Conference on Migrant Workers

10/09/014

Kathmandu

AbhishekJha

Terai Justice Center

An International Conference was organized by Lawers without borders in collaboration with the Migrants Forum Asia and Critas Lebanon, from 4- 7 Sep in Beirut.  35 Asian lawyers, who specialize in cases involving migrant workers were together to discuss upon the situation of migrant workers.

Advocate and chairperson of Terai Justice Center, DipendraJha was represented the Nepalese scenario during the conference. In his presentation he delivered a detailed information of his case study, upon the challenges faced by the migrant workers.

Datas reviled that over four million Nepalis are based abroad, with 95% in Malasia and the rest are in Gulf countries. About 12% of international migrants are women.  Jha said, “The better-educated and -skilled workers tend to opt for employment in industrialized countries in the West, while those seeking employment in India, Malaysia and the Gulf are generally less educated.”

His study showed that most of the worker are employed in the construction industry, manufacturing, domestic work, services and tourism (usually unskilled labour)

The study also showed the how miserable their working conditions are. They are forced to labour including debt bondage. The migrants also have the threat of Verbal, physical, sexual or psychological abuse, which causes high rates of suicide. Research’s says that migrants are also deprived of food and sleep and are forced to work for long hours. They are also made to work on different terms from the term of employment contract. It’s so ironical that, despite of hard work they are also not timely paid. They are bound to live in squalid, overcrowded dormitories and ghettoes.

As far the current legal system of Nepal is concerned with, Nepal’s foreign employment laws provide workers with rights against individual agents and recruitment agencies. However, there remains significant room for improvement in the structure and operation of the institutions created to assist migrant workers to access justice and hold responsible actors to account.

Commenting on the obstacles to access justice, Jha said, “Very Few victims obtain compensation after a win at the tribunal, individual agents may not have assets that enables victims to claim compensation. He also said that complicated, onerous and time-consuming mechanisms of enforcement of decisions also act as the hurdles of the justice. Very few cases that are filed are registered for a tribunal hearing predominantly due to resource constraints. Unfavorable negotiations between migrant workers and individual agents also affect the justice process. Workers accept an amount less than what they consider they are owed. However, they do so because they want the money quickly to repay high-interest loans.

“Although we sign bilateral agreements with governments of destination countries, we may not have the necessary influencing power to enforce implementation of the agreements. It is also meaningless to say that we will not send our citizens to work in their countries as Nepali migrant workers reach there through various unofficial channels.”

This was the comment of the official in Ministry of Foreign Affairs in Nepal commented, regarding bilateral agreements and MOUs with Qatar, Bahrain and UAE regarding temporary labour migration.

Advocate Jha reported that, all the participants took the issue of migrant workers under their serious concern. In a response to the presentation, the participants had a discussion over the vulnerability of the issue in Nepal. Jha said that, the conference was so fruitful because it was an opportunity to share the real picture of Nepali migrant workers, among the experts. He also had a discussion with the attendees, about resolving the flaws.