Surya Nath Mishra

Economic diplomacy, which has different facets like employment, trade, tourism and foreign direct investment, is a matter of utmost importance to a diplomatic mission. As three million Nepali workers are employed abroad, and their remittance contributes 21 percent to the GDP, foreign employment is essentially one of the most important aspects of economic diplomacy. In order to make foreign employment safe, systematic and decent, a concerted effort is needed from the Foreign Employment Department, Foreign Employment Tribunal, Foreign Employment Promotion Board, Immigration Department and Diplomatic Mission.

The section 15.1.f. of Foreign Employment Act-2064 has curtailed the role of diplomatic mission in foreign employment management by making it optional for employer institutions to get their demand letter for Nepali workers attested by the diplomatic mission.  This not only decreases the revenue of the Government of Nepal, but also causes the workers to fall into a trap. Therefore, the provision for attestation of demand letter by the diplomatic mission should be made mandatory without the option to obtain prior approval to send the workers for foreign employment.

The employment contract signed between employer and employee is required to be submitted as per the section 19.1.e. of the Foreign Employment Act -2064 to get the labour permission sticker affixed on the passport of the workers. Yet most of the recruitment agencies get the stickers affixed by producing fake employment contracts. As a result, a diplomatic mission finds itself unable to get the workers’ rights established in the Labor Court on the basis of such employment contracts. Hence, the provision for endorsement of visa and employment contract of workers by the diplomatic mission should be made mandatory.

Thousands of Nepali migrant workers face serious problems due to the lack of legal awareness, and hundreds die every year due to poor health, safety and traffic awareness. They need proper predeparture orientation training, and it is highly expected from a diplomatic mission to launch awareness campaigns in co-ordination with the Foreign Employment Promotion Board, the Nepalese communities abroad and the Government of recipient countries.

A labor-friendly atmosphere needs to be created inside the chancery to save the workers from being depressed. The grievances of workers should be properly heard and addressed in co-ordination with the company management and labor department. This is possible only if a labor attaché has proper knowledge of the concerned country’s labor law and of local and English languages. The tenure of labor attaché should be at least three years to ensure his level of experience benefits the workers. Furthermore, there should be at least one Public Relation Officer for every hundred thousand workers to properly address the workers’ grievances.

A diplomatic mission must provide shelter and food to the stranded nationals until their problems are settled. If their problems could not be solved even after best effort, they should be rescued in co-ordination with the concerned departments and ministries of receiving and sending countries.

The employer institutions not co-operating with the diplomatic mission in settling workers’ genuine problems should be blacklisted and recommended to the Labor Department and Ministry of Labor for taking legal action. Their further demand letter should not be entertained until they settle the existing workers’ problems and make a written commitment of compliance with diplomatic mission in the days ahead.

The recruitment agencies making false promises to the workers, providing them with fake employment contracts, charging them excessive service charges and not co-operating with the diplomatic mission in settling their genuine problems should also be blacklisted and recommended to the Foreign Employment Department through Ministry of Foreign Affairs for taking legal action against them.

Thousands of Nepali migrant workers have been abandoned by their employers/sponsors, who evade the responsibility of providing outstanding salaries, leave salaries, end benefits and return tickets, while workers are erroneously charged with the violation of sponsorship law of the recipient country. In these cases, the diplomatic mission should make a request for general amnesty.

As there is no specific act and law protecting the interests of domestic workers in the Gulf Region, the diplomatic mission should develop safe measures after a careful study of the measures adopted by other countries sending housemaids and recommending them to the Government of Nepal.

The sec-23 of Foreign Employment Act 2064 empowers the Govt. to specify the minimum remuneration of workers. However, a diplomatic mission should reasonably determine minimum salaries of different categories of workers on the basis of the cost of obtaining a job, cost of living, cost of supplier, salaries of other migrant workers, economic condition of sending and receiving countries and quality of workers; this should then be recommended to the Government for specification and implementation.

While lack of educated workers is one of the serious problems, Nepal is erroneously known as an unskilled labour supplying country in the international job market. A diplomatic mission is required to launch an awareness campaign to remove such a misconception and explore better

and safer job opportunities. It should arrange high level visits for enhancing bilateral relations and take initiative ensuring workers’ rights are established. Unfortunately, most of our diplomatic missions are unable to discharge their assigned responsibilities. If workers’ rights are to be guarded, they need to be better equipped with physical, financial and human resources.

Mishra is a former Ambassador to Qatar

Published on: 1 July 2012 | The Kathmandu Post