Table of Content. About CMIR 2. Background 2. About legal and paralegal support 3. Network Mobilization and coordination 4. Case handle by CMIR

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2 Table of Content About CMIR 2 Background 2 About legal and paralegal support 3 Network Mobilization and coordination 4 Case handle by CMIR Case story 8

3 2 About CMIR Center for Migration and International Relations (CMIR) is a not-for-profit institute thriving to ensuring rights of migrant workers and their families are respected, guaranteed and fulfilled. We are a dedicated and dynamic team of returnee migrant workers, migrant rights' activists and researchers having a long-time involvement history in the field of migration and development. In Nepal, CMIR is the first institute of involving all three groups: returnee migrant workers, migrant rights activists and researchers into a common platform. This enables CMIR to better understand the multifaceted impacts of migration on different aspects and dynamics of the society and thus, help to come with concrete humanitarian actions, policy recommendations and enduring advocacy efforts in national, regional and international level. CMIR is also the first and only institute in Nepal to involving international relations as a part of study and advocacy of migration dynamics. Although study and advocacy on bettering international relations make an obvious impact on migration governance and patterns for any given country, CMIR explicitly focuses on including international relations as strong component to study and advocate for guaranteeing rights of migrant workers and their families. Background Department of Foreign Employment (DoFE), Ministry of Labour and Employment, Nepal data states that every year half a million Nepalese migrant workers leave Nepal for foreign employment to pursue their dream of employment and to enhance the quality of lives of their families. Many families primary needs are fulfilled through remittances. Nepalese migrant workers have been contributing around 29% of the Gross Domestic Product (GDP) of Nepal through the remittances. Livelihoods of many Nepalese families have changed over few decades by foreign employment; increase awareness in quality education, good health and nutrition are some of the fair examples of an increase in their quality lives. But the story is not the same for many migrant workers and their families. The chain of false promise and deception begins from the very first stage of the foreign employment process. Every year around 4000 complaints have been filed in DoFE, Nepal against recruitment agencies and agents; around 4000 to 5000 cases have been registered in the Embassies of Nepal in destination countries

4 3 regarding labour issue; more than thousands of migrant workers have been detained, around 1200 have been reported dead and thousands of female migrant workers have been facing domestic violation. However, the Civil Society Organizations and the government have claimed that the number of deception and violation have been found very high in comparison to the actual complaints received. Trafficking in person, use of unauthorized routes, dual contract, underpayment and nonpayment of wages by the sponsor, misbehaviour by the sponsor, death due to unsecured work and unhygienic food, traffic accidents are some of the major problems that many Nepalese migrant workers have been facing during foreign employment. There have been some efforts from the government and civil society organizations to address the problem of migrant workers and their families, despite many barriers exists like centralized foreign employment offices, the limited staff at diplomatic missions, limited and restricted access to migrant workers to government institutions. Due to this fact, many problems of migrant workers are unheard. These circumstances have given space to the traffickers, fraud recruitment agencies and sponsors to continue deceiving migrant workers. About Legal and Paralegal Support Legal and Paralegal Support is a philanthropic effort of CMIR to provide immediate support for distressed migrant workers and their families. Rescue or immediate support includes a range of services including rescue and legal aid support to distressed migrant workers, especially working in GCC countries and Malaysia, legal aid support to families of distressed migrant workers, immediate health-care and psychosocial counselling and transit-home (safe house) services for distressed migrant workers. CMIR uses its widespread relations with national and international line agencies, migrant rights and human rights institutions, regional and global networks, partners, Diaspora group, UN agencies and individuals to operate its rescue and immediate support works.

5 4 Network mobilization and coordination: CMIR supports 500+ distressed and destitute Nepalese migrant workers and their families every year. Realizing the gravity of problem, CMIR has been re-equipping its staffs and members frequently to cope up with the problems that migrant workers have been facing and mobilizing its rescue fund to rescue or provide immediate support to distressed migrant workers through arrangement of return tickets to detained Nepalese migrant workers, provide travel expenses to rescued migrant workers to reach their home, facilitate to bringing back dead bodies, rescue of domestic workers, immediate health-care and psychological counseling to injured and migrant workers having severe health problems and others. Services offered from CMIR are absolutely free for migrant workers and their families.

6 5 Cases handled by CMIR in 2016 In the year 2016, 564 cases were received about problems faced by migrant workers in different countries for which CMIR provided legal and paralegal assistance. According to the cases received Saudi Arabia, Qatar is the most attractive countries for migrant workers. The maximum number of cases and issues received are from these countries followed by Malaysia, UAE and Kuwait. From the cases received data can be drawn about the countries which are more vulnerable for migrant workers. According to the data, Saudi Arabia has the highest percentage of cases received of 35% which shows that Saudi Arabia s working environment appears to be problematic. Followed by are countries: Qatar with 22% and Malaysia 17%, UAE 9%, Kuwait 6% and others with 11%.

7 6 Looking from a gendered perspective the labour violation cases dealt by CMIR in 2016 showed that cases and issues related to women are staggeringly low. The data indicated 93% of the male migrant workers face labour violations and the percentage of cases received on women migrant was 7%. The number of women migrant workers is very less as compared to the male migrant workers in all countries. The total number of migrant workers who left for foreign countries in the year 2072/73 was 4, 18,713 in which 19,307 were females and 3, 99,406 were males. So, the cases received about women migrant workers are comparatively very low.

