How to Protect Migrant Workers in Nepal

When Asha departed her native Nepal to take a job as a domestic worker in Dubai, she was excited at the prospect of saving money to support herself and her family. Once established in the United Arab Emirates, however, she found herself earning a fraction of what she had been promised. She discovered her low wages were due in part to the fact that the recruitment agency that had facilitated her employment was siphoning off more than a third of her monthly salary.

With financial help from one of her brothers, Asha was able to return to Nepal after more than a year in the UAE. And eventually she did receive a portion of the fee she had paid the recruitment agency to place her abroad. But that was only because she personally confronted the recruiter who had misled her. Accessing justice through more formal channels, whether in Nepal or in the UAE, hadn’t seemed a viable option.

As a study just published by the Open Society Foundations and the Centre for the Study of Labour and Mobility in Kathmandu, Nepal, documents, Asha’s hunch that any measure of redress she obtained would have to come through informal channels is rooted in an unfortunate reality.

While Nepal has relatively robust laws governing migration, the implementation and enforcement of those protections is weak to nonexistent. With funding from the Open Society International Migration Initiative, a team of researchers conducted a two-year investigation into the mechanisms for redress that exist for migrants who have encountered exploitation before, during, or after working abroad.

The findings were sobering. Of the 43 migrants interviewed who worked in the Gulf, 30 were thrust into conditions different from what was promised to them. Not one was able to access the legal system for restitution, either while they were working in one of the Gulf states or back home in Nepal.

Media attention has focused on the obligation of governments in destination countries to protect migrants’ rights. In one sense, this is warranted: exploitation is rife and there is much more these states can and should do to ensure that men and women working within their borders are treated humanely. But the conditions for abuse are often set during the recruitment phase, in workers’ countries of origin. Governments in countries of origin also need to shoulder responsibility, and provide better oversight of the agencies placing workers abroad.

Exploitative practices are widespread in the recruitment industry. Many recruitment agents lie about remuneration migrants can expect and workers end up being underpaid. It is also commonplace for agents to charge excessive recruitment fees—sometimes thousands of dollars—which many migrants must take out loans to pay. The exorbitant fees and loans with high interest rates, coupled with lower-than-promised salaries, create the circumstances for debt bondage.  

While the on-the-ground reality is sobering, the situation is far from hopeless in Nepal. For one thing, there are laws on the books that could provide much-needed protections. A potentially effective tool for combating labor exploitation can be found in the Foreign Employment Act of 2007, which—if put into practice—could help ensure that migrants are not deceived about the conditions they encounter abroad. In particular, the Act requires agencies to submit a contract between the worker and agency and another between the worker and employer. This would allow departing migrants to see if what they have been promised squares with what has in fact been arranged. So far, however, this safeguard exists only on paper: In dozens of interviews conducted by the authors of the report, they did not find a single instance in which a contract had been exchanged between agency representatives and workers.

Another way the Nepali government could protect migrant workers is by more proactively advocating on behalf of its citizens who have been exploited in destination countries. There has been some progress in this vein: Nepal now has embassies in most Gulf states and many are staffed with labor attachés. However, when workers encounter problems in employment, embassy assistance appears heavily weighted toward arranging replacement travel documents and returning workers back to Nepal, rather than helping them obtain redress for the harms suffered. Advising migrant workers about their legal rights and supporting them in navigating judicial systems to bring cases against exploitative employers would do more than help individuals access a measure of due process. It would also help push for reform in a more systemic sense.

It is critically important for the Nepali government to safeguard the well-being of its citizens working abroad. For one thing, a staggering number of Nepalis relocate for work: Almost half of all households have at least one family member who is currently working or has previously worked abroad according to a study by the World Bank. The remittances these men and women send home account for approximately one-quarter of Nepal’s GDP. Their labor, in other words, plays a huge role in making their home economy work.

The Nepali government has adopted laws that could help protect migrant workers. It is time for them to put those provisions into practice, and regulate a recruitment industry that all-too-often doubles as a system of exploitation.

15 Comments

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Dear Elizabeth
Thank you for offering us insights into Nepali migration to the Gulf. We know very little about Asian migration to the Gulf countries. This is an important contribution to the field. I hope that Open Society will come up with more studies in coming years.
Best,
Md Mizanur Rahman
Senior Research Fellow
Institute of South Asian Studies
National University of Singapore
Singapore

Dear Rahman,

I am quite intrigued to read that a fellow from South Asian Studies knows only very little about Nepalese labor migration to Gulf. I think the department, besides catering on-campus lectures should also focus to conduct researches relying heavily on raw data from field, South Asia per se. Influx of labor migration to Gulf is more or less a common feature shared by these 8 states. And only very lately, the tsunami is diverted towards Asia-pacific region including Singapore. But still, the Gulf enriched by oil shelters significant number of labor migrants from SA. Let me make you more surprised; for example, migrants from SA contributes 45% of the total population of Qatar at present. If you go to the villages of Nepal, you can see the shortage of youth force even to carry a corpse up/downhill up to the tomb. This is the scenario.

