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: [email protected]

Telephone: +92-333-5299046, +92-51-2224360, +92-51-2102826 (Res.)

Fax: +92-51-2224359

http://www.sscpk.org/



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.

http://www.irinnews.org/Report.aspx?ReportId=80286



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.

http://www.unfpa.org/news/news.cfm?ID=859

http://www.unfpa.org/news/news.cfm?ID=859



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

http://www.president.gov.ph/default.aspx

http://www.dole.gov.ph/

http://www.dole.gov.ph/

http://www.dfa.gov.ph/

http://www.philhealth.gov.ph/

http://www.tesda.gov.ph/

http://www.pagibigfund.gov.ph/

http://www.mtc.gov.ph/

http://www.sss.gov.ph/

http://www.doh.gov.ph/

http://www.dole.gov.ph/contact/dole_contacts.php

http://dfa.gov.ph/main/index.php/about-the-dfa/rp-embassies-consulates-a-rcos/philiipine-embassies

http://dfa.gov.ph/main/index.php/rp-consulates

http://dfa.gov.ph/main/index.php/about-the-dfa/rp-embassies-consulates-a-rcos/regional-consular-offices



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.

http://www.beoe.gov.pk/Directorate_of_Administration.asp

http://www.beoe.gov.pk/Directorate_of_Coordination.asp

http://www.beoe.gov.pk/Directorate_of_Operations.asp

http://www.beoe.gov.pk/Directorate_of_IT.asp



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 Marketing Worker’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

Pla

ce o

f Is

sue

Ge

ne

ral #

Lice

nse

dat

e

No

an

d D

ate

of

the

bill

Nam

e o

f th

e W

ork

Pro

mo

tin

g C

om

pan

y

Re

mar

ks

Nam

e

F/n

ame

G/f

/nam

e

ID #

Pag

e #

Vo

lum

e #

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.


Directorate of DDAWA

Registration Book of the Workers Dispatching Abroad

No

Personal

Information National ID Card #

Permanent

Residence Current Residence

Clo

se R

ela

tive

s P

ho

ne

#

Dis

pat

chin

g C

om

pan

y

Nam

e

F/n

ame

G/f

/nam

e

ID #

Vo

lum

e #

Pag

e #

Age

Vil

lag

e

Dis

tric

t

Pro

vin

ce

Vil

lag

e

Dis

tric

t

Pro

vin

ce

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.



The POWPs and Directorate’s management have the perception that POWPs are only

allowed or may work in only in those countries where MoLSAMD has entered to sign the

labor dispatching agreements. It is not correct approach for promoting manpower export.

It is reported by the POWP that most of the Afghan national migrate in neighboring

countries particularly in Pakistan and try to get Pakistani passport and find jobs in

Middle-East countries or move illegally without any documentation, because of non

acceptability of Afghan nationals in labor absorbing countries.

There are two other factors which are the main obstacles in developing efficient

managing emigration system i-e lack of professional skills and capabilities and

international image about Afghan nationals due to decades of disturbance. The

professional capabilities of staff may be enhanced by organizing training programme.

The image of Afghan national may also be improved to counter the campaign of western

media. The high level Afghan government delegation should include in the agenda while

meeting with the other government delegations and try to motivate the host countries to

accept Afghan national.



6. Recommendations to Evolve Emigration

System

Since the Afghanistan’s managing migration system is in initial stage therefore some

basic requirements are needed to be completed first. The country needs a comprehensive

“Emigration Policy” addressing government point of view on all issues and areas of

managing the emigration. It should all cover the strategy to fulfill the commitments made

in various international and regional conferences and forums.

The objectives of the policy should be to set model standards for

manpower exports in order to avoid employee and employer

exploitation; obtain maximum job opportunities abroad for Afghani;

regularization of irregular/undocumented migrants; secure honorable

and fair deals for workers; measures to encourage sending remittances

through banking channels; worker’s welfare and reintegration of

returning migrants.

The GoIRA needs policy preparing institutions/forums and thereafter good institutional

setup and teams for the implementation of these policies and procedures. At the moment,

the country neither has any policy preparing forum nor any policy on Emigration as well

as on Immigration (Employment of Foreign Nationals in Afghanistan). The

recommendations made in this section are on the basis of standard international principals

and covering following:-

Establishment of policy forum and institutional setup;

Registration of Emigrants;

Procedure for the issuance of Licenses to Private Overseas Work

Promoters (POWP);

Procedure for the disposal of complaints;

Code of conduct for POWP; and

General recommendations;

6.1 Institutional Setup

In the first report on “Streamlining the Procedure of Work Permit System (WPS) in

Afghanistan” a policy forum and institutional set up is proposed keeping in view

managing the overall international migration under one institutional set up. Since the

subject comes under the jurisdiction of MoLSAMD, therefore an independent one Bureau

of Migration12

under its administrative control is proposed to manage the Immigration

(WPS) and Emigration (outgoing Afghan Workers). In the proposed Bureau of Migration

(BOM), four sections are recommended. Two sections will deal with Immigration and

12

The proposed organizational chart in first report is reproduced at Annex-S.



Emigration. The third one is IT section responsible for the issuance of Work Permit

Cards (WPCs) and Emigrant Registration Cards (ERCs) to outgoing Afghan Workers and

will maintains the database of emigrants, immigrants and POWP etc. The fourth one is

Administration section. At present Directorate of Dispatching Afghan Workers Abroad

(DDAWA) and Work Permit Unit (WPU) are working independently under the General

Directorate of Manpower headed by Director General (DG). The two other Directorates

are working under General Directorate of Manpower. All directorates/units are working

in isolation and reporting to DG.

In the light of above, the establishment of BOM is recommended under which all affaires

of managing international migration may be dealt. MoLSAMD is in the process of

restructuring and many its Directorates/Departments have been reorganized. The

Directorate Work Permit has been converted into Work Permit Unit (WPU), given lower

status as compared to previous one. The DDAWA is also been reorganized. Therefore, it

is strongly recommended that reorganization/restructuring should be based on nature and

volume of work rather than personal interest. The DDAWA and WPU may be merged

into proposed BOM as Emigration and Immigration Sections respectively. One IT section

may also be established under BOM which will work for both sections as proposed.

The Director of Human Resources of MoLSAMD informed that the establishment of

BOM is possible under the existing rules and regulation. However, the proper

justification along with new structure; charter of duties, other prerequisite are to be

prepared and forwarded to Independent Administrative Reform and Civil Service

Commission (IARCSC) for processing and approval. This process will take 4-5 months.

In recommendations of first report, a cabinet committee is also proposed for the

formulation and approval of government policy and procedure on foreign workers

employment. A steering committee is also recommended to monitor the implementation

of policy and procedures. On similar pattern a cabinet committee is proposed for the

preparation and approval of Emigration Policy. It is also possible that the committees

proposed for WPS may perform the both task. However, an independent cabinet

committee for emigration is preferable because of different stakeholders. However, The

Steering Committee Proposed therein may be given the task to monitor both WPS and

emigration of outgoing Afghan nationals as the administrative stakeholders are same in

both systems.

6.1.1 Cabinet Committee on Emigration (CCoE)

A cabinet committee may be established to examine and approve the emigration policy

for the country. The MoLSAMD should perform as a secretariat of the committee. The

committee may comprise on the important ministries and departments responsible for

education, technical and vocational training and other administrative stakeholders

controlling emigration. The committee should deal with the policy, planning, legislation,

preparation and review of emigration procedure etc. The committee should be



appropriately supported by the proposed Policy & Research Unit (PRU)13

or Existing

Directorate of Policy, Planning & External Relation. It should be capable to provide

proper feedback enabling to review policy and procedure from time to time in the light of

changes occurring in the international labor markets or changes in the polices of “host

countries”.

