<figure><img width="1500" height="844" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb049c7e80680e08bb9djpeg.jpg" alt=""/><figcaption></figcaption></figure>A proposal by Nepal’s Immigration Department requiring consent from a guardian and local government for women under the age of 40 travelling to the Gulf or Africa has sparked public fury, and is taken as yet another proof of a misogynist, bungling bureaucracy.  The Department made the recommendation to the Home Ministry on Wednesday, saying it was needed to curb the trafficking of <a href="https://www.nepalitimes.com/latest/lift-the-ban-on-female-domestic-workers/" target="_blank" rel="noopener noreferrer">Nepali women without labour permits</a>, especially to the Gulf countries. However, instead of clamping down on the ‘setting’ and collusion between recruiters, immigration officials and foreign-based agents to curb trafficking, the restrictions overlook womens’ agency in making decisions, their freedom to travel and work.  Teknarayan Poudel at the Immigration Department told Nepali Times that an earlier 2009 directive had to be amended because of “rampant misuse”. The following changes have been proposed: <ol><li>Women travellers on visit visas need a travel insurance of at least Rs1.5 million</li> <li>They will need to show a voucher/receipt as evidence for currency exchange </li> <li>Women under 40 traveling for the first time to the Gulf Cooperation Council countries or Africa on their own are required to obtain permission from family members and the local ward. </li> </ol>It is the third proposal that has caused public outrage, and it ignores that in the past labour permits have been prone to misuse when unnecessarily restrictive, especially for women.  <figure><img width="1424" height="1253" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb079c7e80680e08bb9ejpeg.jpg" alt=""><figcaption> </figcaption></figure>By not granting labour permits or approvals for household work abroad, women cross the open border to India, or use visit visas since that is their only way out. It is clear that curbing visit visas, instead of curbing trafficking of women workers, will just <a href="https://www.nepalitimes.com/here-now/ban-the-ban/" target="_blank" rel="noopener noreferrer">intensify irregular travel via India</a>. Poudel says public reaction to the proposal overlooks the criteria that it only applies to first time travellers to the Gulf and Africa. “It is the first-timers to the GCC who are most vulnerable to visit visa misuse that this proposed amendment is addressing,” he said.  But that does not take away the ludicrousness of the proposal. When reached, the Home Ministry refused to comment. The proposed changes are similar to recommendations in a recent report by an inter-agency taskforce under the Home Ministry to investigate the misuse of visit visas.  Nepali workers were bypassing cumbersome labour permits by travelling abroad on visit visas, and the Immigration Department had been severely criticised for another meaningless proposal to require all those on visit visas to have a minimum education qualifications and English speaking abilities.  Poudel dismissed this, saying, “It was one of the many options that were tabled, but it was never given much consideration.”  <figure><img width="1802" height="1010" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb0a9c7e80680e08bb9fjpeg.jpg" alt=""><figcaption> </figcaption></figure>To be sure, the misuse of visit visas is a pressing problem because it has put many migrants, especially women, at risk. In addition to bypassing jobs and countries for which labour approvals are banned for safety reasons, visit visas are also misused by recruiters who want to circumvent legal safeguards or because there are delays in paperwork.“Countries or sectors restricted for foreign employment owing to vulnerabilities are the most ripe for misuse of visit visas,” says Kumar Dahal of the Department of Foreign Employment. “We get calls from women in places like Syria that are banned for foreign employment. Stranded domestic workers from Kuwait call us in the worst imaginable situations. What they have in common is that they all left on visit visas.”He said that although many workers go to the UAE on visit visas, it is also a transit to third countries. On Wednesday itself, the Nepal Embassy in Abu Dhabi released a notice asking Nepalis not to come to the UAE on visit visas for work because of an increase in cases of stranded migrants. The latest proposed restriction on visit visas has its roots in Nepal’s labour migration system that requires workers to obtain approvals to work abroad. The government labour permit is like Nepal’s exit pass that signifies legal pre-departure procedures are followed. The permits have their merits since they keep intermediaries and employers accountable, ensure that migrants travel with proper documents for authentic jobs, and they are enrolled in a contributory fund if something goes wrong.  However, the new proposal is <a href="https://www.nepalitimes.com/opinion/migrating-for-domestic-work/" target="_blank" rel="noopener noreferrer">reminiscent of past restrictions on women</a>. Looking at the evolution of the clause on treatment of female migrants: 1985 The Foreign Employment Act prohibited recruiters from providing jobs to women and children without the consent of guardians. 1988 An amendment expanded this to include permission from guardians as well as His Majesty’s Government. ‘Guardian’ referred to the mother or father of an unmarried woman or husband of a married woman, or elder or younger brother aged 21 years or more of an unmarried woman living in the same family, or father-in-law or mother-in-law of a married woman. 2007 The Foreign Employment Act stated: No gender discrimination shall be made while sending workers for foreign employment pursuant to this Act. Provided that where an employer institution makes a demand for either male or female workers, nothing shall prevent the sending of workers for foreign employment according to that demand. 