Discussion Paper on Protection and Promotion of Migrant Workers

FIPMO

Former International Professionals of Multilateral Organizations (FIPMO) is an apolitical non-governmental organization of former international professionals of the United Nations Organizations, the World Bank, Regional Banks and other multilateral organizations. It aims to provide a forum to channel the expertise and experience of its members for the benefit of Nepal and its people by means of both supportive and advocacy roles. 

FIPMO recognizes the fact that Nepal has a remittance-based economy. Due to lack/unavailability of lucrative opportunities, many of our Migrant Workers (MWs) both male and female, are forced to work abroad and in the process face exploitation and abuse here in Nepal, en route to their places of employment and in destination countries. FIPMO feels that as a nation, Nepal has not been able to sufficiently set up mechanisms in protecting the MWs and ensuring their safety and rights from human rights perspective. In this connection FIPMO has identified “Labour Migration” as one of its priority areas and “Protection of Migrant Workers and their Rights to Live with Dignity and Respect” as their flagship project. Given the expertise and experiences of its members, FIPMO is of the opinion that it is rightly placed to link the rights and protection issues concerning MWs with system and accountability mechanisms. In this connection FIPMO is willing to support the Government of Nepal, especially the Ministry of Labour, Employment and Social Protection holding the portfolio of labour migration/foreign employment and other actors in the daunting task of promoting the rights of MWs and ensuring their safety in the migration process.

Landscape

Remittance has played a significant role, especially since the last two decades, in boosting and maintaining Nepal’s economy- the contributors being both male and female MWs.   The exodus of MWs continue, in pursuit of better financial opportunities and employment. Earlier the destination was mainly the Gulf Countries, Malaysia, South Korea, in the recent years, however, it has expanded to include countries in Europe, America and Africa as well, and has become a transnational/global phenomenon. MWs are now found to work in almost 190 countries. The whole cycle of migration -MWs exit from the country, their entry into the host countries, the work environment, their return and integration in their home country, require to be safe, systematic, accountable and dignified. On the contrary, the MWs face plight, exploitation and abuse during the migration cycle. The exploitation begins at home, and continues enroute, in destination and also upon return in their home country. In this process, women MWs are found to be more vulnerable.  In many instances women MWs are being trafficked in the guise of foreign employment. Another dimension that has emerged is the engagement of children in the migration process. Therefore, the MWs issue is not only of men and women but also children who are being subject to exploitation in various forms, smuggled, trafficked and abducted for use in circus, camel jockeying, begging, informal sector as cheap labour, and at times even for commercial sex. 

The above scenario becomes more complex and challenging given the socio-economic and political situation that hinder protection of MWs rights. There is lack of awareness in general about the migration process and its requirements. In many instances, due to lack of awareness and/or certain prohibition in the policy/laws, many migrant workers find different odd ways to leave the country for foreign employment leaving them undocumented.  The absence of bi-lateral agreement with the host countries is another important factor, hindering accountability on the part of the employers including minimum wage, salary, leave and adherence to zero tolerance to violence against women and girls.