ASIAN DEVELOPMENT BANK RETA 5948 REG

COMBATING TRAFFICKING OF WOMEN AND CHILDREN IN SOUTH ASIA

COUNTRY PAPER

THE KINGDOM OF

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 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

encourage safe-migration; and, stem demand for trafficked labor, especially in informal sector and among small and medium enterprises (SMEs). 18. The following general steps can be used by ADB staff to mainstream trafficking into ADB operations: Where possible, flag the issue of trafficking in subregional strategies (e.g. Subregional Cooperation Strategy and Program - SCSP) and country analysis and strategies (e.g. country poverty analysis, CSP and CSP updates and country gender analysis and strategy). Include the analysis of groups that are particularly vulnerable to trafficking in IPSA and PSA. In particular, include mobile population into the analysis as well as women and children. Develop project designs that would directly and indirectly combat and reduce human trafficking. Identify and work with partners (e.g. Ministries, NGOs, private sector including contractors, donors etc.) to develop and implement anti-trafficking project components Where non-lending products and services (e.g. TAs and sector and thematic works) provide opportunities, consider addressing trafficking Raise awareness among relevant ADB staff including dissemination of findings of the reports produced un the RETA through various means such as: a) publication, external website, and relevant committees and networks; b) developing pilot projects with the initiatives of Regional Departments in collaboration with RSPR; and c) developing guidelines and good practices on contractors’ codes of conduct and loan covenants in collaboration with COPP and OGC. 19. As stated in the closing remarks by the Director General, South Asia Department at the RETA Regional Workshop, ADB is committed to addressing trafficking concerns and since the adoption of the Poverty Strategy there is greater rationale and potential to incorporate such concerns and new sources of funding are now available. The mandate of ADB also directly includes the promotion of regional cooperation. Trafficking is a serious limit on the positive forces of development, and bringing additional resources from broad based poverty reduction projects to address the root causes of vulnerabilities and risks must be encouraged. ADB will continue the commitment demonstrated by the RETA and now seek other opportunities and means to combat trafficking in all its operations. 6

II INTRODUCTION

A. Background to the RETA

20. Assisting developing member countries to reduce poverty, and improve the living conditions and quality of life is the mission of the Asian Development Bank (ADB). Being anchored in the Asia and Pacific region ADB has the responsibility to respond to new issues and those emerging as priorities in the region. The benefits of development will have to reach all groups that make up the region’s poor including women and children for developing member countries to achieve sustained and equitable development. 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.

21. 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 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. ADB’s involvement in combating trafficking of women and children directly addresses the strategic goals of the ADB: poverty reduction and promoting gender equality.

22. In July 2000 ADB fielded a mission to Nepal, Bangladesh and India to assess the human trafficking issues confronting the region. The Mission met with representatives of the government, donors and Non-Governmental Organizations (NGOs) active in anti-trafficking initiatives. During these initial meetings the potential role of ADB in fighting trafficking in the region was highlighted and where ADB’s specific expertise and profile in the region can add value to on-going endeavors. The challenge of combating trafficking is far beyond the capacity and resources of individual organizations alone. It requires a coordinated and concerted effort.

23. Following the July 2000 Mission and a further preparation period, a Regional Technical Assistance (RETA) started in July 2001 for India, Bangladesh and Nepal with the following broad objectives: 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, 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. 24. These objectives were framed around the ongoing activities of a wide range of stakeholders including government departments and NGOs, which have developed specific expertise and capacities in different areas of programming. The recommendations of the RETA therefore seek to make a contribution to these ongoing efforts in a complementary and collaborative manner. There have also been a series of events associated with combating trafficking of women and children anticipated in the region, including: the preparations for the Second World Congress against Commercial Sexual Exploitation of Children in Yokohama in December 2001, which included reviewing/establishing National Plans of Action to combat trafficking; and, 7

the signing of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (SAARC Trafficking Convention) in January 2002.

25. During international and regional meetings associated with these events, many stakeholders identified that, as poverty has such a strong connection with trafficking, poverty reduction programming of large development agencies should target those most at risk to trafficking more effectively. Given the ADB’s extensive involvement in poverty reduction programming, its particular contribution can be to mainstream anti-trafficking initiatives into the Country Program strategies and regional policy dialogue and hence ensure those most at risk to being trafficked benefit from these efforts.

26. The objectives of the RETA have been achieved through: preparation of Country Papers for India, Bangladesh and Nepal; a Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia; a synthesis paper of the regional findings presented at a Regional Workshop in Manila, in May 2002; and an exposure visit to Thailand.4 The ADB RETA Team is led by Ms. Helen Thomas of Agriteam Canada and comprises six members across the region. The RETA in Nepal worked with Dr. Gopal Krishna Siwakoti and Ms. Pranita Thapa from the International Institute for Human Rights, Environment and Development (INHURED International). Mr. Bijay Kumar Maharjan and Kiran Mali provided vital additional support in graphic design and computer setting along with the entire INHURED staff. Ms. Rita Litwiller, research scholar at INHURED also provided assistance during the National Consultation workshop and commented on drafts of the paper.

27. Assistance was provided to the RETA Team by several staff at the ADB Nepal Resident Mission, including Dr. Ava Shrestha, Dr. Chong Chi Nai, and Ms. Laxmi Sharma. Thanks are also appropriate to the Executive Director, Melamchi Water Supply Development Board Mr Raj Kumar Malla and Ms. Mangala Karanjit and all the community members who gave generously of their time during field visits.

28. During interviews and meetings, many stakeholders made invaluable contributions and have kindly provided the RETA team with important materials. Contributions by stakeholders who attended the National Consultation Workshop, held in March, 2002 were also key to sharpening the findings of the work in Nepal, and were greatly appreciated in light of the other extensive time commitments for those who attended. Three government and three NGO stakeholders from Nepal were also represented at the RETA Regional Workshop in Manila in May 2002, and provided valuable insights to the discussions. Particular thanks must be extended by the RETA team to Ministry of Women, Children and Social Welfare (MWCSW), and in particular Mr. Pratap Pathak, Joint Secretary, who provided ongoing support to the ADB staff and RETA Team including extensive comments on this Country Paper. Special thanks must also be extended to the staff of INHURED International who extended their time and support to the RETA Team Leader without hesitation and with much generosity.

B. Nepal Country Paper

29. The objective for the Nepal Country Paper is to increase the understanding of how to mainstream trafficking concerns in poverty reduction programming through an analysis of (a) key issues (e.g. existing statistics, pull-push factors, legal framework, and gaps in bilateral-

4Reports for each of these outputs are available for downloading at http://adb.org/Gender/reta5948.asp. 8 multilateral agreements5); (b) mapping of source and transit areas and destinations; (c) mapping of key stakeholders and their activities; (d) identification of gaps in legislation, policy, institutional frameworks and other areas. The findings of this analysis is complemented by good practices from a range of anti-trafficking initiatives illustrating practical ways to mainstream these concerns into a range of related development assistance initiatives. The paper also includes two case studies illustrating how trafficking concerns could be integrated into existing project activities in ADB projects in Nepal.

30. During the course of the RETA, the much-awaited SAARC Trafficking Convention was signed at the SAARC Heads of State Meeting in in January 2002. The SAARC Convention validates the approach taken by the ADB’s RETA to exchange good practices in the South Asia region, as Article VIII Clause 7 states: The State parties to the Convention shall endeavor to focus preventive and development efforts on areas, which are known to be source areas for trafficking. 31. The Government of Nepal has also adopted a comprehensive National Plan of Action (NPA) that includes broad-based objectives and activities. These objectives require high levels of collaboration among different government and NGO stakeholders, which can be encouraged through mainstreaming these concerns into poverty reduction and other development efforts.

C. Methodology

32. The RETA team in Nepal took the following steps in the preparation of the Country Paper: Participated in the RETA Inception Workshop in Delhi that reviewed and revised the original project scope in light of initial findings from all three RETA countries; Reviewed existing data in regarding the range of issues associated with trafficking of women and children; Consulted stakeholders (NGOs) directly involved in programming; Collected information regarding several ADB projects, traveled to project sites to review existing anti-trafficking programming in the area; to identify good practices and explore entry points for incorporating anti-trafficking initiatives; Developed recommendations for the ADB regarding mainstreaming of trafficking concerns into ADB’s activities in Nepal. These recommendations were developed using ADB’s comprehensive poverty reduction framework for the analysis of the nature and extent of trafficking in Nepal. Conducted a National Consultation Workshop to present the findings of the RETA for Nepal and solicit verification and discussion of findings and to develop additional recommendations to be incorporated into the final Country paper. (See Appendix 3 for Summary Proceedings) Conducted a Regional Workshop in Manila to present the findings of the RETA to stakeholders from all three countries involved as well as relevant staff from ADB

5 Analysis is included in RETA 5948 Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia.

9

Headquarters to apply the country level recommendations to a regional context and promote dialogue among regional stakeholders regarding the overall findings. Prepared final Country Paper that incorporated findings and recommendations from stakeholders and ADB and case studies illustrating good practices to assist in implementing recommendations. 11

III PROBLEM STATEMENT

A. Understanding Trafficking

33. Human trafficking in Nepal is not a new phenomenon. For hundreds of years the movement of kidnapped or bonded labor has taken place. Human trafficking was an integral part of the traditional economy of Nepal, and the cycle of movement of people within South Asia. Recent studies and analysis are demonstrating changes in the process and economy of trafficking in the South Asia region as it becomes more integrated into transnational criminal activities and the demands for trafficked labor adjust to globalizing economic structures. In order to understand the phenomenon and hence develop strategies to combat a vicious and harmful criminal activity for trafficked persons and communities alike, it is important to outline some definitions and descriptions of the modus operandi of traffickers.

34. Human trafficking is increasingly recognized as a complex process, involving a series of episodes for the trafficked person6 requiring markedly different responses from governments or communities. These episodes might start with a desire or need to leave their home / community or migrate, followed by an encounter with a trafficker leading to coercion or deception and to highly harmful and exploitative working situations. For other trafficked persons, the process might start with family members handing over responsibility for their safety and well being to others known to them, and then end up trafficked by a third set of actors. The trafficked person after some time might prefer to remain away from their original community, despite the exploitation and harm they have suffered. The options for returning home may involve further stigmatization, lack of control over their lives and no opportunities for economic survival. Some argue that most trafficked persons remain migrants, often moving on to less exploitative situations. What is clear is that a trafficking episode changes a person’s situation for life.

35. As there are relatively few cases of kidnapping it is important to understand the motivation or need behind why a trafficked person was convinced or voluntarily moved in the first place and who or what influenced that decision. This information can assist in building resistance to traffickers. Poverty or the failure to meet basic needs, social exclusion, insecurity or stigmatization are often identified as the initial motivating factor and provide a starting point to address these concerns. ADB has potential to contribute to addressing those factors that may result in a trafficking experience through its operations in Nepal.

36. For traffickers, the process is a systematic, well-organized economic phenomenon, involving the displacement and movement of persons solely to profit directly or indirectly from the exploitation of the trafficked person’s labor. Trafficking offers opportunities to make quick cash for many, and for some it garners extremely high profits. Some forms of human trafficking have existed for thousands of years, while others take advantage of opportunities presented by emerging economic niches.

37. Traffickers take advantage of vulnerabilities in others, many of which are the outcomes of poverty, poor governance (for example limited law enforcement or implementation of labor standards), social exclusion or gender discrimination. Desperate circumstances often lead migrants to take difficult decisions and lead them into situations of great risk and vulnerability. Again, these are factors that can be addressed as part of ADB poverty reduction operations and thus contribute to combating trafficking.

6 Many people argue that using the term “victim” to describe someone who has been trafficked is disempowering, therefore, for this paper the term “trafficked person” will be used. 12

38. The persistence, and apparent recent increase in human trafficking can perhaps be understood in part as an inextricable aspect of the “modernization” or development process. Vulnerability to trafficking is linked to some of the changes that come with modernization, for example: individuals migrating to seek new prospects as their horizons are opened through education or access to new media; the movement of rural populations to cities as traditional livelihoods are disappearing; those excluded from the development process are forced to move to meet their basic needs. A key finding of the RETA is that if such risks are minimized as development programs are implemented, then trafficking can be curbed and the harm it causes reduced. The minimizing of these same risks of exclusion and vulnerability is also the objective of ADB’s poverty reduction strategy.

39. Despite the increasing global recognition that responses to human trafficking must be more effective to stem this harmful process, there remains great contention amongst activists, policy makers, legislators and survivors about the definition and means to combat the full range of human trafficking activities. This lack of consensus highlights the following aspects of trafficking: (i) The highly complex nature of human trafficking processes that affect many different actors –trafficked persons, their families, communities, and other third parties recruiting, transporting, harboring and using trafficked labor. (ii) The difficulty if not impossibility, to quantify the scope of trafficking, because of its illegal character. Those profiting from it seek to obscure their activities and encourage complicity from as wide a range of actors as possible, through coercion and offers to share in profits, in order to enhance their impunity from prosecution. (iii) The mechanisms, routes and destinations for human trafficking change rapidly according to economic conditions and risks involved. For example: in response to changes in immigration regulations, traffickers seek new channels to make profit; as labor demands change, coercion methods shift to ensure a suitable supply of victims is available. This makes it difficult to generalize about the modus operandi of traffickers or to ensure that new legislation, while preventing one form does not create new opportunities in other areas. (iv) Because of this complexity and the need for traffickers to respond to prevailing legal, economic and social conditions, the causes and characteristics of human trafficking vary greatly from region to region, country to country. (v) Human trafficking supplies labor for many sectors, including commercial sex work (CSW). Any analysis, policies or programming in this sector raises numerous moral and visceral responses from different stakeholders leading to significant differences in ideological approaches to address trafficking concerns. There are also similar debates around definitions of children and their roles in the work force, which complicate and often delay responses. (vi) Human trafficking involves gross violations of human rights, great human suffering and yet appears to be very difficult to combat. Despite increasing investments from government, donors and civil society organizations, evidence seems to suggest an increasing incidence of human trafficking as the demand for this form of exploitable labor persists. (vii) The links between human trafficking and migration theory are not well understood or explored, and consequently the role migration management can play in addressing trafficking has been largely ignored by policy makers and development planners alike. 13

40. This paper seeks to clarify some of the debates concerning the definition, causes and effects of trafficking and to consider strategies for addressing some of the causes of trafficking of women and children in Nepal. The paper will start by reviewing the nature of trafficking itself in Nepal. This will be followed by an analysis of the causes of trafficking, examining the supply and demand ends of the process, push – pull factors and assess who is most vulnerable to being entrapped into these difficult and dangerous circumstances. A section follows this on the anti- trafficking strategies adopted by stakeholders in Nepal. Finally the paper will look at ADB’s program in Nepal and identify where anti-trafficking activities might be integrated into ADB’s overall poverty reduction approach and policy dialogue.

B. Definitions and Debates

41. The foundation definitions of human trafficking used by activists and other stakeholders are those identified in United Nations (UN) conventions, protocols or other multi-lateral instruments as they seek to establish norms upon which national and bilateral legislation, agreements, policies and programming can be set. These definitions have evolved over recent years as the need has emerged to sharpen a common understanding of the process and economy of trafficking7.

42. A UN General Assembly (1994) resolution defined human trafficking in a broad manner incorporating many forms of exploitative and oppressive work situations (including prostitution and forced labor of any kind). However, it only included specific cross-border movements and did not cover the extensive internal trafficking that takes place in a region such as South Asia.

43. Early definitions also made no distinction between: a) prostitution as a form of labor which can take place in the form of services between two consenting adults; and b) forced prostitution of trafficked persons. Without these distinctions, any form of prostitution or CSW would be considered as trafficking, providing additional support to those advocating the complete banning of prostitution as a means to combat trafficking. More recent definitions recognize implicitly the right of prostitutes to chose to work in this sector. However, it is important to stress that under Article 34 and 35 of UN Convention on the Rights of the Child (CRC) 1989, any form of sexual exploitation, sale of or trafficking in children is an abuse of their human rights.

44. UN definitions also do not place trafficking clearly into the context of on-going migration. Distinctions between involuntary and voluntary migration are unclear in all definitions and have not recognized the need to make migration safe for those who choose to move, especially across borders. For example, in response to cases where employers have abused women who migrated voluntarily, some South Asian governments have sought to “protect” women by restricting their right to leave the country as unskilled migrant workers. This implies that any migrant woman who is abused is trafficked, which is not necessarily an accurate reflection of her experiences. The response also excludes trafficked women who still migrate outside their country from any protection from their government once they fall into difficult circumstances. Adult women should have the same rights as adult men to migrate.

45. Another important aspect of any definition is to distinguish between the rights, needs and interests of women as distinct from those of children. Women and children are particularly vulnerable to trafficking for a series of reasons, but they are not the same reasons. Minors have distinct needs for the protection of their rights. However, under some legislative jurisdiction,

7 A more detailed discussion of legal definitions and evolution of UN international mechanisms to combat human trafficking, please refer to the RETA 5948 Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia. 14 women are considered to require the same protection as minors, restricting their rights as fully fledged individual adults, denying women the rights attached to adulthood, such as the right to have control over one’s own life and body. The conflation of women’s and children’s interests also emphasizes a single role for women as caretakers of children without acknowledging the changing nature of women’s role in society. A notable example is not accounting for women’s increasing role as the sole supporter of dependent family members and, consequently, as economic migrants in search of work. Nearly half of the migrants in the world today are women 8

46. Many definitions and discussions of concepts of human trafficking also focus on trafficked persons and place less accountability on governments to prosecute perpetrators. The most recent UN definition if trafficking is contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000), which supplements the UN Convention Against Transnational Organized Crime (2000), places much greater responsibility on states to punish those responsible for trafficking, including consumers of trafficked labour. However, in many countries, including Nepal, national constitutional protection and legislation do not have similarly comprehensive approaches to address human trafficking. An assessment of the implications of the gaps in legislation in Nepal and efforts from stakeholders to address these gaps is provided in the RETA Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia.

47. In October and November 2000, the Special Rapporteur on , Ms. Radhika Coomaraswamy, traveled to Bangladesh, Nepal and India and prepared a report to the Commission on Human Rights on the issue of trafficking of women and girls. In this report she used a definition of human trafficking that is both clear and simple and covers the most basic characteristics of human trafficking from which a more complex analysis can be drawn. The definition is used in the RETA analysis and is as follows: “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: 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.”9 48. These debates over definitions of human trafficking may seem relatively unconnected from moving forward on combating trafficking activities within communities. The definitions also fail to paint an adequately complex picture of the experiences of trafficked persons who set out on their journeys into trafficking for such a huge range of reasons, and end up in an equally wide range of situations. However, especially for areas where there are strongly held ideological differences (women’s right to movement, sexual choice etc.), establishing internationally acceptable standards and norms has proved vital in progressing on forming an objective framework for counter mechanisms to be developed and implemented at national levels. The next step is to identify, within a rights-based framework, how best to address different aspects of the causes and effects of trafficking.

8 www.gaatw.org website and information based on data from IOM and ILO among other organizations 9 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). 15

49. To assist in understanding what can be considered trafficking, the Country Paper builds on widely adopted definitions to identify key characteristics that form the framework for the analysis. The key characteristics are: (i) The existence of demand for exploitable labor for certain types of work, for example, CSW, bonded labor in some industrial and agricultural sectors; domestic work, begging, entertainment sector – including camel jockeying. The types of work facilitate maintaining highly exploitative working conditions that are gross violations of human rights and labor standards in locations and conditions that are difficult to monitor or address through regular means. (ii) Recruitment and working conditions are characterized by coercion, lack of consent, and an inability for the trafficked person to make choices, once the process of trafficking has begun. Recruiters use many forms of coercion ranging from false promises to threats of and actual violence. Trafficked persons are often required to conspire with the perpetrators to avoid detection as they move to the place of work. Once working, conditions might include debt bondage, slavery- like practices10 ensuring no escape and reinforcing the sense of absolute “ownership” over the trafficked person through violence or threats of violence, and no control by the trafficked person over their own body or sexuality. It can also be argued that forced ‘marriages’ are a form of trafficking whereby women or girls are required to provide domestic labor while being held as virtual prisoners, raped continually by their ‘husbands’ and often forced to become pregnant for the purpose of providing their ‘husbands’ with children. A feature of the coercion placed on trafficked persons is the fear of the consequences of reporting or taking steps to prosecute the perpetrators. In many cases, families and other community members close to the trafficked person also benefit from the process further limiting the probability of the trafficked person taking action to escape or bring about the severe consequences of prosecution. Another aspect of coercion is the knowledge that survivors are rarely accepted back into their communities. It is especially difficult for women to return as they are usually assumed to have been involved in CSW and are therefore considered to be “ruined” for marriage. Without marriage such women will continue to burden their families economically and through social stigma. Recruiters and those using the labor (brothel owners’ etc.) play on this stigmatization to ensure the trafficked person does not try to escape. • Care must be taken, however, over the use of the terms consent and the ability of any individual to have choice and control of their lives. All individuals have only comparative agency and control over their lives. Experiences for trafficked persons in their homes or previous community setting may mean they actually choose to remain in a highly coercive and exploitative situation, as the alternatives are perhaps worse. There is a continuing debate among stakeholders and activists regarding the extent to which trafficked persons must retain the right to choose to remain in exploitative conditions, even if they are continuing to be harmed. • The threads of this debate reach into many facets of efforts to combat trafficking. For example, for some activists, all women and girls should be taken out of CSW as it causes great harm irrespective of the wishes

10 Definition of Slavery and Debt Bondage appears in the UN Slavery Convention 1927 16

of the commercial sex worker. These activists support the actions of police who raid brothels and take into detention all women and girls found there. Others feel that the rights of individual adult women to choose to remain working under these conditions should be respected. In some cases women find their working and living conditions - although exploitative - are less oppressive than those they were subjected to at home. For others, their families may be in debt from assisting the girl to migrate even though under false pretences. Being forced to return home before the debt is paid would have worse consequences for the trafficked person than remaining in the brothel until the debt is paid. Issues concerning consent and personal agency are highly complex and require programming that respects the different needs and rights of all individuals. (iii) Human trafficking involves movement and is part of a migration experience - the trafficked person moves from one place and travels to another. This does not necessarily involve movement across borders. However, such movement for the purposes of trafficking should not be confused with voluntary migration, which may result in many benefits as well as involve risks. For example, many attempts to address trafficking have resulted in limitations being placed on women’s migration. In the long run this has driven the trafficking process further underground and ". . . a trafficked person's status as an illegal migrant is often a very effective tool in the hands of traffickers, leaving the migrant vulnerable to further coercion and abuse".11 (iv) Time factor is crucial – the process of trafficking has a distinct beginning and end point with many implications for both trafficked persons and perpetrators. For example, harm can be reduced the earlier interception takes place along the time continuum. This also has implications for the types of supports required to overcome harm, to make choices trafficked persons might perceive to be available and to seek prospects for long term recovery. If recruiters are to be prosecuted measures have to be taken quickly after recruitment takes place and before trafficked persons are passed on into the control of the next person in the chain of events. (v) Third party or parties benefit / profit – these include all those benefiting as the trafficked persons pass through the hands of a chain reaching from the point of recruitment to the point of use of their labor. All are direct perpetrators of the crime of human trafficking. Understanding the benefit for family members or other guardians of trafficked persons is more complex, but has to be taken into account as enforcement measures are designed. Most attention is paid to prosecuting recruiters, those involved in supporting this process along the way such as transporters (bus and truck drivers, train conductors) and hotel and restaurant workers – who knowingly provide services to traffickers and their victims. Efforts to capture and convict the heads of organized criminal networks have also recently increased as demonstrated through the adoption of the UN Convention Against Transnational Organized Crime in 2000 by many countries. Less attention has been paid to those exploiting trafficking labor (factory owners, heads of householders using domestic workers), and especially consumers such as clients in brothels who do not question the conditions under which CSW is carried out.

11 USAID May 1999, Cited in The Asia Foundation, Population Council/ Horizons Prevention of Trafficking and the Care and support of trafficked Persons, 2001 p 11 17

C. Gender and Human Trafficking

50. 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 forms12. Gender discrimination and the low status of women across South Asia results in women and girls having fewer options or means available to them to counter the deceptions of traffickers and are more vulnerable to the threats of violence than men. Stereotypes of behavior for young women tend to reinforce a sense of helplessness and of being unprotected without a man, a vulnerability quickly recognized by opportunistic traffickers. Women and girls are also most likely to suffer from stigmatization once they return to their communities from such experiences, and have fewer options for alternative survival strategies. Hence the traffickers can increase their control over and isolation of women and girls through fear of such further victimization.

51. In cases where their families or guardians push women or girls into trafficked circumstances, many do not rationalize this as harmful, as they are considered chattels of their father or guardian and further protection from their community would be inappropriate. These attitudes create an atmosphere of impunity for many traffickers who are free to seek out those most marginalized. 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 the most frequently harmed by and vulnerable to its effects.

