Labour Migration to Qatar: Trends and Challenges

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Labour Migration to Qatar:

Process, Actors and Challenges

Centre for the Study of Labour and Mobility

(CESLAM)

• Migration Trends:

 Trends over the years

 Nepali Migrants Currently in Qatar

 Sector of Work

 Migrants and the Labour Force in Qatar

• Migration Actors:

 Social Institutions

 Government Institutions

 Private Actors

 Financial Intermediaries

• Process of Migration and Challenges:

 Process of Migrating from Nepal

 Challenged for Migrant Workers

Migration Trends

2,500,000

Migration Trends Over the Years

2,000,000

1,500,000

1,000,000

500,000

0

Male

Female

Total

1952/54

173,919

24,501

198,120

1981

328,448

74,529

402,977

1991

548,002

110,288

658,290

2001

679,469

82,712

762,181

2011

1,663,237

254,666

1,917,903

Source: Central Bureau of Statistics, National Population Censuses, 1952/54, 1981, 1991, 2001, 2011

Total Number of Labour Permits Issued

(2006/07-2013/14)

Source: Department of Foreign Employment

Labour Permits by Destination 2013/14

3,7% 4,5%

10,4%

16,5%

24,4%

40,6%

Qatar

Malaysia

Saudi Arabia

U A E

Kuwait

Others

Source: Department of Foreign Employment

Migration to Qatar

140000

120000

100000

80000

60000

40000

20000

0

105 681

102 966

245 505 477

1802

8791

9030

14 086

19 895

24 128

26 850

42 394

55 892

59 705

85 442

76 175

55 940

90935

128874

Source: Department of Foreign Employment

Gendered Perspective of the Migration to Qatar

100%

99%

98%

97%

Female

Male

Source: Department of Foreign Employment

Migrants in the Gulf and Sector of Work

6,1%

6,5%

5,3%

5,0%

10,6%

26,5%

4,4%

35,5%

Agriculture

Manufacturing,

Mining, Utilities

Construction

Hotels, Catering

Transport

Trade, Commerce

Services

Data Source: World Bank, 2011

20,0

15,0

10,0

5,0

0,0

25,0

Migrants and the Labour Force in Qatar

Nepali Migrant Stock in Qatar

10,0

13,5

15,7

21.0

% of Population

% of Labour Force

2010 2013

Source: World Bank

Migration Actors

Social Institutions

• Prospective migrants typically receive preliminary information from friends and family

• Use of social networks to inquire about job opportunities

• Choice of an agent and/or RA based either on personal acquaintance or on the recommendation of friends and family (usually returnees).

Aspirant and Returnee Migrants – Making Contact with the Person Who Helped with the Processing of

Documents

How was the Person

Contacted

Nepali Aspirant

No.

%

Nepali Returnee

25 34.7

No.

15

%

32.6

Already a Personal

Acquaintance

Through Family/Relative

Through Friends

Suggested by Friends

Working Abroad

Through a Neighbour

Recruiting Agents/Training

Centres

Advertisement

NA

Total

20

16

1

-

-

-

10

72

27.8

22.2

1.4

-

-

-

13.9

100

8

8

-

10

-

5

-

17.4

17.4

-

21.7

-

10.9

-

46 100

Source: The Asia Foundation, 2013

Government Institutions

Ministry of Labour and Employment

(MoLE)

• Governs the policies pertaining to labour and employment

• Operates vocational training and skills development programs

• DoFE was established under its aegis as per FEA,

2007

Department of

Foreign Employment

(DoFE)

• Central government body responsible for governing labour migration

• Responsible for monitoring the Recruitment

Agencies

• Issues labour permits for workers

• Receives and settles complaints against Recruitment

Agencies and Individual Agents

Government Institutions

Ministry of

Foreign Affairs

(MoFA)

• Negotiates labour agreements with destination countries

• Provides various services to current migrants through Nepali embassies located in destination countries

Foreign

Employment

Promotion Board

(FEPB)

• Development of educational material

• Information dissemination and awareness raising

• Research and analysis on labour market situation of destination countries

• Responsible for the management of the

Migrant Worker’s Welfare Fund

• Assistance and support to relevant embassies for “promotional activities”