Pertained to post; the credible solutions brought about by the study is commendable. As you have said it really contributes a lot in the field.

Regards,
Rajendra Senchurey

The same case exists for malagasy women workers in Liban, and others arabic countries. This article help me to learn more about laws for the migrant. Thank you for all.

Saraha GEORGET RABEHARISOA
Presidente of the Hasin'i Madagasikara Green Party

I'm an Indonesian man. About migrant women from my countrythere were many victims who work abroad, certainly in Saudi Arabia, Malaysia, or possibly in the other countries. There were cases that have been published publicly and with the advocacy of migrant care. Of course we need legal protection that should be anticipated by our government. As marginalized class we need action and solidarity of the international societies to give more concerns and solutions for the case of migrant workers, especially women.

The situation here in India is not different. Here, Nepalis come mostly through already established contacts and young girls work as maids only to be exploited. Besides, girls from Bangladesh are trafficked into Delhi/adjacent regions,. They are sold to brothels keep Hindu names and are encouraged into flesh trade by those who had brought them. These girls mostly from a minority community accept this as their fate. We did a survey the findings of which was published in British High Commission Book of Abstract. When met with poverty, these voiceless international migrants are exploited day in and day out. If you or any foreign development agency give us funds, we will study such situations more and give you a Report. Our website:
desitrust.org
ADDRESS:
Best regards
Annapoorna Director, DESI Trust
A-198, Top Floor
Ramprastha, Chander Nagar P.O
Dist.Ghaziabad, U.P.-201011, National Capital Region of Delhi
ph.09810763388
Globe is Smaller than Human Heart

Kindly, what kind of help can I get trace the whereabouts of my niece who was recruited by an agency in Kenya two weeks ago. The agency is not giving me any helpful information regarding her placement in Saudi Arabia. As a family, we have not been able to know whether she arrived well and how she is doing. he agency is still recruiting ladies many of whom are very vulnerable. Kindly help

I am very surprise to read this article. I think the the rights of migrant workers must be protected by the country in which they are employed . This can not be well done by their origin country. it is normal in this case that the UAE respect his international obligations about migrant workers. For example in Europe the fight against dark work is not conduct again africain, latino and east europeans country workers.
I think this article is an intellectual lie : the fight again low wages for migrant workers must go against Those who employ these migrant workers.

The truth of the matter is Nepal people also move around the globe for one reason or the other. Therefore, Mr. Nepal man and women "do treat others what and how you would like others to treat you".

It is very sad that the Government of Nepal has not been paying due attention to the needs of migrant workers though the country is enjoying about more than 23% contribution of remittance. Now I'm in Rautahat district of Nepal, just today morning I was talking with a boy aged 15 who is now trying to make his citizenship certificate and Passport with fake date of birth which takes place in different parts of the country. The issuance of such documents from Government authorities is also augmenting the problem.

What could we do as observers, we can understand but who can really help?

Persons with intellectual disabilities suffer violence in the society mostly in Ghana. Cape Coast is not left out in this. Therefore SAPID submitted a proposal to your organization for a grant to advocate on their behalf. To fight for their rights. I will be very grateful if this grant will be granted so that with one accord conditions will be minimised. Thank you.

Elizabeth Frantz
Program Officer, International Migration Initiative
Open Society

