Bhanu Bhakta Acharaya

Almost everyday we come across news reports about Nepali migrant workers facing different hurdles and nuisances in foreign countries as a result of fraudulent documentation, physical and psychological exploitation, safety and security, dignity and justice and so forth. Such news come and go, but the Nepal Government is not accountable enough to handle these cases. The paradox is that the remittance sent back by migrant workers is important to run this country, but not the workers themselves.

According to the latest statistics, more than 2.5 million Nepalis are currently working abroad. Neighbouring India is the largest employing country where there are more than one million Nepali migrant workers. Other major job destination countries are Malaysia, Qatar, Saudi Arabia, Hong Kong, South Korea, Kuwait, the United States, Australia, Israel and Jordan. Nepal permits its citizens to work in 107 countries, but Nepali migrant workers are currently engaged in 77 countries only. Government statistics show that about 656 persons leave this country as migrant workers everyday. Approximately 75 percent of them are from poor families and are engaged in unskilled or low-skilled jobs in various countries of Asia Pacific. High class families choose rich destinations like Europe, America and Australia. The labour of these foreign workers accounts for 19.1 percent of the national income (US$ 270 million) although their average monthly income is estimated to be US$ 125 in Asia Pacific.

The problems they face

In spite of the slumping global economy, Nepali migrant workers have contributed a lot to this nation as a milk cow, but the government’s focus has been only on milking the cow, not caring for it. Nepali foreign workers have been exploited systematically in their own country and at their workplaces abroad. Potential migrants are cheated during the process of migration, which includes exaggerated briefing about the job and high charges as processing fees. The government’s monitoring in this regard has been significantly inadequate. The jobseekers are given low wages and different tasks than the ones they have signed up for. Moreover, the working environment has been deteriorating seriously.

Most of the foreign employment companies in Nepal (there are 609 registered with the government), hardly bother about the safety, security or wellbeing of the migrant workers. They send the jobseekers to foreign lands and leave them stranded there. The migrant workers cannot claim their rights at their workplaces because no job employment letter is given to them. Nor can they can change their job if they dislike it because employers confiscate their documents. They can also suffer forced dismissal without salary or compensation.

Every week one Nepali migrant worker one average dies in a foreign land due to bad or insecure working environment. Nepal lacks an effective and quick support mechanism to rescue workers in difficulty whether here or in the destination country. Nepal has suffered the horrendous experience of the mass killing of 12 Nepali migrant workers in Iraq in 2004. There are a number of examples this year too. A Nepali migrant worker was shot to death at his workplace in a gas station in South Carolina in the United States. Last September, 15 Nepali workers were stranded in Sri Lanka. The Nepal Embassy did nothing despite being informed by the NHRC of Sri Lanka. A ship carrying 12 Nepali workers capsized in the sea off Doha on Sept. 23. Hundreds of Nepali workers are imprisoned in Malaysia and in many Gulf countries for various reasons. Despite the hue and cry, Nepal’s diplomatic missions abroad are too passive, ineffective and hard of hearing.

What Nepal should do

Nepal should set five priorities in order to safeguard the human rights of migrant workers.

First, we have to update the database on migrant workers — how many Nepali migrant workers are working abroad and how many foreigners are working here. Since the Nepal-India border is open, unhindered entrance of Indian and other foreign migrant workers in Nepal is continuing.

Second, we have to conduct an awareness campaign on foreign employment. Foreign employment agencies have focused only on the opportunities, but there are considerable challenges as well. Potential migrant workers should be provided training (communication skills, knowledge of their rights and duties, psychological preparation to face challenges). Migrating without work and language skills puts workers at risk. Besides, they not only bring remittance, they also bring HIV/AIDS and flu. Therefore, jobseekers nationwide should be taught safe migration procedures.

Third, the government should sign bilateral agreements with the destination countries. We now have such agreements with four countries only, and the government has decided to station labour attachés in four other countries. Presently, we have enough semi-skilled and skilled human resources. So the government should give priority to signing bilateral labour agreements with developed countries like Japan, Australia and European countries.

Fourth, effective rescue by the Nepal Government has been a dream of every Nepali migrant worker, and it remains a dream till date. The government lacks sufficient funds, human resources and procedures. The government should mobilize its agencies like embassies and labour attachés in foreign lands to safeguard the rights and lives of Nepali migrant workers.

Lastly, ratification of  the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC) is most important because it asserts the rights of migrant workers and establishes state obligation with respect to migrant workers as human beings. Nepal, being a party to most of the important human rights treaties and a migrant worker exporting country, has not ratified this convention which gives recognition to migrant workers and guarantees their human rights. In Asia, Sri Lanka, the Philippines and Timor-Leste have already ratified the MWC.

Today, the contribution of migrant workers is one of the major driving forces of the economy worldwide despite the dirty, dangerous, difficult and perhaps deadly jobs they perform. In addition, they are emissaries of the country who spread fraternity, goodwill and social harmony in the world. Most of the migrant workers are victims of human rights violations. They are working in a vulnerable and voiceless situation due to legal, social, cultural and linguistic differences and prejudices. Nepal’s national policy is to bring in more remittance from migrant workers, but government efforts for the protection and promotion of their human rights are very inadequate. The government, therefore, must increase its efforts and investment, and make stakeholder agencies accountable.

Published on: 9 November 2009 | The Kathmandu Post