52. Although most attention in recent years has been paid to trafficking of women and children, it should also be taken into account that men are also trafficked. As argued above, while a demand for male labor exists in the sectors most associated with using trafficked workers, control can be exerted more effectively over those most powerless in society – women and children. This lack of interest in male trafficked persons may also be based on the assumption that men “migrate” while women and children are “trafficked”. In Nepal this assumption is prevalent as are similar notions about women’s role in the economy. Public spaces where economic activity takes place are traditionally a male domain. Women are not expected to migrate into these public spaces, and if they do it is assumed to be under coercion. However, as stated above, women make up 50% of migrants worldwide and a rapidly increasing proportion in South Asia as they seek ways to meet their own and their family’s basic needs. Many stakeholders are challenging these assumptions, but most of the legal instruments available to combat trafficking in Nepal still apply only to women and children.

D. Nature and Extent of Trafficking of Women and Children in Nepal

53. It has been argued that the traditional practice of ruling classes in Nepal of keeping Tamang girls from the areas surrounding Kathmandu as servants and entertainers gave impetus to the practice of taking Nepalese girls into the Indian brothels.13 This practice has continued to the extent that ‘it is now estimated that more than 300,000 Nepalese women and girls sold off to the sex market globally.'’ Such estimated statistics and focus on the trafficking of women and girls into Commercial Sexual Work (CSW), provide only a limited picture of the current situation. There are serious difficulties, however, in obtaining accurate statistics of flows of trafficked women and children within Nepal and across the borders.

12 Skeldon, R. Trafficking; A Perspective from Asia, International Migration, Special Issue, 2000/1 13Central Department of Population Studies 2001:17 and Ghimire, 1997:6- cited in CAC Nepal "Stock-Taking of Existing Research and Data on Trafficking of Women and Girls" Final Report September 2001 p15 18

54. Due to the clandestine nature of trafficking perpetrators go to great lengths to hide their activities from any form of monitoring. Prosecutions are rare and fraught with difficulties hence crime statistics present a low estimate of the incidence of human trafficking. Most data are estimated and tend to be quoted and cross-quoted in all literature. There are three possible points at which estimates can be made: a) from the number of missing persons reported at the community level, from which a proportion can be assumed to have been trafficked; b) from data collected at border crossings for estimates of those moving out of Nepal into India, where they may remain or be moved on to another destination; or c) from the point of exploitation, for example studies carried out in brothels in India or Kathmandu, factories or estimates of domestic workers. Comparisons between these kinds of data are not possible, although general indications can be drawn that the incidence of trafficking is not falling, and that the variety of means and destinations rapidly changes based on demand and in response to efforts made to limit such activities.

55. In source areas in Nepal, some micro-studies have been carried out in small areas. For example, Centre for Legal Research and Resource Development (CeLRRd) 14 in 1998 carried out a field-based study that compared the number of girls under 18 years who were out of the district at known and unknown destinations. The proportions whose destinations were unknown were high: in 24 Village Development Committees (VDCs) of Sindhupalchowk 1,713 were out of the district, but the whereabouts of 1,168 were unknown (68%). In Nuwakot of the 668 girls out of district, the whereabouts of 473 were unknown (71%). However, such assessments do not take into account that some of these girls may have migrated willingly or to escape difficult circumstances and may choose not to inform their families of their whereabouts. It is also misleading to project estimates of the volume of trafficking in other areas of Nepal based on micro studies such as the one cited above.

56. There are also no studies, even at the micro-village level, that examine trends. It is noted in the Community Action Centre (CAC) Nepal 2001 stock-taking study (funded by the MWCSW and UNS Task Force lead project - Joint Initiative Against Trafficking in the New Millennium - JIT) that in the Sindhupalchowk area where the above field-based study was carried out, local community members interviewed felt that trafficking of girls has in fact been reduced because of the efforts of their communities, the police and other government agencies. Unfortunately prevention programs currently underway do not monitor such trends systematically, so even project reports and evaluations do not reveal additional useful information. Furthermore, as the definition and understanding of trafficking of humans increases, it might be argued that despite prevention efforts, raw numbers might increase as people are more aware of what trafficking is and no longer tolerate such behavior.

57. Under the 1950 Treaty with India, citizens of each country are guaranteed equal treatment, including the same privileges in the matter of residence, participation in trade and commerce. This means in practice that there is no immigration control for Nepalese traveling or migrating to India, and hence no records maintained. Maiti-Nepal, an NGO working in the field of combating trafficking, is vigorously involved in interception of possible trafficked persons at the border crossings. The organization stated in an interview with the RETA team that 3 to 4 girls are intercepted in 8 exit points daily – suggesting an estimate of over 1,200 per year. There is no data maintained of how many of these girls are truly in the process of being trafficked and how many might be running away from their families or migrating for other reasons. According to Armina Lama, Shelter In Charge at Maiti Nepal, no database has been maintained on trafficking during the 8 year existence of the organization.

14 CAC, 2001, Op cit. 19

58. According to regional map drawn in 1997 by United Nations Children’s Fund (UNICEF) there were 5,000 sex workers in Kathmandu alone of which 1,000 were children. Studies of brothels in India can also provide an indication of the number of Nepali girls are working there, and hence an estimate of the numbers trafficked. These estimates, however, do not account for those women who may have migrated voluntarily or are willingly remaining in this sector.

59. The most commonly cited estimates are that 5,000-12,000 Nepali girls, between the years of 12-20 years old, are trafficked out of Nepal to other countries for prostitution each year and that an estimated of 100,000 to 200,000 Nepali girls and women are currently working in the Indian sex industry. A recently published International Labor Organization (ILO) study states that 12,000 children are trafficked every year from Nepal,15 but this may be repeating other data.

60. Some assumptions about the volume and trends in human trafficking are also being challenged by recent studies. Another recent ILO-funded study, conducted by Women Rehabilitation Centre (WOREC), on cross-border trafficking of boys revealed that this practice has been rampant since 1987 and increasing in 1999 to 2000. The study suggests that plausible reasons behind this increase may be linked to the high rate of population growth among the rural poor and ultra-poor community. The majority of boys are trafficked to India and the main areas of work are embroidery, wage labor, hotel work and driving.16 There are also no studies of other sectors where many trafficking women and children end up, either inside or outside of Nepal. The WOREC study also indicates that these boys come from many different parts of Nepal - some are from quite remote areas and patterns are not evident.

61. This lack of concrete data has meant that organizations planning and implementing anti- trafficking activities must rely upon anecdotal information to plan where activities should be focused. It also makes it difficult to lobby governments. Many myths have also been established concerning the magnitude and nature of trafficking, which need to be re-examined as the migration and trafficking trends shift and respond to economic and social concerns. In interviews with Ms. Durga Ghimire of Agro-Forestry and Basic Health Cooperative Nepal (ABC-Nepal) and Mr. Yuva Raj Sangroula of CeLLRd the urgency of the need for empirical data on trafficking was expressed. In the absence of intensive research and statistics organizations working in this field have to rely on anecdotal records and rapid assessment. There is reluctance from many organizations, however, that scarce resources are spent on carrying out extensive, and often- flawed surveys and research projects. This debate was clear during the RETA National Consultation Workshop. It should be noted that the following sections of this report are based on what secondary data is available and provides only an indicative view of the situation.

E. Incidence and Patterns of Trafficking

1. Modus Operandi

62. Various studies carried out by ABC Nepal, Child Workers in Nepal-Concerned Centre (CWIN) and INHURED International in their publications Red Light Traffick-1996, Back Home from Brothel-1996 and on-the-spot fact-finding-2001 respectively have revealed that the traffickers function through several networks operating both within and outside the country. In some instances there is evidence of these networks are backed by organized criminal groups, politicians, and other influential players. The traffickers in most cases take the trafficked persons

15 Bal Kumar KC, Govind Subedi, Yogendra Bahadur Gurung, Keshab Prasad Adhikari, 2001, Trafficking in Girls with Special reference to Prostitution: A Rapid Assessment, ILO p1 16 WOREC 2002, Cross-border Trafficking of Boys, ILO/IPEC, p 9 20 to their destination via circuitous and ever changing routes making retracing practically impossible.

63. The modus operandi of traffickers include luring their victims by means of attractive promises such as high paying jobs, glamorous employment options, prosperity, and sometimes fraudulent marriages. Parents and other family members are fooled or otherwise blinded by false promises and deception. It has been widely perceived that in many cases family members and other relatives play an important role in recruitment by colluding with the traffickers for which they may receive payment. In Nepal this is particularly prevalent in regions where girls have traditionally been sent knowingly by families as entertainers or CSWs, which is perceived as an important source of income for the families.

64. Although the traffickers play a major role in the entire trafficking process, many other people directly or indirectly contribute including various agents, promoters, brokers, border police (both Nepali and Indian), hoteliers and employees, transport agents, brothel owners and clients, factory owners and household members where trafficked women and children are used as domestic workers. In some regions of Nepal, for example in the border town transit points for traffickers, they act with impunity as so many members of the community stand to loose income if the traffickers are forced to stop their activities.

65. The number of prosecutions against traffickers is low compared to the estimated amount of illegal activity. This results from a combination of factors including limited resources for the police and other law enforcers, who are anyway more and more preoccupied with the civil unrest, now almost endemic in Nepal. Cases are hard to prove and lengthy to take through the court system requiring resources from the plaintiffs and witnesses. A special court has been established to try and expedite cases of trafficking and other serious charges using judges and lawyers familiar with the appropriate legislation. This court has its limitations, however, as it only sits in Kathmandu, so all those involved have to travel there to appear before the court.

66. Citing 1999 police records Additional Inspector General of Police (AIGP) and the former Director of Nepal Police Academy Govind P. Thapa informed the RETA team that out of total 257 suspects in the trafficking cases, 171 (66.79%) were arrested, 10 (3.90%) were released on bail, 119 (46.48%) were remanded in jail, while 22(8.59%) were convicted for criminal offence.

67. In many communities family members, village leaders and neighbors may not perceive that the removal of a child from a family, or a young woman with few prospects for marriage leaving the community with traffickers as a criminal act. In many areas this is seen as a viable survival strategy for poor families. These attitudes are especially prevalent in areas where the social practice of dowry payment is followed. Dowry is defined as any property given or agreed to be given at the time of marriage in consideration for, or in connection with the marriage. This practice is part of the complex web of ways that gender disparities are maintained in Nepal – as girls are considered a liability in their families, as dowry payments must be procured.

68. The impacts of these practices on women are many - the inability to give dowry by the girls’ parents has resulted in number of violent measures against new brides including physical and mental abuse, and many cases of dowry deaths reported. The government is attempting to enforce legislation that prohibits the payment of dowry (the mandate is included in the establishment of Women’s Police Cells). However, in the absence of effective implementation of legal provisions, the undue demand of dowry has compelled poor families to avoid formal marriage. Traffickers often succeed in persuading parents to hand their daughters over to their control, with the false prospects of ‘dowryless’ marriage. 21

69. Although the primary traffickers are men, women also play important roles in luring girls by displaying their lavish lifestyle in their visits to villages, befriending local girls, promising them jobs, and helping them run away from the village. It is estimated that 35% of the total number of girls and women trafficked to India have been abducted under the pretext of false marriage or good jobs.

A typical trafficking scenario for recruiting 70. According to research from CSW might be . . . Village girls, in most Kathmandu, most brokers travel by local cases, are first taken to Kathmandu either buses to , then travel by bus or train to lodges or to carpet factories on the to Mumbai. Actual routes are changed promises of good jobs or having been frequently for fear of being intercepted. India kidnapped. From there they are transported may not be the final nor only destination of the by bus or truck to border towns like traffickers. Various cases have been noted , , Kakarvitta where they where Nepalese girls have been trafficked are sold to brokers. Next they are sent to either directly or after spending time in India to Indian cities like Mumbai, Pune Calcutta, places such as Hong Kong, Thailand, and Gulf 17 Lucknow, Surat, or to other smaller cities. countries.

71. There is much stereotyping of the traffickers and their victims in the literature. These stories tend to over simplify the process through which most trafficked persons pass. The following is a retelling and compilation of the many stories told in Nepal prepared by John Frederic for Himal Magazine, October, 1998.18

17 Human Rights Watch, 1995, Rape for Profit, states that every country of the world is involved in trafficking either as a sender or a receiver 18 John Frederick, 1998, Deconstructing Gita, Himal Magazine, (www.himalmg.com) 22

This is the story of a poor Tamang girl from , northwest of . Her name can be Gita. Passive, fair-skinned Gita (they like them like that down in Bombay) leaves her thatch-roof hut one day to buy some cooking oil for her mother. At the local shop, a swarthy stranger hands her a drugged pack of Frooti (the popular mango drink), and the next thing she knows she’s blearily looking out a dirty bus window in Muzaffarpur, Bihar, India. A little confused, Gita is sure they had promised to get her a job as a nanny in Delhi. Another Frooti later, she wakes up in a filthy padlocked room in Bombay. Despite the rows of suggestively positioned girls she sees on the sidewalk below, innocent Gita has no idea what’s in store for her. When her snarling madam, the gharwali (pimp), brings in her first customer (a sickly, festering man who is convinced that sex with a virgin will cure his AIDS), she nobly refuses. In comes the goonda for her ‘training’. After being raped 15 or 20 times a day for a week, Gita gets the picture: she is supposed to be a sex worker. Finally accepting her fate, Gita begins work. She has to service 30 customers a night, is not allowed out, and has no idea that she owes the detestable gharwali 25,000 (Indian) rupees for her purchase at 80 percent interest compounded daily. Now the saviours appear. An inspired NGO leader, aided by cops with humanitarian conscience, beat down the door of the brothel and finds Gita hidden away behind a pile of tins. After a pleasant holiday in a government remand home, she is repatriated to Kathmandu. But alas, she can't go home any more because she is found to be HIV/AIDS positive. Luckily, for Gita, there is a room in a shelter run by a charity, where she learns to embroider placemats and live her last days in dignity. This is the basic Nepal myth. To be sure, there are hundreds, perhaps thousands, of genuine Gitas out there, and their suffering is immeasurable. But does Gita represent the majority? Or is she part of a small fraction of the girls, boys and women subjected to prostitution, but who entered in less dramatic circumstances?

72. Although details vary, the elements in this story are common to most – deception by a trafficker, false promises which build on existing dreams for a better life for those who are already living under difficult or violent situations, threat and coercion to work, especially through debt-bondage is very common in all sectors of work. Limitation of movement is also required to ensure that the trafficked person does not escape. Stories return to home communities are less well known than those involving recruitment and few trafficked persons are released through raids. What is not represented in this compilation of stories are the circumstances of the thousands of women who leave their communities seeking work or to escape difficult circumstances and are trafficked from a second or third place.

73. As the patterns of trafficking of girls from Nepal to India have become established the incidence of internal trafficking has also increased. Many rural girls are trafficked to urban areas like Kathmandu, , Dharan, Nepalgung, and Birgunj. Girls from rural areas migrate to cities in search of jobs, and a better future but end up in dance restaurants, massage parlors, bus stands and wayside dhabas (fast food and tea shops) and bars where they are forced to provide sexual services to the customers. CSWs are found all over Nepal especially in large cities, border towns, and market places, but it is unknown what proportion and under age and/or working under coercive circumstances. 23

74. “In Nepal there are estimated to be 26,000 children of the street i.e. The example of rag pickers illustrates the those who both work and live in the vulnerability of children to sexual exploitation street and an additional 3,700 children, and trafficking. Under the ILO Time Bound who live with their parents but spend Program, rag picking by children has been most of their time playing and working in identified as one of the worst forms of child the street. There is a far greater labor. Generally all street children are rag proportion of boys than girls among the pickers but all rag pickers are not street street children. The major cause of this children. Several girl children are found imbalance is that many girls are duped engaged in rag picking but there are hardly any into sexual exploitation.”19 Alliance cases of girl street children despite their high Against Trafficking of Women in Nepal vulnerability. “Girl children are trapped into (AATWIN) Coordinator Ms. Bhagawati is sexual exploitation and trafficking as well as of the opinion that girl children cannot domestic work before they are on the street. sustain themselves on the street as they Many vulnerable girl children are compelled to are often abused by both boy street join dance restaurant and other inferior children and the police, and hence fall entertainment industry”, Bijaya Sainju of more easily into trafficking, as they are Concern for Children and Environment stated desperate to survive and will follow in an interview with RETA team. anyone.

2. Trafficking Prone Regions of Nepal

75. As noted above, estimates of regions or districts of Nepal where there are higher or lower incidence of trafficking are not based on accurate or empirically collected data. An analysis of various reports shows that some of the districts of Nepal are especially vulnerable to trafficking like Sindhupulchowk, Jhapa,Udayapur, Morang, Sunsari, Nuwakot, Kathmandu, Lalitpur, Makwanpur, Chitwan, Nawalparasi, Dang, Rupandehi, Bardia, Kailali, Kanchanpur. The MWCSW has also identified the following twenty six (26) geographic districts, regions, and areas as trafficking prone. (Please refer to the map on page 25)

19 Street Children of Nepal Trust citing Unicef 1996 data on their website: www.streetchildrenofnepal.org 24

Table 1: Trafficking Prone Areas Identified by MWCSW Eastern Central Western Development Mid Western/ Development Development Region Far Western Development Region Region Region Hill/Mountain Hill/Mountain Hill/Mountain Hill/Mountain Udayapur Nuwakot, Dhading, Gorkha, Kaski Sindhupalchowk, Kavrepalanchowk, MakwanpurSinduli, Kathmandu, Ramechhap Jhapa, Dhanusa, Chitwan, Sarlahi., Rupandehi, Nawalparasi Kailali, Dang, Banke Sunsari, Morang Parsa, Mahottarai,

Table 2: Other Districts Not Listed by MWCSW Eastern Central Western Mid Western/ Development Development Development Far Western Development Region Region Region Region Hill/Mountain Hill/Mountain Hill/Mountain Hill/Mountain Ilam, Khotang Lalitpur , Myagdi Surkhet, Rolpa, Dailekha Terai Rautahat Kapilbastu Bardiya Source: Commercial sexual Exploitation of Children –A Review of South Asia – Nepal Perspective 2001 -SAP Nepal.

76. These estimates demonstrate that the areas of high incidence are not necessarily related to overall poverty rates in that region, but in all districts of Nepal there are high proportions of the population living in conditions of poverty who are identified as the most at risk of trafficking. Districts immediately close to the border have a high incidence, especially where there are frequently used crossing points e.g. Birgunj, (a dry harbor area) Sunauli, Kakarbhitta, where traffickers can mingle in with high volumes of other forms of traffic. Regions further from the border tend to be quite well connected by roads or have communities traditionally involved in trafficking girls as CSW. From these estimates it can also be concluded that location and ease of transportation is clearly a contributing factor to risk of being recruited by traffickers. This confirms that many trafficked persons are those who are migrating for a wide variety of reasons anyway, and are then caught up in trafficked or coerced situations.

77. Information provided by the government, such as Table 1, also has encouraged organizations working to combat trafficking to target their activities, prompting traffickers to move away to areas where they will not be noticed. This tendency means that any data needs to be considered as only indicative of a certain period of time, in a rapidly changing and highly fluid situation. 25

Table 3: Major border regions used by the traffickers Nepal India Pashupatinagar Phatak/Mirik Kakarbhitta P.Tanki/Siliguri Biratnagar Jogbani Devangunj Sonwasi Jaleshwor Vittamod Gaur Barginia Birgunj Raxaul Bhairahawa Sunauli Krishnanagar Badhhani Koilabas Gonda Rupedia Mahendranagar Banbasa Source: Bimala Jnyawali, Chhoree (The Daughter) HimRights/ INHURED, 2000

78. The border exit points identified above are located in the southern districts that stretch along the border from east to west of Nepal. Out of 26 official exit points, 11 have been used traditionally for human trafficking. Since monitoring has been stepped up in the recent years of some of the most frequently used crossing points by NGOs, traffickers appear to be detouring these points. According to , Executive Director of Maiti Nepal,20despite transport difficulties traffickers are moving to points where monitoring by NGOs is minimal and the risk of interception by border officials is slight. Surveillance of all crossing points is not possible by either NGOs or the government enforcement services.

20 From interview with RETA Team. 27

Figure 1: Map

29

IV DYNAMICS OF HUMAN TRAFFICKING

79. Despite the lack of hard data, but drawing on evidence from years of working with trafficked persons and survivors, prosecution of perpetrators, and so forth, a complex set of factors can be identified which contribute to the persistence of human trafficking. In order to explore these factors, it is useful to consider those that push the vulnerable into situations of high risk to be recruited by traffickers. There are also pull factors that encourage young people or those already living in dangerous circumstances to seek out more glamorous or sustaining life options than they feel are available in their own communities. Once mobile, some of these migrants are more vulnerable to being coerced by traffickers, for example children, particularly girls, and women in general who have less exposure to the world outside their villages and few survival skills in new circumstances. As stated by the UN Special Rapporteur, Radhika Coomaraswamy,21 “traffickers fish in the stream of migration” and can easily identify those who are most easily deceived or coerced. Despite these complexities, some generalizations are useful to assist in identifying both those who are most vulnerable to being trafficked, strategies to overcome these vulnerabilities and to assist in interception, rescue and effective integration of survivors back into communities of their choice with improved life options.

80. Most accounts of trafficking experiences from trafficked persons demonstrate links with migration or movement from one place to another. Human trafficking of all forms involves abuses of basic human rights, but some argue that as it fundamentally involves movement of people, it should perhaps be better understood by using migration theory. The fact that such a vast majority of trafficking episodes start after migration or movement from one place to another has already begun, validates the need to look at what causes people to move, and why they are vulnerable to being trafficked during movement as a starting point to understanding the factors contributing to human trafficking.

81. In Bangladesh, a stakeholder-lead Thematic Group on Counter-trafficking (coordinated through IOM) have been meeting regularly seeking to clarify, through discussion and debate, various aspects of human trafficking. This group identified the following needs or motivations that compel a person or an agent of a person to move them from one situation to another – i.e. migrate: To meet basic needs e.g. food, shelter, clothing, health etc.; To increase security; To ensure sustainability of basic needs over time; To increase status and/or income; To escape stigmatization from incidents such as incest, rape, former sex worker, divorce, widowed; To respond to or avoid social considerations e.g. marriage without dowry, elements of society that limit women’s personal development, political oppression etc.; To take up adventure based on a desire to experience life and explore the world; and, To obtain emotional stability for many reasons such as family situation is dysfunctional, seeking emotional support system.22

21 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). 22 Bangladesh Thematic Group on Counter Trafficking, Matrix (unpublished) 2002.

30

82. These motivations and/or needs are influenced by a series of agents or the person themselves who make decisions concerning their needs and/or motivations including other family members, recruiters, smugglers, traffickers, returnees or other migrants, community leaders, neighbors, and of course the migrant herself/himself.

83. A series of factors also hinder or facilitate a person through a migratory process which can result in either a positive outcome, where these needs are met or motivations achieved, or a negative outcome such as the consequences of being trafficked. Examining the needs and motivations that initiate the migratory process and the factors that influence the outcomes, can help to identify activities and programs to reduce the vulnerability of those most at risk to being trafficked.

84. The Figure 2 illustrates these broad categories of these factors and how they can be seen to link together.

31

Figure 2: Dynamics of Human Trafficking

MACRO LEVEL FACTORS • Impacts of globalization; • Employment, trade, and migration policies; • Development policies; and, • Conflicts and environmental disasters

SUPPLY MOVEMENT / MIGRATION DEMAND FOR LABOUR / Influenced by needs/motivations to improve OUTCOME OF MIGRATION life options. HARMFUL RESULTS PUSH FACTORS c Trafficked Outcome: • Economic; including feminization of • Exploited labour (CSW, poverty, meet basic needs, loss of o factory, domestic servitude), livelihood or employment; forced detention; and, • Social / cultural; including increased n • Profits to traffickers security and status, reduce / eliminate (recruited). stigmatization; and, t • Governance; including limited access to Positive Outcome: government services and programs, poor i • Freedom of choice; law enforcement, lack of access to • Sustaining employment; and decision-makers. n • Increased status. PULL FACTORS • Media and new technologies; and, • Enticements of new life u NON-HARMFUL RESULTS • Security/rights respected u CROSS BORDER / m INTERNAL 33

A. Macro / External Factors

85. A range of policies and environmental circumstances influence the incidence of poverty and vulnerability to risks for migrants to being trafficked. For example: Impacts of globalization trade policies: Impact of globalization act as both push factors (changes in traditional livelihoods, employment loss through economic restructuring) and pull factors (spread of modernization and new technologies such as TV and internet). The spread of modernization with greater access to transport, media etc., has facilitated greater mobility amongst those most vulnerable to being trafficked. Also, for many, the disappearance of traditional income sources and rural employment, has pushed the poor and unskilled to migrate to survive. Asia has also become a center for low cost, labor intensive, manufacturing operations. Competition between countries in South Asia has further driven the cost of labor down encouraging some employers to use illegal practices such as bonded labor to access cheaper and cheaper labor sources. Trade Policies: The demand for low skill and cheap labor in export manufacturing sectors- usually carried out by women - is also vulnerable to changes in trade policies formulated distant countries e.g. garment sector or textile industries that have recently been experiencing a deep downturn throwing many unskilled women out of work. Conflicts and natural disasters force communities to move, often en masse to meet their basic needs. When individuals within that community have no skills or education, and are exposed to health risks, their capacity to secure sustainable livelihoods is limited, and their risk to trafficking heightened. External Migration Policies that exclude many unskilled people, particularly women, from legal migration and are therefore forced to seek alternative livelihood options through illegal means. Human smugglers offer forged documents or transportation to other countries where they promise to link migrants with job opportunities. These are often the same smugglers who traffic labor (i.e. coerce migrants into certain types of work, create debt bondage conditions or refuse migrants freedom to return home). Those working in illegal situations are more susceptible to coercion by traffickers. It is anticipated that migration policies will continue to discourage migration of unskilled labor, or that labor movements will be confined within South Asia and to certain South East Asian countries and that this situation will continue. These countries have poor records of protecting rights of these irregular and illegal migrants or trafficked persons, which perpetuate conditions that offer profits to opportunistic traffickers. There is currently no comprehensive migration management policy framework in place in Nepal to address the impacts of these trends, nor to promote development benefits from safe migration. B. Supply Factors

86. The most commonly identified push factor to the trafficking process is poverty. The necessity to meet basic needs, in combination with other factors, such as those identified in para. 81 above, is the most commonly identified motivation to migrate or to encourage a family member to leave. Those most vulnerable to trafficking do generally come from the poorest and marginalized segments of communities. However, a simplistic view of poverty based on low- income levels does not assist in understanding why it is that women and children appear to be the most vulnerable to trafficking. 34

87. An understanding of the non-economic elements of poverty – lack of human and social capital, gender discrimination – also helps 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. Similarly, income disparities between regions/countries or job opportunities encourage out migration, but do not explain alone why some poor people do not take up these opportunities. Social factors also affect decisions to seek opportunities elsewhere.