2021 The proposed amendment requiring approvals from guardians and local governments for first-timers to travel on visit visas puts Nepali women back on square one.  <figure><img width="800" height="1035" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb0e9c7e80680e08bba0jpeg.jpg" alt=""><figcaption> </figcaption></figure>Shambhu Niroula, a legal adviser to the National Association of Foreign Employment Agencies (NAFEA), says the non-discriminatory clause in the 2007 Act was a huge achievement. “It wasn’t just the non-discriminatory clause, there were also examples of positive discrimination to level the playing field like returning the costs of orientation fees to women migrants,” he says, adding that the proposed rules are regressive. But directives such as the <a href="https://www.nepalitimes.com/latest/lift-the-ban-on-female-domestic-workers/" target="_blank" rel="noopener noreferrer">ban on domestic workers</a> that are predominantly female contradict the non-discriminatory legal clauses, and the new proposed rule is a regressive addition impacting women. The latest ban on domestic workers was <a href="https://www.nepalitimes.com/banner/homes-away-from-home/" target="_blank" rel="noopener noreferrer">put in place in 2017</a> after Parliament committee visited the Gulf in early 2020 and decided it was unsafe for domestic workers, regardless of gender. After a similar trip to the Gulf by a team led by Bimal Prasad Shrivastav, Chair of the Parliamentary Committee on Industry, Commerce, Labour and Consumer Interest instructed the government to revisit the ban.“We have recommended country specific policies for domestic workers abroad,” he said. The criteria include having a bilateral labour agreement, a separate domestic worker law, pre-departure training, equality of treatment between Nepalis and locals, and easy access to communicate with consular officials and families back home.These preconditions were still deemed restrictive, but better than previous rules. However, Covid-19 derailed action. The pandemic itself impacted women workers abroad disproportionately, especially those who had traveled through India or on visit visas since they did not exist in government records and were ineligible for any support from Foreign Employment Welfare Fund. There are also questions about the requirement that women need permission from the local ward before they can go abroad. They should instead be mobilised to help aspirants make informed decisions via counseling and information campaign. They also have the proximity advantage to monitor illicit activities.The reactive ban or restrictions on travel that disproportionately target women are lazy because the alternative requires stakeholders to be proactive, engage in bilateral discussions with destination country governments, have strong inter-agency coordination, hold complicit  immigrant officials accountable, ramp up action against traffickers, train and inform workers on safe practices, to look for safer, legal pathways, to create jobs at home, and clamp down on domestic violence. Instead, they have come up with bizarre policies with detrimental consequences that do not address the problem at hand, but have unintended but predictable consequences.Nepalis reacting on social media to the proposal have questioned on what grounds is a ‘guardian’ eligible to grant permission for a woman to travel. ‘Why should men under 40 be spared from this provision?’ asked one. How will the consent from the guardian and local authority address trafficking, said another. What if the same guardian is the very source of domestic violence from which the woman is escaping for overseas work?  <img width="640" height="535" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb109c7e80680e08bba1jpeg.jpg" alt=""><img width="640" height="902" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb139c7e80680e08bba2jpeg.jpg" alt=""><img width="518" height="672" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb169c7e80680e08bba3jpeg.jpg" alt=""><img width="750" height="403" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb189c7e80680e08bba4jpeg.jpg" alt=""><img width="900" height="424" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110101156/636ccb1a9c7e80680e08bba5jpeg.jpg" alt="">Even when such letters are not required, women are often harassed by immigration officials at the airport.  Because of the public reaction, it is likely that the Home Ministry will not move forward with the proposal. But it is a sad reminder that even decades later, we are even considering such archaic policies that were considered discriminatory and regressive even then.  Bijaya Shrestha, who heads AMKAS Nepal that supports returnee female migrants says, "In 1996 I wanted to make a passport to go to Japan and was asked to bring a similar letter from my guardian and when I told them I don't have guardians, they said it could be my younger brother who was 21 years old. I was 30 then."The passport office was all right with a letter from her younger brother, but not from her 28-year-old younger sister. She adds, "I can't believe we are back to the same debate against a nonsensical, discriminatory policy. How much longer must we fight against this?" Up to 70% of women workers that AMKAS supports were forced to travel through irregular channels because of the travel restrictions. Sarda Rai is a migrant who has worked in households in Dubai, Kuwait and Saudi. She is now back in her home in Morang, and says: “I left via India but used to return home through Kathmandu airport. The immigration officials gave me a hard time every time. I had to fight back and tell them either to lift the ban, to not issue us passports at all, or to give us jobs in Nepal. All that is still true.”

