OIM - Migration Governance Indicators Second Profile 2024 Nepal (2025)

MIGRATION

GOVERNANCE INDICATORS NEPAL | SECOND PROFILE 2024The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the report do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. While efforts have been taken to verify the accuracy of this information, neither Economist Impact nor its affiliates can accept any responsibility or liability for reliance by any person on this information. _______________ Publisher: International Organization for Migration 17 route des Morillons P.O. Box 17 1211 Geneva 19 Switzerland

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PUB2024/088/ELMIGRATION

GOVERNANCE

INDICATORS NEPAL | SECOND PROFILE 2024CONTENTS OBJECTIVES // iv INTRODUCTION // 1

CONCEPTUAL FRAMEWORK // 4

SUMMARY // 6

CONTEXT // 9

KEY FINDINGS // 13

ANNEX // 29

KEY SOURCES // 31MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// iv Objectives The MGIs aim to help governments, upon request, take stock of their migration policies and strategies to identify good practices and areas with potential for further development. The MGIs open dialogues with governments and other relevant stakeholders to identify priorities on the way forward. With a focus on government ownership of the process, the MGIs offer support at the national and local levels to gradually improve migration management systems. MGI follow-up assessments identify the migration policy developments that have occurred since the countries’ first MGI assessments, thus helping governments track their progress on national priorities as well as commitments taken at the regional and international levels.

OBJECTIVESINTRODUCTIONMIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

2 INTRODUCTION Migration has been part of the human experience throughout history, and we recognize that it is a source of prosperity, innovation and sustainable development in our globalized world, and that these positive impacts can be optimized by improving migration governance.1 The need to maximize the opportunities and to face the challenges that mobility brings has been recognized with the inclusion of migration in the 2030 Agenda for Sustainable Development, and with the adoption

development in our globalized world, and that these positive impacts can be optimized by improving migration governance.1 The need to maximize the opportunities and to face the challenges that mobility brings has been recognized with the inclusion of migration in the 2030 Agenda for Sustainable Development, and with the adoption of the Global Compact for Safe, Orderly and Regular Migration. The incorporation of target 10.7 into the 2030 Agenda created the need to define “planned and well‐managed migration policies”. This is why, in 2015, the International Organization for Migration (IOM) developed the Migration Governance2 Framework (MiGOF). This Framework3 offers a concise view of an ideal approach that allows a State to determine what it might need to govern migration well and in a way that suits its circumstances. That same year, IOM in collaboration with Economist Impact developed the Migration Governance Indicators (MGIs), a standard set of almost 100 indicators that help States assess the comprehensiveness of their migration governance structures. The indicators constitute a starting point to engage governments in a consultative process that allows them to identify areas that are well developed and others that would benefit from further development, and most importantly priorities that are in line with the specific challenges and opportunities that a given country is facing. The MGIs are characterized by three main fundamental attributes:

1. The MGI process is a voluntary exercise: The MGIs are conducted in countries that have requested to be part of the process.

2. The MGIs are sensitive to national specificities : The MGIs recognize the different challenges and opportunities of each context, and therefore, do not propose a one-size-fits-all solution, but rather aim to spark a discussion on what well-governed migration can mean.

3. The MGIs constitute a process: The MGI process is not a static tool to collect data on countries’ migration frameworks. It is rather the first step of a dynamic exercise that can enable governments to identify areas of their migration policy in need of further development, or that could benefit from capacity-building.

The MGIs recognize that all countries have different realities, challenges and opportunities in relation to

migration frameworks. It is rather the first step of a dynamic exercise that can enable governments to identify areas of their migration policy in need of further development, or that could benefit from capacity-building. The MGIs recognize that all countries have different realities, challenges and opportunities in relation to migration. Therefore, the MGIs do not rank countries on the design or implementation of their migration policies. Finally, the MGIs do not measure migration policy outcomes or institutional effectiveness. Instead, they take stock of the migration‐related policies in place and operate as a benchmarking framework that provides insights on policy measures that countries can consider as they further progress towards good migration governance. 1 United Nations, Global Compact for Safe, Orderly and Regular Migration (A/RES/73/195 of 11 January 2019), paragraph 8. 2 “Migration governance” refers to the system of institutions, legal frameworks, mechanisms, and practices aimed at regulating migration and protecting migrants. It is used almost synonymously with the term “migration management”, although the latter is also sometimes used to refer to the narrow act of regulating cross-border movement at the State level. 3 IOM Council, Migration Governance Framework, 106th Session, C/106/40 (4 November 2015), page 1, footnote 1.MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 3 INTRODUCTION As part of the T echnical Working Group on Migration, the following government bodies in Nepal participated in the consultation and validation of the MGIs: the National Planning Commission; the Ministry of Labour, Employment and Social Security; the Nepal Rastra Bank; the National Human Rights Commission; the Ministry of Women, Children and Senior Citizens; the Ministry of Foreign Affairs; the Ministry of Home Affairs; the Department of Foreign Employment; the Social Security Fund; and the Ministry of Health and Population. We extend our gratitude to all ministries and institutions involved in the focus group discussions and stakeholder consultations, with special thanks to the Ministry of Labour, Employment and Social Security for chairing the T echnical Working Group. MGI follow-up assessments aim to show the progress that countries have made in their migration governance

