EESA1_28_06_11

Ministry of Labor, Social Affairs, Martyrs and
Disabled
Report on
Evolving Emigration System in
Afghanistan
Prepared By:
Muhammad Javaid
Consultant
Managing International Migration
June, 2011

Evolving Emigration System in Afghanistan 2011
Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan 2
Biography
Muhammad Javaid
The author was born on April 28, 1949, in Lahore, Pakistan. Having pass his master
degree in Economics from Punjab University, Lahore, Pakistan in 1972, he has
postgraduate diplomas from foreign Universities / institutions i) Development Planning
Techniques from Institute of Social Studies the Hague, (ISS) Holland, ii) Human
Resource Development, and iii) Applied Economics of Human Resources from Growth
Dynamic Institute, Erasmus University, Rotterdam, Netherlands.
The author started his career from government service in 1972 as Statistical Investigator
in Population Census Organization and rose to the status of Chief Planning &
Development Division. In-between he served as Research Officer & Assistant Chief,
Deputy Chief and Chief in various important ministries. He finally retired as Chief of
Planning Commission. He has also severed as Project Director/Deputy Project Director of
various development projects. He has served as Principal Staff Officer and Special
Assistant of Deputy Chairmen of the Planning Commission of Pakistan. He was closely
associated with the Chief Economist of Pakistan in finalizing various Economic Policies
and Plans and Development Projects. He has served as secretary of many important
technical committees & working groups.
During his 37 years career, he worked for Socio – Economic Development Projects,
Planning, Economic Research & Analysis, Human Resource Development, Management
/ Administration, Coordination, Organizing Capacity Building Programs, Monitoring &
Evaluation of Development Projects. He has the experience of preparing Project
Proposals of developing projects. He has produced many research papers for national and
international conferences /seminars /workshops.
The author is presently engaged in Social Sector Consultancy Services
(http://www.sscpk.org) at his own Office # 308, 3rd
Floor, Lord Trade Center, F-11
Markaz, Islamabad, PAKISTAN. His contact details are as follow:
Contact Details:
Work Address: Social Sector Consultancy Services
Office # 308, 3rd
Floor, Lord Trade Center,
F-11 Markaz, Islamabad, PAKISTAN
Email: mujavaid@yahoo.com
Telephone: +92-333-5299046, +92-51-2224360, +92-51-2102826 (Res.)
Fax: +92-51-2224359

ACKNOWLEDGEMENTS
This report is second in a series, prepared in accomplishment of developing a system for
proper management of international migration in Afghanistan. The first report issued
earlier suggested the various amendments in the existing Work Permit System, whereas
the current report suggests evolving a new set up for emigration system. The completion
of this report in a timely manner rather than before time schedule was made possible
through the kind assistance and cooperation of numerous individuals representing
national and international organizations. Especially, I am grateful to the Honorable
Deputy Minister Mst. Seema Ghanis, MoLSAMD for her commitment and leadership in
completion. I wish to acknowledge with grateful appreciation, the contributions made by
the Mr. Khair Muhammad “Niru” Director General, Directorate General of Manpower
and his colleague Mr. Zikruallah “Hafizi” Director for their valuable time in sharing
experiences, expertise and insights on which this report is based. I wish to extend my
thanks to Dr. Salim “Mastoor” DG, Policy, Planning & External Relation and all
concerned officers of the MoLSAMD for their Cooperation and support.
I am also grateful to acknowledge the managerial and logistic support extended by Mr.
Ahmad Jaweed “Jalali” Project Manager who efficiently not only arranged meetings with
all stakeholders to obtain their views and comments on the subject but also translated all
relevant legislation, rules and regulation on emigration from Dari to English. He also
provided the support to handle the logistic and administrative problems. I am also
grateful to Miss Tahmina “Nooristani” who assisted in translation. I also wish to
acknowledge with grateful appreciation the I.T support of Mr. Ihtesham-ul-Haq,
International Consultant for Development of Work Permit System and his colleagues Mr.
Nisar Ahmad “Miakhail”. Last but not least I wish to express my grateful thanks to the
Proprietors/ Directors of three private promoting companies for their cooperation and
sharing their experience. Their comments and suggestions also helped in accomplishment
the task assigned to me.
Muhammad Javaid
Consultant
Managing International Migration
June, 2011

Acronyms
GoIRA Government of Islamic Republic of Afghanistan
MoLSAMD Ministry of Labor, Social Affairs, Martyrs and Disabled
AC2006 Afghanistan Compact of January 2006
CP Colombo Process
GDP Gross Domestic Product
HRD Human Resource Development
POEA Philippines Overseas Employment Administration
OFWs Overseas Filipino Workers
OWWA Overseas Workers Welfare Administration
MOU Memorandum of Understanding
SLBFE Sri Lanka Bureau of Foreign Employment
MFEPW Ministry of Foreign Employment Promotion & Welfare
BE&OE Bureau of Emigration and Overseas Employment
OEP Overseas Employment Promoter
FSA Foreign Services Agreement
OEC Overseas Employment Corporation
OPF Overseas Pakistanis Foundation
AW Afghan Worker
DDAWA Directorate of Dispatching Afghan Workers Abroad
TOR Terms of Reference
POWP Private Overseas Work Promoter
FE Foreign Employer
ILO International Labor Organization
IOM International Organization for Migration
RDWA Regulation on Dispatching Workers Abroad
MoFA Ministry of Foreign Affairs
MoI Ministry of Interior
WPS Work Permit System
WPU Work Permit Unit
WPC Work Permit Card
BOM Bureau of Migration
DG Director General
PRU Policy & Research Unit
ERC Emigration Registration Card
CCoE Cabinet Committee on Emigration
SCES Steering Committee on Emigration System

Table of Contents
Vision and Mission __________________________________________________________________ 8
1. Background ____________________________________________________________________ 9
2. Introduction___________________________________________________________________ 11
2.1 Objectives _________________________________________________________________ 13
2.2 Structure of the Report _______________________________________________________ 14
3. World Experience ______________________________________________________________ 16
4. Emigration Setup in the Contemporary Countries___________________________________ 18
4.1 Philippines_________________________________________________________________ 18
4.2 Sri Lanka__________________________________________________________________ 21
4.3 Pakistan___________________________________________________________________ 25
4.4 India _____________________________________________________________________ 29
4.5 Finding ___________________________________________________________________ 29
5. Emigration Procedure in Afghanistan _____________________________________________ 32
5.1 Institutional Setup___________________________________________________________ 32
5.2 Legislation_________________________________________________________________ 33
5.3 Processing Procedure ________________________________________________________ 35
5.4 Experience of Private Sector___________________________________________________ 37
5.5 Findings___________________________________________________________________ 40
6. Recommendations to Evolve Emigration System ____________________________________ 43
6.1 Institutional Setup___________________________________________________________ 43
6.1.1 Cabinet Committee on Emigration (CCoE) _______________________________________ 44
6.1.2 Steering Committee on Emigration System (SCES)_________________________________ 46
6.2 Registration of Emigrants _____________________________________________________ 46
6.2.1 Registration of Direct Emigrant ________________________________________________ 46

6.2.2 Registration of Group Emigrants _______________________________________________ 47
6.2.3 Registration of Indirect Emigrants (Through POWP) _______________________________ 47
6.2.4 Processing of Public Sector Demand ____________________________________________ 49
6.3 Emigration Registration Card (ERC) ____________________________________________ 49
6.4 Procedure for the Issuance of Licenses to POWP___________________________________ 50
6.4.1 Issuance of New License______________________________________________________ 50
6.4.2 Renewal of License__________________________________________________________ 52
6.4.3 Appeal Process _____________________________________________________________ 53
6.5 Service Charges for POWP____________________________________________________ 54
6.6 Code of Conduct for POWPs __________________________________________________ 54
6.7 Appointment of Labor Attachés ________________________________________________ 56
6.8 General Recommendations ____________________________________________________ 57
Annex - A ORGANIZATIONAL STRUCTURAL (POEA)____________________________ 60
Annex - B ORGANIZATIONAL CHART (SLBFE)__________________________________ 61
Annex - C The Regulation on Dispatching LaborersAbroad ___________________________ 62
Annex - D Procedure of Issuing Work License to Private Work Promoter and Dispatcher
Company of Afghan Workers to Abroad __________________________________ 68
Annex - E Work Promoting Agreement on the Employment of Afghan Workers Abroad
Between POWP and MoLSAMD_________________________________________ 71
Annex - F Commitment of Afghan Workers ________________________________________ 75
Annex - G Work Finding Form of Dispatching Afghan Workers Abroad_________________ 76
Annex - H Emigrant / Employee Registration (Form E-1) _____________________________ 77
Annex - I UNDERTAKING ______________________________________________________ 79
Annex - J Permission of Processing Foreign Workers Demand_________________________ 80
Annex - K Emigrants / Employees Registration Through (POWP) (Form E-2)_____________ 81
Annex - L Consolidated Summary ________________________________________________ 83

Annex - M Specimen of Application to Director General By Intending POWP_____________ 84
Annex - N Application for New License______________________________________ 85
Annex - O SPECIMEN 0F GOOD CONDUCT/CHARACTER CERTIFICATE___________ 87
Annex - P SPECIMEN 0F BANK CERTIFICATE___________________________________ 88
Annex - Q UNDERTAKING OF POWP ____________________________________________ 89
Annex - R Application for Renewal of License _______________________________________ 90
Annex - S Organizational Chart of BOM ___________________________________________ 93

Managing the International Migration in
Afghanistan
Vision and Mission1
Vision
Creating enabling environments for Afghans to avail
employment opportunities existing in other countries in
conditions of decent work and simultaneously
regulating, coordinating and streamlining procedures
for the recruitment of foreign workers in the country
through innovation and technology.
Mission
Better managed international migration in order to
ensure greater employment of Afghans in other
countries with adequate safeguards for their protection
and a coordinated and computerized mechanism for
recruitment of foreign workers duly safeguarding the
national security, social order and upholding country’s
laws.
1
The Vision and Mission is designed keeping in view that the affairs of outgoing Afghan
workers and registration of Foreign Workers will be managed by one institution, which is
already under process to fulfill the commitment made in Colombo Process (CP)
conference by Afghan Government.