Upasana Khadka

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History of female (im)mobility in Nepal

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b757d9c7e80680e0623f0jpeg.jpg" alt="" width="1000" height="1500"/><figcaption>Nepali domestic worker in balcony of a Beirut house. Photo: UPASANA KHADKA</figcaption></figure>Shama had a job waiting for her as a domestic worker in Kuwait. But given <a href="https://www.nepalitimes.com/here-now/ban-the-ban/" target="_blank" rel="noopener">Nepal’s ban on such work</a>, she travelled overland through India and finally left Delhi airport. However, she could not make it past immigration in the UAE, and was sent back to Kathmandu the same day – the very airport that she had initially avoided due to the ban.The Parliamentary Committee on Industry, Commerce, Labour and Consumer Interest will be visiting the Gulf this month to review the <a href="https://www.nepalitimes.com/latest/caring-for-nepals-women/" target="_blank" rel="noopener">situation of Nepali domestic workers</a>. This visit will determine the fate of tens of thousands of Nepalis like Shama impacted by the ban on domestic workers that came into effect in 2017 after a similar visit by a Parliamentary Committee.Read also: <a href="https://www.nepalitimes.com/opinion/migrating-for-domestic-work/" target="_blank" rel="noopener">Migrating for domestic work</a>, Upasana KhadkaThat visit was considered not thorough enough because Committee Members, instead of making the effort to reach out to domestic workers outside the Embassy, were reported to be more interested to meet politically connected businessmen and NRNA leaders. Their interactions with domestic workers were limited to abused migrant workers at embassy shelters.With insufficient protection, domestic work is one of the most exploited sectors, but extending the ban took the focus away from the core issues, including more bilateral efforts, diplomatic pressure, strengthening of embassies, better training, and new ways to maintain regular contact with domestic workers and stronger monitoring of both employers and recruiters.Instead, the ban superseded any policy to correct weaknesses in the domestic work sector, making them even more invisible as they are neither in the government's records, nor eligible for safe migration initiatives. This has made holding recruiters or employers accountable for abuse even more challenging.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/ban-the-ban/" target="_blank" rel="noopener">Ban the ban</a>, Upasana Khadka<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/homes-away-from-home/" target="_blank" rel="noopener">Homes away from home</a>, Upasana Khadka<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b757f9c7e80680e0623f1jpeg.jpg" alt="" width="1500" height="2250"> Shama flew out through India but could not get past immigration in Dubai. <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/nepal-and-malaysia-rewrite-rules-for-migrant-labour/" target="_blank" rel="noopener">As a blanket policy</a>, the ban also does not distinguish among destination countries or domestic work categories. Not all countries where Nepalis are in domestic work are equally vulnerable. The UAE, for example, has made visible efforts on domestic worker safety. It has adopted a domestic worker specific law, and has set up Government-approved Tadbeer Centers that provide all services related to domestic workers. Similarly, not all domestic workers are equally vulnerable. A domestic worker is not just a housemaid, but they also work as guards, gardeners, personal cooks and drivers.Because of the high demand for domestic workers and the push factors in Nepal, the ban has allowed unscrupulous agents to find loopholes to overcome the state-imposed barriers. The long open border with India has rendered the ban ineffective. And many domestic workers continuing to go abroad as cleaners or on tourist visas, with airport ‘setting’ -- a widely understood phenomenon involving bribes to the immigration and labour counter.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/nepal-and-malaysia-rewrite-rules-for-migrant-labour/" target="_blank" rel="noopener">Nepal allows female domestics to come home for Dasain</a>We criticise the limited mobility of Nepali workers abroad because their passports are confiscated by employers, yet we limit a domestic worker's mobility by refusing them labour approvals to travel abroad legally. We emphasise skills training for migrant workers, but we deprive them of the 35-day mandatory, free, residential domestic worker pre-departure training as per Nepali law when the ban isn’t in place. We censure limited labour rights abroad, yet impose a ban that <a href="https://www.nepalitimes.com/banner/homes-away-from-home/" target="_blank" rel="noopener">prevents thousands of women from visiting ailing parents or reuniting with their children back home</a>. Until recently when the government finally allowed current domestic workers to come home for holidays, they could not return to Nepal for fear of not being allowed back out to well-paying jobs, and those who had to pay large sums to use unauthorised channels.Read also: <a href="http://archive.nepalitimes.com/news.php?id=16350#.XlTsjTIzaUk" target="_blank" rel="noopener">Modern day slaves</a>, Dewan RaiThe ban clearly does not take into account the factors that drive women to seek domestic work abroad.  For many women, it is the first time they engage in work with renumeration and allow them to provide for their families.Stories of abuse are prevalent and horrific, but surely numerous on-and-off restrictive policies in the last two decades (age bans, country bans, conditional bans, blanket bans) are not the appropriate response. The Parliamentary Committee owes it to current and future Nepali domestic workers to end the ban once and for all, and to emphasise more effective policy responses that get to the heart of the issue and not shrug off responsibility by attributing any malpractice to the domestic worker's own irresponsibility for breaking the law.Name of worker has been changed.

