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Official estimate indicates more than one crore Indian are working in different countries of the world. Indians are working in construction industry, I. T. industry, health profession, teaching profession transport industry, in different Engineering streams, domestic service, Hotel, as unskilled worker to professional workers, scientist, technologist, doctor, teachers and some other professions.

These migrants are facing lot of problems in the receiving countries. What are the problems they usually face in receiving countries.

National wage of the receiving countries for the particular industry or profession are not being paid to Indian Migrants in all most all receiving countries.

Existing Social Security Benefits of the receiving countries are not being extended to the Indian Migrants barring a few in all most all receiving countries.

Promised standard of accommodation to the Indian migrants are not being provided by the companies of the receiving countries. In case of workers in construction industry, they have to stay 8-12 persons in one room like Indian Railway tier system. For 15-25 construction workers one toilet & bath room alloted in work site.

Minimum Medical facilities not extended to the migrant workers.
Where migrants are allowed to take their family members, there education for the children of migrant employees & professionals also a big hurdle.

Unscrupulous activities of the placement Agencies of both receiving & sending countries increases day by day. In many cases of workers these Agencies kept the passport of the workers with them till the completion of the project for which they have been hired.

Women workers in different profession are being harassed in so many ways in receiving countries. In lower level job these women are being engaged first and then they were forced to move on to the body shopping business.

In most of the cases in receiving countries workers and employees and even in case of professionals are not being paid the amount they were assured to get as wage there.

Sometime these migrants are also facing problems to remit their hard earned money to India.

A large section of migrant workers & Employees have to work
more than 8 hours a day and for extra hours of work no extra payment is being made.

Migrant workers of construction industry are usually not allowed to return home even in case of death of their kith & kin.

Inspite of bipertite agreement between the migrants and the Recruiting companies of the receiving countries that to and fro airfare from India will be paid by the Recruiting companies of receiving countries, but not paid. On very flimsy ground thousands of Indian migrants have been put behind the bar of receiving countries. Nobody knows-- What are the reasons? What are their personal identification? When they will be released? Whether their family members know their earning members are in jail?

Who will take care of their legal battle in the receiving countries?

Migrants Workers are not allowed to form union in most of the receiving countires. Any workers protest demonstration, meeting, procession, Strike are banned. Now I like to raise some issues relating to the legal framework of immigration from India.
If you go through the provisions of The Emigration Act. 1983 you will find certain provisions which regulate the Indian Recruiting Agents in right direction. But in practice, the Recruiting Agents activities are not being monitered by the competent Govt. authority properly. As per section 17 of the Act— Recruiting Agents have to take license from the Competent Authority of GOI and that license have to renew every year.

This provisions of the Act is not being implemented properly.

As per provisions of this Act Emigration Clearance formalities are not being complied with. Many unscrupulous Recruiting Agents with unholy understanding with some officials get immigration clearance for workers & employees without proper verification and full satisfaction of the credential of the Recruiting Companies of receiving countries. The licence of Indian Recruiting Agents are also not properly checked and verified whether it is in order inconformity with the provisions of the Emmigration Act.

Due to this slackness of verification in Indian Immigration Dept. Indian migrants are facing a lot of problems in receiving countires.
Not only this, Indian High Commission/Embassy offices in different receiving countries are also not taking care of Indian migrants in those countries. Hence, on different occassions the Indian Migrants deprived of getting all legel help to get rid of the problems faced in those countries.
Indian High Commission/Embassy office can not shirk their legal responsibility of protecting the Indian Migrants in those countires.

