A/HRC/38/41/Add.1
migrants, in particular, are subject to high levels of human rights violations in many
countries, including harassment, abuse and labour rights violations. The Special Rapporteur
therefore notes the need to enhance cooperation with destination States to ensure that the
rights of Nepalese citizens are respected during the whole migration process.
71.
The Government of Nepal has utilized bilateral instruments in the form of labour
agreements and memorandums of understanding to protect its citizens in destination
countries. Although it has allowed Nepalese migrants to work in 109 foreign countries,
bilateral labour agreement or memorandums of understanding have been signed only with
Bahrain, Japan, Jordan, Qatar, the Republic of Korea and the United Arab Emirates, while a
pilot bilateral agreement has been signed with Israel.
72.
Many interlocutors have praised the Government-to-Government agreement with the
Republic of Korea, which was often referred to as a model example, as it facilitates migrant
worker recruitment without the services of recruitment agencies and commits to providing
additional skills during employment or before return. However, high recruitment costs
continue to be charged to migrant workers.
73.
The recently signed bilateral agreement with Jordan (2017), which provides for a
standard contract for domestic workers, stipulates the number of holidays and paid sick
days, and defines the minimum wage.
74.
The Special Rapporteur urges Nepal to pursue the conclusion of similar agreements.
They should include a uniform model contract for all workers, including domestic workers,
and should ensure respect for and protection of their human rights. Labour contracts based
on such a model should specify the job description, wages and labour conditions.
Memorandums of understanding or bilateral agreements should be formulated in a
transparent manner, with all key stakeholders involved and should be accessible to the
public. In the meantime, the Nepalese authorities should cooperate closely with destination
States, ensuring that the contract which is signed in Nepal is shared with the destination
State for quick electronic registration, in order to prevent contract substitution.
75.
The Government of Nepal, in collaboration with destination countries, should
facilitate the legal remittance of earnings to benefit migrants and their families, and
discourage the informal transfer of earnings.
76.
The Special Rapporteur notes that initiatives from trade unions to collaborate with
them should be enhanced. Such initiatives are significant, as they may increase the
protection of and assistance to Nepalese migrants in destination countries.
V. Migrant women
77.
In 2015, the Government of Nepal endorsed guidelines regarding Nepalese domestic
migrant workers. The guidelines require women migrants to have reached the age of 24 and
prohibit women with a child below the age of 2 from taking up domestic work in foreign
employment. They also include a provision for the Government to sign bilateral agreements
and memorandums of understanding with destination countries to which Nepalese migrants
go for domestic work. In early 2017, the parliamentary International Relations and Labour
Committee instructed the Government to temporarily stop Nepalese female migrants from
going to the countries of the Gulf Cooperation Council for domestic work, as a result of
their visit to those countries and observation of the conditions they saw there.
78.
The Special Rapporteur observed a lot of stigma around the migration of women,
loosely associated with prostitution or trafficking for sex work. As women are often
employed in private households, operating outside the formal economy and excluded from
labour law protection, he observes that they are left in an extremely precarious situation,
heavily dependent upon their employer and without any formal protection mechanism.
However, the solution to the problems faced by domestic workers cannot be to discriminate
against them through the imposition of bans or other means of violating their right to leave
the country.
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