Lift the ban on domestic workers

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75749c7e80680e0623edjpeg.jpg" alt="" width="1000" height="846"/><figcaption>An aspirant migrant worker in a language class. Photo: UPASANA KHADKA</figcaption></figure>Activists decry the ban on migrating for employment in domestic work as it impedes a person's freedom of mobility, freedom of work and freedom of choice. And women in particular continue to circumvent the ban, a testament to their determination to provide for their families despite restrictions.The ban removes the urgency to actually address the root causes of vulnerability. But let us pretend for a moment that the ban has achieved its desired goal -- women have stopped going abroad to work in this sector in which they are highly vulnerable.Read: <a href="https://www.nepalitimes.com/latest/lift-the-ban-on-female-domestic-work/" target="_blank" rel="noopener">Life the ban on female domestic workers</a>, Upasana KhadkaThe focus should then have been on the alternatives to domestic work abroad. Women interested to engage in remunerative work either being absorbed into the internal labour market or migrating abroad for relatively safer, more rewarding jobs in other fields. A ban in itself is an ineffective tool. A ban in the absence of alternatives, both domestically and abroad, is worse.Read also:<a href="https://www.nepalitimes.com/here-now/ban-the-ban/" target="_blank" rel="noopener"> </a><a href="https://www.nepalitimes.com/here-now/ban-the-ban/" target="_blank" rel="noopener">Ban the ban</a>, Upasana Khadka<a href="http://archive.nepalitimes.com/news.php?id=16350#.XlTsDTIzbIU" target="_blank" rel="noopener">Modern day slaves</a>, Dewan Rai<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75779c7e80680e0623eejpeg.jpg" alt="" width="1000" height="1500"><figcaption> </figcaption></figure>A substitute to the domestic worker ban that merits consideration is female labour outmigration for work in jobs in other sectors. While gender-based occupational segregation is a reality, should female labour migrants just be shunted into domestic work?There is no explicit ban on women's mobility to fields of manufacturing, hospitality and services.  Why are women who are willing to overcome cultural and familial barriers to use unauthorised and risky channels for domestic work abroad not opting for legal channels to work in other sectors? The financial, informational or skills-related barriers they face need to be gravely considered and addressed.The reality is women physically moving to where jobs are, even domestically, is not common. According to the latest Labour Force Survey, more than 90% of female internal migrants in rural areas and 70% in urban areas of Nepal reported marriage as their primary reason for moving.Read also:<a href="https://www.nepalitimes.com/latest/caring-for-nepals-women/" target="_blank" rel="noopener"> </a><a href="https://www.nepalitimes.com/latest/caring-for-nepals-women/" target="_blank" rel="noopener">Caring for Nepal's women,</a> Nepali Times <a href="https://www.nepalitimes.com/banner/homes-away-from-home/" target="_blank" rel="noopener">Homes away from home,</a> Upasana Khadka<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b757a9c7e80680e0623efjpeg.jpg" alt="" width="1269" height="712"><figcaption> </figcaption></figure>Recognizing the potential of women would have meant addressing the barriers to their participating and flourishing in the labour market, which would have been further opportune in the context of high male outmigration. Instead, the labour-force participation of women is low at 26% (excluding work carried out for domestic production) while the share of female youth (15-24) not in employment, education or training is over 47%. Among those employed, the median monthly earning of women is two-third of their male counterparts.The ban on domestic work abroad is an easy fix that can be dismantled in its entirety should a willing leader, or in our case a willing Parliamentary Committee, come along.  What is more difficult to dismantle are pervasive protectionist norms and stigmas that are perhaps as restrictive, but more enduring.The issue of the ban on migration for domestic work in Nepal will resurface this month to coincide with the visit of the Parliamentary Committee to West Asia to reassess it. The ban needs to be lifted, but this is also an opportune moment to address other less-explicit but enduring factors that are holding women back, both literally and figuratively.Upasana Khadka writes this column <a href="https://www.nepalitimes.com/opinion/why-has-zero-cost-migration-not-happened/">Labour Mobility</a> every month in Nepali Times, analysing trends affecting Nepal’s workers abroad.

