A/HRC/29/46/Add.1 (c) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, which it signed in 2000; (d) Take action on the finalization and adoption of the comprehensive law to prohibit all forms of discrimination or another such comprehensive law prohibiting racial discrimination; (e) Amend the Criminal Code and other relevant penal laws in order to include racial discrimination as a criminal offence and adopt the legislation necessary to criminalize racial discrimination, provide for adequate sentences to the gravity of the offence and make racial discrimination an aggravating circumstance when another offence is committed, and provide for appropriate reparations to the victims. On the institutional framework 68. The Special Rapporteur recommends that the Government strengthen its cooperation with NHRCK in ensuring its full independence and effectiveness and its autonomy to manage its resources and select its own staff, in order to allow it to play a more significant role in receiving complaints from victims of racism and xenophobia, conduct investigations and issue relevant recommendations to the Government, which could be followed up in a similar manner as has been done recently with the adoption of comprehensive laws prohibiting discrimination against women and persons with disabilities. On migrant workers 69. The Special Rapporteur recommends that the Government make the necessary amendments to EPS, in particular with regard to: the complexity and variety of types of visa; discrimination based on the country of origin; limitations on migrant workers’ ability to change employment; and the maximum period of stay allowed. In particular, he recommends removing the restrictions on the number of job changes allowed to EPS workers, allowing all EPS workers to change employment without a release form from their employer and ensuring that the rights covered under the Labour Standards Act are extended to all workers, including migrant workers, irrespective of which sector they work in, in particular with respect to work hours, daily breaks and weekly paid rest days. 70. For migrant workers in the agriculture sector, the Special Rapporteur recommends that the Government: ensure that all are paid the full overtime rate for any work performed outside the regulated hours, as set out in article 56 of the Labour Standards Act; clarify what constitutes adequate food and accommodation when those are included as part of a migrant worker’s contract; ensure that the Ministry of Employment and Labour regularly inspects all farms to ensure the proper implementation of the Labour Standards Act and EPS contracts; and take appropriate action to remedy the situation, including appropriate sanctions against employers who are in breach of their obligations. 71. In relation to foreign seafarers working on vessels registered in the Republic of Korea, the Special Rapporteur recommends that the Government sanction the discriminatory application of minimum wages between seafarers from the Republic of Korea and foreign seafarers on such vessels on the high seas; enable foreign seafarers to also benefit from a share of the catch; eradicate the practice of employers deliberately retaining identification documents and bankbooks of foreign seafarers; train employers and fishermen of the Republic of Korea on practical measures to eradicate verbal and physical abuse towards foreign fishermen; ensure proper 16

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