Labor Agent’s False Promises Costly for Nepal Worker

Labor Agent’s False Promises Costly for Nepal Worker

Eight years ago, Rubina Lama moved to Kathmandu from her nearby village and started working as a cook in a student hostel. One day, flipping the national daily newspaper Rubina came across an advertisement for a “golden opportunity in Japan.” Instantly, she knew she should grab this opportunity.

The next day, she visited the labor recruiting agency providing the chance to work in the Japanese garment industry. The agent assured her that there would be no fees as long as she began language and tailoring training. For Rubina, there was nothing more to ask. She immediately started classes, joining some three dozen other trainees, almost all under the age of 30.

It never occurred to her that the agent might ask for money in near future. Two weeks into the training, the agent asked her for 40,000 rupees (approximately $400) to cover costs.

A labor broker promised Rubini Lama a job in Japan but seven years later, it never materialized. Credit: Courtesy Rubini Lama

Managing her work as a cook and taking two classes were not easy for Rubina. But nothing could beat her determination, she says. In addition to her coursework, she continued working in the morning and evening at the hostel. Rubina says, “Only after I finished my work late at night at the hostel, did I have time to study and do the homework given in the language training. The girls of the dormitory always used to joke of my determined dream of going to Japan.”

Rubina was very excited as the training went well for the first few months. One day the agent told her, “A Japanese man is going to come soon to observe your tailoring skills and progress.” This information increased her determination. She felt closer to her dream of working and living in Japan. The following day, the agent said that each trainee would have to deposit 600,000 rupees (approximately $6,000) for visa application processing for Japan. He added that for those students who paid the fee quickly, the process would start immediately.” After a week or so, a Japanese man indeed visited the tailoring training classes. Meeting the Japanese observer confirmed that Rubina could not let her Japan dream slip away.

The sum demanded by the agent to process a visa was huge. Rubina confided her dream to her father, who wholeheartedly supported his daughter’s chance at a brighter future in Japan. Her father, however, had no source of income and decided to take a loan out against the only piece of land he owed to secure the fee. Rubina handed the $6,000 to the agent immediately after completing the bank procedure.

Days, months and years passed by after handing over the money. The agent kept saying that the process was moving. Rubina kept believing his assurances. Meanwhile, payment of the monthly interest for the loan was becoming increasingly difficult to pay on time. Around the same period, Lama’s father was diagnosed with cancer. Rubina was mentally and physically exhausted by juggling combined problems—the loan, her father’s worsening health and the stagnant visa process. However, Rubina continued to attend trainings provided by the agent.

Two years passed, the visa application still in process, which kept her hopes alive. One day, Rubina says the agent called advising her to quit her cooking job as her visa for Japan was on its way. Trusting him, she gave up her job and went back home to be with her ill father. Another year passed, with no visa. Rubina’s aspirations for Japan were still alive. Five years passed, and lost her father.

Completely broken inside and with empty hands, Rubina decided to return Kathmandu—still nurturing her spirit and determination to work in Japan. She started calling and calling the agent. One day, he answered her call, again reassuring her that the visa application process was continuing. He told her to trust him, and because of her dream, she did.

For survival, she started working as a day laborer. A month later, she found a job in a household as a domestic worker. Suddenly the agent called again and said he needed 150,000 rupees (approximately $1,500) to finalize the visa. Rubina provided him with the hard-earned cash she had earned over the previous two years—and then he disappeared. Now, seven years after trying to get to Japan on her own, she learned it generally takes a week for the embassy to process visa applications. She could not believe she had trusted a liar agent over six years.

Rubina had to move on. She took a job as a domestic worker and made plans to start a business, until the 2015 earthquake shattered that dream. Still, she says she is fortunate that she was able to fulfil her dream, at least in part. Today, after paying 400,000 rupees (approximately $4,000) to another labor recruiter, Rubina is working outside of Nepal—in Turkey as a domestic worker. She received a visa and, in 2017, left her country and began working for an affectionate family of three.

Krishma Sharma is a Solidarity Center program officer in Nepal.

Abused as Domestic Worker in Saudi Arabia, Fauzia Muthoni Now Aids Women in Kenya

Abused as Domestic Worker in Saudi Arabia, Fauzia Muthoni Now Aids Women in Kenya

Struggling to support her family, Fauzia Muthoni left her home outside Nairobi, Kenya for Qatar, where a labor broker promised her work as a receptionist.

Instead, she was taken to Saudi Arabia where was forced into domestic work for multiple families and physically abused. Unable to contact her family, she worked for months before finally escaping.

Now back in Kenya, Muthoni works with the KUDHEIHA, a Kenya-based union for domestic workers, educating women on their rights when they seek to migrate for work abroad.

