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Migrant Workers' Access to Justice at Home: Nepal

 
The second study in the series on countries of origin, this report focuses on Nepal, the country with the highest per capita rate of labor migration in Asia. Based on a two-year empirical study, this report provides the first comprehensive analysis of the Nepali mechanisms that regulate labor migration, and provide redress to migrant workers who experience harms during recruitment and throughout the migration process. The study finds that despite Nepal’s efforts to protect migrant workers, it is generally failing to hold private recruitment companies and agents accountable, and the vast majority of migrant workers are unable to access justice in Nepal or abroad.

The report reveals that, with some notable exceptions, the law that governs recruitment and placement of Nepali migrant workers is relatively robust, but its implementation and enforcement is weak. The report examines in detail each of the mechanisms that Nepal has established to enable workers to access compensation and other forms of justice when their rights are violated, and makes findings on the governance, operation, and effectiveness of each mechanism. The report also provides detailed recommendations for improvement, many of which could be implemented in the short to medium term.

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