PRAKRITI THAMI

Following the big ‘expose’ report, “Revealed: Qatar’s world cup ‘slaves’”, in The Guardian, the plight of Nepali migrants, particularly in Qatar and largely in the Gulf countries, has drawn a lot of international attention and sparked a national public outcry. The terrible working conditions faced by large portions of migrant workers are an issue that is in dire need of remedial action. However, while we are still centred on the plights of migrant workers, I would like to draw attention to another segment of the same bereaved population—returnee illegal migrants.

As those of you who take an interest in issues pertaining to labour and migration are probably aware, Nepal has, in the last seven months, seen a drastic increase in the number of returnee illegal migrants. On April 6, Saudi Arabia, in what it claimed to be a measure to clean out their labour market, launched new legislation granting a period of amnesty until November to illegal migrants. This was the golden ticket out for thousands of illegal migrants, including 35,000 Nepalis to date. Similarly, Malaysia followed suit in starting its own three-month-long crackdown on illegal migrants last month. However, the Malaysian government is not only arresting and deporting illegal migrants, it is also heavily fining them. This measure is expected to result in the eventual deportation of an estimated 40,000—65,000 Nepali migrants.

Regardless, in the case of Saudi Arabia, the Nepali government, to its credit, got its act together, rose to the challenge and assisted the return of Nepali migrants who sought amnesty by providing them with the necessary travel documents. In contrast, despite the increasing frequency of reports on the number of Nepali migrants being arrested and imprisoned due to their inability to pay the fine imposed in Malaysia, the Nepali government has remained mum on the matter, giving no indication that it will provide assistance to its citizens in need.

In light of these facts, there are two issues of importance that I would like to offer up for further deliberation. First, should the Nepali government bear the responsibility of retrieving imprisoned illegal Nepali migrants from Malaysia? Given the numerous reports of fraud by manpower agents leading to the consequent abandonment of workers in foreign countries, accounts of abusive employers in the destination countries, salary discrepancies from what was initially promised and so on, it would seem that the illegal status of many might have arisen out of circumstantial exigencies as oppose to a wily disregard for laws that could morally justify the imposition of such heavy fines.

Add to this the fact that the average worker in Malaysia after scrupulous penny pinching, on a generous estimate, is able to remit only Rs 90,000, after working for an entire year, to help sustain the needs of their family. Compare this with the Malaysian government’s fine of roughly Rs 28,200 for up to 30 days of illegal status, Rs 31,300 for over 30 days and up to six months, Rs 62,610 for over six months up to three years and Rs 93,910 for more than three years. A simple glance at these numbers tells us that it is a far reach for the average migrant, even granting that they were employed prior to their arrest, to be able to pay the fine, as well as fund their return to Nepal.

Second, the return of this substantial portion of our active population, from both Saudi Arabia and Malaysia, begs the question of what is to become of them in Nepal, where unemployment is at a high of 46 per cent. If we are to combine the number of returnee illegal migrants, current as well as expected, there will be an additional 75,000—100,000 entrants in the Nepali labour market this year. In other words, we are looking at a 19-25 per cent increase in the number of new entrants into our labour market from the projected 400,000 to approximately 475,000 to 500,000. This means that the returnee illegal migrants, most of whom have loans looming over their heads and dependent families, are also to face extra competition for jobs that are already scarce. Hence, it would seem that if something is not done urgently to address the employment needs of this population, we are just waiting for these desperate returnee illegal migrants to embark on yet another cycle of migration fuelled by the scarcity of local employment. ?

Having said this, consider the fact that the foreign employment welfare fund currently holds approximately Rs 1.9 billion. This fund was established under the aegis of the Foreign Employment Act 2007 in an effort to provide social security for migrant workers and ensure their welfare. This fund consists mostly of government-mandated deposits made by all migrants who have gone for foreign employment legally and the interest accrued on this deposit. While the guiding principles of the fund state that the fund, among other things, is to be used to repatriate workers to Nepal, it is restricted to instances where the migrant worker holds legal status and has incurred an injury at work.

However, as a significant portion of illegal migrants, like those currently imprisoned in Malaysia, only gain their illegal status after reaching the destination country; they have all made deposits into the welfare fund. Furthermore, even if the government were to bail out every single illegal migrant at the maximum fine, that would cost approximately Rs 450,000 to 600,000; at the most, a mere 0.24-0.32 per cent of a scratch on the fund itself.

Similarly, the guiding policies for the use of the fund also state that a portion of it is to be used to launch employment-oriented programmes for returnees. However, nothing concrete has been done in this direction thus far. The proper utilisation of this resource at this crucial time of need could make the world of a difference in the lives of thousands of Nepali citizens.

Published on: 30 October 2013 | The Kathmandu Post