Dear Dr Frantz. I greet you. I read your research article on migrant protection regarding labor conditions with Indentured Servitude (as correctly indicated in the article)....I am the International law graduate and former law consular for IOM first office (now missions) on International migration. some ten years ago, the International migration hot issue was on regulating internal migration as a result of disintegrated big empire of USSR and transit styate unprepared to regulate flow of migrants to western Europe as a result of economic conditions ( from and through eastern European states) and from politicaly distablized numerouse African and Asian including middle eastern nations, which included trafficing and criminalised commercial service of migrants which contributed the condition of thise migrants to illegality since many crossed boareders with out legal visas, with out identity. But, the protection of this migrants at their destination was based on International norms and national laws of Western Eurpe. The middle east ( Saudi Arabia, Qatar, Kuwait, Arab Emirates, worst of all as a transit land Yemen, Jordan, Lebanon with little difference, but similarly deal with foreign workers as modern slaves...i have seen by own eyes one this wealthy countries. The two important points: The employer has the full right upon recruited foreign worker, the migrant worker can not move, since his Pass port is taken from him by the employer, there is no law which protect legaly migrant person from employer, the recruitor agents are criminalised to the worst -the channel of recruitment extends from migrant home country with false promises,causing the poor family of the migrant to arrange big funds for travel ( from 2-5thousand US dollars), most or almost all migrants are not protected from any danger, they take risks of life, where many drowned into the sea and dead (last for example arround 60 migrants died by drowing into a red sea while riding on unsafe boat of trafficers from Somalia to Yemen, many hundereds died while riding to Italy from libya seating on extremly unsafe boat full of children, pregnat woman,old and sick men , many migrants while crossing the Sahara desert via Egypt to Israel...attacked, robbed, raped, or killed by trafickers and their partners-criminal gangisters....I tried and planned to investigate, where i prepared the recommendation to save life of migrants, as prt of the research on Governance ( as to the Open Societ individual research initiative, which i sent on time in 2013 in summer to hear the positive support in December 2013, but the open society for grants on individual grant on the unrearched and important issue connected to open Society's priorities,...the OS , though i didmy best, ....they did not approve or support....) I ask you, i am again ready to propose ways how we can help protect and which contributes to migrant life saving, i shall try or plan to work, to inform freely the bad side of labor migration, where there is no legal protection and mainly mechanisms of protecton from trafickers and recruites by fals promises. if can suppport, i can forward my project...Thanks and i shae fully your views given in the article.
Regards,
Tesfaye Tibebu Dibaba (Mr)
Independent law consular,
Kyiv, Ukraine
contact e-mail : [email protected]
mob/ +380639927813

Thanks Elizabeth to post articles. It is also common in Bangladesh and the magnitude of stigma & discrimination and violence especialy towards female migrants is deep rooted and so diverse through out supplu chan of labor migration as well as continnum of migration cycle. I think global stake holders like UNagencies, Int. Rights Group, Development Partner, INGOs should work closely with the government of sending and destination countires for ensuring safe migration and migrants' wellbeing across the globe. Especially western gvernment should talk with their multinational commpany (from Europe & America) those who are woring at destionation countries like Middle east and others gulf countires as they using labor migrants for their company works.
Best,
Md. AbuTaher
Team Leader-EMPHASIS Project
CARE-International in Bangladesh
E-mail:[email protected]
Cell phone: +8801711006369

Thanx Elizabeth and all who have posted their comments here, Myself being a survivor from Qatar, what I have experienced from very close is that......Apart from all other problems and situations why Nepalese are forced to migrate to Gulf and other countries in search of better job opportunities ones is that.....In Nepal, government encourages migrant workers to go through private recruitment agencies. However, since recruitment business involves great profit, so seeps in corruption and the practice of turning a blind eye.

It has to be understood that the private recruitment agencies are not properly regulated by the government in practice. In theory it is. The private agencies have to deposit assurance money at the government office to get started, and that covers for the cost of compensation in case the workers are cheated abroad.

However, the deposit is nothing compared to the immense profit they are making. The government rule specifies that the recruitment agencies can charge 25 percent of a month's salary as service charge, in case an individual gets a job. However, it is an open secret that even for salaries as low as 250 U.S dollars the agencies charge about 1500 U.S dollars or more which is 600 % rather than the government rule of 25 %.

Please note that the workers (skilled or unskilled) don’t get any receipt against the payment made to the recruitment agencies, so in this way the workers don’t have any concrete proof with them about the amount paid. This is really a very serious matter which in my opinion has to be highlighted and pressurized the ministry of labor. Even I paid a huge amount of money to a recruitment agency against my work visa and when I asked for a receipt they denied and said that they don’t give any receipt. Myself being educated, I know about my rights but in this situation I feel very helpless, because I know very well that I will not get any help from anyone to get a receipt against the payment I did.

Now the vicious circle starts. The workers who migrate will now have to pay a yearly interest ranging from 36% to 216 % (this is the highest I have learnt so far). Now it is impossible for the worker to get out of the viscous circle and he/she seldom complains even if he/she has to work under very cruel conditions. I will like to focus on the fact that when the Guardian news report about Nepal's migrant workers in Qatar surfaced, it was just addressing one part of the story. The worst part of the illiterate workers duped and encouraged in their own country was not reported.

The place from where the government tries to regulate the migrant workers is the ministry of labor. The workers who are all set to go abroad has to get a permission letter from the ministry of labor. However, the ministry officials do not suggest the workers anything about the kind of job would be doing provided that they have applied through a recruiting agency. Only if they are trying to go on their own, they are discouraged.

Only if the workers can read and write and count, they would at least be aware about their rights and could at least calculate the interest per annum. The 216 percent interest per annum is presented as 18 % per month and which doesn’t sound like a big number and the migrant decide to go with it.

Thank you

Regards,
Deependra Giri
Survivor & Founder President
Safety First Foundation (SFF)
Krishnanagar, Nepal
Email :- [email protected]
Cell : +977 9843765495

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