RESPONSIBLE RECRUITMENT: LANDSCAPE ASSESSMENT APRIL 2019

Submitted to: Winrock International, Washington DC Submitted by: SAIS-Winrock Practicum Team 2018-19

DISCLAIMER

This assessment is made possible by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this assessment are the sole responsibility of Winrock International and do not necessarily reflect the views of USAID or the United States Government.

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The SAIS-Winrock Practicum Team 2018-2019 would like to thank all stakeholders and interviewees who provided time and insights. Any errors and omissions are that of the authors, Olivia (Ya) Gao, Deboleena Rakshit, Michelle LeMeur and Johan Zambrano.

RESPONSIBLE RECRUITMENT: LANDSCAPE ASSESSMENT APRIL 2019

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TABLE OF CONTENTS

Table of Contents ............................................................................................................................................................... i 1. Executive Summary .................................................................................................................................................. 1 2. Introduction ............................................................................................................................................................... 3

2.1 Definitions ....................................................................................................................................................... 3

2.2 Status of cross-border migration ............................................................................................................... 3

2.3 Standards and Legal frameworks ............................................................................................................... 4

3. Models of recruitment............................................................................................................................................. 6 3.1 Bongpheak ....................................................................................................................................................... 6

3.2 FSI Worldwide ................................................................................................................................................ 6

3.3 NAFEA Members ........................................................................................................................................... 6

3.4 Rensol Recruitment....................................................................................................................................... 7

4. Key challenges ........................................................................................................................................................... 8 4.1 Norms and expectations .............................................................................................................................. 8

4.2 Pre-departure orientation and training .................................................................................................... 8

4.3 Returnee migrant workers ........................................................................................................................ 10

4.4 External demand .......................................................................................................................................... 10

4.5 Technology .................................................................................................................................................... 10

4.6 Shared understanding and commitment ................................................................................................. 11

5. Best practices .......................................................................................................................................................... 11 5.1 Outreach ........................................................................................................................................................ 11

5.2 Targeted orientation and training ............................................................................................................ 11

5.3 Bilateral agreements .................................................................................................................................... 12

5.4 Policies & actions of destination countries ............................................................................................ 12

6. Recommendations .................................................................................................................................................. 13 6.1 Changing norms and expectations ........................................................................................................... 13

6.2 Improving trainings and orientations ...................................................................................................... 13

6.3 Working with returnee migrant workers .............................................................................................. 13

6.4 Supporting external demand ..................................................................................................................... 14

6.5 Accessible technology ................................................................................................................................. 14

6.6 Building a shared understanding ............................................................................................................... 15

Bibliography ....................................................................................................................................................................... 16

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ABBREVIATIONS

CESLAM The Centre for the Study on Labor and Mobility

CV Curriculum Vitae

FAIR Integrated Program on Fair Recruitment

ICT Information Communication Technology

ILO International Labour Organization

LDC Least Developed Country

MRC Migrant Resource Centers

NAFEA Nepal Association of Foreign Employment Agencies

NEEK Nepal Ekarat Engineering Company

NGO Non-governmental Organization

NNSM National Network for Safe Migration

PDOT Pre-departure Orientation Training

QVC Qatar Visa Center

SaMI Safe Migration Initiative

USAID United States Agency for International Development

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1. EXECUTIVE SUMMARY

Introduction:

• Definitions of “ethical recruitment” vary greatly by organization, government, and context (national or cross-border recruitment). An important principle of ethical recruitment in cross-border migration is an “employer pays” model where jobseekers do not have to pay hefty recruitment fees for finding employment abroad.

• Nepali overseas workers migrate primarily to Southeast Asia and the Gulf countries. Sectors of work vary significantly by geography and gender.

• Global standards on ethical recruitment principles include provisions on ensuring human rights of migrant workers, prohibition of coercion and fraud in the recruitment process, and ensuring an “employer pays” model of recruitment fees.

Recruitment Models:

• A review of recruitment agencies from Cambodia, Nepal, and Philippines reveals various challenges in enforcing ethical recruitment practices from the perspectives of agencies: high costs, lack of business-friendly government policies, “no shows” of jobseekers after placement, a lack of demand from employers, among others.

