Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions Other practical measures that NHRIs can take to protect a victim or a witness who agrees to make a statement, include: • interviewing the person in a place where he or she feels safe or, if in a place of detention, where surveillance is minimal • asking what security precautions the person believes should be taken at the start and end of the interview • providing a way for the person to remain in contact with the NHRI following the interview • never referring explicitly during interviews to statements made by others and never revealing the identity of witnesses • in places of detention, conducting a follow-up visit shortly after the interview and meeting with the detainee.234 4.4. Developing recommendations After assessing the evidence collected during the investigation, the NHRI will usually prepare an investigation report that outlines the facts and the evidence, identifies the relevant human rights provisions, analyses the evidence and sets out a conclusion and recommendations. If there is a finding that discrimination or a human rights violation has occurred, the NHRI – often involving the collegial body of NHRI members – will determine what steps should be taken to resolve the matter. The OHCHR suggests that, in principle, these recommendations should seek to “make the victim whole; ensure the perpetrator faces suitable action; [and] prevent further similar violations”.235 Making the victim whole “means to return the victim to the situation that he or she would have been in had there been no human rights violation”236 and can include measures such as an order to stop the violation, an order for compensation or an order for the respondent to take steps “to mitigate the damage”.237 To improve human rights standards in the future, the NHRI could, for example, make recommendations that aim to improve certain workplace conditions or practices in a particular place of employment or across an industry. The NHRI could also recommend reforms to the policies and practices of agencies that recruit migrant workers or make recommendations regarding the supervision of their activities. If the investigation highlights a lack of appropriate laws or government policies, or if existing laws and policies are not being implemented in practice, the NHRI may recommend that steps be taken to address such gaps. The Paris Principles give NHRIs the authority to publicize their recommendations and decisions, which can help generate community discussion and shape public opinion. This is particularly important if the complaint is the result of broader, systemic issues. However, as far as possible, publication of the NHRI’s findings and recommendations should take into consideration the parties’ needs for confidentiality.238 234 Preventing Torture: An Operational Guide for National Human Rights Institutions; Asia Pacific Forum of National Human Rights Institutions, Association for the Prevention of Torture and the Office of the United Nations High Commissioner for Human Rights; 2010; p. 45. 235 National Human Rights Institutions: History, Principles, Roles and Responsibilities; Professional Training Series No. 4 (Rev. 1); Office of the United Nations High Commissioner for Human Rights; 2010; p. 89. 236 Ibid; p. 90. 237 Ibid; p. 90. 238 Ibid; pp. 91-92. 94 | Chapter 7: Investigating allegations of human rights violations