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
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