Submit your Article

In March 2019, Nepal and Japan signed a memorandum of cooperation on sending Nepali workers to Japan under the government-to-government modality. Under the deal, specified skilled workers (SSW) from Nepal would get hired in various job sectors of Japan, ranging from nursing care to manufacturing to hospitality.

But the agreement, signed by then officiating labor secretary Ram Prasad Ghimire and former Japanese ambassador Masamichi Saigo, did not make any progress of note. It took more than a year for Japan to announce 60 job openings for caregivers. Thousands of Nepali youths who had taken up Japanese language classes, one of the prerequisites for employment in Japan, were left disappointed. They had paid thousands of rupees to private institutes to learn to read and write Japanese. 

Meanwhile, educational consultancies, the so-called training centers, and foreign job employment agencies (or manpowers as they are called in Nepal) started making claims that they offer the relevant skill and language training to send workers to Japan. It was the start of the government-to-government (G2G) labor agreement getting hijacked by unscrupulous manpowers.

Now it appears that their plan has come to fruition. The Ministry of Labor, Employment and Social Security recently came up with a new work procedure allowing manpowers to send workers to Japan. The document states that the work procedure has been introduced to make the process of sending workers to Japan more transparent, fast, and systematic. The government has essentially thrown out the G2G agreement signed with Japan and brought in privately-run manpowers. 

The government’s move also goes against the notion that G2G labor agreements could be far more transparent, safe and cost-effective for laborers. After all, Nepal has adopted South Korea’s Employment Permit System as part of the G2G deal to send Nepali workers to South Korea. 

Remittance sent by foreign job holders is a key driver of Nepal’s economy. So naturally, there are hundreds manpowers in the country. The largest share of their business comes from supplying unskilled labor forces primarily to Malaysia and the six states of the Gulf Cooperation Council, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Exploitation of Nepali workers at the hands of manpowers at home and employers in these labor destinations is no secret. It is also not unheard of that many foreign employment agencies enjoy political protection, allowing them to operate in such a manner that they make the maximum profit without a care for the safety, welfare, and rights of the workers.    

Under the new work procedure, Nepali organizations or companies which meet the standards of the SSW system and have taken permission from the ministry will be eligible to send Nepali workers to Japan. Such organizations can facilitate all the process, from conducting language and skill tests examination to sending workers to Japan.  

The document also states that the companies willing to send Nepali workers to Japan should have their training center and there should be at least two language instructors who have official certificates related to Japanese language. They  should also forge an agreement with the Registered Support Organization (RSP) of Japan which is responsible for handling specified skilled workers from foreign countries. 

RSP cannot take any fees from Nepali workers and companies. The companies  providing employment in Japan can come to Nepal to conduct the language and other tests, but there should be a prior agreement with concerned agencies.

The companies that want to take Nepali workers must issue a vacancy issuing all the details such as position, numbers and the working areas. Similarly, it should be clearly stated about the details of work, security and possible health risks it entails. The issues such as provision of social security, allowances, salary, recruitment process among others should be made transparent. 

However, there are several concerns and gaps regarding the government’s decision to hand over the responsibility of sending workers to Japan. The major one is that of transparency.  According to the ministry, those organizations who take the responsibility of sending workers should maintain a transparent way of selecting workers on merit-basis and that the ministry will oversee all the process.

This leaves a lot of wiggle room for manpowers to dictate their conduct. 

Nepali workers are going to Japan under various provisions. Even those who go under the student visas work part-time jobs there. According to the Kyodo news agency, there has been a dramatic increase in the number of people from Nepal working in Japan over the past decade, owing in part to labor shortages in the service industry caused by Japan’s aging society. 

Many in the Nepali labor force, which had surged 13-fold to 120,000 nationwide in 2022, work as rafting guides, hotel employees, airport staff and other behind-the scenes workers in bustling holiday destinations. 

According to Japan’s Ministry of Health, Labor and Welfare, Nepalis were set to become the fifth largest group of foreign workers in 2022.

The 13th World Trade Organization (WTO) Ministerial Conference kicked off in Abu Dhabi, UAE, with a focus on the smooth transition for Least Developed Countries (LDCs) as they graduate. The LDCs, represented by the WTO’s LDG Group, are voicing their shared concerns, with 15 out of 45 countries currently navigating the graduation process.

