Nepal has so far signed bilateral agreements or memorandums of understanding (MoU) with nine labour destination countries, mostly situated in the Gulf. Except for the agreements signed with Israel and Jordan, the other seven were just MoUs, which have failed to ensure that Nepali migrant workers working in the destination countries would be treated at par with the host countries' nationals in terms of wages and other benefits. The MoUs reached with the Gulf countries have not been able to address the problems often faced by the migrant workers. Hence, it is imperative that the government authorities develop a standard framework for bilateral agreements on foreign employment to make it safe, dignified and orderly. Among the bilateral agreements that Nepal has signed, the agreement with Jordan is exemplary in terms of good practices. But similar provisions were not incorporated in other agreements. In a consultation meeting on 'Research on Nepal Labour Agreement with Destination Countries", organised by People's Forum for Human Rights, labour experts said that in the absence of standard framework for bilateral agreements on foreign employment, some key elements were missing in the seven agreements reached with the host countries.

The government should ensure that the employer pays for expenses of the migrant workers, including the travel and other costs. It would also be easy to reach a bilateral agreement with the labour destination countries if the government develops a standard framework for foreign employment. It has come to light that a Nepali migrant worker who was not supposed to pay any money for his or her travel to the destination country was made to pay up to Rs 500,000. Sixty-four per cent of the migrant workers going abroad said they did not keep their passports and travel documents, meaning that someone had them. Most of the migrant workers interviewed said they did not know about the existing grievances redressal mechanism in the host countries. It shows that majority of the workers were not aware of their rights in the labour destination countries.

Although the Ministry of Labour, Employment and Social Security has formed various taskforces to mange foreign employment and the domestic labour market, they seem to be working in isolation without any coordination with one another. The ministry also needs to make timely reforms in the Foreign Employment Act-2007 to make foreign employment safer, orderly and dignified. The government should strictly prohibit Nepalis from working in troubled countries, such as Ukraine at the moment, which is on the verge of a war due to tensions with Russia. But the government does not have up to date records of its people working there. As tens of thousands of Nepalis are working in other countries as migrant labourers, it is necessary for the government to develop a standard framework for foreign employment to create safe and orderly working conditions. A template agreement will be instrumental in addressing the woes faced by the migrant workers, who have contributed a lot to keeping the national economy afloat even during the coronavirus pandemic. The standard framework should be drafted in line with the guidelines of the International Labour Organisation.

Published on: 25 February 2022 | The Himalayan Times