Migrating for domestic work

https://youtu.be/7ai0bu0OtrwThere is something inherently elitist about labels like ‘expat’ and ‘diaspora’. They refer to skilled Nepalis studying, working or living abroad and not to the hundreds of thousands of migrant workers when, in fact, both are just individuals moving out for better opportunities.But Nepal’s migrant economy has also opened up new business prospects, as Kalyan Ghimire discovered. It was during a trip to Qatar to organise a musical event for Nepalis that he saw a market for ‘nostalgic products’ like dalle khursani and gundruk among the 400,000 Nepalis in Qatar.“On one hand, I saw Qatar’s reliance on imports of vegetables, especially after the embargo, with a high share of Nepalis as the consumers of these imports,” Ghimire explained. “On the other hand, farmers in Nepal were destroying produce using dozers to protest low prices.”Although he had little experience in the trade, Ghimire set out on a mission to play the role of a link by establishing Al Saman International. His business intuition told him Nepali migrant workers could be customers, marketers and advisers. Nepalis work in just about every sector in Qatar, and through them he was able to establish networks with higher-ups who make procurement decisions.Read also: <a href="https://www.nepalitimes.com/here-now/dead-end-of-the-korean-dream/">Dead end of the Korean Dream</a>, Ki MindoGhimire’s son Saman is based in Qatar and now in charge of marketing Nepali produce. He says: “Nepali workers were reluctant in the beginning to believe that it was do-able. But once they saw the possibility, they are doing everything to help us.”It required just the first few orders for the business to take off. Nepalis were the biggest consumers and helped spread the word. A wave of selfies by migrant workers next to ‘Nepali Vegetables’ signs proliferated on social media. The red hot dalle khursani chillies have been a particular hit, including among Pakistanis.“Word of mouth and social media did wonders in expanding our consumer base,” says Saman Ghimire, who adds that Nepalis working in supermarkets go out of their way to help spread the word. “A Nepali bhai in one mart even changed the placement of our vegetables as he thought they were not visible enough.”Ghimire’s Facebook account now resembles review websites like Yelp. Workers send unsolicited reviews and advice. One of them reads in Nepali: “I was at the Able mart the other day where special vegetables from India and Bangladesh were being sold. There was a huge crowd of buyers there, including Nepalis. I recommend you to explore this possibility.”Read also: <a href="https://www.nepalitimes.com/latest/us-ban-on-malaysian-glove-exporter-affects-nepalis/">US ban on Malaysian glove exporter affects Nepalis</a>, Upasana Khadka<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a606d9c7e80680e056e7cjpeg.jpg" alt="" width="1000" height="1084"/>Recently, Qataris were spotted buying gundruk in Ghimire’s partner store in Doha, Fresh Food Mart. With many Nepalis working as cooks, their employers seem to have developed a taste for the fermented Nepali dish as well.The company has streamlined a supply chain to fly consignments of fresh Nepali veggies to Doha every Wednesday and Sunday. The seven markets place their orders a day or two before. Back in Nepal, farmers bring their produce to a collection point in Satdobato early morning on shipment day.The produce is graded, packaged and sent to the airport quarantine office, then put into the cargo holds of flights to Qatar. A team at Doha airport receives the shipments and dispatches them to market. This Wednesday orders were placed for 1,900kg of fiddleheads, chillies, radish, French beans and bamboo shoots.Read also: <a href="https://www.nepalitimes.com/from-the-nepali-press/migrants-abroad-left-in-lurch/">Migrants abroad left in lurch</a>, Nepali TimesThere have been hiccups along the way. For example, there is a big demand for coriander and mustard leaves, but they have a short shelf-life and attempts to export them have not worked out.One big challenge is the cost of air freight, which puts Nepali produce at a price disadvantage compared to items from India, Bangladesh and Pakistan. The government could help by setting a lower rate for perishables in the cargo holds of Doha-bound aircraft.For now, the father-and-son team is trying to consolidate the business, make supplies reliable and fresh for current customers. Says Saman Ghimire: “If we can ensure the guaranteed supply of vegetables, demand is not a problem.”The Ghimires also have their eyes on FIFA 2022, when they expect demand to grow. They are also hoping to branch out into exporting bottled water and t-shirts for the World Cup games.Says Kalyan Ghimire: “There is potential for so much more economic activity beyond labour migration. Returnees can also play an important role in expanding their horizons in the Gulf and Malaysia.”Read also: <a href="https://www.nepalitimes.com/opinion/success-in-nepal-means-not-having-to-work/" target="_blank" rel="noopener">Success in Nepal means not having to work</a>, Anil Chitrakar<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a606f9c7e80680e056e7djpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure><h2>US ban on Malaysian glove exporter affects Nepalis</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60729c7e80680e056e7ejpeg.jpg" alt="" width="500" height="500">The suspension of exports from Malaysia-based WRP Asia Pacific, a glove manufacturer, by the US Customs and Border Protection (CBP) Detention Orders this month has been hailed as a milestone in the fight against forced labour and has potential implications for Nepali workers in Malaysia.WRP Asia Pacific was accused of using forced labour at its plants in Malaysia, and the order has reverberated throughout the rubber sector, which accounts for 65% of the global glove industry.The company made headlines recently after a strike by over 2,000 Nepali and Bangladeshi workers, who said they had not been paid for months.“We held a strike for two days, and resumed work only after our Embassy intervened and the employer was forced to pay due wages.We have been paid in a timely manner since then, but we don’t know how the ban will affect our future,” said Dipak Rai, a Nepali worker.The media reports led Malaysia’s Ministry of Human Resource to file a court case against WRP Asia Pacific. The US move is as per its Trade Facilitation and Trade Enforcement Act, which makes imports produced by forced labour illegal.Other countries also have laws for due diligence in global supply chains, like the French Corporate Duty of Vigilance Bill or the UK’s Modern Slavery Act, holding parent companies liable for activities of subcontractors and suppliers.The CBP order has also halted imports from four other countries: China (garments), Brazil (bone charcoal), Democratic Republic of Congo (gold) and Zimbabwe (diamonds).It is difficult for the Nepal Government to unilaterally lobby or watch-dog destination countries outside its jurisdiction to ensure compliance of labour standards in ‘dangerous, dirty and difficult’ jobs Nepalis do. Given that migrant workers do not have freedom of association in many destination countries, collective bargaining is not always possible.The Nepal Government has tried to bypass the limitations by requiring Nepal-based recruitment agencies to be held accountable for non-compliance of contractual terms by a foreign employer. Licensed recruiters now have to contribute to escrow deposits so workers are compensated in case of exploitation.Malaysia is now proposing a new chapter on forced labour in its Employment Act, and pushing companies to conduct social audits, which they have so far been reluctant to do. A case like the WRP one can push for tangible outcomes for the welfare of often-overlooked workers, and could set a precedent for systemic reforms in labour migration.Upasana KhadkaSome names have been changed.

