The repugnant and reprehensible deportation of Bangladeshi workers is indicative of the country’s level of compliance with international Convention on the Protection of the Rights of Foreign workers. Editors and Bloggers have been quick to criticise (and quite rightly so) the “ Manu Militari” behaviour of the “labour” Minister. However, as of now they have focused solely on the Minister’s character rather than on the real issues involved. This regrettable incident has both local and international dimensions. There are some 200 Million foreign workers the world over (almost 3% of the World Total population). This International migration, which includes Mauritian citizens as well, has become an intrinsic feature of globalisation. It is a measure of the magnitude of the international migration that the United Nation (UN) has put in place comprehensive international treaties that guarantees the protection of migrant workers’ rights which emphasize the connection between migration and human rights. The UN Agency dealing with labour issues is the International Labour Organisation (ILO) which has two legally binding instruments relating to foreign workers: Convention No. 97 of 1949 (C97) and Convention No. 143 of 1975 (C143). Furthermore, the United Nations, has also a broad mandate to protect human rights, which is the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (ICMW) of 1990; it came into force in July 2003. Another important issue which I invite editors’ investigation is this: Notwithstanding the precise number that has been deported (14 or “une centaine” comme l’a ecrit Raj), it is the procedure or lack of it, that is of concern here. What legal procedures and powers has the Minister invoked to deport “Manu Militari” these workers? I take the view that deporting foreign Nationals, be it for national security reasons or simply as “Persona Non Grata” is a PREROGATIVE OF THE INTERIOR MINISTER ONLY (Read the PRIME MINISTER). Was the PM consulted and/or approved of the deportation? Or was it a case of “L’Etat c’est moi” ! If these workers had committed any unlawful acts, then it should be a matter for the Police to investigate, and for the DPP to charge them in a court of law. They should face the music like any ordinary citizen and should enjoy the presumption of innocence. The State should provide them with a lawyer in case they are unable to afford one. Such are the practices in mature and just societies. Workers are simply not DISPOSABLE GOODS with variable Expiry Dates! Even Refugees who have breached the laws of countries they are temporarily residing are not DEPORTED by default !! The image and status of a country is judged by how we treat and respect the weakest component of society be they citizen or foreign Nationals. Finally I notice the conspicuous absence of the Bangladesh Ambassador and our numerous Trade Union organisations ! Would have the Minister acted in the same way and hastily had these workers been Indian nationals ? I doubt it very much. Perhaps the link below provides a hint of the respect for foreign workers in mature countries. cic.gc.ca/english/pdf/pub/tfw-rights-english.pdf
Posted on: Sun, 08 Sep 2013 10:44:10 +0000