The committee should be headed by the Chief Executive of the country. The following

ministries are may be included in the committee.

Composition of CCoE

i) Ministry of Foreign Affairs;

ii) Ministry of Interior;

iii) Ministry of Higher Education

iv) Ministry of Education;

v) Ministry of Culture and Information;

vi) Ministry of Finance;

vii) Ministry of Communications & Information Technology;

viii) Ministry of Labor, Social Affairs, Martyrs and Disabled

(MoLSAMD)

TORs of CCoE

i) Formulation and approval of Emigration Policy;

ii) Approval and review of the procedure for the registration

of outgoing Afghan nationals and registration of POWP;

iii) Strategy for motivating “host countries” to provide or fix

quota for Afghan nationals to avail employment

opportunities ;

iv) Review of Labor Markets of labor absorbing countries and

review of Emigration Policy in the light of structural

changes therein;

13

PRU is proposed in the earlier report its role and responsibilities are also defined therein, however the option is available to assign these responsibilities to existing Directorate of Policy, Planning & External Relation to avoid creation of new unit.



v) Monitoring and evaluation of emigrating system:

6.1.2 Steering Committee on Emigration System (SCES)

A monitoring mechanism or supervisory body is required to supervise/ monitor the

functioning of emigration system. It should also resolve the issues and problems and to

take measures for making it more convenient and efficient for emigrants. Since the

present system is at initial stage therefore it requires a coordinated forum to monitor the

role of all administrative stakeholders and to provide guidelines to improve the system. A

steering committee is proposed for this task to ensure the implementation of Emigration

Policy formulated and approved by CCoE. In view of the fact that the MoI, MoFA and

MoLSAMD are three main administrative stakeholders in both managing WPS and

Emigration System therefore the steering committee proposed for WPS may also be

entrusted the responsibility to monitor the emigration system.

6.2 Registration of Emigrants

The registration of emigrants has got the importance nowadays due to the administrative

and technical reasons. It provides opportunity to generate data on national Diaspora

resources existing in various countries and provide indicators to determine the

relationship with other countries. The data generated from the registration of emigrants

also provide the guidelines for preparing and reviewing the emigration policy. Emigrants

may belong to the following three categories.

Direct Emigrant: All those individuals who arrange for their

jobs abroad at their own or through any other

source i-e relative, friends etc.

Group Emigrants: All those individuals who proceed for their

jobs abroad since the demand visa is in group

and obtain by individual other than PWP.

Indirect Emigrants: All those individuals who proceed abroad on

job through PWP.

6.2.1 Registration of Direct Emigrant

An individual who arrange for his job abroad at their own or through another source i-e

relative, friends etc or holding direct employment visa will be registered by the

emigration section of BOM. The registration process of direct employment visa should be

completed on same day without any government fee/charges provided the all



requirements and documents are in order. The intending emigrant will be issued Emigrant

Registration Card (ERC). The intending emigrant will submit the following documents

along with Application on Form E-1 (Annex- H):-

i. Original Passport and Photo-copy of relevant pages;

ii. Two Passport size Photographs;

iii. Photocopy of Demand/Employment Visa verified and

authenticated by Afghan Mission in the country of

employment;

iv. Foreign Service Agreement along with attested photocopy; and

v. Undertaking as per Annex- I.

6.2.2 Registration of Group Emigrants

Employers of the labor absorbing countries, most of the time issue group visa in order to

complete the either one segment or whole project. The services of such worker’s are

interlinked and not required in isolation. For example, the services of Mason, Laborer

(construction), Steel Fixer, Shuttering Personals, etc are jointly required for the

concreting of roof. Similarly services of personals expert in cutting, sewing, stitching,

pressing etc are jointly required to establish Tailoring shop. The employer prefers to

acquire the all services jointly. Therefore, in such cases the registration process has to be

completed immediately for all occupations mentioned in demand. This type of the

demand may also be arranged individually. The registration process of such cases should

also be completed on same day or within two working days without any government

fee/charges provided the all requirements and documents are in order. Each intending

emigrant will be issued ERC. The following documents have to be submitted along with

Application Form E-1 (Annex – H).

i. Original Passport of each intending emigrant and Photo-

copy of relevant pages;

ii. Two Passport size Photographs of each emigrant;

iii. Photocopy of group Demand/Employment Visa verified

and authenticated by Afghan Mission in the country of

employment;

iv. Foreign Service Agreements along with attested

photocopies; and

v. Undertaking as per Annex- I.

6.2.3 Registration of Indirect Emigrants (Through POWP)

On receipt of a demand from abroad POWP will apply to the BOM on a prescribed form

(Annex – J) in duplicate for processing permission attaching therewith demand

documents duly attested by any one of the following:-



Afghan Mission in the country of employment (host country);

Ministry of Foreign Affairs of the host country; or

The Mission of the host country in Afghanistan.

The demand letter must specify job description such as categories of workers required,

number of jobs against each category, terms and conditions of services and

qualification/experience, if required, for each post. In case demand letter is not available,

POWP shall submit an undertaking that the jobs are available with the employer and he

(POWP) shall be liable for punishment under the emigration laws if it is proved

otherwise. POWP will apply to BOM for the grant of permission of recruitment on any

working day. The Director General (DG) will acknowledge the receipt of application and

shall dispose it off on same day or in two working days.

After obtaining the permission from BOM, POWP will advertise the demand in the

newspapers and Afghan Ailanat if the demand is 20 workers or more. While advertising

each advertisement shall contain name of employing country, number of position each

category, salary, contract period and other fringe benefits. The advertisement should also

indicate POWP’s company name, license number and permission number. POWP will

send the cuttings of advertisement to DG, BOM.

POWP should collect CVs or other documents to assess the competency of intending

emigrants. In case CVs or other documents are not applicable than POWP should adopt

any other criteria to assess the skill of intending emigrants required according to the

requirement of Foreign Employer (FE). POWP for the selection of suitable personals can

invite/hire the services of professionals of relevant field. The foreign employer may also

be requested to send his representative for the selection of workers provided the numbers

of required workers are sufficient to cover the cost of deploying.

The POWP will submit the final list to BOM along with the other documents for the

registration of intending emigrants. Each emigrant will fill the application Form E-2

(Annex – K) and submit the undertaking as required in case of direct emigration

(mentioned at 6.2.1). POWP has to submit the consolidated summary of each case as per

Annex – L.

BOM will check the all documents according to rules and regulation and will issue the

ERC to each emigrant. The BOM will maintain the record of each case of POWP

separately. POWP will either maintain a register in his office or through computer to

keep the record of each case. POWP will also maintain the record to receive the

passports, educational certificates and others documents from intending emigrants and

will issue the receipt/ acknowledgment. The record of each case will be maintained in

following format.



Specimen of Register for Keeping Record in POWP’s Office

BOM Permission NO: -------- Dated:-00/00/0000

S.No

Name/F.N and

Address of

Emigrant

Passport No,

Place & Date

of Issue

Job

Title Country

Contract

Period Remarks

1 2 3 4 5 6 7

6.2.4 Processing of Public Sector Demand

The MoLSAMD is in process of signing the labor dispatching protocols with various

countries. However these protocols are customary and not specifically indicate demand

for Afghan workers. The public sector demand of the various countries indicate

workforce required specifically from other countries. Many countries have independent

departments to meet the public sector demand of host countries. Since Afghanistan

neither has received such demand so far nor expected in near future consequently at

present there is no need to have a separate department or section to deal such cases.