Greens from Nepal in Qatar’s desert

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171152/636937b89c7e80680e03fe57jpeg.jpg" alt="" width="1500" height="1476"/>MADRID – Sadly, 2018 will not be remembered as a year of political and diplomatic success. Though the international order had already begun to erode in 2017, the global political environment became downright chaotic, combustible, and hostile this year. That is no coincidence, as these are perhaps the three adjectives that best describe the United States under President Donald Trump.Since January 2018, when the Trump administration announced tariffs on imported solar panels and washing machines, the year has been marked by an escalating “trade war,” waged primarily – but not exclusively – by the US against China. The ongoing tariff disputes have seriously <a href="https://foreignpolicy.com/2018/10/19/the-trade-war-has-claimed-its-first-victim/">undermined</a> the World Trade Organization and deepened mutual distrust in Sino-American relations.For its part, China this year <a href="https://www.nytimes.com/2018/03/10/world/asia/china-xi-jinping-term-limit-explainer.html">eliminated</a> presidential term limits, raising fears that President Xi Jinping’s so-called <a href="https://foreignpolicy.com/2018/10/18/i-mastered-xi-jinping-thought-and-i-have-the-certificate-to-prove-it/">new era</a> will end the period of collective leadership ushered in by Deng Xiaoping’s reforms, which were themselves a corrective to Mao’s cult of personality. This move could also herald a further deviation from Deng’s trademark foreign-policy restraint.Similarly, Russian President Vladimir Putin was reelected in March, to no one’s surprise. Under Putin, Russia has been re-emerging as a geopolitical force. And yet, its economy is essentially stagnant, owing in part to its excessive dependence on hydrocarbons. In the absence of growth, Putin has relied on foreign policy to shore up his domestic popularity.For example, Putin’s campaign press secretary welcomed the British government’s response to the nerve-agent attack on Sergei and Yulia Skripal, because it may have <a href="https://www.standard.co.uk/news/world/kremlin-thanks-britain-for-putin-s-landslide-victory-a3793546.html">mobilized</a> Putin’s supporters in the run-up to the presidential election. And the Kremlin’s recent decision to blockade Ukrainian ports in the Sea of Azov may also have been <a href="https://www.washingtonpost.com/world/2018/11/26/is-there-link-between-putins-approval-rating-aggressive-russian-foreign-policy/?utm_term=.7f850b68f13d">designed</a> to boost Putin’s domestic approval rating, among other goals. The danger now is that both the US and Russia will cease to implement the 1987 Intermediate-Range Nuclear Forces Treaty, posing a new and acute <a href="https://www.brookings.edu/blog/order-from-chaos/2018/12/13/will-europe-try-to-save-the-inf-treaty/">threat to Europe</a> in particular.Meanwhile, the Middle East has continued to serve as a battlefield for some of the world’s most violent conflicts. Though the Islamic State (ISIS) has continued to <a href="https://bigthink.com/strange-maps/22-months-of-war-condensed-in-a-1-minute-video">lose ground</a>, it is far from defeated – contrary to what Trump <a href="https://twitter.com/realDonaldTrump/status/1075528854402256896">has claimed</a> – and the death toll in Syria’s civil war continues to climb. Likewise, the humanitarian calamity in Yemen has deepened, though negotiations that ran aground in 2016 have at least resumed and made <a href="https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/yemen/making-yemens-hodeida-deal-stick">some progress</a>. In Afghanistan, what is widely regarded as the longest-running war in US history continues, and <a href="https://thenewsrep.com/109943/is-afghanistan-a-lost-cause-taliban-control-more-territory-since-2001/">it is estimated</a> that the Taliban now controls more territory than at any time since their government was overthrown in 2001.Despite some recent developments in the aforementioned conflicts, the underpinnings of the Trump administration’s general strategy in the Middle East remained intact in 2018. The US has reaffirmed its <a href="https://www.newyorker.com/magazine/2018/06/18/donald-trumps-new-world-order">support</a> for the axis of Israel, Saudi Arabia, and the United Arab Emirates, which it regards as a bulwark against Iran. In May, the Trump administration moved the US embassy in Israel to Jerusalem. That same month, it abandoned the 2015 Iran nuclear deal and announced an abusive re-imposition of extraterritorial sanctions, which reflects the increasing <a href="https://www.project-syndicate.org/commentary/trump-secondary-sanctions-eu-iran-by-mark-leonard-2018-10">weaponization of the US dollar</a>.Moreover, by siding with the Saudi government over his own intelligence agencies in the <a