The Department of Immigration in Nepal has been at the centre of widespread criticism since 10 February 2021 over a proposal concerning measures to combat human trafficking. The suggested regulations would require women under the age of 40 to seek permission from their families and local government bodies in order to travel abroad alone on a tourist visa.

The local media reported that the Home Ministry received a proposal from the Immigration Department regarding amendments to the provisions of the Immigration Procedure 2008. In an attempt to fight human trafficking, these provisions indicate that women within the specified age group will not be able to leave the country unless they receive authorisation from their family and the local ward office. They will also need to travel with non-life insurance of at least Rs1.5 million. This authorisation will not be required for women travelling with their spouse or other family members.

DEMANDS FOR WITHDRAWAL

Once the proposal came to light, hundreds of people filled the streets of Kathmandu, demanding its withdrawal. The protesters asserted that these types of regulations only restrict women’s right to free movement and discriminate based on gender and age, with nothing else to offer. As such, these protests are effective in battling the issue.

The government claims that the regulation is based on protecting women and is intended to act in their best interest. It argued that by imposing the measure, the authorities will be in a position to better help women who encounter issues abroad and limit human trafficking. It is not the first time that the Nepalese government has introduced measures of this nature. In 2012, the government approved a ban that restricted women under 30 from travelling and working in Arab Gulf countries. However, the age requirements and the countries listed in the ban have been changed and altered continuously since they came into effect.

Human Rights Watch strongly opposed the move. They highlighted that the government, by depriving women their autonomy instead of effectively regulating recruitment agencies or working with other countries to put protections in place, substitutes one issue with another without taking into consideration women’s fundamental freedoms, such as their constitutional right to equality. According to a spokesperson of the Immigration Department, the Home Ministry is currently reviewing the proposal and a decision will be made within the next few days.

THE END OF VIOLENCE AND DISCRIMINATION

 The proposal is not the only reason why people have been rallying in the streets of the Nepalese capital since February. Bhagirathi Bhatta, a 17-year-old student, went missing on 3 February 2021 and was found the next day, raped and murdered. The police were unable to share any developments in the case until 17 February. Women’s rights supporters declared their contempt for the handling of the case, demanding the end of violence against women and discrimination. Although, this proposed regulation seems a step in the wrong direction. 

Eugenia is an aspiring solicitor, currently completing the Legal Practice Course at the University of Law. Prior to this, Eugenia worked as a Senior Immigration Advisor at one of the Big Four accounting firms and as a Paralegal for a leading immigration law firm. She has volunteered for a number of human-rights organisations and her future goal is to complete a Masters in Human rights and qualify as a solicitor in the UK.

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