Globalization And Migrant Labour

Debanjan Chakrabarti

For The Survival Of Capitalism, They Required Cheap Labour. The Employers Know Only Through Engagement Of Migrant Labour They Can Earn More Profit By Paying Less Wages And Without Any Social Security Facilities.
Hence, Migration Of Labour Is Not A New Phenomena In The Society. People Of Developing And Under Developed Countries Are In Search Of Jobs Within His Country But When He Did Not Got It Then They Opt For Jobs In Other Countries.
But In The Era Of Globalization The Inter Country Migration Has Started In A Big Way. India, Being Reservoir Of Both Highly Skilled, Semi-Skilled And Unskilled Workers Became The Major Contributor Of Migrant Workers.
Global Migration
Currently, Nearly 191 Million People Are Estimated To Be International Migrants, Including 115 Million Or 60% In Developed Countries And 76 Million Or 40% In Developing Countries, Making One In Every 35 Persons On Earth An International Migrant.
International Migrants And Global Population, 1965-2005


Year

International Migrants (Millions)

Global Population (Billions)

Migrants As Percentage Of Population

1965

75

3.3

2.3

1970

82

3.7

2.2

1975

85

4.1

2.1

1985

105

4.8

2.2

1990

154

5.3

2.9

1995

164

5.7

2.9

2000

175

6.1

2.9

2005

191

6.4

3.0

                          Source: UN, 2006a
Construction
Construction Is A Large, Labour-Intensive Industry. About 111 Million People Were Estimated To Be Employed In The Construction Sector In 1999.

29 Million In More Developed Countries And 82 Million In Less Developed Countries.
The Construction Industries Has A Long Tradition Of Employing Migrant Labour From Lower-Wage Economics. Migrant Labour Is Important In Gulf Countries, Where Countries Have Small Population And Large Construction Programmes Financed By Oil Revenues.
In Asia, Malaysia And Singapore Rely Heavily On Foreign Construction Work. Israel Has Replaced Palestinian Construction Workers With Workers From Other Countries, Including China, The Philippines, Romania And Thailand.
Many Of The Construction Workers In Moscow And Its Environs Come From The Caucasus And The Central Asian Republics.

International Labour Flows From India

The Imperial Needs For Labour Led To The Substantial Recruitment Of Migrant Workers From India In The Plantations Or Mines In Different British Colonies - For Guyana, Jamaica, Trinidad, Fiji, Mauritius, Malaysia, Singapore, South Africa, Ceylon (Now Srilanka), Burma (Now Myanmar), About 30.2 Million Indians Had Immigrated Between 1834 And 1937.

The Effect Of Such Long-Term Migration Pattern Is Visible In The Size And Diversity Of The Indian Diasporas In The Contemporary World. The Magnitude Of The Diasporic Indian Community Is Estimated About 25million Residing In Nearly 205 Countries. [See Table-2]

Major Flows Of International Labour From India Since 1990s Are As Follows :

First - Persons With Professional Expertise, Technical Qualifications And Skills Migrate To High Income Developed And Traditionally Migrant Receiving Countries Like USA, UK And Canada Either As Permanent Immigrants Or To Take Up Temporary Employment.

Second - Unskilled, Semiskilled And Professional Migrate As Contract Workers To The High-Income Countries In The Gulf. In Recent Years Such Flow Also Directed Towards The High Income Countries Of South East Asia Such As Malaysia.

Third - Professionals, Especially IT Professionals Migrate To The Newly Emerging Destinations Like Continental Europe (Germany, France, Belgium) Australia, New Zealand, Japan, Singapore.

Migration Of Semi-Skilled And Unskilled Labour
Migration Of Semiskilled And Unskilled Labour To Work As Contract Labour In Construction Industry Is The Most Dominant Form Of International Labour Flows From India.

Migration Management In India
Some Initiative Has Been Taken By Government Of India To Give Some Protection To Indian Immigrants-
1. A Separate Ministry Has Been Set Up - Namely "Ministry Of Overseas Indian Affairs" In May 2004 To Deal With All Matters Pertaining Overseas Indians Comprising Of-

  1. Persons Of India Origin (PIO)
  2. Non-Resident Indians (NRI)
  3. Overseas Citizens Of India (OCI)

Pravasi Bharatiya Divas (PBD)
PBD In Recognition And Appreciation Of The Constructive, Economic And Philanthropic Role Played By Indian Diaspora, On 9th January Ever Year. This Day Has Been Chosen Because On 09.01.1925 Mahatma Gandhi Returned To India From South Africa, On This Day In A Function Pravasi Bharatiya Samman Award Are Conferred To The Prominent Members Of The Indian Diaspora.