of Health and Population. We extend our gratitude to all ministries and institutions involved in the focus group discussions and stakeholder consultations, with special thanks to the Ministry of Labour, Employment and Social Security for chairing the T echnical Working Group. MGI follow-up assessments aim to show the progress that countries have made in their migration governance policies since their first MGI assessment. 4 This country profile presents a summary of the main changes and achievements that have taken place in the migration governance structures of Nepal, since the first assessment in 2018, as well as the areas with potential for further development, as assessed by the MGIs.5 4 See the 2018 Migration Governance Snapshot of Nepal . 5 The MGI initiative is a policy-benchmarking programme led by IOM and implemented with the support of Economist Impact. Funding is provided by IOM Member States.CONCEPTUAL FRAMEWORK Conceptual Framework Not a ranking of countries Not an assessment of policy impacts Not prescriptive MGIs PRINCIPLES Which support the measurement of At the basis of MiGOF OBJECTIVES WHAT THEY ARE WHAT THEY ARE NOT IOM’s MiGOF sets out the essenfial elements to support planned and well-managed migrafion. It seeks to present, in a consolidated, coherent and comprehensive way, a set of three principles and three objecfives which, if respected and fulfilled, would ensure that migrafion is humane and orderly, and benefits migrants and society.

1. Adhere to international standards and fulfil migrants’ rights.

2. Formulate policy using evidence and a whole-of-government approach.

3. Engage with partners to address migration and related issues.

1. Advance the socioeconomic well-being of migrants and society.

2. Effectively address the mobility dimensions of crises.

3. Ensure that migration takes place in a safe, orderly and dignified manner.

A set of indicators that offers insights on policy levers that countries can use to strengthen their migrafion governance structures

dimensions of crises.

3. Ensure that migration takes place in a safe, orderly and dignified manner.

A set of indicators that offers insights on policy levers that countries can use to strengthen their migrafion governance structures A tool that idenfifies good pracfices and areas that could be further developed A consultafive process that advances dialogues on migrafion governance by clarifying what “well-governed migrafion” might look like in the context of SDG target 10.7 and the Global Compact for Migrafion implementafion The IOM MiGOF sets out the essential elements to support planned and well-managed migration. It seeks to present, in a consolidated, coherent and comprehensive way, a set of three principles and three objectives which, if respected and fulfilled, would ensure that migration is humane, orderly, and benefits migrants and society. Not a ranking of countries Not assessing impacts of policies Not prescriptive A set of indicators that offers insights on policy levers that countries can use to strengthen their migration governance structures A tool that identifies good practices and areas that could be further developed A consultative process that advances dialogues on migration governance by clarifying what “well-governed migration” might look like in the context of SDG target 10.7 MGI TARGET 10.7 well-managed Advance the socioeconomic well-being of migrants and society. address the mobility dimensions of crises. Ensure in a safe, orderly and dignified manner. Adherence fulfilment of migrants’ rights. Formulates policy using evidence and “whole-of-government” approach. Engages with partners to address

PRINCIPLES

1. 2. 3. 1. 2. 3. Which supports the measurement of At the basis of MiGOF

OBJECTIVES

WHAT IT IS WHAT IT IS NOT

.”

