ASIAN DEVELOPMENT BANK RETA 5948 REG
COMBATING TRAFFICKING OF WOMEN AND CHILDREN IN SOUTH ASIA
COUNTRY PAPER
THE KINGDOM OF NEPAL
July 2002
Agriteam Canada Consulting Ltd. Helen T. Thomas, Team Leader
The view expressed in this paper are the views of the authors and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Directors or the governments they represent. ADB makes no representation concerning and does not guarantee the source, originality, accuracy, completeness or reliability of any statement, information, data, finding, interpretation, advice, opinion, or view presented. CURRENCY EQUIVALENTS (as of May 1, 2002)
Currency Unit – Nepalese Rupee Rp1.0 = .013420 $ = 81.1570
ABBREVIATIONS ADB Asian Development Bank ABC Agro-forestry, Basic health and Cooperative Nepal AIGP Additional Inspector General of Police AATWIN Alliance Against Trafficking of Women in Nepal CAC Nepal Community Action Centre-Nepal CATW Coalition Against Trafficking in Women CBO Community Based Organization CEDAW Convention on the Elimination of All Forms of -Discrimination Against Women CEDPA Centre for Development and Population Activities CELRRD Center for Legal Research and Resource Development CPN-M Communist Party of Nepal- Maoist CRC Convention on the Rights of the Child CSSAT Community Surveillance System Against Trafficking CSW Commercial Sex Worker CWIN Child Workers in Nepal-Concerned Centre DDC District Development Committee DIC Documentation and Information Centre EIA Environment Impact Assessment FWLD Forum for Women Law and Development GAATW Global Alliance Against Trafficking in Women GEFONT General Federation of Nepalese Trade Unions GTZ German Technical Cooperation HimRights Himalayan Human Rights Monitors HIV/AIDS Human Immuno Deficiency Virus/Acquired Immune Deficiency Syndrome IDPs Internally Displaced Persons IEC Information, Education, and Communication IIAG Informal International Agency Group IACG Inter-Agency Coordination Group IIDS Institute for Integrated Development Studies ILO/IPEC International Labour Organization/International Programme on the Elimination of Child Labour INGO International Non-Governmental Organization INHURED Int’l International Institute for Human Rights, Environment and Development IOM International Organization of Migration JIT Joint Initiative Against Trafficking in the New Millennium LAAC Legal Aid and Consultancy Centre MGEP Mainstreaming Gender Equity Program MLD Ministry of Local Development MWCSW Ministry of Women, Children and Social Welfare
NFE Non Formal Education NGO Non-Governmental Organization NNAGT National Network Against Girls Trafficking NPA National Plan of Action O&M Operation and Maintenance ODA Official Development Assistance RETA Regional Technical Assistance SAARC South Asian Association for Regional Cooperation SAFHR South Asia Forum for Human Rights SAP Nepal South Asia Partnership Nepal STD Sexually Transmitted Disease SUP Social Uplift Program UNDP United Nations Development Program UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund USAID United States Agency for International Development VDC Village Development Committee WOREC Women’s Rehabilitation Centre WATCH Women Acting Together for Change WACN Women Awareness Campaign-Nepal
NOTE:
In this report, Nre/NRS refers to Nepalese Rupee In this report, $ refers to US dollars
CONTENTS
I EXECUTIVE SUMMARY...... 1
II INTRODUCTION ...... 6 A. BACKGROUND TO THE RETA...... 6 B. NEPAL COUNTRY PAPER ...... 7 C. METHODOLOGY...... 8 III PROBLEM STATEMENT...... 11 A. UNDERSTANDING TRAFFICKING...... 11 B. DEFINITIONS AND DEBATES ...... 13 C. GENDER AND HUMAN TRAFFICKING...... 17 D. NATURE AND EXTENT OF TRAFFICKING OF WOMEN AND CHILDREN IN NEPAL ...... 17 E. INCIDENCE AND PATTERNS OF TRAFFICKING...... 19 IV DYNAMICS OF HUMAN TRAFFICKING...... 29 A. MACRO / EXTERNAL FACTORS ...... 33 B. SUPPLY FACTORS ...... 33 C. DEMAND FACTORS...... 51 D. IMPACTS OF TRAFFICKING...... 52 V ANTI-TRAFFICKING PROGRAM STRATEGIES...... 57 A. IDENTIFICATION OF STAKEHOLDERS ...... 57 B. ANTI-TRAFFICKING PROGRAMS...... 61 C. LINKS BETWEEN PROGRAMMING AND INTERNATIONAL GOVERNANCE INSTRUMENTS ...... 79 VI INTEGRATING ANTI-TRAFFICKING ACTIVITIES INTO ADB’S OPERATIONAL STRATEGY IN NEPAL...... 85 A. RELEVANCE OF TRAFFICKING TO ADB ...... 85 B. RECOMMENDATION ...... 86 C. COUNTRY PROGRAMMING ...... 88 D. PROJECT-LEVEL POVERTY AND SOCIAL ANALYSIS ...... 92 E. POLICY DIALOGUE...... 93
APPENDIXES
Appendix 1: Overview of Activities Appendix 2: Approach to Poverty Reduction Appendix 3: National Consultation Workshop
1
I EXECUTIVE SUMMARY
1. The alarming numbers of women and children being trafficked for forced labor or slavery- like practices (including commercial sexual exploitation) is a development concern for the Asian Development Bank (ADB). Although available statistics are limited and contested, the existing data has served to highlight the issue as evidenced by increased national attention to trafficking issues. An important dimension of inclusive development and a key focus area for the ADB involves strengthening the participation of vulnerable groups in mainstream development, reducing gender discrimination and promoting the development of social capital. ADB’s involvement in combating trafficking of women and children directly addresses its strategic goals: poverty reduction and promoting gender equality.
2. Following initial investigations in the South Asia region and discussions with the governments of Indian, Bangladesh and Nepal, the following objectives were developed for the ADB Regional Technical Assistance (RETA): (i) To increase ADB’s understanding of how its existing country programs and regional policy dialogue can be used to support and strengthen anti-trafficking efforts in South Asia; and (ii) To contribute to capacity building and other efforts by stakeholders to develop and implement policies and programming which will effectively combat trafficking in women and children in South Asia. 3. The challenge of combating trafficking is far beyond the capacity and resources of individual organizations alone, therefore the ADB sought a collaborative approach for this RETA to learn from the experiences of member countries and ask questions about what it can do to help assist and move forward to address trafficking. The methodology utilized by the RETA Team recognized that ADB should seek to bring specific value-added to an already active field of stakeholders by analyzing where the strengths and expertise of the organization lies and how to engage, as partners, those with technical experience in addressing trafficking concerns.
4. The approach to achieving the RETA objectives was based on carrying out a comprehensive analysis of the factors that induce and facilitate trafficking on the demand and supply side, and the potential for addressing vulnerabilities created by these factors in the context of ADB’s policies and ADB-assisted projects. This analysis sought illustrations of how different types of anti-trafficking activities already underway could be used in the context of sector activities such as road improvement, micro finance, women’s empowerment or other mainstream poverty reduction projects to combat trafficking of women an children. The findings of this assessment, as presented in the RETA reports, can now be used not only by ADB staff, but also by other agencies and organizations seeking to draw on a broader base of resources available through mainstream poverty reduction programs.
5. The objectives of the RETA have been achieved through preparation of Country Papers for India, Bangladesh and Nepal, and a synthesis paper of the regional findings. A supplemental report on legal frameworks and issues relevant to human trafficking in the South Asia sub-region was also prepared. In addition the RETA facilitated an exposure visit for stakeholders from India, Nepal and Bangladesh to Thailand to explore the experiences of various organizations in address trafficking from a regional perspective. The RETA Team consulted widely, reviewed the extensive literature on trafficking in South Asia, and assessed existing programming and its relevance to mainstream poverty reduction efforts. The findings were discussed with stakeholders both at National Consultation Workshops and at a Regional Workshop held at ADB headquarters in Manila. In Nepal the RETA worked with INHURED International’s Executive 2
Director, Dr. Gopal Krishna Siwakoti and Ms. Pranita Thapa, and considerable support and leadership was extended to the RETA Team from the government focal point at the Ministry of Women and Children Affairs. Valuable and sometimes time-consuming inputs were also provided by a wide range of stakeholders whose patience and generosity was much appreciated.
6. The findings of the RETA Country Paper for Nepal confirm that the dynamics of trafficking reach across the South Asia region, where, despite specific and different historical and cultural circumstances, similarities among the three countries included in the RETA are clear. Extensive consultations verified that there is a severe lack of concrete data from which to build an accurate picture of the scope of trafficking. Traffickers go to great lengths to avoid monitoring of their illegal activities and any available data must be treated with caution. However, it was stressed very strongly that while concrete data is limited, this does not mean that government and international agencies should discount the magnitude of the trafficking problem. Trafficking appears to take place within Nepal - about which there is the least amount of data available. The current conditions of civil unrest and conflict in many part of Nepal are understood to have caused extensive displacement of those already highly vulnerable to being trafficking - women and children traveling or migrating alone. The magnitude of this problem is not fully understood but stakeholders see these conditions as likely to rapidly intensify the activities of trafficking networks. Many hundreds of thousands of women and children are estimated to have been trafficked out of Nepal, either directly or once they had migrated voluntarily. Many remain in India or are taken on to other countries in Asia or elsewhere.
7. The lack of data and solid body of research has also lead to the building of certain myths and assumptions about trafficking that need to be questioned; for example that trafficking is usually for the purposes of prostitution, when there is evidence of the use of trafficked labor as domestic workers, or in factories. Assumptions that most trafficking incidents starts with kidnapping are also false, as coercion or deception by traffickers frequently occurs as part of a migration experience. Understanding why those vulnerable to trafficking migrate in the first place, and how to make migration a positive experience is key to addressing the risks mobile populations face. Increasing the understanding of the links between migration and trafficking is perceived as a priority issue for most anti-trafficking stakeholders in Nepal.
8. It is also frequently assumed that all trafficked persons desire to return home, whereas they may have initially left home before being trafficked to escape an abusive environment. Stigmatization by other community or family members might also make return difficult if not impossible. Adopting a rights-based approach to rescue and reintegration is vital if these efforts are to be positive and provide sustainable outcomes for the trafficked person. The complexity of trafficking, the links with visceral issues such as commercial sex work and exploitation of children, and the politics of migration management has meant that there is much contention over the definition of trafficking and the types of policies and programming that would effectively combat this serious crime and affront to basic human rights.
9. Consensus is evolving through UN international mechanisms on a working definition for trafficking. In this context it is important to clarify that this RETA employed the following definition: “Trafficking in persons means: (i) The recruitment, transportation, purchase, sale, transfer, harboring or receipt of persons: by threat or use of violence, abduction, force, fraud, deception or coercion (including the abuse of authority), or debt bondage, for the purpose of: 3
(ii) Placing or holding such person(s), whether for pay or not, in forced labor or slavery-like practices, in a community other than the one in which such person lived at the time of the original act described in 1.”1 10. Another area of consensus is that gender-based differences and attitudes play an important role in both the supply and demand dynamics of trafficking. From what data is available in South Asia, it appears that the “worst forms” of trafficking relate to the illegal movement of women and children for the purposes of exploitation in sectors such as commercial sex work, and child labor of all forms2, and the low status of women increases their vulnerability as targets of traffickers and limits their options as survivors seeking a new life. The ADB’s strong commitment to redress gender imbalances and to contribute to women’s empowerment through its operations provides a strong rationale for the RETA to consider the issues associated with combating the trafficking of women and children, as those most frequently harmed by and vulnerable to its effects.
11. In order to explore potential entry points to address trafficking through poverty reduction initiatives in Nepal, the RETA analyzed the complex factors that push or pull the vulnerable into situations of high risk to be recruited by traffickers, and those that create a demand for exploitable labor. The most commonly identified push factor that starts the trafficking process is poverty. The necessity to meet basic needs, in combination with other factors is the most commonly identified motivation to migrate or to encourage a family member to leave. An understanding of the non-economic elements of poverty – lack of human and social capital, gender discrimination – is also necessary to identify the most vulnerable to marginalization from the development process and, simultaneously, to trafficking. Governance issues also play a role in allocating resources and services in a community and those living in poverty tend to have limited access to these development opportunities, reinforcing their vulnerability to trafficking. Other pull factors, such as images drawn from the media and stories from returning migrants entice many into migrating under ill-informed and risky circumstances.
