A/HRC/38/41/Add.1
detention or elsewhere. Funding from the Foreign Employment Welfare Fund should
be made available in that regard;
(e)
Conduct independent autopsies on the bodies of Nepalese migrant
workers who die abroad and consider the deployment of health attachés to major
destination countries for that purpose;
(f)
Establish a sustainable reintegration policy and enhance the services
provided for the reintegration of returned migrants, including psychosocial services
and livelihood opportunities, particularly for those who have experienced abuse
during their migration process.
Women migrants and domestic workers
109.
The Special Rapporteur recommends that the Government:
(a)
Withdraw the discriminatory restrictions and bans imposed on women
migrant workers;
(b)
Establish a standard contract for domestic workers, to be included in all
bilateral agreements, which should include provisions on, inter alia, wages, working
hours, working conditions, overtime pay, annual leave and effective remedies, as set
out in ILO Convention No. 189;
(c)
Establish a reference wage for domestic workers, reflective of skills and
experience, which should apply to all workers in all destination States and be included
in bilateral agreements;
(d)
Enhance pre-departure training for domestic workers, particularly
focusing on language skills, skills relevant to their work and information on their
rights and how to claim those rights.
Cross-cutting issues
110.
The Special Rapporteur recommends that the Government:
(a)
Revise the current citizenship act and civil registration laws to bring
them into line with the country’s international obligations, removing any
discriminatory provisions;
(b)
Ensure that all persons, regardless of citizenship or migration status,
enjoy the rights provided for in the Constitution without any discrimination, in
accordance with international human rights law;
(c)
Register all Tibetan and Bhutanese refugees on its territory and provide
them with proper identity documents.
B.
Recommendations to destination States
111.
The Special Rapporteur recommends that destination States:
(a)
Extend labour protection in national law to domestic workers, including
by formulating provisions related to minimum wages, payment for overtime, working
hours, working conditions, days of rest, annual leave, freedom of association and
social security protection, including with respect to maternity and pension rights and
health insurance, as well as effective recourse and remedies. Ensure that migrants
have a written contract in a language they can understand, stating their specific duties,
working hours, remuneration, days of rest and other conditions of work. Model
contracts should be adopted for this purpose;
(b)
Prevent persons who abuse domestic workers from hiring more domestic
workers in the future. Labour inspections should be undertaken on a regular basis
and unannounced, including in employers’ households. States should ensure that
migrant domestic workers have access to complaint mechanisms and legal assistance;
20