Migration Policies in Nepal

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Christiana Goodwin
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1 Migration Policies in Nepal Amrita Limbu Centre for the Study of Labour and Mobility Kathmandu November 7, 2011

2 Contents 1. Labour Migration as a Government Policy in Nepal 2. National Policies/Instruments Guiding Nepal s Labour Migration 3. Mj Major International lconventions Guiding Nepal s Labour Migration 4. Major Migration Related International Conventions Not Ratified By Nepal 5. Conclusion

3 Labour Migration as a Government Policy in Nepal Foreign Labour Migration an important economic activity ii Labour migration as government policy is fairly recent, 1985 Foreign Employment tat(2042) Act Context Globalization, Oil Boom in the Gulf, multi party politics in Nepal and increasing labour force First Amendment 1992 (2049) Second damendment t1998 (2054) Third Amendment 2007 (2064)

4 National Policies/Instruments Guiding Nepal s Labour Migration Foreign Employment Act 2064 (2007) Focus on rights of migrants and promotion of foreign employment Priority/Reservations : for women, Dalit, indigenous, victims of natural calamities and remote areas Prohibition ongender discrimination for foreign employment Orientation training: fixed curriculum and standard of orientation Wages: minimum wage to be fixed, ceiling of service fee and promotional cost Insurance: at least tfive hundred dthousand rupees Foreign Employment Welfare Fund: for social security and welfare of workers Power to make Bilateral Agreements or Treaty Foreign Employment Tribunal: all cases under this Act are state cases Appointment of Labor Attache: information, repatriation, initiate agreements Provision oflabordesk: monitorlegal labourmigration Formation of Board: overall monitoring and implementation of this Act Foreign Employment Rules 2064 (2007)

5 Major International Conventions Guiding Nepal s Labour Migration International Covenant on Economic, Social and Cultural Rights 1991 International Covenant on Civil and Political Rights 1991 Optional Protocol to the International Covenant on Civil and Political Rights 1991 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty 1998 Convention on the Elimination of All Forms of Discrimination Against Women 1991 Convention on the Elimination i i of All Forms of Racial Discriminationi i i 1971 Convention on the Rights of Child 1990 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (a) 2002 ILO Conventions 14 Weekly Rest (Industry) Convention, ILO Conventions 29 Forced Labour Convention, ILO Conventions 98 Right to Organize and Collective Bargaining Convention, ILO Conventions 100 Equal Remuneration Convention, ILO Conventions 105 Abolition of Forced Labour Convention, ILO Conventions 111 Discrimination (Employment and Occupation) Convention, ILO Conventions 131 Minimum Wage Fixing Convention, ILO Conventions 138 Minimum Age Convention, ILO Conventions 144 Tripartite Consultation (International Labour Standards) Convention, ILO Conventions 169 Indigenous and Tribal Peoples Convention, ILO Conventions 182 Worst Forms of Child Labour Convention,

6 Major Migration Related International Conventions Not Ratified By Nepal International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families ILO Convention 97 Migration for Employment Convention (Revised), 1949 ILO Convention 143 Migrant Workers (Supplementary Provisions) Convention, 1975 Both UN and ILO Conventions UN Convention Regulate Migration, eliminate irregularmigration Equality with nationals (employment, remuneration, social security, trade union rights, cultural, religious rights, individual freedoms, taxes and legal) Free information dissemination on safe migration process Applicable to refugees and displaced persons Has provisions for the migrant families (education, children nationality) Diplomatic Protection from country of origin Political participation in the country of origin

7 Conclusion Policies are still inadequate to address the issues of foreign labour migration What about undocumented workers? Ratification of migration conventions Role of Trade Unions The way ahead?

BELIZE INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS ACT CHAPTER 304:01 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

BELIZE INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS ACT CHAPTER 304:01 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011 This is a revised edition of the Substantive Laws, prepared