Key Challenges:

• Key challenges identified in enforcing ethical recruitment in cross-border recruitment in Nepal include:

o Norms and expectations: challenges related to lack of awareness of migrant workers’ rights and understanding of policies like Free Visa, Free Ticket; poor incentives structures for migrant workers who do not have to pay any fees during recruitment; lack of trust in recruitment agencies and online platforms.

o Ineffective pre-departure preparation: training, both in terms of pre-departure orientation and skill building, does not often meet employer demands, is not designed with specific country contexts in mind, and are inadequate in duration and implementation quality.

o Returnee migrant workers: migrant workers returning to Nepal with higher skill levels are unable to successfully connect to employers who are looking to hire skilled workers. Current programming around labor migration issues do not adequately meet returnee migrant worker needs.

o External demand: many recruitment agencies feel that foreign employers need to demand ethical recruitment in their supply chains more strongly and should be

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willing to pay higher fees as a result. This will allow recruitment agencies to continue functioning in a financially viable manner while practicing ethical recruitment.

o Technological barriers: online platforms require literacy and digital knowhow prerequisites that are often lacking among unskilled and skilled workers. These barriers tend to disproportionately affect women more.

o Shared understanding: there is an absence at present of a shared understanding of ethical recruitment as a concept and this impedes further enforcement of such principles.

Best Practices:

• Current best practices in the sector include the following: o Effective outreach mechanisms leveraging returnee migrant workers and full-time

staff members in regional outreach offices. o Specific and targeted pre-departure orientations that include comprehensive

information on aspects like climate, labor laws, and cultural norms in destination countries.

o Bilateral agreements that tend to be binding and are implemented more consistently, like the recent agreements between Nepal and Jordan, and Nepal and Malaysia that include ethical recruitment principles.

o Policies of destination countries that are considerate to migrant worker needs, like Qatar’s policy of visa centers where information on migration and all related processes are provided at one location in a transparent manner.

Recommendations:

• Recommendations for the Hamro Samman team include: o Addressing norms: launching awareness campaigns among target beneficiaries to

promote understanding of worker rights and ethical recruitment principles. o Improving pre-departure orientations: partnering with current implementation

organizations to improve design and practice of current pre-departure trainings. o Working with returnee migrant workers: reviewing existing programs that target

returnee migrant workers and potentially designing new job preparation programming for this target audience.

o Accessible technology: ensuring that the partner technology platform take into account literacy levels of the target audience by incorporating audio-visual elements. Prioritizing transparency of information is needed to build user trust.

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o Building shared understanding: facilitating dialogue across disparate stakeholders and advocating for promising policies.

2. INTRODUCTION

2.1 DEFINITIONS

Definitions of responsible or ethical recruitment vary greatly across different stakeholder groups. The International Labour Organization (ILO) have identified 13 broad principles of ethical recruitment in their General Principles and Operational Guidelines for Fair Recruitment report that demand broadly: recognition of international human rights and labor standards, transparency in recruitment processes, prohibition of coercion or fraud in the recruitment process, and avoidance of recruitment fees being borne by the workers.1

Domestic employers in Nepal defined it more in terms of ensuring equal opportunities to workers. The representative from NEEK2 phrased this as “everyone being able to access the same job openings and vacancies.” Sharma & Company used described ethical recruitment as “hiring the right people, at the right time, in the right position” and also as workers receiving their pay on time.3

The ILO team in Nepal believed that the concept of ethical recruitment, by their definition, is still very new in Nepal. They clarified that their experience has been limited to focusing on cross-border recruitment and were not able to specify to what extent recruitment within Nepal followed ethical recruitment practices.4 The ILO team also identified FSI Worldwide as an ethical recruitment agency that they had worked with in the past.

FSI Worldwide defined ethical recruitment as implementing the “employer pays” model where all costs related to recruitment are borne not by the jobseeker but the employer.5 The National Association of Foreign Employment Agencies (NAFEA) similarly defined ethical recruitment as being primarily led by the employer and framed the role of the recruitment agencies more as “service providers.”6

2.2 STATUS OF CROSS-BORDER MIGRATION

In recent years, Nepali overseas workers have migrated mostly to Southeast Asia and the Middle East. Trends in obtaining labor permits and specific shares of the top destination countries are displayed below in Figures 1 and 2.