1. Background
The Government of Islamic Republic of Afghanistan (GoIRA) has initiated the
reorganization process of its various ministries/institutional setup, reframe its policies and
streamline the procedures which deteriorated due to the decades of disturbance. The
Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is following the
government policy and engaged in restructuring its various departments. It is
simultaneously developing an effective mechanism for managing international migration.
The first report was prepared on streamlining the procedure of Work Permit System
(WPS) in Afghanistan in which administrative and procedural reforms were suggested to
make it more effective and competent. It is second report prepared in accomplishment of
managing the international migration in the country. This report covers the
recommendations to evolve a system for proper management of Afghans proceeding
abroad to avail the employment opportunities existing in neighboring and Middle Eastern
countries as well as in rest of the world.
In Afghanistan Compact of January 20062
(AC 2006), the social and economic benefits
of labor migration were recognized and decided to make arrangements/agreements with
other countries in the region by 2010 enabling Afghan nationals to avail employment
opportunities and send remittances home. However, in the absence of proper managing
the emigration system in the country the objective couldn’t achieved so far. The present
report is an effort in providing a base to implement the decision. Since in the past
migration process was dominated only by refugees, therefore all regulatory framework
and institutional setup subjugated to deal their affairs. However, some legislation was
made and a Directorate was established in 2006 to deal with emigrant’s affairs which
could not be functional so far. There is need to review the existing rules and regulation,
procedure and institutional setup to develop a comprehensive and effective system to
facilitate the intending migrants in pre-migration process, their responsibilities after
arrival at destination country, protecting their rights and involve them (including
refugees) in economic development process of the country after returning back. The
suggested system in this report will serve as a main instrument to achieve the objectives
of the AC 2006 and regularizing the process of Afghan emigration.
2
An International Conference was held in London from 31 January – 1 February 2006 on
Afghanistan to determine the strength of international community and their partnership to improve
the lives of Afghan people, and to contribute to national, regional, and global peace and security.
The conference is known as AC 2006.

It is worth mentioning here that Afghanistan is a member of many international and
regional forums. The Colombo Process 3
(CP) is one of them. Being a member, it has
some obligations/commitments to develop an institutional and regulatory framework
together with building and strengthening institutional capacity. The first Ministerial
Consultation of CP was held in 2003 in Colombo, Sri Lanka. Since then three
consultation meetings have followed in Manila in 2004, Philippines, Bali, Indonesia in
2005 and Dhaka, Bangladesh in 2011. The consultations have been evolved so far on the
following areas:
 To develop an effective managing migration system to facilitate the
intending migrants and to eliminate undocumented migration, unethical
practices concerning migrant workers and strengthen monitoring and
evaluation.
 Protection of the rights and providing better services to migrant workers;
 Optimal benefits from organized labor migration and;
 Strengthening and building institutional capacity, data collection and
dissemination and inter-state cooperation.
In response to these consultations, CP member countries have taken necessary steps to
manage labor migration by improving their existing rules and regulations, policies
concerning labor migration and by making changes in institutional setup or establishing
new government departments to streamline labor migration. However, Afghanistan as
compared to other members is far behind to fulfill its obligations. These have been
addressed in this report. Thus is serving the “pre-requisite” in fulfilling obligations falling
under AC2006 and CP.
3
The “Colombo Process” (CP) is a Regional Consultative Process (RCP) between labor-sending
governments, established in 2003. It has 11 regular members: Afghanistan, Bangladesh, China,
India, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam as well as
observer from eight labor receiving countries i-e Bahrain, Italy, Kuwait, Malaysia, Qatar, Republic
of Korea, Saudi Arabia and UAE.

2.Introduction
International migration is not a recent phenomenon. For centuries, people have moved
across borders in search of better opportunities. However, labor migration from one
country to other is not so freely possible now-a-days. It is the receiving countries’
policies/procedures determine the scale of migration flows from the source countries.
Contemporary labor migration, however, has been impeded by the inconsistent values of
globalization. It is an important source of economic growth and development for
individuals as well as nations. It contributes to growth and prosperity of destination and
source countries provided it is properly managed. For the developing countries, from
where these migrants principally arrive, these outflows usually offer significant economic
advantages. The high rates of population growth and limited employment opportunities in
these countries, migration offers a safety valve. The economic contribution of migration,
especially towards poverty reduction, employment generation and women’s
empowerment is extensive. It is also an effective mechanism of transferring new skills
from “host” to “source” countries. Returning migrants may bring knowledge and new
skills as well as social capital to the country, which can make a positive contribution to
the national socio-economic development, provided they intend to utilize.
The temporary migration has increased recently than permanent migration; many
returned migrants do not put their skills to work at home due to status conscious or
unavailability of same working environments. The migration aggravates income
inequality in the country. No doubt that Migration raises the foreign exchange reserves
and incomes of families, but do not create jobs at home country if effective utilization
policy is not framed.
The remittances sent by migrants have a significant role in economic development of
source countries. It not only provides livelihoods for their families but also much needed
foreign exchange to support the local economy. Remittances are a significant source of
foreign exchange for the countries and play important role in the economic growth.
However, the economic benefits offered by migration have not brought sustainable
change in economy of labor dispatching countries and come with grave social costs. To
increase the foreign exchange reserves, the most of the countries adopted liberated labor
migration policies. Resultantly the highly skilled, educated and professionals proceed
abroad and create brain-drain in the country and also social and cultural problems. The
loss of any scarce skilled and qualified labor may restrain their economic development.
Migration and remittances are, however, powerful economic forces for every country that
cannot be easily ignored. Migration has unambiguously raised the income of millions of
workers and their families. It has encouraged investment in education and training in
labor dispatching countries. Migration makes a critical difference in poverty level of the
countries however at the same time it aggravates income inequality.

Afghanistan’s labor force is characterized4
by a surplus labor, most of which is belong to
rural and backward area and have remote chances to get sustainable and secure
employment. The labor force is primarily semi skilled and there is a high level of
illiteracy. With globalization and technological innovation, the nature of demand in all
over the world is changing. The demand for migrant workers in the developed economies
has shifted towards the highly skilled. Nevertheless, semi-skilled migration still
represents the majority of migrant flows. The pattern of demand in Middle-East countries
is also shifting from non skilled to semi-skilled and production workers. Afghan
workforce being hard workers is still preferable for the non skilled and some specific
jobs. However, the acceptance of Afghan workers is restricted due to the circumstances
existing in this region. Therefore, efforts are being made by MoLSAMD to clear the
perception about Afghan nationals and to tap the employment potential for them in other
countries particularly in Middle-East. The MoLSAMD is in process of signing the
technical labor dispatch protocols with the other countries.
However, there is dire need to prepare Human Resource Development
(HRD) policy to enhance the skills of Afghan workforce to compete the other
countries’ workforce. HRD policy is not only required to meet the country’s
own requirements but also to reduce the dependence on foreign workers
which are presently engaged in the country. Afghanistan suffered a loss of
skilled and professional personnel during last three decades of conflict prior
to 2001, leaving a dearth of qualified professionals to take up posts in the
government and private sector. HRD policy is also inevitable to cover the
loss occurred due to civil war of last three decades as a result of Soviet
Union’s invasion in 1979.
The ministry has also taken some other measures and initiated to involve the private
employment agencies to explore the employment opportunities and send Afghan
workforce to foreign countries. Initially about eight private agencies are allowed to
promote labor migration to other countries.
Inspite of these, more efforts are required to establish an institutional mechanism for
managing international migration particularly with regard to sending Afghans for
employment in other countries. Inadequacy of the institutional mechanism for managing
the emigration of the Afghan workforce is the main issue that needs to be addressed for
drawing benefits of the existence of a large demand for expatriates in host countries
particularly in the Gulf region. It is also pertinent to have an institutionalized set up to
4
According to the Labor Market and Information Analysis Unit (LMIAU) in MoLSAMD, 80 per
cent population belongs to rural areas, 80-90 per cent employment is in the informal sector, and 50
percent population is below 25 years. According to World Bank’s research 45 per cent self-
employed in informal sector and 10 percent employees in formal sector.

