Demand to Make Pro Bono Legal Services Mandatory for Justice Access of Foreign Employment Victims
May 22, Kathmandu – Stakeholders have emphasized the need to make free legal services (pro bono) offered by legal professionals compulsory to ensure justice access for workers and their families who have been defrauded during foreign employment. This view was expressed during a workshop held in Kathmandu on “Access to Justice for Workers in Foreign Employment and Their Families,” jointly organized by the International Organization for Migration and the People Forum for Human Rights.
In a paper presented at the event, Advocate Somprasad Luitel highlighted that foreign employment-related cases take between 5 to 10 years to resolve, and out of those who win cases, only about 11 percent receive compensation. He stressed that legal professionals should take the initiative to provide free legal advice and support to victims of foreign employment. Luitel stated, ‘The contribution lawyers make to society is pro bono work. It is time for the Nepal Bar Council to mandate a fixed minimum period of pro bono service when renewing lawyers’ licenses.’
The People Forum reported having provided free legal aid to over 36,000 victims of foreign employment so far. It was emphasized that the legal aid provided by the state and pro bono services offered personally by lawyers should be integrated. Saraswati Shrestha, Vice President of the Nepal Bar Association, noted that the Bar has issued the “Pro Bono Directive 2075” and circulated it to all 90 Bar units. She added, ‘We have established a dedicated desk and room within the Bar. We are also encouraging senior lawyers to handle at least five free cases annually.’
Similarly, Ravi Narayan Khanal, Member of the Nepal Bar Council and senior advocate, described pro bono service as a lawyer’s humanitarian duty. He proposed the “Pro Bono Birthday” concept, where lawyers take a case free of charge on their birthday, and recommended using technology to record statements from victims residing abroad. Dr. Gyanu Gautam from Kathmandu School of Law emphasized the need to involve law students in research and drafting by operating “Legal Clinics” at the local level. Purnima Limbu of IOM Nepal expressed concern that access to justice is a fundamental right, yet only a small fraction of thousands of complaints registered with the Foreign Employment Department reach conclusive outcomes.
Participants in the discussion expressed confidence that coordinating with judicial committees at rural municipalities and municipalities to enhance legal literacy would help workers avoid fraud and facilitate easier access to justice. The workshop concluded that since only 15 percent of victims are aware of the complaint procedures and lack of evidence often leads to case losses, there is still a significant need for extensive work in this sector.
