A STUDY ON INFRACTION OF EXPATRIATE WORKERS' RIGHTS
ABSTRACT
According to United Nations statistics, there are approximately 200 million international migrants in the world and this is barely 3 per cent of the world population. Further Article 19 of the Universal Declaration of Human Rights (UDHR) establishes the right to protection and assistance of migrant workers and their families and of self-employed migrants.
In this matter of issue, this study narrates who migrant workers are and the misery they are facing. As most migrant workers are unaware of their rights, hereby the author describes migrant workers and their family members’ rights. Injustice anywhere is a threat to justice everywhere.
In addition, this study showcases the worldwide mortality rate of migrant workers during work hours. The author suggested a few ideas to empower migrant workers’ lifestyles. The study divulges deeply into the various fields in which migrant workers were employed and the requisites for working in that environment.
The main objective of the study is to disclose the fundamental human rights of migrant workers; highlight the violations and discriminations against migrant workers manifestly; disclose the concept of the kafala system which is bowling over migrant workers’ rights. The study encompasses various national and international issues relating to migrant workers.
INTRODUCTION
GENESIS OF MIGRANT WORKERS:
In 1885, the US Congress passed the Alien Contract Labor Law, which restrained immigrants from accepting jobs before they entered the country. The government did this in return for the interests of labour unions, which had gained political influence at that time.
The anxiety was that immigrants coming in with jobs were accepting poor wages and social security conditions that undermined what the labour unions were already struggling for. Under the Kafala system, migrant workers are sponsored by an employer or a sponsor, who is responsible for their visa, work permit, and legal status in the country.
It was created to supply cheap, plentiful labour at a time of flourishing economic growth. In Ancient India, Migrations of people in search of better resources, such as fertile land for agriculture or water sources, can be traced back to ancient civilizations. During the colonial period, the movement of people was often driven by colonial powers for labour exploitation and economic gains.
European powers established colonies in different parts of the world and brought in indentured labourers or slaves from other regions to work in mines, plantations, and other industries. The Industrial Revolution in the 18th and 19th centuries led to the large-scale migration of workers from rural to urban areas in search of employment opportunities in factories and industries.
In the modern era, globalization, advancements in transportation, and economic disparities have contributed to the growth of migrant workers on a global scale. Migrant workers have moved from developing countries to developed countries in search of better job opportunities, higher wages, and improved living standards.
VARIOUS JOBS UNDERTAKEN BY MIGRANT WORKERS
Migrant workers around the world often undertake a wide range of jobs across different sectors. These jobs can vary depending on factors such as the destination country, the level of skill and education of the migrant workers, and the demand for labour in different industries.
Some common jobs undertaken by migrant workers globally include Construction and manual labour; Domestic work; Agriculture and farming; Manufacturing and factories; Hospitality and service industry; Seasonal or temporary work; Transportation and logistics.
In 1885, the US Congress passed the Alien Contract Labor Law, which restrained immigrants from accepting jobs before they entered the country. The government did this in return for the interests of labour unions, which had gained political influence at that time. The anxiety was that immigrants coming in with jobs were accepting poor wages and social security conditions that undermined what the labour unions were already struggling for.
Under the Kafala system, migrant workers are sponsored by an employer or a sponsor, who is responsible for their visa, work permit, and legal status in the country. It was created to supply cheap, plentiful labour at a time of flourishing economic growth. In Ancient India, Migrations of people in search of better resources, such as fertile land for agriculture or water sources, can be traced back to ancient civilizations.
During the colonial period, the movement of people was often driven by colonial powers for labour exploitation and economic gains. European powers established colonies in different parts of the world and brought in indentured labourers or slaves from other regions to work in mines, plantations, and other industries.
The Industrial Revolution in the 18th and 19th centuries led to the large-scale migration of workers from rural to urban areas in search of employment opportunities in factories and industries. In the modern era, globalization, advancements in transportation, and economic disparities have contributed to the growth of migrant workers on a global scale. Migrant workers have moved from developing countries to developed countries in search of better job opportunities, higher wages, and improved living standards.