“whole-of-government” approach. Engages with partners to address

PRINCIPLES

1. 2. 3. 1. 2. 3. Which supports the measurement of At the basis of MiGOF

OBJECTIVES

WHAT IT IS WHAT IT IS NOT .” Note: “The Global Compact is framed in a way consistent with target 10.7 of the 2030 Agenda for Sustainable Development in which Member States committed to cooperate internationally to facilitate safe, orderly and regular migration.”MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 5 The MGIs consist of almost 100 indicators grouped under the six different dimensions of migration governance that draw upon the MiGOF categories: Indicators in this domain look at the extent to which migrants have access to certain social services such as health, education and social security. They look at family reunification, access to work, and access to residency and citizenship. The international conventions signed and ratified are also included. Indicators in this area assess countries’ institutional, legal and regulatory frameworks related to migration policies. This area also looks at the existence of national migration strategies that are in line with development objectives and overseas development efforts, as well as institutional transparency and coherence in relation to migration management. This category focuses on countries’ efforts to cooperate on migration‐related issues with other States and relevant non‐governmental actors, including civil society organizations and the private sector. Indicators in this area assess countries’ policies on the recognition of migrants’ educational and professional qualifications, provisions regulating student migration and the existence of bilateral labour agreements between countries. Aspects of diaspora engagement in the country of origin and migrant remittances are also under this domain. This category looks at the type and level of preparedness of countries when they are faced with mobility dimensions of crises. The questions look at the processes in place for nationals and non‐nationals in relation to disasters and climate change, including if humanitarian assistance is equally available to migrants as it is to citizens. This area looks at countries’ approach to migration management

countries when they are faced with mobility dimensions of crises. The questions look at the processes in place for nationals and non‐nationals in relation to disasters and climate change, including if humanitarian assistance is equally available to migrants as it is to citizens. This area looks at countries’ approach to migration management in terms of border control and enforcement policies, admission criteria for migrants, preparedness and resilience in the case of significant and unexpected migration flows, as well as the fight against trafficking in persons.

MIGRANTS’

RIGHTS

PAGE 14

WHOLE-OF-GOVERNMENT

APPROACH

PAGE 16

PARTNERSHIPS

PAGE 19

WELL-BEING

OF MIGRANTS

PAGE 22

MOBILITY DIMENSION

OF CRISES

PAGE 24

SAFE, ORDERLY AND

REGULAR MIGRATION

PAGE 26MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

6

SUMMARY

SUMMARYMIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

7

SUMMARY

SUMMARY OF UPDATES SINCE 2018

Migrants’ rights Since the 2018 MGI assessment, Nepal has enacted the Act Relating to Free and Compulsory Education (2018), ensuring that all children in the country are eligible to access Government-funded primary and secondary education, regardless of migration status. Nepal has enacted new regulations detailing requirements for foreign investment by migrants seeking to be self-employed in the country under the Foreign Investment and Technology Transfer Act (2019). In October 2023, Nepal’s Election Commission prepared a draft of the Voter Registration Data and Additional Procedures for Nepali Citizens Abroad to establish lists of eligible voters among citizens residing abroad. However, the lists are yet to be compiled as of August 2024. Whole-of-government approach In 2018, the Ministry of Labour, Employment and Social Security (MoLESS) established the Foreign Employment Steering (Directive) Committee, an interministerial coordination mechanism on labour migration issues at the national level.

However, the lists are yet to be compiled as of August 2024. Whole-of-government approach In 2018, the Ministry of Labour, Employment and Social Security (MoLESS) established the Foreign Employment Steering (Directive) Committee, an interministerial coordination mechanism on labour migration issues at the national level. In 2021, Nepal adopted the Three Years Work Plan for the Use of Information Technology, with the aim of moving all labour approval procedures online and strengthening online platforms – such as the Foreign Employment Information Management System and the Foreign Employment Welfare Information Management System – to facilitate the application for and issuance of labour permits and to access welfare services. Since 2018, the Department of Immigration has published monthly reports on immigration, including data on the arrival and departure of people to and from Nepal, disaggregated by sex and countries of origin and destination. Partnerships Since the previous MGI assessment, Nepal has strengthened its participation in regional consultative processes focused on migration by becoming a member of the Advisory Group of the Abu Dhabi Dialogue in 2020 and chairing the Colombo Process from 2017 to 2019. Nepal has signed new memorandums of understanding on migration with Malaysia (2018, revised in 2023), the United Kingdom (2022), and Romania (2023) and a bilateral labour migration agreement with Israel (2020). Nepal has also signed new bilateral agreements related to migration with the United Arab Emirates (2007, renewed in 2019), Japan (2019), Mauritius (2019) and Germany (2023). A National Forum on Migration and Development was established in August 2024, with the first event focused on bilateral labour migration agreements. The aim of the forum is to foster partnerships and collaboration among stakeholders in the fields of migration and development. Well-being of migrants Since 2018, MoLESS has published two iterations of the Labour Migration Report (2020 and 2022), and the Central Bureau of Statistics has published an updated Report on the Nepal Labour Force Survey 2017/18 (2019).MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 8