The sectors that workers join vary based on the destination country and by gender. For

1 ILO 2016, 8 2 NEEK, January 21 meeting 3 Sharma & Company, January 17 meeting 4 ILO, January 16 meeting 5 FSI Worldwide, January 22 meeting 6 NAFEA, January 23 meeting

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instance, in Malaysia in 2017, 57% of male Nepali migrant workers were employed as factory workers, and this proportion was 85% for females.7 In Qatar and Saudi Arabia, the highest proportion of male workers are employed in “unspecified” general labor, while the highest proportion of female workers are employed as “general cleaning” workers without sector specification in these two countries.8

Figure 1: Current trend in obtaining labor permits (2008 to 2017)9

Figure 2: Top destination countries for Nepali migrant workers (2013 to 2017)10

2.3 STANDARDS AND LEGAL FRAMEWORKS

Globally, the International Recruitment Integrity System (IRIS) Standard was developed

7 Government of Nepal, “Labour Migration for Employment,” 55 8 Ibid., 56 9 Government of Nepal, “Labour Migration for Employment,” 8 10 Ibid., 11

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within the UN system and recognized by the International Organization on Migration (IOM). The IRIS Standard identifies 5 Principles in its framework:

1. Prohibition of recruitment fees and related costs to migrant workers

2. Respect for freedom of movement

3. Respect for transparency of terms and conditions of employment

4. Respect for confidentiality and data protection

5. Respect for access to remedy11

In addition, as alluded to in Section 2.1, the ILO has also developed the General Principles and Operational Guidelines for Fair Recruitment. These guidelines are based on some binding standards in a few international labor conventions and on some non-binding standards like the ILO Recommendations and Declarations.12 These 13 principles include provisions related to the 5 IRIS Standard principles and additionally emphasize that recruitment should enforce internationally recognized human rights (collective bargaining, freedom of association, prohibition of child and forced labor) and should respond to established labor market needs (instead of undermining decent work, lowering wages, or displacing an existing workforce).13

Within Nepal, the current federal restructuring and broader governance reforms underway have allowed an opportunity for organizations like the ILO to advocate for more stringent ethical recruitment legislation. However, as the ILO themselves admit, the implementation of these laws are imperfect. 14 Sometimes laws seeking to curb unethical recruitment and trafficking-in-persons can have perverse effects: For example, banning the emigration of female Nepali workers for domestic or household help positions to the gulf countries has worsened vulnerability of the women who choose to defy this ban by opting to migrate through undocumented channels. Women now get trafficked through India with which Nepal shares an open border, domestic help positions get rebranded as the more formal “cleaner” in countries like UAE and Qatar, and women travel there only to find themselves trapped in the same exploitative work that the Nepali government sought to protect them from.15

More gender-progressive policies that do not restrict women’s mobility is one possible solution to avoiding this perverse effect. Other recommendations on restricting workers to opt for undocumented channels include more comprehensive PDOT and awareness campaigns among prospective migrant workers on their rights, labor migration laws, and the dangers and risks of opting for migrating through undocumented channels.16

11 IOM, “IRIS Standard” 12 The complete list of sources for the 13 principles can be found in Appendix 1 of the ILO 2016 document 13 ILO 2016, 8 14 ILO, January 16 meeting 15 ILO, January 16 meeting 16 Further recommendations on PDOT are noted in Section 5.2

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3. MODELS OF RECRUITMENT

3.1 BONGPHEAK

Bongpheak’s model provides a platform for low-skilled and unskilled workers to connect with jobs and employers. The platform charges no fees to the jobseekers and meets that requirement of responsible recruitment. However, Bongpheak operated as an NGO-funded operation and the model it chooses as it transitions to a social enterprise is yet to be determined.

Bongpheak also focuses on building trust between the platform and its users. It has done this by using a referral system where employers are added to the platform on the basis of word-of-mouth referrals of existing employees. This has potential for ensuring that employers on the platform offer decent work conditions, but Bongpheak’s team does not focus on ethical recruitment principles beyond this.17

3.2 FSI WORLDWIDE

The recruitment agency FSI Worldwide works on the “employer pays” model where they get paid by the foreign employer on a per jobseeker matched basis. The employer also pays for the visa and travel of the worker. However, in cases where jobseekers do not turn up for the job at the last minute, FSI has to return the costs borne by the employers. FSI also incurs a penalty in such “no-show” cases and in situations where workers break their contract terms (average duration is 3 years) and return to Nepal.

In terms of outreach, FSI Worldwide does not hire subagents and all mobilization is conducted through their own employees posted in field offices. FSI Worldwide advertises job postings mainly through the local newspapers, and also on social media platforms (primarily Facebook). A major source of mobilization for them are former jobseekers successfully placed by FSI (mostly ex-servicemen in the security sector) who then refer their friends and neighbors to the recruitment agency.

