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;
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