href="https://www.project-syndicate.org/commentary/confronting-saudi-policies-free-speech-yemen-syria-by-leon-willems-2018-12">murder</a> of journalist <a href="https://www.project-syndicate.org/columnist/jamal-khashoggi">Jamal Khashoggi</a> in October, Trump has made clear that opposing Iran and purchasing US arms is one of the quickest ways to his heart. The result of his broad approach to the Middle East has been to empower military hardliners throughout the region. In fact, Israel and Iran this year engaged in their first-ever <a href="https://www.theguardian.com/world/2018/may/11/iran-israel-little-incentive-hurry-down-path-war">direct military encounter</a>.Trump has also contributed, in one way or another, to the advance of populism around the world in 2018. In Latin America, Mexican President Andrés Manuel López Obrador (AMLO) and Brazilian President-elect Jair Bolsonaro have shown that “<a href="https://www.theguardian.com/news/2018/dec/03/what-is-populism-trump-farage-orban-bolsonaro">populism</a>” can encompass diverse ideologies. While both claim to speak for “the people” against “the elites,” the leftist AMLO was elected partly as a <a href="https://www.politico.com/story/2018/07/01/mexico-election-trump-populist-lopez-obrador-664243">rebuke</a> to Trump, whereas Bolsonaro embraces a Trump-like brand of right-wing nationalism, and enjoys the <a href="https://www.politico.com/story/2018/07/01/mexico-election-trump-populist-lopez-obrador-664243">support</a> of many Brazilian elites.The Russian philosopher Aleksandr Dugin, often regarded as one of the Kremlin’s main ideologues, <a href="https://www.politicaexterior.com/actualidad/trump-paso-hacia-objetivo-insuficiente/">argues</a> that “populism should unite right-wing values with socialism, social justice, and anti-capitalism.” This “integral populism,” he believes, is perfectly illustrated by Italy’s current governing coalition, which comprises the anti-establishment Five Star Movement and the nationalist League party.In October, Italy’s government instigated a conflict with the European Union (which has fortunately <a href="https://www.theguardian.com/world/2018/dec/19/italy-avoids-eu-sanctions-after-reaching-2019-budget-agreement">subsided</a>) by proposing a budget that defied EU fiscal rules. Italy’s leaders justified their policies in the name of an outdated interpretation of “<a href="https://www.theatlantic.com/international/archive/2018/10/eu-rejected-italy-budget-populists/573742/">sovereignty</a>,” one similar to that of the United Kingdom’s Brexiteers, whose haphazardness has left the UK’s future shrouded in uncertainty.There were a few positive developments in 2018. Certainly, the easing of tensions between the US and North Korea, and the even deeper rapprochement between North and South Korea, should be welcomed. Much credit belongs to South Korean President <a href="https://www.project-syndicate.org/columnist/moon-jae-in">Moon Jae-in</a>, who used the occasion of the Winter Olympics in Pyeongchang to reach out to North Korean leader Kim Jong-un. Trump’s subsequent turn toward diplomacy – which led to his historic summit with Kim – should also be applauded, though his administration has <a href="https://www.washingtonpost.com/world/asia_pacific/north-korea-rejects-denuclearization-unless-us-nuclear-threat-is-eliminated/2018/12/20/fcf642a2-0438-11e9-b5df-5d3874f1ac36_story.html?utm_term=.c0a8c770d20f">yet to achieve</a> anything more than symbolic progress toward denuclearization of the Korean Peninsula.The result of the US midterm elections was also good news. Democratic control of the House of Representatives means that, from January 2019, there will be more checks on Trump’s policies. And there have been welcome developments in the Republican-controlled Senate, where a recent resolution condemning Saudi Crown Prince Mohammed bin Salman for the murder of Khashoggi, and another to end US support for the Saudi campaign in Yemen, <a href="https://www.nytimes.com/2018/12/13/us/politics/yemen-saudi-war-pompeo-mattis.html?module=inline">passed</a> with bipartisan support.In Europe, the prospects for 2019 will depend primarily on three factors: Brexit, German Chancellor Angela Merkel and French President Emmanuel Macron’s push for <a href="https://www.ft.com/content/826a4986-f7ac-11e8-af46-2022a0b02a6c">EU reform</a>, and the European Parliament election in May. In each case, one hopes that the supporters of democracy, the rule of law, European integration, and multilateralism will prevail.Those who oppose these principles have had a rather good year. But they would be mistaken to think that those who uphold them have lost the will – and the ability – to cultivate a spirit of cooperation and harmony.     © Project SyndicateJavier Solana was EU High Representative for Foreign and Security Policy, Secretary-General of NATO, and Foreign Minister of Spain.