FSI Worldwide representatives mentioned the difficulty of sustaining their business model mainly due to the risks associated with “no shows.” Based on their interview responses, they do not appear to be profitable currently. FSI Worldwide has recently started exploring opportunities within Nepal in agribusiness to supplement their revenues, but these plans are at an early stage.18

3.3 NAFEA MEMBERS

Recruitment agencies who are members of NAFEA vary in their approach to ethical recruitment, but a spokesperson for the association as a whole spoke of the challenges of trying to enforce an “employer pays” model in the face of competition other neighboring source countries (India, Pakistan, Bangladesh) where agencies do not feel compelled to practice 17 Please refer to “Lessons Learnt from Bongpheak” for more details on their model. 18 FSI Worldwide, January 22 meeting

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ethical recruitment and are thus able to offer more competitive terms to foreign workers.19

Under the Free Visa, Free Ticket policy, the government has placed a ceiling on the level of fees that can be charged of jobseekers placed in foreign employment. Moreover, the cost of processing visas and the price of the air tickets are to be borne by the recruitment agency.20 However, the NAFEA spokesperson mentioned the numerous restrictions placed on them by the government in terms of initial capital requirements, and operational restrictions like not allowing offices outside of Kathmandu or hiring subagents that made it very difficult for them to sustain their business. NAFEA members thus feel “forced to charge jobseekers one month’s salary.”21 ILO representatives in their interview also agreed with this assertion. Namely, that the Nepali government has enacted legislation against recruitment agencies that is not business friendly. However, interviews with NAFEA did not clarify what price level would make NAFEA’s business model sustainable if revenues from jobseeker fees were excluded.22

3.4 RENSOL RECRUITMENT

Rensol Recruitment is an overseas recruitment firm that sources workers for corporate and government clients internationally. Their services for employers include recruiting workers in large numbers (referred to as "volume recruitment"), managerial recruitment, and nurse recruitment.23 Rensol also helps foreign employers with filing their registrations with the Philippine Overseas Labor Office (POLO) and Philippine Overseas Employment Administration (POEA). 24 Their recruitment process includes a skills assessment test, online verbal and numeracy skills tests, and a psychometric assessment.25

Rensol’s jobseeker-facing website is different and lists positions across the globe in heavy industries, oil and natural gas, construction, manufacturing, among other sectors.26 The PDOT includes curriculum on labor laws, culture in the destination country, worksite policies at destination, and other details of deployment.27

Rensol also employs a “no placement fee” model for jobseekers, even though the POEA allows for recruitment agencies to charge fees from jobseekers.28 They provide a “replacement guarantee” to employers but this is not expanded upon in their website. Various case studies on their website indicate that Rensol intervenes in employer-worker disputes as a mediator. Confirming to what extent these intermediation practices are in keeping with ethical recruitment principles, and if their stated model is practiced as declared, will need further research.

19 NAFEA, January 23 meeting 20 ILO, “AP Migration” 21 NAFEA, January 23 meeting 22 ILO, January 16 meeting 23 “Specialist Recruitment,” Rensol Recruitment 24 “FAQ,” Rensol Recruitment 25 “Volume Recruitment,” Rensol Recruitment 26 “Rensol Jobs,” Rensol Recruitment 27 “Volume Recruitment,” Rensol Recruitment 28 “Reasons We Advocate Zero Fee,” Rensol Recruitment

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4. KEY CHALLENGES29

4.1 NORMS AND EXPECTATIONS

A key challenge for ethical recruitment agencies is building trust and awareness among job-seekers. For example, FSI shared that when first traveling to Dolkha after the earthquake and telling people about ethical recruitment, most villagers thought it was a scam. As FSI’s name becomes more well-known, this becomes less of an issue, but they emphasized that this takes time.30 Nearly all stakeholders who work with migrant workers cited the issue of trust as very important and a priority in terms of creating and sensitizing an online platform, and ethical recruitment practices more broadly.31

FSI also shared that there can be a difference in attitudes among workers who have paid fees and those that have not, such as workers placed by FSI. Those who have not paid can feel less of a sense of obligation and may not show up for a job after the visa and tickets have been paid for by FSI. Similarly, works may end up returning to Nepal after just a few months versus remaining for the length of the contract. These instances can lead to reputational issues and fees for recruitment agencies.32

