Hamro Samman Project QUARTERLY PROGRESS REPORT NO. 7 FISCAL YEAR 2019, QUARTER 2
January 1, 2019 – March 31, 2019
Cooperative Agreement No.: AID-367-A-17-00001
Submitted by: Winrock International 2121 Crystal Drive Arlington, Virginia 22202
DISCLAIMER This report is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents of this report are the responsibility of Winrock International and do not necessarily reflect the views of USAID or the United States Government.
HAMRO SAMMAN PROJECT QUARTERLY PROGRESS REPORT NO. 7 FISCAL YEAR 2019, QUARTER 1I
January 1, 2019 – March 31, 2019
DISCLAIMER
This report is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents of this report are the responsibility of Winrock International and do not necessarily reflect the views of USAID or the United States Government.
Hamro Samman Project – Quarterly Progress Report FY19 Q2
TABLE OF CONTENTS
1 TABLE OF CONTENTS 1 ABBREVIATIONS 3 INTRODUCTION 6 CONTEXTUAL UPDATE 6 HIGHLIGHTS AND KEY ACCOMPLISHMENTS 10 SUMMARY OF ACTIVITIES 12 OBJECTIVE 1: STRENGTHENED NATIONAL, PROVINCIAL AND LOCAL GON EFFORTS TO COMBAT TIP 12 SUB-OBJECTIVE 1.1: IMPROVE GON DATA COLLECTION, SHARING, AND USAGE TO STRENGTHEN POLICY, COORDINATION AND PUBLIC REPORTING 12 SUB-OBJECTIVE 1.2: STRENGTHEN GON NATIONAL AND LOCAL COMMITTEES FOR CONTROLLING HUMAN TRAFFICKING TO PREVENT, PROTECT AND PROSECUTE TIP 13 SUB-OBJECTIVE 1.3: STRENGTHEN GON MONITORING AND ENFORCEMENT OF POLICIES RELATED TO FOREIGN LABOR RECRUITMENT AND TIP 17 SUB-OBJECTIVE 1.4: INCREASE GON IMPLEMENTATION OF NATIONAL AND INTERNATIONAL RECOMMENDATIONS TO MITIGATE AND ADDRESS HUMAN TRAFFICKING 18 OBJECTIVE 2: IMPROVED CSO ADVOCACY AND ENGAGEMENT TO ADDRESS TIP 20 SUB-OBJECTIVE 2.1: IMPROVE CSO DATA COLLECTION, SHARING AND USAGE TO STRENGTHEN POLICY, COORDINATION AND PUBLIC REPORTING 20 SUB-OBJECTIVE 2.2: STRENGTHEN SURVIVOR ORGANIZATIONS AND NETWORKS TO LEAD ADVOCACY, OVERSIGHT, AND PARTICIPATION IN ANTI-TIP ACTIVITIES 21 SUB-OBJECTIVE 2.3: STRENGTHEN CSO MONITORING AND REPORTING ON POLICIES RELATED TO LABOR RECRUITMENT AND TIP PREVENTION, PROTECTION AND PROSECUTION 21 SUB-OBJECTIVE 2.4: BUILD CSO NETWORKS FOR EFFECTIVE ENGAGEMENT WITH GON AND PRIVATE SECTOR TO PREVENT, PROTECT AND PROSECUTE TIP 21 OBJECTIVE 3: INCREASED PSPS TO SERVICE TIP SURVIVORS AND AT-RISK POPULATIONS 24
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SUB-OBJECTIVE 3.1: IMPROVE THE QUALITY OF EXISTING GON, CSO AND PRIVATE SECTOR SERVICES AND RELATED REFERRAL SYSTEMS TO ASSIST TIP SURVIVORS 24 SUB-OBJECTIVE 3.2: REDUCE LEGAL BARRIERS THROUGH GON, CSO, AND PSPS FOR SURVIVORS TO ACCESS JUSTICE AND INCREASE PROSECUTION 27 SUB-OBJECTIVE 3.3: RAISE PUBLIC AWARENESS AND FOSTER SAFE MIGRATION VIA GON, CSO AND PS PARTNERS 28 SUB-OBJECTIVE 3.4: GENERATE INNOVATIVE SOLUTIONS USING PRIVATE SECTOR FUNDING TO SUPPORT AT-RISK PEOPLE AND TRAFFICKING SURVIVORS 30 GENDER EQUALITY AND SOCIAL INCLUSION 32 MONITORING AND EVALUATION 32 COMMUNICATIONS 34 FINANCIAL PERFORMANCE 34 CHALLENGES AND MITIGATION MEASURES 35 OPERATIONS, MANAGEMENT AND COORDINATION 38 PRIORITY ACTIVITIES NEXT QUARTER 45 ANNEX 1- PROGRESS ON ANNUAL WORK PLAN OF ACTIVITIES 49 ANNEX 2 – CASE STUDY OF 179 NEPALESE REPATRIATED FROM INDIA 63 ANNEX 3 – PITT 67 ANNEX 5 – REPORT ON FWLD CONSULTATION ON HTTCA REVISIONS 80
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ABBREVIATIONS
AATWIN Alliance Against Trafficking of Women and Children in Nepal AOR Agreement Officer’s Representative AMKAS Apravasi Mahila Kamdar Samuha BSF Border Security Force CBS Central Bureau of Statistics CDO Chief District Officer CEC Civic Engagement and Capacity CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CeLRRd Center for Legal Research and Resource Development CEO Chief Executive Officer CG Chaudhary Group CIB Central Investigation Bureau COP Chief of Party CSO Civil Society Organization CTIP District Coordination Committee DAO District Administration Office DCOP Deputy Chief of Party DFID Department for International Development DG Democratic Governance DIGP Deputy Inspector General of Police DOS Department of State DOFE Department of Foreign Employment ECPACT End Child Prostitution and Trafficking EOI Expression of Interest FAM Finance and Administration Manager FC Field Coordinator FEA Foreign Employment Act, 2007 FWLD Forum for Women, Law and Development FY Fiscal Year G2G Government to Government GESI Gender Equality and Social Inclusion GIS Geospatial Information System GON Government of Nepal HTTCA Human Trafficking and Transportation (Control) Act, 2007 HTTCR Human Trafficking and Transportation (Control) Rules, 2008 IACG Inter Agency Coordination Group ICITAP International Criminal Investigative Training Assistance Program ILO International Labour Organization INGO International Non-Governmental Organization Inc Incorporated IOM International Organization for Migration IP Implementing Partner KIIs Key Informant Interviews LACC Legal Aid and Consultancy Center LCCHT Local Committee Controlling Human Trafficking LfC Leadership for Change Ltd Limited
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M&E Monitoring and Evaluation MEL Monitoring, Evaluation and Learning MIS Management Information System MOHA Ministry of Home Affairs MOLESS Ministry of Labour, Employment and Social Security MOLJPA Ministry of Law, Justice and Parliamentary Affairs MOU Memorandum of Understanding MOWCSC Ministry of Women, Children, and Senior Citizen NAFEA Nepal Association of Foreign Employment Agencies NBA Nepal Bar Association NBI National Business Initiative NCCHT National Committee for Controlling Human Trafficking NGO Non-Governmental Organization NHRC National Human Rights Commission NMS National Minimum Standards for Care and Protection of Victims NNSM National Network for Safe Migration NPA National Plan of Action NPR Nepalese Rupee NYEF Nepalese Young Entrepreneurs Forum OAG Office of Attorney General OCA Organizational Capacity Assessment OPI Organizational Performance Index OPM Office of Prime Minister PABSON Private & Boarding Schools' Association of Nepal PECAN Participant Engaged Capacity Assessment for Networks PITT Performance Indicator Tracking Table PMP Performance Management Plan PNCC Pravasi Nepali Coordination Committee PPR Protection of People’s Rights PSE Private Sector Engagement PSP Private Sector Partnership Pvt Private Q Quarter RFA Request for Applications RFP Request for Proposals SAARC South Asian Association for Regional Cooperation SAIS School of Advanced International Studies (Johns Hopkins University) SAN Swatantrata Abhiyan Nepal SNGC Sub National Governance Coordinator SOP Standard Operating Procedures for Care and Protection of Trafficking Survivors SP Superintendent of Police SSP Senior Superintendent of Police SME Small Medium Enterprise TBD To Be Determined TDH Terra Des Homes TIP Trafficking in Persons TPP Training and Placement Provider UN United Nations UNFPA United Nations Population Fund UNODC United Nations Office on Drugs and Crime
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USAID United States Agency for International Development USG United States Government VAT Value Added Tax VCMS Victim Case Management System WEI World Education International
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INTRODUCTION
Hamro Samman is a five-year project implemented in Nepal with generous support from the American people through United States Agency for International Development (USAID). USAID awarded Hamro Samman to Winrock International on July 12, 2017 to implement the project in Nepal through Cooperative Agreement AID-367-A-17-00001. The project focuses on reducing the prevalence of trafficking in persons (TIP) in 12 districts of Nepal using the “4Ps” framework- Prevention, Protection, Prosecution and Partnership. The project will bring together participating stakeholders and partners to reduce the prevalence of trafficking in persons through the following three objectives:
Objective 1: Strengthen federal, provincial and local Government of Nepal (GON) efforts to combat TIP;
Objective 2: Improve Civil Society Organization (CSO) advocacy and engagement to address TIP; and
Objective 3: Increase private sector partnerships (PSPs) to service TIP survivors and at-risk populations.
Hamro Samman’s strategies include:
1. Institutionalizing linkages between national and local level government, civil society organizations, and private sector stakeholders. 2. Leveraging external resources, including the private sector. 3. Drawing on and informing global best practices and innovations. 4. Adopting data driven adaptive management 5. Executing robust resource mobilization.
This report details program implementation, including activities, achievements and challenges, for the reporting period January 1, 2019 to March 31, 2019. CONTEXTUAL UPDATE
Change in leadership at the Ministry of Women, Children and Senior Citizen (MOWCSC)
During this quarter, changes continued in key leadership positions within MOWCSC. Last quarter saw the Joint Secretary and Under Secretary focusing on human trafficking changed. On March 5, Mr. Bir Bahadur Rai took over as acting Secretary at MoWCSC following the retirement of Secretary Mr. Buddhi Bahadur Khadka.
Ministry of Labor, Employment and Social Security (MOLESS) establishes provincial level offices
Towards the end of last quarter and throughout this quarter, the Ministry of Labour, Employment and Social Security (MOLESS) established labor and employment offices in all 7 provinces, which have begun issuing re-entry permits for foreign labor migration. Janakpur, the capital of Province 2 and Butwal, capital of Province 5, began issuing re-entry permits on Dec 31 and the remaining 5 provinces started issuing re-entry permits on the following dates: January 10, from Pokhara,
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capital of province 4; January 20, from Surkhet, capital of Karnali province; January 25, from Dhangadi, capital of Sudhurpaschim Province (Province 7); and February 6, from Biratnagar, the capital of Province 1. The re-entry permits are labor permits provided to returnee Nepali migrants who want to migrate again for foreign employment. The new government service in the provincial capitals is expected to relieve foreign labor migrants from the expense of travelling to the capital to receive the permit. This will reduce the total cost of migration and arguable the debt load that many migrants incur getting ready to travel. This has the potential to benefit a large number of migrants. Last year, according to MOLESS, approximately 610,000 Nepalis migrated, of which a notable 42% were re-migrating. This means that the change could benefit approximately 42% of the aspiring migrants each year.
As part of the devolution process, MOLESS reports that the provincial labor and employment offices have also been given responsibility for monitoring and regulating the foreign employment agencies, training/orientation service providers in their provinces, and providing information on foreign employment and safe migration (pre-decision and pre-departure training). The provincial offices have not yet begun to implement these new roles and responsibilities and may need support to realize their role.
Nepalese rescued from potential trafficking in Indian border town
In early February, the GON was informed that 179 Nepali citizens (32 men and 147 women) were intercepted by the Indian authorities in Moreh, Manipur. They were waiting to cross into Myanmar to make their way towards different destination countries for work. The GON and Nepal Police– in collaboration with the Manipur police and the Border Security Force (BSF) of India– coordinated the repatriation of these Nepalis to Kathmandu three weeks later. The government of Nepal suspected that the migrants were trafficked. After arriving in Kathmandu, they were temporarily accommodated in various shelters and rehabilitation centers and were reunited with their families at the end of February.
