A/HRC/38/41/Add.1 also investigate cases of fraud, the charging of excessive recruitment fees and deception in regard to contracts. It has the jurisdiction to decide if an offence has occurred and can impose penalties, including compensation to workers, the imposition of fines, revoking of licences, or imprisonment. However, the Special Rapporteur was informed that there was a serious backlog of up to 8,500 cases. 63. The Foreign Employment Tribunal is mandated to adjudicate cases which the Department is not specifically authorized to deal with or that are referred to it by the Department. The Special Rapporteur notes the efficient rate of case settlement of the Tribunal: since 2010, of a total of 1,424 cases, 1,079 have been settled. Penalties may include compensation to migrants, fines and imprisonment. 64. The Special Rapporteur is deeply concerned at the limited police involvement in investigating cases of deceptive recruitment and forced labour, as it severely limits migrant workers’ access to justice. He notes that the Department of Foreign Employment should not retain the judicial rights to ensure access to justice through the competent courts. In that regard, the Rapporteur urges the Government to repeal existing legislation, limiting the adjudicating rights of the Department to administrative matters and determining by law the type of cases in which migrants have to be referred to the Foreign Employment Tribunal and those in which they must be referred to the formal criminal justice system. 65. Despite their gravity, most disputes are settled through informal dispute resolution at the Department of Foreign Employment and not under the civil code or the criminal legislation on trafficking. As a result, they are rarely referred to the district courts. 66. The Special Rapporteur further notes that because of the lack of conceptual clarity, victims’ complaints related to the trafficking of women and girls for the purpose of sexual exploitation were almost the only cases to be investigated and tried under the criminal justice system, whereas complaints from victims involving trafficking for labour exploitation, debt bondage or forced labour were referred to the Department. He urges the Government to ensure that all cases involving trafficking, debt bondage and forced labour are properly investigated and tried under the criminal justice system. Criminal investigations could effectively deter unscrupulous recruiters from exploiting migrant workers and compensation should be paid to victims. 67. To enhance understanding of such crimes, capacity-building, including at the local level and with district judges and police, needs to be undertaken. The Special Rapporteur urges the Government to determine by law the types of cases in which migrants have to be referred to the formal judicial system. Strengthening the role of the judiciary helps to build respect generally for the rule of law in relation to labour recruitment. 68. The centralized location of the institutions dealing with violations of provisions in the Foreign Employment Act, such as the Department and the Tribunal, is an additional barrier for victims wishing to lodge a complaint, as they lack the funds for travel to and accommodation in Kathmandu. 69. Appeals against a decision taken by the Department of Foreign Employment have to be lodged with the Ministry of Labour, Employment and Social Protection within a very short time period of 35 days of the date of the decision. The Special Rapporteur urges the Government to ensure that appeals reach a court of second instance, such as is the case for appeals against a decision by the Foreign Employment Tribunal. Despite the possibility to appeal, he was informed that only a limited number of migrants make use of this provision, as they cannot afford to go through a lengthy process and use the compensation received to settle debts incurred in the recruitment process. H. Relationship with destination States 70. Although Nepal and other countries of origin have a role in preventing the abuse of their own nationals who migrate for work, the destination States are responsible for human rights violations committed against migrants on their territory. The Special Rapporteur heard many reports of abuse in destination States, including horrible stories of ill-treatment, such as migrants being killed or women being raped by their employers. Low-skilled 12