Even during turbulent times of insurgency and political instability, foreign employment and remittances generated from migration has become an important aspect of Nepalese economy. Currently, remittances contribute to approximately 25% of Nepal's total GDP. However, due to discriminatory policies coupled with unclear strategies, slow implementation mechanisms and the absence of proper information and support; abuses of migrant workers are increasing.
On average, three dead bodies of Nepali migrant workers arrive in Tribhuvan International Airport daily. The situation of women migrant workers is worse, especially for those working as domestic workers. Many have become victims to economic, physical, mental and sexual exploitation and abuse. Some major reasons for increased exploitations and abuses include insufficient migration channels which force women to use clandestine routes, and negatively influence societal views on women’s mobility .These perspectives and challenges are reinforced by government policy.
Government’s decision (2012) to ban migrant women under the age of 30 from working in the Gulf as domestic workers made the situation worse, forcing many to use illegal measures. This decision directly violates the equal treatment clause of the Interim Constitution 2007 and Foreign Employment Act 2008. Section 8 of Foreign Employment Act, 2008 states that there should not be any gender based discrimination while sending workers in foreign employment; however, the government has violated the Act numerous times. For example, women have been restricted from pursuing foreign employment opportunities due to different reasons previously in 1998 and 2012. Such decisions have forced women to reach the GCC countries in an undocumented way through India. According to a research[1], 90% of the women have migrated for foreign employment through India. The current decision to deny women from going to GCC countries for domestic work will have negative implication to the current situation. This decision needs to be thoroughly examined and evaluated.
One of the government official’s responses towards the recent decision was:
“The contract period of the 17 institutions providing training to aspirant migrant workers on domestic work ended in March. We do not have training institutions immediately available, so we have come up with a decision to impose ban on workers to go to GCC countries for domestic work. They might become vulnerable to abuses and exploitations in destination countries without receiving proper trainings and orientations”.
In this case, the intention of government might be noble but the approach is wrong as it restricts women from searching appropriate opportunities.
It is the fundamental right of people to move from one place to another in search of better opportunities. It is a natural process for women to migrate in search of better opportunities to ensure sustainable livelihoods at a time when the state is not able to provide them with proper employment opportunities. Delayed and insufficient government strategy implementation, especially in relation to foreign employment, should not be made a tool to curb women’s right to find more livelihood opportunity within Nepal or abroad.
Thus, the Coalition of Right to Mobility of Women demands the government take urgent action to ensure women's right to work in a safe environment. We demand the government to address the following issues:
(i) Revert the decision to ban women's mobility to work as a domestic worker in foreign countries and protect women's right.
(ii) End gender discrimination on right to work.
(iii) Develop and revise migration policies on right to work based on equality and freedom.
(iv) Coordinate, collaborate and contract with destination countries to form bilateral agreements ensuring migrants’ rights giving special consideration to women migrants.
(v) Ratify ILO Convention concerning decent work for domestic worker (C189).
Coalition of Right to Mobility of Women
11th May, 2014.
Coalition of Right to Mobility of Women
[1] Research done by WOREC in Sunsari district, 2010.