Labour Migration in South Asia: A Review of Issues, Policies and Practices

Abstract

This paper presents a detailed review of international labour migration trends, issues and challenges and policies in South Asia based on an analysis of recent trends. It first provides a broad sketch of migration profiles in major South Asian countries: Bangladesh, India, Nepal, Pakistan and Sri Lanka, There are some distinctive characteristics of migration from these countries: high concentration of flows to the Gulf and Middle East countries; largely temporary migration flows; predominance of semi-skilled and low-skilled workers in flows; informal and irregular status of part of the migration flows; and prevalence of trafficking in human beings and smuggling of persons. The paper next goes on to discuss the major challenges faced by the countries in terms of governance of migration, protection of migrant workers and maximizing development benefits of migration. The governance challenges relate to high ,migration costs, rampant recruitment malpractices, inadequate institutional and regulatory framework for administration of labour migration, lack of transparent policies and limited cooperation between origin and destination countries. On the protection side, the major issues are: high level of abuse and exploitation of migrant workers and violation of their basic rights in destination countries, extreme vulnerability of female domestic migrant workers, and migrant workers in irregular status and trafficked persons, and lack of access to justice and redress mechanisms. The development challenges arise from lack of recognition of development benefits of migration in national policy frameworks, high costs of remittance transfer, absence of productive avenues for remittance utilization, lack of suitable programmes for assisting return migrants and utilising their skills and capital, and poor linkages with diaspora communities. The paper next analyses the role of migration policies in addressing these challenges. Most policies followed by South Asian countries are in the nature of emigration or foreign employment policies, with unclear policies for foreign workers inside their own countries. This is very clear cut in the case of India which is hosting millions of migrant workers from neighbouring countries. Apart from Sri Lanka, no country has ratified any international instrument concerning migrant workers. The paper highlights that legislative and policy frameworks and practices relating to migration have not been modified to deal with current and emerging challenges. It is a matter for concern that migration is being viewed as a national security issue by some countries in South Asia with adverse consequences for protection of rights of the immigrant populations. The paper points out the important role of international instruments and good practices for improving current migration policies. The conclusions identify the crucial role of India as the major emigration-immigration- transit country in the subregion for setting a good practice example in developing comprehensive and transparent migration policies based on international norms. The author also highlights the scope for a subregional approach to migration policy in South Asia through the SAARC framework although progress up to now has been quite limited. The paper concludes by making a case for transparent policies with full respect for rights and equal treatment of both national and foreign workers and with due consideration to gender specific concerns, and moving towards an inclusive and transparent migration policy which ensures equal protection for both national and foreign workers in line with international norms.