The Nepal Police Anti-Human Trafficking Bureau questioned each of the returnees but was not able to identify any trafficking cases for formal investigation. Additionally, as of the close of the quarter, none of the 179 migrants decided to file a case under the Human Trafficking and Transportation Control Act, 2007 (HTTCA). This result does not necessarily indicate that none of the cases involved human trafficking, but instead indicates that using current resources, the police were not able to find sufficient evidence to indicate human trafficking. It highlights the difficulty of identifying human trafficking cases and the need for support to police to strengthen their investigation and identification of cases. The current practice of relying upon a victim complaint means that many cases that may involve trafficking are not pursued. Providing technical training to police to better recognize indicators of trafficking, developing national victim identification guidelines, and changing the criminal definition of trafficking in Nepal to clearly include trafficking for labor exploitation may all help to increase the ability of the formal justice system to recognize and process trafficking cases.
It is interesting to note that several of the migrants reported that they were on their way to jobs in Iraq, Kuwait and Lebanon. Nepal does not currently have migrant worker agreements with these countries, and in fact, Iraq is a prohibited destination for Nepali migrants. This might be evidence that the prohibition is driving migrants to choose unsafe, undocumented channels to get to employment opportunities in countries not legally allowed by Nepal.
Legislative Framework governing TIP and foreign migration
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The journey towards ratification of the Palermo Protocol continued this quarter. After reportedly being on the brink of approval by the Council of Minister’s last quarter, it was reportedly sent back to the relevant Ministries for further analysis and review by the Cabinet’s study committee. This quarter, the file was returned by Ministry of Home Affairs (MOHA), Ministry of Finance (MOF), MOSCWC, and MOLESS to the Cabinet for approval. It is reported, but not confirmed, that no significant concerns have been raised by the Cabinet members and that Cabinet is expected to approve the Protocol so that it can be considered in federal Parliament during the upcoming budget session for ratification.
On March 3, the amendments to the HTTCA and the Foreign Employment Act, 2007 (FEA) were approved by the federal Parliament and promulgated by the President. The HTTCA was amended to allow the provincial government or local government to open rehabilitation centers in coordination with federal government, which was previously the sole responsibility of the federal government. The amendments also allow for the handover of existing rehabilitation centers to the provincial or local governments. The amendments place the responsibility for monitoring rehabilitation centers established by provincial and local governments on these governments themselves. Provincial and local governments were also given the authority to establish a rehabilitation fund for the management and operation of rehabilitation centers as per their own rules and regulations, using their own resources. This amendment also allows the provincial and local government to use the money from the rehabilitation fund. These changes will need to be socialized with the provincial and local governments so that they can better understand their new role, to ensure that they prioritize these new responsibilities in their annual budgets. They will also need to be guided in establishing rules and regulations, implementing the effective monitoring of the rehabilitation centers under their authority, and ensuring proper compliance with minimum standards.
The FEA amendments allow for a victim to lodge a complaint in person, by post or by electronic means to the Department of Foreign Employment (DOFE). Importantly, the complaint can also be now be lodged at the district administration office where the victim resides, rather than only at the central level in Kathmandu. This positive change promotes better access to justice for victims of foreign labor exploitation because they no longer need to travel to Kathmandu to lodge a complaint with the DOFE and no longer need to present personally. The amendment also gives authority to the Chief District Officer (CDO) to undertake primary investigations and engage in reconciliation between the parties to foreign employment cases. Victims of foreign employment fraud by agents can now file a case at the District Administration Office (DAO) in their respective districts. Previously, victims had to travel to Kathmandu for filing their complaints at DOFE. The district level authority, after an inquiry by the Chief District Officer, can resolve the matter by awarding compensation to the victim and reporting the award to DOFE. If the dispute cannot be settled at the DAO, it should be forwarded to DOFE for resolution. Complaints made to the DAO against recruitment agencies need to be forwarded to DOFE within seven days of receiving the complaint. It will be important to monitor the exercise of this power to ensure that serious cases of labor fraud and exploitation are not being incorrectly resolved and that the right of victims to a remedy is respected.
The deposit and bank guarantee required for recruitment companies to operate in Nepal is also increased by the amendment. The increase is intended to make recruitment companies more responsible towards migrant workers and allow for the collection of sufficient funds to compensate victims if the need arises. The new deposits must be lodged in the government reserves and range from NPR 5 million (approximately USD 45,000) to NPR 20 million (approximately USD
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180,000) depending on the number of migrants the company recruits annually1. The size of the guarantee that each company must demonstrate to operate its business ranges from NPR 15 million (approximately USD 136,000) to NPR 40 million (approximately USD 363,000)2. Under the former provisions, recruitment companies only had to provide a combined deposit of NPR 3 million to operate.3 The changes favor mergers of recruitment agencies, as a company is required to send a minimum of 100 people for foreign employment annually or have its registration revoked.
Developments with the National Association of Foreign Employment Agencies
The Nepal Association of Foreign Employment Agencies (NAFEA), which is the umbrella association of recruitment companies, has taken exception to the increase in bank guarantees, saying it discriminates against smaller recruitment companies. During this quarter the NAFEA continued to advocate with the government against the recent increases. It also continues to protest what it considers to be a cap that is too low on recruitment fees (NPR 10,000 per migrant) saying it both harms their business and also promotes unethical practices because it is not feasible from a business perspective, making Nepal unable to compete with other sending countries.
On March 8, a bomb went off at the residence of Rohan Gurung, the current NAFEA President. No one was injured. In a memo submitted by NAFEA to the Prime Minister’s office, NAFEA claims the act was carried out by a youth organization affiliated to Netra Bikram Chand ‘Biplab’- led Communist party of Nepal. The memo claims that the youth organization had approached Mr. Gurung for funds and was rejected. NAFEA’s annual general meeting was expected to be called shortly to vote on a new President for NAFEA (the current president’s tenure expires on July 15). However, as a result of the recent attack on NAFEA’s president, the executive committee suspended the meeting until further notice.
Formal establishment of the Anti Human Trafficking Bureau
On February 13, the Nepal Police Anti Human Trafficking Bureau officially commenced operation. Its mandate is to investigate and prevent human trafficking, a mandate that was initially held by the Central Investigation Bureau and the Women and Children Service Directorate of Nepal Police headquarters. The Anti Human Trafficking Bureau is located in Babarmahal, Kathmandu. It has proposed 171 police personnel to staff it, under the leadership of a Senior Superintendent of Police (SSP). Its objectives include:
• Investigate and prevent human trafficking • Coordinate and collaborate with relevant stakeholders in raising the awareness against human trafficking • Ensure trafficking victims’ greater access to services through capacity building of the law enforcement agency • Increase information collection between different national and international agencies within and between states
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Nepal-Japan labor agreement
On March 25, the GON signed a Memorandum of Understanding (MoU) with Japan to regulate the flow of Nepali workers to the Japanese labor market. The MoU was signed by Dr. Ram Prasad Ghimire, Joint Secretary at MOLESS on behalf of GON and by Mr. Masamichi Saigo, Japan’s Ambassador for Nepal on behalf of the Government of Japan in the presence of Mr. Gokarna Bista, Honorable Minister for Labor, Employment and Social Security. The MoU, which allows for Nepalese workers to migrate to Japan for work starting on April 1, was a follow-up to the Government of Japan’s decision in January to hire workers from nine countries, including Nepal, to cope with labor scarcity in its market. HIGHLIGHTS AND KEY ACCOMPLISHMENTS
Highlights and key accomplishments from this quarter are listed below and described in more detail in the relevant Sub-Objectives in the report below.
Objective 1 - Strengthened national, provincial and local government efforts to combat TIP
● On February 11, the project awarded a grant to Swatantrata Abhiyan Nepal (SAN) to increase the capacity of subnational government officials in 10 districts and support the establishment of sub-national Committees for Controlling Human Trafficking (CCHTs) to more effectively address human trafficking. (Sub objective 1.2; Indicator 1.1.1 indirectly)
● On February 14, the National Committee for Controlling Human Trafficking (NCCHT) called a meeting to coordinate the rescue and repatriation of 179 Nepalis who were suspected of being trafficked. Hamro Samman was invited to provide technical advice and support. The 179 suspected trafficking victims were repatriated to Nepal and provided with support to return to their home through coordination between CSOs and the GON by the end of February. (Sub objective 1.2; Indicator 3.1.2)
● On March 7, the Anti-Human Trafficking Bureau formally requested technical support from Hamro Samman for the development of its strategic workplan, policy and rules and to build the capacity of its staff. It also requested support to furnish its new meeting room, which will be used for trainings and investigations. (Sub-objective 1.3; Indicator 3.2.1 indirectly)
● On March 31, the project supported the National Human Rights Commission (NHRC) to hold a consultation with 17 journalists (8 women) from 12 different media houses to collect information and feedback for the annual NHRC TIP report. (Sub objective 1.1; Indicator 1.1.1 indirectly).
Objective 2 – Improved CSO advocacy and engagement to address TIP
● On January 7, Hamro Samman CSO partners convened a meeting to develop a joint advocacy platform on revisions to the HTTCA. The objective of the meeting was to form a consensus on the recommendations for amendment of HTTCA and to develop a joint policy brief for submission to the GON and Parliament. SAN agreed to draft the policy brief on behalf of the partners. (Sub objective 2.4; Indicator 2.4.1 indirectly)
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● On February 8 and March 8, respectively, the National Network for Safe Migration (NNSM) and Alliance Against Trafficking in Women and Children in Nepal (AATWIN) organized their quarterly technical meeting with their members. On March 1, NNSM published its first e- bulletin, which covers advocacy initiatives undertaken by NNSM and its members; AATWIN drafted its first e-bulletin for publication next quarter. Both organizations worked on finalizing their organizational development and strategic plans by receiving technical support from SAN and feedback from members. (Objective 2.4; Indicator 2.4.3).
● On March 8, AATWIN celebrated 109th International Women’s Day through participation in a rally organized by MOWCSC advocating for rehabilitation of the rescued, punishment of the perpetrators of TIP crimes, removal of the ban on migration to Gulf countries as domestic workers, and for the ratification of UN TIP Protocol. (Objective 2.4; Indicator 2.4.1)
● On March 29, the Forum for Women, Law and Development (FWLD) convened AATWIN Chairperson, Anjana Shakya and team participating GON representatives from the NCCHT in march to mark International Women's Day on March 8. members and CTIP CSOs to discuss necessary revisions to the HTTCA. The draft joint policy paper was presented and shared with the GON. Recommendations from the meeting will be incorporated into the draft paper, finalized and shared with the GON next quarter. (Sub-objective 2.4; Indicator 2.4.1)
● During this quarter, NNSM completed data collection for its research on understanding the relationship between human trafficking and foreign labor migration. The finalized research report is expected next quarter. (Objective 2.3; Indicator 2.3.1)
Objective 3 – Increase private sector partnerships to increase services available to TIP victims and at-risk populations
● During this quarter, National Business Initiative (NBI) compiled a comprehensive list of private sector businesses in 5 districts (Kailali, Banke, Rupandehi, Kathmandu and Makwanpur) that could potentially provide services (education, medical, job placement or training, transportation and legal) to trafficking survivors and people at risk of being trafficked. (Objective 3.1, Indicator 3.1.1 indirectly)
● On January 23, NBI, Hamro Samman and NAFEA met to identify key areas of collaboration, including training of NAFEA members on responsible business and recruitment practices for CTIP, a co-creation workshop with NAFEA members to collect wider inputs and build consensus with formal commitments on responsible recruitment action plan for 2019-2020, development and sharing of a standard operating procedure (SOP) and/or revision of NAFEA’s existing code of conduct towards more responsible business practices, strengthening of the pre-departure checklist of NAFEA members to guide engagement with aspiring migrant workers, representation of NAFEA in NBI-managed Responsible Business Alliance Nepal, and creation/adoption of ICT-based tools for responsible recruitment and safe
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migration in connection with Hamro Samman Innovation Challenge. (Objective 3.1; Indicator 3.2.2)
● In February, at the request of the MOWCSC, Hamro Samman supported Pravasi Nepali Coordination Committee (PNCC) and Aprabasi Mahila Kamdar Samuha (AMKAS) to provide emergency transportation, psychosocial, legal, shelter and reunification support to 15 women and 32 men rescued from Manipur, India. (Objective 3.1; Indicator 3.1.2) SUMMARY OF ACTIVITIES
An update of the Project’s progress against the FY19 Workplan can be found in Annex 1.
