A/HRC/38/41/Add.1
abuse in the destination country. For instance, terms of employment, remuneration,
employing company or the type of work agreed upon in Nepal were changed upon arrival in
the destination country; contracts were substituted; the contract was not translated into a
language migrant workers understood and they were not given a copy of the contract;
migrant workers, including migrant children, were sent on forged or fake documents; or
workers faced non-payment of or deductions in wages. The Special Rapporteur also heard
testimonies of migrants who had not received information on how to complain if the
contract was not respected. Many lived in overcrowded or substandard conditions and were
forced to remain with their employers despite being abused.
49.
The Special Rapporteur received accounts that the labour attachés were often not
properly trained in labour and human rights and were unaware of the situation of migrants
in distress or unwilling to assist and protect them and facilitate their repatriation. In that
regard, Nepal needs to strengthen its welfare services and the consular assistance provided
to Nepalese migrants, regardless of migratory status. Labour attachés and ambassadors to
countries with a significant Nepalese migrant population should not have ties to recruitment
agencies, as it makes their willingness to support migrants questionable.
50.
He was informed through the authorities that the Foreign Employment Promotion
Board makes free legal assistance through the embassies in destination countries available.
However, he heard that the embassies often do not provide adequate information and
support services to workers who have grievances against their employers and that as a
result migrant workers prefer to return to Nepal. He encourages the Board to use its funds
not only to facilitate exit permits or assist migrants implicated in criminal cases or being
held in detention, but to ensure that migrants, including irregular migrants, can seek redress
through the courts in the destination country, with the embassies providing a roster of
competent local lawyers.
51.
The Special Rapporteur was informed about the worryingly high number of deaths
and injuries of migrant workers. In the fiscal years 2008/09–2014/15, a total of 4,211
migrants passed away in Malaysia and the countries of the Gulf Cooperation Council, with
cardiac arrests, natural deaths and traffic accidents seemingly the main reasons for death
among men, and suicide, natural deaths, traffic accidents and heart attacks being the main
reasons for death among women.10 He observes that among the male population, cardiac
arrests and natural deaths are disproportionately high for a population of which 68 per cent
are aged between 18 and 36, and he encourages the Government to conduct and validate
post mortem examinations on a regular basis. He further encourages Nepalese embassies to
ensure that ILO occupational health and safety standard provisions in destination countries
are enforced in migrants’ workplaces and in their accommodation. Those provisions should
be included in all memorandums of understanding and bilateral agreements concluded with
destination countries.
52.
The Special Rapporteur observes that exploitation and violence, including sexual
abuse of women at the hands of their employers, seems to be quite systematic. He notes that
in four destination countries, shelters have been set up in embassy premises. Many
interlocutors described how they felt so desperate that suicide seemed the only solution to
them. The Special Rapporteur observes that support to migrant women, including through
having women officers to deal with cases of sexual abuse, the provision of a local 24/7
hotline free of charge and assistance with changing the workplace, seeking redress or
facilitating return, needs to be enhanced as a matter of priority.
53.
He also notes the need to enhance cooperation with destination States to ensure that
the rights of the Nepalese are respected during the whole migration process. The
Government of Nepal, in cooperation with the destination country, must ensure that
Nepalese migrants’ rights in destination countries meet international standards with respect
to facilities at work, access to justice, freedom of mobility and access to health, sanitation
and freedom of association. The Special Rapporteur encourages the authorities, and
especially labour attachés and consular services, to collect better data in terms of the
10
10
See Ministry of Labour and Employment, “Labour migration for employment”.