Overseas Citizenship Of India (OCI) Scheme
In Response To A Long And Persistent Demand For "Dual Citizenship Particularly From The Diaspora Of North American And Developed Countries, The GOI Introduced OCI Scheme In 2005 To Cover All Persons Of Indian Origin Where Local Laws Permit "Dual Citizenship" In Some Form Or Other Except Pakistan And Bangladesh.
Registered OCI Are Entitled To-
(I)   Multiple Entry Multipurpose Life Long Visa To Visit India.

(Ii)  Exemption From Reporting To The Police For Any Length Of Stay In India.

(Iii)     Parity With NRI In Financial Economic And Educational Field Except In The
Acquisition Of Agricultural Land Or Plantation Properties.

The Pravasi Bharatiya Bima Yojana 2006
This Is A New And Upgraded Version Of The Compulsory Insurance Scheme For The Migrant Workers Introduced In 2003.

The Salient Feature Of This Scheme –

(I)    In Case Of Death Besides The Cost Of Transporting The Dead Body, The Cost
Incurred On The One-Way Airfare For One Attendant Shall Be Reimbursed By The
Insurance Company;
(Ii)   If A Workers Is Not Received By The Employer On His/Her Arrival To The
Destination Abroad

Or
There Is Any Substantive Change In Employment Contract To His /Her Disadvantage Or
If The Employment Is Pre-Maturely Terminated Within The Period Of Employment For No Fault Of The Immigrant, The Insurance Company Shall Reimburse One Way Economy Class Airfare Provided The Grounds Of Repatriation Are Certified By The Concerned Indian Mission.
(Iii)  Rs. 50,000/- For Medical Treatment On Accidental Injury / Sickness / Ailments
/Diseases.
(Iv)  Rs. 25,000/- For Legal Expenses In Any Employment Related Litigation Started.

  1. Rs. 20,000/- Maternity Benefit In Case Of Women.

Abolition Of ECR Suspension
Since 01.10.2007 - "Immigration Check Required"- Has Been Withdrawn To Facilitate The Immigrant To Travel Smoothly.

Bilateral Agreement -  India With Other Countries

  1. MOU Signed Between GOI And Government Of United Arab Emirates On 13.02.2006
  2. MOU Signed Between GOI And The Kingdom Of Bahrain On 17.06.2009
  3. MOU Signed Between GOI And Kingdom Of Jordon On 22.10.1988
  4. MOU Signed Between GOI And Government Of The State Of Kuwait On 10.04.2007
  5. MOU Signed Between GOI And Government Of Malaysia On 03.01.2009

6. MOU Signed Between GOI And Ministry Of Man Power In The Sultanate Of OMAN On 08.11.2008.

  • MOU Signed Between GOI And The State Of QATAR On 11.04.1985
  • MOU Signed Between GOI And The Kingdom Of Belgium On 03.11.2006
  • MOU Signed Between GOI And Kingdom Of Denmark On 29.09.2009
  1. MOU Signed Between GOI And Government Of The French Republic On 03.09.2008
  2. MOU Signed Between GOI And The Federal Republic Of Germany On 08.10.2008
  3. MOU Signed Between GOI And The Grand Duchy Of Luxemburg On....
  4. MOU Signed Between GOI And The Kingdom Of The Netherlands On 22.10.2009.

Through These Bilateral Agreements The Migrant Workers In These Countries Will Get Some Legal Protection.

Number Of Indian Migrant Workers Are In Jail

In UAE, Saudi Arabia, Qatar, Oman, Kuwait, Bahrain, Malaysia, Jordon, Indonesia, Lebanon About 4000 Indian Workers Were In Jail.
After Our Federation Constant Pressure, The GOI Take Some Initiative To Help The Arrested Workers To Get Released From The Jail Of Different Countries. Now The Number Reduced To 2500.
The Unscrupulous Placement Agencies Are The Main Culprits Of These Bad Incidents. These Agencies To Be Black Listed - Our Federation Demanded Before The Government Of India.

