Role of NHRC on the Rights of Migrant Workers in Nepal and Nepalese Migrant Workers Abroad National Human Rights Commission of Nepal

Country Profile Population: 26 Million 51% female and 49% male Population: 26 Million 51% female and 49% male Demography: 17 % plain area, 68 % hilly region, 15 % upper hills called Himalayas Demography: 17 % plain area, 68 % hilly region, 15 % upper hills called Himalayas Literacy rate: 60% Literacy rate: 60% Main Profession: Farming- means of earn a living for % people Main Profession: Farming- means of earn a living for % people People: Aryan and Mongol descent People: Aryan and Mongol descent Estimated 70% of people lives in rural areas Estimated 70% of people lives in rural areas 30% people live below poverty line 30% people live below poverty line

NHRC Profile NHRC established in 2000 under NHRC Act of 1997 NHRC established in 2000 under NHRC Act of 1997 Now a constitutional body under the Constitution of 2007 Now a constitutional body under the Constitution of 2007 Chairperson and 4 Commissioners appointed by the Head of the State as recommended by Constitutional Council and indorsed by Parliamentary Committee Chairperson and 4 Commissioners appointed by the Head of the State as recommended by Constitutional Council and indorsed by Parliamentary Committee Work through 1 central office, 4 regional offices and 4 contact offices Work through 1 central office, 4 regional offices and 4 contact offices Currently restructuring process is underway aiming to expand its outreach activities Currently restructuring process is underway aiming to expand its outreach activities NHRC focal officer on rights of migrant worker initially to take up the issues of migrant workers NHRC focal officer on rights of migrant worker initially to take up the issues of migrant workers

Migrant Workers Abroad (other than India) Entirely managed by private sector (rarely government involved) Entirely managed by private sector (rarely government involved) Official data: 1.2 million Nepali work abroad Official data: 1.2 million Nepali work abroad 1 million go via other ways, raising to 2.2 million, in total 1 million go via other ways, raising to 2.2 million, in total Major reasons behind are poverty, political oppression and conflicts Major reasons behind are poverty, political oppression and conflicts Government has permitted 107 countries to go working Government has permitted 107 countries to go working Major destination: Bahrain, Korea, Malaysia, Qatar, S Arabia, UAE Major destination: Bahrain, Korea, Malaysia, Qatar, S Arabia, UAE Govt policy limit women to work in some countries, on safety ground Govt policy limit women to work in some countries, on safety ground 11 % women comprise migrant work force 11 % women comprise migrant work force Remittance is the major source of national income, which is 18 % Remittance is the major source of national income, which is 18 %

Nepal- India: Workers Issue There is a free movement to and from Nepal and India, no visa required There is a free movement to and from Nepal and India, no visa required Largest number of Nepalese go to work in India, as a singe country Largest number of Nepalese go to work in India, as a singe country And, no correct figure of workers available working in each other country And, no correct figure of workers available working in each other country Estimated 2 million Nepalese work in India, and even larger number of Indians works in Nepal Estimated 2 million Nepalese work in India, and even larger number of Indians works in Nepal No work permit required to work in both the countries No work permit required to work in both the countries

Major Legal and Policy Arrangements Following instruments provides rights and remedial measures to migrant workers in Nepal Following instruments provides rights and remedial measures to migrant workers in Nepal Foreign Employment Act, 2007 Foreign Employment Act, 2007 Foreign Employment Regulations, 2007 Foreign Employment Regulations, 2007 Labor Act,1991 Labor Act,1991 Labor Rules,1992 Labor Rules,1992 Draft national policy on migrant workers prepared, but yet to be adopted Draft national policy on migrant workers prepared, but yet to be adopted

Remedial Measures at National Level Labor and Employment Promotion Department receive complaints from individual victims or Companies Labor and Employment Promotion Department receive complaints from individual victims or Companies Between 16 Jun Jun 2008, 390 complaints against individuals and 333 complaints against Companies filed at Department Between 16 Jun Jun 2008, 390 complaints against individuals and 333 complaints against Companies filed at Department Workers can also file cases at District (trial) Courts Workers can also file cases at District (trial) Courts Workers can file appeal at the Labor Court Workers can file appeal at the Labor Court In general above measures would not be effective in rights violation, abroad In general above measures would not be effective in rights violation, abroad

NHRC Initiatives Violation of rights of Nepalese workers abroad has been considerably increased Violation of rights of Nepalese workers abroad has been considerably increased NHRC is seriously concerned on those issues NHRC is seriously concerned on those issues NHRC call on govt. to ratify UN Convention on the rights of migrant workers and their families NHRC call on govt. to ratify UN Convention on the rights of migrant workers and their families NHRC hold interaction with senior Government Officers NHRC hold interaction with senior Government Officers It receives migrant worker’s complaints and can take suo-moto action as well It receives migrant worker’s complaints and can take suo-moto action as well