Leading the Nepali delegation is Minister for Industry, Commerce, and Supplies Ramesh Rijal. 

During the four-day conference, WTO members will be seeking to secure “deliverables” during their four-day meeting in areas such as fisheries subsidies, agriculture, WTO reform, development, e-commerce, services and investment facilitation. Also on the ministers’ agenda will be how to make progress in their discussions on gender and the environment.

In his welcoming speech to the Conference,  Dr Thani bin Ahmed Al Zeyoudi, Minister of State for Foreign Trade of the United Arab Emirates (UAE) and MC13 Chair, stressed the historically important role the WTO has played to provide “stability, transparency and predictability for international trade,” contributing to “raising living standards, improving employment opportunities and enabling the expansion of trade in goods and services” around the world.

WTO Director-General Ngozi Okonjo-Iweala urged members to show leadership, flexibility and compromise to deliver important outcomes at MC13 for people and the planet. “Success is changing the tone about the WTO, both outside and within it. We will always have our naysayers and detractors but there is no doubt that members have shown that we can deliver when members roll up their sleeves and muster the requisite political will. During the last several weeks, the atmosphere in our preparatory discussions in Geneva has been more constructive and conducive than it was in the run-up to MC12,” she said.

In Oct 2023, WTO members reached a significant milestone with the adoption of a General Council decision on the market access element of the LDC’s proposal. This decision encourages preference-granting members to provide a smooth and sustainable period for the withdrawal of duty-free market access opportunities once countries graduate from LDC status.

Nepal qualified to graduate from the LDC category in 2021 and it is set to graduate in 2026. But the country still faces numerous challenges. The issue of LDC graduation remains a key foreign policy agenda item, with Nepal urging larger countries to continue providing trade privileges for a few years post-graduation. In turn, these larger countries are seeking Nepal’s LDC graduation strategy as soon as possible. 

While graduation is a significant development achievement, it also presents challenges, particularly the loss of preferential access to other countries’ markets, which could hinder integration into the global economy. Currently, LDCs receive special treatment from the international community, particularly in trade and development cooperation, known as international support measures.

That is why, according to the WTO secretariat, LDC Group has been discussing with other WTO members the issue of special and differential treatment in the sub-committee on LDC, with the aim of potentially reaching consensus at the ongoing conference. For an LDC like Nepal, special measures are necessary to prevent any loss of economic growth and maintain a current space of development.

Over the past four years, the WTO’s LDC Group has been discussing a smooth transition mechanism to extend LDC-specific preferences and provisions in WTO agreements after graduation. Discussions are also underway in the WTO sub-committee on LDCs’ other requests relating to special and differential treatments.

A WTO member graduates from LDC status when it meets certain socio-economic thresholds set by the United Nations, with the decision made by UN members based on the recommendation of the Committee for Development Policy. Out of the 15 LDCs on the path towards graduation, 10  (Angola, Bangladesh, Cambodia, Djibouti, Lao PDR, Myanmar, Nepal, Senegal, Solomon Islands and Zambia) are WTO members. Three (Comoros, Sao Tomé and Principe, and Timor-Leste) are in the process of negotiating their WTO accession. Ministers formally approved the WTO membership terms of Comoros and Timor- Leste at a special ceremony held at the 13th WTO ministerial conference.The other two graduating LDCs are Kiribati and Tuvalu.

Meanwhile, ministers representing 123 WTO members issued a joint declaration marking the finalization of the Investment Facilitation for Development (IFD), which is expected to contribute to LDC graduation. Vice-Minister of Trade of Chile Claudia Sanhueza highlighted that the agreement demonstrates the WTO’s ability to deliver for global trade and development and address current challenges.  “Once implemented, the IFD agreement is expected to foster significant economic growth in developing and LDC members and extend its benefits to non-participants,” she said. 

LDC countries like Nepal are in dire need of more sustainable investment flows.

Similarly, small economies integration into the international trading system is another major issue for the LDC countries. The draft decision calls for WTO members to address the issue of integrating small economies into the multilateral trading system by looking into issues such as the impact of non-tariff measures on trade costs, the link between trade policies and climate change adaptation, global supply chains, e-commerce and digital ecosystem. The decision on small economies was adopted by the trade ministers at the12th ministerial conference held in Geneva in 2022. 