Ensuring Access to Justice for Workers in Forced Labor

Ensuring Access to Justice for Workers in Forced Labor

When Fauzia Muthoni arrived in Qatar from Kenya to work as a receptionist and earn money to support her family, the labor agent traveling with her informed Muthoni the job was in Saudi Arabia and escorted her to another plane. She tried calling her family, but realized her sim card did not work in the region. She asked to speak to the contact she was given by the labor recruiter in Kenya who arranged her job, but was told she could not contact him.

Trapped, she was taken to Saudi Arabia where she was forced to work in the homes of multiple households, cleaning, cooking and taking care of children. She was not allowed to contact her family. Back home in her town outside Nairobi, her mother repeatedly visited the labor broker to find out about her daughter, only to be told to come back the next week.

Muthoni worked for three years, toiling up to 18 hours a day, before finally escaping to a police station and ultimately back to Kenya. She was not paid for any of her work.

“They don’t think of you as a human being, they think of you as a slave to them,” she says.

Muthoni’s experience—repeated in various forms hundreds of thousands of times around the world each year—illustrates the difficulties migrant workers face in accessing justice, including assistance in leaving unsafe working conditions and claiming unpaid wages.

Migrant Workers among 25 Million Trapped in Forced Labor

Migrant workers in 2013 accounted for 150 million of the world’s approximately 232 million international migrants. Most travel for work to countries where they are prohibited from forming unions and so unable to exercise their fundamental rights at work. They are among the 25 million people trapped in forced labor. Human trafficking is a big business, with illegal profits of roughly $150 billion a year.

U.S. National Slavery and Human Trafficking Prevention Month offers a time to amplify their experiences, which often begin when unscrupulous labor brokers prey on residents of communities in extreme poverty, falsely promising good wages and jobs in more wealthy countries like those in the Middle East, Europe and the United States. Many who take jobs abroad through exploitative labor brokers often do not know their rights—and even when they do, have no access to justice.

That’s why the Solidarity Center, which holds trainings around the world for potential migrant workers to ensure they know their rights, is increasingly working to ensure migrants can exercise those rights.

In Bangladesh, where the Solidarity Center is partnering with the Bangladesh Obivashi Mohila Sramik Association (BOMSA) and the WARBE Development Foundation, nearly a dozen migrant workers were recently returned to Bangladesh after reporting abuse on the job in other countries. All reported unfair recruitment practices, long working hours, unfair compensation, and assault. Three received compensation from recruiting agencies and the Bangladesh government. They also received assistance in the form of food and transportation expenses incurred during their trip back to Bangladesh.

Migrant Worker Rights the Same as All Workers

The United Nations is currently considering a Global Compact on Safe, Regular and Orderly Migration, which would be the first such agreement to cover all dimensions of international migration. Regulating labor brokers and ensuring access to justice are part of the broader spectrum of human and worker rights migrant workers must be guaranteed in the agreement, says Neha Misra, Solidarity Center Migration and Human Trafficking senior specialist.

“We cannot promote the contributions of migrant workers as stakeholders in sustainable development without providing them with options for fair migration,” she says. “This means migrant workers – regardless of status, sector, visa type, nationality or gender —must be treated equal to all other workers. We must develop cross-border mechanisms to allow migrant workers to access justice, remedies and compensation when unscrupulous employers steal their wages, or they are injured on the job, or they are trafficked or face gender-based violence in the workplace. This would go far in mitigating the inherent risks in migration, advancing equality in the workplace and promoting fair and sustainable development.”

Back in Kenya, Muthoni works with the Kenya Union of Domestic, Hotel, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA), educating women on their rights when they seek to migrate for work abroad.

Says Muthoni: “I need to share my experience with people who want to go so they can know” their rights.

Frito Lay Workers Wage 9-Year Struggle for Union in Dominican Republic

Frito Lay Workers Wage 9-Year Struggle for Union in Dominican Republic

Ramon Alexander Mosquea Rosario, a union leader at Frito Lay/Pepsico worksites in the Dominican Republic, helped form the National Union of Workers of Dominican Frito Lay (SINTRALAYDO), despite nine years of employer harassment, firings and retaliation.

He encourages other workers to never give up their struggle.

‘Never Give up the Struggle’ for Worker Rights

‘Never Give up the Struggle’ for Worker Rights

Ramon Alexander Mosquea Rosario, a union leader at Frito Lay/Pepsico worksites in the Dominican Republic, helped form the National Union of Workers of Dominican Frito Lay (SINTRALAYDO), despite nine years of employer harassment, firings and retaliation. He encourages other workers to never give up their struggle.

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