SECTION 2 Pakistan’s Recruitment Regime: Failing to Protect Migrant Workers from Exploitation 2.1 The Recruitment Process Under Pakistani Law Under Pakistani law, the recruitment of workers for work overseas must either be through a registered OEP, the state-run Overseas Employment Corporation (OEC), or through an employment visa obtained directly by a worker from an employer overseas. Most migrant workers secure their jobs through Overseas Employment Promoters (OEPs), which are private recruitment agencies registered with the Bureau of Emigration and Overseas Employment (BEOE). The BEOE, and its seven Protector of Emigrant Offices,9 are responsible for issuing licences for OEPs and for overall monitoring and regulation of overseas labour migration of nationals from within Pakistan. The BEOE is also responsible for handling all complaints made against OEPs and supervising and monitoring their activities under Section C of the Procedure for Overseas Employment.10 OEPs must seek a licence under the Emigration Ordinance 1979 from the Ministry of Labour, Manpower and Overseas in order to recruit workers for overseas jobs. The Ministry typically issues a three-year licence for each individual OEP on the recommendation of the BEOE.11 OEPs can be fined or have their licences cancelled by the BEOE in the event of misconduct or misuse. When putting in a request for workers, prospective overseas employers issue what is known as a Demand Letter, attested by the Pakistani Embassy in the destination country or the Ministry of Foreign Affairs of the employer’s country, detailing the number of workers required, the types of positions, salaries and other relevant terms and conditions. OEPs receive the Demand Letter and then proceed to recruit workers either by advertising the position, going through an existing database of workers they may already have, or using local contacts in various locations in the country. A demand letter can be for an individual worker or for a group of workers. All of the OEPs representatives interviewed said that most workers they source for job orders from employers overseas come from pre-existing contacts, such as specific employers or recruitment agencies in destination countries. OEPs are required by law to advertise positions in newspapers.12 But they often advertise jobs through different means, for example, announcements from loudspeakers in mosques, recruitment through subagents or notices on walls because these are perceived to be more effective methods for attracting job candidates.13 OEPs cannot lawfully delegate or subcontract the responsibility of recruitment to a thirdparty, and the use of subagents is prohibited under the Emigration Ordinance.14 OEPs are required to provide the men and women intending to work overseas with a range of information on the recruitment process and their rights and responsibilities, are prohibited from charging workers any fees in line with 7