Supreme Court Probes JAN’s Unauthorized Role in Blocking Nepali Workers’ Japan Employment Process
Hamrakura
Published 2025 Jun 26 Thursday
Kathmandu: The Supreme Court of Nepal has issued a show cause order to three key government bodies and a private organization over allegations of unauthorized and illegal practices obstructing Nepali workers from going to Japan under the Technical Internship Training Program (TITP).
The writ petition, filed by four advocates on behalf of the Consumer Interest Protection Forum, accuses the Office of the Prime Minister and Council of Ministers, the Ministry of Labor and Social Security, the Department of Foreign Employment, and the JICA Alumni Association Nepal (JAN) of colluding to extort money and restrict workers’ movement despite their legal eligibility for Japanese employment.
Allegations of Fraud and Illegal Testing
The petition claims that an unrecognized entity—JICA Alumni Association Nepal (JAN)—has been set up as a mandatory gatekeeper for Nepali workers who already hold a Certificate of Eligibility (COE) from Japan. A COE is an official document issued by Japan’s Immigration Office, certifying that the applicant has met all necessary legal and technical standards to receive a Japanese work visa.
Despite meeting all criteria and obtaining the COE, Nepali workers are being forced to take additional language tests from JAN, which charges Rs. 3,300 per person. The tests are not required by the Japanese government, employers, or the Japanese Embassy, yet failing them leads to denial of work permits in Nepal.
The petitioners argue that this practice is both legally baseless and exploitative, violating the right to foreign employment, freedom of movement, and constitutional rights.
Details of the Case and Court’s Response
The case was filed by Advocates Khagendra Prasad Chapagain, Hasina Pradhan, Bishal Thapa, and Uma Poudel, and named JAN and three government institutions as defendants. The court responded swiftly, issuing a show cause order and asking the accused parties to explain why the court should not issue the order demanded by the petitioners.
The court also ordered a hearing to be held regarding the request for an interim order, summoning both parties to present arguments.
Voices of Victims and Legal Advocates
Advocate Chapagain, one of the key petitioners, said,
"This is an organized fraud under the shadow of government departments. Thousands of Nepalis are being forced to pay illegal fees and subjected to mental stress despite holding legal visas."
A COE holder interviewed during the proceedings added:
"Once Japan has approved us, who is JAN to stop us? This is nothing but mental and financial harassment."
JAN’s Controversial Role and Government Complicity
Though JAN describes itself as a nonprofit promoting Japan-Nepal relations, the organization has been acting as a mandatory gatekeeper in the employment process for over a decade. It conducts language tests without any legal recognition under Nepali or Japanese law.
Advocates claim that JAN was informally endorsed by officials in the Department of Foreign Employment, making it a de facto authority for issuing clearance certificates—an unauthorized role that has led to the extraction of millions of rupees from Nepali workers.
Call for Transparency and Accountability
Stakeholders have demanded that the entire process be reviewed and overhauled, making it transparent, fair, and free of unnecessary intermediaries. They insist that government bodies must ensure free access to legitimate employment opportunities and not allow unauthorized entities to profit at the expense of Nepali workers.
The Supreme Court’s decision to intervene is being seen as a positive step toward accountability. The next court hearing is expected to push for deeper scrutiny into how an unrecognized body was allowed to operate in such a critical and sensitive part of the foreign employment process for more than a decade.