The WTO meeting which has 166 members is taking place at a time when geopolitical tension is rising, ongoing trade war between US and China, Russia’s invasion of Ukraine and growing trade restrictions across the globe. According to Reuters, the WTO faces a large number of difficult issues  among its 166 members, including reforming its hobbled dispute settlement system, cutting fishing subsidies, resolving disagreements over agriculture subsidies and deciding whether to extend a 25-year-old ban on duties on electronic commerce data transmissions.

Key agendas:

Accessions

Agriculture

Development

E- commerce

Environment

Fisheries subsidies

Investment Facilitation

Ip/ Tripes

Wto reform

LDC graduation

Gurcharan Das’ latest book, a memoir entitled ‘Another Sort of Freedom’ is a compilation of reflections on the author’s own life events, from early childhood till his septuagenarian days. In order to write about his early childhood, he utilizes the diary of his mother. From his mother’s diary, he concludes that he was a difficult child.

The initial part of the book recollects his childhood as a troublemaker, how partition destroyed the lives of Muslim and Hindu people, divided the communities, and created hatred for one another. The partition’s hangover is still vivid to the author as he along with his family had to leave Punjab without any preparations, just with clothes, a few essentials and importantly their own physical bodies. Gurcharan recalls the memory of his junior school days frequently throughout the book, especially that of the stealing of a rich kid’s pencil box and handing it over to a poor Muslim friend Ayan without anybody knowing about it. Later, the blame rests upon Ayan who is punished and the author, despite his interest to save Ayan, keeps silent and becomes a mere spectator. The author regrets this throughout his life for not speaking up the truth and saving his friend.

The author’s life seems to be interesting for readers who find him traveling to many countries frequently. Initially, he gets the opportunity to study high school in the US because his father is a government engineer. Later, the author secures enrollment in Harvard University for an honors degree in philosophy. Instead of taking the path of Doctor of Philosophy, he decides to try his luck in business, starting his career as a sales manager. The journey of his life is written in a linear and vivid fashion. He follows his heart and despite many hurdles in his career, he continues to progress ahead and becomes a manager at a young age. There are many stories of his career, something mid-career professionals can get inspired from.

There are a few connections with Nepal in the book. Donald J, the roommate of the author, who happens to be an avid reader of Nietzsche, leaves a copy of ‘Thus Spake Zarathushra’ to the author when he leaves for a trek to Nepal. Gurcharan falls in love with Nepali woman Bunu whom he encounters at a theater. There are some cultural differences between Nepali and Indian traditions which the author narrates as they were. Though there were mishaps in the wedding ceremony, the author manages to fix them right. The author’s meetings with different people in his life gives him lessons about life to live lightly. The core message Gurcharan preaches is, “Take your work seriously but do not take yourself seriously.” The words like ‘lightness’ and ‘lightly’ are repeated in many instances to emphasize that our being should be light. One should not take oneself too seriously and perhaps due to the same reason, the author follows the heart and takes an early retirement after reaching the top of his corporate career.

The author also shares life incidents when he seems to be pressured by the corporate rat race. Without any remorse, he shares how he had started to speak to himself alone and how he thought depression was taking his life. In such difficult phases, he sought the reference of the ‘Upanishad’ and drew analogy. He says that man’s search for meaning is due to the second Upanishadic bird that is the observer of the first bird, our regular physical body that follows the daily routine. That same second Upanishadic bird questioned the dull routine of the clock following man, without any natural joy. Following the same bird, Gurcharan takes an early retirement from Procter & Gamble as a vice-president in order to become a full-time writer. Though the writing job was a Sisyphean task to him, similar to the business career he was in, he found more freedom and satisfaction in the writing job, which he used to do as a weekend writer, just after graduating from Harvard and joining the business world.

The book is profound and philosophical, allowing readers to draw many comparisons and contrasts between the author and oneself, inspires us to live lightly and follow our natural instincts. Personally, reading ‘Another Sort of Freedom’ took me to the memory lane of reading the ‘Autobiography of a Yogi’.

