Challenges in Repatriating Bodies of Nepali Migrants Who Travelled Abroad Illegally
Image source, House of representatives
Santosh Rai, 42, from Dhunibesi in Dhading district, traveled to Cambodia last September in search of foreign employment. After nearly nine months there, news of his death from a heart attack reached Nepal on April 10.
Currently, his body remains stranded at a hospital morgue in Cambodia.
Following Santosh Rai’s death, his wife Junu has been persistently trying to bring his body back to Nepal. She has sought assistance from various government agencies, members of parliament, and local leaders.
“I have never had the chance to see him return alive, but I want to perform his last rites in his homeland,” she said.
Foreign Minister Shisir Khanal, during a House of Representatives session on Tuesday, addressed these incidents, clarifying that the rescue process for Nepalis who travel for work through illegal channels is not straightforward.
“Nepali citizens who go abroad through legal channels are insured with the Department of Foreign Employment, making processes like repatriation and relief assistance simpler. However, the rescue process for those who go via illegal routes is much more complicated,” he explained.
RPP MP Ashika Tamang’s Discontent
Image source, House of Representatives
After Minister Khanal’s response, Ashika Tamang, a member of parliament from Dhading, attempted to speak further but was denied additional time by Speaker D.P. Aryal.
MP Ashika Tamang expressed dissatisfaction with the minister’s comments during the parliamentary session and walked out in frustration.
The issue of rescuing Nepalis stranded after going abroad illegally has already sparked extensive debate from various perspectives.
“Whether knowingly or unknowingly, caught in the brokers’ trap or by other means, Santosh Rai reached there. I never encouraged illegal migration,” MP Tamang said.
“However, they are laborers seeking to support their families and educate their children. They are Nepalis, after all!”
Legal Obstacles
Nepal does not have a labor agreement with Cambodia. Officials say complications arise because Ashok Rai traveled there without official labor approval.
The state’s responsibility towards Nepalis who go abroad illegally and subsequently run into trouble is a longstanding issue.
The government has put various arrangements in place to assist Nepali workers who obtain labor permits and travel legally abroad.
However, legal and procedural complexities arise regarding those who use illegal means. Officials from the Ministry of Foreign Affairs are said to be involved in resolving these challenges.
“As incidents of illegal foreign travel and deaths increased, the Ministry of Foreign Affairs requested budget allocation from the Ministry of Finance for managing bodies and repatriation. Fifteen crore Nepalese rupees have been allocated in the current budget,” said Lok Bahadur Paudel Kshetri, spokesperson for the Ministry of Foreign Affairs.
“However, since it involves expenditure, the procedural guidelines we prepared must be approved by the Ministry of Finance. It has been five or six days since we sent the guidelines.”
During Tuesday’s session, MP Ashika Tamang expressed anger at the delay in addressing these complexities.
“What the minister said in parliament is nothing new; we have heard this from old political parties and leaders too,” she said. “We cannot say that the law is an obstacle at the policy formation level; if insufficient, we will draft new laws.”
If Nepalis who went abroad illegally die there, the repatriation procedures become even more complicated and costly.
In some cases, non-resident Nepalis have collected donations to send bodies back home, but in the absence of adequate support, sometimes bodies must be managed locally.
Moral Questions
Officials have long interpreted the repatriation and rescue of Nepalis stranded abroad in illegal circumstances, funded by the state treasury, as a policy and moral dilemma.
Minister Khanal hinted at this perspective during Tuesday’s parliamentary session.
He explained that although the government is not unwilling to conduct rescues, serious policy questions arise in such cases, making decisions difficult.
“Even some developed countries do not appear to use taxpayers’ money for rescuing citizens who traveled illegally or at their own expense,” he urged MPs to consider this situation.
“We are facing a major ‘moral hazard of policy.’ The fund (NRs 150 million) has arrived, but serious thought is needed about where, how, and whether it should be used,” said Minister Khanal.
“The government has dual responsibilities – the protection of its citizens and the proper use of taxpayers’ money. If the government acts beyond its mandate, should we use that fund for their rescue or not?” he added.
Labor expert Meena Paudel agrees that Minister Khanal’s reasoning is appropriate from a policy standpoint.
“This is a human trafficking issue. Those individuals (such as Santosh Rai) violated the policies of both Nepal and the destination country. The state cannot do much, and taxpayer and remittance funds should not be misused,” she stated.
“However, this does not mean the state has no responsibility towards citizens. Humanitarian assistance funds can provide support in such situations.”
“Those who go abroad illegally must be penalized while still alive,” she added.
Junu Rai says that regardless of the process by which her husband went abroad, as a Nepali citizen, she expects assistance from the government.
“I am receiving some help from other supporters, and if the government does not assist, I have plans to manage on my own,” she said.
Nepalis Stranded Abroad
To date, the government has not confirmed other cases of Nepalis dying abroad or bodies remaining stranded after illegal migration, though some remain stranded due to illness or other reasons.
According to Bhupendra Sapkota, Director of the Foreign Employment Board, workers who travel without labor approval occasionally face such situations, but these do not fall under the board’s jurisdiction.
“Currently, about 25 workers who travelled illegally abroad are ill, and around 20-22 are stranded due to other reasons,” he noted.
For cases outside its jurisdiction, the board collects requests from families and forwards them to the Nepalese diplomatic missions or relevant authorities abroad, Sapkota explained.
“In such cases, we only coordinate.”
“In the last fiscal year, 1,325 Nepali workers died, and 950 returned due to illness. We work on cases involving labor approval,” he added.
“If an employee becomes ill or loses a job within three months of going abroad, the employer bears institutional responsibility to send them home with a ticket. If problems arise during work, the employer is responsible; if rescue is needed after the labor permit expires, the board has responsibility.”