Governments in Asia and the Middle East must take stronger action to fight rampant abuse of migrant workers, several migrants` and human rights groups said in a joint letter on the eve of December 18, International Migrants` Day. A press release, issued on the occasion by Human Rights Watch (HRW), stated that the labour-sending countries have not extended adequate protection to migrant workers. Countries of origin such as India, Philippines, Sri Lanka, Bangladesh and Indonesia benefit tremendously from the remittances of migrants. For example, Indians living abroad sent home US$24.6 billion in the fiscal year 2006. In Sri Lanka, the remittances of migrants are the second-highest source of foreign exchange.

In both Asia and Middle East, tens of millions of Asian men and women work on a fixed-contract, doing domestic work, construction, manufacturing and agriculture. Many migrants work and earn without hindrance, but a majority confront serious abuses, such as deception about their working conditions, months or years of unpaid wages, or physical and psychological abuse.

William Gois, regional coordinator for Migrant Forum in Asia, expressed that many cases of migrants receiving no pay after doing back-breaking work for hours over months and even years in jobs has been documented. He further stated that migrants often cannot escape abusive conditions because their employers confiscate their passports. Besides, the immigration policies give the employers the legal power to decide whether the worker can seek another job.

Nisha Varia, a senior researcher for the Women`s Rights Division of HRW stated that the flawed immigration policies and the gaps in the labour laws make migrants vulnerable to trafficking, forced labour and other terrible abuses.

Countries of employment such as Saudi Arabia, the United Arab Emirates, Malaysia and Singapore rely heavily on migrant labour, which comprises between 25 and 90 per cent of their workforce. However, these countries typically tie migrants` visas to their employers, making it all but impossible to switch employers when they confront abuse. These countries also exclude domestic workers from labour laws, leaving them open to abuse and with few avenues for redress.

The extortionate fees levied by the unregulated labour recruitment agencies in many countries often leave migrants heavily indebted. Another hard-core reality is that the governments show reluctance to demand higher wages and better working conditions, for fear that the jobs will go to workers from other countries. Nurul Qoiriah of the Asian Migrant Centre emphatically pointed out the need for the labour-sending countries to stop making excuses about lack of bargaining power and, instead, to fight vehemently for their national rights.

On 21 and 22 January 2008, the United Arab Emirates will host the latest round of the `Colombo Process`, a series of regional consultative processes focused on Asian contract migrant workers. In their joint letter, migrants` and human rights groups called on the 22 major labour-sending and receiving governments attending the meeting to implement four key reforms. First, ensure equal protection for domestic workers under labour laws. This includes provisions for one day off per week, overtime pay and other benefits. Standard contracts are not a substitute for equal protection under the law. Second, bring about changes in the kafala (sponsorship) visa system. Employment visas that tie workers to their employers make it difficult for workers to change employers, even in case of abuse. These sometimes require workers to obtain their employers` consent before leaving the country. Workers` visas should not be linked to employers. Third, there should be a stricter monitoring of labour recruitment agencies. Both sending and receiving countries should more rigorously regulate, monitor and enforce minimum standards for labour recruitment agencies. Governments should set clear standards for recruitment fees or eliminate these fees completely. And finally, governments must ensure that migrants have access to justice and support services. Migrants accused of committing crimes must have access to interpreters or legal aid. Migrants, who suffer abuse, should have access to shelter, legal aid, medical care and temporary residence status. Governments should ensure speedy and transparent mechanisms to resolve wage disputes, and they must prosecute cases of abuse against migrants through the criminal justice system.