The government seems to have realised the malpractices associated with the migrant labour sector. Recently, it set up a high-level committee under Ganesh Gurung. It presented 30 recommendations to the government which has implemented most of them. Though there is much criticism of manpower companies (MPCs), a majority of them are operating under the current act professionally and sincerely.

 

However, there are quite a few MPCs that cheat poor migrant workers. They force innocent workers to sign two contracts, one which states their monthly salary as RM 546 (Malaysian ringgit) and another as RM 481. The workers are told to show the contract with the higher figure to airport officials and keep the other one. MPCs cheat workers on the promised salary and overtime pay. The workers are given different and harder work than the one stated in the contract. At times they are kept in a corral in a worse condition than animals with meagre food and without salary. Sometimes, they are never hired and left in the lurch which has even led to suicide.  

 

Problems are also invited by the workers themselves as they run away from the original company. Some workers have no resources to buy return tickets. Some become mentally disturbed. Sometimes, they get arrested at Kuala Lumpur airport. Workers sometimes suffer for several days as the MPC or its recruiting agent does not come to receive them at the airport.

Sometimes, the agents in Nepal do not pay the agent fees in Malaysia which is about US$ 300-500 per worker putting the workers at great risk. Sometimes, the MPC sends workers without the consent of the employer company (EC) forcing them to be illegals. Even after the abolition of the levy by the Malaysian government, a few ECs especially in the security and cleaning sectors are still deducting it. There are cases of delayed compensation payment to victims.

 

Labour laws, rules and regulations need to be modified to make them more suitable for safeguarding the rights of migrant labourers. It is highly recommended that wrongdoers be identified and punished harshly and no new MPCs be allowed to be registered with any of these persons in them. Nepali embassies should be the only organisations to attest labour demand documents. Increased resources are required at the embassies for better support in terms of raising awareness, hiring lawyers, engaging extra hands, visiting jails and detention depots and rescuing and sending home the needy and ensuring proper pre-departure training and genuine health checkups.

 

There has to be frequent and constant communication and coordination between the Nepal government, MPCs, agents, Malaysian government and embassy staff on massive awareness campaign on foreign employment. There should be no gap of staff at the embassy. Contact points and consular offices should be established at Penang and Johor.

 

The government must invest in employment creation so that youths entering the labor market and returning migrant workers get gainful employment. Our friendly countries and bilateral and multilateral donors and non-resident Nepalis should be encouraged to invest in Nepal to create employment and generate capital in the country. All the Nepali embassies around the world should focus on bringing investment towards mobilisation of our natural resources such as hydropower, stones, mountains and other sites of tourist attractions towards creating employment.

 

At this juncture, it is worth asking ourselves whether we are managing or mismanaging the migration business. In a scenario where workers are suffering for no fault of their own, there seems to be a need to think out of the box and go beyond the Labour Act.

 

Let me propose that the Department of Foreign Employment (DoFE) itself or a new semi-autonomous set-up be instituted and tasked and empowered to look for potential labour markets, advertising, recruiting, orienting and training, placement, follow up, monitoring and troubleshooting. This way, it is highly expected that the role of unscrupulous MPCs and employer companies and their rogue agents will be eliminated thus avoiding the major problems of innocent migrant workers.

 

In this newly proposed system, there is a need to have offices in all the 75 districts to advertise and disseminate pertinent information on labour issues and collect applications from potential migrant workers. For this purpose, a government office in each of 75 districts can be given the task. MPCs will help workers to come to this office to file their applications. It will collect applications with CVs in a format that includes various personal information including skills, interests and country of choice. The application is digitised and sent to the DoFE or the new central office.

 

The DoFE or the new office will be an agency to manage all aspects of migrant workers and perform tasks such as receiving applications. It receives labour demand from employers which is  processed solely by the embassies. It processes applications based on the information provided and the employer’s requirements. It manages pre-departure training for workers, health tests, insurance, worker visa, travel and so forth. It will monitor workers in close coordination with Nepali embassies abroad, the Migrant Workers Promotion Board and employers to solve any issue concerning workers including death and accident. It will also welcome returning workers as heroes and heroines. This new office will also plan productive use of remittance and provide orientation to returnees.

 

Adhikari is the executive director of the Institute of Foreign Affairs, Kathmandu.