Visit visa issue: need for an integrated immigration policy

Extorting money from people who are wandering unemployed by giving them misleading dreams, misleading people's psychology and making them agree to the setting and cutting the borders by defrauding the state's policy framework is human trafficking.

Jestha 24, 2082

meena paudel

Visit visa issue: need for an integrated immigration policy

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It is well known that this incident happened in the direct setting of home and labor and indirect setting of foreign affairs by misusing the provision of visit visa. The latest series of human trafficking and trafficking carried out under political patronage has not only shocked the society, but has disrupted the parliamentary process for weeks.

It has become a topic of discussion in public transport, tea shops, Chautara, bus stops and even in households. The visit visa case was under political patronage for decades. 

This criminal activity linked to corruption within the labor governance is not new in the dimension of Nepal's foreign employment . However, it is true that the latest episode shocked Nepali society more than the previous episode. In this case, the fake Bhutanese refugee case, which may not have been resolved but has been slightly overshadowed from a political point of view, may be fresh in the minds of the public .

What is the visit visa case?

Mandatory provisions for the approval of foreign visits are visit visas, especially for tourist visits, family visits or certain events organized by an organization, entertainment, medical treatment, business meetings, visits to a third country. It is a visa provision that is arranged for the transit time during the trip or for a short period of time when you have to go to a third country from another country because the visa process of a country is not in your country. 

This is strictly aimed at the unemployed . But when this type of visa is used for employment with false information, wrong intention and fraudulent purpose, then it is considered to be misused . Such abuse is not something that small networks and groups can do . Because its volume is not limited only within national boundaries . Therefore, it is not a crime that can be committed by a person, group, entity.

If the visa provision fixed for one purpose is misused for another purpose, then its criminal border is of international character and is automatically linked to foreign affairs . There is no reason not to connect with labor matters because of the fraud in the name of employment .

The visit visa case that has surfaced now is a similar criminal activity of an international character and its abuse has been done within the scope of foreign employment . On top of that, false information has been given to the workers and extortion has been done in confusion, which are different but intertwined dimensions of immigration such as human trafficking and smuggling. Extorting money from people who are wandering unemployed by giving them misleading dreams, confusing people's psychology and making them agree to the setting, and cutting the borders by deceiving the state's policy framework is human trafficking. A psychological and social environment has been prepared from home to the destination where people cannot escape from fear, threats, greed and the lure of false dreams after the false assurances of the nature of labor, money recovery. On the other hand, taking them from here and selling them to criminal networks or gangs is the dimension of human trafficking. According to the definition of the United Nations, human trafficking is a heinous crime against the state, while human trafficking is a heinous crime against the person being sold, a serious violation of his human rights. 

We have to understand cases of this nature that have been going on for decades along with its complexity. Because, it is not by simple, simple way and method. Both of these criminal activities are being controlled by the smuggling network up to the domestic network of the people who have left home for labor migration, that is, up to the domestic border. After reaching the destination, the setting of the sale is taken over by the network. Human smuggling and trafficking, which has come to the surface by abusing the provisions of the visit visa, is one of the dimensions of immigration, because it is a case of foreign employment. The negative dimension within complex and massive migration is .

Abuse of visit visas by immigration brokers (including training, health institutions, travel agents), state agencies (including labor, immigration, foreign/embassy settings) and trafficking and smuggling within the foreign employment business Characteristic complexity is another area we need to understand . The trafficking and smuggling network that flourished under the umbrella of labor migration, made an unemployed person suck sugarcane juice, economically, socio-culturally, psychologically and in the case of some women, even sexually exploited. is delivered, from which he cannot easily escape . If they want to escape by many means, the employer of that worker informs the related broker and the broker will take it elsewhere and sell it again. 

This is confirmed by the experiences of laborers who are found in the streets of the labor market in the Gulf of West Asia and Malaysia. However, this situation is only one aspect of the visit visa, which appears to be gendered. Most of the women workers are sold into such complex labors including domestic labor and sexual labor. This is confirmed by the supportive network of workers at the destination and the feeling of having returned to Zhenten. What we need to understand is that most of the labor markets where low-income unemployed Nepalese and South Asian workers like them are accessed are dominated by gangs of brokers rather than honest employers. Because, as in the labor market of Europe and America, in the West Asian labor market, the coordination of employment centers and human resource networks that recruit and distribute migrant workers is increasing. 

As in the case of domestic foreign employment professionals, brokering happens within the private human resource companies of the destination countries, which support such smuggling and trafficking crimes . The difference is that, in Western countries, the government apparatus is relatively sharp and alert, so monitoring and dealing with criminal activities are done to some extent . If fully addressed, migrant workers would not be sold in destination labor markets that are said to be more advanced than Asian labor markets, including Europe, the US, Canada, Romania, Portugal and Australia. But in the Asian and South Asian labor markets, the monitoring of the state is not only weak, it is almost non-existent, so the mechanisms of the state are taken over by brokers of a criminal nature and invested for political protection . It does not matter that the visit visa case is a recent example of this . 

