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Table of Content

About CMIR 2

Background 2

About legal and paralegal support 3

Network Mobilization and coordination 4

Case handle by CMIR 2016 5

Case story 8

Center for Migration and International Relations (CMIR) | www.cmir.org.np

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AAbboouutt CCMMIIRR

BBaacckkggrroouunndd

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.

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


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AAbboouutt LLeeggaall aanndd PPaarraalleeggaall SSuuppppoorrtt

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.

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 wide-

spread 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.


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NNeettwwoorrkk mmoobbiilliizzaattiioonn aanndd ccoooorrddiinnaattiioonn::

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.


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CCaasseess hhaannddlleedd bbyy CCMMIIRR iinn 22001166

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%.


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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.


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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 2016. 7% 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.


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CCaassee SSttoorryy KKaalluu GGuurruunngg

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 1993/94–

2014/15 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 2007. 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, 2011. 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 2011. His GCS (a scale that measures the consciousness of patients) was very

low. Rumailah Hospital Discharge Summary results showed a possibility of brain


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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,

2012. 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.


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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, 2016. 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 2016.

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.


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