Kathmandu: A study conducted by the Pravasi Nepali Coordination Committee (PNCC) and the Centre for the Study of Labour and Mobility (CESLAM) has revealed that a significant number of Nepali migrant workers are imprisoned in Malaysia due to a lack of valid documents.

The study titled "Deception, Arrest, and Detention of Nepali Migrant Workers in Malaysia" found that 61% of the total jailed migrants were imprisoned due to documentation issues, followed by 8% for fights with colleagues or employers. Additionally, 3% were jailed for criminal activities such as murder, theft, illegal drug trafficking, gambling, sale of counterfeit alcohol, and kidnapping.

The findings were discussed at a program held in Kathmandu on Sunday. The study, which covered 758 individual cases of imprisonment in Malaysia recorded between 2020 and 2023, utilized a mixed-method approach, including a review of existing policies, data, and publications.

Key findings from the study include:

Migration Methods: Approximately 84% of migrant workers used private recruitment agencies to migrate to Malaysia, while 15% migrated independently with the help of relatives or agents.
Recruitment Fees: Despite a Memorandum of Understanding (MoU) between Nepal and Malaysia in 2018, which obliges employers to pay recruitment fees and related costs, more than 50% of migrants paid between Rs 100,000 and Rs 200,000 in recruitment fees.
Barriers to Justice: 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. Language barriers also hinder their access to justice.

The study has made several recommendations to address these issues:

Implementation of Policies: Implement the 'free-visa, free-ticket' policy and the 'employer pays' principle with robust monitoring. The Nepali government should collaborate with Malaysia to ensure the proper implementation of the 'employer pays' principle as stipulated in the MoU.
Pre-departure Orientation: Include comprehensive counseling on the rules and regulations of the destination country in the pre-departure orientation training for migrant workers.
Skill Training: Provide skill training on soft skills such as communication, the language of the destination country, teamwork, adaptability, patience, negotiation, and cultural awareness.
Psychosocial Support: Provide psychosocial support to returnee migrant workers, addressing their psychosocial counseling needs.
Data Recording System: Establish a comprehensive system for monitoring and recording data on imprisoned Nepali migrant workers to track the number of workers in jail, those returning, and other relevant data to facilitate targeted assistance and policymaking.
The report highlights the urgent need for policy implementation and increased awareness among migrant workers to protect their rights and ensure their safety abroad.