SUMMARY

Central Bureau of Statistics has published an updated Report on the Nepal Labour Force Survey 2017/18 (2019).MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 8 SUMMARY In 2020, the Ministry of Education, Science and Technology and the Council for Technical Education and Vocational Training formally approved the National Vocational Qualifications System, which is in the process of implementation as of August 2024. Nepal’s remittance schemes have been strengthened since 2018. The Ministry of Finance has formally created new remittance schemes for Nepali migrant workers abroad. The Nepal Rastra Bank (the Central Bank of Nepal) has also implemented measures to promote the financial inclusion of migrants and their families through the creation of remittance-linked savings accounts. Mobility dimension of crises The National Policy for Disaster Risk Reduction 2018 (2019) and the Disaster Risk Reduction National Strategic Plan of Action 2018–2030 (2018) have been implemented by the Ministry of Home Affairs since the previous MGI assessment, and they include measures related to displacement in times of crises. Nepal also established the Disaster Risk Management Localization Manual in 2019 (published in 2020), addressing disaster-induced displacement and large-scale population movements. Since 2022, Nepal has implemented the Multi-Hazard Early Warning System and an online portal for residents to receive information on the evolving nature of crises and how to access assistance, as well as to communicate their needs to the Government. Nepal has also adopted the Environment Protection Act (2019), the National Climate Change Policy (2019) and the National Adaptation Plan (NAP) 2021–2050 (2021), though none discuss human mobility considerations. Safe, orderly and regular migration Nepal has included a specific point in its 2023 budget to facilitate the reintegration of returning migrants to the country and has implemented the Reintegration Programme (Operation and Management) Directives for Returnee Migrant Workers since 2022. Since 2018, data on anti-human trafficking activities in the country have been updated by the National Human

the country and has implemented the Reintegration Programme (Operation and Management) Directives for Returnee Migrant Workers since 2022. Since 2018, data on anti-human trafficking activities in the country have been updated by the National Human Rights Commission of Nepal through multiple annual reports (with the most recent publication released for 2021–2022) and through the Nepal Police Headquarters’ Annual Fact Sheets on Gender-Based Violence (with the most recent publication released for 2021–2022). The Anti-Human Trafficking Bureau was established within the Nepal Police Force in June 2018 to support the work of the National Committee to Combat Human Trafficking – the body responsible for formulating and implementing policies, plans and programmes to tackle human trafficking in in the country.MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 9

CONTEXTMIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

10 CONTEXT Immigration to Nepal for long-term residency has decreased slightly over the past two decades. 6 United Nations Department of Economic and Social Affairs (DESA) figures indicate that approximately 487,600 international migrants were living in the country as of mid-2020 (see Figure  1), representing 1.7 per cent of the country’s total population. In 2020, there were significantly more female (70%) than male immigrants living in Nepal (see Figure 2). In contrast, Nepal has experienced significantly increasing emigration since 1990, with approximately 2.6 million Nepali emigrants living around the world in 2020 (see Figure 1). Most of these emigrants were male (56%) (see Figure 2). The Nepal National Population and Housing Census 2021 estimated that 23.4 per cent of Nepali households had an absentee member living abroad. 7 Figures 3 and 4 show the most common origin and destination countries for migrants to and from Nepal in 2020. Most migrants living in Nepal came from India (88%), followed by Bhutan and China. Almost 30 per cent of emigrants from Nepal reside in India, followed by Malaysia and Saudi Arabia.

Figures 3 and 4 show the most common origin and destination countries for migrants to and from Nepal in 2020. Most migrants living in Nepal came from India (88%), followed by Bhutan and China. Almost 30 per cent of emigrants from Nepal reside in India, followed by Malaysia and Saudi Arabia. Figure 1. Stock of migrants of Nepal (1990–2020) 1990 2000 2010 2020 Emigrants Immigrants 0 0.5 1 1.5 2 2.5 3 3 0.488

Source: DESA, International Migrant Stock 2020.

Figure 2. Proportion of migrants of Nepal by sex (2020) Male Female Emigrants Immigrants 56% 44% 30% 70% 50% 2020 2020

Source: DESA, International Migrant Stock 2020. 6 Visit the Migration Data Portal for more information. 7 Find other statistics from the National Census on the website of the National Statistics Office.MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

11 CONTEXT Figure 3. Countries of origin of migrants in Nepal (2020) 88% 2.6% 5.6% Others Pakistan China Bhutan India 1007550250 4% 0.2%

Source: DESA, International Migrant Stock 2020.