coordinate and regularly follow up the bilateral agreements with other countries keeping
in view availability of manpower in the country.
The managing the emigration is relatively a new phenomenon for Afghanistan. In the
past, refugees dominated the scene. Recently, it is shifted from that of refugees toward
economically-motivated labor migrants. Hence, it is time to review the existing system
and to establish an efficient and effective mechanism to properly manage the labor
migration. The system should be efficient to register all out going Afghan workers and to
provide them support, guidance and protection at all stages of migration. The system
must have rules and regulations for private agencies to promote the labor migration,
welfare and employability programs for returning migrants. Many labor sending
countries particularly Philippines, have established institutional mechanism that is
efficient in facilitating not only out going workers but also many programs for the
returning migrants to utilize their skills and experience for economic growth and
development of the country. The experience of labor sending countries needs to be
carefully looked into for adoption and replication in Afghanistan.
2.1 Objectives
Labor migration from Afghanistan is not being properly managed. It is largely attributed
to an insufficient regulatory and institutional framework as well as capacity. Many
countries in the region are having rich experience in managing migration and being a
member of international and regional forums, Afghanistan could draw the benefit of their
experience in developing an emigration system in the country. The regional and
international partners could also provide the technical assistance to establish an effective
and efficient emigration system in Afghanistan but it could not be done so far. The
objective of this exercise is to review the existing system of contemporary countries and
Afghanistan and make concrete recommendations to evolve mechanism to manage the
migration. The aim is to develop a regulatory and institutional framework getting benefit
from the experience of regional and international partners. Thus, in view of the objectives
and goals, this report focuses on the following areas:
i) Review of existing legislation, institutional set up, rules and
procedures in Afghanistan;
ii) Review of systems existing in other countries;
iii) Measures to establish the emigration system/mechanism
including regulatory framework;
iv) Evolve the procedure for the registration of emigrants;
v) Regulate the private sector to promote overseas employment;
vi) Mechanism for protecting the rights of emigrants;
vii) Simplification of procedure;

viii) Addressing the complaints of emigrants; and
ix) Defining the roll and responsibilities of stakeholders;
The ultimate aim is to develop an effective and comprehensive management of migration
of Afghan nationals proceeding abroad for employment and to check irregular /
undocumented migration. The report will cover all phases of the migration process faced
by the emigrants. It will cover pre-migration process, responsibilities of emigrants at
destination country, responsibilities of Afghan foreign missions to protect the rights of
emigrants, the recruitment procedure particularly by private employment promoters,
welfare and other supporting services for migrants in the countries of origin and
destination. The focus is also on providing services to migrant workers in term of pre-
departure orientation as well as post-arrival information dissemination and the provision
of welfare services. Finally, the proposed system will be competent to generate the data
on emigrants and their characteristics, Private Overseas Work Promoters (POWP) etc.
2.2 Structure of the Report
The Section One provides the background and emphasizes the justification to manage the
labor migration. This section also highlights the international obligation/commitments of
Afghan government which are due under Afghanistan Compact of January 2006 (AC
2006) and Colombo Process (CP).
The Section Two provides the introduction and impact of migration on the economy. It
emphasizes the contribution of labor migration towards poverty reduction and
employment generation. It also covers that how it can accelerate country’s growth and
boosts its resources and development through remittances. The section covers the
importance of utilization of returnee’s skills and expertise for the capacity building. The
Characteristics of Afghan labor force are also explained in the section and the efforts
made by MoLSAMD to absorb it in Middle-Eastern countries. The section also covers
the objectives and structure of the report.
The Section Three narrates the world experience on migration. The section not only
indicates the trend of international migration but also draws the attention towards the
importance of migration and its outcomes. The section points out constraints of
migrations and reasons of undocumented migration. The section also gives the idea about
the importance of remittances in the economy, budgets and its share in Gross Domestic
Product (GDP) of various countries.
The Section Four review the successful emigration systems evolved in various source
countries. The section also reviews the institutional setup existing in these countries to
facilitate and protect the rights of out-going workers. The system and organizational

structure existing in Philippines, Sri Lanka, Pakistan and India is discussed along with the
salient features of their policies.
The Section Five cover the review of existing legislation and institutional setup to
manage the affairs of out-going Afghan workers. It reviews the procedure prepared in
pursuance of legislation for implementation. The procedures for license issuing to Private
Overseas Work Promoters (POWPs) and contract designed for the POWPs and emigrants
are also evaluated. The responsibilities and organizational structure of Directorate of
Dispatching Afghan Workers Abroad (DDAWA) is analyzed. Three Private Overseas
Work Promoters (POWPs) are interviewed to find out their acquaintance with the system
and problems. Their experience and views are also presented in this section.
Finally the Section Six presents the recommendations to evolve the emigration system.
This section carries recommendations to make changes in the existing legislation,
institutional setup, establishing policy formulation forum and monitoring setup. The
section includes the composition and ToRs for the cabinet committee made responsible
for the policy preparation and its approval. The criteria and procedure for the issuance of
new/renewal licenses to POWPs and their code of conduct is recommended. The
procedure for addressing complaints of POWPs and appeal process is also designed.
Moreover the criteria charging service charges/commission by POWPs from emigrants is
also recommended.
The procedure for the registration of direct emigrants, group visas, and emigrants
proceeding abroad through POWPs is also suggested in this section. The section includes
various Forms designed for the registration of different categories of emigrants,
undertaking for the emigrants and POWPs, the design of registration card to be issued to
emigrants, and format of applications to be used by the POWPs for the obtaining first
time license and its renewal. Similarly it includes the processing procedure of public
sector demands.
Some responsibilities of various departments/ institutions involve directly or indirectly in
the process of managing emigration system are redesigned. Ministry of Interior (MoI)
and Ministry of Foreign of Affairs (MoFA) are important stakeholders therefore their
roles are redefined.
The appointment of labor attaches and their responsibilities is discussed along with
alternative if at present it is not possible to appoint them due to financial constraints.
Some general suggestions are also made to promote the overseas migration. Some of
these may be considered as guidelines for preparing first “Emigration Policy” of the
country.

3. World Experience
Migration accelerated in the mid-1970s, when rising oil prices caused a phenomenal
surge in contract migrant labor in the Middle East due to construction boom. Since then it
has become an important subject for many countries depending on the foreign
remittances. In most of the Middle-Eastern countries the labor force consists of up to
80% migrant workers. The majority of the migrants belong to Philippines, Pakistan,
Indonesia, Sri Lanka, Nepal, India and Bangladesh. These countries also send labor to
Japan, South Korea, Taiwan, Malaysia and Thailand. In terms of percentage of migrants
as a share of the total population5
, the Philippines and Sri Lanka have over 10 percent and
9 percent of population abroad respectively, and Afghanistan more than eight percent.
Proportions of other countries in the region are much lower i.e. 3.3 percent for
Bangladesh and Nepal, around 2.5 percent for Pakistan and Viet Nam, and around one
percent for Indonesia and Thailand. The percentage for India and China is less than one
percent of population.
Out of top 10 emigration countries of worldwide, five countries belong to CP: India,
China, Bangladesh, Pakistan and Philippines. Pakistan almost has doubled its annual
labor outflow during last few years followed by Bangladesh with 87 percent increase,
Nepal with 80 percent, Philippines with 48 percent and Indonesia with 33 percent. In
absolute numbers, the Philippines is at top followed by Indonesia and India. In general,
the outflows have started to decline since 2009 for most of the countries except for the
Philippines and Nepal. All these countries have prepared an excellence migration policies
and institutional setup to manage migration.
Migrant workers are motivated by a lack of employment opportunities in their own
country and avail the chance of a better life to migrate in foreign country. Their decision
is triggered when the combination of these “push” and “pull” forces overwhelms the
wrench of leaving familiar surrounds and the risks of the unknown.
The choice of destination is greatly constrained by expense - travel costs, official permit
fees and other related expenditures, all too often, the unofficial levies of intermediary
expenses. The poorest are least able to overcome these obstacles. It is not uncommon in
most of the source countries that people sell their valuables to finance their migration for
employment. The most of the people prefers to move the nearest “host” country due to
financial constrain and comparing other risks.
Many illiterate and unskilled workers choose to take their chance as “undocumented”
migrants, entering a country indirectly by overstaying a visa or use of social visit visa for
the purpose of employment and directly by crossing an unprotected border. Such
migrants often found work thanks to opportunist employers who ask no questions in
return for a pliant labor force, beyond the protection of minimum standards of pay and
conditions. The UN estimates that there are 20-30 million undocumented global migrants
5
The data in terms of percentage of migrants as a share of the total population is from the statistical
bulletins issued by various labor sending countries and referred in International Organization for
Migration’s (IOM) publications.

including 11 million in the US. Whether documented or undocumented, the jobs available
to migrant workers tend to be those rejected by the local population. In many countries
undocumented migrants live in daily fear of round-ups, abusive treatment in detention
centers and mass deportation. Many migrant workers are professionals who take on jobs
that do not utilize their full skills and potential.
Since the beginning of the 1980s, demand for female migrant workers had grown so that
women increasingly came under pressure to go abroad to find a job. The character of the
labor migration has changed and is now almost outnumbered by women. The women
comprise around 48% of all international migrants, often leaving their children and
families behind, and mostly engaged as domestic labor. However, it is observed recently
that the number of female migrants leaving through formal channel have decreased
raising concerns that more women are moving without documentation.
Low and unskilled migration flow is still dominant. Although the skilled workers are
migrating abroad but the flow is relatively small as compared to unskilled. The migration
of skilled workers is recognized from information technology, health and services sector.
Remittances are playing an important role in the economy of various countries and also
bringing prosperity in the lives of millions of migrant families. Remittances labor sending
countries are steadily increasing with only a partial slow down in some countries due to
economic crisis in 2009. Overall, the quantum of remittances transaction has been
double6
during last five years. However, the remittance amounts are reported at lower
than actual remittances sent as still these are being transected through informal channels,
such as Hawala/Hundi system and through friends. The transaction in real terms is even
more than as reported as number of migrants brings it with them both in cash and in kind.
Remittances often represent a significant percentage of Gross Domestic Product (GDP)
and the greatest source of foreign currency for many countries. In term of percentage of
GDP, constituted by remittances is more significant. The remittances constitute 6 percent
of GDP in Pakistan, 7 percent in Viet Nam, 8.9 percent in Sri Lanka, 11.7 percent in
Philippines, 11 percent in Bangladesh and 23.9 in Nepal.7
Most of the countries’
economies depend on remittances, the flow of which more stable than and less affected
by economic downturns compared to foreign direct investments and trade.
The non-financial benefits of migration are more difficult to assess. Connections between
migrants and their communities back home open up opportunities for trade, investment,
and transfer of skills. Conversely, developing countries are increasingly aware of the
psychological pressures on family members caused by prolonged absence of one or both
parents. According to one estimate about two million Philippine children fall into this
category.
6
Migration and Remittances Factbook 2011, 2010, World Bank, Washington.
7
World Bank Report, 2010.

