A/HRC/38/41/Add.1 complaints received, so that proper policy measures can be taken by the Nepalese authorities. F. Return and reintegration 54. The Special Rapporteur welcomes the establishment of the welfare fund, providing compensation for those who have sustained injuries or an illness that resulted in disability and/or loss of job and for the deaths of migrant workers. It also provides for the “rescue and repatriation” of migrants. He also welcomes the increase in the welfare schemes from Nrs 300,000 ($3,000) to Nrs 700,000 ($7,000). 55. When they return to Nepal, migrants often face the same social and economic challenges that pushed them to migrate in the first place, which ultimately leads to remigration. Women find this particularly challenging, as they face additional social stigma because of their migration. 56. Women who are pregnant because of rape are not able to return to their families, husbands and children, because of the social stigma, which leads to very complicated personal situations and family breakdowns. The Special Rapporteur observes that these are not anecdotal cases but are part of the reality of many migrant women. He welcomes information about the existence of rehabilitation centres for migrant women in 10 districts. He notes the need to increase their number and that psychosocial counselling should be part of the basic services made available in the shelters. 57. The Special Rapporteur was informed that rehabilitation for victims of trafficking and forced labour was often available only in relation to trafficking for sexual exploitation. In addition, reintegration is a major challenge because of the social stigma attached to trafficked victims. 58. The Special Rapporteur strongly encourages the authorities to develop and strengthen migration policies which meet the needs of returnees, facilitate their reintegration into the labour market and recognize their experience and the skills they have acquired abroad. 59. The “safer migration” project is a step in the right direction. Operating in 20 districts under the auspices of the Ministry of Labour, Employment and Social Protection, its migrant resource centres provide skills training, awareness programmes for foreign employment and financial literacy programmes for departing and returning migrants. It also offers psychosocial counselling, access to justice and financial support to start small businesses, and skills development activities for returnees. The Special Rapporteur notes the important work done by civil society organizations and district development offices in implementing such projects. 60. He further welcomes the implementation of a project developed by the Ministry of Industry, Commerce and Supplies, which seeks to link returned migrants to microfinance institutions for the establishment of small businesses. Investing in sustainable returns, including by supporting business initiatives and using the experiences of Nepalese who have migrated, should be a key priority for the Government. Labour migration has the potential to support sustainable development through upskilling of workers who are able to make additional contributions upon their return. G. Access to an effective remedy 61. According to the accounts the Special Rapporteur heard, many migrants face serious barriers to accessing remedies when they are exploited and abused during or as a result of the recruitment process. 62. Although the offences under the Foreign Employment Act are criminal offences, the Complaints Registration and Investigation Section in the Department of Foreign Employment has the jurisdiction to investigate with the same powers as the police. According to the act, the Department has jurisdiction over administrative issues, but can 11

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