OBJECTIVE 1: STRENGTHENED NATIONAL, PROVINCIAL AND LOCAL GON EFFORTS TO COMBAT TIP
SUB-OBJECTIVE 1.1: IMPROVE GON DATA COLLECTION, SHARING, AND USAGE TO STRENGTHEN POLICY, COORDINATION AND PUBLIC REPORTING
Strengthening GON data collection on TIP through the National Census
During the previous quarter, Hamro Samman engaged with the Central Bureau of Statistics (CBS) to discuss providing technical support to enrich the questionnaire being prepared for the upcoming national population census in 2021. During this quarter, Hamro Samman drafted recommendations to improve the questionnaire with increased data disaggregation and rephrasing questions relating to absentee population to gain more information on foreign labor migration and internal migration. The recommendations will be shared with CBS next quarter.
Prevalence estimate and/or vulnerability assessment
During the last quarter, Hamro Samman delivered a concept note to MOWCSC detailing a proposed Multiple Systems Estimation (MSE) methodology for a TIP prevalence estimation in Nepal. On February 4, Hamro Samman followed up with MOWCSC on the concept note and was requested to provide a translated copy in Nepali. The translation will be shared with MOWCSC next quarter.
NHRC Annual TIP report
On March 26, NHRC formally requested Hamro Samman to support its research on trafficking in foreign labor migration, consultations for and publication of its annual TIP report, and a study tour to understand the situation of human trafficking in the South Asian Association for Regional Cooperation (SAARC) countries through a joint inquiry commission with National Human Rights Institutions (NHRIs) in other SAARC countries. The project is considering the requests and moved forward with support to the consultations for the NHRC Annual TIP report.
On March 31, Hamro Samman supported NHRC to convene a consultation workshop with 17 journalists (8 women) of which 15 were Brahmin, 1 Muslim and 1 Dalit, from 12 different media houses to collect information and feedback for the 2019national TIP report. The following recommendations were received during the consultation:
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Recommendation 1: NHRC should have an MOU with every destination country where the Government of Nepal has Government to Government agreements (G2G), Bilateral Agreements (BLA) and Memoranda of Understanding (MoU) for labor migration.
Recommendation 2: NHRC should have strong monitoring of the shelters operated by CSOs.
Recommendation 3: NHRC should look into the shift in dimensions of destination countries (Europe) and the composition of the vulnerable group (socio-economic factors like education, high aspirations, economic status, and the culture of abroad study/work).
Hamro Samman will support the NHRC to hold additional consultations with international non- government organizations (INGO), donor agencies and different government stakeholders next quarter. The TIP report is expected to be published in July, with inclusion of an analysis of the nexus between migration for foreign employment and human trafficking.
SUB-OBJECTIVE 1.2: STRENGTHEN GON NATIONAL AND LOCAL COMMITTEES FOR CONTROLLING HUMAN TRAFFICKING TO PREVENT, PROTECT AND PROSECUTE TIP
Support to NCCHT to coordinate repatriation of 179 suspected trafficking victims
In early February, the media reported that 179 Nepalis suspected of being trafficked were intercepted in Manipur, India on the border to Myanmar. At a meeting with the MOWCSC Joint Secretary on February 4, the Hamro Samman team raised the issue and encouraged the MOWCSC to act. That was the first time that the Joint Secretary became aware of the issue. On February 14, the NCCHT called a meeting to coordinate the rescue and repatriation of 179 Nepalis who were suspected of being trafficked. Hamro Samman was invited to provide technical advice and support. The Project provided advice and support including advocating for a victim centered and voluntary approach to repatriation, ensuring that the repatriated people were given access to psychosocial and legal support, advocating for the involvement of the Nepal Police Anti-Human Trafficking Bureau and offering to connect the returnees to job placement and livelihood opportunities.
After the NCCHT meeting, on February 15 the MOWCSC convened another meeting involving the Nepal police Central Investigation Bureau (CIB), CSOs that provide shelter (including Maiti Nepal, PNCC, Paurakhi Nepal, AMKAS, Shakti Samuha, and Saathi) and Winrock International. During the meeting, the MOWCSC requested that Hamro Samman provide emergency support to the shelters to enable them to provide necessary support. On February 19, the 179 Nepalis were repatriated to Kathmandu. The project supported both AMKAS and PNCC (described in more detail under S.O. 3.1 below) to provide emergency transportation, psychosocial, legal, shelter and reunification support to 15 women and 32 men. The remainder were accommodated by Maiti Nepal (94 women), Paurakhi (20 women), Shakti Samuha (10 women), and Saathi (8 women). The repatriated men and women were accommodated in the shelters for 2-10 days until the initial investigation by the Nepal Police was completed to determine whether they were cases of human trafficking.
The Anti-Human Trafficking Bureau requested support from Hamro Samman to mobilize legal organizations to brief the Bureau’s new staff on the dimensions of human trafficking and how to take a victim centered approach to investigation. Although Hamro Samman was not able to support the request directly (because the police officers had not yet completed the vetting
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process), the project was able to connect the Bureau to CTIP legal organizations who provided the orientation without Hamro Samman support. All 179 people were interviewed by the Nepal police and provided with access to legal services; however, after the interviews, the Nepal police did not open any cases under the HTTCA, and none of the 179 came forward to file a case. The 179 people were returned to their homes by the end of February. This may highlight the need for the project to continue to work with the police, after vetting is completed, to help them understand how to recognize human trafficking and engage in more survivor-centered approaches to evidence collection.
Throughout the process, at the request of MOWCSC, Hamro Samman was intensively engaged in supporting the NCCHT with the coordination of the repatriation and working to ensure that a victim-centered approach was applied and respected. The support provided by Hamro Samman is further described in the case study in Annex 2.
This example highlights the challenges faced by both the authorities and the people who are presumed to have been trafficked. On the part of the authorities, it is difficult to gather sufficient evidence to determine whether or not the crime of human trafficking has occurred. To facilitate investigation, the authorities in this situation reportedly required the repatriated people to be held in shelters within Kathmandu and would not allow them to be released until after they were interviewed by the police. This was despite reported protests by some of the returnees that they did not agree to being held in the shelter. None of the interviews resulted in a HTTCA case being opened by the police. This highlights the need for victim identification guidelines, to assist the authorities in recognizing potential indicators of human trafficking, as well as revisions to the HTTCA definition of human trafficking to include forced labor.
On the part of the people who were presumed to have been trafficked by the authorities, many of the rescued reportedly did not initially appreciate being repatriated and accommodated in the shelters, believing that it interfered with their process of migration for foreign employment. The repatriation raised questions about freedom of movement as well as questions about the forced nature of the stay in shelters upon arriving in Kathmandu. There were reports that some of the shelters would only release the returnees to the custody of a family member, despite the fact that all of the returnees were adults. This highlights the need to strengthen shelters to take a client- centered, survivor-focused approach to services and to ensure the respect for individual rights in all aspects of service provision.
It is also interesting to note that following individual and group psychosocial counselling at the shelter and interaction with the police, some of the rescued people were reported to have acknowledged that the method of migration they had employed could indeed have placed them in danger of being trafficked. This reinforces the hypothesis that information and education may help potential migrants to make safer choices when choosing migration pathways to find employment.
Ultimately, this rescue demonstrated a strong coordinated effort between different government agencies and civil society service providers. The initial delays in responding to the crisis does highlight the need for the NCCHT to take on a more active role as per its mandate while it is also necessary to strengthen coordination among the stakeholders to aptly respond to the new purposes, means, and methods for human trafficking that are being applied by the traffickers. The openness of the NCCHT to collaborate with CSOs and request technical support from the project highlights a very positive awareness of its current limitations and a willingness to improve. The project will work to capitalize on this opportunity in coming months.
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Roll out to sub-national level
During this quarter, the Hamro Samman field offices conducted outreach activities at the municipal level with the local governments. In Province 3, they reached out to five local governments in Makwanpur (Raksirang, Manahari, Bakaiya and Bagmati) and Nuwakot (Myagang); in Province 5 to eight local government in Banke (Janaki, Rapti Sonari, Kohalpur, Khajura Nepalgunj Sub Metropolitan, Baijnath) and Bardiya (Gulariya, Madhuban); and in Province 7 to four municipalities in Kailali (Dhangadi, Fulbari) and Kanchanpur (Bhimdutta, Bedkot).
In Province 3, the FC updated the local authorities on Hamro Samman and discussed the local governments’ CTIP initiatives and prevailing issues. During the visit it was reported that there are high levels of foreign migration, school dropout rates and child marriage in the visited areas. The FC also visited the district attorney’s office and district police office to gain more insight into the types of cases handled, services provided and how TIP-related data is maintained.
In Province 5, the FC attended the formation of a CCHT in Nepalgunj Sub Metropolitan as well as strategic planning meetings with local governments. She also met with the CDO, the district attorney’s office, and the district courts to gather information on the data system currently being used to process information related to counter trafficking. Similar visits were made in Kajurja rural municipality in Bardiya. Both Nepalgunj Sub Metropolitan and Baijanath formed and passed a local level CCHT at their council meeting.
In Province 7, the FC coordinated with the Secretary for the Chief Minister and Social Development Minister to seek time for a high level meeting with the Project, which was subsequently postponed by the GON. The FC also met with local authorities in Dhangadi and Fulbari municipality, Kailai to discuss reactivating the DCCHT and forming palika-level CCHTs.
This quarter, the project also continued to make efforts to realize high-level meetings with the respective provincial authorities to ensure they understand the project’s objectives, to learn the objectives of each province, to identify potential areas for engagement, and to understand how to promote effective coordination mechanisms in each province. During the previous quarter, the project’s Chief of Party (COP), Deputy Chief of Party (DCOP), and Agreement Officer’s Representative (AOR) traveled to Province 3 to meet the authorities, but the Ministers cancelled meetings at the last minute due to other priorities. A high-level visit to reattempt to meet the Ministers in January was postponed at USAID’s request because of the USG partial shutdown. On March 19, project partner SAN met with the Minister and Secretary of the Ministry of Social Development to discuss its new initiatives with Hamro Samman and to update on other donor- funded activities. At that meeting, SAN proposed the formation of project coordination group at the provincial level for Hamro Samman. The Ministry agreed in principle with the coordination group but indicated the need for follow-up discussions. The Minister also raised the issue of appropriate use of government logos in event banners at provincial level and indicated that they did not want activities involving the provincial government to be co-branded with logos from donors.
On February 20, the COP and DCOP met with the Honorable Chief Minister of Province 5 in Kathmandu to brief him on the project and discuss potential for collaboration and project support. During the meeting, the Minister acknowledged his limited understanding of TIP, mentioned the high level of emigration from Province 5 for foreign labor, and expressed the need for research to assess the social costs of labor migration and the prevalence of TIP in Province 5. Coordination
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with the Minister for Social Development, Ministry for Internal Affairs and Law and the principal Secretary of the province was suggested by the Minister as a further course of action for Hamro Samman.
Similarly, a follow-up meeting with ministerial level officials in Province 7 was scheduled for February 7 but was cancelled at the last minute because the Minister needed to leave for another assignment. It will be rescheduled for next quarter.
Technical assistance to develop and amend legislation Meeting between COP, DCOP and Chief Minister Province 5 On March 26, Hamro Samman received information from an informal source that MOWCSC was rapidly moving ahead with amendment to the Human Trafficking and Transportation Control Regulations (HTTCR). On the same date, at the suggestion of the source, Hamro Samman prepared an informal email outlining a preliminary set of recommendations for consideration and shared them with the MOWCSC Joint Secretary. These recommendations included: formation of provincial and local level of CCHT; inclusion of Nepal Police Anti-Human Trafficking Bureau and the Federation of Nepalese Chamber of Commerce and Industry (FNCCI) as a member of the CCHTs at all levels (federal, provincial, district and local); designation of the Secretary or head of the social development division of the Ministry of Social Development in each province to lead the provincial level CCHT; and inclusion of INGOs working on CTIP in the CCHTs to strengthen collaboration, avoid duplication, and improve management of resources. Hamro Samman also recommended the establishment of a rehabilitation fund at all levels of government.
Support establishment of sub-national CCHTs
Hamro Samman has been engaged in technical capacity support to CTIP structures at the local and district level that either still exist or that have been reformed by the local authorities. During the previous quarter, Hamro Samman provided technical support to the reformation of the CCHT in Nepalgunj. This quarter, Hamro Samman provided support for the reformation of the CCHT in Rapti Sonari, Janaki and Baijanaath Rural Municipalities in Banke District, and Gulariya Municipality in Bardiya District in Province 5. Hamro Samman will be supporting the preparation of guidelines for the formation and operation of sub-national CCHTs in the new federal context next quarter.