However the efforts from MoLSAMD are being made to get such demand from other

countries, therefore it is recommended that whenever government receives such demand

the task may be assigned to any registered POWP or distribute it in more than one POWP

on the basis of their performance. The rest procedure will be same as proposed at above

in 6.2.3 registration through POWP.

6.3 Emigration Registration Card (ERC)

Each emigrant will be issued one card known Emigration Registration Card (ERC). The

card will contain Name of Emigrant, National Identity Card number, Present &

Permanent Address, Employer Country, Period of Contract and passport information. The

cards should be issued without charging any fee. It is also recommended that some

facilities or benefits should be announced to motivate people to get them registered prior



to proceed abroad for employment. IT section will issue the card and maintain the record

of Afghan Diaspora. The following design of ERC is proposed.

6.4 Procedure for the Issuance of Licenses to POWP

There are lot of ambiguities in existing procedure, the documents prepared in this respect

indicates some prerequisites for obtaining license and a few responsibilities are explained

to perform in case of dispatching AW to abroad. It doesn’t explain the applying, renewal

and cancellation procedure. Neither any proper system is designed for awarding license

nor any criteria developed. It also misses the code of conduct for POWP. Therefore,

following suggestions are made to rationalize the existing procedure.

6.4.1 Issuance of New License

An intending applicant will appear before the Director General, Bureau of Migration

along with filled in application for interview as per specimen given at Annex – M. The

Emigration Registration Card



DG will conduct the personal interview of the applicant to assess the capability of

person/company. The DG will scrutinize the proposed name of firm/company. If the

proposed name is already registered with Bureau the DG will direct him to select other

name of firm/ company. Being satisfied that the applicant has sound financial position

and seems to be fit work as POWP; the DG will allow him to complete required

documentation for the issuance of license. The intending POWP will fill the application

Form POWP-1 (Annex – N) and will complete the other required documents. The BOM

will process such application expeditiously and will check the prerequisite documents.

The DG will prepare his recommendations for the consideration of ministry and will

forward the case to MoLSAMD for the consideration and final decision. The MoLSAMD

may, on being satisfied, after conducting inquiry as it may deem fit, approve the grant of

license and will return the case to DG. The ministry will issue the permission letter and

will be sent back all original papers to BOM retaining the photocopies. The BOM will

direct to applicant for depositing the license fee i-e AFs 100,000 in Bank within seven

days. On furnishing evidence of deposit of license fee by the applicant DG will issue a license.

The applicant will be issued license which shall be valid for two consecutive calendar

years or part thereof. The BOM will hand over the original license valid for two years to

applicant after retaining photocopy of it. If the MoLSAMD reject the request of applicant

than BOM will inform to applicant accordingly. The following documents will have to be

submitted.

Application on prescribed Form POWP- 1(Annex - N);

Proposed name of Firm/Agency.

Bank Deposit slip of AFs.5000/- as application processing

fee;

Photocopies of National Identity Card of applicant/partners;

Good Conduct/Character Certificate from Police or MoI

(Annex - O);

Bio-data of applicant and partner(s) if any;

Certificate from Income Tax Department showings TIN;

Specimen Signatures of Applicant/Managing

Partner/Managing Director who will sign documents on

behalf of his firm;

Two passport size photographs of applicant/partner(s);

Bank Certificate of Current/Operative Account of

applicant(s) (Annex – P);

Bank Account transaction statement in the name of

applicant/partner and Property documents to show the

finical soundness of the applicant (s). (The statement must



be attested by the bank manager showing his name and

stamp).

Undertaking (Annex – Q);

Education Certificate of the applicant.

Experience Certificate (if any).

Copy of Agreement with Partners;

In case the applicant dies; is declared of unsound mind by a competent Court or competent

medical authority; withdraws from the license on his free will; or desires to transfer the license to

his legal heirs, the DG with the approval of MoLSAMD will re-issue the license in the

name of legal heir or heirs or, as the case may be, the remaining partner, or partners after

such inquiry and on such conditions as it may deem fit and the license so issued shall be

deemed to be a new license and shall not be granted unless the license fee for grant of a

license under rules are deposited.

6.4.2 Renewal of License

The POWP will submit application for the renewal of his license to BOM one month

before the expiry of the license i-e on or before 20th February14

on Form 3 (Annex – R)

along with normal renewal fee15

. If the renewal application will be submitted after the

expiry of the license, an additional fee of AFs 1000 (one thousand) per month shall be

charged from the POWP or as prescribed in rules shall accompany with the application.

The BOM will scrutinize such application by checking each and every entry besides

previous performance of POWP. The BOM will forward the case with recommendations

to MoLSAMD. The ministry will approve and disapprove the renewal application. If

approve, the BOM will issue the demand notice or letter to deposit the renewal fee in

bank. The applicant will receive new license after depositing the required renewal fee and

surrendering previous original license.

The renewed license will be issued as follow:

i. for a period of three years, if the licensee has performed well

and has sent fifty or more workers in the last two years of the

validity of the license;

ii. for a period of two years if the licensee has sent ten or more

workers but less than fifty workers within the last two years of

the validity of the license;

14

The license will be issued according to Afghan calendar (Hijry - Shamshi), which start from 21st

March. 15

MoLSAMD may decide the renewal fee, However it is recommended for time being that it may be charged AFs 10,000 (Ten thousands) per annum.



iii. for a period of one year, if the licensee has sent no worker or

less than ten workers for employment abroad within the last

two years of the validity of the license.

If a licensee fails to send any person during the last three years of the validity of license,

the license shall automatically lapse. POWP will not authorized to appoint any sub-

promoter, If found the license will be liable to cancel immediately. At the time of renewal

of license if MoLSAMD is not satisfied with the conduct or performance of POWP or he

has committed breach of the provisions of the rules and regulations, he may, by written

order, refuse to renew the license after giving him an opportunity of being heard. The

POWP will have right to make appeal for revision within 30 days of the decision of the

MoLSAMD against the refusal to renew the license. The following documents will be

required to submit with application for renewal.

Application on prescribed Form POWP- 1(Annex - R);

Bank Deposit slip of Rs.5000/- as application processing

fee;

Photocopy of Previous license;

Details of demands processed during last two years;

Names of Partner/staff working in company;

Changes in staff than previous list along with reasons of

change;

Specimen Signatures of Applicant/Managing Partner/

Managing Director who will sign Foreign Service

Agreements and other documents on behalf of his firm;

Two passport size photographs of applicant/partner(s);

Certificate from Income Tax Department showings TIN

and income tax deposited during last validity of the license;

Bank Account transaction statement of company;

Undertaking Annex – Q);

6.4.3 Appeal Process

The rejected applicant will have a right to make appeal against the refusal decision of

MoLSAMD for the issuance of new licenses or its renewal. MoLSAMD will set up a

three member committee for hearing such appeals comprising Deputy Minister (Labor)

and DG, BOM, headed by the Minister. The rejected applicant will submit appeal to



BOM along with Bank deposit slip amounting to AFs 1000 as appeal fee. The DG will

forward the case to ministry for fixing the date of hearing. The DG will inform the date

of hearing to the rejected applicant and prepare a working paper for the committee. The

committee will hear the submissions of applicant and will give the verdict on appeal

which will be the final. The DG will convey the decision of committee to rejected

applicant in writing.

6.5 Service Charges for POWP

The service charges mentioned in the existing rules are not clear and are not rationales,

therefore, the following criteria is suggested.