VARIOUS JOBS UNDERTAKEN BY MIGRANT WORKERS
Migrant workers around the world often undertake a wide range of jobs across different sectors. These jobs can vary depending on factors such as the destination country, the level of skill and education of the migrant workers, and the demand for labour in different industries.
Some common jobs undertaken by migrant workers globally include Construction and manual labour; Domestic work; Agriculture and farming; Manufacturing and factories; Hospitality and service industry; Seasonal or temporary work; Transportation and logistics.
CONSTRUCTION FIELD: Working in the construction industry frequently necessitates using a lot of heavy machinery, tools, and equipment, as well as working at heights, which can come with significant risks like falling, being struck by or caught in the middle of an accident, electrical hazards, and getting exposed to harmful substances.
They also have to deal with bad working conditions like long hours, no time to rest, no privacy, no access to clean water, and not enough protective gear. They are susceptible to exploitation and abuse, such as wage theft, discrimination, unfair labour practices, and unsafe work conditions.
HOSPITALITY AND SERVICE: Migrant workers in the hospitality industry, including hotel, restaurant, and food service workers, may be vulnerable to exploitation and abuse, such as wage theft, long working hours, unfair labour practices, discrimination, and harassment.
Migrant workers in the hospitality industry may face occupational hazards, such as slips, trips, and falls; burns; cuts; exposure to harmful chemicals; and ergonomic risks from repetitive tasks. They are provided with substandard housing by their employers, including overcrowded or unsafe living quarters, lack of proper sanitation and ventilation, and inadequate access to basic amenities.
KAFALA SYSTEM: The Kafala system is a legal framework that governs the employment and residency status of migrant workers in these countries. Migrant workers have needed their employer’s permission to transfer jobs (non-objection certificate); leave their current positions; and enter or exit their host country (Exit Permit). Many Gulf countries have reformed their kafala systems, but the heritage of the system and its malpractices remains unchanged.
This system ties a worker’s legal status to their employer, creating a relationship of dependency. This lead to exploitation, abuse, and violations of workers’ rights, as they are vulnerable to mistreatment by their employers, with little or no legal recourse.
The Kafala system has been criticized by human rights organizations and labour rights advocates for practising exploitation, forced labour, and human trafficking. In recent years, there have been calls for reforms and abolishment of the Kafala system to better protect the rights and well-being of migrant workers in the Gulf countries.
MAJOR IMPEDIMENTS FACED BY MIGRANT WORKERS
Migrant workers often face a range of impediments, which can vary depending on their legal status, destination country, and the specific sector they work in. Some common impediments faced by migrant workers are segregated into the following pointers,
Exploitation: Migrant workers are vulnerable to exploitation and abuse, including low wages, long working hours, poor working conditions, and violations of labour rights. They may also face physical, verbal, and sexual abuse, harassment, and discrimination in the workplace.
Insufficient legal security: Migrant workers, especially those who are undocumented or have irregular immigration status, may face limited legal protections and be excluded from labour laws, social protections, and access to justice. This can leave them exposed to exploitation and abuse without recourse.
Social isolation: Migrant workers may face social isolation, as they are often far from their families and communities, and may experience discrimination or exclusion in their host country. This can impact their mental health and well-being, and lead to social and emotional challenges.
Lack of access to social services: Migrant workers may face barriers in accessing social services, such as healthcare, education, and social welfare benefits, due to their legal status or other factors. This can result in inadequate healthcare, education, and social support, and limit their ability to improve their well-being and that of their families.
Immigration policies and restrictions: Immigration policies and restrictions in host countries can also pose challenges to migrant workers, such as limited work permits, visa restrictions, and the risk of deportation.
Language and cultural obstacles: Migrant workers may face language and cultural barriers in their host country, which can affect their ability to communicate, access services, and understand their rights and responsibilities.
MIGRANT WORKERS’ RIGHTS UNDER INTERNATIONAL LAW
International migrant workers are entitled to a range of rights under international law, which is designed to protect their human rights, and labour rights, and ensure their fair treatment and well-being.