4. Emigration Setup in the Contemporary
Countries
Many countries of the world have developed an effective institutionalized systems for
managing the migrants workers, which not only facilitating emigrants but also have many
supporting institutional setup for the welfare of the returning migrants and utilize their
skills, experience for economic growth and development of the country. Different rules,
regulations and provisions relating to emigration are in force in various countries around
the world. The experience of these countries may be utilizes to develop an effective
mechanism to regularizes the emigration in Afghanistan. The legal setup/administrative
and institutional arrangement of some successful countries in the South Asian countries
are as appended below:
4.1 Philippines
The Republic of the Philippines depends so greatly on migration for their economic
strength and giving top priority to emigrants and their affaires. The emigration in
Philippines is being regulated under Migrant Workers and Overseas Filipinos Act of 1995
(RA 2042) and amending Acts i-e RA 10022 (2010): “Migrant Workers and Overseas
Filipinos Act of 1995”, which further amended to improve the standard of Protection and
Promotion of the Welfare of Migrant Workers, their families and overseas Filipinos in
distress, and for other Purposes. The main focus of legislation is to regulate the
emigration process and to cover each and every aspect of it. The recent amendments
focus is to enhance the welfare provision. Philippines Overseas Employment
Administration (POEA) is responsible to look after the affairs of overseas Filipinos. The
main functions of POEA are as under:
 Promote and develop the overseas employment program;
 Protect the rights of migrant workers;
 Regulate private sector participation in recruitment and overseas placement
maintain registry of skills;
 Secure best terms of employment for Overseas Filipino Workers (OFWs);
 Evaluation of the levels of OFWs in receiving countries and processes
employment contracts;
 Establishment of criteria for host countries to guarantee protection through a
certification process;
 Issues license to engage in overseas recruitment and manning to private
recruitment agencies and ship manning companies;
 Hears and arbitrates complaints and cases filed against recruitment and manning
agencies, foreign principals and employers, and overseas workers for reported
violation of POEA rules and regulations, except for money claims;
 Implements a system of incentives and Penalties for offenses such as illegal
recruitment and sending of minors abroad;

 Management of Overseas Filipino Resource Centers;
 Expend free access to skills and livelihood programs;
 Reinforced regulatory function;
 Assists departing workers at the ports of exit;
 Enters into Memorandum of Understanding (MOU) on the hiring of Filipino
workers with labor–receiving countries;
 Approves manpower requests of foreign principals and employers;
 Promote the use of the legal assistances fund to settle cases against abusive
employers; and
 Compulsory medical and life insurance for agency-hired workers;
The POEA has an organizational structure8
with the POEA Governing Board at the top.
The Secretary of Labor and Employment heads the Governing Board, and the POEA
Administrator as vice-chairman and representatives from the private, women, sea-based
and land-based sectors as members. The POEA Administrator oversees the daily
operations of the agency and is supported by three deputy administrators. The Deputy
Administrator for Employment and Welfare oversees the Pre-Employment Services
Office and the Welfare and Employment Office. Under the Deputy Administrator for
Adjudication and Employment Regulation are the Licensing and Regulation Office and
the Adjudication Office. The Deputy Administrator for Management handles the general
administrative and support services of the administration. The POEA has three Regional
Centers, four Regional Extension Units and six satellite offices.
POEA has complete network in the country and has a liaison with other related
departments. Each department play it’s define role. The following departments have their
direct or indirect supporting role in emigration system.
 Office of the President
 Department of Labor and Employment
 Department of Foreign Affairs
 Overseas Workers Welfare Administration (OWWA)
 PHIL-HEALTH
 Technical Education and Skills Development Authority (TESDA)
 PAG-IBIG
 Maritime Training Council
 Social Security System
 Department of Health
 Philippines Overseas Labor Offices
 Philippines Embassies
 Philippines Consulates
 Department of Foreign Affairs (DFA) Regional Consular Offices
8
The organizational Chart of POEA is given at Annex-A

According to the government estimates, more than eight percent of the country's
population currently resides abroad as migrants. The government has developed a
sophisticated policy and procedure to promote and regulate labor emigration. This system
has both a private and public component. On the private side, licenses are being issued to
Philippines-based agencies to recruit labor for employers in Middle-East and other
destinations. On the public side, the government established the agency that would later
become the Philippines Overseas Employment Administration (POEA), in order to
provide contract labor directly to foreign employers, maritime agencies, and
governments. The workers and recruiters enter into a contract that is enforceable under
Philippines law. In 1987, the government directed the POEA to be more active in the
protection of migrant workers' rights and welfare.
In 1995, one incident9
accelerated to focus on the rights of migrant workers, and to
reiterate the POEA's mandate to focus on migrant welfare and rights. The changes
enacted in 1995 also expanded the POEA's mission to include promoting the return and
reintegration of migrants. However, this emphasis on return never dismantled the overall
strategy of facilitating labor migration.
Although the Philippines government has turned over most of the responsibility for
recruiting workers to the private sector, it retains a regulatory role, with the stated
purpose of protecting workers from abuse and discouraging illegal recruitment. In order
to be licensed, a recruitment agency must be Filipino-owned, meet capitalization and
bonding requirements, and not charge workers more than one month's salary as a
placement fee. A Philippines consulate verifies the terms of each worker's contract with
the foreign employer. If the employer violate the terms of the contract, the Philippines-
based recruiter is held responsible through an adjudication process after the migrant
returns. Outside of the contractual relationship, the government has attempted to hold
entire countries responsible for the protection of its workers.
The Philippines government has also made arrangements for encouraging migrants to use
official migration channels, to send money home, and to eventually return at the end of
their contract. The system provides a number of subsidized benefits: pre-migration
training on social and work conditions abroad, life insurance and pension plans, medical
insurance and tuition assistance for the migrant and his or her family, and eligibility for
pre-departure and emergency loans. Registration for these benefits, which are
administered by the Overseas Workers Welfare Administration (OWWA), is compulsory
and costs less than $200 per year. This is paid by the recruitment agency, presumably out
of the worker's wages, or directly by the migrant, in the case of independent migrants and
those whose contracts are administered by the POEA.
9
In 1995, the trial and execution of Filipino migrant worker for contemplation in Singapore turned
the protection of migrants' rights into a burning political issue. The incident prompted the
government to temporarily withdraw its ambassador to Singapore, to hasten its ratification of the
UN convention of the rights of migrant workers, and to reiterate the POEA's mandate to focus on
migrant welfare and rights.

Remittances are a critical source of foreign exchange, and the government actively
encourages migrants to send money home. For example, the OWWA issues an
identification card to all official workers that is also a Visa card that can be linked to
Dollar or Peso-denominated savings accounts in a consortium of banks. The card enables
remittances to be sent at $3 or less per transaction.
Innovations such as the Visa card are the product of a slow learning process on
remittances - as late as 1985, the government, desperate for foreign exchange, was
attempting to force workers to send remittances via a mandatory remittance quota. The
Philippines' history of overvalued exchange rates had created serious deterrents to
sending remittances through official channels and the quota failed miserably. Since then,
the government's policies have been more reasonable: it has maintained a market-based
exchange rate, worked to make sending remittances via private banks cheaper and easier,
and even offered tax-free investment programs aimed at overseas workers.
Each year, the President of Philippines celebrates Migrant Workers Day by awarding the
"Baygong Bayani" (modern-day hero) award to 20 outstanding migrant workers who
have demonstrated moral fortitude, hard work, and a track record of sending remittances
home. It encourages the Filipino workers to send remittances through banking channels.
Many of the support services the government provides are also intended to promote
continued ties with the homeland. The government sponsors tours of Philippines
entertainers and supports schools in areas overseas with high concentrations of migrants.
Psychological counseling services that emphasize maintenance of "Filipino values" are
offered through a network of offices abroad. Recently, the government decided to allow
overseas workers to vote in national elections, with voting theoretically conditional upon
return within two years, and committed a significant amount of money to overseas
balloting.
The government has also made support of the returning migrant workers part of its policy
priorities. Recognizing the propensity for migrants to return with substantial amounts of
foreign goods, the government started profitable duty-free shops for returned migrants.
Other privileges granted to returning migrants include tax-free shopping for one year,
loans for business capital at preferential rates, and eligibility for subsidized scholarships.
4.2 Sri Lanka
Sri Lanka is one of the competing countries in labor migration. The emigration matters in
Sri Lanka are regulated under Sri Lanka Bureau of Foreign Employment Act, No.21 of
1985. According to the Act, Sri Lanka Bureau of Foreign Employment is a corporate
body being run by an eleven (11) members Board of Directors. The emigration of board
is very balanced as it consists of four representatives of foreign Employment Agencies
licensed under the Act, three experts in the fields of Finance, Foreign Affairs & Women

