Position Paper
Committee: International Organization for Migration
Agenda: Addressing the Current Scenario of Global Labour Migration and Violation of
Rights with Special Emphasis on Kafala System
Portfolio: The Republic of India
Name: Neil Sethia
The dispute concerning global labour migration and breach of labour rights is showcased
heavily in the Kafala system. We need to make more progress in this regard because of the
destructive impacts that it brings to the lives of migrant workers. The Kafala system, which is
common in most Middle East Nations, binds the worker to the employer and the worker may
face all sorts of brutalities, exploitation, and lack of rights. India is determined to push for the
safeguarding of migrant workers’ rights and to bring about improvements in their condition
all of the world.
In the past, India lacked the resources to ensure proper rights and safety of migrants travelling
across migratory routes. However, times have changed, and now India has become a staunch
supporter of the migrant workers. India has been working towards this change since 1979, by
implementing Inter-State Migrant Workers Act which regulates employment conditions for
migrant workers. India has also put up a strict policy for the recruiting agents and puts a
check on their procedures to protect the rights of migrant workers in an act termed as the
1983 Emigration Act. India further strengthens its stance on the agenda, by setting up Pravasi
Bharatiya Sahayata Kendras, to provide a range of services including legal aid, complaint
redressal, and welfare measures for Indian migrant workers. India has set up more than 200
PBSKs around the world, with a significant amount of them in the Gulf Countries. India is
also a part of many agreements with international partners including the EU Common
Agenda on Migration and Mobility (CAMM 2016) that centres around collaboration upon
labour migration and mobility and protection of migrant workers’ rights. India has also been a
part of the Abu Dhabi Dialogue from the start, and has ensured its maximum participation to
advocate for the rights of migrant workers. India has also worked upon eMigrate Online that
aims to enhance the welfare of overseas workers by standardizing the process of migration,
through employer registrations, online applications as well as a 24/7 helpline. Furthermore, to
enhance the condition of workers in India, India has also launched the eSHRAM portal which
creates a national database for unorganized and migrant workers to give them benefits of
different social security schemes existing in India. Over 29.20 crore unorganized workers
have been registered on the eSHRAM portal, and are utilizing its benefits. India has also
established the Indian Community Welfare Fund, which supports Indian nationals in
emergencies. Over ₹37 crore has been spent from the ICWF to benefit more than 28,000
Overseas Indians so far. India has further taken a step forward by analysing and mapping the
skills of migrants, which has then led to region specific initiatives like Andhra Pradesh
Migrants' Welfare and Development Policy which provides support and assistance to
migrants from Andhra Pradesh and thereby addresses their concerns effectively. Recently, the
Draft Emigration Bill of 2021 has also been discussed and debated upon to tackle the
exploitative practices faced by Indian migrant workers such as the retention of passports, and
underpayment of wages.
The republic of India shall no longer allow the violation of the rights of migrant workers and
thereby proposes the following initiatives, that are aimed to positively impact the life of the
workers:
1. Suggesting setting up of an independent supervising body
Setting up of a neutral and independent supervisory body which will be in charge
of labour laws observations and protection of migrant workers. Constitutional
rights should be followed in all operations related to migrant workers including
recruiting and employment periods. This body will be independent and won't be
subjected to the veto power of anyone else. Complaint methods will also be made
simple and reachable to all and there should be regular inspections after which
violators should be punished. Stakeholders such as civilians, governments and the
migrant workers themselves need to be active players in the decision-making
processes so that their condition can be improved. It will be based on three pillars
—transparency, accountability, and frequent reporting.
2. Suggesting Establishment of Migrant Resource Centres and Migrant Worker
Unions
Establishment of migrant resource centres and migrant worker unions are a must
all around to promote migrants by providing essential services, legal aid, and a
collective voice to advocate for their rights, ensuring accountability and access to
support in all kinds of challenges and workplace issues.
3. Community Support Networks
Create safe spaces for migrant workers to connect with each other which will allow
them to access support services, encouraging a community of individuals who will
be learn from previous experiences of others.
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