Report of the Special Rapporteur on the human rights of migrants on his mission to Nepal (A/HRC/38/41/Add.1)

Report
from UN Human Rights Council
Published on 30 Apr 2018 View Original

Human Rights Council
Thirty-eighth session
18 June–6 July 2018
Agenda item 3

Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of the Special Rapporteur on the human rights of migrants, Felipe González Morales, on his mission to Nepal from 29 January to 5 February 2018.

During his visit, the Special Rapporteur met with representatives of the Government, the National Human Rights Commission, the diplomatic community, members of the United Nations country team, migrants and their families, and representatives of civil society organizations, trade unions, recruitment agencies, associations of training centres for domestic workers, associations of pre-departure orientation, associations of medical centres and skills training providers.

The main focus of the visit was on labour migration from Nepal, recruitment practices, the assistance provided to Nepalese migrants in destination countries and the return and reintegration of labour migrants. Nepal has made progress in ensuring that the rights of its citizens who migrate for foreign employment are protected. However, important gaps in protection continue to exist in the law and challenges remain in enforcement, implementation and monitoring.

The Special Rapporteur also looked into the situation of migrants in Nepal. He notes the importance of granting them access to the entire human rights framework and the need to revise legislation accordingly.

I. Introduction

  1. The Special Rapporteur on the human rights of migrants, Felipe González Morales, conducted an official visit to Nepal from 29 January to 5 February 2018 at the invitation of the Government. The main focus of the visit was on labour migration from Nepal, recruitment practices, the assistance provided in destination countries and the return and reintegration of labour migrants. The Special Rapporteur also looked into the situation of migrants in Nepal.

  2. During the mission, the Special Rapporteur met with representatives of the Government, including representatives of the Ministry of Foreign Affairs, the Ministry of Labour, Employment and Social Protection, including its Department of Foreign Employment, the Foreign Employment Tribunal and the Foreign Employment Promotion Board, the Ministry for Women, Children and Senior Citizens, the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Health, the Ministry of Home Affairs and the Human Rights Division of the Nepal Police. He also held meetings with representatives of the National Human Rights Commission, the diplomatic community, members of the United Nations country team, migrants and their families, and representatives of civil society organizations, international non-governmental organizations (NGOs), trade unions, recruitment agencies, associations of training centres for domestic workers, associations of pre-departure orientation centres, associations of medical centres and skills training providers in Kathmandu and Kailali and Morang districts. He also visited the labour village in Kathmandu.

  3. The Special Rapporteur expresses his appreciation for the cooperation extended to him by the Government prior to, throughout and after the visit. He also thanks the United Nations country team for their valuable support and assistance.