Affairs nominated by the representative Ministries and the remaining four nominated by
the Minister, himself. Sri Lanka prepared a National Labor Migration Policy in 2008,
which is being followed by the Bureau. The goals set in the policy were as follow:
 Increase regulation and monitoring of recruiting agencies; penal provision
to address offences;
 Strengthening of the capacities of overseas missions to address workers’
protection and guidance needs;
 Ensure access to skill development training to maximize the benefits of
migration for national development;
 Address issues of abuse, violation, exploitation and prevent human
trafficking;
 Enhanced protection mechanisms: psychological and medical support,
repatriation for distressed workers;
 Development of a plan for provision of insurance, pension and welfare by
the State;
 Implementation of a mechanism to facilitate return and reintegration:
priority access to services, special services on arrival at the airport, tax
concessions and special benefits to children of migrant workers;
 Creation of the Sri Lanka Migration Studies Institute; and
 Amendment of Sri Lanka Bureau Foreign Employment Act of 1985;
The Sri Lanka Bureau of Foreign Employment (SLBFE)10
is the principal organization
looking after the welfare aspects of Sri Lanka’s migrant workers and their families. It was
established in 1985 under the Act No. 21 and amended by Act No. 4 of 1994, the primary
legislation that deals with foreign employment.
Up to 2007, SLBFE was under the administrative control of the Ministry of Labor. In the
2007 it was transferred to the newly created Ministry of Foreign Employment Promotion
& Welfare (MFEPW) and was given tasks that include the formulation and
implementation of foreign employment policies & promotion programs. Most of the
MFEPW programs are administered by the SLBFE.
At present, SLBFE is functioning as a public corporation with over 800 employees in
seven major departments and is governed by a Board of Directors. The Bureau also has
10
The organizational setup of SLBFE is placed at Annex-B.

24 branches throughout the country and receives its power, duties and obligations from
the Act of Foreign Employment. Its mandate encompasses promotion and protection of
migrants by setting standards and approving or rejecting the contracts provided by
foreign employers to Sri Lankan migrants, licensing recruiting agents, and operating
programs to protect Sri Lankan migrants and their families.
The major objectives of the Bureau are:
 Maintaining comprehensive databases of outgoing emigrants and
returning migrants, foreign employers, and Sri Lankan recruiters;
 Developing standard contracts, and operating 29 training centers that
provide pre-departure orientation for migrants;
 Negotiating a Memorandum of Understanding (MOU) with labor
receiving countries and registers migrants going abroad;
 To promote and develop overseas markets for skills available in Sri
Lanka
 To regulate the business of Foreign Employment Agencies issue
Licenses for business and assist the licenses in negotiation of terms
and conditions with foreign employers.
 To examine the authenticity of documentation issued to Sri Lanka
recruits going abroad for employment and ensure fair wages and
standards of employment.
 To establish the welfare Fund for the welfare and protection of Sri
Lankan emigrants.
 To arrange the training of emigrants in collaboration with the licenses
and Operating pre-departure training centers that offer 15 days pre-
departure training for Middle East and 25-day for non-Middle East to
mostly female domestic workers going abroad for the first time. This
training consists of 12 modules for domestic workers going to Middle
Eastern countries. This includes Arabic, use of household appliances,
traditions and customs of the Gulf States, and counseling on medical
issues.
Over the past two decades, the SLBFE has given the highest priority to prompting foreign
employment. Hence, the SLBFE maintains a database that lists jobs available by country
and by local recruiting agent. Labor attaches abroad are SLBFE employees, and the
SLBFE covers the cost of operation of labor missions, safe houses etc. Labor attaches

arrange necessary legal services for migrant workers at no charge, and arrange for their
safe return to Sri Lanka.
The Sri Lanka Bureau of Foreign Employment consists of seven main departments
looking into the affairs including welfare of all migrant workers leaving Sri Lanka. Each
of these departments plays a vital role in the smooth functioning of the SLBFE. The Key
Departments of the SLBFE and their main duties are as follows:
Key Departments of the SLBFE
S.No Departments Functions
1 Information Technology and
Planning
 Maintaining of ICT infrastructure.
 Involving in corporate and Strategic
planning.
2 Recruitment and Approvals  Involving in the recruitment of Sri
Lankans for foreign jobs.
 Monitoring of the registration process
3 Finance  Involving in financial planning.
 Supervising records of payments,
receipts and expenditures and all
financial statements.
 Controlling of the budget and audit
procedures.
4 Administration, Human
Resources, Foreign Relations
and Publicity
 Involving in administration and staff
development.
 Administering / monitoring the activities
of labor sections of Sri Lanka missions
abroad.
 Making the general public aware on
formal migration
5 Legal and Investigation  Representing the organization in legal
activities
 Settling the disputes between employers
and recruitment agents.
6 Training and Conciliation  Conducting / coordinating training
programs.
 Attending to complaints made by
migrant workers and their relatives.
7 Welfare and Research  Conducting awareness programs.
 Looking after the welfare of migrant
workers and their families.
 Introducing re-integration programs.
 Conducting / coordinating research.

The Bureau have the inclusive powers to administer all the financial and administrative
matters, including the employment, posting, termination of services of its employees of
the Bureau, Remuneration to the directors, employees of the Bureau are paid out of its
funds. The Fund is fed with grants by the Government, fees & charges received from the
emigrants, and return by the Bureau from its investment.
The Bureau is authorized to appoint one and more persons abroad for promotion of labor
demand in consultation with the Minister In-Charge of Foreign Affairs. The Bureau itself
may act as foreign employment agency and charge any fee for the service rendered by it.
The Minister is empowered to constitute an Association of licensed foreign employment
agencies with the major objective to resolve dispute between the licensees and make
recommendations for promotion & regulation of employment outside Sri-Lanka.
Any officer of the Bureau with the written approval of the competent authority may enter
into and inspect the premises of business of licensed Foreign Employment Agency,
interrogate any person and take copies of any record/documents.
4.3 Pakistan
Pakistan has a long experience of managing the emigration. Prior to 1971, three different
agencies i-e National Employment Bureau, Directorate of Emigrants and Directorate of
Seamen’s Welfare were dealing with the promotion and welfare of the overseas
employees. In mid 1970s when migration accelerated Pakistan started to reorganize its
institutional setup to deal the emigration affairs. On the directive of the President of
Pakistan, these three organizations were merged together in October, 1971 to create the
Bureau of Emigration and Overseas Employment (BE&OE). The Bureau is a centralized
agency of the Federal Government for processing recruitment demands of the Pakistani
manpower through Licensed Overseas Employment Promoters (OEP), etc. for the
different manpower receiving countries in the world especially in the Middle East. It is
under the administrative control of Ministry of Labor and Manpower. Over the period, its
institutional setup is being changed to meet the structural changes in the field of
managing emigration requirements.
The main objectives of the Bureau of Emigration and Overseas Employment are:-
 To promote foreign employment with a view to reduce the pressure of
unemployment at home;
 To motivate and take measures to increase the remittances through
formal banking channels;
 To maintain direct liaison with concerned nationals and foreign
agencies to the extent necessary to coordinate and implement

Government policies to promote overseas employment and facilitate
emigrants;
 To monitor the international labor absorbing market in order to
produce required manpower and meet its demands;
 To provide inputs for preparing/amendments in emigration/
employment policies of the country in the light of research conducted
in overseas labor market;
 To protect the rights of Pakistanis workers;
 To impart necessary pre-departure briefing in order to improve the
image of Pakistan abroad; and
 To establish liaison with Labor Attaches placed in Pakistanis missions
abroad for implementation of Government policies;
To achieve these objectives, the Bureau has evolved a systematic policy under the
Emigration Ordinance 1979 and Emigration Rules 1979 made there under. The functions
of Bureau of Emigration & Overseas Employment (BE&OE) are laid down in Emigration
Ordinance and Rules 1979 which are being revised time to time by amendments. The
BO&OE presently performing the following functions:-
i) To control and regulate emigration;
ii) To look after the interests and welfare of emigrants;
iii) Recommendatory role in Formulation/amending the Emigration Policy;
iv) Preventing commission of any offence under Emigration Ordinance 1979;
v) Processing body for the cases of issuance of new licensees to Overseas
Employment Promoter (OEP);
vi) Renewal of Overseas Employment Promoter licensees
vii) To process all demands of private sector according to procedure;
viii) Ensure the emigrants fully understand the terms and conditions of
employment abroad as given in the Foreign Services Agreement (FSA);
ix) Conducting survey of returning migrants about their experiences in abroad
and accomplishment of FSA;
x) Facilitation and guidance to emigrants at the time of departure, return and
during stay at abroad;
xi) Monitoring of the activities of Overseas Employment Promoters, their
behavior with emigrants and facilities in their offices for emigrants; and
xii) Obtain information/data/reports from OEP as and when required;