There are also trust issues around newer, less traditional methods of finding and securing employment, including websites and Facebook. Through a focus group, male migrant returnee workers expressed distrust of jobs posted on websites including Facebook due to past experiences that required membership and/or placement fees or paying a percentage of their salary as commission. Relatedly, some shared that jobs obtained through these websites resulted in less desirable working conditions and benefits as opposed to opportunities obtained through friends and relatives.33

Similarly, norms and expectations around fees and documentation management are a barrier to ethical recruitment practices. FSI explained that workers expect to pay fees and have their passports held, so when that does not occur, job-seekers may think they have not been selected, or that the opportunity is not reliable. FSI believes that expectations around their specific model have begun to change, as a result of their outreach and expansion to other sectors, as well as referrals from workers placed by FSI.34

4.2 PRE-DEPARTURE ORIENTATION AND TRAINING

Most stakeholders regard the existing PDOT programs as insufficient and ineffective.35 In this regard, stakeholders identified two main types of PDOT and skills training programs: one

29 The “key challenges” and “recommendations” sections mirror each other as closely as possible to match the SAIS team’s recommendations for the Hamro Samman team for the challenges identified. 30 FSI Worldwide, January 22 meeting 31 CESLAM, January 23 meeting 32 FSI Worldwide, January 22 meeting 33 FGD, male migrant returnee workers 34 FSI Worldwide, January 22 meeting 35 FSI Worldwide, January 22 meeting and others

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with the focus of providing immediate pre-departure information on the destination country for prospective migrant workers, and the other, on longer programs that try to build technical and soft skills of low-skilled and unskilled workers. These two elements are sometimes combined into the same program, as done in the ILO’s FAIR program, where a 2-day module on pre-departure orientation was combined into the 1-month long skills training for female garment workers.36

Oftentimes, Nepali workers may not have the required or desired skills prior to departing. Some stakeholders saw this as an opportunity, while others shared that “[source countries] hire … Nepali workers based on cost, not based on skill. There does not seem to be a demand for that additional skill.”37 Skills trainings must also align with the needs of employers. For instance, SaMI cited a successful training example in which they used the curriculum of a Dubai-based company, trainers trained by that employer, and similar tools and equipment as what was available in Dubai.38

ILO pointed out that the government is currently revising the PDOT curriculum which has so far been generic in its approach to destination country information, and usually administered through informal institutes. Only a few of the PDOT programs are offered through formal institutes in Kathmandu.39 Henceforth, the revised curriculum will have geography-specific information available, including for the Gulf countries and Malaysia. The updated curriculum will also be more visual and interactive, moving away from a lecture-based format.

Additionally, migrant workers may not realize the importance of upgrading their technical and soft skills. In SaMi’s experience, migrant workers often want to apply for jobs as soon as they receive their passport, and do not prioritize skills trainings.40 Speaking about the skills trainings that they have developed, SaMi shared that it has taken them six to seven years to make people aware of these trainings and convince them of the importance.

Another disconnect that has arisen was the finding from SaMI skills trainings that, “no matter what skills we provide, when [migrant workers] go to the labor market, they are still considered as low/semi or unskilled workers.” 41 Additionally, the ILO shared that some destination countries do not yet demonstrate demand for skilled workers, explaining that “they hire Bangladeshi and Nepali workers based on cost, not skills.”4243

36 ILO, January 16 meeting 37 ILO, January 16 meeting 38 SaMI, January 22 meeting 39 ILO, January 16 meeting 40 SaMI, January 22 meeting 41 SaMI, January 22 meeting 42 ILO, January 16 meeting 43 A comparative analysis between Nepal and Philippines on perceptions of foreign employers about skill levels of Nepali and Filipino migrant workers might be an interesting area of further study. Our interviews did not include this as a research question and thus do not reflect ILO or SaMI insights on this issue.

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4.3 RETURNEE MIGRANT WORKERS

There is a disconnect between returnee migrant workers who have developed additional skills abroad and Nepali employers who are looking for skilled employees.44 Returnee migrant workers themselves expressed difficulties in translating skills and experiences gained through foreign employment back into the Nepalese context and marketing these skills in order to find higher-skilled jobs than they had previously held.45

Stakeholders expressed a general consensus that the government programs that provide loans for returned migrant workers is a step in the right direction, but there is additional opportunity to work with this population, which remains “not as much of a focus.” Suggestions on engaging returnee migrant workers more effectively is detailed in Section 6.3.