12. Macro-factors such as the impacts of globalization, employment, trade and migration policies and conflicts and environmental disasters can put into motion circumstances that increase vulnerabilities. Development-induced risks also play a role. The demand for exploitable labor in sectors where harsh and criminal working conditions go undetected also create a pull effect on those already vulnerable. For example, the demand for younger and younger sexual partners - girls and boys frequently as young as 10 or 11 years old - in the commercial sex sector is linked to many clients seeking HIV/AIDS free partners. For as long as these demands exist, opportunistic traffickers will fill that niche.
13. As quoted by Coomaraswamy: “traffickers fish in the stream of migration”3 and can easily identify those who are most easily deceived or coerced, so building resistance among migrants to ensure that migration experiences bring positive outcomes is another important aspect to addressing trafficking concerns. The characteristics and dynamics of the demand for trafficked labor in many sectors is another area less well understood than the supply factors. The economy of trafficking currently afford adequate enough profits to many, and huge profits for some, to counter the potential for prosecution. Many argue that until the demand for trafficked labor is curbed, these profits will continue to attract criminals to continue to exploit the desperate and perpetrate gross human rights violations. The negative impacts of trafficking are also
1 Coomaraswamy, Radhika. 2001. Addendum Report to the Human Rights Commission regarding Mission to Bangladesh, Nepal and India on the issue of trafficking of women and children (October-November 2000). 2 Skeldon, R. Trafficking; A Perspective from Asia, International Migration, Special Issue, 2000/1 3 Coomaraswamy, Radhika. 2001. Addendum Report to the Human Rights Commission regarding Mission to Bangladesh, Nepal and India on the issue of trafficking of women and children (October-November 2000) 4 considerable. No information or analysis is currently available but it would seem undeniable that the social, economic and health impacts are undermining development efforts at many levels.
14. A theme that emerged from the RETA research, and was strongly endorsed through the consultations with stakeholders, is the need for clarity and caution when developing operational steps to address aspects of trafficking. Challenges exist when developing programming in areas such as: Migrants need protection and policies and programs to facilitating safe migration, but such activities have been used to exclude women from migrating or to limit the flow of migrants thus stagnating the important role of migration in development. New immigration policies might also create new niches for opportunitistic traffickers to exploit; Communities need to be made aware of the harm trafficker cause when they arrive in their midst, but without causing suspicion of newcomers or marginalizing those already considered “different”; Labor standards must be addressed to curb the demand for trafficked labor, but this is very challenging in the informal sectors and fraught with suspicions in the formal sectors concerning opportunistic measures by developed countries to limit trade from economies with cheap labor; Prevention campaigns and safe migration programs might simply drive traffickers away from that community to an area where they are less likely to be noticed; and, Targeting the vulnerable and source areas is difficult as the modus operandi of traffickers must be flexible to fill demand niches as they emerge and be ready to change their routes or source areas to evade prosecution. 15. The Nepal Country Paper also identifies key stakeholders involved in combating trafficking in respective countries and the types of programming underway. This information provides examples of types of anti-trafficking initiatives that could be incorporated into ADB operations as well as background on potential partners among government and NGO stakeholders.
16. The key finding from the RETA is that there is considerable potential for collaboration by ADB with and among existing stakeholders to address trafficking concerns through poverty reduction programming, particularly in the area of prevention and reducing vulnerabilities of those most at risk. The challenge lies in creating mechanisms to improve targeting and identification of risks. ADB policies and guidelines are already in place to address specific aspects of poverty reduction, for example concerning gender equality, governance, resettlement and social protection. These can be used and expanded to incorporate trafficking concerns. There are also several areas of research and dialogue where ADB’s expertise and unique position in the region can be used to make progress, for example, in curbing the demand for trafficked labor, especially in the informal sector, to encourage collaboration among governments regarding trade and migration policies and to assess the impacts of trafficking on regional development and integration efforts.
17. There is potential for ADB operations to address trafficking in the following ways: target those most vulnerable to trafficking, especially women and children; assess the impacts of ADB operations to take up opportunities to prevent, minimize and mitigate development induced risks; rebuild social and human capital among mobile (or potentially mobile) populations in emergency loans and assistance in post-conflict reconstruction 5