The policy is being implemented through different field offices of the BE&OE within and
outside the country. The Bureau is headed by the Director General and is based at
Islamabad. It has four following Directorates in the Bureau Headquarter (HQ).
 Directorate of Administration
 Directorate of Coordination
 Directorate of Operations
 Directorate of IT
There are seven Sub-Directorates of Emigrants in Pakistan located at Peshawar,
Rawalpindi, Karachi Lahore, Quetta, Multan and Malakand.
Another institution i-e Overseas Employment Corporation (OEC) is established in July,
1976 under the Companies Act 1913 as a private limited concern. It is a limited company
by shares incorporated and equity is owed entirely by the Government of Pakistan. Policy
guidelines are provided by a Board of Directors, which are executed by the Managing
Director as Chief Executive of the Corporation. In the discharge of his functions and
duties, the Managing Director is assisted by a team of professionals. Its regional offices
are located at Karachi & Lahore, Peshawar and Quetta. Administrative and financial
control is exercised by the Ministry of Labor, Manpower and Overseas Pakistanis. It
endeavors to meet the needs of labor receiving countries for professionals, highly skilled
and skilled technicians, and semi-skilled and unskilled labor from Pakistan. All
government agencies and institutes cooperate with OEC in helping to execute manpower
demands by making candidates available, providing them necessary technical assistance,
assessing their ability, undertaking final selection and completion of emigration
formalities, etc. The Corporation is mandated to promote employment of manpower in
foreign countries.
All demands for manpower from Foreign Governments are being dealt with by the
Overseas Employment Corporation (OEC). The OEC examine the terms and conditions
of employment as well as availability of excess requisite manpower without adversely
affecting the domestic needs of the country. It implies that OEC functions as OEP in
public sector. However, there is also provision for OEPs to process the Foreign
Government demands subject to prior approval of competent authority.
Apart from meeting the specific and exact standards of foreign employers, the
Corporation also acts as a protector of emigrants to ensure the welfare of emigrant
personnel and to promote harmonious working relationship between the employers and
the employees. The Corporation assists the employers in conducting tests and interviews
of candidates. Those selected for employment abroad are assisted with their travel
arrangements. If desired by the candidate, ticketing is undertaken by the OEC Travels a
travel agency operating as the General Sales Agent of the Pakistan International Airlines.

To keep pace with changing trends in the employment pattern and to meet the urgent
demands of foreign employers or human resource recruitment firms, the Corporation has
established fully interactive website powered by a Resume Bank. The Resume Bank
currently hosts CVs of available candidates. CVs of professionals and highly skilled
Pakistanis are available to employers worldwide. This has enabled the Corporation to
respond to the urgent demands of foreign employers instantaneously.
In terms of powers conferred under section 16 of the Emigration Ordinance 1973, the
Federal Government has framed rules to conduct the emigration affaires. The rules define
the responsibilities of Director General, Protector of Emigrants, Labor Attaché and the
Advisory Committee. The rules also define the requirements for appointment as OEP and
also outline the code of conduct for the OEPs. According to the existing procedure, the
intending emigrants may proceed abroad directly or through OEPs.
The priority has also been given to the welfare of the Overseas Pakistanis. For this
purpose an independent institution known as Overseas Pakistanis Foundation (OPF) was
established in March 1979 under the Emigration Ordinance, 1979.
The Foundation was registered on 8th July 1979 as a company limited by Guarantee
under Section 26 of the Companies Act 1913, for the achievement of its objectives as laid
down in the Memorandum and Articles of Association (1979). The objectives of OPF are
to advance the social welfare the Pakistanis working or settled abroad and their families
in Pakistan by:
 Identifying their problems and by contributing to their solutions.
 To grant scholarships and stipends for studies to deserving overseas
Pakistani children.
 To give grant to community centers, mosques and libraries established
overseas and for organizing of seminars and national day events.
The OPF is also establishing and managing the following for overseas Pakistanis:-
 Vocational training institutions.
 Housing societies & colonies.
 Educational/religious institutions.
 Foundation offices & branches.
 Commercial, Industrial or service enterprises.
 Moveable & immovable properties and Health care centers.
The Welfare Fund is created under the Emigration Ordinance 1979, generate, raise and
collect funds and custodian-ship of security deposits of the overseas employment
promoters.

4.4 India
Under the constitution the Central Government is empowered to appoint a Protector
General of Emigrants and such number of protectors of Emigrants as deemed fit. The
Director General of India looks after all the matters relating to Emigration Act, 1983, and
is responsible to protect the intending emigrants, inspect any emigrant conveyance or any
other conveyance carrying the intending emigrants and inquire into treatment received by
the emigrants during their voyage or journey to and from India etc.
The Act provides for establishment of emigration check posts under the supervision of
the respective Protector of Emigrants. The Central Government may appoint an officer of
the Central Government or a state government as officer-in-charge of the check-post.
Protector General of Emigrant is the registering authority of the recruiting agents. He is
also empowered for renewal the registration, cancellation / suspension etc of certificates
of any recruiting agent. The Act also allows the Director General of other countries / any
officer of the equal / higher rank to act as authority for issuing permits for recruitment/
directly recruit any citizen of India for employment in the respective country / place.
Powers to search, seize and detain person’s conveyance, etc for the implementation of
Emigration Act, 1983 rests, among others, with the Protector General of Emigrants of
Protector of Emigrants and or the officer in-charge of the check-post.
The object and purpose of the Emigration Act is to consolidate and amend the law
relating to emigration of citizens of India. It defines the domain of emigration, recruiting
agent and Protector of Emigrants and declares that emigration officers are public servants
within the meaning of section 21 of the Indian Panel Code. The provision of the
Emigration Act prescribes the procedures for registration of recruiting agents. Under the
provisions of the Act, any person aggrieved by an order of the registering authority
rejecting his application for registration or an order of the Competent Authority rejecting
his application for permit or an order of the protector of emigrants rejecting his
application for emigration clearance, may prefer an appeal against such order to Central
Government. Offences committed under his Act are cognizable notwithstanding anything
contained in the Code of Criminal Procedure, 1973. The provisions of the Act do not
apply to the recruitment of emigration of any person who is not a citizen of India.
4.5 Finding
The migration procedures of various countries are emphasizing the priority to protect the
rights and provision of services to migrant workers. The countries also take steps to
eliminate the undocumented irregular migration. However, it is difficult to say whether
the managing labor migration of each country have accomplished the goals of protecting
workers' rights, providing satisfactory services to migrants, regularization of irregular
migrant, encouraging return migration, and spurring economic growth. The focus of each
country’s mechanism is on labor sending on a large scale and raised the remittances level.

Most of the countries are successful to achieve this objective by redesigning their
policies/procedures and providing various services and incentives.
Advocates for migrants accuse that the efforts to protect documented migrants are
inadequate and that it has ignored the abuse and trafficking of irregular migrants. Despite
an increasing number of procedure/policy measures emphasizing regulation of
recruitment process, border control and repatriation, irregular migration is remained an
intractable issue. Further, it is noticed that the stance on migration has not converted
irregular migration into regular migration, but rather increased migration of both types.
Even by official estimates, undocumented workers constitute a large percentage and most
of them work in extremely vulnerable sectors. The statistics reveals that the procedures
laid down by various countries need to improve to get rid of the irregular migration. Most
of the irregular migration is caused due to unawareness of rules, lengthy and completed
procedural requirements and unnecessary documentation in the policies/procedures of
labor dispatching countries as well as receiving countries.
The issue of irregular migration is particularly important for Afghanistan. A large
numbers of Afghans are working in the neighboring countries due to the unstable
situation in the past and current security reasons. Since proper managing labor migration
system does not exist therefore the labor migration from Afghanistan especially to the
neighboring countries is largely unregulated. The policies/procedure of neighboring
countries need to be redesigned to keep provision either regularized the irregular migrants
or repatriate them to avoid violation of human rights. Malaysia’s procedural reforms is
good example where largest number of irregular migrants has been documented in those
occupational groups where local population reluctant to undertake the jobs. Others
countries may follow the experience of Malaysia.
As more and more countries depend on migration and remittances to drive their economic
development, they may examine the migration policies/procedures of various successful
countries keeping in view above narrated issues. The policy and procedure of the
managing migration should be based on following principals:
 Awareness of rules & regulation to intending migrants for
proceeding abroad;
 Easy and simple procedural requirements;
 Less time consuming;
 Protection of emigrants rights;
 Proper pre-departure briefing;
 Briefing about basic information and responsibilities at destination
country;
 Ensure emigrants fully understand the terms and conditions of
employment abroad as mentioned in Foreign Service Agreement
(FSA);

 Easy access to migrant worker to contact country’s mission in case
any breaching FSA or emergency;
 Swift process to send remittances to family/country;
 Programs for the welfare/reintegration of emigrants;
 Easy and quick respond to address the complaints of migrants; and
 Respect and better services at departure and arrival.
Apart from above targets, managing labor migration system must be efficient, simple and
friendly for migrants. It is observed from the existing system in various countries that
where more than one department are involved in managing labor migration there is either
lack of coordination among departments or their responsibilities are not clearly
predetermined. The procedure should be free from overlapping of responsibilities among
various organizations. The system should have provision to have a monitoring and
evaluation system to guide and suggest changes according to the rational global changes.

