NEPAL: BAN ON WOMEN’S MIGRATION

Recently, the  Nepal government has proposed a policy restricting women’s mobility outside the country. The proposed rule will be applicable in the case of women who are below forty years and are traveling to African and Middle Eastern countries on a Visit Visa (i.e. traveling for the first time). To travel they will have to provide a letter of consent from the guardian or local government specifying the reason for travel. This restrictive regime is likely to impact a large section of women affecting their independent choices of migration.

According to the Government of Nepal, the proposed ban has been envisaged due to increased misuse of Visit Visa. Many cases have been reported in media where women migrant workers were found working on Visit Visa bypassing the legal system of registration. The existing system requires those visiting abroad for work to obtain a labour permit from the Department of Foreign Employment (DoFE). Without proper permits, the migrant women are at the mercy of recruitment agency and employer abroad which puts them at risk of various forms of abuse and exploitation amounting to human trafficking.

Nepal, a landlocked mountainous country, has been under the autocratic rule for most of its history. With the opening of the economy in the 1980s and the introduction of the democratic process in the 1990s, changes began. However, this process was destabilized by the decade of the Maoist Conflict and the pre-existing social discrimination in Nepalese society. The economy remained dependent on foreign aid, agriculture, and tourism. At present Nepal is amongst the top 30 poorest countries of the world, next to the countries of Africa.[i]

Migration from Nepal has diversified with the Middle East and ASEAN countries drawing more migrants than India, which was the traditional destination. In recent years, remittances have emerged as a critical resource for the Nepalese economy. In 2019, remittances were 26% of the GDP of Nepal.[ii] The recent data showed that almost one-fourth of the country’s household had a member who was working overseas.[iii]  Along with this, migration is a major source of employment generation, with many people emigrating and many others working for the facilitation of migration – professional training institutes, visa and migration facilitation services, overseas recruitment, remittances management, and civil society organizations working for safe migration. Women comprise only 12% of the total migrant workforce from Nepal.[iv] However, their number is continuously growing. Many women also migrate through illegal channels and thus are not even accounted for in the migration process.

Migration is not an easy choice for women in Nepal due to the patriarchal practices which control the lives of women in almost every sphere. Women have a subordinate position as compared to male members of the family and their roles are generally confined to the domestic sphere. The discriminatory legal procedures further reinforced the idea by formulating gender discriminatory laws such as citizenship laws and land laws. Any women who plan to migrate, face hindrance at various levels which start with managing finances to securing permission from the Government for migration to any country.

The situation for women is further compounded by the imposition of the ban on migration. The history of imposing bans and restriction on the migration of women in Nepal has been long and varied. Till 1998, women were allowed to migrate only with the written consent of a male family member. In 1998, following the death of a domestic worker, Kani Sherpa, in Kuwait, a complete ban was imposed on the migration of women to Gulf countries. The ban was partially lifted in 2003, to allow formal work. However, informal work like domestic work was not allowed which is applicable till now. The criteria for migration based on age and destination has been continuously changing.

Nepal is not alone in the imposition of a ban on the migration of women. Similar instances have happened in other countries in Asia. Even in Sri Lanka and the Philippines, where the number of migrant women surpasses migrant men, restrictions have been placed. The incident of exploitation, harassment, violence against migrant workers which draws media or public attention in the destination and origin country normally forces states to respond. In the Philippines, following the death of seven domestic workers in 2018, a complete ban was imposed on migration to Kuwait.[v]

The efficacy of the ban differs from country to country. In many cases, it has been proved as an outcome of political compulsion that a well thought out process. In Nepal, research shows that bans do not affect the decision regarding migration, destination country or choice of work. The same study found that during the duration of the ban, there was growth in the number of women using the illegal route of porous Nepal –India border to reach Middle East countries.[vi]

The gender-discriminatory policy has received wide opposition from the Non-Government Organization, International Organizations, Civil Society and Women’s Right Activist. Researches also show that bans have not only failed in changing the decision of women regarding migration. The same study also found the growth in the number of women using the illegal route of the Nepal-India border for migration to the Middle East women has increased. It deprived them of the protection of the state and makes them dependent on recruiting agents. By implementing the ban on the Migration of women, the state does not recognise the aspiration of women for migration. Along with economic compulsion, women also migrate to get themselves free from the clutches of an abusive marriage, to get greater autonomy, and to secure the lives of themselves and their kids. The state-imposed ban undermines women’s right to migration. It is unconstitutional and in violation of various international conventions, which guarantees equal rights for all its citizen, in which Nepal is a signatory.

The policy of ban requires to be replaced by a better response mechanism by the state. Firstly, enhancing the skills of potential migrant workers should be the priority of the government. It gives space for states in bilateral negotiations. This has been frequently applied by the Philippines. In the case of the 2018 ban on migration to Kuwait, they proactively engaged in negotiations to safeguard the interest of migrant workers. Due to their skillset and language proficiency, Filipino workers are preferred in the global labour market. Secondly, there is an urgent requirement to get rid of various discriminatory laws which treat women as a secondary citizen and by creating a more conducive environment for women to migrate. Further, there are other areas like land rights and providing financial assistance to women which can be helpful. Lastly, along with the enforcement of strict anti-trafficking laws, sensitization of border police is required. There is nexus working in Nepal including politicians, recruitment agencies, bureaucrats and border police, in connivance with trans-border criminal groups, which gets undue benefits from illegal migration. Nepal government needs to have close interaction with the Indian government and civil society to control illegal migration through porous border checkpoints.

[i] IMF (2019), World Economic Outlook: October 2019, International Monetary Fund (IMF). 

[ii] IOM (2019), Migration in Nepal: A Country Profile 2019, International Organization for Migration (IOM).

[iii] Ibid.

[iv] Ibid.

[v] HRW (2018), “Kuwait/Philippines: Protect Filipino Migrant Workers”, Link: https://www.hrw.org/news/2018/02/21/kuwait/philippines-protect-filipino-migrant-workers#, Accessed on 4^th March 2021.

[vi] ILO (2015), No Easy Exit: Migration Bans Affecting Women from Nepal, International Labour Organization (ILO).

Arpita Giri

Adjunct, Asia in Global Affairs