The Volume Of Migrant Remittance To Developing Countries Has Greatly Increased In Recent Years - From
In 1990                              -                   US$ 60 Billion
In 2007                              -                US$ 285 Billion
In 2008                              -                US$ 328 Billion
!N 2009                              -                US$ 296 Billion (Dropped As A Result Of Global Economic Crisis)

Impact On The National Economy
Private transfer from Indian immigrants

Year Amount
1981-82 20.8
1982-83 24.3
1983-84 26.4
1984-85 29.8
1985-86 27.1
1986-87 29.9
1987-88 35.3
1988-89 38.6
1989-90 38.2
1890-91 37.1
1991-92 94.1
1992-93 81.2
1993-94 165.1
1994-95 254.1
1995-96 286.6
1996-97 438.6
1997-98 437.6
1998-99 434.9
1999-2000 532.8
2000-2001 587.5 [58,756 Crores of rupees]
2001-2002 578.2 [57,821 Crores of rupees]
2002-2003 716.4 [71,642 Crores of rupees]
2003-2004 867.6 [86,764 Crores of rupees]
2004-2005 668.6 [66,861 Crores of rupees]
2005-2006 525.6 [52,563 Crores of rupees]
2009-2010 53636 [ Million – US$]
2010-2011 55618 [ Million – US$]
2011-2012 66129[ Million – US$]

Source : Reserve Bank Of India
This Contribution Help Indian Economy To A Great Extent.

Top Ten Remittance Receiving Countries

 Country

Amount (US $ Billion)

Rank

India

27.0

1

China

25.7

2

Mexico

25.0

3

Philippines

17.0

4

France

12.5

5

Spain

8.9

6

Belgium

7.2

7

Germany

7.0

8

U.K.

7.0

9

Romania

6.8

10

Source : Migration And Remittances Fact Book (2008), World Bank
Social Security And Migrant Workers

Migrant Workers Must Have –
1. The Same Access To Coverage And Entitlement To Benefits As Native Workers,

2. Must Maintain Acquired Rights When Leaving The Destination Countries, Including Exporting The Benefits They Have Earned, And

  • Provide Benefit And From Accumulation Of Rights Acquired In Different Countries.
  • While No Exact Estimates Are Available, It Can Be Assumed That Only A Small Fraction Of The Estimated 105 Million Migrant Workers Across The World Are Likely To Enjoy Social Security Benefits.

Some Relevant Statistics Of Immigration Of Indian Workers From Different Angle To Get A Clear Picture.
Table - 1
Estimates Of Indian Immigration In Persian Gulf, 1975-2008


Country

1975

1983

1987

1991

2004

2008

Baharain

17250

30000

77000

100000

150000

2,30,000

Iraq

7500

50000

350000

-

-

-

Kuwait

32105

115000

100000

88000

400,000

5,50,000

Oman

38,500

10,000

184,000

220,000

450,000

6,00,000

Qatar

27,800

40,000

50,000

75,000

150,000

2,20,000

Saudi Arabia

34,500

270,000

380,000

600,000

1,500,000

1,600,000

UAE

107,500

250,000

225,000

400,000

1,000,000

1,200,000

Others

-

21,000

21,000

100,000

200,000

300,000

Total

265,155

876,000

1,071,000

1,497,000

3,850,000

4,700,000


Others’ Include Iran, Yemen, And Israel,
Source : P C Jain, “An Incipient Diaspora :Indians In The Gulf Region”, In Pcjain (Ed), Indian Diaspora In West Asia, Delhi : Manohar, 2007, P.181 And Annual Reports, Various Years, Ministry Of External Affairs, Government Of India.

Bilateral Migration Agreement Between The EU And Ceecs By Country And Type

Country

Seasonal

Projects

Guest

Trainee

Cross-B

Others

Total

Austria

0

0

1

2

2

0

5

France

2

0

1

6

0

0

9

Germany

8

13

13

3

1

7

45

Spain

2

0

2

2

0

0

6

Others

4

2

4

14

4

2

27

Total

16

15

21

27

1

9

92

Czech Rep.

1

1

1

4

1

1

9

Hungary

1

1

1

5

1

1

10

Poland

3

1

3

6

0

1

15

Slovak Rep.

