A lack of “institutional memory” impedes labour rights reform in Nepal
Upheaval at Nepal’s Labour Ministry curtails progress on migrant worker rights, experts sound the alarm over high levels of trafficking in Sudan, and a report reveals that sugar labourers in India have hysterectomies in order to keep working.
CSOs in Nepal report that the high turnover of Labour Ministers in the Nepali government is hindering their anti-trafficking efforts, with potential solutions abandoned and meaningful progress made impossible. A lack of recorded institutional memory keeps officials from continuing with ongoing projects and prohibits impactful reform, leaving tens of thousands of migrant workers with almost no protection or support, according to the director of Equidem Nepal, among others.
Equidem, a labour rights organization that works to expose injustice and hidden human rights abuses, highlights the importance of robust national regulation that upholds human rights and provides remedies to victims. Pravasi Nepali Coordination Committee (PNCC), a CSO which works to promote the rights of Nepali migrant workers, provide humanitarian support, and build their collective capacity to advocate for protection, is among other CSOs calling for the implementation of national plans and policies for safer migration and the empowerment of migrant workers. Systemic change and long-term initiatives are needed, they say, to enable migrant communities to realize their economic, social, cultural and political rights.
Fifteen per cent of the Nepali population leave home to work, with tens of thousands facing the risk of forced labour, and deprived of decent jobs, wages and conditions due to unfair and exploitative recruitment practices and illegal recruitment charges. Female migrant workers and those who migrated informally or are undocumented are especially vulnerable, with Nepali women commonly subjected to harassment, experts say. Such trafficking and exploitation has become routine, in part because the existing Foreign Employment Act and the Human Trafficking and Transportation (Control) Act do not clearly define human trafficking that occurs in the foreign labour migration cycle, with no concrete effort to amend the law.
Freedom Collaborative’s report on migrant movement in and around Nepal, published in 2022 and based on collective CSO data, highlighted the many cases of trafficking and exploitation, along with weak enforcement and inadequate oversight of relevant laws and regulations. While CSOs work to improve care provision, advocate for rights, and highlight issues faced by Nepali migrant workers abroad, exploitation continues because of the severe lack of government oversight in curbing bad recruitment practices and a lack of protection systems.
Nepal has employed 13 Labour Ministers since February 2014, three of whom lasted one year and 10 of whom worked for less than a year, with the role vacant for months at times. Because of this constant upheaval, Labour Ministers depart before gaining an understanding of the climate of exploitation and impunity that migrant workers experience and do not initiate any potential solutions for protection.
Some of this turnover is the result of numerous cases of criminality in the Ministry over the years, with ministers and other employees associated with the administration convicted of crimes ranging from corruption to human trafficking, according to an Equidem op-ed. On top of this unlawful behavior, newly appointed officials have not focused on continuing the work initiated by their predecessors or have not figured out how to initiate change that would protect migrant workers.
While some officials have tried to reform labour migration governance for the better, much important legislation has been left in limbo or gone unenforced. Worker friendly policies including “free visa, free ticket” or “employer pays” – which require employers to cover the cost of recruitment and migration for Nepalis – have existed for years, but are violated because labour administration has not strategized how to implement them effectively.
Efforts must urgently be made to stabilize leadership in the Ministry of Labour, say CSOs. If that is not possible, then it is vital to make a political effort to systematize institutional memory in the labour administration so that reforms can move forward, no matter who is in power.
Here’s a round-up of other noteworthy news and initiatives:
UN experts have expressed alarm over increased trafficking in Sudan, particularly of women and girls, amidst a humanitarian crisis, urging accountability and improved access for aid organizations. They highlight the rise in sexual exploitation, forced marriage, and recruitment of children for armed conflict, stressing the need for effective investigation and protection of vulnerable populations.
According to its 50th plenary meeting, GRETA has triggered positive changes in combating human trafficking over its 15 years of monitoring, including strengthened legislation and victim assistance measures among States Parties to the Council of Europe Anti-Trafficking Convention. These achievements are detailed in GRETA’s latest publication highlighting the practical impact of its work.
A New York Times and Fuller Project investigation has found that soft-drink brands including Coke and Pepsi have profited from a brutal system of labour in the Indian state of Maharashtra that exploits children and leads to the unnecessary sterilization of working-age women. Trapped by debt, women workers have little choice but to undergo hysterectomies to resolve ailments such as painful periods in order to keep working. Borrowing to fund the operation plunges them further into debt, ensuring they return to the fields the following season and beyond.
The second IOM regional situation analysis on trafficking in persons for forced criminality in Southeast Asia’s online scamming centers offers stakeholders an overview of IOM’s counter-trafficking data, accomplishments, notable media coverage, and publications from 2023, along with recommendations for 2024.
This first-of-its-kind report by the U.S. Department of Housing and Urban Development (HUD), offers a comprehensive examination of the challenges trafficking survivors face in accessing safe housing in the United States, highlighting the intersection of housing insecurity and human trafficking. Through extensive research and stakeholder contributions, it presents an overview of the situation and advocates for trauma-informed approaches, collaborative efforts, and increased access to affordable housing to better support survivors in their journey towards stability and recovery.
On 3 April, The Center on Human Trafficking Research & Outreach at the University of Georgia is hosting a webinar in which researchers from NORC at the University of Chicago will discuss their findings on forced labour among domestic workers in Morocco.
The OSCE is hosting the 24th Conference of the Alliance against Trafficking in Persons in Vienna on 15 and 16 April, which will focus on discussions on reshaping prevention approaches and showcasing effective tools and practices.
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