Proposed new immigration policy is discriminatory

Responding to news reports about a proposed new policy by the Department of Immigration requiring female travelers below the age of 40 to obtain permission from their families and recommendation from the local government before travelling internationally, Nirajan Thapaliya, Director of Amnesty International Nepal, said:

This policy proposal is blatantly discriminatory towards women and completely disregards their right to free movement. In the name of “protecting” its citizens, Nepali authorities must not introduce measures that violate the fundamental rights and freedom guaranteed in the Constitution to all, irrespective of their gender

Nirajan Thaplaiya

“This policy proposal is blatantly discriminatory towards women and completely disregards their right to free movement. In the name of “protecting” its citizens, Nepali authorities must not introduce measures that violate the fundamental rights and freedom guaranteed in the Constitution to all, irrespective of their gender,” said Thapaliya.

“The authorities’ defense of the policy as a measure to address trafficking is problematic and is representative of a protectionist approach adopted by the state towards its women. Such restrictions on the right to freedom of movement have resulted in many women using alternative, irregular migration channels, which often pushes them towards labour traffickers. We call on the Government of Nepal to immediately halt such arbitrary proposals that violate Nepal’s international human rights obligations.”

BACKGROUND

On 10 February, several media outlets reported on the proposal to amend the Immigration Procedures. As per media reports, a draft of the proposal had been sent to the Home Ministry for approval. Following widespread public backlash, the Department of Immigration issued a clarification on 11 February, stating that the provision requiring women to obtain permission from their families and local government before international travel merely came up as a suggestion for measures to control trafficking during internal discussions and that it would only apply to women travelling to Gulf and African states for the first time.

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