A/HRC/38/41/Add.1 IX. Conclusions and recommendations 99. The Special Rapporteur welcomes the efforts undertaken by the Government to regulate labour migration and protect the rights of Nepalese citizens migrating abroad. He notes that a series of adequate legal provisions and policies are in place, which, if implemented effectively, could prevent some of the abuses that migrants currently experience during the migration process. He also notes the need for strong rights-based, enforceable agreements with all destination States. 100. Labour migration, if properly governed, can have a positive impact on the lives of migrants and their families, as well as on the economy as a whole. However, a poorly regulated recruitment industry takes significant resources away from migrants through the charging of recruitment fees and broader economic exploitation, thus effectively disempowering the poorest. That has a negative impact on the economy of the country as a whole. The Special Rapporteur urges the Government of Nepal to develop a holistic, cohesive and human-centred approach to migration, aimed at transition to an ethical recruitment model, involving all relevant stakeholders. Allowing the absentee population to vote, would help develop a migration policy centred on the needs, interests and human rights of those concerned. 101. In order to make migration a choice and not a necessity, the Special Rapporteur invites the Government to conduct a thorough study of the root causes of migration, which are often related to discrimination, domestic violence, poverty and a lack of domestic economic opportunities. The research should also look into the social impact of migration, including its gender dimension, the impact on families and communities, caste and ethnicity, and the types of abuse migrants suffer in destination countries, including the reasons for sickness and disability and the causes of death. 102. More focus could be placed on creating income-generating opportunities in Nepal, especially for women, youth and minorities, including in rural areas. At the same time, Nepalese who wish to migrate have the right to do so; leaving any country including one’s own is a human right, which applies equally to men and women. 103. Considering the lack of information and the high costs which migrant workers incur in their recruitment process or upon return to Nepal, the Special Rapporteur encourages decentralization of the management of migrant workers. The decentralization of the institutional mechanisms of foreign employment would render many services and rights more accessible to all migrants. For instance, it would enhance access to information and legal remedies, and ensure more direct contact with recruitment agencies, passport offices, and skills and pre-departure training. Decentralization of recruitment agencies could give migrants direct access to the process, eliminating the chance of being cheated by sub-agents. The process of decentralization would be especially relevant in a context where many migrants come from places other than Kathmandu. A. Recommendations to the Government of Nepal 104. In the light of the information received and the concerns expressed, the Special Rapporteur wishes to propose the following recommendations to the Government of Nepal. He urges the Government to consider his recommendations seriously and to implement them in cooperation with all relevant stakeholders, including the United Nations country team and civil society organizations. Technical cooperation for implementation of the recommendations could be sought from ILO. Strengthening the legal and policy framework 105. The Special Rapporteur recommends that the Government: (a) Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; 17

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