Autobiography 

https://www.goodreads.com/en/book/show/199623354 

Another Sort of Freedom

Gurcharan Das

Year: 2023

Publisher: Penguin Allen Lane

Pages: 296

Nirmal Kumar Upreti, an advocate and social worker with almost 20 years of experience, believes what Nepal needs right now is more awareness. Through his organization, Forum for Nation Building (FNB), he educates people in remote areas about legal awareness, and legal literacy, and provides free legal counseling to marginalized and vulnerable groups.

Upreti, 40, is doing some impressive work at FNB. He’s taking a synergic approach to addressing issues like human rights, access to justice, foreign employment, sustainable development, migration, and youth concerns. Apart from all that, FNB does a lot of different things too, from quick disaster rescue to legal awareness programs and leading advocacies for good causes. 

Since 2014, his organization has been at the forefront of advocating a ban on nuclear weapons in Nepal, which is indeed a groundbreaking initiative for the country. They’re also associated with Nobel Peace Prize-winning International organizations like ‘International Campaign to Abolish Nuclear Weapons’ (ICAN). Under Upreti’s leadership, FNB has been acknowledged with two significant nominations. They were finalists in the 2017 Justice Prize Competition and also won the 2018 Public Interest Litigation Network (PILnet) Pro Bono Local Impact Award for their voluntary legal awareness work.

Over the past ten years, they’ve personally helped over 48,000 people and reached nearly 26 remote areas in Nepal. Despite Nepal making progress, Upreti still believes not everyone is getting the information they need. That is why he has been to those places, to lend a hand and directly share necessary information. “I like to help people in any way I can. It makes me happy and brightens my day,” he says.

Upreti is also a founder president and currently the patron of the Nepalese Law Students Association (NeLSA), where law students and professionals have come together to start the Community Mobile Legal Clinic Aid project in Nepal. The project aims to assist people in understanding the law better and getting the justice they deserve.

Upreti believes lawyers are ‘social engineers’ and can bring about change and tweak society. 

He hopes students will step up to fulfill their roles in their communities too. The project helps students become socially responsible legal professionals and encourages them to help those in need of legal aid. The project received the UNDP Success Story Award in 2010. But that’s not all. The advocate has been teaming up with the Nepal Bar Association, Bar Council, and various law colleges to get more students involved in the project.

“Through the project, I want to focus on offering free legal services to people in remote places of Nepal,” says Upreti, talking about their work during the earthquake and COVID. “We were quick to respond to disasters and provide supplies, give counseling, and legal aid.” What’s more, international organizations like Nelson Mandela University in South Africa and the Ontario Legal Clinic, in Canada, are now adopting their pioneering project approach. “This has helped us connect with larger donor agencies,” he says.

Upreti talks about the challenges faced by Nepali migrant workers, emphasizing the missed opportunities and their lack of access to essential services. Concerns over this have prompted him to speak out on the matter, focusing on how fundamental rights are being violated. He also collaborates with other networks to try to provide legal support to migrant workers.

He is also on the board of the National Network for Safe Migration (NNSM), which is the umbrella body for all the organizations responsible for migration-related issues. He says his three-year experience working in the Foreign Employment Board under the Ministry of Labor, Employment, and Social Security has provided him insight into the matter. During his time there, he helped rescue injured and scammed workers from various countries.

His efforts in advocating for youth policy in 2010 are noteworthy. Before then, youth matters were only dealt with by a small section under the Ministry of Education. Upreti wasn’t happy with how things were so he, along with some youth groups, took out protests and presented a memorandum, asking for a separate policy and ministry for youth. Their actions led to the formulation of youth policy laws and even a new ministry, which also contributed to achieving the Millennium Development Goals at that time.

He’s been speaking up against age discrimination as he believes it’s wrong for people to be judged by their age. “It goes against fundamental rights because capabilities and needs can’t be determined solely by age,” he says. He finds it unfair that members of the national assembly and other higher government posts must be at least 35 years old. This, he says, is a huge disadvantage for Nepal’s youth population. 

Apart from that, he’s also actively involved in sustainable development initiatives including gender-responsive programs, promoting women’s participation, engaging in policy discussions, creating laws, and gathering community feedback.

Upreti believes Nepal is committed to universal human rights standards but struggles to implement them fully. He says just having laws in place isn’t enough. We need clear procedures and policies while monitoring inclusivity. He pledges to do his part in enhancing social welfare through mobile clinics, policy dialogues, and legal initiatives.