A person selected for employment abroad by an POWP shall pay a sum of four

thousand five hundred AFs in case of monthly salary up to twelve hundred US

dollars or equivalent to it in any other currency:

Ten thousand AFs in case of monthly salary equal to twelve hundred and one or

more US dollars or equivalent to it in any other currency;

Where the employment abroad is for a period of one hundred and twenty days or

less a person selected for employment abroad shall pay a sum of one thousand

five hundred AFs;

An POWP shall be entitled to receive from the emigrant, after selection for

employment abroad, actual expenses incurred on air ticketing, medical, work

permit, levy, visa and documentation of the emigrant and issue proper receipt

under his own hand and seal/stamp. In case such person is not successful in

getting employment abroad the POWP shall refund the whole amount to him;

If intending emigrant fails to turn up when he is called for departure or refuse in

writing to proceed abroad at his own free will, he shall not be entitled to claim the

refund of service charges deposited by him;

In case the POWP recruits an emigrant for employment abroad, and the employer

finds him unfit for such employment and refuses to accept him on this account,

the POWP shall be liable to pay for the air ticket of such emigrant from

Afghanistan to the place of employment abroad and back;

6.6 Code of Conduct for POWPs

1) Every Private Overseas Work Promoter shall: -

(a) maintain a regular office and prominently display a signboard on

his registered office;

(b) Keep a complete list of POWPs registered with MoLSAMD and

establish liaison with them.



(c) Keep a complete list of the person sent abroad for employment by

him showing their complete address in Afghanistan, name with

complete address of their employer abroad, salary and period of

contract,

(d) Keep complete list of his employees showing their names and

addresses both temporary and permanent their designation and

date-wise period they served under him; and

(e) Keep complete record of the permissions, in chronological order,

granted to him by the BOM showing updated utilization position.

2) While dealing with the sources of employment abroad the following rules

shall be strictly observed by the POWP, namely:

i) Maximum efforts shall be made to contact employers, which are

employing foreign nationals.

ii) The POWP shall avoid competition with other Afghan POWP in

seeking orders for demand of workers.

iii) Where foreign employer is not satisfied with the performance of

Afghan POWP and wants to replace or work with another Afghan

POWP in his place, replacing Afghan POWP shall not accept

terms in relation to service charges, cost of air passage, salaries

and fringe benefits of emigrants lower than those under which the

previous POWP was engaged.

(iv) If POWP accepts any terms lower than the terms which were

allowed to his predecessor due to ignorance, he shall, as soon as he

comes to know of the fact, disengage himself from the work

assigned to him by the foreign employer.

(v) No POWP shall force/insist Afghan national to accept salaries and

terms and conditions of employment for emigrants lower than

those as appearing FSA.

(vi) All POWP shall ensure that not less than the salary and other

benefits as mentioned in the FSA are given to an emigrant during

the entire period of his employment abroad.

(vii) There shall be no verbal or written understanding between any

foreign employer and the POWP for the payment of salaries or

other terms and conditions to the disadvantage of the emigrants.

(viii) Under all circumstances, the emigrant’s copy of the FSA shall be

handed over to him.

(ix) No POWP shall indulge in immoral activities while entertaining

employers.



(x) No POWP shall accept demand from an employer who has

defaulted in the payment of the amount of commission due to

another POWP and if any Promoter knowingly and deliberately

enters into agreement with such employer; he shall be liable to

clear all dues of his predecessor from his own business proceeds.

(xi) All POWP shall charge fee other than the actual service charges

determine by government, from any person desiring to emigrate.

(xii) No POWP shall get involved, help or assist any person in illegal

activities, like forged visas, bifurcation of group visas, use of visit,

study or Umrah visas for employment abroad.

xiii) No POWP shall knowingly and deliberately supply substandard

manpower to any employer.

xiv) All POWP will improve/restore the image of Afghan national and

created during last 30 years.

6.7 Appointment of Labor Attachés

In Colombo Process (a regional consultative process on management of emigration)

meeting held in 2005 at Bali, Indonesia the Afghan delegation informed to members that

Afghan Government is considering appointing Labor Attaches for the purpose of

safeguarding the interests of emigrants and promoting overseas employment. Since the

quantum of emigrant flow and existing dimension of Afghan Diaspora in various

countries is not known therefore perhaps it is difficult to implement it. However, it is

recommended to assign the following task to the Afghan Missions till the appointment of

Labor Attaches.

(a) To establish the contacts with the public and private sector for

obtaining/motivating them to provide jobs opportunities for

Afghan nationals.

(b) Be responsible for the welfare of the emigrants and address

their complaints and guide them.

(c) Be responsible for safeguarding the interest of emigrants in the

host country including settling of the disputes and negotiations

with their employers;

(d) Improve the image of Afghan national and counter the wrong

perception created by western media.

(e) Establish liaison with MoLSAMD and attend to all complaints

of the emigrants and find adequate remedy, and report to the

MoLSAMD; and



(f) Monitoring of the labor market trend of the host country and

send periodical reports to MoLSAMD for taking appropriate

steps to meet/compete manpower requirements.

6.8 General Recommendations

Apart from the above procedural recommendations the following recommendations are

proposed to be considered for evolving an efficient and effective emigration system in the

country.

i. GoIRA is facing a number of challenges in the field of managing the migration in

the country. The country couldn’t prepare “Emigration Policy” and also policy on

“Employment of Foreign Workers” so far. The basic data on immigrants and

emigrants is not available which is essential to have rational policies. Labor

migration from Afghanistan, especially to neighboring countries such as Iran and

Pakistan has been largely unregulated. No doubt, the Afghan Government has

initiated the process of developing mechanisms to better manage migration but

requires comprehensive policies to deal such issues. It is recommended that

priority should be given to establish the Policy formulation institutions and

prepare the policies and guidelines to manage the migration. In recent declaration

of CP countries the emphasis is also given to develop employment and labor

market policies and formulate rules, regulations and procedures that are

conducive to the pursuit of legal, humane and orderly labor migration.

ii. The government should extend its meaningful cooperation with the regional and

international partners to develop regulatory and institutional framework to

eliminate unethical practices concerning migrant workers, rationalize migration

costs, and prevent slippage of regular migrant workers into any form of

irregularities.

iii. MoLSAMD has signed MOU with Qatar government to avail job opportunities

for Afghan nationals. The MoLSAMD has granted permission to eight POWP to

find jobs for Afghan nationals in the Qatar. Such MOU in general is not helpful to

Promote labor migration. The ministry should motivate or try to get specific

public sectors demands from various labor absorbing countries to supply

manpower from Afghanistan.

iv. The high level government delegations should include labor migration as a

priority in agenda of the discussion during foreign visits and motivate other

countries to fix quota for Afghan nationals in employing the foreign expatriates.