1

1

1

4

0

1

8

Bulgaria

3

2

1

1

0

0

7

Romania

2

1

2

2

0

2

9

Turkey

0

1

6

1

1

0

8

Other

5

7

6

4

4

3

26

Total

16

15

21

27

4

9

92

Source : Compiled From OECD (2003)
EU : Easter Europe
Ceecs : Central And Easter European Countries
OECD : Organization For Economic Co-Operation And Development

HUMAN TRAFFICKING

It Is $32 Billion Global Industry That Smuggles Millions Of People – Most Of Them Women And Girl Across International Border Every Year. That’s How Big The Problems Of Illegal Human Trafficking Is. Recognized By UN As A Global Issue Today, Almost No Country Is Immune To It.
According To A 2006 United National Office On Drugs And Crime (UNODC) Report (Trafficking In Persons :Global Patterns), There Are 127 Countries Where Human Trafficking Originates  Along With 98 Transit Countries And 137 Destination Countries.
UNICEF Estimates That West And Central Africa Alone Account For About 2 Lakhs Children Trafficking Annually, While 2,50,000 Women And Children Come From South East Asia.

The ILO Estimates That 20% Of The Five Million Illegal Immigrants In Russia Are Victims Of Forced Labour.

The UK Is One Of The Favourite Destination Countries For Illegal Migration, Including From India Specially From Punjab.

UNDOC Suggests A Multilayered Attack On This Organized Cartel :

  1. Demolishing The Markets That Generate Profit For Traffickers.
  2. Address The Demand For Cheap Labour.
  3. Dealing With Poverty And Lack Of Opportunities That Create A Willing Pool Of Potential Victims, And Targeting Intermediaries’.
  4. Weak Laws And Poor International Cooperation Make Thing Easier For Traffickers.

 

NRI (Non-Residence Indians) In Various Countries, Figures Collected From The Various Missions Of Government Of India
Table - 2

S.L. NO.

Country

No. Of Nris
(Assumed *)

1. 
Afghanistan 3502
2.
Albania 20
3.
Algeria 447
4
Andorra 140 *
5.
Angola 6000
6.
Anguilla NA
7.
Antigua & Barbuda 20
8.
Argentina 300
9.
Armenia 445
10. 
Aruba 00
11. 
Australia 213710
12. 
Austria 12000
13. 
Azerbaijan 499
14. 
Bahamas            400
15. 
Bahrain 350000
16. 
Bangladesh 10000
17. 
Barbados 330

18.  Belarus 200
19  Belgium 7000
20.  Belize 1750
21.  Benin NA
22.  Bhutan 33010
23.  Bolivia 200
24.  Bonaire & Smaller Islands 00
25.  Bosnia And Herzegovina 30 *
26.  Botswana 9000
27.  Brazil 2000 *
28.  Brunei Darussalam 10000
29.  Bulgaria 270
30.  Burkina Faso 100
31.  Burundi 200
32.  Cambodia 1500
33.  Cameroon NA
34.  Canada 200000
35 . Cape Verde Islands 12
36.  Cayman Islands 850
37.  Central African Republic NA
38.  Chad NA
39.  Chile 350
40.  China 14950
41.   China (Hong Kong) 23000
42.  China (Taiwan) 2500
43.  Colombia 200
44.  Comoros 50
45.  Congo
(Dem.  Rep. Of)
3600
46.  Congo (Republic Of) N.A

47. Cook Island N.A
48.  Costa Rica 80
49. Cote d’Ivore 470
50.  Croatia 25
51.  Cuba 3
52.  Curacao 00
53.  Cyprus 3200
54.  Czech Republic 400
55.  Denmark 4889
56.  Djibouti 350
57.  Dominica (Commonwealth Of) 30
58.  Dominican Republic 3
59.  East Timor 70
60.  Ecuador 100
61.  Egypt 3450
62.  El Salvador 99
63.  Equatorial  Guinea 100
64.  Eritrea 00
65.  Estonia 200
66.  Ethiopia 992
67.  Fiji 800
68.  Finland 3500
69.  France 10000
70.  France (Reunion Island) 200
71. France (Guadeloupe, St. Martinique) 00
72. Gabon N.A.
73.  Gambia 329
74. Georgia 200
75.  Germany 42500