1. Poverty and Limited Economic Options a. Overall Development Status in Nepal 88. Nepal ranks as one of the world’s poorest countries with a per capita gross national product of $220.00 (U.S.) a year. Gross domestic product grew by 6.4 per cent in the fiscal year 2000 compared to 4.4.per cent in the previous year. About 42% of the population lives below the national poverty line of NRs 4400 ($77) per capita per annum, which is based on minimum caloric intake, housing, and other non food standards. The ADB’s recent poverty analysis for Nepal shows that poverty incidence, intensity, and severity have not improved over the past quarter century, a finding mirrored in the country’s human development indicators scores. The poverty analysis confirmed that poverty is much more prevalent, intense, and severe in rural areas, where poverty incidence (44%) is almost double that of the urban areas (23%). The incidence of poverty in the mid and far western development regions and in the mountain districts 23 greatly exceeds the national average.24

89. The economy of Nepal continues to be dominated by agriculture as it has for centuries. What little industrial activity exists is largely involved in the processing of agricultural products and manufacturing for trade with India. Hence, Nepal’s economy is also irrevocably tied to that of India. Nepal’s geographical position and the scarcity of natural resources used to produce industrial goods means that its economic growth is also subject to fluctuations resulting from changes in India’s economic health. Nepal also suffers from an underdeveloped infrastructure that has been a major focus of investments by the government at the expense of investment in direct production, resulting in slow growth rates in employment outside the agriculture sector 25

90. While the figures mentioned above underscore the enormous challenges faced by Nepal, there are also features in its development processes that hold significant promise. An economic growth rate of nearly 5 per cent has been achieved in the period 1992-2000. There have been some significant advances in promoting human development in the last decade. Public expenditures in the social sectors increased from twenty two percent (22 %) to thirty six percent (36%) of total government expenditures. The number of primary and secondary schools has grown by fifty seven per cent (57 %). Eighty Five (85%) of children attend primary school, but only forty six per cent (46%) of boys and twenty three (23%) of girls attend secondary school.26

91. More people have access to education and health care now than a decade ago. The investment in infrastructure has meant that the road network has doubled, enabling a large number of towns and villages in peripheral areas to participate more fully in the country’s economic and social life. 27 Wide-ranging financial reform measures have also been carried out

23 Nepal is divided into the terai (flat plains), middle hills, and mountains 24 Asian Development Bank- 2001, Country Strategy and Program Update (2002-2004) Nepal 25 Arthatantra / Ministry of Finance, HMG Nepal 26 Sources: The Economist Intelligence Unit; 1999, The World Guide 1999-2000; State of the World's Children 27 UNDP Human Development Report 2001 35 to strengthen economic liberalization in recent years. Foreign investment has also increased based on the governments commitment to a more open, market-oriented economic policy, with new investments now providing growth in employment in hydropower, mineral exploitation, chemicals, tourist hotels and restaurants etc.

b. Economic Vulnerability to Trafficking

92. An examination of the highest source areas for trafficking of women and children in Nepal points towards a link between the vulnerability of Conditions of poverty, … is a great force that those at risk of being trafficked and those living drives an individual to think the unthinkable in poverty. For those at risk of or already living and do the undoable. The desperate need in conditions of poverty, under and for money and the lack of alternate means unemployment remains high, and as agricultural and ways to generate income creates an productivity falls, are forced to seek incomes off environment where a faint-hearted individual the land to meet their basic needs. Nepal’s can easily succumb to the temptation of agriculture sector is dominated by small-scale wealth that a sex industry has to offer. Under subsistence farms (more than 40% of the such conditions the ethical values of a population have less than 0.5 ha.28) with overall community is severely put to the test, and it productivity falling over the past decade.29 may just be a matter of time before the ends start justifying itself as the means cease to 93. Poverty drives many to take matter.” Source: Newsletter Maiti Nepal - Is Poverty “unthinkable” decisions and “undoable” acts that the Only Reason? Volume 1 Number 4 May – June might include the handing over of a child to 1999. either another family member or even a stranger on the promise of offering a better life for them. These promises may also include the prospect of sending back remittances to help other family members. There are many cases in Nepal of families of young girls being trafficked to brothels in India openly acknowledging that their daughters are living under difficult and harmful circumstances, but see no other option for their family’s survival.

94. Living under these conditions of extreme poverty also means that the promises of good jobs in places such as Mumbai and Delhi encourage people to migrate without a clear idea of what they will find outside their communities (see discussion below regarding safe migration).

c. Feminization of Poverty

95. Women are disproportionately excluded from development opportunities through deeply rooted discrimination and low status. This results in limited access to education with exceptionally low adult female literacy rates - only 21.7% in 200130, little access to health care and almost no recognition of the contribution they make to family incomes and livelihoods. The maternal mortality rate of 539 per 100,000 live births is one of the highest in the Asia Pacific region. Nepal’s gender empowerment measure, which reflects women’s participation in economic, political and social spheres was 0.191 in 1996, well below the average of 0.367 for developing countries. Given these statistics, it might be assumed that there is a feminization of poverty taking place in Nepal. According to the ADB’s study in 1999, Women in Nepal, the incidence of poverty among female headed-households is not comparatively more than among male headed households. The concludes, however, that:

28 ADB, 1999, Women In Nepal 29 ADB, 2001 Country Strategy and Program Update 30 UNDP, 2001, Human Development Index Report 36

…the “feminization of poverty” in Nepal should be viewed in terms of the concentration of women in low-productivity agriculture and in unskilled low-paying jobs in the nonagricultural sector, and in terms of the impact of poverty on women and girls. Because of social discrimination, the impact of poverty on access to food, health, nutrition, and educational facilities, as well as on workload, is more severe on women and girls in poor household. Women have less access to employment opportunities and earn lower wage rates, hence greater difficulty in escaping poverty. Proportionately more girls than boys have to work for survival.31 96. This conclusion is reinforced through data that while women’s involvement in the economy is increasing, their contribution to GDP is falling, leading to greater economic marginalization.

d. Women’s Contribution to Economy

97. Women’s contribution to the economy is significant and continues to be largely unrecognized. Only recently some policies and programs have been developed that target women as entrepreneurs or economic growth agents or that increase women’s access to economic resources, paid employment, training and promotion, as well as laws guaranteeing healthy and safe working conditions.

98. Work participation starts at an early age, especially in the agriculture sector. Women are simultaneously engaged in reproduction, household work, as well as income generation. For example, 70% of labor and 26% of farm-level decision-making is made by women in livestock raising.32 The work burden of women in Nepal is extremely high. The following table demonstrates how women’s participation rates have increased in recent years. However, women are still primarily engaged in the low-productivity, low wage, and high underemployment agricultural sector. Table 4: Work Force Participation Rate by Gender (in percentage) Year Men Women All 1971 82.9 35.2 59.3 1981 83.2 46.2 65.1 1991 68.7 45.5 57.0 1996 75.2 66.4 70.6 Source: Central Bureau of Statistics (1996)

99. As table 4 demonstrated, over the past fifteen years, in search for wage employment, women are moving into small business and self employment ventures thereby creating many formal and informal opportunities for work. Women are increasingly migrating to urban areas for employment in a range of cottage industries, such as carpet weaving, textiles and handicrafts.

100. Some 82% of working women are self-employed and 12% are wage-employed, as compared to 69% and 27% in the case of men. More than 4% of women are unpaid family workers, the only category where women have outnumbered men. Less than 1% of the working women hold the status of “employer”33. Women’s participation in the informal sectors has

31 ADB, 1999, Women in Nepal page 37 32 Ibid. page 29 33 National Census, 1991, Central Bureau of Statistics- 37 increased significantly in both urban and rural areas. Vending, petty trade, liquor making, and vegetable selling are some of the more common employment ventures undertaken by women.34

e. Feminization of Survival Strategies

101. In Nepal, the feminization of poverty is accompanied by the feminization of survival strategies. In hard times, women are more likely than men to exploit every possibility for work or income, including precarious activities and poorly paid work at home or in the informal sector, and including that which requires a change of residence or migration to the city or to a foreign country (illegal in most circumstances for unskilled labor). Women are more vulnerable to the negative social effects of economic restructuring and recession as they are generally unskilled. Programs and services developed by the government to address unemployment are less accessible to women and the potential that investments in women’s skills and opportunities has to increase overall family status are rarely taken up.

102. Gender equality and economic development go hand in hand. Since the early 1980s, the policymakers and planners have become more aware of the economic significance of women’s productive activities and the nature of their contribution to income generation. It has been firmly established that women in Nepal are vital and productive contributors to the national economy but their access to knowledge, skills, resources, opportunities and power still remain rather low.35 The government is also implementing projects to support mainstreaming of gender equality concerns into its overall development programming – see discussion in paragraph 199 below on Mainstreaming Gender Equity Program (MGEP).

103. Programs and services developed by the government to address unemployment are less accessible to women, failing to take opportunities that investments in women’s skills have to increase overall family well-being36. Discriminatory practices such as gender-based wage differences and harassment by employers and other men seeking to deny women equal access to the market place have not been addressed. Government agencies have also rarely delivered economic development programs directly to women to improve productivity and incomes in the informal sector. NGOs have had more success in Nepal with micro finance and education/skills building projects. However, few of these are targeting urban areas, where so many women are now seeking survival strategies.

34 Ibid. 35 Sthri Shakti- 1995, Women, Development, and Democracy: A Study of the Socio-Economic Changes in the Status of Women in Nepal. Kathmandu, Nepal 36 World Bank, 2001, Engendering Development provides data demonstrating that investments in improving women’s skills increases family status more than comparative levels of investment in improving men’s skills. 38

Tin Roofs Case Study37

Locals say that the sex trade originated in the supply of Tamang and Sherpa girls of this region to the feudal Rana court of Kathmandu. There is a trafficking network which today continues to supply young women of Sindhupalchowk to Indian cities, and the fact that the locals are fully engaged in this supply is evident from the names of some of the largest brothel owners in Bombay: Lata Sherpa, Mala Tamang, Kabita Sherpa, Anita Sherpa and Maya (Tamang) Chauhan – all names which indicate the origin of the women in Sindhupalchowk. Vinod Gupta and Sanjay Chonkar, social activists in Bombay, say that in addition to these top five, there are many other small-time Nepali gharwalis (madams) engaged in running some of the hundreds of bordellos of Bombay. Unlike other equally poor hill districts of Nepal, Sindhupalchowk has concentrated on this particular export trade. It has helped that powerful gharwalis from this region rule the roost at the Bombay end.

Ichowk is popularly known as Sano Bambai (Little Bombay). From across the Melamchi river valley, in the afternoon sun, Ichowk’s tin-roofs reflect a prosperity that is said to come from earnings of its women in Bombay. There was, apparently, a direct link between a daughter in Bombay and a tin roof above one’s head in Sindhupalchowk. Shyam Karki, schoolteacher in the village, said that the old man often traveled to Bombay to collect money from his daughters. “Up to 200 families in this village have sold their daughters, mostly between 12-15 years old. Sashi Tamang, a 14 year-old girl rescued from Kamathipura and now living at the Kathmandu shelter home of Maiti Nepal confirms parental involvement in trafficking. In the brothel to which she was sold by her own neighbor, Sashi remembers meeting at least 50 Nepali girls, a majority of them from Sindhupalchowk. The very women who have been trafficked by their parents, or by middle- men (and -women), are more than willing, in the role of brothel managers and gharwalis, to encourage the export of more young women from Sindhupalchowk to Kamathipura and Falkland Road.

2. Social Attitude and Practices

a. Gender, Ethnicity and Caste

104. It is frequently stated that poverty in Nepal is characterized by social exclusion based on ethnicity and gender. These characteristics of social exclusion are reinforced by tradition and are institutionalized in areas such as politics, education, health, and access to development resources.

105. Within the family, these attitudes start when a girl is born. Son preference is still very strong in Nepal, and girls are considered to be a burden on the family. In circumstances of extreme stress on a family, girls are more likely to be given away or exchanged for money than sons. Rural society in Nepal is especially resistant to educating girls and women. Rural women tend to have more children, be poorer, and, in their struggle to survive, have little or no time and energy to spare on adult literacy programs if they are available. Children of female-headed households in rural areas are often put to work in order to ensure the survival of the family rather than continue in school. Even though over fifty per cent of rural children are enrolled in primary school, only twenty three (23%) of girls attend secondary (see statistics in para. 90 above). Education is also considered as a hindrance to marriage prospects for girls in many

37 Naresh Newar- 1998, My Sister Next? Himal magazine October 39 communities, as an educated woman is viewed as a potential threat to her husband and may upset the status quo within the family.

106. Lack of education condemns girls and women to low skilled labor, and limits options for alternative income generating opportunities. Lack of status within the family and community, coupled with no or little education, means that women are generally unaware of their rights or entitlements to protection from the law, even when threatened by traffickers. Gender stereotypes are used to reinforce women’s low status. Women are never encouraged to challenge control by men and are expected to accept their position in life without complaint. These stereotypes also reinforce in young women a sense of helplessness and of being unprotected without a man. All these factors play into the hands of opportunistic traffickers who can more easily control young women and break their spirit.

107. Gender-based discrimination is reinforced through traditional social practices and build on ethnicity and caste, as can be illustrated in certain districts of western Nepal where the trafficking of girls into has a long history. Here traditional customs like Deuki, Badi, Jari, and Jhuma all have become synonymous with prostitution. According to the Deuki system girl children were dedicated to deities. Since these girls were neither educated nor had any resources or skills, prostitution was the only alternative for survival open to them. Where these practices continue, they represent a highly exploited and socially ostracized class.

108. Some “untouchable” Hindu The emancipation of kamaiyas (bonded castes, such as the Badi in Western laborers) through a political decree in 2000 is a Nepal, are also designated as sex vital step forward to recognizing the plight of workers. The Badi people originally kamaiyas as a contemporary form of slavery were a musician caste and have long and the grave violation of their human rights. been entertainers, doing sex work However, in the absence of a clear social occasionally as a peripheral income reintegration policy and better options for source. During the past fifty years livelihood, their future is in limbo and incidence modern media and technology have of harmful continued exploitation of kamaiyas ended the demand for their singing and by landlords continue to be recorded. dancing and hence these girls and women rely now entirely on CSW as caste exclusion has denied them education or access to other forms of employment. Ironically this opportunity to earn income, even though through sex work, has meant that girl children are valued among the Badi – “He’s very rich—he has many daughters.” Their families also now routinely sell these girls to traffickers for work elsewhere in Nepal or India without consideration of the harm this may cause them.

b. Children

109. The overwhelming majority of children vulnerable to trafficking are those belonging to poor families whose means of survival is subsistence agriculture, or who along with their parents work in the factories, hotels, lodges, and construction sites. Those most at risk are: (i) children separated from their families or with disrupted family backgrounds (e.g. orphans, unaccompanied children, children from single-parent families, or from families headed by children); (ii) economically and socially deprived children (unemployed, poor, rural, and those without access to education, vocational training, or a reasonable standard of living); (iii) children from other marginalized groups (e.g. certain minorities, and internally displaced persons); and, 40

(iv) children from the conflict areas themselves. 110. A recent ILO study on Trafficking and Sexual Abuse Among Street Children in Kathmandu, also identifies the complex series of reasons children end up on the streets in the first place, which provides indications for types of programming required to address these reasons. Table 5: Abandoning Home

Reasons for leaving No. Percentage Economic reasons 18 18.8 Weak economic condition 11 11.5 Little food at home 4 4.2 Hard work at home 3 3.1 Familial reasons 36 37.6 Domestic violence 11 11.5 Beaten by father 9 9.4 Neglect in house 9 9.4 Beaten by step mother 7 7.3 Peer pressure/demo effect 25 26.1 Hoping good job 15 15.6 Peer pressure 6 6.3 To see the city life 4 4.2 Come with father 11 11.5 Do not know 2 2.1 Total 92 96.1 Source: Trafficking and Sexual Abuse Among Street Children in Kathmandu, ILO/IPEC, March 2002

111. While domestic violence and familial problems are identified by the majority, peer pressure, hopes for a good life combined with economic reasons are also very significant. This table confirms the findings of studies in other regions for example a similar ILO study undertaken in Thailand - Lao People’s Democratic Republic – Myanmar border areas published in 2001. This study identified that the most commonly identified reasons for leaving home were a combination of “an image of a better life in Thailand brought to them by the media and popular accounts that had led to a perception of poverty at home.” 38

38 Wille, C., Trafficking in Children into the Worst Forms of Child Labor: a Rapid Assessment, ILO, 2001, p 19. 41

Case Study39

No Kids Stuff This! Fourteen year old Bina has been victim of child trafficking twice. Her nightmare began at the age of eleven, when she was raped and sold by a pimp from Nepal to a brothel owner in Mumbai. "My mother died when I was only two years old. My father did not care about me and my step mother would beat me regularly. I was made to work for a landlord in Nepal, and it was his wife who introduced me to a pimp", recalls Bina.

Trafficking of children could be for sex or cheap labor. Helpless in the stifling environment, young boys end up working fourteen hours in sweat shops, in hazardous occupations like leather tanning, explosive or fire crackers making, or carpet or garment making. Repeated, monotonous activity, with little reward or monitory gain, lives the child spent physically and mentally, and consequently powerless to resist physical or sexual abuse should it happen. Young boys who run away from home in search of a better life, a future in films, or lured by older boys, end up on the streets in the cities, or are finally 'sold' into labor. Others end up as sex workers in popular tourist destinations.

3. Trafficking and Migration

112. As it has already been identified, trafficking is inextricably part of the migration process and “traffickers fish in the stream of migration”. It is in this context that the links between trafficking and migration can be seen as a supply factor, providing a stream of vulnerable migrants to be coerced and deceived by opportunistic and unscrupulous traffickers. Migration and movement, however, is also the key dynamic in the trafficking cycle, and as identified above in para. 79, migration policies from outside Nepal also influence trafficking flows.

a. Understanding Migration

113. Migration is commonly understood to involve the voluntary movement of persons within or across borders in search of a better means of livelihood. Some researchers contest this definition40 as not all migration can be understood through an analysis of the supply and demand for work and labor. Differences in income levels and employment opportunities between regions and countries certainly accounts for much migration, and can be seen to explain how certain traffickers, for example, identify industrial sectors that have a high demand for exploitable labor which cannot be met by either the local labor market or voluntary labor. Hence labor recruiters will resort to deception, coercion and force in the recruitment and transportation system. Origin areas of trafficking will be identified by particularly low incomes making people so desperate that they fall victim to the promises of a trafficker.41 114. This explanation, however, fails to address why some people remain in poor areas, or why in some villagers many leave while in neighboring communities none migrate. It is important to understand that individual personalities play a role in taking up adventure, and in the case of trafficking some are more easily deceived than others. Family links and traditional ties

39 Femina, April 1, 2002 p104 40 This material is taken from summary of a selection of articles in Cohn, R. edited. 1996.Theories of Migration: The international Library of Studies on Migration, 41 Willie, C., op. cit. p15. 42 between source areas and destination points also play a role – as identified in the case studies above, and in several recent reports there is generally a combination of reasons for migrating or leaving a community.

b. Links to Trafficking

115. Migration is linked with trafficking in several ways. A person may voluntarily choose to migrate but may be deceived about the kind of work they are subsequently expected to do. In this case, what started as migration has become trafficking. Or, a person may willingly migrate for employment but may be trafficked on from the initial employment site (e.g., a carpet factory, or household / domestic worker). The initial process was not trafficking and no crime was committed until the second phase of migration occurred. Hence, while trafficking normally involves migration, migration does not always involve trafficking. This distinction is significant for potential anti-trafficking interventions. Given that trafficking may occur either in a person’s original home base (often a rural community) or in a subsequent work-site (often an urban area), interventions should cover both locations. Interventions should also recognize that in each site, the factors that create the need or desire to migrate and the vulnerability to being exploited by traffickers during migration might be quite different.

116. Likewise, it is important that anti-trafficking interventions consider their direct or indirect impact on a person’s right to mobility. Anti-trafficking interventions can easily (and sometimes inadvertently) become anti-migration interventions. However, it is difficult to distinguish voluntary migration from trafficking at the departure point since the deception, if present, has not yet become apparent. It is only after arrival at an unexpected and exploitive outcome that the crime of trafficking is apparent. Hence the importance of safe migration messages and taking up confidence-building initiatives among those most vulnerable as a part of trafficking prevention programs.

117. Both of the major international anti-trafficking networks, the Global Alliance Against Trafficking in Women (GAATW) and the Coalition Against Trafficking in Women (CATW), agree that interventions should primarily focus on addressing the abuse of human rights occurring during migration or at the workplace rather than on hindering migration per se: With the traditional subsistence culture no longer a viable means of livelihood, women often migrate for their own survival. It is therefore imperative that a woman’s right to mobility not be impinged upon but rather that the human rights of those who choose to migrate be secured.42 118. Another distinction arises with respect to legal and illegal migration. Where legal migration across borders is not possible (e.g., because people lack the relevant documents or where the process of obtaining these is inaccessible to the poor and illiterate), people may migrate illegally. If these persons are trafficked and subsequently intercepted by state authorities, the focus is usually upon their status as illegal migrants rather than as trafficked persons and the crimes committed against them go un-redressed.

119. As pointed out in a Nepalese study by WOREC/CEDPA (Centre for Development and Population Activities) "a holistic approach must be taken to focus upon the social, economic and political circumstances that force a woman to migrate instead of targeting her as a criminal and blaming her for the discrimination she faces."43 Furthermore, the right of adults to make decisions about their lives must be respected, including decisions to work under abusive or

42 WOREC/CEDPA 1999, Advocacy Against Trafficking in Women -Training Manual, Nepal, p41 43 WOREC/CEDPA 1999.Op. Cit., page 41 43 exploitative conditions, as these conditions might be preferable to other available options. However, even when migrants know the type of difficult and dangerous work they will be required to perform, they only become victims of trafficking if their passports are confiscated, they are held in confinement through coercion, and otherwise are deprived of their freedom of movement and choice.

120. In situations where labor conditions are no worse than those expected by the worker and the worker is not deprived of her or his freedom of movement or choice, the abuser or exploiter remains criminally liable for other crimes, such as assault, unlawful detention, and labor abuses and for appropriate civil offenses. The existence of consent to work under such conditions does not excuse the abuser or exploiter from being subjected to the full force of domestic laws that prohibit such practices. But these circumstances do not include all the characteristics of trafficking.

121. The following sections outline trends and patterns in migration in Nepal over recent years. This provides a backdrop to the causes and range of risks many migrants face. The cost of these risks in some cases can be the harmful outcomes of being trafficked.

c. Mobility: Trends and Patterns in Nepal

122. It is generally believed that the frequency of migration among adult men and women has been increasing in Nepal. Women living in an environment of hardship, where rights are restricted, personal freedom is limited, and few employment opportunities exist, feel that migration is the only way to achieve economic independence and a higher standard of living. Decreasing income from agriculture, low literacy rates, the impact of modernization, heightening civil unrest and the open border with India are also factors in migrants’ decisions to move in order to seek other livelihood strategies. The recent expanding global communication network, (telephone connections, and satellite dishes) also has a profound impact upon the scale, scope, and direction of international migration.