Grant to Swatantrata Abhiyan Nepal (SAN)
On February 11, the project awarded a grant to SAN to provide technical support to the orientation of local and provincial governments and to bring them on board to support the establishment of a CCHT structure at the sub-national level. During this quarter, SAN started developing the CTIP orientation module for local government leaders, the handbook for provincial government on countering human trafficking and the Nepali version of the Leadership for Change (LfC) manual. They will be completed next quarter.
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SUB-OBJECTIVE 1.3: STRENGTHEN GON MONITORING AND ENFORCEMENT OF POLICIES RELATED TO FOREIGN LABOR RECRUITMENT AND TIP
Strengthen Nepal Police Anti-Human Trafficking Bureau
During this quarter, the project engaged in several foundational meetings with the Nepal Police Anti-Human Trafficking Bureau to explore potential areas of collaboration. On January 24, the COP and DCOP participated in a meeting convened by the American Embassy and USAID with the Additional Inspector General (AIG) Police, Mr. Pushkar Karki, and the Anti-Human Trafficking Bureau Director, SSP Ishwar Karki, to explore potential areas of collaboration. Several follow-up meetings were held between the project and the Anti-Human Trafficking Bureau leadership at the request of the Nepal Police. On February 10, Hamro Samman sent a formal letter to the Nepal Police Research and Planning Directorate expressing interest in collaborating to support the Anti- Human Trafficking Bureau.
On March 12, Hamro Samman received a formal request from the Anti-Human Trafficking Bureau, dated March 7, requesting support in the following areas: to develop a strategic workplan for the newly formed Bureau; to assist in developing policy and rules; to provide capacity building training to Bureau staff; and to engage in coordination between Winrock International and the Anti-Human Trafficking Bureau to effectively counter trafficking in persons. The Anti-Human Trafficking Bureau also requested that Hamro Samman support the furnishing of its new meeting room for future trainings and meetings. Upon receiving the request, the Hamro Samman project requested detailed information from the Bureau to allow for Leahy vetting to be completed. The vetting process must be completed before Hamro Samman can move forward with any support. The vetting forms will be submitted to USAID early next quarter.
NHRC monitoring of TIP in foreign labor migration and the entertainment sector
As reported under sub objective 1.1 above, this quarter Hamro Samman agreed to support NHRC to publish its Annual TIP report and to conduct research on trafficking in foreign labor migration. The annual report is expected to highlight the results of the NHRC’s year-long monitoring (without Hamro Samman support) on trafficking issues, including those in the foreign labor migration. The upcoming research effort is anticipated to produce a thematic report that will provide additional focused insights on human trafficking and foreign labor migration.
Participation in MOLESS-led Alliance 8.7 meeting
On February 7, Hamro Samman participated in the MOLESS-led Alliance 8.7 meeting, convened by MOLESS in partnership with International Labour Organization (ILO). Nepal has been selected as a pathfinder country, and MOLESS is the Ministry leading the engagement. Alliance 8.7 is focused on fulfilling Sustainable Development Goal 8.7: eradication of forced labor, modern slavery, human trafficking and child labor. The meeting aimed to provide information on Alliance 8.7, build commitments, and identify possible next steps to make Alliance 8.7 operational in Nepal. At the meeting, Hamro Samman raised the need for the Government of Nepal to ratify the Palermo Protocol and to amend both the HTTCA and the FEA. The Alliance provides an interesting and important platform to begin engaging with MOLESS on counter-trafficking in the foreign labor migration process.
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SUB-OBJECTIVE 1.4: INCREASE GON IMPLEMENTATION OF NATIONAL AND INTERNATIONAL RECOMMENDATIONS TO MITIGATE AND ADDRESS HUMAN TRAFFICKING
The U.S. Government TIP Reports of 2017 and 2018 highlight several recommendations to the government of Nepal to mitigate and address human trafficking. These recommendations have also guided the activities of Hamro Samman. The following highlights how the project activities are contributing to some of these recommendations:
Recommendation 1: Respect due process, increase investigations, prosecutions, and convictions against all forms of trafficking, including bonded labor, transnational labor trafficking of Nepali males, sex trafficking of Nepali females within Nepal, and against officials complicit in trafficking-related crimes.
Revise definition of trafficking
During this quarter, the project and its partners continued to engage in regular advocacy about the need to ratify the Palermo Protocol and to harmonize the provisions of the HTTCA and the FEA to capture human trafficking for forced labor in the foreign labor migration process.
Amendment of the Foreign Employment Act
On February 27, Hamro Samman participated in the Kathmandu Migration Group meeting co- chaired by ILO and International Organization for Migration (IOM). During the meeting, it was agreed that all organizations, including the Hamro Samman project, would work together to develop a joint-advocacy platform related to proposed revisions to both the FEA and the HTTCA. Attendees also agreed on joint advocacy points related to ratification of the Palermo Protocol and the Convention on the projection of all migrant workers and their families. This will be an important platform for supporting the government to establish protocols that will distinguish between trafficking and labor exploitation and to identify when labor exploitation becomes human trafficking.
Engagement with the Anti-Human Trafficking Bureau
Discussed in detail under sub objective 1.3 above.
Recommendation 2: Institute formal procedures for proactive identification and referral of trafficking victims to protection services.
Draft Victim Identification Guidelines
A national guideline for victim identification has been recommended by the 2017 and 2018 USG TIP reports, as well as the 2018 CEDAW report. It is a first step towards providing trafficking survivors with protection and services and increasing prosecution (DOS, 2017; DOS, 2018; CEDAW, 2018). This quarter, Hamro Samman held a series of meetings with GON stakeholders including the MOWCSC and the Anti-Human Trafficking Bureau to discuss the need for this guideline. On February 27, the United Nations Office on Drugs and Crime (UNODC) indicated at the Migration Working Group meeting that it was working on draft victim identification guidelines with the Office of the Attorney General. Hamro Samman will follow up with UNODC on this next quarter.
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Recommendation 3: Expand access to and availability of victim care, including to male victims.
The activities addressing this recommendation include mapping of private sector service delivery and awarding shelter grants, and are linked to Hamro Samman’s service delivery activities, described in more detail under sub objective 3.1 below.
Recommendation 4: Lift current bans on female migration to discourage migration through undocumented channels.
During this quarter, Hamro Samman’s CSO partners engaged in advocacy on this issue. The advocacy activities by CSO partners are described under sub objective 2.4 below.
Recommendation 5: Accede to the 2000 Palermo Protocol
Palermo Protocol Ratification
Ratification of the Palermo Protocol has also been a long-standing point of advocacy from the international and national community to the GON. Hamro Samman–through direct engagement and engagement by its CSO partners–has also been advocating for ratification, including during this quarter. Calls to ratify the Protocol have been mainstreamed by Hamro Samman partners into their ongoing advocacy activities. The advocacy activities conducted specifically in this quarter are described in more detail under sub objective 2.4 below.
Recommendation 6: Amend the Human Trafficking and Transportation (Control) Act (HTTCA) to bring the definition of human trafficking in line with the 2000 UN TIP Protocol.
Amendment of the HTTCA and its Regulations
Last quarter, Hamro Samman provided recommendations to the MOWCSC on necessary revisions to the HTTCA to bring it into line with the Palermo Protocol and other international laws. This quarter, the recommendations were shared with stakeholders from government, including MOWCSC (again) and CSOs working on CTIP. They were also shared with UN stakeholders and other international organizations at the UN Migration Working Group meeting on February 27.
On March 3, Parliament approved modest amendments to the HTTCA. These are described in more detail in the context section above and do not address the concerns raised about compliance with the Palermo Protocol. The intention of the March 3 amendments was to bring the HTTCA into line with the federal context.
On March 26, Hamro Samman learned that the MOWCSC is working to urgently revise the HTTCR. On that date, Hamro Samman provided an informal, preliminary set of recommendations for the amendment of HTTCR to the MOWCSC. This is described above at S.O. 1.2 in more detail.
On March 29, at an event organized by FWLD, the MOWCSC and other NCCHT members received a draft copy of the Hamro Samman partner joint policy brief making recommendations for revisions to the HTTCA and its regulations. The GON also listened to the recommendations made by the various CSO organizations present. The details on the consultation meeting are described under sub objective 2.4 below.
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OBJECTIVE 2: IMPROVED CSO ADVOCACY AND ENGAGEMENT TO ADDRESS TIP
Organizational capacity support to CSO hubs
Supporting the capacity development of CSO hub partners to more effective undertake advocacy and outreach actions on CTIP issues is one of the key strategies of Hamro Samman. On February 20, a meeting was held with NBI to finalize the capacity development plan for the organization. The plan is based upon the findings from organizational performance index (OPI) assessment completed in September 2018.
On March 1, NNSM published its first e-bulletin, which was shared on their official website4 and Facebook page5. The e-bulletin shared information about NNSM and its members’ advocacy activities on safe migration and countering human trafficking, along with the results and lessons learnt. The e-bulletin was also disseminated by NNSM to 50 different CSOs and other stakeholders. During this quarter, AATWIN is in the final stages of developing its e-bulletin which will be published next quarter. Hamro Samman is supporting both NNSM and AATWIN to publish their e-bulletins at intervals of six months to share information related to TIP, including updates from the network and its members. In addition, social media (Facebook) updates on TIP related issues and/or Hamro Samman activities were made by both AATWIN6 and NNSM every two weeks as part of its advocacy engagement.
SUB-OBJECTIVE 2.1: IMPROVE CSO DATA COLLECTION, SHARING AND USAGE TO STRENGTHEN POLICY, COORDINATION AND PUBLIC REPORTING
Improve victim case management system in target shelters
During this quarter, Hamro Samman held several rounds of coordination meetings with Liberty Shared to discuss formalizing our partnership to customize and roll out Liberty Shared’s victim case management system in Nepal. Through other coordination meetings, Hamro Samman identified that a counter-trafficking focused international nonprofit organization, the Freedom Fund, is also considering supporting the roll-out of a case management system to their Nepali partner NGOs. In order to promote collaboration and cohesion, Hamro Samman brought Freedom Fund into discussions with Liberty Shared and Winrock International to see whether we can agree upon using a common platform to support the CTIP NGO community in Nepal. Discussions with Liberty Shared included offering customization of their platform to the needs of Nepalese CSOs in response to Freedom Fund’s concerns. Freedom Fund also appears interested to support a single platform for victim case management system in CSOs of Nepal, as many of their partners would overlap with Hamro Samman shelter partners under the anticipated shelter grants next quarter. Hamro Samman will follow up with Liberty Shared and Freedom fund in the next quarter.
4 http://nnsmnepal.org/wp-content/uploads/2019/03/NNSM-E-bulletin-First-Edition.pdf 5 https://www.facebook.com/groups/189244668128216/ 6 https://www.facebook.com/search/top/?q=aatwin%20nepal
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Study on relationship between human trafficking and foreign labor migration
During this quarter, with technical support from Hamro Samman, NNSM finalized the methodology and engaged in data collection for its study aimed at understanding the relationship between human trafficking and foreign labor migration. NNSM analyzed 51 cases documented by its members, mostly involving contract violations, and forced and compulsory labor in the foreign labor migration process. The objective was to delineate distinctions and overlaps between labor migration issues and human trafficking cases; appraise the foreign labor recruitment process; identify where the greatest risks of human trafficking lie during the foreign labor migration process and identify factors that intensify the risk; and assess the adequacy of support mechanisms for distressed migrant workers and TIP survivors in Nepal. The study had a qualitative research design, though it also embedded mixed methods to collect data. The study used in-depth interviews and focus group discussions with complainants mentioned in 51 cases, and key informant interviews with case workers and representatives of the organizations that handled the cases as well as with representatives from stakeholders as MOWCSC, NHRC and DOFE. The researcher also reviewed the case documents and other literature.
A draft report of the study has been prepared. The preliminary findings indicate close ties between human trafficking and foreign labor migration in the cases examined. The report is expected to be finalized by end of next quarter.
SUB-OBJECTIVE 2.2: STRENGTHEN SURVIVOR ORGANIZATIONS AND NETWORKS TO LEAD ADVOCACY, OVERSIGHT, AND PARTICIPATION IN ANTI-TIP ACTIVITIES
Leadership for Change Training
On February 11, SAN was awarded a grant to contextualize and translate Winrock’s Leadership for Change training modules and deliver LfC training to approximately 60 human trafficking survivors and people at risk in Hamro Samman’s target districts. The contextualized manual is expected to be finalized next quarter.