Government Institutions

Foreign

Employment

Tribunal

• Trial and settlement of cases other than those punishable by DoFE

• Cases have to be forwarded by the investigation officers at DoFE

Council for

Technical

Education and

Vocational

Training

(CTEVT)

• Provide vocational and skills training, either directly or through affiliates

• Design and update the curricula for the various training courses

• Conduct research and analysis of the labour market situation

• Conduct skills-testing and certification

Private Actors

Recruitment

Agencies

• Intermediaries between the migrant worker and the placement agencies/employers in the country of destination

• Around 760 recruitment agencies are registered with DOFE

Agents/Brokers

• Agents are generally the first point of contact in the labour migration process

• RAs largely depend on individual

‘agents’ mostly unlicensed, to supply them with workers

Person Helping to Arrange Travel Documents

Source

Broker/Agent

Manpower

Relatives 5

Relatives working in that country

Brother

-

4

Husband

Friends

3

2

Nepali Aspirant

No.

60

19

Neighbour

Self (No one)

Total

1

7

101

4.0

3.0

2.0

1.0

6.9

100

%

59.4

18.8

-

5.0

-

-

-

-

1

52

3

2

Nepali Returnee

No.

37

9

%

72.5

17.6

5.9

3.9

-

-

-

-

2.0

100

Source: The Asia Foundation, 2013

Other Private Institutions

Orientation

Training

Centres

• Two day pre-departure orientation training course

• There are 74 government recognized centres that are mostly concentrated in the Kathmandu Valley

Medical

Examination

Centres

• Conduct medical check-ups for Nepali migrant workers

• Licensed by National Public Health Laboratory (NPHL)

• NPHL has authorised 179 laboratories to conduct medical check-ups for Nepali migrant workers

Insurance

Companies

• The migrant worker or the concerned RA is required to procure insurance

• Currently, there are nine insurance companies that have been authorised by DoFE to sell insurance policies to prospective migrant workers

Financial Intermediaries

Formal

• Commercial Banks

• Money Transfer Agencies

• Savings and Credits

Groups

Informal

• Family/ Friends loans

• Local Money lenders

Hundi

Financing Migration (to the Gulf)

53%

7%

2% 3% 2%

7%

26%

Own Savings

Sale of Assets

Help from family members in Nepal

Help from family members abroad

Loan from friends, relatives

Bank loan

Loan from village merchants, etc.

Source: NMS 2009 as illustrated in World Bank, Large-Scale Migration and Remittance in Nepal, 2011

Remittance Channels (from the Gulf)

9%

4% 4% 6% 4%

73%

Brought himself/herself

Through friends, relatives

Through hundi

Through money transfer companies

Transfer to own bank account

Transfer to other’s bank account

Source: NMS 2009 as illustrated in World Bank, Large-Scale Migration and Remittance in Nepal, 2011

Process of Migration

Decision to

Migrate

• Family /Friends/Community (Social Institutions)

• Agents/Brokers

Migration

Process

• Government Institutions (MoLE, DoFE, FEPB, MoFA,

CTEVT)

• Agents/Brokers/RAs

• Other Private Institutions (Medical, Insurance, Orientation)

Post

Return

• Government Institutions (DoFE, Tribunal, FEPB)

• Private Actors (Brokers, RAs, Insurance)

Demand for Labour

Decision to Migrate

Recruiting Agency

Agent Broker

DoFE Pre-approval

• Preparing Documents

• Purchasing Life Insurance

• Deposit into Welfare Fund

(FEPB)

• Medical examination

Labour Permit from DoFE Departure

Challenges for Migrant Workers

Pre-Departure: Challenges and Abuses before leaving Nepal

Lack of

Information/Access

Financing

Migration and

Indebtedness

Broker/Agent/

Recruitment Agency

Issues

Policy and

Bureaucracy

Lack of Information/Access

Concentration of relevant government offices in

Kathmandu

• DoFE office only in Kathmandu

• Pre-Departure orientation centers concentrated in Kathmandu valley

• Other pre-departure related services (for instance, mandatory health checkups, insurance, etc.) concentrated in

Kathmandu

Lack of awareness regarding the recruitment process for foreign employment

• Basic procedure for foreign employment

• Max fees to be paid to agency

• Knowledge of various governmental & relevant institutions and their roles (e.g. passport, insurance, medical examination, orientation training, etc.)