Can't address criminal activity?

The human smuggling and trafficking network by misusing visit visas is as complicated as this question is. The policy blueprint we have has countless loopholes . There is no integrated policy blueprint for managing immigration in a country like Nepal, which runs on the basis of immigration. The Foreign Employment Act, 2064 is business-friendly, not labor-friendly, the labor market that has changed/changed over time is even less friendly. On the other hand, the Human Trafficking Control Act, 2064 conforms to the half-century-old European colonial blueprint. Where the definition of human trafficking is wrong, which puts people at greater risk. And another, part that we have always overlooked is that our foreign policy is not even more labor friendly. There is no smell of labor diplomacy. Yet another emerging policy point is that Nepal has not yet ratified the United Nations Convention on Migration and Human Trafficking within Migration. Nepal, which is in a geopolitical crisis, does not seem to have the intention and capacity to ratify it immediately.  Domestic frameworks with

s are also irrelevant, inadequate, inadequate, narrow and unfriendly to workers, while there is no consensus on international frameworks to deal with crimes related to the international labor market such as immigration. And how is the correct handling of such criminal activity? This insignificance is well known to all the smugglers and traffickers who are stationed at the border from the villages to the airport and the southern border, including foreign employment professionals, their brokers, the political and administrative leadership of the relevant ministries. Not only that, their partner networks in the destination country also know - where and when, for what and how to abuse the hole. 

What should we understand when talking about the network of brokers in the destination is that some of our embassies and non-resident Nepali (NRNA) in the labor destination are also involved in them, the victimized workers say. This is what I myself found when working in Afghanistan, Libya and other countries through the United Nations Migration Organization, Nepali workers were taken to Tripoli to be sent to Kabul and Italy for employment in Poland. I was . While rescuing them, I also got the involvement of some people from NRNA in that case . These are some examples of those who are abusing various visa provisions and institutionalizing human trafficking and trafficking within the process of immigration.

It is not so difficult to address the lack of these many policy frameworks, if the political leadership starts to set a labor-friendly comprehensive immigration policy framework according to the nature of the labor market without protecting the settings of smugglers and traffickers. For this, first of all, it is important to understand, accept and contemplate the interrelationship of human trafficking and trafficking in the form of migration. Because within a large migration like ours with different dimensions, the dimensions of smuggling and trafficking are deeply connected . But immigration itself is neither smuggling nor trafficking. This is a possibility and opportunity for employment determined by the existing political system. Smuggling and trafficking criminal gangs of smuggling and trafficking have misused the opportunity of mass immigration by using economic, social and political power to criminalize the entire immigration process. 

It is important for political and administrative policy makers to understand this complexity and what is mass migration and especially labor migration for a remittance-fed country like Nepal? Must be defined . Currently we do not have a national definition of immigration . There is an understanding behind the body. For example, for the Ministry of Immigration and Labor, it means counting the heads of workers to see how many went to foreign employment, for the Ministry of Women, it is trafficking, for the Ministry of Home Affairs, if it is smuggling, for the Ministry of Foreign Affairs, it is to identify and verify the bodies of workers, and for the Ministry of Finance, Send for  . It is an economically and politically profitable golden business for political party organizations and foreign employment professionals.

Therefore, due to this understanding challenge, policy makers are reluctant to create a unified immigration law to address criminal activities under the umbrella of complex immigration . And the political and administrative leadership of the ministry makes a 'stunt' to amend the existing law - but the draft with the same old intention creates confusion by adding the same old, irrelevant sections and sentences. This is not a solution to the problem . 

The current need is for all the state agencies and political leaders involved in immigration to define a national definition and set a blueprint for a labor-friendly integrated immigration policy that addresses the criminal dimension that has been trapped in immigration for decades. Such a blueprint, which helps to make migration dignified, safe and orderly while addressing exploitation, harassment, gender and all forms of discrimination against workers, including human traffickers and trafficking in migration . Gives the state a strategic plan for development and prosperity by making proper use of remittances. After learning from the cases that have come to the surface now, Nepali policy makers have got an opportunity to create a policy blueprint for integrated immigration management to prevent such and similar cases from happening again. 

Although this is an opportunity, when smugglers and brokers of trafficking have gained strong access to the sensitive structures of the state, the challenge to create a policy blueprint for integrated immigration seems to be abundant. It is not possible to address these policy challenges without political honesty. Until the current challenges are addressed in a timely manner, criminal character such as misuse of visit visas will remain in foreign employment, workers who want to migrate will continue to be sold, smuggling business will continue to flourish, and the status of the employees of the relevant state agencies will continue to increase. It becomes more institutionalized .

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