SUB-OBJECTIVE 2.3: STRENGTHEN CSO MONITORING AND REPORTING ON POLICIES RELATED TO LABOR RECRUITMENT AND TIP PREVENTION, PROTECTION AND PROSECUTION
Sub-Awards to CeLLRd, LACC and PPR
In February, FWLD awarded sub-grants to Center for Legal Research and Research Development (CeLLRd), the Legal Aid and Consultancy Centre (LACC) and the Protection of People’s Rights (PPR) to implement a number of activities that will contribute to realization of this sub-objective. The legal consortium members prepared and submitted their workplan. They will train labor officials and begin implementing other activities in the coming quarter.
SUB-OBJECTIVE 2.4: BUILD CSO NETWORKS FOR EFFECTIVE ENGAGEMENT WITH GON AND PRIVATE SECTOR TO PREVENT, PROTECT AND PROSECUTE TIP
Development of joint policy positions by CSOs
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On January 7, Hamro Samman held a full day meeting with CSO partners to discuss the HTTCA analysis prepared by the project in the previous quarter, and to work towards the development of joint CSO recommendations to the GON and National Parliament on the HTTCA. The recommendations prepared by Hamro Samman were presented and discussed. Debate centered on where the burden of proof should sit under the HTTCA and whether an open trial was required. A consensus was reached between the CSO partners on the recommendations, and SAN agreed to prepare the joint paper.
On March 29, FWLD organized a consultation meeting with representatives from the NCCHT and national CTIP CSOs to create a platform to engage in advocacy as well as provide recommendations for necessary amendments to the HTTCA and its regulations. The meeting was attended by NCCHT members, including MOWCSC, Ministry of Home Affairs (MOHA), Office of Prime Minister (OPM), Office of Attorney General (OAG), Ministry of Law, Justice and Parliamentary Affairs (MOLJPA), the Anti-Human Trafficking Bureau, the NHRC, and 14 CSOs7 working against human trafficking. In total, 40 people (23 women) participated in the Representative from the NHRC comments on revisions to the HTTCA meeting. while representatives from MOWCSC and the Office of the Prime Minister listen. FWLD consultation on March 29 The recommendations presented by FWLD at the meeting generated intense discussion on the issue. Other issues raised during the discussion related to the rescue of the victims of trafficking, including the list of formalities and compliances that must be made to make a rescue as well as the passive responses of the government in making rescues. Similarly, discussions also centered around limited funding, resources and expertise in rehabilitation centers operated by CSOs with government funding. A representative from the National Women Commission pointed out that criminal groups could use both natural and man-made disasters as an opportunity to easily traffic women and children, citing the example from the earthquake of April 2015. She recommended that the policies be amended to also include provisions to counter situations of trafficking during disasters.
Likewise, participants also highlighted the need for special provisions to support trafficking victims who have a disability, and the need to include information on human trafficking and safeguarding methods in the school curriculum. The participants stressed the need for clear provisions in the law regarding inter-country rescue, because trafficking is often across borders. The representative from the Anti-Human Trafficking Bureau sought guidance and support from all GON and CSO participants to work together to fight TIP. The Under Secretary at MOWCSC assured participants
7 The CSOs included Rural Health and Education Service Trust (RHEST), Chori, Agroforestry, Basic Health and Cooperative Nepal (ABC Nepal), Biswas Nepal, CelRRd, PPR, LACC, Pourakhi Nepal, NNSM, Transcultural Psychosocial Organization Nepal (TPO Nepal), AATWIN, KI Nepal, SAN, and Youth for Social Transformation (YST) Nepal.
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that the Ministry would consider inclusion of the feasible recommendations in the amendment to the HTTCA.
The willingness of the MOWCSC to consider the recommendations from the participants is a key achievement from the meeting and indicates that the MOWCSC is open to engaging on the issue. Hamro Samman will continue engaging with MOWCSC and other NCCHT members to advocate for amendments to the HTTCA and its regulations that will bring them into compliance with the Palermo Protocol and other international legislation, as well as harmonize it with the federal structure and other legislations as the FEA. The joint policy paper will be revised to reflect some of the feedback from the participants in the meeting and will be finalized for formal submission to the GON next quarter. A report summarizing the meetings outcomes is attached in Annex 3.
Quarterly technical meetings of CSO hubs
On January 14, NNSM organized its quarterly technical coordination meeting. 14 people participated (3 women) representing a total of 10 out of the 19 network members. Nine of the participating members were from Kathmandu and one was from Sarlahi district participated. It is interesting to note that out of NNSM’s 19 members, 16 are from Kathmandu valley and the rest are from more remote districts. Two members from remote districts reportedly decided not to participate in the meeting due to longer travel, and a few members couldn’t participate due to conflicts or other Benu Maya Gurung, AATWIN Executive Director sharing organizational priorities. Hamro Samman will progress updates during quarterly technical meeting of work with NNSM to develop better strategies to AATWIN encourage the participation of its network members who are based further away – perhaps by combining events to make the travel more worthwhile.
Despite these complications, NNSM communicated the agenda to the members and asked for suggestions. At the meeting, members were briefed on new developments in GoN mechanisms offering permits for foreign labor (re-migration) and handling migrant workers’ complaints/grievances through the province level offices of MOLESS. Members discussed the challenges of addressing human trafficking in the absence of local and provincial CTIP structures, limited understanding on trafficking and migration issues among provincial and local government stakeholders, and the gaps in TIP data. Members also noted the need to expand NNSM membership at the provincial level to undertake more effective advocacy on issues of migrants’ rights, safe migration and countering human trafficking.
On February 8, AATWIN also organized its quarterly technical coordination meeting. Out of 40 network members, 24 CSOs were represented from Dailekh, Kavrepalanchok, Kanchanpur, Kathmandu, Lalitpur and Sindhupalchowk districts. Winrock monitored the activity and a representative from NBI was invited as a courtesy because they are a Hamro Samman partner. The meeting had a total of 34 participants (26 women). Some AATWIN members were not able to attend because of scheduling conflicts, but the meeting was still effective, with active engagement of the participating members in discussions focused on improving human trafficking
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data maintained by AATWIN and its members through digitalization with support from “effect.org.” Members also discussed the pathways for improving coordination between AATWIN’s member organizations and private sector to provide REFLECTIONS FROM better services to TIP survivors and at-risk individuals, NBI ON JUSTICE BASED entrepreneurial trainings and job placements services in particular. AATWIN shared updates on its activities over the APPROACH TRAINING previous quarter as well as a briefing on upcoming activities during the meeting. One of the upcoming activities is the 4th national survivor conference to be organized in September by Shakti Samuha, a network member of AATWIN. AATWIN will With NBI being a non- be the co-organizer for the conference. profit organization, the learnings from this Issue Based Advocacy on Foreign Labor Migration and TIP program will surely influence development of On March 8, AATWIN participated in a rally organized by projects in the future. I am MOWCSC to mark International Women’s Day. A total of 11 sure that, while participants (10 women), including staff and board members of implementing Hamro AATWIN, participated in the rally bearing placard messages Samman project’s urging ratification of Palermo Protocol to control human activities, I will ponder trafficking, dignified rehabilitation of the rescued victims, over the project’s plans punishment of the perpetrators of TIP crime and removal of the and activities with Justice- ban on migration to gulf countries as domestic workers. based approach, and will try to use this approach Strengthening of justice-based approaches to for upcoming project development. activities. Additionally, although such learning From February 26 to 28, project supported partners from NBI might not be directly and NNSM participated in the “Justice based approach to applicable to NBI development” training organized by United Edge. The training members, I feel that they content was designed to demonstrate a rights-based approach can stand to benefit from as a framework for designing and implementing projects. The this approach while objective of the training was to give the participants practical managing their ways to incorporate social justice-based approaches into their businesses and engaging programming. Reflections from NBI about the training are themselves to achieve captured in the side-bar. development goals. In this regard, NBI can OBJECTIVE 3: INCREASED PSPS TO SERVICE adopt some of the learnings to the business TIP SURVIVORS AND AT-RISK POPULATIONS community- specifically, we can incorporate them SUB-OBJECTIVE 3.1: IMPROVE THE QUALITY OF into NBI's future training EXISTING GON, CSO AND PRIVATE SECTOR programs to the business SERVICES AND RELATED REFERRAL SYSTEMS TO community.” ASSIST TIP SURVIVORS Program Manager, Update MOWCSC service directory for TIP survivors Monish Bajracharya, NBI
During the quarter, NBI completed the comprehensive mapping of private businesses with support from Hamro Samman in five
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of the project districts (Kailali, Banke, Rupandehi, Makwanpur and Kathmandu) to identify the potential service providers for trafficking survivors and people at-risk of being trafficked. Mapping in the remaining five project districts will be made in the second phase, which is planned in February 2020.
Medical assistance, legal assistance, financial assistance, training and/or placement, large employers, business support providers, hospitality, education, shelter and/or emergency shelter support were identified as the most relevant services for survivors and at-risk people through earlier engagement with Hamro Samman’s CSO partners. This information was incorporated into a service mapping framework, which was then used to originate a pool of potential PS service providers and their services. In Kathmandu, NBI contacted senior executives of business federations and NBI members (via phone/email) to generate the pool of potential private companies and their services, as detailed in the table below.
Senior executives of business federations and NBI members in Kathmandu contacted
Apex Bodies People Designation Private & Boarding Schools' Damodar Shrestha CEO Association of Nepal (PABSON) National Transportation Vijay Bahadur Swar Senior Vice President Entrepreneurs' Association of Nepal (NTEAN) Association of Private Health Mani Poudel Office Secretary Institutions of Nepal (APHIN) Federation of Nepalese Hansa Ram Pandey Director Chambers of Commerce & Industries Federation of Nepalese Chudamani Bhattarai Director Cottage & Small Scale Industries Hotel Association of Nepal Mr. Vinay Shah Secretary Federation of Women Ms. Basanti Pradhan Executive Member Entrepreneurs' Association of Nepal
For the other districts (Banke, Kailali, Makwanpur and Rupandehi), NBI identified resource persons who helped generate similar pools in those districts:
Resource persons in Banke, Kailali, Makwanpur, and Rupandehi districts
Districts Makwanpur Banke Rupandehi Kailali Focal Persons Bibek Ajay Sijapati Sanjay Gyawali Goma Adhikari Manandhar Designation CEO, CEO, Banke CEO, CEO, Kailali Makwanpur Chamber of Rupandehi Chamber of Chamber of Commerce Chamber of Commerce Commerce Commerce
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The individuals selected for each district were also selected in view of their potential to become points of contacts for any other project-related engagement with private sector in that district.
Finally, NBI reviewed the pool of mapped possible service providers and generated a database of relevant private sector providers in each district. 191 businesses have been identified through this mapping activity out of which, 54 companies are in Kathmandu, 11 in Makwanpur, 48 in Banke, 40 in Rupandehi and 38 in Kailali as shown in the table below.
Mapped potential service providers in each district by service category
Service Kathmandu Makwanpur Banke Rupandehi Kailali Total Category
Education 25 12 6 10 53
Health 10 2 4 3 5 24
Transportation 2 4 5 3 14
Hotel & 4 1 18 10 7 40 Tourism
Corporate 6 8 10 10 5 39 Houses
Legal Services 2 - - 2 5 9
Training 5 - - 4 3 12 Institutes
Total 54 11 48 40 38 191
One of the lessons learnt though this activity was that private businesses are already contributing to various social causes, although none expressed specific contributions for TIP survivors. Next quarter, NBI will support the local resource person identified to organize learning and co-creation workshops in the four districts (i.e. excluding Kathmandu) with 15-25 high-potential businesses selected from the above-mentioned pool as well as the key representatives from local government and civil society. The workshop is expected to i) orient the businesses on TIP and Hamro Samman, and ii) solicit support and partnership possibly with signed letters of intent or commitment to be included in the national (and/or local) referral systems. Hamro Samman will also explore partnership some of the private businesses to develop a dynamic digital platform that is easily accessible to the target group, which will include abovementioned services as well as services from the government and CSOs.
On February 4, discussions were initiated during a meeting with joint secretary of MOWCSC for update of the directory of services maintained by the Ministry with inclusion of private sector service providers as well as to develop a guideline for establishment of referral networks and mechanisms for referral.