Figure 4. Countries of destination for migrants from Nepal (2020) 28% 13%Others United States Qatar Saudi Arabia Malaysia India 3020100 9.8% 6.8% 23% 19%

Source: DESA, International Migrant Stock 2020.

In addition, data from the World Bank show that in 2020, outbound remittances sent from Nepal was valued at approximately USD 44 million, while inbound remittances received was valued at approximately USD 8 billion (see Figure 5).MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 12

CONTEXT

valued at approximately USD 44 million, while inbound remittances received was valued at approximately USD 8 billion (see Figure 5).MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 /// 12 CONTEXT Figure 5. Inbound and outbound remittances for Nepal (1990–2020) Inbound remittances Outbound remittances 8 6 4 2 0 1990 2000 2010 2020 0.044 8

Source: World Bank, World Development Indicators.

Based on estimates from the Internal Displacement Monitoring Centre, the number of people internally displaced in Nepal reached a peak in 2015 (see Figure 6), which included those displaced by the significant and devastating earthquake that shook the country in April 2015. Figure 6. Internal displacement in Nepal (2008–2022) 2 1 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 0.250 0.023 0.046 0.0006 0.012 0.074 2.6 0.031 0.384 0.012 0.121 0.048 0.032 0.0930

Source: Internal Displacement Monitoring Centre, Displacement data.MIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

13

KEY FINDINGS

FINDINGS

KEYMIGRATION GOVERNANCE INDICATORS: NEPAL | SECOND PROFILE 2024 ///

14

KEY FINDINGS

ADHERE TO INTERNATIONAL STANDARDS AND FULFIL MIGRANTS’ RIGHTS 1.1. Migration governance: examples of well-developed areas All people in Nepal are granted equal access to Government-funded medical services provided by the Ministry of Health and Population (MoHP) under Article 35 of the Constitution (2015). MoHP is responsible for overall policy formulation, planning, organization and coordination in the health sector at all levels,

All people in Nepal are granted equal access to Government-funded medical services provided by the Ministry of Health and Population (MoHP) under Article 35 of the Constitution (2015). MoHP is responsible for overall policy formulation, planning, organization and coordination in the health sector at all levels, with the goal of improving the health status of all people in the country through effective policymaking and resource mobilization. Nepal’s Public Health Service Act (2018) establishes the right to free basic and emergency health services. Since the previous MGI assessment, Nepal has strengthened its legal framework, guaranteeing the right to education of every child, irrespective of migration status. Under Nepal’s Constitution, “[e]very child shall have the right to education, health care nurturing, appropriate upbringing, sports, recreation and overall personality development from family and the State” (Article 39). Through the Act Relating to Free and Compulsory Education (2018) and its accompanying Free and Compulsory Education Regulations (2021), primary education is compulsory, and both primary and secondary education are free of charge for migrants and nationals alike. The Ministry of Education, Science and Technology sets the national education policy framework, develops curricula and standards, manages higher education institutions, and allocates resources to local governments for education. The Social Security Fund (SSF) of Nepal allows all foreign workers with a valid work permit in the country,8 as well as Nepali nationals employed in foreign countries, to access the national social security scheme. 9 Nepal’s contribution-based SSF is governed by the Social Security Fund (Management and Operation) Rules (2011) and includes access to regular medical check-ups, health protection and maternity plans, as well as support for accidents and disabilities. It also includes support for family dependants and old-age insurance. In 2022, the Ministry of Labour, Employment and Social Security passed two working guidelines to strengthen the SSF and expand coverage to migrant workers living abroad, workers in the informal sector and those who are self-employed. Through the scheme, Nepali migrant workers living abroad are entitled to access accident and disability insurance, support for family dependants, and old-age security.10 Migrant workers can

the SSF and expand coverage to migrant workers living abroad, workers in the informal sector and those who are self-employed. Through the scheme, Nepali migrant workers living abroad are entitled to access accident and disability insurance, support for family dependants, and old-age security.10 Migrant workers can enrol in the Fund via the Foreign Employment Information Management System. Regular contributions from migrant workers to the SSF are necessary to ensure that they and their families are eligible for protections. The Government continues to take steps to enhance the implementation of the scheme and expand access for migrant workers. 1.2. Areas with potential for further development Ensuring that foreign workers have the same access to employment as nationals is an area with potential for further development. Under Nepal’s Immigration Rules (1994), all foreign nationals intending to work in the country are required to obtain a working visa from the Department of Immigration, the main authority responsible for executing and implementing immigration laws. To obtain a work visa, a recommendation from the concerned ministry governing the applicant’s proposed field of work must f