The government delegations should also make efforts to clear the wrong

perception/image about Afghan nationals.



v. PRU has an important role in newly proposed emigration system. The unit should

analysis the international labor markets to work out the manpower requirements

in host countries and prepare a plan to meet those requirements. The unit should

prepare the country wise requirements and to suggest the way and means to meet

those requirements.

vi. National Skill Development Programs should be redesigned keeping in view the

manpower requirements of labor absorbing countries and prepare programs for

skills training and development of potential migrant workers to avail employment

opportunities.

vii. The capacity of Directorate of Policy, Planning and External Relation should be

enhanced in the field of labor markets research to assess the current and projected

internal and external needs.

viii. The measures should be taken to support capacity building of employers’ and

workers’ organizations, non-governmental organizations to collect and

disseminate relevant legal, procedural, labor market, and socio-cultural

information to intending migrants.

ix. The PRU should prepare the small informative booklets on the countries where

Afghan workers flow is high. The booklet should contain the basic information

about the country like wise currency’s name and its units, country’s language,

important rules to follow by the foreigners etc.

x. Since the Afghanistan is a member of many international and regional forums

which gives the priority to protect the emigrants’ rights therefore, some important

measures may be taken such as establishing a toll free help line and deputing one

official after normal office timings in Afghan missions to record the complaints

and provide immediate relief. A simple and easy mechanism of addressing the

complaints of workers in foreign missions may be introduced.

xi. A revolving fund should also be created for those Afghan workers who are either

deceived by POWP, relative, friends etc to pay their legal fee to solve disputes in

foreign countries’ courts. It is observed that some Employers/Kafils in Middle-

East countries exploit the workers and hold their passports and either don’t pay

salaries or less than mentioned in FSA. In such cases they need help and such

revolving fund may help a lot to them. Where large number of cases is reported,

community centers based on Philippines model may also be established to prove

temporarily shelter.

xii. The BOM should arrange a proper pre-departure briefing/counseling to emigrants.

The PRU may design material in collaboration with MoFA and its missions in

various labor absorbing countries for such pre-departure briefings. The BOM may

also introduce the protecting health of emigrants through ensuring proper health

education, prevention and access to health services and insurance coverage.



xiii. Another problem being faced by GoIRA is regularization of undocumented

emigrants in other countries. A counter in the foreign missions may be established

with the participation of MoLSAMD to register the all Afghan worker. Since

UNHCR and IOM have done lot of work on Afghan refugees even conducted

census/survey therefore the registration task may be restricted up to Afghan

workers. The workers should be given confidence that such registration is in their

interest and will protect their rights.

xiv. MoI should work out a mechanism for Afghan deportees. The irregular workers

on repatriation are let go on the grantee of some respected person or may be fined

or a warning duly recorded on the passport. The proposed SCES may develop a

“deportee-friendly” mechanism. Sometime deportees’ workers are found

possessing valid documents but without having been provided an opportunity of

claiming their lawful dues from an employer as well as disposal of their

belongings. There is a need to institutionalize a mechanism facilitating them

immediate relief in the host country. In such case of deportation, the BOM,

MoLSAMD and MoFA may facilitate in settlement of deportee’s dues.



Annex-A

ORGANIZATIONAL STRUCTURE

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

(POEA)



Annex-B

Organizational Chart

Sri Lanka Bureau of Foreign Employment (SLBFE)



Annex-C

[Government of Afghanistan’s Emblem]

ISLAMIC REPUBLIC

OF

AFGHANISTAN

MINISTRY OF JUSTICE

OFFICIAL GAZETTE

Regulation on dispatching laborers abroad

Date of issue: November 21, 2006

Issue Number: (906)

Ratification of the Cabinet of the Islamic republic of Afghanistan

Number: (22)

Date: 10/2/2006

The Regulation on Dispatching Laborers Abroad containing 4 Chapters, 11 Articles

ratified by the Islamic Republic of Afghanistan Cabinet is being observed.

This Regulation in enacted from the date of ratification and should be issued in the

Official gazette.

Hamed Karzai ( حامد كرزي) President of the Islamic Republic of Afghanistan



In the name of God, the Compassionate, the Merciful

The Regulation on Dispatching Laborers Abroad

Chapter One

General Orders Basis Article One:

This Regulation has been made for the purpose of regulating the affairs related to dispatching

Afghan laborers abroad and their employment, prevention of unemployment, and access of

laborers to appropriate income.

Dispatch and Employment Article Two:

Dispatch and employment of Afghan laborers is confirmed based on bilateral and multilateral

agreements with the applicant countries by Ministry of labor, Social Affairs, Martyrs and

Disabled with cooperation of Ministry of Foreign Affairs based on the rules of this regulation.

Terms Article Three:

The upcoming terms in this Regulation convey the following concepts:

i. Laborer: is an individual who, for the purpose of employment, is

employed abroad based on the rules of this Regulation.

ii. MOU: is a written document [signed] between the dispatching country

and the employing one based of which the laborer is dispatched to the

applicant country.

iii. Applicant country: is the country which is one side of the agreement

and is in need of Afghan labor force.

iv. Agreement: is a protocol between the employer and the Afghan laborer

wherein the work conditions, rights, responsibilities, and benefits of the

parties is confirmed.



v. Employer: is the governmental office or private sector of the foreign

country or the company that has invested abroad.

Chapter Two

Dispatch and Employment

Conditions of Dispatch and Employment Article Four:

The following eligible laborers will be dispatched and employed for the purpose of work:

i. Having Afghan citizenship.

ii. Having at least 18 years of age.

iii. Access to one of working professions.

iv. Being physically and mentally healthy.

v. Not having been convicted of felony and misdemeanor, unless in

the case of clearing one’s name.

vi. Completion of Employment Form.

Obligations of Laborers Article Five:

(1) The laborers who are dispatched and employed abroad for the purpose of working

have the following obligations:

i. Having legal travel documents.

ii. Initial familiarity with the culture and traditions of the country they

are dispatched to as well as observing the rules and principles of

the employing office.

iii. Observing the laws and regulations, and avoiding actions that are

against the beliefs, religion, creed, and the culture of the country

they are dispatched to.

iv. Avoiding the actions that are against the national interests of

Afghanistan in the employing country.

v. Avoiding other actions that would breach the agreement.

(2) During making the agreement and through the employer’s source, the Ministry of

Labor, Social Affairs, martyrs and Disables as well as the Ministry of Foreign Affairs



are required to provide the background to actualization of the issues contained in

Subsection 1 Section 1 of this regulation.

Chapter Three

Requirements and Capabilities of Ministry of Labor, Social Affairs,

Martyrs and Disabled Individuals

Requirements Article Six:

The Ministry of Labor, Social Affairs, Martyrs and Disabled Individuals has the

following requirements:

i. Design and arrangement of specified plans and programs for the

purpose of providing backgrounds of job hunting, dispatch and

employment of Afghan laborers abroad.

ii. Search of countries, private sectors, or companies needing labor

force, and preparing the background for dispatching the laborers.

iii. Design and arrangement of job-finding forms and registration

offices.

iv. Investigating the work and living conditions, the manner of paying

wages, security and social security of Afghan laborers in the

employing countries.

v. Considering the conditions of the laborers during the natural or

man-made incidents and taking necessary measures towards

reaching an understanding with the employing sources.

Capabilities Article Seven:

The ministry of Labor, Social Affairs, Martyrs and Disabled has the following

competences:

i. Making bilateral or multilateral letters of understanding,

agreements, and contracts with the employing sources in

accordance with the laws applicable in Afghanistan with the

cooperation of ministry of Foreign affairs.

ii. Establishing and equipping the Labor Attaché office in proximity

of the political bureaus of Islamic Republic of Afghanistan in the



employing countries where the number of the [Afghan] laborers is

more than five hundred.

iii. Resolving the disputes between the laborer and the employer

towards reaching to an understanding with them.

iv. Cancelling the contract when the Government of Afghanistan is in

need of laborers, and returning them to the country.

