A/HRC/38/41/Add.1
(g)
Fully take into account the recommendations of the National Human
Rights Commission and consult the Commission in its work on migrants;
(h)
Standardize contracts for migrant workers within different sectors and
at different skill levels. Labour contracts based on such a standardized model should
specify the job description, wages and labour conditions.
Access to justice
107.
The Special Rapporteur recommends that the Government:
(a)
Ensure that barriers to accessing justice are removed so that effective
access is available to legal remedy for violations of migrant workers’ rights in the
context of recruitment practices and labour migration, including through
decentralization of the system;
(b)
Repeal the relevant legislation so that migrant workers are recognized as
rights holders, with defined enforceable rights and associated remedies, while
granting the police more investigative powers for complaints concerning abuse and
exploitation in the recruitment process, and ensure victims have access to the formal
judicial system;
(c)
Strengthen the capacity of the independent judiciary, including at the
local level, to provide access to justice for migrant workers who have been exploited
by recruiters and punish perpetrators in a way that creates real and lasting
disincentives for the mistreatment of migrants;
(d)
Enhance understanding through increased capacity-building, including
at the local level, concerning trafficking for labour exploitation. The extension of an
invitation for a country visit to the Special Rapporteur on trafficking in persons,
especially women and children or the Special Rapporteur on contemporary forms of
slavery, including its causes and consequences could be relevant in that regard;
(e)
Make all the services necessary for ensuring effective access to justice for
all migrant workers in destination countries easily available, such as legal aid,
interpretation and translation services, information about their rights and available
remedies, and humanitarian visas to return to destination countries to testify and
otherwise pursue justice. Bilateral agreements between countries of origin and
destination should address the provision of such services.
Empowering migrants through information and support
108.
The Special Rapporteur recommends that the Government:
(a)
Decentralize the institutional mechanisms of foreign employment to
ensure access to services and rights for all migrants;
(b)
Increase, improve and decentralize pre-departure training and
information, including on rights and redress mechanisms, promote informed decisionmaking and enhance the skill levels of prospective migrants, including language and
general skills;
(c)
Make the protection of migrants a priority concern for diplomatic
missions in destination States and strengthen welfare services and consular assistance,
ensuring that diplomatic missions are adequately staffed and that staff are properly
trained to deal with all issues faced by migrant workers. Nepalese diplomatic missions
in destination States should play a more proactive role in protecting their own
nationals against abuse and be properly equipped to provide assistance to those in
need. They should have female officers to deal with cases of sexual abuse, provide a
local hotline free of charge 24 hours a day 7 days a week, establish a roster of
competent local lawyers able to help Nepalese migrants with legal issues, and conduct
frequent visits to migrant detention centres, worksites and workers’ accommodation;
(d)
Facilitate the repatriation of migrants in need, including those who have
escaped from abusive employers or have ended up in an irregular situation, in
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