8 7 Analyzing the cases received in 2016 as nature wise labour violations the data shows that 19% of the cases received was related to the death of the migrant workers among which 95% of cases were of male migrant workers and only 5% cases were of female workers. The data showed that only a few cases were received regarding the health issues which included the cases of male migrant workers only. No health related cases of female migrant workers were received in % of the cases were related to the issue of migrant workers being jailed which included no cases of female migrant workers. The issue of breach of contract amounted to 37% of which 92% were cases of male migrant workers and 8% of cases were of female migrant workers. Out of the total cases received 7% was the issue of missing among which 71% was the cases of the male while 39% of the cases of female migrant workers. The cases of recruitment issue received was 13% of which 85% cases were of male migrant workers and 15% were of female migrant workers. Whereas relating to other issues amounted to 8% of which all the cases were related to male migrant workers.

9 8 Case Story Kalu Gurung In developing countries like Nepal, the rate of out migration is very high, precisely for foreign employment. According to Department of Foreign Employment 2014/15 report, more than 3.8 million work permits were granted by the government of Nepal to migrant workers joining foreign employment (excluding India) during the 1993/ /15 fiscal years, which represents almost 14 per cent of the current population. The majority of those Nepalese migrants are working in Malaysia and Gulf countries. Many discourses and discussions related to migrant workers issues have emerged in Nepal from last few decades. Every day we encounter tragic news about them. But most of the cases are unreported. Many families are losing contact with their sole breadwinners. One of the stories is about Kalu Gurung. His story tells us how a migrant worker landed in hospital bed forever, one who went abroad with a dream of a better life. Kalu Gurung always wanted a secure future for his family. He was born and grown up in Saurpaani village of Gorkha district. With five daughters and four sons, it was difficult for him to sustain his family by subsistence farming. So, like others, he also opted for foreign employment. He first went to Dubai in the year His eldest son Birbal Gurung rarely remembers his father being at home. (Birbal is 22 years old now.) Gurung s wife says that her husband had a good time in Dubai. He was succeeding to save money and send home regular. He wanted to see all of his children educated and successful, she further says. Kalu returned home after three years. Once he was back, he was already looking for work in Gulf countries. He stayed only for two years with his family before leaving to Qatar. The government of Nepal s Department of Foreign Employment s (DoFE) record shows that he managed to go to Qatar through the individual process. Contrary of that his family says Gurung went Qatar through Reliance Manpower Company. Kalu landed in Qatar on July 18, But things didn t work out as expected. He encountered a terrible accident just after four months of his arrival to Qatar. The details of the accident are still unknown to Kalu s family. But, as per the information collected by friends, he was hit by a Company s car. Kalu was rushed to Hamad General Hospital on August His GCS (a scale that measures the consciousness of patients) was very low. Rumailah Hospital Discharge Summary results showed a possibility of brain

10 9 damage. For few days he was kept on a ventilator and later transferred to a long term care facility. The news of Kalu s accident reached the family almost only after four years of the accident. The family members tried several attempts to bring him back to home. But the Agent told them to pay NPR 700,000 (USD 7000) if they want Kalu back. As Kalu was a sole bread winner of the family and it was not possible to collect such a huge amount, which is why the family postponed his return. For five years, Kalu was in an unconscious stage in the hospital while his family struggled to arrange money to bring him back. Gorkha Sewa Samaj, Qatar-based organization working for the rights of Nepalese migrant workers supported in this situation. They contacted the family and looked after the legal and financial process to make final arrangements to send Kalu home with a medical escort team. Kalu s family members were at the airport on June 28, 2016, to receive him. Their wait was finally over. Kalu s wife was waiting for him in Global Hospital, Gwarko. At that moment she was happy because her husband finally returned to home but she was equally disappointed to receive him in such a difficult state. Kalu s case was an exception because comatose migrant workers are rarely sent back home. On the same day, another migrant worker, Hari Bahadur Basnet of Surkhet was also brought back to Nepal. He had been admitted to Hamad Hospital on June 24, According to Nepal Embassy in Qatar, six coma patients were needed to be sent back to Nepal immediately while two other coma patients also requiring appropriate procedure to return home. In Hamad Hospital alone, there are 13 Nepali migrant workers, who are undergoing long term treatment.

11 10 Kalu Gurung s family has received five lakhs seventy thousand rupees (Approx. USD 5,321) from Hamad Hospital for his treatment. He was then admitted to Global Hospital on June 28, Full recovery was not possible, so, the family decided to take Kalu back to his hometown, after five days. His home is in a remote village of Gorkha, where he couldn t get proper medical attention and he died in August After Kalu s accident in August 2011, the money stopped coming from him. His eldest son Birbal had the compulsion to drop out of school after seventh grade. Birbal s younger siblings didn t complete their secondary school education. Two of his sisters are now married while others are restricted to household chores. The compensation amount of USD 5,321 was not sufficient to cover the loan amount that the family had taken on high-interest rate. The family is still struggling to pay back the loan. There is a very little possibility of getting compensation. CMIR is looking on possible areas to support Kalu Gurung s family to receive financial support.

12 11 Media coverage: