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Trafficking in Persons Especially on Women and Children in Nepal

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Trafficking in Persons Especially on Women and Children in Nepal TRAFFICKING IN PERSONS ESPECIALLY ON WOMEN AND CHILDREN IN NEPAL National Report 2011 National Human Rights Commission Office of the Special Rapporteur on Trafficking in Women and Children Harihar Bhawan, Pulchowk, Lalitapur, Nepal December 2012 The Commission Chairperson Hon. Justice Kedar Nath Upadhyay Members Hon. Justice Ram Nagina Singh Hon. Gauri Pradhan Hon. Dr. Leela Pathak Hon. Dr. K.B. Rokaya Secretary Mr. Bishal Khanal Published by : National Human Rights Commission Copy Rights © : National Human Rights Commission P.O. Box No.: 9182 Ph. No.: 5010015/16/17/18, Ext 138 E-mail: [email protected] Website: http://www.nhrcnepal.org Report No. : NHRC Publication 162 Publised Date : December 2012 Copies : 1500 Supported by : Strengthening the Capacity of National Human Rights Commission (SCNHRC) Project Printed at : Sopan Press Pvt. Ltd., Dillibazar, Kathmandu Foreword Human trafficking has a long history. During the 18th and 19th centuries, African natives were trafficked to Europe and America to work as slave. Slavery, as such, had been disbanded long since after the prohibition of slave trade. Still trafficking persists on as modern form of slavery. Human trafficking spreads across the countries of the world. Men, women and children are vulnerable to this modern form of slavery due to economic, social, cultural and political environment of the country in which they live. Women and girl children are more vulnerable and seriously affected. The cycle of Trafficking in Persons in the perspective of origin, transit and destination affects all countries around the world. Thus, Trafficking in Persons is a global issue and requires international cooperation for combating with this form of crime. There have been a series of national and international commitments for combating Trafficking in Persons and protection of human rights of victims. The Universal Declaration of Human Rights (UDHR), Convention of Elimination of All Forms of Discrimination against Women (CEDAW), Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, United Nations Convention on Transnational Organized Crime (UNTOC), Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2000 (Palermo Protocol), SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution are key international and regional legal instruments for the combating trafficking. As a signatory and ratifying state of these treaties, conventions and resolutions, the Government of Nepal (GoN) has formulated national laws, Plan of Action and policies to prevent and combat trafficking in persons. The National Human Rights Commission (NHRC) has been paying special attention to dealing with the problem of trafficking in persons focusing on collective rights such as rights of the child, women’s rights and rights of the migrant workers. The strategic plans of NHRC (2004-2008; 2008-2010 and 2011-14) stress on combating Trafficking in Persons through advocacy and policy recommendation. The Office of the Special Reporters on Trafficking in Women and Children is to conduct activities and studies which help to combat trafficking in women and children. In fulfilling this duty, NHRC has been publishing the National Report on Trafficking in Person, especially Women and Children since 2005 along with recommendations to the GoN. This Report 2011 is the fifth in the sequence. Utilizing both primary and secondary data, this Report focuses on situation of trafficking in persons in Nepal; nexus of foreign labor migration and trafficking; monitoring of initiatives of anti-trafficking activities and legal framework, law enforcement status and judicial responses to trafficking. The Report reveals that the number of trafficking cases filed in Nepal Police is far lower than the figure often quoted by activist engaged to combat trafficking. However, the scope and nature of human trafficking has widely expanded. Trafficking of girls to Khasa, Tibet for sexual exploitation, to Korea for marriage purpose and trafficking of men and women for labor and sexual exploitation beyond India has become regular trend. Child trafficking for the purpose of sexual exploitation and labor exploitation including engaging in circus is reported within Nepal and to India. Evidence suggests that there is a nexus between intercountry adoption and trafficking of children. On the basis of NGOs information on interception, rescue, repatriation and missing application received, this Report estimates 11,500 persons are trafficked or attempted to traffic in 2011. This figure was about 5,500 in 2010. One of the key factors contributing to increase in trafficking in persons in Nepal is the deception, fraud involved in foreign employment processes from pre-departure to transit and exploitative working conditions at the destination countries. The Report comes to the conclusion that although the GoN introduced National Plan of Action against Trafficking in Persons 2011-2016, National Child Protection Policy 2011, Foreign Employment Policy 2011 including operational guidelines for rehabilitation center, protection and care of victims/survivors of human trafficking and child care homes, the implementation status of these measures is severely lacking. There is also lack of effective monitoring mechanism to ensure the fulfilment of promised measures. The Report reveals that the GoN has not fully complied with the ILO Convention No. 29 on Forced Labor while managing the recruitment of foreign employment. The Report concludes that following should be the priority agenda for combating trafficking in persons in Nepal: designing comprehensive prevention interventions (education and awareness, data collection and research and socio- economic intervention) is a must. Further, reviewing and effectively implementing the Human Trafficking and Transportation (Control) Act, 2007 for effective prosecution and protection of the trafficked survivors is needed. Strengthening efforts to cooperate at the international, regional and bilateral levels and ratifying the United Nations Protocol on Trafficking and UN Convention on Rights of the Migrant Workers and their Families 1990 are crucially important to prevent and combat trafficking in persons for sexual and labor exploitation. The NHRC Commissioners, the Secretary-NHRC, deserve special thanks for their inputs in this report. Mr Kamal Thapa Kshetri, Human Right Officer of the office of the Special Rapporteur has worked hard in conceptualizing, writing, co-coordinating and organizing the consultation and interaction program with representatives of Government, International and National Non-Governmental Organizations, and UN agencies to bring this Report to this stage. The Project on Strengthening the Capacity of National Human Right Commission (SCNHRC) also deserves thanks for its technical and financial support .Dr. Govind Subedi; the consultant is to be thanked for his efforts to prepare the Report in this shape. Ms Padma Mathema, who had been previously working as the special Rapporteur, deserves appreciation for her support. She has been helping the staff of commission quite occasionally even after the expiry of her tenure in the commission. Similarly, NHRC-Nepal also acknowledges the cooperation received from the Alliance Against Trafficking in women and Children (AATWIN) and The Asia Foundation. I believe that this Report will contribute to provide a reference for monitoring and evaluating policies, Act and programs along with policy references. At the end, NHRC would consider this Report to be fruitful if it would contribute to bring effectiveness in the implementation of policies and program on combating Trafficking in Person. Kedar Nath Upadhyay Chairperson National Human Rights Commission Report Writing Team Kamal Thapa Ksetri : Human Rights Officer, NHRC-OSRT Dr. Govind Subedi : National Consultant Nisha Ghimire : Intern, NHRC-OSRT Mili Shrestha : Intern, NHRC-OSRT Acronyms and Abbreviations AATWIN Alliance against Trafficking in Women and Children in Nepal ABA-Roli American Bar Association- Rule of Law Initiatives Nepal ARV Anti Retro Viral CAP Center for Awareness Promotion CBOs Community Based Organizations CBS Central Bureau of Statistics CC TV Close Circuit Television CCWB Center Child Welfare Board CDO Chief District Officer CEDAW Convention for the Elimination of Discrimination against Women CeLRRd Center for Legal Research and Research Center CRC Convention on the Rights of Children CROs Child Rights Organizations C-TIP Combating Trafficking in Persons Program CWIN Child Workers in Nepal DCPC District Child Protection Committee DCWB District Child Welfare Board DIG Deputy Inspector General DoFE Department of Foreign Employment DWCS Directorate of Women and Children Service EBMF Easter Benjamin Memorial Foundation EDPs External Development Partners FEA Foreign Employment Act FEPB Foreign Employment Promotion Board FER Foreign Employment Regulation FGD Focus Group Discussion FIR First Information Report FPAN Family Planning Association of Nepal FWLD Forum for Women, Law and Development FY Fiscal Year GCC Gulf Cooperation Council GDP Gross Domestic Product GFMD Global Forum on Migration and Development GFONT General Federation of Nepalese Trade Unions GOs Governmental Organizations GoN Government of Nepal HTTCA Human Trafficking and Transportation (Control) Act I/NGO International/Non-governmental
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