The Secretariat of Civil Society Campaign for Revision of Foreign Employment Act, People's Forum for Human Rights, Nepal, today submitted a 28-page memorandum to the Minister of Labour, Employment and Social Security urging the government to enforce employer pay model to ensure that migrant workers aspiring to work in foreign countries should not pay a single penny.

The Secretariat also urged the government to end the ban on women aspiring to work in Gulf countries as domestic maids. It urged the government to enforce criteria for foreign employment companies and to monitor their activities. Stating that the people should be made aware about the risk of using visit visa to work in foreign countries, the Secretariat urged the government to enact laws to abolish human trafficking, forced labour and human smuggling.

It said chief district officers should be given power to adjudicate minor cases related to foreign employment and that the parties aggrieved by CDOs' decisions could file appeals at the Foreign Employment Tribunal. People's Forum stated in its memorandum that in order to localise the investigation into foreign employment case,s police should be given power to investigate if anybody is involved in sending migrant workers abroad without obtaining licence for the job. It also urged the government to increase human resources and enter into bilateral agreements with the destination countries before opening up new labour destinations for Nepali migrant workers.

People's Forum also urged the government to set up foreign employment tribunals in each and to have a foreign employment bench at high courts.

Founder President of People's Forum Shom Prasad Luitel said they had urged the government to give CDOs the power to appoint investigators in cases related to foreign employment in order to ensure people's access to justice. "At present, the CDOs have the authority to award compensation to the victim, but when the two sides do not agree before the CDOs, those cases are taken up by the Department of Foreign Employment which proves to be a hurdle for the victims of foreign employment fraud," said Luitel, adding, "If CDOs are given power to appoint detectives in foreign employment related cases, many local people who have to come to Kathmandu to pursue their cases could get justice without having to come to Kathmandu."

Chair of National Network for Safe Migration Hari Thapa said the line ministry was not holding consultations with stakeholders before changing the foreign employment act. "We have given our suggestions about the proposed revision needed in the foreign employment act to almost all the labour ministers in recent years, but they do not pay heed to them," said Thapa and added that government bureaucrats working at the Ministry of Labour, Employment and Social Security must hold enough consultations with stakeholders before making any amendment to the Labour Employment Act.

The Secretariat of Civil Society Campaign for Revision of Foreign Employment Act, People's Forum submitted the memorandum after receiving signatures of more than 6,000 people from urban centres across the country.

Published on: 21 August 2023 | The Himalayan Times