Financing Migration and Indebtedness

High

Migration costs

Many lack collateral to borrow from banks/fina ncial institutions

Forced to borrow from

“informal” sources often times at exorbitant

(often illegal) interest rates

Pre-

Migration indebtedness

Data Source: World Bank, 2011

Agent/Broker

First PoC - Trust factor for potential migrants, ease of access

Often times unregulated

Charge higher fees no accountability

Recruitment Agencies

Illegally overcharging recruitment fees

Contractual Fraud (No Contract;

Counterfeit Contract; Contract in

Foreign Language)

Deceptive practices vis-à-vis

(Nature of Job, Non-existent

“jobs”, Wages and Benefits, Food and Accommodation, Work Hours,

Destination)

Contract in the last minute when “locked in”

Policy and Bureaucracy

Policy bias against women vis-à-vis travel restrictions*

• Must be 30 years of age to migrate for domestic work

• Required to obtain a

“guarantee letter” from the Nepali

Embassy at destination

Bribery (“setting fee”) at the airport to travel without hindrance

• “fee” ranges between US$ 100-

700

Restrictions encouraging

“irregular” migration (via

India)

Post- Departure: Situation of Migrant Workers in

Qatar

Legal

Impediments

Regulatory

Issues

On the Job

Abuses and

Challenges

Legal Impediments

• Sponsorship system:

• Workers “tied” to their employer

• “No objection Certificate” (NOC) before changing jobs

• Employer’s permission before leaving the country (“exit permit”)

• Exclusion of certain groups of workers from the

Labour Law

• No right to form or join trade unions

• Labour Court System:

▫ Lengthy trial periods

▫ Fee payment requirement

Legal Impediments

• Qatar has not ratified 3 of the 8 ILO Core

Conventions (i.e., C087, C098, and C100)

• It has not ratified the International Convention on the Protection of the Rights of All Migrant

Workers and Members of their Families (1990)

Regulatory Issues

• Prevalence of contract substitution, fake contracts, non-native language contracts

▫ “free floating” visas

▫ “waiting period” for a job; on average, migrants waited for 4.82 weeks before securing employment

• Violation of contract terms by the employer

(often with impunity)

• Confiscation of passports by employers

On-the-Job Abuses and Challenges

• Physical/sexual/psychological abuse

• Rate of work related injury and work related illness about

25.3% and 45%, respectively

• Withholding pay (often for long periods), non-payment, lower than agreed pay

• Providing sub-standard housing and lodging for employees

• Overtime work without compensation

• Language Barrier

• Lack of information regarding workers’ rights

• Additional plight of domestic workers (e.g. isolation from other workers, often locked in the house, prohibited from contacting family/friends, etc.)

After Return: Problems Faced Post-

Return

• Lack of awareness regarding

▫ Complaint mechanism at the DoFE

▫ Welfare Fund

▫ Mandatory insurance and the claims mechanism

• Lack of remedial or compensatory mechanism for those with irregular status

Other Challenges

• Recruitment agency denial to compensate defrauded migrants

• Inability to secure employer compensation for work injury or death

• Challenges in securing compensation from

Welfare Fund and/or insurance

• Issues with repatriating bodies of the deceased

• Issues with the DoFE grievance mechanism

Status of Complaints Filed at DoFE

Total complaints received

Complaints cleared for investigation

2012/13 2013/14

Individual Institutional Individual Institutional

1245 1060 899 1406

202 350 145 272

Cases settled by DoFE

Cases forwarded to the

Foreign Employment

Tribunal

0

164

39

14

0

107

45

5

Source: DoFE as cited in MoLE, 2014

Status of Cases Forwarded to the Tribunal

60%

50%

40%

30%

20%

10%

0%

100%

90%

80%

70%

Cases Remaining to be Settled

Cases Settled

2009/10 2010/11 2011/12 2012/13 2013/14

Source: Foreign Employment Tribunal as cited in MoLE, 2014

The End

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