National Policy Dialogue on Labour Migration
Background
On August 7, 2024, VNVNEPAL attended a national-level conference on “National Policy Dialogue on Strengthening Labour Migration Governance: Integrating Business and Human Rights Perspectives for the Protection of Migrant Workers”, at the Marriott Hotel in Naxal, Kathmandu. The program was organized by the International Labour Organization (ILO), the International Organization for Migration (IOM), and the United Nations Development Programme (UNDP), in close collaboration with the Ministry of Labor, Employment and Social Security (MoLESS). It was funded by the European Union (EU), the Government of Sweden, the Swiss Agency for Development and Cooperation (SDC), and the Government of Japan.
The policy document titled “National Action Plan on Business and Human Rights” (NAP + BHR) was unveiled on January 23, 2024, by the Ministry for Labour, Employment and Social Security, Government of Nepal. The program was therefore organized with the aim to offer a discussion platform for the NAP + BHR and to engage stakeholders in the process of identifying challenges, sharing best practices, and formulating recommendations for addressing the challenges associated with protecting migrant workers' rights. Representatives from governmental and non-governmental agencies, including the National Human Rights Commission, donor agencies, embassies, international organizations, International Non-Governmental Organizations (INGOs), the United Nations (UN), Civil Society Organizations (CSOs), research organizations, trade unions, the private sector, media, migrant networks, youth groups, bar associations, and financial institutions, attended the program, which served as a multi-stakeholder engagement forum. Mr. Ratna Deep Lohani, Policy Development and Implementation Officer, attended the program on behalf of VNVNEPAL.
Summary
The program was divided into three segments. The first segment was the inauguration ceremony, where the chief guests delivered remarks on the nexus of business, labor rights, and migration. The Honorable Minister, Mr. Sharat Singh Bhandari, from the Ministry of Labour, Employment and Social Security (MoLESS), Nepal, was one of the chief guests, along with other distinguished VIPs from esteemed embassies and United Nations’ bodies. The second and third segments featured panel discussions on “Strengthening Nepal's Labour Migration Governance – Strategic Opportunities” and “Operationalizing the National Action Plan on Business and Human Rights (NAP+BHR) for Migrant Workers: Challenges, Opportunities, and Pathways to Effective Implementation,” respectively. The floor was also opened after the end of each panel discussion where the attendees keenly expressed their opinions, suggestions and questions directing towards the panelists. The guests, panelists, and attendees engaged in a serious dialogue regarding the rights of migrant workers. By the end of the program, it was evident that the policy document still lacked input from multiple stakeholders. However, everyone acknowledged that the document could pave the way for ensuring human rights if implemented diligently over its course of action from 2024 to 2028.
Challenges and Opportunities in Labour Migration Governance
The opening remarks, panel discussions, and open floor focused on the opportunities and challenges related to the human rights of migrant workers, emphasizing what the government and other stakeholders can do to address these challenges and explore opportunities to ensure the basic human rights of migrant workers. Honourable Minister, during his opening remarks, pointed out a narrative that has persisted over two decades of burgeoning Nepali migration to Gulf and other nations for better opportunities. This narrative, which alludes to the idea that "everyone likes to leave Nepal," reflects the reality that while Nepal benefits from remittances sent by migrant workers, it also faces the grim reality of its youth contributing labor to build other nations.
Gender and Equality in Migration
The panelists discussed several issues, including the injustice and partiality against female migrants, particularly during COVID 19 pandemic, in terms of reparations. The need for migrants to have access to proper skills and language training was emphasized as indispensable for their empowerment. Moreover, it was noted that formulating policies is not enough; laws must also be amended and implemented effectively to ensure equality. The importance of decentralizing institutional structures to ensure Nepali citizens receive the same facilities in their own provinces was highlighted, along with the need to empower migrant workers.