Conditions of the Agreement Article Eight:

The agreement of employment and dispatch of laborers abroad contains the following

conditions:

i. Performance of the duty in accordance with conditions contained

in the agreement.

ii. Preparing the background to arrange preliminary courses for the

purpose of familiarity with society, the environment, and the

workplace.

iii. Determining the amount of wage and other rights.

iv. Determining the type of job or profession.

v. Guaranteeing of taking jobs when doing so would be in violation

of Islamic Law.

vi. Providing food and lodging.

vii. Determining the venue of the making of the agreement.

viii. Guaranteeing the work and residence visa.

ix. Providing insurance and social security.

x. Providing travel expenses (round trip).

xi. Vacations.

xii. Ascertaining the work place.

xiii. Awarding work permit.

xiv. Determining the work protocol.

xv. Providing security.

xvi. Providing conditions for using public benefits.

xvii. Providing and observing laws, regulations, agreements, and

principles accepted by the International Labor Organization (ILO)

and the International Organization for Migration (IOM).

xviii. Providing the connection of the laborer with the Afghanistan

Political Bureau.



xix. Providing the connection of the Afghanistan Political Bureau with

the source and the Ministry of Labor.

xx. Verification of the time worked at the time of the termination of

the agreement.

xxi. In case of the death of the Afghan laborer, the provision of

shrouds, burial, and the transfer of the body to Afghanistan.

xxii. Provision of compensation for work-related health injuries in

accordance with laws, regulations, and international agreements.

xxiii. Instances of contract cancellation.

Chapter Four

Miscellaneous Regulations

Previous Migrant Laborers Article Nine:

Work relations of the Afghan migrant workers who have been or are employed in the

foreign countries before the enactment of this Regulation, in understanding with Ministry

of Return of Immigrants, are regulated based on the rules of this Regulation.

Possible Disputes Article Ten:

(1) In case of a work-related dispute between the laborer and the employer, the Afghan

Political Bureau will be notified of the matter the matter, and through [reaching to an]

understanding first the dispute will be resolved involving the labor union of the

employing source.

(2) In case the dispute can not be resolved through an understanding, it will be resolved

taking into account the laws of both countries, the agreement or the contract, work-

related laws of the International Labor Organization (ILO) and International Organization

[for Migration] (IOM).

Enactment Article Eleven:

This Regulation is in effect from the date of ratification and should be issued in the

Official Gazette.



Annex-D

Islamic Republic of Afghanistan


Directorates of Improving Labor Conditions and

Directorate of Dispatching Workers to abroad

Procedure of Issuing Work License to Private Work Promoter and Dispatcher

Company of Afghan Workers to Abroad

Year: 2008



Procedure of Issuing Work License to Private Work Promoter and

Dispatcher Company of Afghan workers to abroad

This Procedure is reliant on article (151) of Labor Law of the Islamic Republic of Afghanistan,

to implement Bylaw on dispatching workers abroad which is issued in the Official Gazette #

(906) on the date of 1385/8/30 with having below conditions.

National and International Work Promoter organizations which have qualifications to dispatch

workers to abroad, must to present below information to the MoLSAMD

1. Office Address inside the country or outside

2. Phone # Fax: E-mail:

3. Bank credibility document

4. Guarantee of (1000000) one million AFs

5. Statutes

6. Commitment of dispatching and returning of workers

7. Presenting required workers’ list of the employer through political mission and Ministry

of Foreign Affairs

8. Approval of the Ministry of Labor of the country where the employer is operated

9. Address of the administration or employer in respective country

10. Telephone, Fax and E-mail address of the employer

11. Below conditions are to be committed by employer at the time of employment

Obtainment of functions according to the contract

Arranging preliminary courses for the purpose of familiarity with society, the

environment, and the workplace.

Determining the amount of wage and other rights.

Determining the type of job or profession.

Guaranteeing that, workers not to be engaged in contrary to Islamic Law

Providing food and lodging or alternative.

Determining the term of agreement.

Guaranteeing the work and residence visa.

Providing insurance and social security.

Vacations.

Guaranteeing to take work permit.

Determining the work conditions

Providing of worker’s security.



Providing conditions for using public benefits.

Providing and observing laws, regulations, agreements, and principles accepted

by the International Labor Organization (ILO) and the International Organization

for Migration (IOM).

Providing the connection of the worker with the Afghanistan’s Political mission.

Providing the connection of the Afghanistan Political mission with employer and

the Ministry of Labor.

Verification of the time worked at the time of the termination of the agreement.

In case of the death of Afghan worker, provision of the expenditure of shroud,

burial, and the transfer of the body to Afghanistan.

Provision of compensation for work-related health injuries

12. Cancellation of the contract from employer’s side according to the status of the contract.

13. Cancellation of the contract from employee’s side according to the status of the contract.

14. Responsibilities of the employer and employee in case of either individual or mutual

cancellation according to the status of the contract.

15. In case of dispute, employer is committed to, first step; to solve that with the help of

workers’ union, second step; with the cooperation of either worker’s attaché or political

mission and ministry of labor in respective country, third step; solving trough judiciary

authorities

16. Commitment of the employer to compensate Afghan worker after acquitting.

17. Commitment of the employer to pay salary and other worker’s rights on time as per

country’s workers

18. Commitment of the employer to let worker to perform the religious activities

19. Commitment of the employer, not to invite afghan worker to perform political activities

against Afghanistan and respective country.

20. Cancelling the contract without any conditions when the Government of Afghanistan is in

need of workers, and returning them back to the country.

21. The work promoter administration is committed not to dispatch workers abroad without

approval of MoLSAMD

22. MoLSAMD is monitoring all the processes of dispatching workers to abroad and issuing

Licenses to work promoter Companies.

This procedure is containing 22 articles and after approval of the Ministry of Labor, Social

Affairs, Martyrs and Disabled will be implemented in dispatching afghan workers’ affairs,

trough Private work promoter companies which are going to sign agreement with the Ministry.

Approved by

Mohammed Ghaus Bashiri

Deputy Minister of Work



Annex-E

Islamic Republic of Afghanistan Ministry of Labor, Social Affairs, Martyrs and Disabled

Deputy Minister of Labor Affairs

Work Promoting Agreement on the Employment of Afghan

Workers abroad



Work Promoting Agreement on the Employment of Afghan Workers

Abroad Between POWP and MoLSAMD

And

)------------------- Work Promoting Company(

Ministry of Labor, Social Affairs, Martyrs and Disabled Company’s Name------------------------------

Address: Address in Afghanistan:

------------------------------------------------------

Telephone: ----------------- Telephone: --------------------------------------

P.O.Box:--------------------- Fax: -----------------------------------------------

Fax: ---------------------------- Email: --------------------------------------------

Email:

This agreement is according to the article (15) of Labor Law for work promoting and engagement of

Afghan workers abroad with having the following conditions:

Authorities and Responsibilities of the MoLSAMD:

1. Distributing of work promoting license in exchange of (1000000) one million AFs

2. Assessment and fixation of qualified workers with the cooperation of other stakeholders.

3. Registration of dispatching qualified workers to abroad.

4. Providing facilities for the obtainment of passport and exit visa.

5. Monitoring of working conditions and other commitments according to status of work contract of

Afghan worker abroad with the cooperation of work promoting company and employer.

6. In case of dispute, Establishing of a firm to resolve dispute with the cooperation of political

mission of Afghanistan and the Ministry of labor of the country where the afghan worker is

employed.

7. Getting decision about to extend or not to extend should be taken one month ahead of the expiry

date of the contract, and informing work promoter company, political mission in respective

country and employer organization about that.

8. Designing and arranging of a special employment form abroad.



9. Considering the conditions of the workers during the natural or man-made incidents and taking

necessary actions with the cooperation of work Promoter Company, political mission in respective

country.