4.4 EXTERNAL DEMAND

Many stakeholders emphasized the importance of external demand for ethical recruitment. As FSI shared, “a collective effort on the part of bigger companies only choosing to hire ethically – this would make a difference.”46 This was illustrated with the example of a company like Adidas deciding to implement ethical recruitment and hiring practices, which likely will result in a cost increase. Even a slight cost increase can put Adidas at a significant competitive disadvantage, so “all competitors need to agree and do this together.”

4.5 TECHNOLOGY

Technology can serve as a facilitating factor and barrier in the adoption of ethical recruitment. Many interviewees reported high and increasing use of various technologies, most typically the applications, Imo and Viber as well was WhatsApp. As described by SaMI, “they like using Imo and Viber – you only have to click. Even if you don’t have language skills, you can use it.” 47 There is also significant and increasing use of Facebook, because “People who cannot read and write can still use Facebook for sharing. [They] cannot type but can record … [and] communicate with voice messages.”48

Access to and familiarity with technology, as well as literacy levels, can all be barriers to adoption of an online platform, particularly a platform a targeting unskilled or low-skilled migrant worker. As stated by the ILO, “use of these platforms [involves] certain prerequisites of language and digital proficiency.”49 Most job-seekers use newspapers and word-of-mouth to find jobs, and as agencies such as FSI have found, there is “limited scope so far for online platforms.”50

These technology-related barriers disproportionately affect women migrant workers.

44 ILO, January 16 meeting 45 FGD, male migrant returnees 46 FSI Worldwide, January 22 meeting 47 SaMI, January 22 meeting 48 NNSM, January 18 meeting 49 ILO, January 16 meeting 50 FSI Worldwide, January 22 meeting

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AMKAS used the example of the Shuvayatra application51 to illustrate this, sharing that when piloting the app, they received 62 questions in one month, only two of which were from women. 52 AMKAS also explained that while many women migrant workers are illiterate, particularly those who are unskilled or low-skilled, they are generally “very active on Facebook.”53

4.6 SHARED UNDERSTANDING AND COMMITMENT

There is also a lack of clarity and agreement on definitions and practices. For example, ILO explained that the Free Visa, Free Ticket policy “confuses people,” and further that “people think the responsibility of visa and ticket costs [are] on the employer and that is all.”54 There are many other components of ethical recruitment, and standard definitions and a shared understanding are important to supporting these practices.

In addition to broadly agreed upon terms and practices, all major actors must be involved in ongoing discussions, policy development, and implementation. As the ILO said, “there is a circle of interdependence, and so, everyone needs to be committed to fair recruitment,”55 including source and destination governments, recruitment agencies and organizations such as NAFEA, civil society organizations, and employers and job-seekers themselves.

5. BEST PRACTICES

A range of best practices emerged through extensive desk and field research. These best practices range in scale from government policy to programming targeted at specific villages and individuals.

5.1 OUTREACH

In order to reach rural populations, which is typically done by sub-agents and brokers, FSI utilizes outreach offices and officers in eight districts. These officers have typically been previously established to support other projects and then are also able to disseminate information on opportunities and the application process. This allows FSI to reach rural job-seekers while avoiding the complications of working with agents and sub-agents, and related issues including the spread of disinformation and illegal fees.56

5.2 TARGETED ORIENTATION AND TRAINING

Equipping migrant workers with country-specific information and sector-specific skills is frequently highlighted as a key component in the Philippines’ approach to labor migration. Both 51 The Shuvayatra application provides a way for migrant workers to ask questions regarding migration and receive truthful information from AMKAS and other participating organizations. 52 AMKAS, January 24 meeting 53 AMKAS, January 24 meeting 54 ILO, January 16 meeting 55 ILO, January 16 meeting 56 FSI Worldwide, January 22 meeting

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the specificity of the PDOT, as well as the inclusion of information on workers’ rights, were cited as strengths.57

The ILO’s FAIR program, 58 implemented with Nepal’s Safer Migration Project (SaMI), included pre-departure skills training. This training aimed to provide workers with rudimentary skills as well as general workplace awareness and information on their destination (Jordan). This training is being updated based on employer feedback, with the goal of better preparing migrant workers while also achieving a cost reduction for employers who can then shorten their on-the-job trainings.59

