Supreme Court Issues Show Cause Order Over Alleged Exploitation of Japan-Bound Nepali Workers

Hamrakura
Published 2025 Jun 25 Wednesday

Kathmandu: The Supreme Court of Nepal has issued a show cause order to the Department of Foreign Employment, Department of Labor, Japanese Embassy in Nepal, and a controversial organization called JAN (JICA Alumni Association Nepal) in response to allegations of systemic exploitation of Nepali workers approved for employment in Japan.

Writ Filed Alleging Long-Term Exploitation
The order follows a writ petition filed by Advocate Khagendra Prasad Chapagain and three other lawyers, alleging that thousands of Nepali workers, who were already deemed qualified for Japan’s Technical Trainee Training Program, were being illegally extorted and prevented from flying under the pretext of additional language exams.

The petition claims that these workers had already met Japan’s legal and technical requirements, including obtaining the Certificate of Eligibility (COE) and visas, but were still forced to undergo another test by an organization not recognized by either the Nepali or Japanese governments.

Supreme Court Seeks Clarification
The apex court issued a 15-day deadline (excluding travel time) for the concerned parties to explain why an order should not be issued as demanded by the petitioner. It also called for a hearing on the request for an interim order, summoning both parties to discuss the matter under prevailing legal procedures.

The Alleged Modus Operandi
According to legal experts, the standard process to work in Japan involves:

-Demand letters sent by Japanese manpower companies,

-Verification by the Nepali Embassy in Tokyo,

-Approval from the Department of Foreign Employment,

-COE issuance by the Japanese Immigration Office, and

-Final visa stamping by the Japanese Embassy in Kathmandu.

However, despite fulfilling these steps, Nepali workers are still being held back by a separate test administered by the JICA Alumni Association, based on directives allegedly issued by the Department of Foreign Employment.

Unlawful Language Tests and Fee Collection
The association has reportedly been conducting language tests for over 15 years, charging Rs. 3,300 per worker. If a worker fails the test — even after receiving a visa — they are barred from departing for Japan.

Legal experts argue that the test certificate issued by JAN is neither legally required nor recognized by any agency other than the Department of Foreign Employment itself.

JAN: Sacred Origins, Controversial Role
The JICA Alumni Association (JAN) was initially formed to foster Nepal–Japan relations, providing cultural guidance and free consultations for Nepali workers going to Japan.

However, critics now claim JAN has been exploiting its influence to conduct unauthorized exams and collect significant fees from workers — turning what was once a support-oriented organization into a controversial gatekeeper of foreign employment.

Department’s Involvement Questioned
While JAN Chairman Dr. Ramchandra Bhusal admitted to conducting tests, he claimed it was done under instruction from the Department of Foreign Employment, citing official letters from departmental staff.

On the other hand, Director General Kamal Prasad Bhattarai distanced himself from the practice, stating that JAN is not a legally recognized body, and that he would need time to study the matter, as he had only recently assumed office.

Massive Financial Implications
According to Dr. Bhusal, 5,445 workers have taken the test from 2011 to mid-2024, leading to revenue collection of at least Rs. 17.968 crore. This figure only includes single test-takers and does not account for repeat exams by failed candidates.

More than 1,000 workers have reportedly taken the test in 2025 alone, further raising concerns about continued malpractice.

Legal and Political Implications
The court’s order has sparked widespread discussions about corruption in foreign employment, lack of regulatory oversight, and the need to protect vulnerable migrant workers.

Advocates have demanded that the Supreme Court intervene to stop the illegal practice, ensure justice for exploited workers, and hold accountable all those involved — including government officials.

The case is expected to have far-reaching consequences for Nepal’s labor migration policy, especially in relation to Japan, one of the country’s most sought-after employment destinations.



New