123. The census for Nepal identifies migration within the country and those leaving for other countries. However, an independent estimate for 1998 shows that some 90,000 migrant workers are working in Gulf countries, 15,000 in western countries, 13,000 in South East Asia. The Foreign Enquiry Tribunal in 1997 estimated the figure to be more than 100,000. According to the last census for which data is available, undertaken in 1991 by the Central Bureau of Statistics (CBS), about 600,000 Nepalese have migrated to India and a proportionately large number of middle class households (40 to 60 percent) have taken foreign jobs in India and Gulf countries.

d. Internal and Circular Migration

124. Until the mid-1950s, the volume of permanent migration within the country was very low, but is now increasing mainly because of population pressures, paucity of land resources in the hills, and the implementation of land resettlement programs in the Terai Region. The majority of female migrants move with their families or for marriage. Circular migrants may be seeking seasonal employment or longer-term opportunities either within or outside of Nepal. This phenomenon has also been increasing for the same reasons identified for overall migration.

e. Foreign Employment Policy

125. A large number of people have migrated to India and China (Hong Kong) to work as farm laborers and industrial workers. Data is not available on the flow of Nepalese migrant workers to 44

India and the Indian migrant workers in Nepal, as no immigration documentation is required, and hence no records maintained. Analyses of the number of Nepalese migrant workers seeking jobs in countries other than India argue that these numbers have been growing for three main reasons: (i) Nepal’s population has been growing at a rapid pace, adding 300,000 new job seekers annually; (ii) The agricultural sector that provides employment to most of the population has not been able to keep pace with the growing workforce; and, (iii) Wages both in Nepal and India are too low to support a family. 126. In order to address these economic factors, the government has promoted foreign employment is part of the government’s policy to increase employment opportunities for Nepalese. The Employment Promotion Section of the Department of Labor is responsible for foreign employment promotion, and it is mandated to regulate activities of licensed recruiting agents under the Foreign Employment Act. It receives demands from foreign employers independently or through the Royal Nepalese Embassy, which are then referred to private agencies. The Section participates in the interviews for the final selection of workers and ensures that contract terms and conditions mutually agreed between the employers and workers are implemented.

127. 117. Nepalese male migrant workers officially noted by the Department of Labor seem quite low compared to the estimates from other sources such as the General Federation of Nepalese Trade Unions. (GEFONT)

Table 6: Male Migrant Workers Fiscal Year Number of Workers 1989-90 855 1990-91 319 1991-92 194 1992-93 558 1993-94 1,679 1994-95 2,159 1995-96 2,134 1996-97 3,259 1997-98 6,500 1998-99 15,156 1999-2000 19,357 Total 52,170 Source: Department of Labor, HMG Nepal

128. Table 6 indicates a sharp increase in recent years reflecting the need for many Nepalese men to leave their families and communities to seek work overseas. The sense that there are also large numbers of migrants leaving illegally suggests that there are strong networks of brokers willing to facilitate illegal migration. These criminal elements are also closely associated with human trafficking and their increasing presence in Nepal represents new threats to women and children migrants also becoming caught up in these criminal acts. These statistics also indicate the number of families now headed by women in the communities they leave behind. These families then become vulnerable to trafficking themselves.

f. Women Migrant Workers 45

129. Although there are no large scale studies in Nepal of women’s migration, what analysis is available notes that migrant women tend to belong to very poor households who are forced to leave through loss of livelihood due to natural disaster, forced resettlement from infrastructure developments or family difficulties. Employment opportunities are generally very limited for these women and they are clearly at high risk of being trafficked as they have limited knowledge of the outside world, poor skills and are under great pressure to provide additional income to their families or for their own survival. They are often abused and harassed when they find work, have low wages and work in sectors with high health risks. As mentioned above, these women often choose to remain in highly exploitative work situations, as they have no alternative.

130. After several publicized cases of women being abused as domestic workers in the Gulf Sates, the response from the government was to amend Section 12 of the Foreign Employment Act to prohibit the provision of foreign employment to women and minors without the permission of the government and their guardians. A Foreign Employment Order issued by the Ministry of Labor further limits the overseas travel of women under 35 years of age, unless they are accompanied by a relative or can show proof of consent from a guardian. 44 The Passport Order also requires women to show permission letters from their father or husbands, even for travel to India despite the open border Agreement of 1950 between the two countries. The Labor Department has opened a “labor desk” at the Tribhuvan International Airport from March 20, 1998, to check and control ‘illegal ‘ migration.

131. These attempts to curb trafficking and protect women have instead resulted in limiting women’s right to migrate. It means that if a woman wants to take up foreign employment without seeking permission from a male family member or guardian, may try illegal means and hence fall into the hands of organized syndicates who not only provide false papers but are seeking women or children to meet the demands from the commercial sex sector or factories. As identified above, migrant women in Nepal anyway are often estranged from their families and do not have sufficient education or awareness to fully understand government regulations.

4. Findings

132. The government policies and regulations do not place emphasis on protecting the rights of migrant labor - a precious national resource. Risks to all migrants should be minimized by strict surveillance and enforcement of the acts, rules, and regulations governing foreign employment, as well as, introducing reforms when necessary. These protections would also present an environment at airports and other transit points of higher risk to human traffickers of being caught and prosecuted. The links between legal and illegal migration patterns and human trafficking have not been investigated either by NGOs working to combat trafficking. No NGOs are specifically working with male or female migrant workers, and there is no linkage in their programming with health or HIV/AIDS activists either.

133. Participants at the RETA National Workshop stressed the need for all trafficking stakeholders to increase their understanding of the need for safe migration management and how to develop and deliver programs for those most vulnerable to negative outcomes from migration experiences - i.e. those vulnerable to being trafficked. Safe migration policies would also protect women’s right to freedom of movement and to migrate. Caution has to be taken however, to ensure that anti-trafficking messages do not leave the impression that all migration is bad. It is important to balance concerns over the harm trafficking causes with the potential migration has to contribute to development.

44 Report prepared by Mr. Ganesh Gurung, Nepal Institute of Development Studies-September 2000 46

Safe Migration Tips

• Know the address of the embassy or consulate; • Learn the name, telephone number and address of the place you are going to and verify that you will be working there; • Check NGOs, especially those that specialize in women's issues in your own country to find out whether the overseas company that is hiring you is valid and legitimate; • Do not sign a contract right away, read through the document, ask for legal advice if it is difficult to understand; • Watch out for the language where the employer says he will hold all money in trust until your contract is completed; • Be suspicious if your prospective employer obtains a tourist visa for you; • Do not give your passport to anyone for safe keeping. Keep a copy of your passport pages in a safe place that no one else has access to; • Learn the local language if you do not know it…at least basic phrases; • Verify the visa validity with your embassy /consulate; • Do not send any money through hundi (money laundering); • Know about the rights of migrant workers; and, • Obtain mandatory pre-departure training.

Source: Migration Information Kit, WOREC and INHURED leaflet (both in press)

a. Child Labor and Child Migrant Workers

134. Child labor and child migrant workers are easily identified by traffickers as vulnerable and ripe for exploitation. Poverty, food shortage, and breakdown of the family unit force children to migrate from rural to urban centers in search of jobs. Few children migrate by themselves and many fall prey to organized trafficking agents. Approximately half migrate to Kathmandu; the next most popular place is the Terai region, and then India and other countries.

135. Some stakeholders also argue that the demand for child labor is increasing. Employers prefer children because they are naïve, uncomplaining, easily controlled, vulnerable, desperate, and dispensable. The children’s ages range from 5 to 16 years with 13 years being the average age.45 Most of these children find jobs as porters, domestic servants, carpet weavers, transportation helper, rag pickers and shoe shiners. Some of these children are trafficked into CSW, some are used for organ transplanting and some find jobs in the circus. In all of these cases, the traffickers and employers are violating these children’s basic rights.

b. Other Causes for Displacement and Migration

136. Resettlement from Infrastructure Development. Infrastructure development anywhere – including Nepal – often requires the displacement of people and families. This displacement can be temporary or permanent. People in Nepal have been ‘displaced by construction of roads, irrigation schemes, hydropower projects, airport, national parks and wildlife reserves.'’

45 www cwin.org. 47

137. These circumstances can cause vulnerability to trafficking, unless adequate and equitable compensation and rehabilitation package is provided to the affected people. The loss of livelihood and shelter brings them closer to the traffickers.

Case Study: Kaligandaki “A” Hydroelectric Project

The ADB-funded Kaligandaki “A” Hydroelectric Project carried out a comprehensive Environmental Impact Assessment (EIA) that identified the need for certain components to be built into the project to mitigate certain impacts of the project. Micro- credit and other agricultural and forestry inputs were provided as well as a rural electrification component, bringing benefits to a broader group than only those immediately affected by the project. Specific resettlement and rehabilitation plans were implemented for the Bote families and villagers from Krishnagandaki who were resettled or lost land during construction phases. These packages included not only cash compensation, but also income generating inputs and skills, adult literacy and other social mobilization activities to support social capital rebuilding among these communities. The old mud houses in many cases have been replaced by two storied brick houses, the financial status of some families has improved from employment at the project site (locals took up 46% of employment opportunities) and community members used health facilities offered at the construction camps. The new access road links have facilitated more communication with the outside, including easier transport to and from other markets.

Specific anti-trafficking awareness workshops were organized for the drivers from construction sites and community leaders, and according to project officials and community members, there has been no official record of any cases of trafficking since the project began. Increased out-migration from the affected communities was not apparent to project officials, but no indicators were tracked to assess changes in mobility related to project activities.

Source: Interviews at project site with officials and community members by the RETA Team 138. Refugees: The incidence of refugees as “forced” migrants is increasing in South Asia, as elsewhere in the world. In the absence of an effective legal framework protecting refugees, they often face arbitrary and discretionary decisions that undermine fair and unilateral protection of the group. One major difficulty created by the absence of a legal framework for refugees and asylum seekers is that no method of separating the really vulnerable who need the protection of a host state from the ordinary job seekers.

139. Nepal is experiencing mass population movements across regional borders of neighboring countries while equally large numbers of internally displaced people remain within the borders as potential cross border migrants. For example Nepal has been hosting over 98,000 refugees from Bhutan since 1990. Nepal has been quite flexible in accommodating victims of forced migrations. This practice is quite generous when compared to many developed countries of the world that have adopted very strict entry procedures. There are very few instances where asylum seekers have been blocked and refused entry into the kingdom. Many people, especially from the western hilly regions, are forced to migrate to India to meet their basic needs, particularly since the Maoist insurgency. Such cases are not documented as the area is also a traditional source of labor for the Indian market and the cross-border movement is neither reported by the victims nor monitored by the authority due to free movement policy between the two countries. 48

140. Despite Nepal’s overall accommodating approach to accepting refugees there are differentiated policies and practices towards various groups of refugees or asylum seekers originating from within the region. Experience shows that there is no consistency in admissions, granting of asylum, education, employment, rehabilitation, and repatriation of refugees. Each influx of refugees receives a different package depending on political motivation and ethnic and religious linkages.46 Those not receiving appropriate support packages are highly vulnerable to involvement in trafficking.

141. Women and girls are particularly susceptible to a higher degree of exploitation by unscrupulous elements. When women and girls are separated from male family members in the chaos of flight or during war, they are especially susceptible to physical abuse and rape, which may continue, even after they reach the asylum country. Single, widowed abandoned, unaccompanied minors, and lone heads (children and adults) of household are all at high risk of sexual violence. The combination of the absent of social/family supports and adequate income force many refugee women to enter into CSW. Until alternative income generating opportunities are made accessible to these women, sex work will likely remain a frequent means to survive. Refugee women without proper documentation are particularly susceptible to exploitation and abuse. Since women are not routinely provided documents showing that they are legally in the country, they may find it difficult to obtain international assistance or work authorization without documentation and may again turn to sex work or may become victims of traffickers.

142. Internally Displaced Persons (IDPs) are also highly vulnerable to being trafficked. The term IDP does not share a universally agreed definition by the international community. Conditions such as violence, human rights violations, environmental disaster, natural calamities, political unrest, loss of land and property, displace families forcing them to search for places of refuge. IDPs are generally without resources and without official residence or government recognition their status makes them more susceptible to adverse situations such as trafficking. When displaced people find themselves in desperate circumstances with no options, they are ready to adopt any means of survival.

143. The escalating insurgency by the Maoists in the past six years has forced many thousands of women and children to leave their communities. Social disintegration and overall economic decline is intensifying the numbers of de facto IDPs in Nepal. It is estimated by some that nearly one-third of the total male labor force has emigrated to India or other countries for menial jobs, and mercenary services. The armed conflict is interrupting basic services, restricting development assistance, and the breakdown of family and community networks as men either join the conflict or migrate to seek employment elsewhere to support their families. This has left many women in the affected districts looking after their children alone and scraping together an income under increasingly difficult circumstances. Women are also vulnerable to rape and sexual exploitation which are common features, if not actual weapons of conflict. This type of suffering is leaving deep psychological wounds, which can severely undermine the capacity of both women and their communities to recover.- and women are crucial to the recovery process of both their families and the wider community.

144. As one woman from Mirul of Rolpa (who requested to remain anonymous) stated in an interview with the RETA Team, “To stay is to risk being picked up by the police, tortured and executed on suspicion of being a ‘Maoist’. To collude with the state is to invite the midnight knock - be hauled out by masked men and women with red headbands and have your limbs chopped off”.

46 Framework South Asia Forum for Human Rights (SAFHR), 2000, Protection of Refugees in south Asia: Need for a Legal, Lalitpur, Nepal p1. Para 4. 49

145. Many thousands of women and children are moving to Kathmandu in particular. According to the Mayor of Kathmandu Metropolitan, Mr. Keshav Sthapit, the buying and selling of land property as well as building houses have also grown dramatically in the city. “In general, we usually have 2,900 applications for building constructions in a year, but this year it suddenly grew to over 4,000 in the past nine months.” he added. At the RETA National Consultation Workshop, several participants confirmed police estimates of 250 persons entering Kathmandu each day from the rural, strife-ridden areas. Few services are available to these migrants and employment opportunities are very limited. These IDPs become a target for organized traffickers who easily recognized their desperation and lack of choices. There are few stakeholders working in Kathmandu to raise awareness of the dangers of trafficking or to find alternative means to meet basic needs. ADB urban upgrading and environmental projects have the potential to identify these recently arrived migrants as targets for poverty reduction components.

5. Factors Associated with Governance

146. Governance is the system of government policies and programs necessary to perform a number of vital functions: make decisions and coordinate policies; establish an enabling environment for private sector growth ; deliver certain critical sets of goods and services; and promote equity 47 147. Good governance for poverty reduction requires public policies that encourage the inclusion of the poor and other vulnerable groups in the development process. This involves pro-poor public expenditures, social services that are nearer to the users and have more relevance for the poor, policies that generate equity and access to socio-economic assets and enhanced social relations – including gender equity and the improved status of women. To improve governance, it is necessary to empower communities, individuals, and groups so that they can participate in decisions that affect their lives.

148. The decentralization of government decision-making regarding planning and delivery of services to the District and village levels has the potential to enable communities to ensure that services are more responsive to their needs. Women elected officials now make up 33% of these decision-making bodies at all levels, and extensive efforts are underway to empower these women to respond to the needs of other marginalized women in their communities. However, empowering women to seize these opportunities is a long term process, and as identified above, those women most vulnerable to trafficking are the least likely to participate in social mobilization and remain unable to access services an program that would build their resistance. Severe recent budget constraints put in place since the declaration of the state of emergency in November 2001 is now putting pressure on national budget allocations to non-emergency programming that will slow down the decentralization process and the improvement of services and programs in general.

149. Enhanced service delivery is the aim of most ADB projects, but as noted in the recent medium-term agenda and action plan for promoting good governance48 “a key need … is to transform the orientation of public services from inward-looking … to allow customers a greater say in the coverage and quality of services delivered…In the absence of competition, consumers need to have a forum to voice their opinions about the services provided which, in turn, requires government to provide such forums for opinions to be expressed and grievances to be dealt

47 ADB, 2000, Promoting Good Governance, ADB’s Medium Term Agenda and Action Plan, 48 Ibid. 50 with.” As these approaches are implemented, it is vital that those most marginalized are assured their voices are also heard and that the empowerment of elected women officials is incorporated. A key step in this process has been ADB’s support to decentralizing governance and women’s empowerment, for example the recently approved loan, Government Reform to Improve Services Delivery in Nepal.

150. Another aspect of good governance is the capacity to extend protection from criminal acts such as trafficking. Despite the existence of legislation intended to extend such protection, many of the most vulnerable are not aware of or able to access adequate protection. As discussed earlier, few cases of trafficking are registered with the police compared to the number of women and girls identified as missing. Cases are not reported for many reasons, several of which can be linked to social silence and connivance. Local government officials and decision- makers also may not be aware or exposed to the complexities of how to offer protection from traffickers and hence do not follow up on cases, or understand the leadership roles they could play in ensuring that legislation is more effectively enforced.49

151. The police are also frequently cited as not responding appropriately either by protecting the dignity of the trafficked person or taking strong enough action against the perpetrators. The following data from the Crime Prevention Branch of Nepal Police Headquarters clearly documents the discrepancy between the number of cases brought to the police and the estimates of flows of trafficked persons through the hands of traffickers.

Table 6: Cases Registered against Girl Traffickers in Nepal Year No. of Registered No. of traffickers Involved Cases Male Female

1990/91 104 - - 1991/92 137 - - 1992/93 117 261 62

1993/94 126 256 66 1994/95 102 165 69 1995/96 149 - - 1996/97 133 - -

1997/98 117 - - 1998/99 130 - - 1999/00 110 - - 2000/01 No data available Record from Crime Prevention Branch of Police Year, 2001

152. AIGP Govind Thapa apprised RETA team that the number of cases filed in the police stations does not reflect the real picture. He further explained that the trafficked women are mostly those who are seeking better opportunities, and are trafficked from dance restaurants and bus parks. When asked about the responsibility of the police forces particularly in the border regions he briefed the team that training courses are being conducted for the border police officers along with special training packages for the police personnel working in women and child

49 See sections on levels of enforcement of existing legislation in RETA 5948 Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia. 51 centers. Annual cross-border meetings are held between the police officials of India and Nepal in order to accomplish cooperation between the two countries to curb cross border trafficking. The police department has further developed DBMS (Data Base Monitoring System) in order to track trends and thus design more effective procedures to combat trafficking, consisting of: CCIS (Crime and Criminal Information System); IRIS (Incident Report Sub-system); and, CRS (Criminal Record Sub-system). 153. These efforts are limited however by a lack of documentation because of extremely low levels of registration of births and marriages. This is an area requiring increased attention to make monitoring systems more effective.

C. Demand Factors

154. The demand for trafficked labor comes from a wide range of sectors, including: commercial sex work, where trafficked persons are required to provide sexual services in Nepal or are transported to India or other destinations such as Pakistan, Gulf States etc. There is also a demand for CSWs in Nepal in sites other than brothels or dance bars, such as along highways, in small communities. Camps where temporary construction workers live have also been identified as sites where trafficked CSWs are brought as well as children abused through commercial sexual exploitation.

155. There is also a growing demand for trafficked labor in factories where trafficked persons become debt-bonded to factory owners or coerced into work under slave-like conditions. Asia has become a center for low cost, labor intensive, manufacturing operations. Competition between countries in South Asia has driven the cost of labor further down encouraging some employers to use illegal practices such as bonded labor to access cheaper and cheaper labor sources.

156. There are also some anecdotal accounts of trafficked child labor used as domestic workers, but this sector has not been explored extensively. There is resistance in many Asian countries as middle class professionals are strongly implicated in hiring child labor in their homes, whether trafficked or not. Children are also trafficked into the control of begging syndicates, camel jockeys in the Gulf states and other sectors of entertainment, such as circuses in India.

157. Addressing these demand factors are as important as the measures to address push or supply-side factors. There has been some effort made to improve labor standards in Nepal which are most successful when involving private sector partnerships and increased corporate responsibility. The demand for CSWs can also be tackled, for example through links with HIV/AIDS programming and awareness raising among contractors and in construction camps in infrastructure projects.

158. During the National Consultation WOREC recounted that in a region where a cement factory was being built, their enquiries uncovered that the CSWs operating inside the camp were all women who clearly chose to remain in this sector. However, some distance from the construction site, at least one VDC distant, traffickers had set up operations coercing adolescents and young women into providing sexual services for construction workers, but at sufficient distance from the camp so as to avoid detection. This implies that any efforts undertaken to address demands conditions, such as those presented by temporary construction 52 camps need to be carefully monitored and impacts assessed beyond the immediate confines of the camp.

159. Finding / Recommendation: There is remarkably little work carried out on the demand conditions for trafficked labor. As governments and international agencies are starting to pay more attention to illegal and irregular migration patterns, the demand conditions that create profits for human smugglers to turn to direct trafficking should be examined an understood more carefully. There is potential for ADB to play a role in these efforts as labor market conditions form a key area in poverty analysis and policy dialogue at regional and country levels.

160. Increased awareness among local level governance structures (e.g. members of District Development Committees (DDCs) and Village Development Committees (VDCs) and other local elected officials, religious groups etc.) can also play a role in shaming those using trafficked labor into changing their practices. Governance projects could take up these issues as areas where rule of law and respect for labor practices has the potential for longer-term outcomes of reducing the demand for trafficked labor. Working in partnership with the private sector (as encouraged in ILO projects) to strengthen corporate responsibility for implementing Core Labor Standards is another avenue for action. It should be noted, however, that some South Asian countries are suspicious of the rationale of some organizations to push strongly for enforcement of labor standards, as some developed countries have used this issue as a mechanism to limit trade from cheap labor areas50.

D. Impacts of Trafficking

161. Another area with little or no attention paid to research or data collection, is regarding the impact of trafficking. The following are general areas that could provide additional arguments for advocacy with government and other stakeholders to address trafficking concerns more vigorously.

1. Social Impacts

162. Trafficking in Nepal exploits and perpetuates patriarchal attitudes and behavior that in turn undermine efforts to promote gender equality and eradicate discrimination against women and children. However, there are conflicting aspects to the social impacts of trafficking, as for many women, trafficking episodes, while cause harm, also provided opportunities to remove themselves from otherwise oppressive circumstances. As stated in Blanchet’s recent study for USAID in Bangladesh51, women who have returned remained silent about their experiences, especially concerning CSW, and brought home with them not only some savings, but also more experience of the world. Some of these women have managed to turn these experiences into personal empowerment within their communities. These cases can be termed “self-integrating” trafficked persons without assistance from NGO or government programs. In many other cases, however, the return home has proved too restrictive and they return once more to a migrant life. Even though these findings are from Bangladesh, stakeholders in Nepal agree there are many similar experiences from Nepal and this again points out how safe (or less harmful) migration experiences can be empowering for women, and the need for more understanding of how this can be achieved.

50 See recommendations in the RETA Regional Workshop Report. 51 Blanchet, 2002, op cit. 53

2. Economic Impacts

163. Economic losses to communities and governments are enormous if considered in terms of lost returns on human or social capital investments. The cost of countering criminal trafficking activities puts additional strain on already limited government resources for law enforcement. Vast amounts of potential income from trafficked labor is lost in “hidden” sectors such as CSW or is expropriated by criminal traffickers and diverted out of the formal economy and sent out of the country. There are many sectors of the Asian and Middle Eastern economies that rely upon low cost and often trafficked migrant labor, but if reasonable returns could be made on this labor by the migrants themselves and mechanisms are put in place which facilitate remittance and reinvestment of such savings to improve livelihoods in a sustainable manner, poverty conditions could be alleviated and the vulnerability to trafficking (as an outcome from risky migration) could be reduced. As sending, transit and receiving countries seek to stem trafficking and human smuggling activities, the economic benefits of safe migration should not be ignored.

3. Health impacts and HIV/AIDS

164. Trafficked persons have often faced extreme psychological stress which in turn leads to trauma, depression and in some cases suicide. A trafficked woman or child may be exposed to isolation, fear, sexual abuse, rape and other forms of physical and mental violence. Emotional stress in usually compounded by constant fear of arrest and public stigmatization making the thought of returning home fearful. These harms are both short term and long term. Mental health experts are understanding more about the enormous impact of post-trauma periods over many years which might influence the capacity of a woman to care for her loved ones or negotiate through future emotional challenges once the harm has stopped. These impacts reach beyond the individual, as trafficked persons require resources to be used from already overstretched health services.

165. Between October 1996 and September 1997, the number the World Health Organization estimated that the HIV infected cases in Nepal was 10,000. The National Center for AIDS and STD Control says 90 percent of infection is through sexual contacts and the rest is by sharing needles and instruments, and blood transfusion. 52

166. Women and children located in the commercial sex sector, either trafficked or otherwise, face higher risk of contracting sexually transmitted diseases (STDs), HIV/AIDS, tuberculosis and other diseases. Mobile populations in general face greater risks of contracting STDs as their family community lives are disrupted. Many of the children most at risk of being trafficked, particularly urban street children, are also considered to be high risk groups for contracting HIV/AIDS through drug use, sexual contacts and other behaviors. Stakeholders seeking to combat trafficking and to address HIV/AIDS are therefore working with similar risk groups and there are many examples of combined programming or collaborative approaches (e.g. UNDP HIV and Development Program for South and Southwest Asia ) that have ensured women and girls are empowered to protect themselves from HIV infection and resist or exit from trafficking experiences.

