Protection of Migrant Workers' Rights During the COVID-19 Pandemic in the IGAD Region

COVID-19 has impacted migrant workers in the IGAD region, highlighting vulnerabilities in the informal economy. Some countries provided free testing and healthcare, but challenges remain, including the exploitation of workers under the kafala system. Recommendations aim to address protection gaps. The assessment by IGAD and ILO proposes strategic actions to improve the situation.

• Migrant workers
• COVID-19
• IGAD region
• Exploitation
• Protection

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1. AU PAN AFRICAN FORUM ON MIGRATION 6THPAFOM CONFERENCE Protection of migrant workers rights during the COVID-19 pandemic Ephrem Getnet, ILO Chief Technical Adviser & Lucy Daxbacher IGAD Head of Mission to the Republic of Uganda/ Manager Protocols on Free Movement of Persons in IGAD Region. Dakar, Senegal 2021 10 September 2021 Advancing social justice, promoting decent work 1

2. Summary of Major Findings COVID-19 work place prevention measures have been introduced in IGAD MSs Migrant workers in the informal economy were especially vulnerable to the economic consequences and health risks of the pandemic; COVID-19 testing & health care free of charge for migrant workers in some MSs & numerous key CoDs e.g. Kingdom of Saudi Arabia kafala system makes migrant workers vulnerable to exploitation despite steps taken by some countries to dismantle it such as Qatar and Lebanon Migrant workers in the Middle East experience hardship and exploitation PEAs appear to have done little to protect migrant workers in CoDs BLAs do not appear to have aided the protection of migrant workers during the crisis Advancing social justice, promoting decent work 2

3. Introduction The assessment describes the major impacts of the pandemic and challenges faced by migrant workers in and from the GAD region, It points out key protection gaps and propose strategic recommendations to overcome the challenges. The assessment is conducted by IGAD and ILO under the framework of the EU funded Project on Free Movement of Persons and Transhumance in the IGAD Region: Improving opportunities for Regular Labour Mobility. For more information please https://www.ilo.org/africa/technical- cooperation/WCMS_631153/lang--en/index.htm visit: the project website Advancing social justice, promoting decent work 3

4. Methodology Pillars The assessment has used both primary secondary data Primary data: semi structured interview/ key informant interviews Online survey questioner Secondary data: Literature review policy review Assessment period: May September 2020 Working conditions and Access to Justice and protection under the law Integration of migrant workers and countering xenophobia Socio-economic assistance and access to the labour market Access to information - rights and opportunities Social security coverage and portability Return and reintegration Advancing social justice, promoting decent work 4

5. Migrant workers in a regular situation have access to legal remedies in MSs not clear if it was sought or enforced during the pandemic Access to Justice and Protection under the law Some MSs have legal mechanisms in place to protect workers against COVID-19 related discrimination and unsafe working conditions e.g. Kenya and Uganda introduced legal mechanisms to protect workers against COVID- 19 related discrimination and unsafe working conditions Avenues for appeal often fall short in the CoDs recent complaint mechanisms introduced to enhance the protection of migrant workers can aid them during the pandemic e.g. Qatar Advancing social justice, promoting decent work 5

6. xenophobia against migrants were reported in Member States and key countries of destination specific public education & awareness- raising programs countering xenophobia was lacking and discrimination Integration of Migrant Workers and Countering Xenophobia Various agencies (IOM, UNICEF WHO) implemented awareness activities on prevention & treatment of COVID-19 in IGAD MSs and CoDs raising Advancing social justice, promoting decent work 6

7. Some MSs & CoDs have extended migrant workers visas (Ethiopia, Kenya and Uganda ), removed visa renewal fees (Bahrain), offered amnesty to migrants in an irregular situation (Bahrain and Kuwait) Socio-economic Assistance and access to the labour markets CoDs implemented some measures to support migrant workers & excluded them from some support Qatar and Bahrain are allowing migrant workers to switch employers; UAE launched a Virtual Labour Market (https://careers.mohre.gov.ae) Qatar is obliging employers to provide food and housing KSA and Bahrain wage deficit for national only Aid agencies, embassies, CSOs & diaspora communities providedsupport to migrant workers Migrant workers in IGAD MSs received some support, but no targeted assistance Advancing social justice, promoting decent work 7

8. Access to Information on Rights and Opportunities Various awareness raising campaigns on COVID-19 for migrants in the IGAD MSs and CoDs In CoDs embassies provided some information & services to migrant workers but this needs to be further strengthened Advancing social justice, promoting decent work 8

9. Migrant workers in & from the IGAD region lack basic income & social security guarantees Social security coverage and the portability of social security benefits Portability benefits lacking - Djibouti is the only MS with some portability of social security benefits of social security Most migrant workers from the IGAD region in the Middle East are low skilled workers do not benefit from the portability of social security benefits from CoDs Advancing social justice, promoting decent work 9

10. Migrant workers face wage abuse in various forms and worsened in certain cases since the start of the pandemic Return and Reintegration Return processes varied among MSs & CoDs, deportation uncoordinated returns was observed in many CoD Detention, & Reintegration support for returning migrant workers is insufficient Advancing social justice, promoting decent work 10

11. RECOMMENDATIONS Provide targeted socio-economic assistance to migrant workers, including migrant workers in the informal economy Define roles & responsibilities for the protection of stranded migrant workers Strengthen standards for return & coordination on return between MSs & with CoDs Set a common position for BLAs that is rights-based Specify PEAs roles & responsibilities in a crisis Bolster labour migration statistics of migrant workers in CoDs to strengthen their protection during a crisis 1. 2. 3. 4. 5. 6. Advancing social justice, promoting decent work 11

12. 7. Boost reintegration support 8. Enhance immigration information & visa processing systems towards promote fair, safe, orderly & regular labour migration and mobility 9. Increase awareness raising on labour migration system and process to prevent the exploitation of migrant worker 10. Strengthen labour inspection in MSs to ensure decent working conditions & adequate COVID-19 prevention measures in the work place 11. Promote the use of digital technologies for remittances 12. Strengthen Labour Market Information Systems to bolster opportunities for regular labour migration and support the recovery of economies in the region Advancing social justice, promoting decent work 12

13. Thank you for your attention! Advancing social justice, promoting decent work 13