Additionally, SaMI learned that a two-month training prevented workers from attending and has since adjusted its trainings accordingly to include 26 days of skills development and three days of life skills.60

5.3 BILATERAL AGREEMENTS

Several stakeholders highlighted agreements between Nepal and a specific destination country as recent successes. Specifically, the 2017 bilateral agreement between Nepal and Jordan includes ethical recruitment principles and was cited as a “model bilateral agreement.”61 The existing MOU with Malaysia includes the key provision of “no cost being borne by the jobseeker,” indicating “slow movement towards the ‘employer pays’ model.”62

While CESLAM acknowledges challenges in aligning bilateral agreements with international standards, they believe that “bilateral and regional platforms” work better than depending on non-binding international agreements.63 NNSM believes that the government “should have a bilateral agreement or at least talk with the government of the destination country to understand labor needs and prepare workers accordingly.”64

5.4 POLICIES & ACTIONS OF DESTINATION COUNTRIES

Qatar has implemented visa centers (QVCs) in 9 sending countries, including Nepal.65 These centers were highlighted by the ILO as an effective way to share information with workers and ensure a transparent contact process, as workers “can sign or reject contracts on the premises.” ID cards, biometrics, and other documentation is all issued on-site.66

The ILO explained that policy implementation is the primary challenge in terms of

57 CESLAM, January 23 meeting 58 “FAIR,” ILO 59 ILO, January 16 meeting 60 SaMI, January 22 meeting; An evaluation of the shortened skills training was not available, but it may be possible to get additional information on impact through follow-up meetings with the SaMI team 61 ILO, January 16 meeting 62 ILO, January 16 meeting 63 CESLAM, January 23 meeting 64 SaMI, January 22 meeting 65 https://www.qatarvisacenter.com/cnt/aboutus 66 ILO, January 16 meeting

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destination countries, where in many cases, laws do already exist. In addition to Qatar and the QVCs, they cite Bahrain as a country which is “serious” about implementation.67

6. RECOMMENDATIONS

Based on desk and field research, as well as existing best practices, there are a variety of ways that recruitment companies and/or NGOs working in this space can make changes to improve ethical recruitment practices, improve and encourage the use of ethical recruitment platforms or applications, and improve partnerships with employers.

6.1 CHANGING NORMS AND EXPECTATIONS

Integrating ethical recruitment practices into the labor market requires both awareness raising and trust-building. There exists both a lack of understanding of what ethical recruitment is and a distrust of processes and procedures that go outside the existing system which relies on fees, brokers, and word-of-mouth. This is exemplified by previously discussed issues around the Free Visa, Free Ticket policy.

Recruitment agencies and/or NGOs must provide clear, factual information and work to combat existing narratives and misinformation, particularly in areas outside Kathmandu. Hamro Samman may consider awareness-raising campaigns that are designed for low and unskilled workers in rural areas.

6.2 IMPROVING TRAININGS AND ORIENTATIONS

PDOT and skills trainings can be improved in a variety of ways. For example, providing sector-specific skills training is frequently cited as a strength of the Philippines’ approach to migrant workers. Improving the health and safety information provided can help address common problems, from dehydration and related kidney issues to injuries and deaths caused by confusion at road-crossings.68 Beyond the content, other suggested improvements include decentralization and making trainings available throughout Nepal (which is underway), and adjusting both the timing and duration so that the trainings happen earlier and for an amount of time that is sufficient but does not become a barrier.69

Hamro Samman could utilize existing knowledge and expertise to work with recruitment agencies and employers to develop trainings that meet the needs of all parties involved.

6.3 WORKING WITH RETURNEE MIGRANT WORKERS

Hamro Samman can play a role in connecting returnee migrant workers with employers in Nepal who are looking for skilled workers. Relatedly, these returnee migrant workers could benefit from services including interview practice and job placement support.

67 ILO, January 16 meeting 68 FSI Worldwide, January 22 meeting 69 CESLAM, January 23 meeting

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70 For example, IFAD is implementing a project, Samriddhi,71 in eastern Nepal that focuses on returnees and entrepreneurship.72

Returnee migrant workers can also build awareness of ethical recruitment practices among their personal networks. SaMi focuses on working with returnee migrant workers who make door-to-door visits and refer potential migrants to the migrant resource centers (MRC). In districts identified by the program, they work with 15-20 returnee migrant workers as paid volunteers who are able to effectively share information because people trust them based on their experience working abroad.