52 Department of Labor, Labor Administration: Annual Report Fiscal Year1998-99, Kathmandu. 1998. 54

Table 7: Cumulative HIV/AIDS Situation in Nepal (as of 31 August 2000)

Condition Male Female Total HIV Positive (Including AIDS) 1,164 493 1,657 AIDS (out of total HIV) 254 129 383 Source: National Center for AIDS and STD Control

Table 8: Cumulative HIV Infection by Sub-Group and Sex Sub-group Male Female Total Commercial Sex Workers (CSW) 359 359 Clients of CSWs/STD 963 32 995 Housewives 94 94 Blood transfusion/transplant 1 1 2 Injecting drug use 189 1 190 Prenatal transmission 11 6 17 Total 1,164 493 1,657 Source: National Center for AIDS and STD Control Table 9: Cumulative HIV infection by age group Age Group Male Female Total 0-5 years 10 4 14 6-13 years 3 3 6 14-19 years 63 138 201 20-29 years 675 259 934 30-39 years 338 74 412 40-49 years 64 14 78 50 and above 11 1 12 Total 1,164 493 1,657 Source: National Center for AIDS and STD Control

167. Increased incidence of HIV/AIDS is also believed to have lead to an increasing demand for younger commercial sex workers, who have higher probability of being free of diseases. There remains strong resistance amongst many men to recognize they are HIV carriers. There have also been reports of myths circulating that having sex with a virgin will actually cure STDs. Tragically these false notions are creating a market demand for younger girls even below 12 years of age. There are many highly innovative programs already in place in South Asia seeking to change high-risk behavior, particularly among mobile male populations that have the potential to contribute to curbing demand for some of the most exploited commercial sex workers. 55

168. However, links between trafficking and HIV/AIDS have to be explored with caution. Many trafficking awareness-raising campaigns have inadvertently conveyed the message to fearful communities that all trafficked persons are infected with the disease leading to further stigmatization of all women returning to their communities.53 There is also often tension between the public health objectives of HIV/AIDS programming and attempts to combat trafficking. In some cases, the delivery of public health messages concerning HIV/AIDS risks among CSWs has been carried out by co-opting the support of pimps or brothel owners, who are also abusing and exploiting child labor. Forced testing of returning migrants as a public health measure has also considerably increased stigmatization as women have been humiliated by the procedures and attitudes of health officials.

53 At the RETA Regional Workshop, May 27-29, 2002, WOREC provided an example of this occurring from their own early programming to combat health concerns among migrant women. Other participants at the Regional Workshop confirmed this experience as being similar to that of other stakeholders in Bangladesh and India. 57

V ANTI-TRAFFICKING PROGRAM STRATEGIES

169. A large number of government bodies, NGOs, International Non-governmental Organizations (INGOs) and civil societies in Nepal are initiating anti-trafficking intervention programs. The following sections review government and NGO stakeholders and programming in prevention, interception / rescue and integration activities. The analysis is intended to provide guidance to ADB on how to build partnerships with stakeholders to more effectively mainstream trafficking concerns into its operations. The conclusions are also of relevance to certain objectives of the government’s National Plan of Action (NPA) and to the SAARC Convention, particularly Article VIII.

A. Identification of Stakeholders

170. A wide range of stakeholders are involved in programs and activities to address trafficking concerns in Nepal, including civil society organizations, government departments, INGOs and donors implementing and funding programming to combat trafficking. In order to improve collaboration and cooperation between stakeholders and to ensure that there is no overlapping or replication of programming, several attempts have been made to identify who is doing what and where. MWCSW in 1998 published a Directory of Organizations Working Against Trafficking based on requests for information to as wide a group as possible. National Network Against Girls Trafficking (NNAGT) also prepared a map that identified the districts where each NGO was working in 1999. The Institute for Integral Development Studies (IIDS) has been preparing an updated list that will not only identify NGOs working from the Kathmandu Valley but also smaller community based organizations in more remote areas. A questionnaire will be sent out requesting detailed information from the organizations and follow up will be undertaken to verify information supplied. This list is expected to be ready by the mid- 2002.

171. As there are now so many organizations working to combat trafficking across Nepal, this RETA has not had the scope to develop a comprehensive list, especially as there is an ongoing effort to compile such a list. Once the IIDS project is completed, it should be relatively easy to identify which NGOs are working in each district and what they are doing so other programming can link to combat trafficking. However some of the organizations working to prevent sexual exploitation of women and children recognized in the various documents and records that were reviewed for the study are ABC Nepal, Maiti Nepal, WOREC), Watch, Asmita, CWIN, HimRights, INHURED International Shanti Rehabilitation Center, Stri Shakti, Women Awareness Campaign- Nepal (WACN), Legal Aid and Consultancy Centre (LAAC), Shakti Samuha, Beyond Beijing Committee, CAC-Nepal and Forum for Women, Law and Development (FWLD). In addition, a number of human rights organizations as well as sister organizations of political parties are also working for the same goals. Women’s Security Pressure Group, an NGO Coalition of more than 90 NGOs formed in 1992, works for the rights of women with special focus on sexual exploitation. The two anti-trafficking networks, NNAGT and AATWIN have a host of organizational members. However, there is still the need to co-ordinate the activities of these two organizations as their ideologies differ resulting in conflicting messages and duplication of efforts.

1. Government

172. The Focal Point for addressing human trafficking issues in the government is the MWCSW. A National Plan of Action (NPA) to guide the government’s response to the trafficking of women and children in particular was developed and approved in 1998 in consultation with NGOs, INGO, multilateral and bilateral donor agencies. The NPA has six areas of 58 implementation dealing with issues such as: policies and strategies, enactment of appropriate legislation, raising awareness among the general population, health impacts, education and rescue and rehabilitation. This plan was reviewed and revised during 2001 in preparation for reporting on progress at the Second World Congress Against Commercial Sexual Exploitation of Children, held in Yokohama in December 2001.

173. Other ministries and departments are also involved in anti-trafficking activities. The Police have been actively increasing their capacities to combat trafficking through law enforcement. The Ministry of Law and Justice has been involved in legislative reforms, and the Ministry of Foreign Affairs is implicated in efforts to improve bilateral and international agreements, especially concerning rescue and repatriation of survivors. The Ministry of Labor has been less directly involved also sits on the 16 member National Coordinating Committee set up under the NPA to encourage cross-ministerial responses to combat trafficking. Figure 3

Existing Government Network

Ministry of Women, Children and Social Welfare (National Focal point)

National Co-ordination Committee Chairperson-Minister MWCSW Membership (16)

National Task Force Chairperson Secretary MWCSW Membership (16)

District Task Force Chairperson-DDC Chairman Membership (16)

Village Task Force Municipality Task Force Chairperson-VDC President Chairperson-Mayor Membership-12 Membership-13 (Various sectors) (Various sectors)

174. The Task force is regarded as a supreme coordinating body which is chiefly responsible in executing the plan and policies in combating trafficking. At the institutional level, the Task Force is designed to acquire political support from the local self-governance level and is also mandated to accumulate support from all stakeholders, including the civil society organizations. 59

175. Mr. Pratap Kumar Pathak, Joint Secretary at the MWCSW stated in an interview for the RETA that: “The Task Force is an integral component of the NPA which is an institutional arrangement to coordinate and expedite the activities of other stakeholders. One of the greatest advantages of the Task Force is that it is not only serving as a common platform but also as a legitimate body, thus all anti-trafficking programs require endorsement by it. This is not an implementation body rather it is a facilitating organ.” As a highly placed official siting as a member of this Task Force, Mr. Pathak, however, also confessed that the monitoring and resource mobilization parts are still lagging behind. “Due to frequent change in the leadership among stakeholders, maintaining stability of the Task Force is a challenge. Resource generation is not a big problem but effective coordination and sense of ownership among stakeholders both at the national and district levels needs reorientation on the scope, mandate and limitation of the Task Force. “

176. Stakeholders commented to the RETA Team that, in practice, the achievements of the Task Force are mixed. The recent decision of the government to cut fifty per cent of local government funds has severely jeopardized its scope and effectiveness. According to Dr. Rishi Raj Adhikari of Plan International, duplication of effort is still visible and the performance of the Task Force is weak. “ Sorry for my ignorance but I have no idea of the existence of such a Task Force in Makawanpur” one DDC member stated on the condition of anonymity during a RETA team interview.

177. The Task Forces at the district level are still operating on an ad-hoc basis. In the absence of a clear chain of command, many comment that coordination of activities among the members is generally limited. The circulation of information from the MWCSW is reported to be inconsistent. The police department also has been unable to demonstrate sufficient commitment to the coordination particularly due to ongoing political disruption, and other pressing security challenges.

178. “The Task Forces are poorly resourced to meet the growing demand at the community level. What can we do out of Rs 37,000 that is allocated for the Task Force for this year? Since there are several non-interest groups in the Task Force effective coordination and execution of programs receive lowest priority. Thus, we have created our own structures at the DDC to combat trafficking and child labour. The German Technical Cooperation (GTZ) and Oxfam Great Britain (GB) are assisting us for strengthening these two separate units”, Mr. Saresh Nepal, DDC Chairperson, Sindhupalchowk stated to the RETA team.

179. In the words of Ms. Bhagawati Nepal, member of Sindhupalchowk District Task Force, there is a serious information gap concerning the existence, scope, mandate and limitation of the Task Force. Ms. Bhagawati also commented that decisions appear to be politically biased and the frequent transfer of the Women Development Officer, who is the member secretary of the Task Force, causes difficulties in sharing decisions and in implementing the program itself. Progress has also been limited by the absence of District Plan of Action into which anti- trafficking initiatives could be integrated.

2. NGO Stakeholders

180. As mentioned above, there are a very large number of civil society organizations currently implementing anti-trafficking activities across Nepal. Some also have links with partner organizations and networks of NGOs in India and Bangladesh. Networks of NGOs have also developed in Nepal, and collaborate on specific issues, particularly concerning advocacy for 60 policy and legislative change. NNAGT has also developed a resource center available to any stakeholder containing reports, data and other materials.

181. There are also many organizations that work on issues such as gender equality and women’s empowerment who have made contributions to combating trafficking even though they do not identify themselves as undertaking specific anti-trafficking programming. Similarly community based organizations involved in social mobilization and activities such as legal and human rights awareness make contributions to combating trafficking. Many of these organizations are also involved in social mobilization as a component part of larger poverty reduction programs, or infrastructure development, and indirectly make it easier for anti- trafficking NGOs to work in the same districts. Any assessment of activities that have contributed to combating trafficking in a specific district or village would have to take into account this whole of range of programming that might be taking place.

182. A number of NGOs are engaged in various activities that raise awareness, give advice, and provide social mobilization operating with an underlying assumption that information and education leads to desired behavioral change. Information, education and communication (IEC) materials have been developed by most of the NGOs in conjunction with organizing rallies, seminars, workshops, street theatres, peer education, developing community support system and group formation. Income generation programs such as micro-credit, vocational training etc. are some of the key focuses of prevention activities.

183. As in many areas of development work, there are differing responses to the circumstances trafficked persons find themselves in from organizations working from different ideological foundations. For example, some organizations working on rescue and rehabilitation activities, consider that CSW of any kind is harmful and at any cost women should be removed and protected from returning to work of this kind. In some cases this has meant they have restricted the movement of rescue trafficked persons within the shelters, and they are treated as children whose opinions and behavior needs to be “changed”. Others take a rights-based approach that recognizes that any individual has the right to choose to be a CSW. This does not mean that these organizations condone the harm that is done to many survivors, or deny that prostitution represents an extreme form of exploitation of women as sexual objects. These different approaches are obviously reflected in the types of programming used for rehabilitation and integration. Differences of this kind can be found among organizations and activists working on many facets of anti-trafficking programs.

3. Donors, INGOs and Inter-Governmental Bodies

184. Tremendous efforts have been put in place in combating trafficking by donors, INGOs and inter-governmental bodies. Apart from coordination of different activities, in the recent years, these institutions have been providing both technical and financial support to the government and NGOs to address the problem. These organizations include: Redd Barna, Plan International, Action Aid, Asia Foundation, Oxfam, CEDPA, Save the Children Alliance, ILO/IPEC, JIT, UNICEF, UNIFEM, CARITAS Nepal, and United States Agency for International Development (USAID). An Informal International Agency Group (IIAG) has been formed in order to increase the flow of information between these stakeholders and to improve coordination of activities. One of the initiatives has been the development of a list of what activities each donor or INGO is funding. Another useful function is a regular opportunity to discuss issues and inform people of upcoming events and activities. Similar loosely based networking groups among donors and INGOs in other countries in South Asia have not been as successful as in Nepal. (See Appendix 1 with most recent list of activities funded by active members of the IIAG). 61

185. The programs undertaken by these agencies range from awareness raising, rescue and rehabilitation, developing training packages on human and child rights to convening workshops for judges, public prosecutors and lawyers in enforcement of legislation. Protection and prevention of children at risk and dissemination of information on CRC and CEDAW along with supporting governmental and non-governmental organizations to intensify anti-trafficking initiatives are some of the key elements. These agencies are also engaged in promoting women’s rights issues through capacity building programs, production of IEC materials and support for transit homes for children.

186. ILO/IPEC has assisted various micro level projects run by NGOs on awareness raising, rescue ad rehabilitation to develop training package to sensitize the primary teachers in human rights, child rights. It also supported the workshop for judges, public prosecutors and activist lawyers on enforcement of legislation on child labor and child trafficking. Currently ILO/IPEC is working with the MWCSW to build the capacity of the Ministry to combat child trafficking.

187. UNICEF has been assisting NGOs for the protection and prevention of children at risk, and rehabilitation of exploited children. The 1997-2001 co-operative programme with HMG of Nepal has placed greater emphasis on prevention rather than rehabilitation. UNICEF decided to adopt a comprehensive approach to prevention by influencing the passages of poverty that led girl children into the perilous path of commercial sex work and HIV/AIDS. UNICEF’s micro level projects with NGOs have been primarily with four groups of children those who have been trafficked or who are at risk, urban children as sex workers, the Badi children and Deuki children. It has also worked for awareness raising thorough compilation, translation and dissemination of relevant materials. It has supported the programs to promote and disseminate the ideas of the CRC and CEDAW.

188. UNICEF and USAID have provided support to several organizations including the department of Police to intensify their anti trafficking initiatives. Save the Children UK has provided support to Maiti Nepal for transit homes in important border points of Nepal.

189. The Asia Foundation has supported trafficking prevention programs in Nepal since 1996. It has been-supporting Maiti Nepal to conduct community based prevention education on trafficking. Recently, it has provided financial support to WOREC, Maiti-Nepal, ABC-Nepal, NGO Federation, and CeLLRd for collaborative action programs. It has also been conducting researches on trafficking under the financial support of the Population Council providing valuable recommendations on strengthening interventions to prevent trafficking and provide care and support to trafficked persons.

190. Caritas Nepal addresses children and women’s rights issues through its community development programs, awareness and capacity building programs and through its NGO networking activities.

B. Anti-Trafficking Programs

191. The analysis of programs undertaken by the full range of stakeholders and activists involved in combating trafficking in Nepal is built around the framework in Figure 5. 62

Figure 4: Programming Framework

COMMUNITY OR PRE-TRAFFICKING PREVENTION WORKPLACE

TRAVEL TO

DESTINATION INTERCEPTION / DURING RESCUE TRAFFICKING

PERIOD OF INVOLUNTARY LABOR

REHABILITATION REINTEGRATION POST TRAFFICKING REINTEGRATION INTO COMMUNITY

1. Prevention

192. Prevention programming is intended to “prevent” the cycle of trafficking from starting. Most prevention programming in Nepal is focused in communities at risk to address push factors. However, there are also activities and campaigns based in Nepal addressing issues such as child labor, which seek to address the demand side of the human trafficking cycle. 63

a. Government

193. MWCSW: Preventive activities which have been carried out under the NPA include: conducting action oriented research for identification of sustainable, community- based anti trafficking solutions; training and guidance programs; enactment of women’s property rights; enforcement of free and compulsory education; identification and amendment of discriminatory laws and effective implementation of anti trafficking legislation; awareness raising programs; promotion of sustainable income and employment generation activities; promotion of micro credit and other credit system to the most vulnerable communities and groups; and, organization of vocational skill training, entrepreneurial training and management training programs are some of the salient features of this initiative. 194. Under the revised NPA, income generation programming is also linked to the Ministry of Local Development (MLD). The Government has also established a policy of raising the status of children from marginalized groups guided by a governmental commission (Janajati Parishad) under the Ministry of Local Development (MLD). Since 1997 it has been organizing training skills and is also offering scholarships.

195. In 1998 the MWCSW with support from the International Program on the Elimination of Child Labor and the International Labor Organization (ILO-IPEC) program in Nepal developed a comprehensive, thirteen-point strategy for the prevention of trafficking. MOWCSW has hosted several consultative workshop on trafficking, and actively provided a forum for NGOs,GOs, Community Based Organizations (CBOs), policy makers, women’s groups, INGOs and members of the civil society. Meanwhile, the Ministry has been developing various literature and anti- trafficking IEC materials to raise greater awareness among the public. On May 2, 2002 the Ministry launched Documentation and Information Centre (DIC) and Compendium of Anti- Trafficking Publication and IEC Materials which will serve as a central resource centre on trafficking. Meanwhile, the Ministry played a leading role to pass bills on property rights, trafficking of women and children, and domestic violence.

196. The Government has demonstrated its commitment to address child labor issues by ratifying the ILO Convention 182 and 29 with a view to combating the worst form of child labor and two Optional Protocols to the Convention of the Rights of the Child regarding the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. Special bench for children has been created in all the 75 District Courts.

197. Nepal police have also been vigorously involved in the campaign against girl trafficking. In addition to the formation of national task force, a special unit – Women’s Cell - has been established within the police force with the financial support of UNICEF. The Women’s Cell is conducting different activities for prevention and protection of children and women from trafficking. As informed to the RETA team by Superintendent of Police Ms. Parbati Thapa and Deputy Superintendent of Police Gita Upreti, there are currently 16 cells –one each for a district, like Kathmandu, Lalitpur, Bhaktapur, Sindhupalchowk, Jhapa, , Chitwan and others. She feels that the women’s cell is one of the major achievements of the government of Nepal in this regard to monitor violence against women. “Most police officers involved in the cell are women and are adequately trained to investigate issues concerning women and children”, says the 64

Senior Superintendent of Police Mr. Chuda Bahadur Shrestha. The cell provides a training package for policemen and has a course of study in the following 5 topics: • Domestic violence; • Gender justice; • Trafficking; • Rape; and, • Sexual exploitation.

Table 10: Nepal Police (Women’s Cell)

Objective To strengthen Women’s Police Cell To organize workshops, rallies to increase awareness against trafficking To conduct orientation program for local leaders and community members To strengthen social support for fighting against trafficking To conduct training for trainers programs To establish Data Base System

Approach Rescue, Rehabilitation, Reintegration

Program Police Cell is established under the command of Senior Police Officer in Sites different districts that are considered to be most traffic-affected areas Source:SAP Report on Commercial Exploitation of Children August 2001

198. Public Policy to support Prevention of trafficking of women and children: As the low status of women in Nepal society and gender-based discrimination are identified as a significant causes of vulnerability to trafficking, overall efforts by the government to improve women’s status and gender relations can be seen as contributing to trafficking prevention activities. The government has initiated some proactive initiatives to promote gender equality, but the results have been disappointing. Some government agencies responsible for improving gender equality and women’s issues are struggling with resistance from the rest of the government system. There are poor budget allocations to undertake extensive monitoring and evaluation mechanisms. Skills to carry out gender analysis of policies and programs are limited, and attitudinal change is slow to take place.

199. The MGEP is a milestone initiative in challenging the notion that women should remain close to their homes and not be seen in public places, such as markets. Since mobility constraints hamper women’s participation in income generating activities, visiting markets to sell goods or to purchase raw materials and locating activities within women’s reach is fundamental to alleviate the poverty from feminist perspective. Initiated in June 1998 and to be completed in June 2002 in 11 districts ((Baglung, , Banke, Bhaktapur, Dadeldhura, Dang, Kathmandu, Kavre, Kailali Myagdi, Siraha and Udaypur) MGEP provides institutional and technical support for the implementation and monitoring of Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) to address systematic discriminations and disparity between men and women. It supports women’s development through the generation of gender disaggregated data for national planning and resources allocation that are gender equitable. It facilitates the transformation of women-in-development processes to gender-in- development by implementing gender mainstreaming interventions within UNDP-supported programs to bring about program implementation linkages from the macro to the micro level for bottom-up planning by building on and complementing local agency initiatives underway at the grass-roots level. 65

200. MGEP is also working to increase the number of women in leadership and decision- making level and building the capacities of HMG in formulating gender re-distributive policies and legislation.

201. The number of women leaders in decision-making positions at the national level, women in higher judiciary levels, in the Planning Commission, in civil service, in police and armed forces remains insignificant. Quotas for women in elected positions in local government have been enacted, but the capacities of these women to take up meaningful roles in local planning and decision-making is limited. Efforts to train these women are now being supported by various donors and INGOs. It has been argued that women in local government – particularly at the village level – should be encouraged to take a leadership role in trafficking prevention. As the violent insurgency followed by state of emergency continue to pose threat to peace, security and development, there is a potential risk of slashing or diverting funds previously earmarked to promote gender equality initiatives, to meet the unprecedented defense budget.

b. NGO Programming

202. Prevention strategies vary between NGOs due to different approaches to the definition of trafficking and its linkages to prostitution and migration. As stated above these models can be seen to vary between welfare approaches and rights-based approaches.

203. Many NGOs and other voluntary institutions have initiated awareness-raising programs among vulnerable groups, parents, teachers, community leaders, employers, lawyers, police, public officials, law enforcement agencies and general public on the issues of trafficking, gender discrimination women and child rights, victim’s support and impunity. The strategies also include providing education and information to children on child rights, sex, adolescence, sexual abuse and trafficking and HIV/AIDS.

204. Increasing livelihood options through skill building, micro finance programs and so forth, combined with empowerment activities conducted by some NGOs are guided by the experience that increasing economic stability alone will not address vulnerabilities to trafficking. Many programs include a package of specific legal awareness activities, support for formal schooling or enrolment in special non-formal education classes as well as vocational training or skill building, micro-credit, income generation program etc. Some of the common activities include credit to buy cattle, chicken or sewing machines, training on sewing /tailoring, and bee keeping, etc. This holistic approach attempts to address the multiple factors causing trafficking. However, smaller NGOs do not necessarily have the capacity to implement complex programs such as this.

205. Efforts to collaborate among NGOs and coordinate activities led to NNAGT preparing a tentative mapping of NGOs working in different districts and disciplines. The number of NGOs and their scope, mandate and activities have dramatically increased and diversified after the mapping was exercise was carried out. “The mapping is an excellent beginning but it does not reflect the representative picture of all stakeholders”, says Dr. Madhavi Singh, Coordinator of NNAGT.

206. The following are some examples of activities currently underway:

207. AATWIN, a coalition of 17 organizations primarily working on the rights-based ideological approach is conducting awareness programs and workshops, orientation program for press and media persons on trafficking issue and conceptual clarity workshop at regular intervals. It has 66 conducted various interaction programs, debate and discussion on the SAARC trafficking convention along with urgent appeal action in the SAARC region to lobby the heads of the government to incorporate the issue as a matter of common regional concern. In the first year of its establishment, AATWIN is basically focusing on the interaction and networking with different organizations and in the campaigning, advocacy and lobbying activities. This includes several education and awareness programs targeted to different groups, conceptual clarity for the network members, international letter campaign and pressurization of the concerned government authorities to take action. Commencement of the special campaign “Women in Black” as a silent protest against trafficking and selling of women and children on the occasion of the second anniversary of the UN Fourth World Conference on Women on 31 August 1997 was a major spotlight in their mass sensitization campaign.

208. Maiti Nepal also is playing a leading role in advocacy and awareness campaigns to highlight the issue of trafficking of children. It has deputed its volunteers for aggressive interception in 14 different exit points at Indo-Nepal border. This semi-policing job carried out by the organization has also dramatically brought the issue of cross-border trafficking to the public’s notice despite resentment by other similar organizations advocating migratory and mobility rights of women. Maiti Nepal has established formal partnership with various organizations in India and other countries to establish linkages for tracing the trafficked persons and the perpetrators, information sharing, advocacy and lobbying.

209. OXFAM GB Nepal has been launching a program called “Women in Decision Making” with theme of “political empowerment” under the umbrella of Gender and Development. The program has been carried out in 49 VDCs of 11 districts. According to Ms. Meena Poudel, Director of the organisation, the prime objective of the program is to combat violence against women (VoW) in which trafficking is a major component. During the course of the implementation of the project three major achievements are found visible. Those are: i) registration of VoW cases in VDCs , ii) resource allocation by VDCs to combat VoW and iii) confidence building and greater bargaining capacity among elected women.