10. Cancellation of the work contract in case of urgent need or decision of Afghan government and

informing Work Promoter company, political mission in respective country and employer

organization about that

a) Company’s Obligations:

The company or organization must to provide the following documents to the Ministry of Labor,

Social Affairs, Martyrs and Disabled:

11. Complete information and address of the employer

12. Bank credibility

13. Guarantee of (1000000) one million AFs (at the time of dispatching afghan workers)

14. Presenting required workers’ list of the employer, through political mission and Ministry of

Foreign Affairs

15. Obtainment of residence visa and work permit.

16. Commitment on dispatching of afghan workers to the employer and returning of workers at the

time of the contract termination to Afghanistan

17. Salary and other privileges of the workers in each required skill should be specified and present to

the MoLSAMD, which could not be less than the minimum salary in employer country.

18. Commitment of the employer on below conditions:

Workers not to be engaged in contrary tasks to Islamic Law

Provision of food and accommodation.

Determining the term of agreement.

Insurance facilities and social security

Vacations according to the labor law of the respective country

Fixation of working place.

Provision of conditions for using public benefits.

Observation of the rules and regulations of the country, International Labor

Organization (ILO) and International Organization of Migration (IOM).

Providing connection of the worker with the Political mission

Providing connection of political mission with ministry of labor of source and

host country

Verification of the time worked at the time of the termination of the agreement.



Provision of compensation for work-related health damages and in case of the

death of Afghan worker, provision of the expenditure of shroud, burial, and the

transfer of the body to Afghanistan.

Providing aforementioned information to the Ministry of Labor, Social Affairs,

Martyrs and Disabled and also to the labor’s attaché if available.

19. In case of offending from the privileges of this agreement, the ( ) company must

to pay all workers’ expenditures and also pay (30%) of the affected worker’s salary as fine to this

ministry.

b) Bilateral obligations:

The Ministry of Labor, Social Affairs, Martyrs and Disabled and the (XXXXXXX) company must to

follow and observe the followings:

20. Observing rules of International Labor Organization (ILO), International Organization of

Migration which Afghanistan is adherence to, and also observing rules of country where afghan

worker is employed

21. In case of admissible cause or any other reason which is driven this agreement to cancellation,

either side should inform the other one month ahead of it, otherwise the article #18 of this

agreement will be implemented.

22. Banking facilities should be provided in Afghanistan and in the country where the Afghan worker

is employed.

23. The (XXXXXX) company is committed that, before dispatching workers to abroad, in advance the

30% work promoting commission will not be taken; it will be taken from the first month’s salary.

24. This agreement will be enforced after the signature of both sides and processing through the

Ministry of foreign affairs and other stakeholder with approval of the Ministry of Labor, Social

Affairs, Martyrs and Disabled.

Mohammad Ghaus Bashiri ---------------------------------

Deputy Minister of Labor Chairman of the company

Approved by

Noor Mohammad “Qarqeen”

Minister




Annex-F

Commitment Of

Afghan workers who dispatched through (Name of PWP) to (Country’s Name)

I ( ) son of ( ) grandson of ( ) born in ( ) permanent residence

( ) current residence ( ) ID # ( ) page ( ) volume # ( )

issued in ( ) passport # ( ) after all required process through ( ) for

( ) year with having sound mental and health condition without any

compulsions committed for below conditions to MoLSAMD.

1. Respecting employer country’s cultures

2. Respecting and observing rules and regulations of the employer organization

3. Observing and respecting rules and regulations of the employer county

4. Avoiding actions against religion, believes and custom of employer country

5. Avoiding strictly, actions in employer country against Afghanistan

6. Avoiding strictly, actions which breach my contract and commitments

7. In case of any problems immediately, I will either inform political mission or

worker attaché and will avoid solving that by myself, because it will create me

more problems.

8. I am strictly committed to avoid moving and changing my residential place

without permission of employer organization and Afghan authorities in employer

country.

9. In case of accidental incidents in employer country immediately, I will either

inform employer organization or political mission of Afghanistan in employer

country either, by myself or someone else and without any excuses I will let them

to check and search my residential place.

10. Whenever government of Afghanistan wants to cancel the contract with

government/private sectors or Employer Company, I will be 100 % agreed.

11. I have chosen a vocation and occupation for the conduction of which I have full

control and dominance

12. I have sound condition of mental and health and have no health problem

13. I am not convicted to crime in country or outside

14. I will attend all primary courses which are being held to familiarize me with

society, residential and working environment

15. I am committed that, all dispatching documents are processed accurately by me

without any fraud and falsification

16. I avoid any terroristic, political and destructor action against my own, employer

and any other country

17. At the end of the contract according to the guidance of authorities, I will return

back to Afghanistan. I completely understand the status of the aforementioned

commitment letter and fully agree with that, and will observe it.



Annex-G

Islamic Republic of Afghanistan Ministry of Labor, Social Affairs, Martyrs and Disabled

Directorate DDAWA *********

Work Finding Form of Dispatching Afghan Workers Abroad

Personal Information National ID Card

Pla

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f Is

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e

Permanent

Residence

Current

Residence

Photo

Na

me

F/n

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Gen

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Vo

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Vil

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rk

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ce

Sig

n a

nd

thu

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imp

ress

ion

of

fill

er

Name Address of ( )

Private Work promoting

Company

Inside the Country:

Outside the County:

Address and telephone # of

the worker’s relatives

Commission view:

Skills grade assessment

Registration # ( )

Page ( )

Volume ( )

Date: 2006/ /

Date: 2006/ /



Annex –H





Annex – I

UNDERTAKING

I Mr.………………………………………….S/o………………………………………….

Resident of:

Present Address: - ………………………………………………………………………….

………………………………………………………………………………………………

Permanent Address:- ……………………………………………………………………….

………………………………………………………………………………………………

National ID General #.........................................Page #........................Volume#.................

Holding Passport No. ……………….Date of Issue:-……………Place of Issue:-………...

Do hereby solemnly declare that:-

1. I have arranged my work visa for employment in………………as………

through:

i. My own efforts/my relative:

ii. POWP:

2. I shall be responsible myself in case I denied entry. I shall be held

responsible under Emigration Rules.

3. I will follow the each and every clause of contract with employer.

4. tI will respect and observe rules and regulation of employer country and

will not involve any terroristic, political and Anti-State activity.

5. I will respect the custom, cultures & traditions, and religious believes of

employer country.

6. I will return to my country after the expiry/termination of contract and will

not try to move any other country undocumented/illegally.

7. I will create better image of my country.

8. I will not accept any my deployment in Iraq or any other war zone.

9. All documents submitted by me are true and accurate.

Signature of Emigrant

Date:--/--/----



Annex –J

On Letter Head Pad of the Company

Permission of Processing Foreign Workers Demand We have obtained/arranged the following workers demand from M/s --------------------------------------------------- city ------------------------------------------------- Country ------------------------------------------ to be completed by ------------------------. The detail of which is as follow:-

S.No Job Title/Category of

Worker

Number of

Workers

Required

Monthly

Salary

Contract

Period

Others Fringes

Benefits

The process will be carried out through: Advertisement; Without Advertisement; In the presence of Nominees of the Employer; Without Nominees of the Employer; The recruitment process will be completed by -------------------------------- at our office/branch office --------------------------------------------------------------------------------------------------------- The permission may please be granted.

Authorized Signature of POWP

With Company’s Stamp

The permission is granted on the following conditions:

i. ----

ii. -----

Permission #:---------- Dated: ------------ Signature of DG/Representative



Annex - K





Annex- L

On Letter Head Pad of the Company

Consolidated Summary

Permission No: ------------------- Dated: ----------------------

Employer Country: ----------------- Total Workers: -----------

S.No Name of

Worker Job Title

Passport Details

Salary Contract

Period No Date Place of

Issue

Authorized Signature of POWP

With Company’s Stamp



Annex-M

Specimen of Application to Director General for Interview and Approval of Proposed Name of Agency

To

The Director General,

Bureau of Migration

Government of Islamic Republic of Afghanistan,

Kabul.