76.  Ghana 10000
77.  Greece 12000
78.  Grenada 100
79. Guatemala 50
80. Guinea (Republic Of) 550
81.  Guinea Bissau 31
82. Guyana 200
83. Haiti NA
84. Holy See NA
85. Honduras 99
86.  Hungary 30
87..  Iceland 101
88.  Indonesia 1050
89.  Iran 4000
90.  Iraq 8995
91.  Ireland 18018
92.  Israel 8000
93.  Italy 97719
94.  Ivory Coast 500
95.  Jamaica 3500
96. Japan 22500
97.  Jordan 6975
98.  Kazakhstan 2000
99. Kenya 37500
100. Kiribati 4
101. Korea (DPR) 17
102.  Korea (Republic Of) 7900
103.  Kuwait 579058
104.  Kyrgyzstan 2500

105. Lao, PDR 80
106.  Latvia 40 *
107.  Lebanon 10000 *
108.  Lesotho (Kingdom Of) 800
109.  Liberia 1500
110.  Libya 14995
111.  Liechtenstein (Principality Of) 03
113.  Lithuania 280
114.  Luxembourg 500
115.  Macedonia 10
116.  Madagascar 3000
117.  Malaysia 150000
118.  Malawi 1500
119.  Maldives 26000
120. Mali 200
121.  Malta 150
122.  Marshall Islands (Republic Of) 14
123.  Mauritania 30
124.  Mauritius 15000
125.  Mexico 1750
126.  Micronesia 03
127.  Moldova 15
128.  Mongolia 60
129.  Montserrat 10
130.  Morocco 300
131.  Mozambique 1500
132.  Myanmar 3160
133.  Namibia 140
134  Nauru 4
135. Nepal 112500
136.  Netherlands 20000
137.  Netherlands Antilles 00
138.  New Zealand 35000
140.  Nicaragua 99
141.  Niger 60
142.  Nigeria 00
143.  Norway 3865
144.  Oman 718000
145.  Pakistan NA
146.  Palau (Republic Of) 14
147.  Palestine (PLO) 80
148.  Panama 15000
149.  Papua New Guinea 00
150.  Paraguay 400
151.  Peru 400
152.  Philippines 47000
153.  Poland 1800
154.  Portugal 11272
155.  Qatar 500000
156.  Romania 878
157.  Russian Federation 14500
158. Rwanda 1000
159. Samoa 40
160.  San Marino N.A.
161.  Sao Tome And Principe (Republic Of) 04
162  Saudi Arabia 1789000
163. Senegal 412
164.  Serbia And Montenegro (State Of) 13

165. Seychelles 4000
166.  Sierra Leone 700
167.  Singapore 350000
168.  Slovak Republic 200
169.  Slovenia 34
170.  Soloman Islands 20
171.  South Africa 18000
172. Spain 15000
173.  Sri Lanka 1600
174.  St. Kitts And Nevis 300
175.  St. Lucia 250
176.  St. Maartin 00
177.  St. Vincent & The Grenadines 50
178.  Sudan 3500
179. Suriname 300
180.  Swaziland 200
181. Sweden 4000
182.  Switzerland 10785
183. Syria 635
184.  Tajikistan 362
183.  Tanzania 5300
184.  Thailand 90000
185.  Togo 500
186.  Tonga N.A.
187.  Trinidad & Tobago 1500
188.  Tunisia 199
189.  Turkey 200
190.  Turkmenistan 1650 *
191.  Turks & Caicos Islands 800
192. Tuvalu N.A.
193. Uganda 15000
194. Ukraine 3850
195. UAE 1750000 *
196. UK 1500000 *
197. USA 927283
198. Uruguay 90
199. Uzbekistan 200
200. Vanuatu 50
201. Venezuela 100 *
202. Vietnam 750
203 Yemen 11000
204 Zambia 12500
205 Zimbabwe 500

Source : Ministry Of Indian Overseas Affairs (Rajya Sabha), Unstarred Question No – 3304, Answered On 25.04.2013 By The Concern Minister.

Signature and ratification of international instruments on migration/migrants’rights,as at 30th July 2009


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