, insurance coverage, legal assistance and others.

However, there are gaps in the implementation of existing legal instruments and the key legislations are more procedural than rights based. Also, recruitment and employment processes for migrant workers are rife with violations of human and labor rights and there is limited access to justice. Similarly, provisions for women migrant workers are discriminatory despite Foreign Employment Act having non-discrimination clauses, due to which women migrant workers take informal routes and hence cannot access any legal services and welfare schemes. Additionally, there is lack of harmonisation and coherence with related laws and Nepal has not ratified some key international labor standards (ILS). Kamal Thapa Chhetri from National Human Rights Commission (NHRC) in Nepal highlighted the major human rights concerns of migrant workers such as access to justice, rescue and immediate assistance, return and repatriation, immigration detention, violence, exploitation and torture, left-behind women and children, right to health (access to health service, occupational health and safety), right to information and communication and right to life, among others.

Concerning the way forward, Rajan Shrestha proposed that post-arrival orientation be made mandatory in the countries of destination. More efforts to ensure the social security of migrant workers during their period of employment in countries of destination and joint programs between origin and destination countries promoting skills development and skills upgrading would be good areas for cooperation.

During the discussion, the role of local governments in migration governance was emphasized. Local governments are contexts which can provide support to prospective migrants during the migration decision-making phase. They can also play a more active role in data collection, data recording, monitoring of recruitment process at the local level, and decentralizing access to justice and access to information. Providing training programs for local government officials on the roles of local government in providing support migrant workers is important.

Revisiting the Global Compact on Migration

This session provided an overview of the implementation of the Global Compact for Migration (GCM) in Nepal from the perspective of civil society organizations. According to Som Niroula (Alliance for Social Dialogue in Nepal), no specific efforts have been made at the national level to implement the GCM and there is lack of coordination and cooperation between the government agencies and civil society organizations. Jeevan Baniya (Social Science Baha) stated that the COVID-19 pandemic has further highlighted the gaps and challenges in international and bilateral instruments and institutions. Regional discussion and intergovernmental negotiations are not substantive and meaningful. He emphasized the need to ensure more such discussion while adhering to the whole-of-government and whole-of-society approaches as envisioned in the GCM.

The enforcement of fair and ethical recruitment is weak. Private recruitment agencies (PRA) continue to charge Nepali migrant workers exorbitant recruitment fees despite the implementation of policies to curb the high recruitment cost such as the “free visa free ticket” policy. ³ Local reintegration remains a key challenge — there is no database on returnee migrant workers and existing employment schemes such as the Prime Minister Employment Programme (PMEP) ⁴ have failed to reach the poor, marginalized and vulnerable migrant workers. Furthermore, the panelists highlighted other gaps and challenges in implementation of the GCM such as issues of wage theft, portability of social security, lack of access to justice of migrant workers, violence and exploitation, the need for a transnational justice system and effective implementation of labor agreements with countries of destination. Baniya mentioned that migrant workers lack access to ethical workers’ agencies which became more striking during the COVID-19 pandemic.

During the discussion it was noted that addressing the issues of migrant workers can be effective if services for migration and reintegration is decentralized. However, due to the structure of the migration process, a different structure of governance might be needed.

Pros and cons of digitization

The session focused on the digitization and migration from two perspectives: (a) collection of digitized data on migrant workers and refugees, and (b) the use of digital tools by migrant workers, refugees and asylum seekers. Ranabir Samaddar (Calcutta Research Group) discussed migration data as a critical component of migration management and migration governance. The collection, analysis and use data on the effects and benefits of migration of is one of 23 GCM goals. He noted that lack of data or lack of digitized management of data has contributed to “less productive strategies of government” is something that human rights communities need to question. Collecting information in the context of the securitization of migration is a concern for human rights organizations. The United Nations High Commissioner for Refugees, International Labour Organization and International Organization for Migration have been talking about the need for a migration observatory to systematically collect and increase access to migration-related data. Big data can be an important source of information, providing that it is supported by the necessary infrastructure. More importantly, investments in migration information do not lose sight of contributing to the protection of migrants’ rights.

According to Sandro Mezzadra, migrants' use of digital tools is important and should be considered in discussions and research. There is also widespread experience of migrants’ use of digital platforms to consolidate community ties and to inform individual migratory process. The notion of the digital diaspora was introduced 10 years ago in migration study. Skype changed the way in which the migrants negotiate proximity and distance. It is also important to study digitalization of border and migration control from the point of view of the migrant agency and the multiple ways in which migrants are able to challenge the digitalization of border and migration control. An important aspect of nexus between digitization and the migrant world that should be taken into consideration is digital labor or platform labor, i.e., labor connected to the operation of digital platforms. In most cases these platform laborers are mostly migrant workers.