KATHMANDU: A significant number of Nepali migrant workers have been imprisoned in Malaysia due to the lack of valid documents, according to a study conducted by two civil society organizations. The study, titled "Deception, Arrest, and Detention of Nepali Migrant Workers in Malaysia," was carried out by the Pravasi Nepali Coordination Committee (PNCC) and the Centre for the Study of Labour and Mobility (CESLAM).
The study revealed that 61 percent of the imprisoned migrants were detained due to documentation issues, followed by conflicts with colleagues or employers (8 percent). Additionally, 3 percent were jailed for criminal activities such as murder, theft, illegal drug trafficking, gambling, the sale of counterfeit alcohol, and kidnapping.
The findings were shared and discussed at a program in Kathmandu on Sunday. The study used a mixed-method approach, including a review of existing policies, data, and publications, and an analysis of 758 individual cases of imprisonment in Malaysia recorded by the Pravasi Nepali Coordination Committee between 2020 and 2023.
It was noted that approximately 84 percent of migrant workers used private recruitment agencies for their migration to Malaysia, while 15 percent migrated independently, often with the help of relatives or agents.
Despite a Memorandum of Understanding (MoU) between the Government of Nepal and the Malaysian government in 2018, which obliges employers to cover recruitment fees and related costs for migrant workers, it was found that migrants still paid hefty recruitment fees. "More than 50 percent paid between Rs 100,000 and Rs 200,000 in recruitment fees," the report stated.
The report highlighted that one of the major barriers preventing Nepali migrant workers from accessing justice is their lack of awareness regarding their rights, legal processes, and available support avenues. "The language barrier also hinders access to justice for imprisoned Nepali migrant workers," it added.
The study recommended implementing the 'free-visa, free-ticket' policy and the 'employer pays' principle with robust monitoring. "The Government of Nepal should collaborate with Malaysia to ensure proper implementation of the 'employer pays' principle as stipulated in the MoU between the two countries," it suggested.
Furthermore, the report proposed that pre-departure orientation training for Nepali migrant workers should include comprehensive counseling on the rules and regulations of the destination country. It also mentioned that skill training on soft skills such as communication, language proficiency of the destination countries, teamwork, adaptability, patience, negotiation, and cultural awareness should be provided to migrant workers before their departure.
Other recommendations included providing psychosocial support to returnee migrant workers who were imprisoned and establishing a comprehensive system for recording data on imprisoned Nepali migrant workers. "It is crucial to establish a comprehensive system for monitoring and recording data on imprisoned migrant workers to track the number of workers in jail, those returning, and other relevant data to facilitate targeted assistance and policymaking," the report stated.