Complaints show that violation include murder, serious bodily harm, denial of wages, dismissal and forceful eviction from residence Complaints show that violation include murder, serious bodily harm, denial of wages, dismissal and forceful eviction from residence NHRC work with I/NGO,CSO on dialogue and advocacy including ratification of Convention NHRC work with I/NGO,CSO on dialogue and advocacy including ratification of Convention NHRC hold interaction and meetings with the NGO groups working on migrant workers NHRC hold interaction and meetings with the NGO groups working on migrant workers NHRC called on the government for the adoption of migrant worker’s policy NHRC called on the government for the adoption of migrant worker’s policy

Challenges as a Sending Country Safety and security of life and property, mainly of women and children Safety and security of life and property, mainly of women and children Employment in illegal and unethical work as prostitution, transport of drugs Employment in illegal and unethical work as prostitution, transport of drugs Labor exploitation in terms of remuneration and excess work Labor exploitation in terms of remuneration and excess work Premature termination or dismissal from work Premature termination or dismissal from work Diverting workers to another countries with ulterior motives Diverting workers to another countries with ulterior motives

Inadequate training on language and culture of receiving countries Inadequate training on language and culture of receiving countries Unreliable and illegal role of sending agencies Unreliable and illegal role of sending agencies Poor legal and remedial measures Poor legal and remedial measures Lack of labor related agreements with most of the receiving countries Lack of labor related agreements with most of the receiving countries

Challenges as a Receiving Country Increase in the rate of sophisticated crimes as kidnapping, armed robbery, explosion, drugs dealing, human trafficking, arms deals, counterfeiting currencies Increase in the rate of sophisticated crimes as kidnapping, armed robbery, explosion, drugs dealing, human trafficking, arms deals, counterfeiting currencies Increased number of illegal immigrant Increased number of illegal immigrant Undue influence to the law enforcement staff Undue influence to the law enforcement staff Increased number of native unemployment Increased number of native unemployment

Nature of Flagrant Violations: Sample Cases In 2004, 12 Nepali workers shot dead in Iraq; a female worker in gulf named Dolma sentenced to death; suspicious death by hanging of 2 workers in China and 1 in Indonesia, in 2007 In 2004, 12 Nepali workers shot dead in Iraq; a female worker in gulf named Dolma sentenced to death; suspicious death by hanging of 2 workers in China and 1 in Indonesia, in workers want to return once asked to work for 27 hrs continuously and fell ill in Saudi Arabia (Oct Kantipur daily) 100 workers want to return once asked to work for 27 hrs continuously and fell ill in Saudi Arabia (Oct Kantipur daily) 250 workers living under a bridge for months in Jeddah, once denied wages and dismissed ( Oct 24, 08-Kantipur daily) 250 workers living under a bridge for months in Jeddah, once denied wages and dismissed ( Oct 24, 08-Kantipur daily) Recently 4 workers in Korea lost their limbs in different industrial accidents but has not got compensation (Oct 23, 08- Kantipur daily) Recently 4 workers in Korea lost their limbs in different industrial accidents but has not got compensation (Oct 23, 08- Kantipur daily) Some 400 Nepalese workers live in Saudi prisons Some 400 Nepalese workers live in Saudi prisons

Work With NHRC Abroad on Migrant Workers Issues Dialogue with NHRIs in SAARC countries on trafficking in human persons, and mainly girls Dialogue with NHRIs in SAARC countries on trafficking in human persons, and mainly girls Work with NGOs and sought cooperation of NHRC Jordan for withdrawal of Dolma’ death sentence Work with NGOs and sought cooperation of NHRC Jordan for withdrawal of Dolma’ death sentence Sought cooperation of NHRC Indonesia on finding of suspicious murder of a Nepali worker named Indra Sought cooperation of NHRC Indonesia on finding of suspicious murder of a Nepali worker named Indra Proposed NHRC Sri Lanka for mutual support on monitoring of rights of workers of each other countries Proposed NHRC Sri Lanka for mutual support on monitoring of rights of workers of each other countries

Key Responses by NHRC Encourages government for ratification of Convention Encourages government for ratification of Convention Advocated for adoption of policy on migrant workers Advocated for adoption of policy on migrant workers Massively advocated to end culture of impunity, even if migrant workers involved Massively advocated to end culture of impunity, even if migrant workers involved Helped negotiate/mediate with employers to provide wages Helped negotiate/mediate with employers to provide wages

Holds continuous dialogues with the government at different levels Holds continuous dialogues with the government at different levels Holds periodic interaction with CSO and advocate for the rights of migrant workers Holds periodic interaction with CSO and advocate for the rights of migrant workers National workshop on rights of migrant workers planned aiming to advocate/ sensitize the issue National workshop on rights of migrant workers planned aiming to advocate/ sensitize the issue

Conclusion Conclusion Initiatives to strengthening of mutual cooperation between NHRIs through MOU/treaty, whatever applicable Initiatives to strengthening of mutual cooperation between NHRIs through MOU/treaty, whatever applicable Initiatives for an effective mechanism to learn from each others best practices Initiatives for an effective mechanism to learn from each others best practices Effective mechanism for capacity building of NHRIs through training/exchange programs Effective mechanism for capacity building of NHRIs through training/exchange programs

Thank You