Bilateral Agreements and Policy Implementation
The discussion underscored the importance of revising bilateral agreements, with the panelists asserting that provisions in these agreements must favor Nepali citizens. It was mentioned that in the past, representatives of the Nepal Government had taken a stand against provisions set by other countries for bilateral agreements or MOUs, and similar stances should continue. Additionally, the transparency and promulgation of agreements with all stakeholders were deemed essential. The need for regular monitoring of bilateral agreements, treaties, and MOUs to ensure the inclusion of human rights-related clauses and conditions was emphasized.
Human Rights and Migrant Workers
A key focus was on ensuring the human rights of migrant workers, particularly through the implementation of the National Action Plan on Business and Human Rights (NAP + BHR). It was stressed that NAP + BHR is not just about rights but also about the safety of workers, and the government should avoid making self-conflicting decisions, such as sending workers to war-stricken regions. The need for every migrant worker to learn about their basic human rights through predeparture training (PDTs) was emphasized, as this plays a crucial role in equipping them with the necessary knowledge. The importance of proper data management in analyzing the migrant situation was also highlighted, along with the need for the government to be vigilant.
Domestic Employment and Support Structures
The necessity of providing 24-hour accidental and medical insurance schemes for migrant workers in countries with bilateral labor agreements (BLAs) with Nepal was also emphasized. Additionally, the establishment of a 24-hour call center, a One-Stop Center, for all Nepali migrant workers was proposed. The decentralization of visa application processes was another key point, with a call for local visa centers to be installed across the country, so people are not obligated to go abroad to apply for visas. The panelists discussed the need to create internal employment opportunities for returnees and develop a mechanism to support them.
Migrant Workers' Voices and Rights
The discussion highlighted the need for migrant workers to be given a platform and opportunity to raise their grievances, as they are still largely voiceless. The inclusion of workers' voices in decision-making processes was deemed crucial. Moreover, it was noted that stakeholders should never treat migrant workers as expendable property. The general mentality in Nepal of going abroad for work despite the apparent risks, such as the current war-stricken situation in Israel, was discussed, with a call for better alternatives to be provided for people.
National Action Plan (NAP + BHR) Implementation
The implementation of the National Action Plan (NAP + BHR) was a significant focus, with the need for structural gaps to be filled and the ability of Nepal Human Rights Commission in playing a facilitating role. The importance of involving all groups, including women, marginalized communities, migrant workers, SMEs, industries, government, and CSOs, in the creation of the Action Plan was stressed. It was noted that the engagement of the private sector is indispensable in implementing the National Action Plan and that creating an ecosystem where different stakeholders have different roles and responsibilities is crucial.
Capacity Building of Private Sector
The panelists discussed the need for a Human Rights Due Diligence law and the necessity for regular audits of NAP + BHR implementation by the government. The current best practices of Nepali recruitment agencies should be highlighted, rewarded, and disseminated to provide further encouragement. It was also pointed out that many concepts in terms of recruitment and foreign employment are still new to the private sector, and that adequate resources must be provided to recruitment agencies to implement NAP + BHR, along with training and capacity building.
Additional Concerns
Other concerns raised included the need for objective documents as opposed to subjective ones prepared by international consultants and the need for the document to address human trafficking and its repercussions. The issue of children infected with HIV at birth being barred from leaving the country for foreign employment was raised, questioning whether this could be considered a breach of human rights. The exploitation of budget airline facilities, where migrant workers allegedly pay a huge sum for the ticket and don't even receive a proper meal during the flight, is a serious breach of human rights. The attendees pointed out the role of CSOs in providing free legal advice and support to migrant workers is a fact, however, it was noted that this is not mentioned in the NAP + BHR document. The government should refrain from making counter-intuitive decisions, such as introducing a policy focused on prohibiting forced labor of migrants while simultaneously enacting laws that bar recruitment agencies from operating if they receive pre-approval letter for sending fewer than 100 workers per annum. Lastly, it was mentioned that the roles of trade unions, the private sector, and CSOs are undermined in the document and should be better assimilated.