210. This program has also been adopted as a means to address trafficking concerns within communities. The elected women at the VDC level are encouraged, among other issues, to take leadership in support of those returning from trafficking experiences, or to build community resistance to traffickers operating within their communities. This approach has been adopted rather than stand-alone anti-trafficking activities, and adopts a “mainstream” approach to build community resistance. With adjustments based on implementation experience, OXFAM has begun the replication of the success in India, Bangladesh and Pakistan. Similar efforts shall be initiated in Afghanistan in the near future.

211. Some constraints have emerged while implementing the Oxfam project in Nepal. Conflict between empowered women and the male members has deepened due to ego problem. In many instances, the traditional ‘harmony’ has been distorted and there is a high level of expectation from the target groups which cannot be met in the present socio-economic and political atmosphere. This has resulted in frustration and bafflement among women and the family.54

212. CeLRRd is conducting massive awareness program. It conducts research activities on socio-legal issues having direct impacts on the lives of the people together with extensive paralegal and general legal awareness program for the benefit of the grass root community. It is

54 Interview with Oxfam GB Nepal staff, RETA Team, April 2002 67 continuously lobbying for essential, appropriate and adequate legislation including professional law making assistance and services. Keeping in view the success of community surveillance, CeLRRd is also in the process of expanding and strengthening local surveillance groups and forming a similar national structure at a national level in collaboration with Nepal Police and other stakeholders.

213. WOREC is playing an active role in advocacy and awareness campaign, It is working in 10 districts directly and with 500,000 women indirectly. Mass rallies are organized, books, comics and posters are distributed for raising anti trafficking awareness in the affected community. It has also produced video film against trafficking of girls “Bedana Ra Mukti”, as a peer group approach the organization conducts training packages involving income generation and literacy programs for girls. WOREC is also taking a lead role in enhancing the campaign for safe migration and ensuring the freedom of movement of women and men. It has developed a comprehensive training manual to deal with the issue of cross-border trafficking and migration connectivity from human rights perspectives while keeping in mind the distinct and specific needs of women and children in all stages of intervention i.e. prevention, rescue and rehabilitation. It advocates for mandatory pre-departure training by employment agencies and establishment of migration counseling centers in each VDCs of Nepal.

214. ABC Nepal is engaged in organizing training sessions on women’s leadership and skill development along with awareness raising programs. One of the pioneer organizations in combating trafficking of women, it is also undertaking special education programs for drop-out girls along with counseling and rehabilitation for rescued girls in the prone areas. Apart from this, the organization has initiated different activities to identify the needs of youth and their role in addressing trafficking and AIDS. In the past it has coordinated rallies and talk programs under “Save our Sisters” campaign.

215. HimRights and INHURED International supported by Plan International are jointly working in 3 districts of Makwanpur, Bara and Rautahat as a pilot project on trafficking prevention. They have produced varieties of IEC materials such as comics, music albums and films, billboards, posters, calendars etc. to raise anti trafficking consciousness among the grass root people. Recently, they conducted a exposure trip for community stakeholders to Mumbai, India to study various aspects of trafficking at the demand side and establish new bilateral partnership for action. Monitoring of prone zones/clusters and community intervention are their ongoing activities. The organizations have been actively involved in lobbying for legislative change at national level through a variety of training programs. They have prepared an alternative draft to the SAARC trafficking convention in conjunction with other civil society groups in the South Asia region.

216. South Asia Partnership Nepal supported by UNICEF worked with Badis children in Rajapur in 1997-99 as a preventive approach and supported a hostel for the Badi children. The organisation accomplished the task of preparing a national position paper on commercial sexual exploitation of children for recent Yokohama conference.

217. LACC runs a Women’s Rights help line to provide legal advice and referrals, free legal representation and mediation, training workshop on legal awareness.

218. Shakti Samuha (Empowered Group) is working in carpet factories to raise awareness among women and children through peer education as well as organizing street theatres, drama and counseling. 68

219. Asmita is working in the field of media monitoring on gender justice with particular focus on trafficking. It has developed specific guidelines on media monitoring.

A girl from Udayapur district in Nepal, who had left school in grade 4, attended a six- month village women's leadership programme run by a NGO Navjyoti She is working with one of the organisations in Kathmandu as a Non-formal Education (NFE) facilitator. She said that she is now economically independent and confident and her brother, who is studying for a diploma, is very dependent on her. Since she has received training, a qualification and work experience, she is sure that she will not be jobless. The job gives her cash, confidence and respect. (Source: Navjyoti report, case study)

c. Findings

220. For those women and children compelled to migrate or move from their communities to meet basic needs, community-based poverty reduction programming can play an in important role in trafficking prevention as migration and promises of better jobs can be resisted if other options are available at home. Increasing the livelihood options for those with few resources is vital. Programs seeking to increase incomes for women as well as households as a whole will also help the most vulnerable withstand shocks such as natural disasters, forced resettlement etc. However, addressing economic issues alone is not sufficient to combat trafficking.

221. Factors, which lead to ABC Nepal conducted a situation analysis social disintegration of families and research in two traffic prone areas of communities, also need to be Sindhupalchok, namely Ichowk and Mahakal. addressed. Awareness raising, When asked about the reasons for girl trafficking in education, programming to Ichowk village committee, the majority of the increase the status of women and respondents, in both the VDCs said that they had girls and address other no other option open to them. They said that discriminatory traditions can help income generating activities for women of the build collective efforts to combat villages were not available. Without another trafficking. Safe migration source of income women may be more easily messages are now being included lured to the glamour and money associated with in awareness messages by some going to the brothels in India than if there were organizations in recognition of the additional alternatives. fact that many women and Source: “A Situation Analysis Report on Girls Trafficking in adolescent girls wish to migrate Sindhupalchowk” Mahankal and Ichowk VDC- ABC Nepal anyway, especially if they have been attending school and are aware of how other options are available outside their communities for their self-realization. The combination of approaches needs to be incorporated into any prevention programming and that recognizes that some people will always want to move away.

222. Legal awareness is also important so that those most at risk understand their entitlements to protection from criminal acts, and the community as a whole is aware of the criminal nature of trafficking and their implications in supporting individuals who seek to take punitive measures against perpetrators. This kind of awareness has changed the culture of impunity within which the traffickers operate in some areas of Nepal. Law enforcement and community leadership also plays a role within the community to prosecute traffickers 69 demonstrating that they will be at risk if they continue to operate in their community. Community surveillance has also raised awareness among a broader group of who might be at risk. ‘However, care must be taken not to equate women leaving the village with trafficking. Similarly care must be taken not to abuse the system, so that it does not become a mechanism for controlling women and girls.'’

223. It is also important that the community and local government take steps to protect the most vulnerable, such as children living under difficult circumstances and those separated from their families because of civil conflict. Again awareness raising within a community that helps identify what steps can be taken to protect these children, such as creating shelters, and assisting those living in violent abusive situations can help these individuals to remain safely in the community. Safe migration messages and provision of basic food and shelter in destination areas, such as Kathmandu, is also important to assist IDPs and build their resistance to false promises from traffickers. Experiences have proven that merely launching programs cannot possibly reach every affected individual. In the long run families and communities need to be assisted and encouraged to take responsibility for of their own children.

224. The effectiveness of prevention programming within communities is not clear as there is limited monitoring of existing activities. More documentation and monitoring are urgently needed to help assess the relative effectiveness of different kinds of intervention. 55. In some communities informants claim strongly that following prevention activities trafficking is reduced or eliminated, but traffickers may have simply moved to other communities rather than actually stopped their activities. New trends are also emerging as traffickers increase their activities in urban areas and the reports of educated girls also being trafficked through fake marriages or offers for better opportunities. These types of changes need to be tracked and programming adjusted accordingly. More information, however, is required and feedback into program design and implementation through improved monitoring mechanisms.

225. Furthermore, appropriate indicators have not been identified even for shorter term outputs from community development based programming, let alone those required for longer term assessment of factors such as community behaviors and attitudes towards traffickers and trafficked persons; or whether or not reductions in actual incidents of trafficking mean only that traffickers have moved to another area. There is interest from the Population Council to take the lead in encouraging a group of stakeholders in the region to develop indicators and to build monitoring and evaluation capacities among activists and service delivery organizations.

2. Interception/ Rescue

a. Government

226. MWCSW: The NPA under its cross border, regional and international initiatives aims to strengthen anti-trafficking efforts at the bilateral, regional and international levels and includes activities such as initiation of bilateral talks and development of an agenda for anti trafficking measures. Apart from this, the establishment of a network system to co-ordinate anti-trafficking operations at the bilateral and regional level and the enforcement of extradition treat are also identified as key elements to strengthen the government’s response to rescue and repatriation concerns. The NPA also identified the need for compensation provision for the trafficked persons, establishment of regional court for legal action, and the creation of a database system for sharing information at the regional and international level. Little concrete progress has been

55 The Asia Foundation/Population Council/Horizons,Dr. Catrin Evans, Pankaja Bhattarai: A Comparative Analysis of Anti-Traficking Intervention Approaches in Nepal, December 2000, p 18 70 made in these areas. However, the impetus of the signing of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in January 2002 may push this process forward as commitment to carry out many of these activities are included in the Convention.

227. The activities aimed at rescuing trafficked people also include setting up cross-border patrols and spot checks, development of strong networks with NGOs and establishment of a registration and counseling system for girls and boys at the entry/exit points. However, implementing these plans effectively has been dogged by poor allocation of resources to programming.

In an interview with the RETA team, Shri Krishna Subedi of HimRights-INHURED, who has been monitoring interception activities for the last two years, stated that the border patrol have poor capacities and motivation to intercept traffickers and their victims. The police are not trained to scrutinize the motives behind individual’s decision to migrate or the psychology of travelers. Countless people and goods move across the border between Birgunj and Raxaul every day and night for a variety of reasons making close monitoring almost impossible. The border police actually only intervene on referral cases from NGOs, thereby entirely depending on them for the source of information. "The credibility question is always there concerning competence and credibility of interception", says Dr. Chandra Kumar Sen, District Program Coordinator of Rautaht-Bara program of Plan International. "We simply browse goods not people" says Mr. Shri Krishna Prasai, custom officer at Bhairahawa-Sunauli border, another major exit point.

228. Effectiveness of Current Legislation: It is obvious that despite the existing laws prohibiting trafficking, number of prosecutions is extremely limited. The penalty for the trafficking ranges from 5-20 years: Table 11: Sentencing Guidelines

The seller 15-20 years Sale in foreign land 5-10 years Sale for prostitution 10-15 years Conspiring 5-10 years Buyer no penalty Source: Anjana Shakya, Sandhya Shrestha Trafficking in Women in South Asia- An Organized Crime against Women (A study conducted by Oxfam GB in South Asia) October- November 2000

229. Although the law has severe penalties for both the parties- there is no penalty for buyers as identified in Table 11 above and the traffickers are still operating in an atmosphere of impunity. Even if intercepted by the police, trafficked persons are often coerced to give false statements to the effect that he/she is willingly accompanying the person he/she is with and/or the person is his/her relative. This creates difficulty in arresting and charging individuals on suspicion alone. There are also frequent accusations that the police cooperate and collude with traffickers and hence follow up only on a few cases brought before them. 71

230. Although some legal provisions seem to be pro-women, many gaps and problems occur in their implementation. The physical presence of the trafficked person is required during an investigation and prosecution, which is very traumatic and may compel the trafficked person to drop the case. There have also been reports of police treating trafficked persons as criminals.

231. In order to try and address this environment of impunity for traffickers, the government has undertaken legislative reforms. The 1990 Constitution, promulgated after the restoration of democracy, strongly prohibits trafficking; specifically Article 20 prohibits the act of selling human beings and taking a person out of Nepal. HMG Nepal also enacted the Labor Act (1991) and the Children’s Act (1992) that makes not only the trafficking and sexual exploitation an offense, but also the employment of children below the age of 14 years a penal offence. The other legislation concerning child related issues and trafficking are Muluki Ain (National Civil Code) 1963, The Foreign Employment Act (1985), and Trafficking in Persons (Control) Act 1986. A law reform proposal to amend the Trafficking in Persons (Control) Act 1996 is under consideration in the 21st session of the parliament.56

232. The other positive government developments favoring strengthening the legislative framework to protect women and children are the ratification of CRC on 19th August 1990 and also the ratification of the CEDAW on 17th December 1990. The promulgation of the new Constitution of the 1990 also contains clauses of special benefit to children including special programs for the most vulnerable and marginalized groups under the section “Directive Principles”.

233. Responding to the need for legislation to protect women the MWCSW has also already drafted following bills in close coordination with NGOs and other concerned bodies: Bill for Domestic violence; Bill to amend the 1986 Act on Trafficking; Concept paper for the establishment of a family court system; and, Bill to establish a National Commission on Women. 234. There are minimal cases reported in the court regarding trafficking offenses. This is not simply in the absence of access to the justice system for trafficked persons, but the chance of winning and receiving justice is perceived to be rare. It is widely believed that often the perpetrators have circuitous connection with the power brokers. Nearly 500 criminal cases were withdrawn from courts at various level in the past 10 years.57 The decisions to withdraw criminal charges were not supported by clear justifications.

235. It should be noted that the potential for increasing prosecution levels is further complicated by a trafficked person not knowing who perpetrated trafficking crimes against them, for example, when a person is handed over to a trafficker by a family member or neighbor. Under these circumstances the trafficked person may not realize who started the chain of events, or may prefer not to take out a prosecution against them because of the impact on other family members and potential for their own revictimization. These gray areas have to be recognized in attempts to revise legislation and when considering the potential for prosecution statistics to reflect an accurate picture of the numbers of people involved in perpetrating these crimes.

56 More details on legal reforms and other government efforts to overcome gaps in existing legal frameworks is included in the RETA Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia. 57Yuvraj Sangroula, 2000, Hidden Realities of the Establishment of the Human Rights Commission in Nepal – (working paper) 72

b. NGO Interception and Rescue Programs

236. Major activities of the NGOs related to rescue and rehabilitation and reintegration are training and counseling, tracing parents and guardian, medical services, family counseling, seed money support for reintegration. Ms. Anuradha Koirala of Maiti Nepal informed the ADB team that one of the major objectives of her organization is to rescue the potential victims of trafficking, and that the total percentage of minors rescued is just 20% and that there is a need to give more priority to rescuing minors.

237. Community surveillance systems, cross border intervention (taking those suspected of being trafficked persons off buses or out of trucks), counseling and awareness programs for border guards and police and other stakeholders are the major components strategies adopted by leading NGOs in this area of programming.

Community Surveillance System against Trafficking (CSSAT) of CeLLRd assumes that the community having the benefit of first-hand knowledge and experience is itself often the best medium to evolve a system to address the social problems. In its primary phase it conducts paralegal training for women and men, CRC and CEDAW training for school teachers, leadership training for local elected representatives, while its secondary phase activities involves those aimed at development of additional community resources through programs like establishment of hotline and Rescue system, and activities community outreach in the legal profession etc. CSSAT has number of case studies and examples that illustrate the success of the programs initiated in the various VDCs.

238. Community surveillance is a feature of most community-based interventions and allows communities to become more directly involved in protecting and intercepting those most vulnerable from within their own communities. This raises awareness within the community of what is going on and provides opportunities to change attitudes regarding the harm caused to trafficked persons.

239. Border–based rescue involves attempts to intercept girls and women at border points between Nepal and India. NGOs, in collaboration with the police, intercept women and children whom they suspect of being in the control of traffickers. However, it has been reported that this process is somewhat complicated as no legal document is necessary for a person willing to enter India from Nepal.58 At the same time such interventions calls for careful analysis of the situation as actions taken may encroach upon an individual’s right to mobility. At present no data is available on the accuracy of methods used for identifying trafficked persons or the proportion of intercepted women and children who are trafficked again later.

58 The Asia Foundation and Population Council-February 2001 Op, Cit., 73

Maiti Nepal has established Transit Homes and patrols at sensitive exit points in Nepal-India border to prevent girl trafficking and a border surveillance campaign to identify pimps attempting to traffic girls/ women before they enter India. The NGO sends intercepted girls to their transit homes and then try to return them home. The local police administration, businessmen, industrialists, political party workers, representatives of local organizations and local conscientious citizens also assist in this effort. Maiti Nepal post their female staff at the border to patrol the area and identify girls that are being trafficked and the pimps. Returned trafficked girls are also posted at the border, to assist the NGO workers to understand the decption and modus operandi of the pimps. This way about one thousand girls have been apprehended at the border by the organization. Source: Maiti Nepal, An interaction Workshop Report Common Political Commitment Against Girls Trafficking 8 September 2001

240. District level network group against girl trafficking was established at Biratnagar in 1998. This organization consists of 40 members belonging to different organizations and disciplines. This network is a branch office of ABC/ Nepal, established to carry out several activities for the prevention of girl trafficking. Since its inception it has been carrying out several activities against girl trafficking like organizing community awareness programs on girl trafficking crimes, managing street rally, street drama and video films demonstration, conducting advocacy seminar with district level authorities, CBOs and businessmen, providing legal advice and counseling to the trafficked persons/returnees, conducting awareness programs on HIV/AIDS, STDs, organizing seminars/workshop on girl trafficking, providing skill development training for unprivileged girls who are at high risk of being trafficked,

c. Findings

241. Local initiatives through the direct and meaningful participation of the target community are an effective way of enhancing all stages of surveillance. Locally based knowledge is vital and social punishment for the perpetrators is harsher than the legal one. This is possible only through campaigns initiated and lead by the local community. Surveillance should not only be limited to smoking out the culprits at the same time it is the best tool to disseminate knowledge and information as an avenue of community mobilization to protect those vulnerable to trafficking. Care has to be taken, however, that the right to mobility of those choosing to leave a community is respected, and those in danger from their own families are not forced to remain in harmful situations by community sanction. Shelter homes or safe houses for abused children or women, for example, would be required to provide alternatives to flight from insecure situations if community surveillance is to be effective in addressing the root causes of need to move to safety in the first place. However, care has to be taken that such initiatives do not increase suspicion or marginalization of all new arrivals in a community or of certain ethnic or caste groups.

242. If trafficked persons are rescued before they have been harmed too severely the probably of being accepted back into their communities is much higher – if that is the choice of the trafficked person. This tactic also means the traffickers can be identified and cases pursued immediately. Often though, the traffickers involved in the transportation of trafficked persons are small players in networks and are unaware of who is brokering the process at the destination point. 74

243. Interception at the border areas in Nepal has been relatively successful, however; such interventions require careful analysis of the situation as it may encroach upon an individual’s right to mobility. This process is again complicated in Nepal as no legal document is necessary for an adult person entering India from Nepal, so opportunities for immigration officers to monitor activities is not possible as it is across other international borders. NGO groups who have built a network of connections between other NGOs active in Nepal and India are in a position to undertake surveillance. They are also developing closer relationships with police and other government officials to assist in looking for missing persons.

244. However, in Nepal, where there is very limited registration of birth, many of the children and young women have no way to be officially identified limiting the actions of the police. Pilot programs involving the registration of children in communities with high incidence of trafficking as a first step towards creating a scientific data base system to retrieve, verify, crosscheck and disseminate statistics on trafficking persons and other missing persons rapidly at border points. Many NGOs stress the importance of these kinds of actions to improve the probabilities of successful rescue and repatriation and are seeking support to initiate nationwide birth registration campaigns.

245. Another method of interception is to enter the places where trafficked labor is being used. This has been done in brothels in India – famously in 1996 where 28 young Nepali women were taken from a brothel in Mumbai and returned to Kathmandu. These kinds of operations require coordination between networks of NGOs so that links can be established between the work place and the point where the survivor is returned. NGOs and government in Nepal learned many lessons through the experiences in 1996. For example, at that time little attention was paid to the rights of the survivors to anonymity as they were identified in the press and by police as “prostitutes”, revictimizing them through stereotyping them as “bad” women. Adult women were also not extended the right to remain in India if they chose.

246. Rescue programs require a very complicated series of activities, especially when working with government of other countries where regulations may be different and enforced in an unpredictable manner. There are complicated issues of identity involved when minors without papers or proof of nationality are involved. Again birth registration campaigns could go a long way to simplifying some of these issues, as a child’s identity could be officially verified. Absence of papers and proof of nationality often causes delays for repatriation, and in many cases the shelters where survivors are placed are either prisons or shelters run like prisons, where detainees are restricted in their movement. It is often stated that after a “rescue” operation, trafficked persons are detained and treated under conditions worse than those experienced in brothels or domestic work.

247. The rights of those wishing to remain should also be respected. However, this is challenging for several NGOs. There is an increasing number of cases documented of Nepali and Bangladeshi women who would prefer to remain in Indian brothels or to find alternative income sources and live in India. All Nepali adults under the Friendship Treaty has the right to take up residence in India, but few are offered this alternative and especially not during the police-lead raids. 75

248. Standards have been developed by In January 1999 GAATW published a set of GAATW for the handling and process of Human Rights standards for the treatment of non-nationals under these circumstances, trafficked persons. These guidelines provide a but there are difficulties in enforcing these definition of trafficked persons, outlines the standards. Linkages with networks of NGOs responsibilities of the State regarding trafficked have been an important feature of improving persons, including: respecting the principle of non-discrimination; providing access to justice these situations and challenging police and and to private action and reparations against border officials to revise legislation and traffickers and others who may have exploited or regulations. International treaties and abused them, irrespective of their immigration conventions are helpful but can only go so status; providing adequate resident status prior to far when implementation is restricted by lack repatriation to ensure such criminal or civil cases of awareness and resources on the can be taken out; provide health and other government side. Efforts have also started services (shelter, counseling). This document is to build regional cooperation among SAARC available on the GAATW web-site: countries and stakeholder combating www.gaatw.org. trafficking. For example this RETA has supported an exposure visit to Thailand to explore the process currently underway to negotiate a bilateral treaty between Cambodia and Thailand for the repatriation of trafficked persons.

3. Reintegration

a. Government

249. MWCSW: Rescue and reintegration programming is also covered under the NPA. Establishment of transit homes, shelter houses and training centers, counseling programs, non- formal education, vocational skills training, establishment of community-based rehabilitation centers are some of core activities identified. The MWCSW is running a Women Self-Reliance and Rehabilitation Center where women are selected for training from 26 trafficking prone districts who later return to their communities and work on awareness raising, surveillance and imparting their training skills to others. Recently the government Ministry of Home has established a home for prison children. The ILO/IPEC program is also supporting government efforts to build the capacity of counselors in Nepal and the quality of care in shelter homes.

250. HIV/AIDS: The Health Minister heads a committee coordinating non-governmental and governmental efforts to address HIV/AIDS, while the secretary of the Ministry of Health heads a coordination committee to implement policy. Committees have also been formed at the district level to assist local coordination and effective implementation of policy. HMG has also adopted a multi-sector approach under the Ninth Plan (1998-2003). The approach focuses on raising awareness of HIV/AIDS to a predominantly illiterate population via popular media such as street drama and home videos. Safe sex messages and use of condoms are also being broadcast over the state-owned radio and television in twelve (12) local languages. However, there is no specific mention of programs or initiatives to assist CSWs or trafficking survivors or other high- risk groups such as street children.

b. NGO Programs

251. The reintegration programs undertaken by NGOs target trafficking survivors, their families, their communities, and health workers. The process generally involves handing over the returnees to the family and assuring that they are not revictimised. Most NGOs first undertake a process of initial medical checks (some requiring HIV/AIDS testing) and counseling for the 76 returnees. An effort is made to contact the family members and depending upon their (both the parties) willingness they are either sent home or provided shelter.

252. To-date Maiti Nepal has repatriated a total of 280 girls under 18 and out of them 200 trafficked persons were kept in the rehabilitation centers and 220 out of total trafficked persons were reunited with their families. ABC Nepal has rescued a total of 53 trafficked persons (girl child). Of them 39 were kept in its rehabilitation center and two were reintegrated with their family. NAWAJOTI rescued altogether 14 girls and all were kept in its rehabilitation center for a period of 12 months. 13 were reintegrated after that.59

253. Activities also include: training and counseling, tracing parents and guardians, medical services, family counseling, seed money support for income generating activities. The interventions adopted by the NGOs can be classified according to their approach. Some NGOs adopt a welfare approach in which girls and families are given prescriptive advice about future options and a return to the status quo is advocated. Others aim to empower trafficking survivors and engage in a dialogue with women and girls about their futures. Rehabilitation centers have been started by some of the NGOs where the returnees are not only provided shelter but are also counseling, vocational training, legal advice, non formal education etc.

254. Several rights advocates, including Shakti Samuha (an NGO founded and managed by trafficking survivors) have challenged the notion of conventional rehabilitation scheme. The prison-like condition of rehabilitation centers, mere distribution of regular two meals and the provision for traditional skill development programs like knitting, sewing are not enough measures to help them survive as independent, empowered and enlightened member of the society. It is generally accepted by stakeholders that reintegration approaches and quality of services need to be strengthened, but the lack of resources limits most attempts to enhance these programs. Based on a recent regional study, UNIFEM has identified the need for a regional training program for counseling and the necessity of more effective co-ordination between the various stakeholders for repatriation and reintegration outcomes to be more positive. In an interview with Ms. Alka Rajauria Rijal of JIT she stressed that community empowerment programs such as mediation and other indigenously designed and operated social actions required for a “durable and just solution to combating trafficking”. Rework with footnote etc.

