A/HRC/38/41/Add.1
(b)
Ratify the following ILO conventions: the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), the Migration for
Employment Convention (revised), 1949 (No. 97), the Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143), the Private Employment
Agencies Convention, 1997 (No. 181) and the Decent Work for Domestic Workers
Convention, 2011 (No. 189);
(c)
Ratify the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children supplementing the United Nations
Convention against Transnational Organized Crime;
(d)
Ratify the Convention relating to the Status of Refugees and its 1967
Protocol and the Convention on the Reduction of Statelessness;
(e)
Ensure implementation of the 2011 United Nations Guiding Principles
on Business and Human Rights implementing the United Nations “Protect, Respect
and Remedy” Framework;
(f)
Invest in sufficient social protection systems and create more incomegenerating opportunities to ensure that poverty and discrimination do not force
Nepalese nationals into labour migration;
(g)
Develop bilateral agreements on labour migration with destination
countries that are based on international standards and prioritize the full
implementation of the human rights and labour rights of migrants and fully
incorporate the voices of both migrants and civil society;
(h)
Continue dialogue through the regional consultative processes, ensuring
that it is guided by the long-term, holistic thinking that is needed to achieve the
wholesale transition to an ethical recruitment system.
Effective regulation, oversight and law enforcement
106.
The Special Rapporteur recommends that the Government:
(a)
Undertake all the necessary steps to prevent the exploitation and abuse
of migrants and to protect their rights during the recruitment stage, while they are in
service in the destination country and upon their return to Nepal;
(b)
Transition to an ethical recruitment model by developing country-level
and regional policies on tackling exploitative and abusive recruitment practices, which
bring together the perspectives of all relevant stakeholders;
(c)
Enhance the regulation and monitoring of the recruitment industry, by
putting in place a comprehensive recruitment policy with high standards, developing
fully robust, transparent and publicly accountable licensing systems for recruitment
companies, subject to rigorous human rights and labour law due diligence, regulating
irregular sub-agents and the sanctioning of unlicensed agencies, and effectively
banning all types of recruitment fees paid by migrants;
(d)
Ensure controls are in place to prevent the re-registration of
unscrupulous agencies which have had their licence revoked. Develop a rating scheme
and a blacklist, in order to assess the conduct of recruitment agencies against human
rights and labour standards;
(e)
Develop independent monitoring mechanisms, equipped with the
necessary resources to effectively identify abuse and exploitation, including through a
system based on complaints from trade unions, the National Human Rights
Commission and civil society organizations, and revoke the licences of recruitment
agencies that charge fees to migrants and/or have abused their human or labour
rights;
(f)
Ensure sufficient budget is allocated to the Ministry of Labour,
Employment and Social Protection for it to effectively carry out its mandate,
including by introducing e-government solutions;
18