Subject: GRANT OF FRESH OVERSEAS EMPLOYMENT PROMOTER LICENCE.

Respected Sir,

I/We wish to obtain an Private Overseas Work Promoter License for the

purpose of assisting Afghan nationals for employment in foreign countries. I/we propose

the following names for approval one of them to prepare the necessary documents: -

1. M/s ……………………………………………….…………….

2. M/s………………………………………………………………………

3. M/s………………………………………………………………………

4. M/s. ……………………………………………………………………..

Yours obediently,

Dated: ………………………

Address…………………………………………..

…………………………………….

Email………………………………………………….

Telephone No.. ……………………………

Cell No ……………………………………….



Annex -N

Form: POWP - 1


Bureau of Migration

Kabul.

APPLICATION FOR NEW LICENSE

Sir,

I/we wish to obtain an Private Overseas Work Promoter’s License for the

purpose of assisting Afghan nationals for obtaining employment in foreign countries and

furnish following required information for your perusal.

1. Name of Applicant: (in capital letters)…………………………………………

…………………………………………………………………………………………………………………………………….

Phone/Mobile No. Mob.………………………Tele ………………………

2. Father’s name: (in capital letters)…………………………………………………………………………………..

………………..……………………………………………………………………..

3, National ID:General ...........................Page #:…………………...Volume #:…………..

4. Names and Father’s name of Partner (s)

i)…………………………………………………………………………………….

(National ID:General ............................Page #:…………………Volume #:……………

ii)……………………………………………………………………………………

(National ID:General ............................Page #:………………...Volume #:…………….

iii)…………………………………………………………………………………...

(National ID:General.............................Page #:…………………Volume #:……………

5. Proposed Name of Firm/Agency.

………………………………………………………………………………………………….

6. Address: i)

Present.……………………………………………………………………………………...

………………………………………………………………………………………



ii) Permanent…………………………………………………………………………..

……………………………………………………………………………………... iii)

Office:………………………………………………………………………………

……………………………………………………………………………………...

7. Previous experience in handling and supply of Labor either at home or abroad

(give details and attach documentary proof); ………………………………………………………………………………………

…………………………………………………………………………………………

………………………………………………………………………………………

8. Business contract, if any with firm in foreign countries (give details and

attach documentary proof).

………………………………………………………………………………………

………………………………………………………………………………………

9 Financial status and ability to meet initial expenses in exploring foreign labor

(Attach Bank Statement)

………………………………………………………………………………………

………………………………………………………………………………………

10. Additional information, if any,(in support of application):

………………………………………………………………………………………

………………………………………………………………………………………

11. Declarations: -

a) I/we have read the rules and regulation of Emigration and undertake to abide

the provisions of these, the Rules and instructions issued or to be issued by the

Government or the Bureau of Migration from time to time.

b) I/we undertake to deposit a security of One hundred thousand AFs.

c) I/we enclose the following: -

i. Character Certificate.

ii. Banker’s Certificate

iii. Application Fee of Five thousand AFs

Signature: 1.________________________ 2.________________________ 3.________________________ Phone No…………………….Mobile No………………………………



Annex -O

SPECIMEN 0F GOOD CONDUCT/CHARACTER CERTIFICATE

ON THE LETTER HEAD PAD OF CONCERNED DEPARTMENT

No. …………………. Date: …………………

GOOD CONDUCT/CHARACTER CERTIFICATE

Certified that Mr.……………………………………..son of………………………

bearing National Identity Card No…………………………………resident of

………………………………………………………………………………………

does not bear any criminal offence as per record of …………………………

Police Station.

2. He bears Good moral character.

District Police Officer/MoI



Annex -P

SPECIMEN 0F BANK CERTIFICATE

ON THE LETTER HEAD PAD OF CONCERNED BANK

No. …………………. Date: …………………

Certified that Mr. ……………………………………………son of

…………………………………….. Is maintaining Current Account

No…………………………with us since………………………….. His

transaction with us has been satisfactory and indicates that he is man of means.

Signature of manager

(Name of Manager)

Stamp



Annex – Q

UNDERTAKING OF POWP

I………………………………………………son of………….………

Resident of …………………………………………………………….

do hereby solemnly affirms and declares as under: -

1. That I want to establish Private Overseas Work Promoting

Agency in the Name M/s ………………………………

………………………………………………………………

at……………………………………………………………

………………………………………………………………

2. That neither I am a partner with any other POWP nor I

have applied for license prior to this application.

3. In case of any unforeseen mishap, I will clear the payment

of emigrants by selling my OR my parent’s property.

That the contents of this affidavit are correct and true to the best of my

knowledge, belief and nothing has been concealed and no part of it is

false.

DEPONENT………………………….

N.I.C. NO…………………………….

Dated ………………………………



Annex - R

Form: POWP - 2


Bureau of Migration

Kabul.

APPLICATION FOR RENEWAL OF LICENSE

Sir,

I/we wish to renew my/our Private Overseas Work Promoter’s License and

furnish following required information for your perusal.

1. Name of Firm/Company: (in capital letters)……………………………………… …………………………………………………………………………………………………………………………………….

License No……………………….. Issued on……………………………..……….

2. Office Address:……………………………………………………………………..

………………………………………………………………………………………

Mob.………………………... …. Tele………………………................

3. Proprietor’s Name(in capital letters:……………………………………………......

National ID:General ...........................Page #:…………………...Volume #:………….

4. Father’s name: (in capital letters)…………………………………………………………………………………..

National ID:General ...........................Page #:…………………...Volume #:…………..

5. Are Partners changed than Previously reported (if Yes than give detail):-

6. Names and Father’s name of Changed Partner (s)

i)…………………………………………………………………………………….

(National ID:General ............................Page #:…………………Volume #:……………

ii)……………………………………………………………………………………

(National ID:General ............................Page #:………………...Volume #:…………….

iii)…………………………………………………………………………………...



(National ID: General.............................Page #:…………………Volume #:…………

7. Detail of Work Done during Previous Licensed Period:

S.No Demand Processing

Permission No

Date Number

of

Emigrants

Employer

Country

Salary/ Fringes

Benefits

8. Year wise detail of emigrants proceeded abroad.

S.No Year Category of

Worker

Employer

Country

Number of

Workers Remarks

9. Justification for renewal (If no work done previously): - ……………………………...

…………………………………………………………………………………………..

…………………………………………………………………………………………..

10. Reasons if no work done during previous period):-………………………………….....

…………………………………………………………………………………………..

11. Financial status and ability to meet initial expenses in exploring foreign labor

(Attach Bank Statement)



………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

12. Additional information, if any,(in support of application):

………………………………………………………………………………………

………………………………………………………………………………………

11. Declarations: -

d) I/we have read the rules and regulation of Emigration and undertake to abide

the provisions of these, the Rules and instructions issued or to be issued by the

Government or the Bureau of Migration from time to time.

e) I/we undertake to deposit a security of One hundred thousand AFs. …………

f) I/we enclose the following: -

iv. Character Certificate.

v. Banker’s Certificate

vi. Application Fee of Five thousand AFs.

Signature:

1.________________________

2.________________________

3.________________________

Phone No…………………….Mobile No………………………………



Annex - S

Organizational Chart of BOM (Option I)

Organizational Chart of BOM

(Option II)

EESA1_28_06_11

Documents

evolving emigration

social affairs

human resource development

chief of planning commission

chief economist of pakistan

deputy chief

disabled report

pakistan email