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Improve quality of shelter services
The program descriptions for anticipated shelter grants to the five shortlisted shelters were revised during this quarter. On March 1, Hamro Samman met with representatives from the shelters including those who will be focal points for the shelter grants on the activities proposed by Hamro Samman, such as application of Liberty Shared’s victim case management system platform for managing all of their case data, reformation of shelter committee and orientation of all shelter committee members and staff on National Minimum Standards (NMS) for the care of trafficking survivors, Standard Operating Procedures (SOPs) for shelter operation, referral of survivors to Hamro Samman for leadership for change trainings, legal aid services, training and placement services, and referral opportunities to other services. All the shelters agreed on the proposed activities and have submitted revised cost estimates, and grant agreements are being developed. The shelter grants are expected to be awarded next quarter to Shakti, AMKAS and PNCC in Province 3, Saathi in Province 5 and Maiti Nepal in Province 7.
Likewise, discussions have been held with Liberty Shared for customization of their platform to the needs of Nepalese CSOs. An agreement will Liberty Shared to design and provide the platform services as well as train the platform users at partner shelter/CSOs will be made once the shelter grants are awarded.
Support rescue of and emergency relief to presumed TIP survivors
During this quarter, Hamro Samman provided emergency relief and services to 32 men (5 dalit, 19 janajati, 7 brahmin/chhetri, 1 other) through PNCC and to 15 women (9 Dalit, 5 janajati, 1 brahmin/chhetri) through AMKAS. Among the survivors that received services from PNCC shelter, 5 were between ages 20-24 years, 10 were between ages 25-30 years and the rest were above 30 years. The analysis of literacy status of the male survivors who received services from PNCC shelter also showed that 20 out of the 32 had not completed 10th grade although none were illiterate. Also, the 32 rescued men were from 12 districts: Bardiya, Chitwan, Dhading, Gorkha, Jhapa, Lamjung, Morang, Nuwakot, Parsa, Rukum, Sankhusahba, and Sunsari. Similarly, among the survivors that received services from AMKAS shelter, 11 were re-migrating while 4 were on their first trip; 7 were married, 6 were separated and 2 were unmarried; and 4 were between ages 20-24 years, 3 were between ages 25-30 years and the rest were above 30 years. The analysis of literacy status of the female survivors who received services from AMKAS shelter also showed that 5 were illiterate and 14 out of the 15 had not completed 10th grade. The 15 rescued women were from 12 districts: Nawalparasi, Sindhuli, Banke, Sarlahi, Kaski, Baglung, Lamjung, Jhapa, Illam, Kavrepalanchow, Makwanpur and Bara.
SUB-OBJECTIVE 3.2: REDUCE LEGAL BARRIERS THROUGH GON, CSO, AND PSPS FOR SURVIVORS TO ACCESS JUSTICE AND INCREASE PROSECUTION
Award sub-grants to legal partners and legal assistance provided
In February, sub-grants were awarded by FWLD to LACC, CeLLRd and PPR to engage in activities that will help reduce legal barriers for survivors to access justice. On March 26, Hamro Samman partner PPR represented a trafficking survivor at a trial in Kathmandu District Court. The trial concerned a case involving kidney trafficking. The first informational report8 was filed in Kathmandu on December 23, 2016. PPR filed a pleading note with the Court on behalf of the
8 This is the complaint that is required to be filed by a victim with the Police in order to begin police investigation.
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victim in or around February this quarter in which they requested compensation under section 17 of HTTCA and punishment under section 15(1)(c). At the trial on March 26, one accused was convicted of trafficking for the purpose of organ removal under Art. 4(1)(c) of the HTTCA and sentenced to 11 years imprisonment. The Court also made an order for compensation in the amount of NPR 200,000 payable to the victim out of a possible range of NPR 200,000 to NPR 500,000 and fined him NPR. 225,000. The second suspect was acquitted. It is unknown whether an appeal will be lodged against these verdicts. PPR will continue to monitor the case and support the victim to execute the judgment and realize the compensation awarded. A case study analyzing the outcomes of the trial will be prepared and distributed next quarter. This decision is the first time that the Courts have convicted someone for organ trafficking as human trafficking in Nepal.
SUB-OBJECTIVE 3.3: RAISE PUBLIC AWARENESS AND FOSTER SAFE MIGRATION VIA GON, CSO AND PS PARTNERS
Responsible Recruitment of Foreign Employment Workers
During this quarter, NBI continued engagement with NAFEA to sensitize, encourage and enable adoption of responsible recruitment practices that would enable safe migration for Nepali workers, thereby protecting migrant workers and reducing the risk of being trafficked.
As a follow up to the learning event ‘Towards Responsible Recruitment’ held in November, Hamro Samman supported NBI to draft a tentative action plan that proposes activities promoting more responsible recruitment with NAFEA and its members during 2019-2020. On January 23, the PSE Specialist and NBI Program Manager met with the leadership team of NAFEA to review and build consensus on this plan. The NAFEA team was represented by the Executive Member, General Secretary and Vice President. The key action points identified during the meeting were:
1. Follow-up meeting to be organized with NAFEA President and other representatives in early April to review and build consensus on the action plan for collaboration with NBI on the responsible recruitment agenda.
2. Organize a co-creation workshop in early May with select NAFEA members to collect wider input, build consensus, and seek formal commitment on the Responsible Recruitment Action Plan for 2019-2020. The workshop is expected to be followed by a formal signing ceremony through a letter of agreement/MOU between NBI and NAFEA.
3. Conduct training to NAFEA members on responsible recruitment, responsible business management, and CTIP practices.
4. Promote responsible business practices among NAFEA members, either through development of Standard Operating Procedures (SOPs) incorporating responsible recruitment practices, or through revision of NAFEA’s Code of Conduct to encourage transparency, efficiency, and responsible practices in operations. For instance, this could include strengthening the pre-departure checklist for NAFEA members to use while interacting with the Nepalis who are seeking employment.
5. Unveil NAFEA’s new SOP or updated Code of Conduct through a learning and collaboration event with the GON and the civil society.
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6. Invite NAFEA representative to join the Responsible Business Alliance Nepal and explore the potential of a collective skill building and job creation model. NAFEA members can also be a source of trainees and provide referrals of unskilled aspiring migrant workers to training institutions/trainers for short-term skilling ahead of their departure.
On January 28, Hamro Samman’s PSE Specialist and Strategic Partnerships Advisor also met with Neha Choudhary, National Project Coordinator, Integrated Programme on Fair Recruitment at ILO, to share this plan and seek her inputs. Possible collaborative areas such as leveraging ILO’s expertise and resources in training select NAFEA members on responsible recruitment, as well as their providing technical assistance in SOP development were discussed.
Research on Models of Responsible Recruitment
During this quarter, Hamro Samman received a group of students from John Hopkins University School of Advanced International Studies (SAIS). The group conducted research exploring the USAID Cambodia CTIP project’s Bong Pheak recruitment model, which connects low-skilled workers with job opportunities within Cambodia, and visited Nepal to assess the possibility of adapting the model to the Nepali context. The researchers also examined best practices and the possibility of improving and expanding current models in Nepal, such as the employment information services model of Rojgari Services P. Ltd., to increase opportunities for job aspirants with limited skills (TIP survivors and at-risk people) to suitable training and employment opportunities in Nepal. This was coordinated with the USAID Asia CTIP project and Cambodia CTIP project.
The four-member research team conducted desk reviews and key informant interviews in Kathmandu to identify local and regional best practices on responsible recruitment. The team reviewed the business models of Bong Pheak, FSI Worldwide and Rojgari Services and conducted interviews with several key persons from the private sector (including Rojgari Services P. Ltd., recruitment companies and NAFEA), CSOs (including NNSM, AMKAS), and international agencies (including ILO). Their research was assisted by an intern seconded to the project by USAID as well as by the Hamro Samman M&E Specialist and PSE Specialist, who conducted focus group discussions with aspiring job seekers, migrant returnees (men and women), and jobholders to assess their access to domestic skill and job opportunities.
The preliminary findings from the SAIS study showed that FSI Worldwide was recruiting for foreign employment utilizing an “employer pays” model, but were challenged with limited awareness among the migrant workers about its services as well as the “costs of no show”, where a contracted migrant worker does not show up for employment or breaks the contract (causing FSI Worldwide to pay high penalties for breach of contract). The preliminary findings also show that elements of Bong Pheak can be incorporated into the business models of Rojgari Services, which provides services matching unskilled and low skilled employees to local employers in Nepal. With Rojgari, word of mouth was still the major means of sharing information about employment opportunities among the workers. The team proposed a hybrid mode for Rojgari Services utilizing its online services to share about its services to larger audiences of potential employees and then utilizing its brick and mortar pasal9 model to provide face-to-face, more personalized support to the potential employees. The team suggests sharing information through the Rojgari Services website using Nepali language in addition to the English language that is currently used and to
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include audio-visual interface that can be easily accessed by potential employees who may not be literate. Sharing of information through social media (such as Facebook) was also recommended, along with a CV creator tool and coaching/mentoring on job interviews and professional performance expectations. The SAIS team is expected to submit a draft report to Winrock early next quarter, and the research report should be finalized by May.
SUB-OBJECTIVE 3.4: GENERATE INNOVATIVE SOLUTIONS USING PRIVATE SECTOR FUNDING TO SUPPORT AT-RISK PEOPLE AND TRAFFICKING SURVIVORS
Establish CTIP Business Alliance (Responsible Business Alliance Nepal)
Despite the slow-down effect that the US government shut down had on program activities, much headway was made during this quarter towards the establishment of the Responsible Business Alliance Nepal. The draft concept and the terms of reference along with the Alliance’s 2019 action plan of key activities have been finalized and the Hamro Samman team also reached out and met with several potential Alliance members noted in the table below.
List of Potential Alliance Members Met
Name Position Organization 1 Padma Jyoti President Jyoti Group 2 Kush Kumar Joshi Managing Director NEEK Transformers 3 Rajan Sakya/ Trisa Sakya CEO KGH Group of Hotels 4 Sramanendra Shrestha/ Director Advantage Group Pvt. Ltd. Arvindra Ranjit 5 Basanti Pradhan Executive Member Federation of Women Entrepreneurs Association of Nepal (FWEAN) 6 Khem Raj Lakai Founder / CEO Global Academy of Tourism and Hospitality Education Pvt. Ltd. 7 Rohan Gurung/ President NAFEA Tej Maya Limbu 8 Shailendra Raj Giri Managing Director Merojob.com / Rojgari Services Pvt. Ltd. 9 Juna Mathema / Managing Director and Co- Blitz Media Pvt. Ltd. / Nivita Pradhan / Founder Nepalese Young Upasana Shrestha Enterepreneurs Forum (NYEF) 10 Abhinav Singhania CEO Sukalpa, Vishal Group 11 Dije Shrestha Executive Director Inter Continental Trading Concern (ICTC) Group 12 Sulochana Shrestha- Founding President UN Global Compact Nepal Shah 13 Dr. Hemanta Dawadi CEO Non Resident Nepali Association 14 Milu Thapa Representative Women’s Creations
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Accordingly, the first learning and co-creation workshop bringing together potential Alliance members is planned for April.
Partner with training and placement providers (TPP)
During this quarter, the project team prepared a request for applications (RFA) seeking up to five partners to provide market-aligned skills training and job placement program targeting trafficking survivors and people at considerable risk of being trafficked. The initiative is designed to provide a combination of short-term employer-driven training (on-the job, apprenticeships, etc.) and trainer-led trainings, followed through with a placement. The initiative will also provide periodic life skills training and psychological counseling as a part of the training to ensure equal opportunity for most vulnerable people, and to onboard progressive employers after they are sensitized to improve work conditions and provide ongoing support to our target group. Likewise, the shelters, survivor network and CSO partners of Hamro Samman will be supporting the TPP partner(s) to identify interested TIP survivors and at-risk people for the trainings and placements. The RFA will be advertised early next quarter.
Innovative Solutions to Counter Human Trafficking (Innovation Challenge)
The Hamro Samman Innovation Challenge is designed to call on innovators and problem-solvers from the private sector and the civil society in Nepal. It is targeted to generate new or adapted market-driven and ICT-enabled solutions that address the risks faced by trafficking survivors and people at-risk. In particular, solutions around following outcomes are sought:
• Improved access to safe and viable skill-building and job opportunities in targeted sectors/industries that have employment growth potential; • Independent feedback mechanisms for migrant workers that help to hold accountable the recruitment companies and businesses in the adult entertainment industry; and • Strengthened information solutions to raise awareness, share information with people at risk of trafficking, and influence behaviors of key players to reduce vulnerability to trafficking.
The Innovation Challenge will provide co-creation and mentoring support for up to six finalists to engage with various market leaders–entrepreneurs , tech experts, finance institutions, NGOs, our end-users/target group, etc.–in order to facilitate development, market application, and deployment of the tech-based innovations. It will provide result-based grant funds to support piloting and/or scale-up of the proposed solutions for up to three winners.
Throughout this quarter, the PSE team met with several potential contenders for the Innovation Challenge, including F1Soft Group (online payments company who was involved in a project where it uses its network to support aspiring migrant workers to connect to recruitment agencies); Rojgari Services Pvt. Ltd. (employment information service provider targeting semi and unskilled workers); and Sunaulo Yatra Project at The Asia Foundation (involved in development of the Shuvayatra App which collaborates with various partners to generate vital information targeted to migrant workers and returnees). The team also met with potential partners to co-organize and co- fund the Challenge events and/or provide mentoring (business, technical, financial) to the finalists. Some of the potential partners identified included US-based Fusemachines Inc., Ncell, SAFAL- Partners, Business Oxygen Pvt. Ltd., and Nepal Youth Entrepreneur Forum.
Partnership with Chaudhary Group
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Throughout this quarter, consultations were ongoing with the Chaudhary Group (CG) to enter into a MOU aimed at driving and elevating CG’s engagement in CTIP, to act as a model in demonstrating private sector leadership in CTIP catalyzing greater private sector engagement. The proposed MOU outlines three major streams of activities: collaboration around skill-building and job creation, support to Hamro Samman’s multi-year TIP awareness campaign (on a theme yet to-be determined), and business support to strengthen micro- and small to medium enterprises. An action plan will be developed based on these three areas of collaboration and implementation will commence once the MOU is signed. Delays as already described under the Responsible Business Alliance meant that MOU could not be signed within this quarter. GENDER EQUALITY AND SOCIAL INCLUSION
GESI has been included as a cross-cutting theme in each of the project interventions incorporating recommendations from a draft GESI assessment the project prepared last quarter. During this quarter, the draft assessment was further refined by an intern supporting the project. It is expected to be finalized next quarter after incorporating recommendations received. GESI considerations have also been incorporated in the MEL plan and reporting requirements and will be incorporated in all research, policy and other documents to be developed by Hamro Samman.
On February 5, the COP presented to the International Development Group Partners sub-working group on GESI. The presentation highlighted Hamro Samman’s work on counter-human trafficking also highlighted the specific needs of male trafficking survivors and people at risk of being trafficked. The meeting was chaired by the European Union Ambassador.
On February 18, NNSM submitted a letter to MOLESS demanding ratification of ILO convention 189 and lifting of ban on women who want to go for foreign domestic worker.
During this quarter, Hamro Samman provided emergency relief and services to 32 men (5 Dalit, 19 Janajati, 7 Brahmin/Chhetri, 1 other) through PNCC and to 15 women (9 Dalit, 5 Janajati, 1 Brahmin/Chhetri) through AMKAS out of the 179 people (147 women and 32 men) rescued from Manipur India. Among the survivors that received support from Hamro Samman, 9 were between ages 20-24 years, 13 were between ages 25-30 years, 11 were between the ages of 30-35 years, 9 were between the ages of 35-40 and 5 were between the ages of 40-45 years. MONITORING AND EVALUATION
An update of the Project’s progress against its performance indicators can be found in the Performance Indicator Tracking Table attached as Annex 4.
Orientation on Monitoring, Evaluation and Learning (MEL) plan
On January 24, Winrock International provided the project staffs of legal consortium comprising of FWLD, PPR, CeLRRD, and LACC with orientation on the monitoring, documentation, data quality assurance, and reporting requirements of Hamro Samman along with the orientation on the financial management and compliance requirements. Similarly, on February 21, Winrock International oriented the project staffs of SAN on the monitoring, documentation, data quality assurance, and reporting requirements of Hamro Samman along with the financial management and compliance requirements. All the templates for recording of data, documentation and reporting as per requirements were also discussed and shared during the orientations. A follow-
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up to the orientation to provide additional orientation for the participants on indicator reporting, data quality assessment (DQA) and reporting in DevResults has been planned for the next quarter for all CSO partners.
Monitoring of Sub-Awards
Throughout this quarter, Hamro Samman monitored several activities done by the project’s sub- grantees, some of which included quarterly technical meetings of AATWIN and NNSM, consultation meeting with NCCHT members organized by FWLD, and consultation meeting organized by NHRC with journalists for preparation of TIP report.
The civil society engagement and capacity building specialist had supported AATWIN and NNSM in preparing quality documents for the quarterly technical meetings including terms of reference, banner, agenda and presentations. Similarly, inputs were also provided in organizational strategic plan of AATWIN and NNSM that is being finalized. Joint discussions were also facilitated among the CSO partners for more collaboration and joint action/advocacy. Regular monitoring and mentoring of staff at AATWIN and NNSM was also provided (at least once a week in person and several times a week via phone and email). Similarly, the private sector engagement specialist closely monitored NBI’s activities and provided support on a regular basis (at least once a week in person and several times a week via phone and email). The Project monitored the timely submission of periodic financial and program narrative reports and provided timely feedback to ensure quality and verify documentation submitted. Likewise, support in planning, implementation and reporting of project activities was also provided to SAN and legal consortium partners by law and governance manager with constant monitoring, follow up and mentoring support to project staffs at the partner.
Internal team meeting
On March 26, a day long internal review meeting was organized by Hamro Samman for its staff members to exchange updates about project activities conducted over the quarter, share challenges faced and lessons learnt, and build strategies for going forward. The meeting explored strategies for speeding up project activities and delivering committed results. The meeting also focused on division of roles and the details of the quarterly partner review and planning meeting on March 27 and March 28.
Review and planning meeting
From March 27-28, Hamro Samman held a two-day quarterly review and planning meeting with its partners. The objectives were to review progress on activities planned, share experiences and learning amongst partners, and prepare the work plan for the next quarter. The meeting was attended by Hamro Samman staff members as well as the projects CSO partners including AATWIN, CeLRRD, FWLD, LACC, NBI, NNSM, PPR, and SAN.
The first day of the meeting focused on sharing learning. NNSM presented migrants’ rights issues and the nexus between foreign labor migration and human trafficking. AATWIN presented about the current status and process of ratification of Palermo Protocol, including a summary of advocacy initiatives from different CSOs for its ratification. The legal consortium presented on the legal framework for prosecution of TIP cases under the HTTCA, including noting challenges prosecutors and victims face to obtain justice. NBI presented about its upcoming “Responsible Business Summit” and the possible ways for Hamro Samman’s CSO partners to engage and
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collaborate. New partner SAN also presented on their upcoming activities, including province level orientation to local governments, formation of CCHTs and training of its members, leadership for change trainings, and technical support on CSO advocacy planning along with the discussion on the key areas SAN could support the CSOs. Possible ways and areas for the CSO partners to collaborate were also discussed.
A presentation on the strategic directive and overall status of the project was led by the COP, with the DCOP leading a discussion on lessons learnt from the recent case of rescue of 179 Nepalese from Manipur, India and how to engage in more effective advocacy. Resource speaker, Ms. Bijaya Rai, Executive Director of AMKAS shared her organization’s experience supporting the 179 rescued Nepalis and highlighted AMKAS work being done to support vulnerable women migrants.
The second day, Winrock International provided orientation on financial management, compliance, branding and marking and reporting requirements for the partners and a review of progress on activities and indicators planned in the quarter against activities realized. The remaining sessions of the day focused on detailed planning for next quarter and building of consensus on collaboration among partners for more effective implementation. At the end of the meeting, the participants shared the feedback including the recommendation to invite outside stakeholders to the technical sharing sessions in the future meetings (particularly government) as it would allow the participants not just to gain more learning but also form better connection for collaboration and coordination. The CSO partners also suggested inviting members of their executive committee to the review meetings because it would contribute to greater ownership of project initiatives by the CSOs and thus, sustainability of project initiatives. COMMUNICATIONS
USAID/Nepal Democracy and Governance Office published information updates about Hamro Samman project activities in their spring and winter 2019 e-newsletter. The updates included submission of a petition by CSO partners to MOHA for ratification of Palermo Protocol, Nepal shadow report recommendations included in CEDAW committee report, and responsible recruitment updates—bringing together key influencers to reduce risks of human trafficking in foreign labor migration.
The Hamro Samman Project contributed to the Asia CTIP newsletter published in March 2019. It features stories focusing on responsible recruitment and Palermo Protocol ratification. https://mailchi.mp/f18155b241de/usaid-asia-ctip-regional-newsletter-528583?e=b3fb958d78 FINANCIAL PERFORMANCE
Line Items Current Total Actual Variance Amount Approved Projected Expenditures Remaining Budget Expenditure up to through Q1 December FY19 31, 2018
(B-C) (A-C) A B C D E Salary, Fringe and Allowances $2,948,183 $1,018,016 $1,011,841 $6,175 $1,936,342
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Travel $121,562 $71,191 $70,744 $447 $50,818 Procurement $78,056 $40,651 $39,884 $767 $38,172 Other Direct Costs $478,230 $131,507 $132,248 -$741 $345,982 Contractual $2,267,663 $332,020 $293,649 $38,371 $1,974,014 Indirect $2,106,306 $650,127 $659,235 -$9,108 $1,447,071 TOTAL COSTS $8,000,000 $2,243,512 $2,207,600 $35,912 $5,792,400
This quarter, the Hamro Samman program spent close to its projected expenditures on all but one line. The major variance was lower-than-anticipated spending on the Contractual line, due to the delay in awarding grants to shelters. The challenges faced related to this variance are outlined below in the Challenges and Mitigation section (pg 36).
During this quarter, Hamro Samman continued to make progress towards its leverage target, leveraging USD 9,220. The Project hosted a self-funded intern who supported M&E, development of the shelter grants and finalization of the GESI assessment. As of the end of this quarter, Hamro Samman’s leverage to date totaled USD 44,167. It is expected that the Project’s leverage will significantly increase when private sector partners come onboard in the forthcoming quarters. CHALLENGES AND MITIGATION MEASURES
The turnover of officials in GoN
One challenge faced by the project is the sudden transfer of senior and mid-level government officials in partner Ministries with the new officials directing changes to priorities. This has resulted in slowing down execution of activities. Winrock has attempted to mitigate this setback by holding an initial courtesy meeting to update new officials on the discussions with previous officials and to learn about any priorities the new officials may have, and then engaging in informal and formal follow-up to try to move the Project’s agenda forward.
USG partial shutdown
Another challenge faced by the project was the USG partial shutdown. On December 28 all USAID projects received a directive from the Agreement Officer requesting that the projects “…refrain from or forestall any planned obligations that would appreciably accelerate the rate at which your organization spends its award funds …”. Because of the limited funds available in the Hamro Samman pipeline, the Project was specifically advised to be conservative in spending and not to accelerate spending under after the partial shutdown was resolved. The partial shutdown was finally resolved on or about February 15. This resulted in significant delays in implementing project activities and the ripple effects from the shutdown were still being felt at the end of the quarter.
As a direct result the Project postponed several actions that meant Project activities were delayed. Specifically, the Project delayed recruitment. Vacancies advertised and interviewed for in December were not filled. Recruitment for the Partnerships and Communication Coordinator, CTIP Policy and Advocacy Manager and Grants and Contracts Coordinator was put on hold. After the shutdown, when the Project was ready to move forward, only the Grants and Contracts Coordinator position could be filled (not until March 15 – see discussion of impact of this on shelter
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grants directly below). The candidates still available for the remaining two positions were not suitable, necessitating the time and expense of new recruitment. It will be prioritized next quarter.
After receiving guidance from USAID, the Project contacted all its sub-grantees and advised them to postpone activities that would cause an increase in expenditure. As a result, activities that were already significantly underway in terms of planning and coordination were postponed. Notably AATWIN postponed its training of trainers or its members on human rights-based approaches to CTIP to next quarter. NNSM also postponed its planned members’ training on project management until next quarter and delayed recruiting for a key position that had been vacated.
One of NBI’s major grant activities includes the creation of the Responsible Business Alliance Nepal — a strategic alliance of businesses and professionals, with the purpose of jointly taking action to advance goals that serve both business development and social objectives. The Alliance-related activities (launch and first strategic co-creation workshop with Alliance members) were initially planned to begin in mid-January. However, the event was had to be postponed until next quarter after receiving direction from USAID to postpone major events during the partial US government shutdown. The Innovation Challenge was also planned to be launched in mid- January 2019; however, it was also postponed due to shut down.
