In its current form, the draft is an improvement from the 1983 Act but the current paradigm demands a wider and thorough approach. We need a Comprehensive Migration Management Act that should address every aspect of the exploitation of migrant workers

The Indian diaspora’s long cry may turn bitter if the new draft Emigration Management Bill 2019 is passed. The need for a comprehensive legislation, revamping the existing Emigration Act of 1983, was well understood by all parties and stakeholders in the field of migration. Even though the process for a new migration legislation gathered steam in 2012, the Government never showed the needed political will to enact it.

It was a pleasant surprise at the fag end of the present Government’s tenure that a sudden “stakeholders’ meeting” was called and a draft Bill prepared and published. For the Indian diaspora, it is a welcome sign, even though it looks like an appeasement exercise, keeping the more than three-crore strong Indian diaspora in mind. The Emigration Act of 1983 had many anomalies like not being migrant-friendly and was not representative of the the multi-layered immigration problems and challenges.

The Government’s approach towards the restructuring and revamping of the Emigration Act was callous, which was evident in the hurriedly-convened stakeholders’ meet and the draft Bill. In the Bill drafting process, the real migrants, their CSOs, or the State Government bodies like NORKA and APNRT were neither consulted, nor their opinion sought. Going through the provisions of the draft Bill, it looks headed to meet the same fate as the 1983 Act even as it is treacherously disappointing.

The new draft does not address the welfare needs and the kaleidoscopic changes in the socio, political, economic, demographic and cultural relationships in the countries of destination. The need of the hour is a Comprehensive Migration Management Act (CMMA), which should end the stark exploitation in the migration cycles, mainly in the recruitment process, at work and return and re-integration of the migrants.  The new Act should be inclusive to result in a win-win situation for all the migration stakeholders. Further, the new CMMA should view migration in the developmental perspective and an economic activity for both India and the Countries of Transit and Destination.

A Migration Management Ministry should be created at the Centre besides a Migration Management Authority in all States as well as the Centre. The responsibility of complete restructuring and revamping of the recruitment, placement, work, return and re-integration should be vested with the State Governments and the institutions and authorities constituted for this purpose through the Comprehensive Migration Management Act. The Protector of Emigration is a colonial institution and it should be abolished and put into the restructuring process.

A Pravasi Commission with quasi judicial authority should also be constituted at the Centre and in all the  States. For the inclusion of migrants in the democratic and developmental process and for governance, a body with legislative powers should be constituted under this Act both at the Centre and State levels. The legislation aspects of the migration governance can be through a quasi legislative body, having specific rules and regulations.

It is appalling to note that the Indian Government has no data bank on its migrant demography. It should be provisioned in the Bill for compulsory data collection of Indians going abroad for whatever reasons. Identity smart cards should be provided to the migrants. It should address both permanent and contractual migration and should be able to protect and safeguard the interest of all migrant workers.

The underlying ethos of the CMMA should be based on the principles of freedom, equality and dignity, as enshrined in the Constitution of India and the new Act should ensure the same in the destination countries.

Well-managed migration brings development to both India and the countries of destination. In this perspective or guiding principle, the new comprehensive migration Act should be developed.

The very basic element of the new Act should focus on implementing all the UN and International Labour Organisation (ILO) conventions, treaties, multilateral commitments to migrants’ human and labour rights. Those not yet ratified should be done, made binding and applicable to migrants across the board.

The proposed legislation should have the migration elements related to those of the SDG goals and should be in the broader framework of the 23 directive principles and objectives of the Global Compact on Migration. Regularisation and regular pathways for human mobility across the plank should be core to the drive for the new CMMA of India and should facilitate human mobility with human rights and labour rights of the migrants.

There should also be strict provisions for the protection of migrant women. “They are not by nature vulnerable population” in need of rescue but too often, find themselves in vulnerable situations due to (migration) policies, values and the denial of rights. Hence, this new enactment should ensure without fail the rights to migrant women and their children, as enshrined in the Constitution of India, UN treaties and conventions.

There should not be deportation of children in any circumstances and they should not be separated from their families. Provisions should be made to protect and respect citizens and organisations that help undocumented migrants in need. The new law should have a human touch. Provisions against commodification of the migrants/trading of migrants should be incorporated.

A majority of the Indian migration is Asia-centered and economically on temporary contractual migration. The interest of this segment of migrants should be well protected in the upcoming Act. The CMMA should address the need for ethical recruitment, decent jobs and labour mobility with the protection of the labour rights of migrants. Recruitment fees should be borne by the employer, not the migrant worker and any fees collected from the migrant worker should be treated as bonded labour and trafficking in humans.

Portability of salary, social security benefits, indemnities and pension etc should be guaranteed to the migrant worker without any hindrance, both from the destination countries and the employers. Forced repatriation and administrative deportation should not be allowed. Their voluntary return should be tailor-made and context specific, involving a process with true choices, including choosing the moment of return. To change the narrative and perceptions on migration, the migrants’ voices need to be audible.

What the Indian migrant wants is a CMMA that will protect and safeguard them in the true sense. We can always wait for a few months more for this to become a reality since we have been waiting for the last 35 years.

(The writer is an NRI working on the welfare of migration workers in the Gulf sector)