5. Emigration Procedure in Afghanistan
5.1 Institutional Setup
The emigration affairs of outgoing Afghan Worker (AW) is being supervised and
managed by the Directorate of Dispatching Afghan Workers Abroad (DDAWA). The
Directorate is a part of Directorate Genral of Manpower which is being supervised by
Director General functioning under the administrative control of Ministry of Labor,
Social Affairs, Martyrs & Disabled (MoLSAMD). The Directorate is divided into two
sub sections. One section is made responsible to deal and process the worker’s documents
and other is meant for the labor marketing. Each section is further sub divided into two
subsections. The organizational setup of Directorate is given below:-
Organizational Chart of
DDAWA
Directorate of
Dispatching Afghan
Worker Abroad
(DDAWA)
Labor MarketingWorker’s
Documentation
Labor Demand
and Supply
Issuance and
Renewal of
Licenses to
Private Work
Promoters
(PWP)
Worker’s
Documents
Processing
Preventing
Illegal
Dispatching of
Afghan Workers

The detail functions of Directorate and its various sections are not prepared and notified
so far. However; an attempt is made to fix the responsibilities of the individuals. The
names of sections are not reflecting in real term the task being performed in these. Since
its inception neither any attempt is made to prepare the procedure to perform the function
at various stages nor is any emigrant registered so far. At present only one person is
placed in each section and who is not familiar with the emigration system/procedure.
5.2 Legislation
The managing the emigration of outgoing Afghan Workers (AWs) is being governed
under the Bylaw “Regulation on Dispatching Workers Abroad (RDWA)” (Annex-C)
which was enforced on November 21, 2006. In the pursuance of this Bylaw three other
documents are prepared. The description of these is as follow:-
a) Regulation on Dispatching Workers Abroad (RDWA)
The Bylaws is meant to promote the overseas emigration of Afghanis which interalia
defines the role of MoLSAMD, conditions of dispatching and employment, obligations of
workers, conditions of agreement and criteria for the solution of disputes. It aims at the
regulations of emigration but it doesn’t cover the other important aspects required to
manage the emigration. The Bylaw is silent about the responsibilities of Directorate and
affixing the responsibilities other administrative stakeholders of the system like M/o
Foreign Affairs (MoFA) and its missions. The role of M/o Interior (MoI) is also not
defined in it particularly to eliminate the illegal/ undocumented migration and to deal
with the deporting migrants. Further, it omitted the penalties and procedures to manage
unlawful emigration and other offences. Apart from these deficiencies the entire
emigration system is not capable to meet the challenges of new era and to protect the
rights of emigrants, implementation of FSA, undocumented emigration etc. All these are
the burning issues and being given priorities in each and every international conference.
b) Procedure of Issuing Work License to Private Work Promoter
and Dispatcher Company of Afghan Workers to Abroad
MoLSAMD has taken initiated to involve the private sector to promote the overseas
employment. The ministry has approved a procedure in 2008 entitled “Procedure of
Issuing Work License to Private Work Promoter and Dispatcher Company of Afghan
Workers to Abroad” (Annex-D) for the issuance of licenses to private foreign
employment promoting agencies. According to Directorate, the company/firm registered
for any other business in the country may obtain the license to work as Private Overseas
Work Promoter (POWP). It is pertinent to note that the procedure approved by
MoLSAMD doesn’t indicate such condition. In the approved procedure the POWP has to
pay one hundred thousand AFs (AFs 100,000) as fee for registration. Apart from fee, the
POWP/company has to fulfill some other requirements such as reasonable office space
equipped with all accessories, bank credibility documents, statutes, commitment of

dispatching and returning of workers etc. The license holder has to provide the guarantee
of one million AFs at the time of dispatching the AWs abroad. It is not clear in the
procedure that how long this grunted amount will be detained. The procedure has 22
guidelines indicating the requirements for obtaining the license and conditions for
dispatching the Afghan Workers. The license is being issued for indefinite period; no
expiry date is mentioned on license. The record of registered POWP is being maintained
in the registered on following format.
Ministry of Labor, Social Affairs, Martyrs and Disabled
Directorate of DDAWA
Page ( ) of the Registration Book of the issuing Work Promoting License to the
Private Companies year (- - - -) Volume ( )
No
Personal Information National ID Card
PlaceofIssue
General#
Licensedate
NoandDateofthebill
NameoftheWork
PromotingCompany
Remarks
Name
F/name
G/f/name
ID#
Page#
Volume#
1 2 3 4 5 6 7 8 9 10 11 12
c) Work Promoting Agreement on the Employment of Afghan
Workers Abroad
In order to regulate the POWP a standard agreement entitled “Work Promoting
Agreement on the Employment of Afghan Workers Abroad” (Annex-E) is designed to be
signed between POWP and MoLSAMD at the time of issuance of license. The contract
explains the responsibilities of the MoLSAMD, POWP’s obligations and commitment/
responsibilities of the Foreign Employer (FE). According to the contract the MoLSAMD
is responsible for the issuance of license, registration of emigrant workers, facilitation to
obtain passport and exit visa, monitoring of working conditions and other commitments
mentioned in contract. In case of dispute the ministry has to appoint a committee or
mission11
with the cooperation of foreign mission and Ministry of Labor of concerned
country.
11
The composition of committee/ mission and its ToR is not yet defined.

According to agreement the private company is responsible to provide the complete
information and address of Foreign Employer (FE), selection of AWs according to the
requirements of FE, obtaining visas, contract of salary and other privileges of workers
along with detail job descriptions. The POWP is also bound to ensure that salary of
workers is not less than minimum salary of the employer’s country.
The agreement further elaborates the responsibility/commitment of foreign employer.
The foreign employer is required to provide food and accommodation, determine the
terms of agreements, insurance and social security, observing rules and regulations of the
country, International Labor Organization (ILO) and International Organization of
Migration (IOM). The FE has made responsible to facilitate the AW to have an access to
contact Afghan mission and M/o Labor of both source and host country. POWP has to
obtain the FSA covering all liabilities of foreign employer in agreement.
The agreement included only one penalty clause i-e in case offending from privileges of
agreement; the company will pay 30 % of the affected worker’s salary as a fine to
MoLSAMD.
d) Commitment letter
The outgoing Afghan worker is also assigned some responsibilities to be taken care in
“host countries”. A “Commitment Letter” (Annex-F) is designed by MoLSAND for the
emigrant. It is a commitment from outgoing Afghan worker that he will follow the rules
and regulation, country’s cultures, avoiding activities against religion, custom and
traditions; follow the FSA, etc of “host country”. Another important commitment is that
emigrant will return back to country after the expiry of contract.
5.3 Processing Procedure
The procedure of process the cases of emigrants is not yet designed. Even the nature and
type of cases which may come forward for the processing are not visualized. One work
finding form is developed and two formats designed to maintain the record of emigrants
through POWP. The form contains following information about emigrant’s
characteristic:-
 Personal Information: Name, Father & Grand Father Name
 National Identity Card: General #, Page #,Volume #, Place of Issue, Age
 Permanent Residence: Village, District, Province
 Current Residence: Village, District, Province
 Educational Information: Level, Field, Institute, Year
 Professional Skills:
 Other Skills:

Page ( )
Volume ( )
 Work Experience:
 Name & Address of PWP: Inside the Country, Outside the Country
 Name, Address and Telephone # of Worker’s Relatives
 Skills Grade Assessment
The filled in form is to be signed by emigrant with thumb impression and attaching a
Photograph. The approving authority has also to sign. The following format for keeping
record in registers is prepared.
Ministry of Labor, Social Affairs, Martyrs and Disabled
Directorate of DDAWA
Registration Book of the Workers Dispatching Abroad
No
Personal
Information
National ID Card #
Permanent
Residence
Current Residence
CloseRelativesPhone
#
DispatchingCompany
Name
F/name
G/f/name
ID#
Volume#
Page#
Age
Village
District
Province
Village
District
Province
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
The existing system is based on the concept that MoLSAMD will signed the labor
dispatching protocols with others countries and private sector will be given the task to
find the job opportunities in those countries. It is reported by the concerned Directorate
that the private sector is suppose to visit only those countries with which government has
signed labor dispatching agreements. The private sector will explore the labor market of
these countries for obtaining labor demands for AWs in public and private sector. Once
demand received, the private firm is required to proceed as per following procedure.
 Prepare the list of employer’s needs for workers with the approval of
political mission through M/o Foreign Affairs and submit to MoLSAMD
for agreement;
 Selection of eligible AWs;
Unit ( )

 Introduction to MoLSAMD to receive work-finding-forms (Annex – G);
 Filled in forms along with worker’s documents are submitted to worker’s
committee for assessment;
 The committee will compare worker’s abilities/skills with employer’s
requirements;
 The list of confirmed/ approved workers along with required documents
is to be submitted to MoLSAMD for record in DDAWA
 The list of recorded workers is to be forwarded to M/o Foreign Affairs for
the issuance of Passports.
5.4 Experience of Private Sector
In the pursuance of RDWA, eight private agencies are registered so far and issued
licenses to promote labor sending to other countries. Three of them are interviewed to
find out their views, functioning and experience in the field. Their experiences are
narrated in the following paragraphs.
a) M/s Azadi
The firm entitled M/s Work Promoter & Construction Company of Azadi was
registered by the MoLSAMD in 2007 and allowed to send labor to other countries. The
company started the work in Qatar in the pursuance of a technical labor dispatch protocol
signed with the government of Qatar. The company got twice requisition for Afghan
workers from employer of a Construction Company in Qatar and submitted the case to
their M/o Labor (Qatar) for the issuance of Employment visas but the company didn’t
have any positive response from the Qatar’s ministry. After lot of efforts, the company
was informed that a joint venture company is required to process such cases. In
compliance the company established a joint venture company known as “AL KHOURI”
and established an office in Qatar. Insipite of all efforts the case of Afghan workers
could not be processed. The Qatar Government was reminded again and again that in the
light of a technical labor dispatch protocol signed between two countries it is obligatory
to process the case. The Deputy Minister of MoLSAMD also visited to Qatar and his
counterpart agreed to process the cases but later on again Ministry of Labor, Qatar
backed out.
The company reported that after investing a huge amount in this business they have no
return from it so far. The company has still blocked 80 thousand US dollars in Qatar and
bearing monthly running expenditures of the office. The company also invested in
obtaining license and running the office in Afghanistan. The company pointed out the
following reasons not to be successful in this business so far.