Good riddance to 2018

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171136/636933fb9c7e80680e03dfcdjpeg.jpg" alt="" width="1200" height="1344"/>An estimated 2.5 million Asians every year migrate under work contracts to other countries in the region and beyond. Labour-sending countries have tended to compete with each other rather than cooperate, thus decreasing the bargaining power of their <a href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener">nationals. However, the desperation of people seeking employment and the greed of recruiters</a> have often left workers vulnerable to exploitation and deception.In 2003, 12 Asian labour-exporting countries got together with help from the International Organisation for Migration (IOM) and the Swiss government to set up the Colombo Process to manage contractual overseas employment. As the current chairing country, Nepal is hosting a ministerial meeting in Kathmandu this week to monitor progress on the protection of migrant workers, optimising the benefits of overseas migration by coordinating responses, and enhancing the impact of remittances.The Colombo Process is too important to be just another regional talkshop. Our economies are too reliant on remittances to be bogged down in more hazy commitments and pious platitudes.Read also: <a href="https://www.nepalitimes.com/?p=16304&amp;preview=true" target="_blank" rel="noopener">Paying an arm and a leg</a>, Om Astha RaiI<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/win-win-migration/" target="_blank" rel="noopener">nterview with Labour Minister Gokarna Bista</a>The meeting is happening in Kathmandu just after <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-malaysia-labour-pact/" target="_blank" rel="noopener">Nepal signed an MoU with Malaysia</a> to streamline migration, and to minimise the role of middlemen who were fleecing desperate workers. <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener">A recent investigation on this issue</a> by the Centre for Investigative Journalism – Nepal and carried by this newspaper prompted the new regime in Kuala Lumpur to work with Nepal’s own Minister for Labour, Gokarna Bista, to hammer out a deal.As with everything else in Nepal, however, the proof of the pudding will be in the implementation. The migration mafia has tentacles in the bureaucracy and executive, and will be reluctant to give up the lucrative loot of desperate Nepalis. Before sender nations chart out ways to cooperate with each other and negotiate jointly with destination states, they first need to clean up their own house.The Nepal-Malaysia deal sets a precedent, and is a testament to how sending countries should put their foot down by having a moratorium on workers if necessary until the injustices are addressed. It showed that perhaps by being complacent and not raising our demands clearly, we are missing out on even low hanging fruit that destination countries are readily willing to address. This should not be a race to the bottom. Labour exporters can magnify their bargaining power if they cooperate to strategise, and stop being fearful of a loss of quotas.Read also: <a href="https://archive.nepalitimes.com/article/nation/Nepali-migrants-hounded-out-Malaysia-,3036" target="_blank" rel="noopener">Hounded out of Malaysia</a>, Om Astha Rai<a href="https://archive.nepalitimes.com/article/nation/undocumented-Nepali-migrant-workers-in-Malaysia,3958" target="_blank" rel="noopener">The freedom of being illegal</a>, Upasana KhadkaSouth Asian workers fill essential job categories, and even though receiving countries will not admit it, their economies depend on imported labour. Our countries need champions who look beyond vested interests at the common good, as we saw with the Nepal-Malaysia deal.The dozen members of the Colombo Process have a lot in common. One migrant worker in the Gulf told us: “Here, it does not matter which nationality or ethnic group we are, we are all treated the same.” In Kuala Lumpur, undocumented workers are rounded up together, regardless of nationality. One of them said: “We were crammed in a room full of Bangladeshis, Indians, Indonesians and Nepalis.” Female migrant workers have similar experience when arriving at the recruiter’s office in the destination country: “We were women from Sri Lanka, Philippines, India, Nepal and Bangladesh, all waiting for our employers to show up.”Most migrants have been lured with tantalising dream jobs by merchants, paid agents in home countries exorbitant fees. They have often arrived at the destination to be paid much less than promised. These shared experiences should guide cross-border cooperation within the Colombo Process by boosting their bargaining power with destination countries on minimum wage, facilities and rights.Read also: <a href="https://archive.nepalitimes.com/regular-columns/As-It-Happens/Nepali-migrants-illegal-Malaysia-,718" target="_blank" rel="noopener">Illegal, ill-treated</a>, Om Astha Rai<a href="http://archive.nepalitimes.com/article/nation/stay-home-Nepal-Malaysia-migrants,3037" target="_blank" rel="noopener">Staying home</a>, Sonia AwaleCompetition for lower wages and minimum facilities victimise workers. It is a buyer’s market and workers end up paying more to book a spot with a broker, agents engage in visa trading at the cost of the migrant, and countries fear losing demand quotas for workers.This should not be a zero sum game, and our governments must put protection of nationals on high priority. After all, they are migrating because of our collective failure to provide meaningful employment at home.Sending countries could collaborate to increase their presence in destination countries outside the capital where missions are usually centered. One country’s loss in demand due to a ban, should not be seen as another country’s gain – especially when it comes to female workers. No matter their nationality, women from many of our countries are exposed to the same vulnerability. Many migrant workers who are wounded are put on a plane and sent back (as we report on page 14-15), they should get better treatment from their employers and the host government. The Kathmandu meeting should agree on action points on these thematic areas.This is an apt time to push the Colombo Process into higher gear because of greater attention on destination countries with the adoption of the Global Compact on Migration. In addition, FIFA 2022 in Qatar, the 2020 Olympics in Japan and other global events have put receiving countries with labour shortages under the international spotlight, and increased pressure to clean up their act.Read also: <a href="https://archive.nepalitimes.com/article/nation/lifeline-of-Nepal-economy-threatened-by-conflict-in-West-Asia,2842" target="_blank" rel="noopener">Unsafe workplaces</a>, Om Astha Rai<a href="http://archive.nepalitimes.com/article/nation/disproportionate-number-of-deaths-of-Nepali-workers-in-Malaysia,2812" target="_blank" rel="noopener">Dying to work in Malaysia</a>, Sonia Awale<h2>10 years ago this week</h2>Ten years ago this week in issue #424 of 7-14 November 2008, the Nepali Times editorial was once more giving unsolicited advice to politicians to get their act together. It would take another eight years for them to do so, and finally promulgated a flawed constitution. Here is what the editorial said:‘Among all the challenges before us in the constitution drafting process, perhaps the most daunting will be the lack of political cooperation between the parties.The democratic alliance of 2006 finally broke down after the NC decided to stay in the opposition after its election defeat. But the UML-Maoist marriage of convenience is also rocky, and there is no love lost among other members of the coalition. The Maoists themselves are not even bothering to hide their internal strife, and are playing it out in the full glare of media as they postpone their cadre conference yet again.The NC has refused to agree to full integration of the PLA into the national army, demanded the YCL be disbanded, a return of all confiscated property and adherence to the rule of law. There is also the larger concern about the Maoists' commitment to pluralistic democracy. The Maoist leadership may be inclined to strike a deal, but is prevented from doing so by its own rank and file.There can be a win-win solution to this, but only if the NC and Maoists remind themselves of the larger national interest, and that in a democracy you lose some and win some.’<a href="http://archive.nepalitimes.com/issue/424" data-elementor-open-lightbox=""></a><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171136/636933fe9c7e80680e03dfcejpeg.jpg" alt="" width="513" height="816">

middle-east

History of female (im)mobility in Nepal

Lift the ban on domestic workers

Migrating for domestic work

Greens from Nepal in Qatar’s desert

Good riddance to 2018

Bargaining Power