255. As in many other countries where there are large numbers of NGOs, CBOs and other civil society organizations competing for scarce funds both from governments, local communities and foreign sources, some organizations appear to attract more funding than others. There are many excellent organizations, working in remoter areas of Nepal who do not receive recognition for their work in Kathmandu. It is hoped that with the efforts now underway by IIDS to identify all those organizations involved in combating trafficking the achievements of these less recognized groups will emerge.

256. Out of 238 girls rescued from the Bombay brothel in February 1996, 128 were brought back to Nepal and placed under the care and support of different social organizations as follows:

59 Commercial Sexual Exploitation Of Children-A Review of South Asia-Nepal Perspective 2001-SAP Nepal

77

Table 12: NGOs Receiving Repatriated Trafficked Persons in 1996 SN Organisation No. of Girls 1. CWIN 24 2. ABC 28 3. WOREC 12 4. Maiti Nepal 28 5. Stri Shakti 10 6. Shanti Punarsthapana 12 7. Nawajyoti 14 Source: Back home from brothels –Gauri Pradhan, CWIN November 1997

257. No long term follow up has been undertaken to understand either the outcomes of the efforts to reintegrate these trafficked persons into Nepali communities nor to understand their individual experiences. Comparative information on the relative effectiveness of each approach taken by the organizations involved would provide great insight into the services needed by trafficked persons to facilitate their choices for reintegration – or safer return to India, if this is ultimately the outcome they prefer.

c. Findings

258. The stereotypical way of offering ‘shelter’ to the survivors and distributing daily ration is a temporary relief measure. Such welfare-based approach of rehabilitation with traditional ‘vocational training scheme’ has been less effective in terms of seeking dignified social reintegration of the survivors. The options for reintegration are limited and the informed choice is a distant reality. The counseling methods adopted by some NGOs is of conventional approach, with little respect for the rights and dignity of the trafficked persons. However, resolving these concerns requires extensive professionalizing of counseling services and awareness raising within returnee communities. This will take considerable time and additional resources. ILO and Unifem have started this process through supporting assessments of the current situation and developing pilot activities.

259. 235. Once a trafficked person It has been widely observed that traditional has been rescued, they are faced with a rehabilitation methods as adopted by several new set of challenges. In many cases organizations have not resulted in sustainable return to their places of origin is difficult, social reintegration for many trafficked persons. if not impossible. Reintegration of those There is little professional counseling available who initially left their homes because of in Nepal, and many transit homes resemble mental or physical abuse is challenging detention canters. Abrupt interception at border as in many cases the girls are not ready crossings and inflexible approaches to to return back to the same situation. rehabilitation have been criticized by some as Thus, it becomes necessary to change violating fundamental rights of freedom of the situation in their homes and mobility and migration. According to Dr. Arjoo communities before sustainable Deuba of Samanta, a leading research institute reintegration is possible. Social stigma in Kathmandu, many rescue stories tend to from their families and communities is reflect heroism of NGOs and activists while enormous. This appears to be neglecting the true plight of the survivors. Ms. especially the case for women who have Pooja Mijar of Shakti Samuha maintained that 'it been working in brothels who find the is not enough to give victims a place to live and option of return to a restricted married eat, they need to be empowered in order to life – even if that is available to them – struggle and live in society.' too confining. Once they became used 78 to their working and living conditions in the brothel, some find these circumstances more empowering and tolerable. Similarly when survivors experience extreme stigmatization upon return, choose to return to their previous work.

260. Consequently the work of those organizations involved in assisting trafficked persons to reintegrate (or integrate) into a different way of life is complex. There are immediate short-term issues that need to be addressed as well as creating a longer-term view of life for the survivor with greater choices and little or no temptation to return to the place where they were exploited. All programs, however, should remain flexible and acknowledge some survivors may choose to return. In these cases other skills and confidence building measures are still useful and may protect the trafficked person from further harm.

261. Short-term needs to be addressed to support survivors include: immediate shelter and protection; reproductive and general health care, psychosocial counseling and care for trauma. Skill training is usually offered to provide different livelihood options, as well as literacy and, for children, education opportunities. There is increasing concern that some of the counseling services provided in the shelters is of poor quality, and that the types and levels of psychological harm done to survivors is not well understood. Efforts are being made to professionalize these services, and create standards of care to ensure that there is no further abuse of survivors in the shelter system.

262. There has also been some criticism that the skill training in some cases is not appropriate to the types of employment available to survivors, to create their own income generating activities. Women and girls are offered stereotypical “women’s” skills such as cooking, sewing and knitting which cannot be turned into sustainable incomes. While many of the activities are planned with the best of intentions, it is suggested that if careful follow up and monitoring of survivors once they leave the shelters would provide valuable information to the NGOs on what worked and what did not. Programming could then be adjusted accordingly. More appropriate skills which have been identified include vocational training such as health care procedures, painting, hotel management, candle making, food processing etc. which some NGOs are providing.

263. Longer term needs and interests of survivors include: programming that is built on the intended outcome of increasing life options, rather than simply to return the survivor to their original home or family. Options need to be considered for longer-term integration – return to home environment, different community, remain with fellow survivors in community living situations etc. Support to the survivor should be continued as she or he decides through their own choice. Working with children in this regard is more challenging, but again the causes for the child’s vulnerability to trafficking in the first place needs to be considered as their future is planned, as they may have no desire to return to their families and would prefer to settle in different community.

264. Awareness raising is also required in the communities where survivors settle to ensure that revictimization does not occur. Assisting families of survivors to link with economic development programs available in their community, or literacy programming for girls and women might provide greater stability to the family, and increase the probability of acceptance of the survivors especially if they return with some economically viable skills themselves. It is also necessary to monitor post-traumatic stress symptoms. Clinical experience has demonstrated that the trauma many of the survivors have suffered causes long term psychological and physical harm, and few services are available in the mainstream health services for these effects of trafficking. 79

265. HIV/AIDS has become more than a health issue in the context of programming in this area. The risk of contracting HIV/AIDS among CSWs is clearly much higher than for the population as a whole. However, risk levels are also very high among users of CSW and migrants in general, who tend to have several sex partners. HIV/AIDS is also spread more quickly among people also infected with other STDs – i.e. CSWs. Contrary to the general perception that all survivors returning from brothels are carries of HIV/AIDS, those running reintegration programs believe that the infection rates are only about 50%. It is also assumed that all survivors have only returned because they are HIV positive and are primarily responsible for bringing the disease into Nepal, which is not correct. These attitudes are gradually changing, as reports are now made public of migrant workers who have also died from HIV/AIDS. Dual standards are also applied to those returning from India regarding testing for HIV/AIDS. Survivors and voluntary returnees from brothels in India are, more-or-less, forced to be tested (several NGOs are supporting this process) whereas returning male migrants are not tested.

266. These attitudes and assumption mean that survivors require more than simple medical care in this context, but also counseling and support to overcome social attitudes in Nepal – whether they are HIV positive or not. Community awareness programs also need to incorporate information regarding HIV/AIDS and other STDs to ensure that these attitudes are changed.

267. More consideration should also be given to reintegration of migrants in general. For example, services for returning women migrants to assist in rebuilding family cohesion, especially when she has been absent from her children for long periods. Programs for reinvestment of remittances in more sustainable income generating activities, or building these savings into other micro-finance programs can assist in building more sustainable livelihoods for the whole community, and spreading the benefits of migration more effectively. Community awareness regarding the specific circumstances and needs of migrant women can also help reintegration and the outcomes of empowerment. Trafficked persons can also be incorporated into these programs, but without the label of being “victims”. They could become part o the mainstream of returning migrants without further stress on their circumstances that leads to further stigmatization. Currently these kinds of programs do not exist in Nepal, but should be considered as a longer term means to combat the challenges of reintegration and to foster safe and beneficial migration.

C. Links between Programming and International Governance Instruments60

268. While appeals to international treaties and conventions are usually made by those seeking to strengthen or enforce legal frameworks, these kinds of instruments which set out globally accepted standards and norms can also be used to increase government accountability and improve programming.

269. Nepal has an impressive record of ratifying international human rights instruments in South Asia. Nepal is a state party to eighteen (18) international human rights treaties, four Geneva Conventions (humanitarian law) including the ILO Convention 182 (C182) on the Worst Form of Child Labor, such as the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others –1949, Slavery Convention 1926, Protocol Amending the Slavery Convention signed at Geneva 1953, Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery 1956 . Nepal being the state party to many important treaties, it is bound with reporting obligations under those treaties with monitoring systems. Article 9 of the Treaty Act of 1991 ratified by the

60 Additional analysis is included in the RETA Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia. 80

Nepalese parliament recognizes all international human rights mechanisms to which Nepal is a state party, as national laws thereby granting status for court challenge and redress. This mechanism has been used to apply these international standards in public interest litigation in Nepal.

270. In spite of the ratification of Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) without reservation, recognition of the concept of land and resources rights for women, granting them a separate legal status or a degree of autonomy is far from the reality. Very few affirmative action programs on behalf of women are reinforced under Nepali law. This has resulted in continuous discrimination against women, keeping them vulnerable to trafficking.

271. Many stakeholders are using CEDAW and the Beijing Platform for Action as major tools to promote and advocate for the protection of women rights. However, legal instruments alone cannot promote gender equality in relationships between husbands and wives, fathers and daughters etc. Attitudes and behaviors also have to change. However, the Government can move forward to enact new laws eliminating the legal basis for discrimination (for example in areas such as relationships between women and their employers) and eradicating obstacles that do not allow women to participate in society on an equal basis with men. All these efforts can be contributions to rendering women and children less vulnerable to the causes and effects of human trafficking.

1. The SAARC Convention

272. In 1997 at its ninth Summit the SAARC officially recognized human trafficking as a heinous crime. During the tenth SAARC Summit in1998, a draft convention specifying a proposed legal mechanism for the prevention and remedy of trafficking activities was prepared, providing hope for positive changes. The 11th SAARC Summit held in Kathmandu from 4-6 January 2002 ratified the SAARC Convention on “Preventing and Combating Trafficking in Women and Children for Prostitution”.

273. While the signing of this Convention by the Heads of State from SAARC countries is an important step and has raised awareness of the issue once more among senior government decision-makers, there are flaws in this Convention that have been identified by several civil society stakeholders, including: (i) It limits the definition of trafficking to “the recruitment, harboring, transportation, provision, or obtaining of a person” for the purpose of a commercial sex act. Furthermore it does not draw an explicit distinction between coerced prostitution and voluntary prostitution. (ii) No differentiation is made in any of the areas under consideration between the specific needs and interests of women and children. (iii) It does not specify that the voices, testimony or choices of women and other trafficked persons are heard in investigative or prosecutorial mechanisms and hence may prove to be “disempowering” for women and girls. (iv) It assumes that trafficked persons will be returned to their countries of origin irrespective of their individual choice. (v) It fails to address the accountability of the country from which the trafficked persons will be repatriated. 274. As a legal framework, therefore, it has been criticized for failing to empower women and children or address issues such as providing trafficked persons with sufficient social and legal 81 redress.61 The need to increase awareness of the treaty and advocate for its amendment has been widely recognized. Some stakeholders have already expressed an interest in supporting activities to assist this process. Now that governments have officially ratified this Convention, there is also increasing interest from the international funders to support civil society and government to collaborate on drawing up amendments, and also how complimentary and accompanying agreements, treaties and other mechanisms need to be put in place to make implementation of the spirit and intention of the Convention a reality

2. Indo-Nepal Friendship and Peace Treaty

275. The 1950 Treaty is a uniquely significant landmark in the relationship between Nepal and India as it goes far beyond the standard diplomatic formats of relationship and seeks to concretize a grand vision handed down from centuries. 62

276. As the Treaty guarantees to citizens of the other country equal treatment, including the same privileges in the matter of residence, participation in trade and commerce, movement and privileges of a similar nature. The process of repatriation of trafficked persons is more complex. For example, trafficked persons may choose to remain and take up employment and should not be summarily returned to Nepal without choice.

277. It is beyond doubt that the traffickers have taken advantage of the open border between Nepal and India. However, if human trafficking is to be eliminated, a mechanism to monitor and regulate the flow of people across the border is vital, but it must not be used to restrict the flow of regular migrants – both women and men. Furthermore, the freedom of movement for children is not included under the present Treaty. Border officials could now, without any changes to the Treaty, improve surveillance of the movement of children under all circumstances, and hence limit trafficking of children. A reasonable/appropriate balance between ensuring the free movement of ordinary people and the strict control of criminal activity benefiting from free cross- border movement has to be devised. This is a challenging issue in many parts of the world. It has been argued that the strict regulated border with information and record of entering and exiting people maintained could be an alternative.

3. Bilateral Mechanisms

278. There may now be renewed commitment to revitalizing the bilateral agreements between India and Nepal regarding both trafficking of women and children and under the SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia which has also provisioned for bilateral and multilateral cooperation under Article VI in which “state parties are encouraged and support bilateral agreements and cooperation that would have positive impact on regional and national efforts in facilitating, fulfilling and protecting the rights and well being of the child.” A process of review of the implications of these conventions on the existing bilateral agreements as well as mechanisms to monitor their implementation now needs to be put in place to ensure they are used to the fullest to combat trafficking.

279. The government is also improving physical facilities and infrastructure development, including surveillance of important border customs stations, arid check-posts, namely, three major border crossings: Raxaul - Birgunj, Sunauli – Bhairahawa, and Jogbani - Biratnagar. Co-

61Cecilia Mo 2001, The SAARC Convention to Prevent and Combat Trafficking: A Blessing or a Threat to the Women and Girl Children of Nepal, (unpublished) 62 Surya P. Subedi "India–Nepal Security Relations and the 1950 Treaty-Time for New Perspectives" 82 operation in setting up an Export Processing Zone or Free Trade Zone close to the Inland Container Depot is also being developed at Birgunj-the gateway of Nepal.

280. Since the events in South Asia triggered by the September 11, 2001 terrorist attacks in the United States, Nepal and India have committed to work closely and fight terrorism. The two countries are committed not to allow their respective territories to be used for activities directed against or prejudicial to the other’s security. In pursuance of their shared objective of combating cross-border crimes, the two governments have agreed to devise effective modalities and measures to strengthen their existing co-operation in this regard. Both the governments have expressed their determination to preserve the mutually beneficial open interaction between the nationals of the two countries across the border. At the same time they have recognized the need to prevent the misuse of the open border by criminals and undesirable elements and both the countries in this regard have also expressed the need for further co-operation and the strengthening of the enabling environment required to seriously limit trafficking of humans across the border.

4. UN Protocol to Prevent, Suppress and Punish Trafficking in Persons - Especially Women and Children - 2000

281. Regarded as a landmark in combating trafficking of women and children, the Protocol is promulgated parallel to and supplementing the UN Convention against Trans-national Organized Crime. This clearly demonstrates the interdependence and applicability of both the conventions under the jurisdiction of “crime”. The vulnerability of women and children as identified in the Protocol is another significant achievement in addressing the particular needs and strategies to address the problem.

282. The ratification of the Protocol would place Nepal in a highly progressive position if it chooses to gear up for offensive mode to combat trafficking, since earlier conventions lack forceful mechanisms to address the problem. The Protocol requires Nepal to make trafficking - as defined in the Protocol - a crime when committed intentionally and makes it obligatory to protect the privacy and identity of trafficking persons, which is not a practice in Nepal. The provisions of the Protocol with regards to information and legal proceedings, physical, psychological and social recovery, choice of residence, safety, cooperation, attacking poverty, bilateral/multilateral cooperation, border regulation, training for law-enforcement agencies, give new strength to fight against the problem in a more holistic manner.

5. US Bill on Trafficking

283. The Trafficking Victims Protection Act of 2000 (HR 3244) intended to curb international trafficking in persons particularly women and children, for the purposes of sexual exploitation and forced labor was passed by the U.S. Senate July 27, 2000.

284. The Act is a comprehensive bill that aims to prevent trafficking in persons, provide protection and assistance to those who have been trafficked, and strengthen prosecution and punishment of those responsible for trafficking. It is designed to help federal law enforcement officials expand anti-trafficking efforts in the United States of America and abroad; to expand domestic anti-trafficking and trafficked person assistance efforts; and to assist non-governmental organizations, governments, and others worldwide who are providing critical assistance to victims of trafficking. The adoption of the Bill has direct relevance in the Nepalese context in the following ways. 83

(i) Nepal’s majority of Official Development Assistance (ODA) depends on US financial support and non-compliance to the provision and de-graduation to tier 3 as categorized by the bill would result in possible sanction on non-humanitarian aid. Nepal as a high source country of trafficking, has largely depended on external funds to address the problem of trafficking. (ii) The government of Nepal may exploit the opportunity to receive assistance for awareness programs through USAID, as well as programs to keep girls in school and otherwise enhance economic opportunities for potential victims of trafficking as mandated by the Bill. (iii) At the level of setting standard principles, Nepal, together with other SAARC countries, can also adopt those identified in the Bill, such as: stopping the practice of immediate deporting trafficked persons back to potentially dangerous situations without providing them interim immigration relief and allowing time necessary to bring charges against those responsible for their condition violates the rights of the trafficked persons. (iv) The Bill recognizes that the trafficked persons must not be criminalized in the process of repatriation or reintegration, contrary to the practices in SAARC countries. (v) Finally, the Bill has indirectly encouraged the SAARC states to implement the SAARC convention relating to trafficking and galvanize their attempts in the international arena and to secure financial as well as moral support from the international community.

85

VI INTEGRATING ANTI-TRAFFICKING ACTIVITIES INTO ADB’S OPERATIONAL STRATEGY IN NEPAL

A. Relevance of Trafficking to ADB

285. Previous sections of this paper have demonstrated how a complex range of factors influences the dynamics of trafficking. In recent years ADB has developed and adopted an array of policies that provide both the mandate and instruments to engage more effectively in addressing many of these issues: Policy on Gender and Development provides guidance and measures to adapt operational designs to improve the status of women and girls and in so doing, amongst many other benefits, build their resistance to the risks of being trafficked. Social Protection Strategy sets out specific considerations that may need to be built into ADB operations to ensure that vulnerable groups can be protected from factors that cause and sustain their poverty - and their risks to being trafficked. The Strategy also identified how labor markets can also be used to strengthen social protection through implementation of Core Labor Standards, which will have additional impacts on the demand for trafficked labor. Guidelines contained in Promoting Good Governance, ADB’s Medium Term Agenda and Action Plan, October 2000 provide opportunities to improve the effectiveness of anti-trafficking initiatives as well as other programs to combat poverty. Policy on Involuntary Resettlement and accompanying guidelines such as the Handbook on Resettlement63 that provides guidance on limiting vulnerabilities and risks of those living in and around project areas as well as stressing the importance of building or maintaining social capital to limit risks, such as trafficking; and Handbook on Poverty and Social Analysis64 all provide guidance on ensuring that project impacts do not increase vulnerability to being trafficked and identifying opportunities to prevent, minimize and mitigate development induced risks. 286. However, if ADB is to make a contribution to combating trafficking specific measures have to be taken within its operations. The following sections outline where the links exist between ADB operations of different kinds (Poverty Partnership Agreements, Country Strategy and Program (CSP) development, project preparation, policy dialogue etc.) and potential entry points to address trafficking. Factors to be taken into account in basic analysis, where partnerships with other organizations can provide technical expertise required to incorporate trafficking concerns into other operations, and some suggestions of further actions that could be taken to demonstrate leadership and commitment to addressing these issues are also provided. The sections follow the cycle of operations from the preparation of the Country Poverty Analysis and Poverty Partnership Agreement, country programming exercise, and project-level poverty and social analysis. There are also guidelines for different sectors and areas of policy dialogue appropriate for Nepal. Overall, ADB operations have the potential to address trafficking in the following five key ways: (i) Target those most vulnerable to trafficking – in many cases a sub-group within those targeted for poverty reduction as relative and absolute poor. Ensuring that this sub-group have their basic needs met to limit migration or mobility under

63 ADB 1998, Handbook on Resettlement 64 ADB 2001, Handbook on Poverty and Social Analysis – A Working Document 86

stressful and hence most vulnerable situations – for example for families who send away children / girls who then end up being trafficked (ii) Assess the impacts of ADB operations - - ensure that ADB supported activities do not push people into migration and hence vulnerability to trafficking. As identified in the ADB Handbook on Poverty and Social Analysis and Handbook on Resettlement, ADB operations have opportunities to prevent, minimize and mitigate development-induced. Clear links can be made between involuntary displacement and its associated risks of being trafficked once moving. (iii) Emergency loans and assistance in post-conflict reconstruction - these activities usually take place among mobile populations, such as refugees or in areas where communities are returning from involuntary displacement. It is important that ADB activities provide adequate scope to rebuild social and human capital through community-based activities to ensure that physical and social dislocation does not lead to vulnerability to trafficking, especially for women and girls, in already high-risk situations. Disaster early warning mechanisms can also incorporate anti-trafficking and safe-migration messages as communities and individuals plan for possible displacement. (iv) Encourage safe migration – reduce the risk of being trafficked of those already mobile through various policy or social protection measures: Access by migrants to basic needs e.g. urban improvement schemes take special measures to identify specific needs of migrant communities where social and community networks do not exist. Social protection measures extended to migrants (e.g. insurance schemes, social security schemes). This is challenging as migrants generally work in the informal sector and many are squatters without official residence status. Governance strengthened to ensure entitlements to protection from criminal activities extended to those migrants most vulnerable to being trafficked; specific activities to increase community and government accountability to protect children, women, labor force etc. (v) Stem demand for trafficked labor Core labor standards implemented and monitored in partnership with private sector, ILO etc. particularly among small and medium enterprises (SMEs) and in the informal sector. Encourage activities with indirect impacts in key areas of demand, for example monitoring effects on demand for CSW along highways of changed behavior of transport workers through implementation of safety standards such as reduced driving time, days away from home etc. These kinds of activities also have links with HIV/AIDS prevention activities. B. Recommendation

287. The Country Poverty Analysis, development of the CSP and other analyses undertaken during the programming exercises and the project preparation process consider the potential to address, both directly and indirectly, trafficking issues. While all outcomes of ADB operations that contribute to reducing poverty can be indirectly linked to reducing vulnerability to being trafficked, there is ample scope to incorporate specific measures that can have more direct impact on reducing risks. The practical approaches adopted by ADB in the Handbook on Poverty and Social Analysis to guide the implementation of the Poverty Reduction Strategy provides ideas and Handbook on Resettlement provide guidance for identifying opportunities to incorporate trafficking concerns and entry points. Appendix 2 provides additional guidelines and information on links between trafficking and ADB operations, including tables that identify where 87 links to combating trafficking can be identified based on the approach to poverty reduction set out in the Handbook on Poverty and Social Analysis and Handbook on Resettlement.

288. Furthermore, if mainstreaming trafficking concerns into ADB’s operations is to be successful, it will also be necessary for staff with appropriate expertise to assist in preparing analysis of vulnerable groups and specific risks as well as designing specific components that directly or indirectly address trafficking concerns to provide leadership and take up these issues - these would include social development, social protection and poverty reduction specialists.

289. The legal implications of strengthening codes of conduct and other contractual arrangements with ADB-financed contractors and suppliers also need to be investigated by the Office of General Council (OGC) staff. These mechanisms could be used to curb the use of trafficked or child labor. Monitoring indicators also have to be developed and assessed over the time and there is potential to link with the work already underway by ILO. Support from the Project Coordination and Procurement Division (COPP) will also be required if these approaches to limiting and monitoring the demand for trafficked labor are to be effectively implemented in ADB operations. Specific technical support and guidelines will be needed if these areas are to be fully effective. There is increasing interest among many experts to understand how these and similar mechanisms can be used to address trafficking as several ADB member countries have already put in place legislation or conditionality in their development assistance policies related to child labor and trafficking issues. For example under the United States Government’s Victims of Trafficking and Violence Protection Act of 2000,65 beginning in January 2003, the President may authorize the suspension of non-humanitarian, non-trade-related assistance to any country that does not meet certain minimum standards for the elimination of trafficking and is not making significant efforts to bring itself into compliance with these standards66. These efforts include curbing the use of trafficked labor.