Some of the significant rights of migrant workers as recognised by international migrant workers law include, Non-Discrimination; Right to Just and Fair Conditions of Work; Right to Freedom of Association and Collective Bargaining; Right to Decent Housing; Right to Family Unity; Right to Health and Education; Right to Access to Justice and Remedies; Protection from Exploitation and Trafficking and so on.
In addition, there were several Acts, Conventions and boards were created for the upliftment of migrant workers such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Universal Declaration of Human Rights(UDHR), Equal Remuneration Convention, 1951, Discrimination (Employment and Occupation) Convention, 1958, Abolition of Forced Labour Convention and so on.
CASE LAWS IN CONNECTION WITH MIGRANT WORKERS’ RIGHTS
FIFA world cup 2022 and the sudden increase in the mortality rate of migrant workers in Qatar. Since Qatar won the right to host the World Cup, more than 6,500 migrant workers from India, Nepal, and other countries have died there.
The findings, according to government-authorized sources there were 500 migrants dead and it was allegedly said by many authorized news channels and the citizens of Qatar that actually around 6000 migrants from worldwide who came to Qatar, died.
Rothna Begum opined that migrant workers played a vital role in making the World Cup 2022 possible, but it has come at a great cost for many of them and their families who come across widespread wage theft, injuries, and thousands of unexplained deaths.
FIFA has the liability to identify and compensate for these abuses in accordance with the United Nations Guiding Principles on Business and Human Rights, which FIFA adopted into its Statutes in 2016 and it’s Human Rights Policy in 2017. On the occasion of the 2022 FIFA World Cup, it is expected that $6 billion is raised as revenue by Qatar and now it has sufficient resources for remedy.
On 09.11.2014, FIFA told the Universal Declaration of Human Rights that women will have full access to medical care which includes pregnancy regardless of their marital status. In GENEVA on 03.09.2020 new laws passed in Qatar should effectively put apart Qatar’s deteriorative kafala or labour sponsorship scheme and protect migrant workers from exploitation.
In May 2020, the Declaration of Human Rights and other human rights organizations along with trade unions questioned FIFA and Qatari authorities in a Joint Open Letter and campaign to provide a remedy to the deceased families. Despite policy changes at the government level, implementation of these depends on the actions of companies and employers.
The EU parliament voted in favour of compensating the injured and deceased migrant workers during the world cup assignment. Qatari authorities do have data and information on abuses including worker deaths. The existing compensation schemes would be strengthened by a remedy fund and reach more workers, including those still seeking wages stolen from them.
SUGGESTIONS
The following steps should be undertaken to enhance the standard of living and lifestyle of migrant workers all over the world.
Implementation of new labour laws: Governments should establish and enforce comprehensive labour laws that protect the rights of migrant workers, including fair wages, safe working conditions, and the right to organize and collectively bargain.
Improving social service: They should have access to social services such as healthcare, education, and social security, regardless of their immigration status. Governments and employers should ensure that migrant workers have access to these services without discrimination.
Creating awareness: Educate migrant workers about their rights, including their right to fair treatment, safe working conditions, and access to legal remedies. Raise awareness among employers, recruitment agencies, and the general public about the rights and contributions of migrant workers.
Access to Justice: Ensure that migrant workers have access to affordable and effective legal remedies, including access to legal aid and assistance, to seek redress for violations of their rights. Remove barriers that prevent migrant workers from accessing the justice system, such as language barriers or lack of documentation.
Enhancing Cooperation between countries: Promote cooperation and coordination among countries of origin, transit, and destination to protect the rights of migrant workers. This can include bilateral and multilateral agreements, information-sharing, and mutual support to address common challenges and ensure the rights of migrant workers are respected.
CONCLUSION
The violation of migrant workers’ rights is a grave issue that demands urgent attention from governments, employers, and civil society organizations. The violations of their basic human rights not only harm the individuals involved but also undermine the principles of social justice and human dignity.
Safeguarding the rights of migrant workers is not only a legal and moral imperative but also essential for promoting social justice, economic development, and human dignity. It is essential to promote fair and ethical recruitment processes, ensure that migrant workers have access to information and support services, and establish effective mechanisms for reporting and addressing violations.
