The age ban on women migrants is not only hurting women but also Nepal’s GDP

Roshan Sedhai

Nepali Ambassador to Saudi Arabia Udaya Raj Pandey left many agape with his recent revelation that over 70,000 Nepali women are currently working in the Islamic nation despite the Nepal government’s blanket ban on women under the age of 30 migrating to the Gulf for work.

Ambassador Pandey further claimed that a great many of these women migrants were arriving illegally via third countries, mostly India. The embassy, he said, had been witnessing an increased inflow of victimised female workers seeking financial and legal redress. The ambassador’s statement comes just as the government claims to be “strictly enforcing” its ban and working diligently to address “irregularities” in the foreign employment sector.

The ban, instead of acting as a balm for the many women migrants who are often victimised and exploited, has prompted more women to choose illegal routes to foreign jobs. Stakeholders claim that over 200 Nepali women are migrating to the Gulf and the Middle East every day through India, Bangladesh and the notorious “setting” practice at Tribhuvan International Airport.

Following a Cabinet decision, government spokesperson Raj Kishor Yadav justified the ban by citing widespread physical, sexual and psychological exploitation of female Nepali migrant workers in the Gulf. Officials at the Ministry of Labour and Employment (MoLE) added that foreign employment agents and human traffickers were even sending minors abroad for work, falsifying their real age with the help of forged passports.

However well-intentioned the government ban might be, the rise in the number of Nepali domestic workers in countries like Bahrain, Lebanon, Oman, Jordan and Yemen shows that the decision was grossly myopic. Besides prompting more women to choose illegal routes, the ban is also likely to have long-term impacts on the foreign employment industry, given the swollen number of illegal workers in the Gulf countries.

Because of the ban, unscrupulous agents are tapping into a great pool of desperate workers looking for lucrative jobs in foreign markets. These agents get a higher commission, sometimes as much as $2,000 per worker, and the prospective employers themselves bear the cost of the ticket, visa processing and false documentation along third-country routes.

Since these workers get the opportunity to go abroad free of cost, they care little about the possible hazards of migrating illegally. Many, trapped in desperate poverty, don’t think twice before leaving for the Gulf via India or other countries despite the horror stories they might have heard. An abysmal poverty lies at the root of the problem.

The government’s fundamental error has been not acknowledging the reason why Nepalis are migrating in droves. Instead of tackling the cause, the government is content with slapping on a band-aid and claiming that the problem has eased. Furthermore, the government has done little to safeguard workers’ rights. It has failed to even impart awareness and orientation to workers, let alone professional training and language classes. Thus, more and more workers are arriving in foreign countries with little or no knowledge of the country, its customs, traditions and laws. They don’t speak the language, and don’t even expect the harsh climactic conditions that the Gulf countries are notorious for.

The government’s previous attempts at a ban should have made it clear that prohibition is never the solution to the real problems of abuse and exploitation. Rather that restricting women’s freedom of movement, the government should instead have focussed on strengthening the state mechanism, tightening security at the border with India and punishing illegal agents, human traffickers and civil servants who issue fake documents to minors and the ineligible. Given the impact that women migrants are having on the national economy, it is foolhardy to stop them from working abroad.

According to the National Living Standard Survey 2011, around 55 percent of the households in the country are receiving remittance from abroad. The survey showed that remittance accounts for 20 percent of the total Gross Domestic Product (GDP). Experts credit women migrants with a significant portion of the total remittance. Thus, the ban is not only hurting women but also harming the country’s GDP. It is only a matter of time before the government realises its mistake.

However, many steps will need to be taken soon if the safety of the migrants is to be assured. The first should be to ascertain the exact number of women and overall migrant workers in the Gulf and the Middle East. The findings can prove useful in drafting a new policy for a state that is currently clueless about the exact number and condition of its citizens in foreign lands. Immediately, the government should lift the ban and accelerate the signing of agency agreements between the agencies of the sending and receiving countries. Then, the government should make it easier for legitimate foreign employment agencies to send women workers abroad under stringent laws and strict monitoring.

Despite the unsavoury reputation they enjoy, these “manpower” agencies are the only people the government can count on at the moment. However, nothing is more prudent than paving the way for safe migration. Except for countries the United Arab Emirates, South Korea and Qatar, Nepal has not signed labour agreements with any other destination country. Furthermore, no major labour destination except for Malaysia has an embassy in Nepal. Thus, workers are forced to visit India or elsewhere to get their visas, making it harder for the state to oversee malpractices. Signing separate agreements or a memorandum of understanding (MoU) concerning only female workers can also be helpful in winning the commitment of destination countries.

Saudi Arabia has said it is ready to sign such MoU. Also, the government can also formally request the destination countries to bring about liberal provisions for women workers. In Islamic countries that still practice the Kafala (sponsorship) system, which many rights groups have criticised as being inhuman, a separate law could come as a huge relief. The government can learn from other countries. After serious exploitation of workers, the governments of Bangladesh and Malaysia have agreed to send their workers through state-tostate channels.

Coincidentally, the National Human Right Commission is hosting an international conference on cooperation between human rights institutions for the protection and promotion of the rights of migrant workers in the Asia-Pacific region. This could be a good opportunity for rights groups and the government to ensure the rights of women migrants.

Published on: 27 November 2012 | The Kathmandu Post