290. The following provides a brief overview of steps that can be taken to mainstream trafficking concerns into ADB’s operations:

65 Pub. L. No. 106-386, 114 Stat. 1464. 66 See additional discussion of this mechanism in the RETA 5948 Supplemental Study on Legal Frameworks Relevant to Human Trafficking in South Asia, 2002 page 12 88

Steps for Mainstreaming Trafficking into ADB Operations: • Where possible, flag the issue of trafficking in subregional strategies (e.g. Subregional Cooperation Strategy and Program - SCSP) and country analysis and strategies (e.g. country poverty analysis, CSP and CSP updates and country gender analysis and strategy) • Include the analysis of groups that are particularly vulnerable to trafficking in IPSA and PSA. In particular, include mobile population into the analysis as well as women and children • Develop project designs that would directly and indirectly combat and reduce human trafficking • Identify and work with partners (e.g. Ministries, NGOs, private sector including contractors, donors etc.) to develop and implement anti-trafficking project components • Where non-lending products and services (e.g. TAs and sector and thematic works) provide opportunities, consider addressing trafficking • Raise awareness among relevant ADB staff including dissemination of findings of the reports produced un the RETA through various means such as: a) publication, external website, and relevant committees and networks; b) developing pilot projects with the initiatives of Regional Departments in collaboration with RSPR; and c) developing guidelines and good practices on contractors’ codes of conduct and loan covenants in collaboration with COPP and OGC. C. Country Programming

1. Country Poverty Analysis and Poverty Partnership Agreement

291. 211. The Country Poverty Analysis is a diagnostic tools used to provide a set of strategic options to assist in determining the mutually agreed goals of ADB assistance with a partner Developing Member Country (DMC)67 as set out in the Poverty Partnership Agreement and used to guide the ADB CSP. As such, this analysis identifies the characteristics and causes of poverty in a specific country as well as opportunities and constraints for poverty reduction initiatives. The findings also assess where there are gaps in information and suggest where specific studies can be carried out or areas where government might be required to develop and provide additional information.

292. This process provides an opportunity to bring trafficking issues into the analysis as potential outcomes from vulnerabilities faced by the poor - particularly women and children. The interplay between policies such as trade, labor and migration / mobility issues can be incorporated into the overall assessments (for example in the labor market profile) as well as the risks and vulnerabilities profiles suggested in the Handbook on Poverty and Social Analysis and Handbook on Resettlement. Despite the scope of trafficking and its harmful impacts on the development process in Nepal, the government does not ordinarily establish these links in its own policy process, and ADB’s analysis could provide leadership in mainstreaming trafficking into this type of overall poverty assessment.

293. The following table identifies some of the high vulnerability groups associated with different types of risk areas that could be incorporated into the Risk and Vulnerability Profile.

67 Drawn from Handbook on Poverty and Social Analysis, Section II, p. 2-4 89

Quantitative and qualitative data regarding these groups should be incorporated into the analysis of the incidence of risks by population group as well as by type of risk, together with some linkage to the dynamics that drive the trafficking cycle in Nepal (macro policies, economic, social and governance factors - see analysis in sections above). 90

Table 7: Identification of Risks and Vulnerabilities to Trafficking: Type of Risk to the Poor Sub-Set Associated with Risks/Vulnerabilities to Trafficking • Street children with no guardians Lifecycle • Adolescent girls, adolescents in general • Children from families in crisis (e.g. alcoholic parents, traumatized from war or civil conflict • Single women with children (unmarried, divorced, widowed or abandoned) • Single women (often traumatized through stigmatization e.g. rape victim, suspicions regarding morality etc.) • Women/girl migrants – either alone or with families • Family that cannot meet basic needs e.g. large number of dependents Economic without assets; female headed households; families where one or more member out-migrated • Livelihood based on arduous labor, especially for women and girls • High unemployment or long term under employment • Sudden economic shocks e.g. climatic, erosion, market driven, change in prices of basic needs • Indebtedness of family – girls living in communities where dowry payments required upon marriage that divert scarce resources • Income disparities between rural/urban or between countries • Long term lack of sustainable livelihood from erosion, drought etc. Environmental • Sudden disaster victims e.g. cyclones, earthquakes, floods • Social Capital: recently arrived migrants have few if any social contacts and Social/Governance cannot benefit from, or may be excluded from, existing social capital; development initiatives and projects may disrupt existing social capital networks and fail to build replacement mechanisms; some groups or individuals may be excluded or marginalized and unable to benefit from existing structures - see blow • Security: those living in violent or abusive families/households; living under conditions of civil unrest or war; children living without parents or guardians; street children • Status: women and girls unable to control their lives or seeking other options outside their communities as conditions are limiting – often results in women choosing to remain in highly exploitative conditions following trafficking episodes • Stigmatization: women abandoned, divorced, raped; pressure of community following inappropriate behavior but not necessarily illegal or immoral such as inappropriate friendships, seeking to challenge traditional inequalities etc.; difficulties for women migrants or trafficked persons returning to communities where stigmatized leads to re-victimization • Emotional stability: dysfunctional families from addiction or war / civil conflict trauma; absence of caring guardians etc. • Adventurers: new technologies, access to information and education and improved transportation systems facilitate migration of those dreaming of better life, but still at risk when have few assets or experience with outside world; traffickers use returned migrants to demonstrate validity of false promises 91

294. The Poverty Partnership Agreement (PPA) formalizes the joint commitment to effective poverty reduction between ADB and a particular partner government. A PPA has been agreed with Nepal that identifies among its priorities social development and good governance - both areas that have potential to be linked to reducing trafficking. Even if trafficking is not identified as an explicit development objective in the PPA, ensuring that vulnerable groups are specifically targeted, such as women and children, will provide entry points for more direct efforts as the CSP is developed.

295. In the recent Cambodia PPA, both parties specifically pledge to end illegal human trafficking as an objective under the Social Protection sub-sector, where the issue is linked to improving labor conditions and protecting those vulnerable to negative impacts from development and policy reforms. Similar links could be established in Nepal in the context of providing social protection micro-programs to mobile populations, such as IDPs, who are highly vulnerable to trafficking as they seek to meet their basic needs in new surroundings.

296. A PPA also identifies monitoring indicators to assess progress against the shared objectives. Social and human development indicators that provide information on changes associated with risk factors - narrowing gender gaps, education, health, available housing and shelter, migrant / mobile populations - for both poverty and trafficking, can be used for future analysis. Such indicators are basic building blocks for increasing understanding of the dynamics of the impacts of trafficking on development in Nepal.

2. ADB’s County Strategy and Program in Nepal

297. ADB’s current goals of the Country Strategy Program (CSP) in Nepal are to reduce poverty incidence; reduce the degree of social exclusion facing women and disadvantaged groups; and in the longer term, reduce disparities in income68. These goals will be achieved through support for the following thematic priorities: (i) Pro-poor economic growth; (ii) Human development; (iii) Gender and development; (iv) Good governance; (v) Private sector development; (vi) Environmental protection; and, (vii) Regional cooperation. 298. Based on ADB’s previous experience and comparative advantage, and the priorities of the government, ADB’s 2001 CSP has identified the following seven sectors for operations: (i) Agriculture and rural development; (ii) Transport; (iii) Energy; (iv) Finance; (v) Education water supply, sanitation and urban development; and, (vi) Environmental management. 299. While combating trafficking is not articulated as a specific objective in the current CSP or within any project, as discussed in the preceding sections, strategic approaches to poverty reduction can make effective contributions through: targeting those most vulnerable to trafficking and ensuring they benefit from project activities; ensuring that ADB operations do not contribute

68 ADB, Poverty Analysis for Nepal, 2001, page 30. 92 to pushing people into migration and hence vulnerability to trafficking; encouraging safe migration; and, assisting in efforts to stem demand for trafficked labor. Achieving progress on all three goals of the Nepal CSP will reduce vulnerabilities to trafficking identified in this RETA – particularly a reduction in the degree of social exclusion faced by women and other disadvantaged groups.

300. Project implementers might not have the technical capacities or contractual flexibility to add components suggested in the sections below. NGOs specializing in combating trafficking are active in many areas of Nepal, however, and can be approached to use ADB projects as a platform for awareness raising activities or to assist project implementers in identifying who is the most vulnerable to trafficking within a specific community. Section V above identifies stakeholder organizations already involved in combating trafficking. These organizations can be approached to contribute to an understanding of trafficking dynamics in a particular region of Nepal. ADB project components can be used as a platform to broaden the scope of existing activities without additional funds required. Government counterpart agencies and departments can be encouraged through dialogue with ADB to consider potential links with trafficking, and how these concerns can be mainstreamed into their operations.

D. Project-Level Poverty and Social Analysis

301. Some general guidelines can be applied during the project preparation process to ensure that links to trafficking and safe migration and any potential to contribute to combating trafficking is identified. The TA Fact-Finding stage of project preparation provides an opportunity to incorporate trafficking concerns in the Initial Poverty and Social Analysis (IPSA). The box below provides examples of the types of projects or initiatives, with potential to contribute either directly or indirectly to combating trafficking. Additional information and data under the risks and vulnerability profile should be incorporated concerning those most exposed to trafficking. This will point to areas for more detailed investigation during the full Poverty and Social Analysis (PSA) during the project design stages. Project with Potential to Contribute Directly or Indirectly to Combating Trafficking: • urban infrastructure project, including small and secondary towns; • poverty reduction project covering known source areas for trafficking; • large scale infrastructure projects that would cause the influx of outside construction workers and opportunities to build facilities to assist anti-trafficking efforts - information booths, shelters; • cross-border road corridor project that develops new routes and incorporates improved border facilities that might include safe migration and anti-trafficking information booths etc.; • social protection projects targeting the population vulnerable to being trafficked; • women’s empowerment projects; • legal awareness raising / legal reforms; • HIV/AIDS projects; • Governance/ policy reforms / capacity building of local and national government; and, • Regional cooperation. 302. Trafficking issues can be incorporated into the PSA by: Vulnerabilities and risks of beneficiaries and communities where project will be implemented are fully investigated. 93

Monitoring indicators that will track changes and impacts of project activities are developed. Links and partnerships with trafficking NGOs and other experts are investigated - not necessarily as direct components of the project, but analysis of links might provide insights into how ADB project components could be used as platforms for anti-trafficking messages or initiatives e.g. HIV/AIDS prevention awareness might be extended to include trafficking and safe migration messages; social mobilization activities could be linked to trafficking prevention activities. If direct contributions can be made to combating trafficking, partnerships can be developed with other funders or through INGOs to identify how these components might be supported and how they would link into ADB operations. Alternative sources of funding might also be available for example, Japan Fund for Poverty Reduction (JFPR). 303. Guidelines that cover ADB-supported sectors of the CSP in Nepal with potential for directly or indirectly addressing trafficking concerns are attached in Appendix 2. These sectors are: agriculture and irrigation transport and communications energy social infrastructure - education, urban and water supply women’s empowerment social protection 304. These guidelines provide examples of how sector-based ADB supported activities in Nepal might contribute to combating trafficking and facilitating safe migration, including suggestions for specific components often incorporated into each sector of activity. These potential contributions can be considered during the feasibility and preparation stages of projects, or links can be made with NGOs or government programming already under way in areas where the project is being implemented. Other donors are also actively involved in many similar activities where ADB is already implementing operations. Components to combat trafficking might be directly linked to existing project activities.

E. Policy Dialogue

305. Policy dialogue concerning trafficking and safe migration can also be incorporated into thematic priority areas for Nepal:

1. Gender and Development

306. As identified in the analysis of the dynamics of trafficking, the low status of women and their exclusion from development opportunities intensifies the risks women face. Any support that is provided by government or other development programs to increase women’s access to and control of assets and other resources can contribute to reducing their risk not only to trafficking but also to many other harmful situations – for example gender-based violence. As identified in the Nepal CSP, all efforts to close the gender gap “are likely to remain limited unless the gender bias in the social system is reduced, if not eliminated”.69Consequently it is proposed that the gender strategy for Nepal will include not only integration of gender and development concerns into projects, but also into assistance to policy support, capacity building and awareness raising.

69 ADB Country Strategy and Program Update (2002-2004), Nepal, July 2001, page 4 94

312. Built into this broader approach, ADB could take leadership in demonstrating how poverty reduction programming that is built on women’s empowerment can have impacts that includes reducing risks to harms such as trafficking. This could be done by tracking trafficking risk indicators in ADBs loan projects and bringing this information into policy dialogue on many issues. Links between women’s empowerment in the work place, safe migration policies that facilitate women’s migration without negative impacts such as trafficking and poverty reduction can be made.

2. Private Sector Development

307. Improving corporate governance and corporate responsibility for labor conditions within their operations could be incorporated into capacity building and policy development in these areas. This has already been identified in the recent ADB/ILO RETA on Labor Standards. As identified in the sections above, while many agencies and organizations are investing a great deal of funds and efforts in preventing trafficking and address its effects on the survivors, few are seriously addressing the demand for trafficked labor. ILO is working with their private sector partners to reduce the use of child labor, and trafficked labor is a specific category in their campaigns and awareness programs.

308. Support to ILO from ADB would contribute to combating trafficking, especially associated with ADB projects supporting SMEs. Increasing an understanding of mechanisms that could be used to discourage the use and exploitation of trafficked labor in the informal sector and among SMEs could contribute significantly to combating trafficking. Leadership can be taken by ADB by visibly monitoring codes of conduct incorporated into contracts with construction contractors and other supplies for ADB operations. These examples could be used to illustrate how other mechanisms might be adopted to strengthen corporate responsibility to limit illegal labor exploitation and to build capacities among appropriate government departments to monitor these issues in sectors such as export processing zones, garment and carpet manufacturing etc. Skill training in non-traditional areas for women can also provide additional opportunities to ensure that women can enter expanding sectors through formal entry points rather than being forced to take low-skilled, casual employment opportunities in informal sectors.

3. Governance

309. The ADB’s continued support for the implementation of the decentralization process offers great potential to build accountability from all levels of government to address human trafficking. Support could be extended in areas such as: Capacity building for women elected officials at local and national government levels to encourage their leadership in combating trafficking and understanding links between poverty reduction and building resistance to trafficking; Capacity building with municipal government to develop and implement measures to ensure migrant and mobile populations have access to services and economic opportunities and hence reduce their vulnerability to risks such as trafficking; Implementing government sponsored programs to increase birth and marriage registration - a key step in enabling rights of children to be protected, to improve delivery of basic services and to track and monitor population movements; Promoting improved enforcement of existing legislation to combat trafficking. Other funders are supporting police training, awareness among community political leaders, but the ADB could reinforce these efforts by raising human trafficking concerns at higher levels in discussions regarding accountability and transparency of local government mechanisms. 95

4. Regional Cooperation

310. Links exist between objectives in the south Asia region for the ADB. These include the impact of improved road networks across borders between Bangladesh, India and Nepal, along which the vast majority of trafficking women and children travel. Some of the road corridor improvement project activities already underway in Nepal have considered additional activities such as including information booths at bus shelters close to the border for those seeking help to return home. Other activities like this could be considered along the Nepal India border crossings.

311. Some activists argue that improving road connections actually drives traffickers further off to rural and remote roads, so the assumption that if the road and transport services improve, so will the flow of traffickers does not necessarily hold true. However, ADB might consider carrying out a more detailed analysis of what the impacts might be along these major transportation corridors.

312. Consideration also needs to be made of the impacts of freer movement of labour, along with greater access to markets on the trends of human trafficking in Nepal.

313. Support can also be provided to GOB, through policy dialogue at a regional and sub- regional level, for the implementation of the recently signed SAARC Trafficking Convention. ADB’s recognition of this step in combating trafficking has already been recognized through the RETA facilitating the Exposure visit to Thailand for government representatives from each of the three countries. Continued communication with these same Ministries regarding progress since the Exposure Visit would assist in maintaining momentum.

5. Aid Agency Cooperation

314. At the recent South Asia Regional Consultation prior to the Second World Congress Against Commercial Sexual Exploitation of Children held in Yokohama in 2001, many stakeholders raised the importance of development programming – at national levels and among donor agencies – targeting of poverty reduction programming to areas known to have high incidence of trafficking, or to address the specific needs of those most vulnerable. One way to improve a targeted approach is to increase Aid Agency Cooperation. As has been demonstrated in Nepal through the IACG on Trafficking, the exchange of information is an important first step in this direction.

315. ADB could participate more fully in this forum, and in identifying aspects of the NPA for Nepal it could support, not necessarily through stand-alone anti-trafficking projects, but through the linking of existing poverty reduction programming e.g. rural credit programs, water and sanitation projects etc. Other agencies and INGO/NGO networks could assist ADB in identifying NGOs with capacities to bring ongoing anti-trafficking activities to project areas and to coordinate with project implementers on suitable timing and locations for activities. 97

Bibliography:

ABC Nepal -A Situation Analysis on Girls Trafficking In Sindhupalchowk Mahankal and Ichowk Village Development Committee ______, 1996, Red Light Traffic (The Trade in Nepali Girls) Third Edition, ActionAid Nepal 1995, Listening to Smaller Voices (Children in an Environment Change: Report on Research work carried out in by Action Aid Nepal), Asia Foundation/Horizons 2001, Research Summary- Trafficking and : Community Perceptions and Policy and Program Responses Asia Foundation/Population Council /Horizons 2001Prevention of Trafficking and the Care and Support of Trafficked Persons Asian Development Bank, 1995. Involuntary Resettlement Policy ______, 1998, Handbook on Resettlement: A Guide to Good Practice ______, 1998, Policy on Gender and Development, ______, 1999, Women In Nepal ______, 1999,Country Operational Strategy for Nepal ______, 2000, Fighting Poverty in Asia and the Pacific-The Poverty Reduction Strategy ______, 2000. Private Sector Development Strategy ______, 2001, Handbook on Poverty and Social Analysis – A Working Document ______, 2001,Country Strategy and Program Update (2002-2004) Nepal ______, 2001. RETA 5948: Inception Report: Combating Trafficking of Women And Children In South Asia. ______, 2001. Social Protection Strategy ______, 2001. South Asia Subregional Economic Cooperation (SASEC), RETA 5936: Identification and Prioritization of Subregional Projects in South Asia. ______, 2002, RETA 5948: Mid-Term Report: Combating Trafficking Of Women And Children In South Asia. Bal Kumar KC, Govind Subedi, Yogendra Bahadur Gurung, Keshab Prasad Adhikari 2001, Trafficking in Girls with Special reference to Prostitution: A Rapid Assessment ILO Bhattacharya, Manjima Trafficking in South Asia (A Conceptual Clarity Workshop Report-29th July-1st August 1998, Anandakam, New Delhi) Bhattarai, Dr.Ananda Mohan, 2001Displacement and Rehabilitation in Nepal, Law policy and Practice , Kathmandu Blanchet, T, 2002 Beyond Boundaries, A Critical Look at Women Labor Migration from Bangladesh, USAID, Dhaka. Buvinic, Maurya , 1995. The Feminization of Poverty? Research and Policy Needs in Reducing Poverty Through Labour Market Policies, International Institute for Labour Studies, Geneva CAC Nepal 2001, Stock-Taking of Existing Reasearch and Data on Trafficking of Women and Girls-Final Report Kathmandu Cohn. R. (ed.) 1996. Theories of Migration -The International Library of studies of Migration, 98

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). Cox, Thomas 1993. The Badi: Prostitution As a Social Norm among an Untouchable Caste of West Nepal, Asian Ethnographer Society Press, Kathmandu CWIN 1994, Voice of Child Workers (Quarterly Magazine of CWIN),, Issue Number 23 Economist Intelligence Unit 1999. The World Guide 1999-2000; Evans, Dr.Catrin and Pankaja Bhattarai (The Asia Foundation/ Population Council/Horizons) 2000, Trafficking in Nepal: Intervention Models-A comparative Analysis of anti-Trafficking Intervention Approaches in Nepal, Kathmandu Femina April 1, 2002 Ghimire, Durga Situation of Girls Trafficking In Nepal (Country paper:Regional Seminar on Girls Trafficking) Government of Nepal, Department of Labor, Labor Administration: 1998, Annual Report Fiscal Year 1998-99 Kathmandu ______, Ministry of Finance,-Arthhatantra ______, Ministry of Foreign Affairs 1995, The Report of the Kingdom of Nepal on the International Covenant on Economic Social and Cultural Rights, Submitted by Shital Niwas, Kathmandu Nepal ______, Ministry of Women and Social Welfare, and International Labour Organization/ International Program on the Elimination of Child Labour, National Plan of Action Against Trafficking in Children and their Commercial Sexual Exploitation (An Outcome of the National Consultative workshop Kathmandu, 22-24 April, 1998) Government of Sweden: Ministry of Foreign Affairs, Department for Asia and the Pacific, 2001: Trafficking in Women and Children in Asia and Europe: A Background Presentation of the Problems involved and the Initiatives Taken; Stockholm Grover, Deepa. 1993, Hamra Chelibetiharu ( An Analysis of the Situation of Girl Children in Nepal) UNICEF,Nepal Himal magazine October 1998 HimRights-INHURED/Plan International, 2001 Adhikar Newsletter in Nepali (anti trafficking issue)- ______, 2001, Chhori Newsletter in Nepali (anti trafficking issue) Human Rights Watch, 1995, Rape for Profit INHURED International 1997. Economic Exploitation OF the Children in South Asia (Regional Report), ______, Summary Report On Strategic Workshop on Trafficking in Women and Girls October 2-4 1996, Lalitpur, Nepal, Organised by in cooperation with CARITAS/ Tides Foundation/ UNICEF Nepal Maiti Nepal 1991, Newsletter Volume 1 Number 4 May-June ______, 2001, Politics and Trafficking-Report based on Maiti Nepal organized interaction workshop-Trafficking in Girls and Women: Solution to the Problem, Political Commitment and Role of Parliamentarians held in September, 2001 99

Melamchi Water Supply Diversion Board 2000, Melamchi Diversion Scheme Social Uplift Programme- Social Uplift Programmme Implementation Plan, Final Report r Mo, Cecilia 2001, The SAARC Draft Convention to Prevent and combat Trafficking; A Blessing or a Threat to the Women and Girl Children of Nepal, (unpublished) Neergaurav Research and Development Foundation 1999, The Government Draft of SAARC Convention Against Trafficking Critiqued and Alternate Draft Proposed 3-4 September, 1999 NNAGT Workshop Report of Migrant Labor and Trafficking of Women Kathmandu, Nepal June 3-4, 1999 Organised by NNAGT(National Network Against Girl Trafficking, Nepal) Patil, V.T, P.R. Trivedi 2000, Migration, Refugees and Security in 21st Century (Authors Press) Pradhan, Gauri CWIN, 1996. Back Home from Brothels- A case study of the victims of commercial sexual exploitation and trafficking across Nepal- India Border, ______, Trafficking and Sexual Abuse in Nepal Report of South Asia Workshop on Trafficking in Women and Children-Formulating strategies of Resistance-October 1996 Sangroula, Yubaraj 2000, Hidden Realities of the Establishment of the Human Rights Commission in Nepal , Kathmandu SAP Nepal 2001. Commercial Sexual Exploitation of Children (A Review of South Asia-Nepal Perspective)- Kathmandu Shakya, Anjana and Sandhya Shrestha 2000, Trafficking in Women in South Asia- An Organized Crime against Women (A study conducted by Oxfam GB in South Asia) October- Singh, Madhavi 2000, Study Report On Different Aspects of The Phenomenon of Women Migrant Workers and its Impact on Nepalese Economy (Submitted to UNIFEM Regional Office New Delhi) 25th June 2000 Siwakoti, Dr.Gopal Krishna and Yessey Penjom (edt.) -2000 Beyond Beijing Committee, Nepal National Report for Beijing+ Five, Skeldon, R. 2000/1, Trafficking; A Perspective from Asia, International Migration, Special Issue, South Asia Consultation Report on Achieving the Goals of the 1990s for Children and Development-1992 South Asia Forum for Human Rights (SAFHR) 2000 Protection of Refugees in South Asia: Need for a Legal Framework, Lalitpur Nepal Stri Shakti 1995, Women Development, Democracy: A Study of the Socio-economic Changes in the status of Women in Nepal Subedi, Surya P. India -Nepal Security Relations and the 1950 Treaty-Time for New Perspective Thapa, AIGP.G.P. Police Intervention to Address Trafficking and All Forms of Sexual Exploitation UNDP Human Development Report 2001 Unicef, 1994 The Right to be a Child, August 1994 UNICEF, India Country Office New Delhi ______, Nepal 1995, Prevention of Girl Trafficking and Prostitution (Supplementary Funding Proposal)- Submitted to The German Committee For UNICEF 100

______, 2001, Commercial Sexual Exploitation and Abuse of Children—Summary Report- South Asia Consultation for The Second World Congress Against Commercial Sexual Exploitation of Children Dhaka, 4-6 November 2001 ______, 2001, Profiting from Abuse – An investigation into the sexual exploitation of our children ______, 2001, South Asia: The HIIV/AIDS Epidemic, United Nations High Commissioner for Refugees 1991, Guidelines on the Protection of Refugee Women- Prepared by the Office of the United Nations High Commissioner for Refugees Geneva ______, Judy El-Bushra Gender and Forced Migration, Forced Migration Review10 ______, 1995 Sexual Violence Against Refugees (Guidelines on Prevention and Response) Geneva ______, 1995 The State of the World’s Refugees- In Search of Solutions Oxford University Press ______, 2000, The State of the World’s Refugees- In Search of Solutions Oxford University Press ______, Srilakshmi Gururaja Gender Dimension of Displacement, Forced Migration Review 9 Wille C. 2001, Trafficking in Children into the Worst Forms of Child Labor a Rapid Assessment. ILO. WOREC 2002, Cross-border Trafficking of Boys ILO/IPEC, Kathmandu WOREC/CEDPA Advocacy Against Trafficking in Women Training Manual Training Manual, Nepal 1