Conducting an assessment of existing programming in this space is advised for Hamro Samman. While there is increasing attention paid to working with returnee migrant workers, it is a newer area of focus, and there is not an abundance of this programming in existence yet in Nepal.

6.4 SUPPORTING EXTERNAL DEMAND

Hamro Samman may consider developing a “business case” to present to employers. This approach entails detailing the ways in which ethical recruitment practices can be of value to employers; both instrumental and intrinsic value should be considered. For example, if ethical recruitment agencies are providing higher-quality training to workers who are then more prepared and productive in their roles, the employer should be incentivized to hire from that agency.

Another facet of external demand relates to international cooperation and agreements, such as the Colombo Process and SAARC (South Asian Association for Regional Cooperation). These agreements can serve as accountability mechanisms and provide incentive and leverage for behavior change among governments and the private sector. Hamro Samman may be able to work with international organizations on the ongoing implementation of these agreements and associated reforms.

6.5 ACCESSIBLE TECHNOLOGY

In terms of platforms and applications, hybrid models present a strong opportunity to sensitize the use of online job-seeking and matching services, particularly given the current barriers to technological literacy and access. Rojgari’s pasal model can serve as an example of a hybrid solution which combines a physical storefront with online services.

There are specific features that can be incorporated to accommodate some of these technological barriers. These include ensuring the platform operates in the local language of the target population, incorporating phone calls and voice messages for those who may not have data and/or a smartphone, and prioritizing a simple and visual design.73 Platforms would also need to incorporate the registration number of the job listing, with is issued by the 70 FGD, male migrant returnees 71 IFAD, “Samriddhi” 72 ILO, January 16 meeting 73 CESLAM, January 23 meeting

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government. Without this number, “the information is not authentic.”74 Most interviewees expressed the belief that these applications and platforms could be successful in the future, as technology use and access increases.

6.6 BUILDING A SHARED UNDERSTANDING

Several stakeholders highlighted recent government stability and engagement in ethical recruitment as promising. While “the [ethical recruitment] agenda is rising in importance, implementation and transparency are the issue.”75 This government momentum should be capitalized on while remaining aware of implementation limitations.

Hamro Samman may be well-positioned to advocate for improved recruitment processes with a variety of stakeholders, including NAFEA as well as the government. Relatedly, given the experience, expertise, and relationships cultivated by the team, Hamro Samman can facilitate discussions and policy change, ensuring that all relevant stakeholders are included and heard. For example, bolstering the understanding and legitimate use of the Free Ticket, Free Visa policy can be seen as a first step towards widespread ethical recruitment practices. Hamro Samman could spearhead an initiative to more widely sensitize this policy and work towards adherence with recruitment agencies.

74 SaMI, January 22 meeting 75 ILO, January 16 meeting, CESLAM, January 23 meeting

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BIBLIOGRAPHY

Government of Nepal, Ministry of Labour and Employment. Labour Migration for Employment: A Status Report for Nepal – 2015/16–2016/17. Accessed April 12, 2019. https://asiafoundation.org/publication/labor-migration-for-employment-a-status-report-for-nepal-2015-2017/.

International Fund for Agricultural Development (IFAD). “Samriddhi: Rural Enterprises and Remittances Project.” Accessed April 20, 2019. https://www.ifad.org/en/web/operations/project/id/1724/country/nepal.

International Labour Organization (ILO). “Asia Pacific Migration.” Accessed April 21, 2019. http://apmigration.ilo.org/news/explainer-10-things-about-free-visa-free-ticket-for-nepali-migrant-workers.

International Labour Organization (ILO). General Principles and Operational Guidelines for Fair Recruitment. Geneva: ILO, 2016.

International Labour Organization (ILO). “Integrated Programme on Fair Recruitment (FAIR).” Accessed April 1, 2019. https://www.ilo.org/global/topics/labour-migration/projects/WCMS_405819/lang--en/index.htm.

International Organization for Migration (IOM). “IRIS Standard.” International Recruitment Integrity System. Accessed March 10, 2019. https://iris.iom.int/.

Qatar Visa Center. “About Us.” Accessed 10 April, 2019. https://www.qatarvisacenter.com/home

“Rensol Recruitment.” Accessed April 12, 2019. https://rensol.com/.