 Lack of follow up action and non cooperation by MoLSAMD;
 Protocols/ agreements are not properly signed and no back up from
MoLSAMD;
 No coordination between MoLSAMD and M/o Foreign Affairs and its
Missions;
 Non-existence of Foreign mission of some countries in Afghanistan;
and
 Bad image/ non trust on Afghan national abroad due to last 30 years
incidents;
b) M/s Khorasan
The firm M/s Khorasan was issued license in 2007. The firm has placed eight Drivers in
Dubai so far. The company’s Director informed that the company has faced loss in this
deal. The company received the demand of 10 Drivers to be placed in Dubai subject to
the condition that selected Afghan nationals have to complete the 15 days training and
clear the test enabling eligible to work in Dubai. The firm selected 10 AWs and placed in
Dubai. Out of 10 AWs, eight could complete and clear the test and training. So eight
could join the job and rest two returned. Those eight are still working there successfully.
The Director explained that the firm has a loss in this deal because the firm worked out
the dispatching cost of each 4500 US dollars including one time training fee, passport &
air ticket, boarding and lodging and company placement charges. Since the AWs could
not clear the test first time and only eight AW could clear the training & test after
availing three chances (maximum allowed chances) therefore the cost of training,
boarding and lodging expenditures increased than estimated cost. The other two could not
clear training and test after availing all three chances therefore all cost of those AWs had
to bear by the company. It is interesting to note that AWs didn’t show their trust on the
POWP and they deposited the committed charges of US$ 4500 with third party. The
company was able to receive the money after four months when confirmation made by
those eight AWs for joining the Jobs. So the company made all expenditures up to four
months from own account and committed amount reimbursed after four months from
third party. In response to one question the Director informed that it is not clear that how
the company can get benefit from the contract clause # 23 under which company is
allowed to charge 30 percent as commission from the first month’s salary since the
foreign employer and laws of that country does not allow to deduct any amount from
worker’s salary. Even no procedure is proposed to implement this clause. The Director
also admitted that it is not clear from the clause that either the commission of the firm is
equal to 30 % of first month salary or 30 % from every month’s salary of the contract
period. However it is not justified either way with migrant or POWP.

In response to another question, the Director pointed out that MoLSAMD and its
Directorate was informed about the proceeding of AWs to Dubai but neither any
registration of these workers was done nor any pre-departure briefing was imparted to
them. It is pertinent to note that it is clearly mentioned in the procedure at serial # 21 i-e
”The work promoter administration is committed not to dispatch workers abroad without
approval of MoLSAMD”. It appears that neither DDAWA nor MoLSAMD had given
any priority to this achievement of PWP. The DDAWA was required to issue formally
the Government permission and do the registrations of all AWs in compliance of its own
rules and functions.
In the light of labor dispatching protocol signed between MoLSAMD and Qatar, the
company is in process of opening a joint venture office with three Afghan firms and one
“Kafeel” in Qatar to find out the job opportunities for Afghan nationals. The firm is also
planning to open the branches in Dubai and Iran. It was reported by the Director that
initially M/s Azadi was ready to join the partnership but later on the firm refused to be a
partner. This information has put a question mark on the authenticity what is stated by the
representatives of M/s Azadi.
The firm seems to be a satisfied with working relationship with MoLSAMD. However,
the firm is expecting clarification of certain rules like clause #23 of contact etc. Further,
the government support is expected in obtaining visa facilities and campaign for
convincing the government of “host countries” to accept Afghan workers.
c) M/s Kaaryaab
M/s Kaaryaab was registered last year i-e 2010 to promote overseas employment. The
General Manager (GM) of the firm was interviewed and enquired about their experience
in the field. He informed that the firm has not faced any problem to get license. It took
seven months to obtain the license. He also reported that the Directorate of Dispatching
Afghan Workers Abroad (DDAWA) and MoLSAMD are found very cooperative.
However, company didn’t have any technical support from these institutions to explore
the international labor market and to find out the job opportunities for Afghan nationals.
On one occasion, the company requested the MoLSAMD to include in official delegation
at company’s own expenses while it was proceeding to Qatar for singing the labor
dispatching protocols but MoLSAMD not responded positively. The idea behind this
proposal was to get introduced with Qatar’s M/o Labor and other related personals. The
GM informed that since the firm has no experience in this field therefore they are
expecting from MoLSAMD and DDAWA information about international labor market
and contact point from where labor demand can be obtained.
The GM also informed that since the company has financial constraints and is not in
position to send its representatives in other countries for searching demand for AWs
therefore the company started the registration of unemployed Afghan nationals. This
registration is also being made on line and by telephonic calls. The company is not
charging any fee for registration and it takes only 3 to 4 minutes. The GM informed that

company has planned to circulate the data of available skill and labor in Afghanistan
among potential employers in international labor market. He mentioned that 7 to 8
thousands AWs have been registered so far and 80 % approximately are willing to serve
abroad. The GM was asked to show the specimen of registration forms or format and
show the process of maintaining the data and output format but he couldn’t present at the
spot and promised to provide later on. However, in spite of reminding the firm couldn’t
demonstrate its computer registration program.
In response to another question he shows ignorance with rule and regulation on
dispatching laborers abroad and about contents of work promoting agreement being
signed between POWP and MoLSAMD. The GM who was also proprietor of the
company couldn’t comment on the existing rules and regulations. However, he proposed
that since POWP has financial constraint therefore, there must be a facility of loan from
banks.
5.5 Findings
Government of Islamic Republic of Afghanistan (GoIRA), who has made commitments
in international conferences / regional agreements to develop an efficient managing
international migration system couldn’t develop it so far. The managing the emigration
system in the country is at initial stages even it will not wrong to consider that it is still at
“Zero Point”. The “Regulation on Dispatching Workers Abroad (RDWA)” was
introduced in November 21, 2006 to control and regulate the emigration. After the two
years of enforcement of the law, in 2008 the Directorate of Dispatching Afghan Workers
Abroad (DDAWA) was established for implementation. In the pursuance of regulation,
the procedure of issuing work license to private work promoters, work promoting
agreement and undertaking/commitment from workers were introduced by the
MoLSAMD. Since than eight POWPs registered but not a single outgoing AW is
recorded so far. It reflects that the Directorate is either not fully prepared to initiate the
proper management of outgoing Afghan workers or have no capacity/capability.
It is clearly indicated from the existing RDWA and other related documents that it
doesn’t fulfill all requirements of managing the emigration. The procedure is incomplete
and has ambiguity and not giving clear guidelines on processing of foreign employment
demands. It does not cover the following areas;
 Function of DDAWA, power and duties of Director;
 Duties of Labor Attaché;
 Responsibilities of Afghan foreign mission in other countries;
 Prerequisite and application procedure for issuance of licenses to POWPs;
 Renewal and cancellation of POWP’s licenses completely omitted;
 Code of conduct for POWPs;
 Mechanism of service charges of POWPs;
 Processing of demand obtain by POWP;

 Processing of direct (individual) employment and group visas;
 Processing of demand of workers from foreign governments;
 Registration of FSA;
 Insurance of emigrants;
 Disposal of complaints by individuals and POWPs and time limit of disposal;
 Process of appeals and their disposal;
 Offences, penalties and procedures to deal these;
 Responsibilities of MoFA and MoI; and
 Action on Violation of FSA;
The detailed analysis of the existing emigration system revealed that the DDAWA, since
its creation, has made no serious efforts to evolve the suitable system to manage the
emigration in the country. Although, Afghanistan is an active member of various
international and regional forums and each member of these have an emigration policy
and well established emigration system. The country easily could get assistance from the
member/neighboring countries or could adopt their system gradually. The country is for
behind than other “source countries” and uptill now neither could prepare “Emigration
Policy” nor any system to manage the emigration. Being a labor intensive, Afghanistan
needs an efficient policy/system to encourage its excess unemployed labor force to get
employment in other countries.
It is further observed that the procedure of issuance of licenses to private sector is not
rational. It is not elaborating the pre-requisite and eligibility criteria to obtain licenses.
The basic eligibility reported by the Director DDAWA to obtain the license is that
company/firm should have a work license from any agency/institution in any other
business. However the all three supporting documents i-e RDWA, procedure of issuance
of licenses and contract agreement are silent in this regard. In case if the licenses are
being issued to only such firms and companies than it will provide the opportunity to
POWP to give priority to their active business and less priority to manpower export in
which almost all licensed POWPSs have no experience in the field. M/s Azadi’s case is
the best example. The firm has giving now priority to its active business of “Carpet”. The
company has reported the reason for this “non cooperation of MoLSAMD and M/o Labor
Qatar in two cases”. Some other POWPs are not able to visit abroad exploring the
international labor markets of “host countries” due to financial constraints. Resultantly,
the existing systems seem to be a devastating.
The Bylaws and procedure designed are not providing any procedural guidelines for the
registration of direct migrant. In many cases individuals may be able to get employment
opportunities abroad by their own efforts therefore; it has to be included into managing
the migration system. It is pertinent to note that not a single migrant is registered since
the inception of bylaws.

EESA1_28_06_11

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