These unexpected delays meant that the time and effort that had already gone into coordinating the events, will need to be repeated to move forward next quarter. In order to mitigate the impact of the shutdown, Hamro Samman and its partners utilized this period to prepare for project activities so that implementation would be faster after the shutdown was resolved.
The shutdown also caused the Project to delay awarding sub-grants. A grant was awarded to FWLD in December to establish a legal consortium that provides technical support to the project’s partners, but the Project advised FWLD to hold off on awarding its sub-grants to CeLLRd, LACC and PPR until after the shut-down. The sub-awards were ultimately awarded in mid-February and the remaining month of the quarter was spent preparing and approving workplans for the sub- grantees. This meant that legal activities planned for this quarter were delayed until next quarter however the quarter was used for planning and despite the delay, the legal consortium members were still able to jointly participate in some low-cost activities this quarter.
A key award to SAN was also initially delayed because of the shutdown. However, after careful consideration, Winrock submitted a formal request to USAID to approve the grant despite the shutdown, because it represented foundational activities that were critical to the ongoing success of the Project. The grant was awarded in January despite the shutdown, and SAN was requested to focus its time and resources on preparing the technical materials that will be used to support the roll out of key sub-national activities next quarter. It was decided that this would help to reduce the ripple effects of the shutdown on the overall success of the project.
Hamro Samman used this relatively quiet period to prepare draft requests for applications and expressions of interest so that after the shutdown was resolved it would be able to move forward quickly with the grants process for new project partners.
Shelter Grants
The Project issued an RFA for potential shelter partners in FY18 Q4 and FY19 Q1. Unfortunately, delays in awarding these grants have continued throughout this quarter. Hamro Samman is
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working to resolve the challenges and is examining its process and protocols to increase the speed at which grants are awarded in the future. The greatest challenge is that under the current process, the grants are expected to address capacity gaps in the shelters, so they required detailed capacity assessments to be completed before award to ensure the activities address the gaps. Because the applicants are located three different provinces, the capacity assessment took place over several weeks and was not completed until November. The resignation in November of the Hamro Samman GESI Specialist, who was leading this process, to pursue an international career opportunity further delayed the process. The delay in recruiting a Grants and Contracts Coordinator (because of the USG shutdown described above) who could focus on moving the grants ahead also slowed the process. It is expected that with the recruitment of a dedicated Grants and Contracts Coordinator in March, the administrative side of the grants process will speed up.
Another challenge impacting the timing of the process is the low capacity of potential awardees. They have limited capacity to develop strong program descriptions and budgets in the USG format that meet the USG requirements. The development of the program descriptions and budgets has required significant discussion and support from the Hamro Samman team. This is consistent with observations from earlier grant processes as well. As a result, Winrock is looking at simplifying its grant-making process and including the option of a co-design process for the program description and budget, allowing CSOs with lower capacity to be more competitive and helping Winrock ensure that grant design is better aligned with both the project’s and the grantee’s priorities. The Project’s grants manual will be revised to reflect these learnings and changes next quarter.
Delay in award of DFID modification
In agreement with USAID, the Project’s FY19 workplan integrates the activities that will become possible once the DFID expansion is formalized. The FY19 workplan was approved on the condition that Hamro Samman not proceed with the DFID-funded activities until the award is formalized. At the time the FY19 workplan was written, it was expected that the DFID expansion would be awarded before the end of FY19 Q1. However, USAID did not invite Winrock to submit a formal application until February, hampering the Project’s ability to move forward effectively with project implementation. The activities under the proposed expansion have been agreed to in principle between USAID, DFID and Winrock; however, Winrock has not be permitted to implement them. This has had some negative impacts, particularly in the Project’s ability to implement in the target geographies. Under the original Cooperative Agreement, 12 target districts were identified; the proposed DFID expansion will see this reduced to 10 districts, with only 8 overlapping. This has been difficult to navigate because Winrock did not want to raise expectations in the 4 districts that will no longer be a target by engaging in roll-out, but Winrock was also unable to officially change the target districts to the 10 that will be prioritized with the DFID expansion. Winrock has tried to manage this challenge by only focusing on the 8 districts that overlap, but it has been a difficult process to manage, particularly while developing and awarded sub-grants to local CSO partners. These subgrants will all require significant revisions, which will cause delays and require additional human resource expenditures.
Additionally, responding to the opportunities and challenges that federalism creates, Winrock has proposed to change its mode of implementation to focus not on supporting the NCCHT and district CCHTs, but rather on supporting the NCCHT, three provincial CCHTs, and 36 local CCHTs. However, this change in the project’s approach will not be formalized until the DFID expansion is finalized, which has made it difficult for the Project to roll out its activities at the sub-national level.
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Hamro Samman’s new sub-national approach requires the DFID expansion to be formalized that Winrock has been operating in a state of uncertainty, trying to balance engaging with local authorities and getting traction, with the requirement to wait for the new approach to be formalized in the Cooperative Agreement before making promises and rolling out activities. This will have significant impact on the Project’s first two years of progress at the sub-national level. The Project implements predominantly through sub-awards which often take a significant period of time to strategically negotiate. The scope of the sub-award needs to be designed assuming the additional DFID resources. However, as Winrock was precluded from spending on activities that are not yet approved in the anticipated modification, many of the sub-awards were delayed which would in turn delay the delivery of the activities to be made under the sub-award.
CG MOU
In January, we were informed by CG that the Managing Director was ready to proceed with formal endorsement of the MOU. However, upon informing USAID, the project was advised that USAID’s approach to private sector MOUs has changed and that USAID now needs to be signatory on the MOU, along with Winrock and CG. As a result, the MOU previously prepared and agreed between CG and Winrock, and approved by USAID in July 2018, needs to be revised in consultation with the US government legal advisor. Winrock has informed CG that there will be a delay in moving forward with signature however this delay is impacting on the momentum that the project had built with CG and could impact on future willingness to enter into an agreement. The PS team is doing their best to explain the delay and manage the relationship and timing expectations. Winrock as of the end of this quarter had requested but not yet received formal written feedback on the changes required to the MOU from USAID.
Unwillingness of GON to engage with internationals in preliminary discussion
Although the Project’s relationship with the GON is strong, during this quarter the Project continued to encounter some challenges in working with the GON. During formal and informal conversations with Hamro Samman staff members, government officials (including those at the joint secretary level) expressed their discomfort in engaging in open discussions about the Project, preparation for its activities and GON’s priorities in meetings attended by foreign- nationals and donor representatives. It is reported by some project CSO partners (though not confirmed) that a GON directive requires senior government officials to obtain written consent from the Office of the Prime Minister before meeting with representatives from donor agencies or foreign nationals who are staff of international and national NGOs. To temporarily adjust to these reported concerns and to keep the Project’s activities moving forward, towards the end of the quarter the DCOP took the lead on attending preparatory meetings with the GON, particularly the MOWCSC. To identify the best way forward, the COP will consult with USAID and other international COPs on USAID projects to see whether they are experiencing similar feedback and decide on the appropriate course of action, including whether Project protocols need to be adjusted. OPERATIONS, MANAGEMENT AND COORDINATION
Security Review
During the week of February 18 to 26, Tobias Friedl, Director of Global Security at Winrock International visited Nepal to conduct a security assessment of Winrock’s offices. He also provided an orientation to all Hamro Samman staff members on safety and security protocols,
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reviewed Hamro Samman’s safety and security protocols, and shared recommendations to improve safety and security management at the project office.
Staffing
Several vacancies for Hamro Samman were advertised last quarter, including Grants Coordinator, Partnerships and Communications Coordinator, Policy and Advocacy Manager and Field Coordinators. A preferred Grants and Contracts Coordinator was identified, but due to the partial US government shutdown, all recruitment efforts were put on hold by the project until the US budget was passed on February 15. Ultimately, the Grants and Contracts Coordinator joined the project as the Grants and Contracts Coordinator on March 15.
After the shutdown ended, interviews were held for the Policy and Advocacy Manager position, and interviews with additional candidates were held for the Partnerships and Communications Coordinator position. Unfortunately, no suitable candidates were identified. The Partnerships and Communications Coordinator role was re-advertised, but as of the end of the quarter, no suitable candidates had been identified. Interviews for the field coordinator will take place next quarter after the DFID expansion is confirmed.
Staff development
During this quarter, the USAID MEL Activity, implemented by Camris, provided training and orientation to the Hamro Samman M&E Specialist. On January 2, the M&E Specialist participated in a training on the Unified Data Platform, and on February 26 to 27, she participated in a training on evaluation research methods.
From February 26-28, the Civil Engagement and Capacity Specialist and Subnational Governance Coordinator participated in a “Justice-based approach to development” training organized by United Edge. The training content was designed to identify practical ways to incorporate a rights-based approach as a framework for designing and implementing projects.
Similarly, on March 25-27, the Finance and Administration Manager participated in the Humentum training on USAID Rules and Regulations in Bangkok. The training helps participants gain a detailed understanding of compliance requirements and how to apply them in their daily work.
Coordination with USAID and USG
Throughout the quarter, Winrock maintained close and regular contact with USAID through emails and formal meetings. The following table is a summary of the key meetings. The table below lists the key meetings held while the monthly DG meetings in January and February were postponed because of the US government shutdown.
Coordination meetings between USAID and USG
Date Meeting Participants January 8 USAID DG Partners Meeting COP, DCOP, AOR, AO Meeting with Agreement Officer (AO) to discuss DFID expansion January 9 Meeting with USAID to discuss work permit COP, DCOP, AOR, USAID compliance staff
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January 10 Meeting with USG ICITAP and OPTED to COP, DCOP, LG Manager, head of discuss collaboration on an integrated data ICITAP, head of OPTED platform for Nepal Police January 23 Meeting with OPTED to discuss COP collaboration around joint training of police and prosecutors on CTIP January 24 US government coordinated meeting with COP, DCOP, AOR, Director DG Unit the Nepal Police Anti-TIP Bureau to ICITAP, OPTED, Nepal police and discuss collaboration others, February 5 Presentation to IDGP GESI Meeting AOR, USAID, EU Ambassador, international donors February Meeting with DFID to clarify anticipated AOR, COP, 15 requirements March 12 USAID DG Partners Meeting COP March 18 Meeting with USAID Department of Labor COP representative, Marina Colby to discuss lessons learned from evaluation of ILO Bridge Project and CTIP
There was frequent and regular daily email and telephone contact and discussion between the AOR and the COP/DCOP throughout the quarter.
Coordination with Asia CTIP project and other USAID funded CTIP projects
Hamro Samman has been coordinating through email and Skype with the USAID Asia CTIP project to support reporting on the regional CTIP indicators as well as on learning from experience of USAID CTIP projects in Laos, Cambodia and Bangladesh on VCMS and the Bong Pheak recruitment model. Monthly COP meetings were coordinated by the Asia CTIP COP in January, February and March this quarter.
Coordination meetings with GON stakeholders
Throughout this quarter, coordination meetings were conducted with different GON stakeholders to introduce Hamro Samman as well as to determine areas for collaboration and partnership. A summary of those meetings are set out in the table below with details mentioned throughout the report:
Coordination Meetings with GON stakeholders
Date Meeting Institution Participants January 14 Department of Labor to discuss work MOLESS COP, DCOP, permit Deputy Director General January 24 Joint USG meeting with Anti-Human Nepal Police COP, DCOP, AIG Trafficking Bureau to discuss potential Anti-TIP Police, SSP Anti- areas for coordination Bureau Human Trafficking Bureau
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January 30 Meeting with NHRC to discuss on areas NHRC COP, DCOP, LG for immediate collaboration Manager; Honorable Commissioner, Mohna Ansari, Human Right Officer, February 4 Meeting with Joint Secretary of MOWCSC COP, DCOP, LG MOWCSC to refresh briefing on Hamro manager Samman February 5 Meeting with the director of Anti Human Anti Human DCOP, Director, Trafficking Bureau to discuss on Trafficking Anti Human potential support to the Bureau and Bureau Trafficking next step Bureau, DSP, Research and Planning Directorate, Nepal Police February 7 Alliance 8.7 Meeting MOLESS COP, DCOP, LG Manager February 12 Meeting with CIB chief to discuss on CIB DCOP, AOR, LG support to rescue of 179 people from Manager, DIGP- India CIB, Director Anti Human Trafficking Bureau; February 14 NCCHT meeting to discuss on rescue MOWCSC DCOP, Secretary, of 179 Nepali citizens from India MoWCSC, NCCHT members, DIGP- CIB, SSP, SP, DSP of Anti Human Trafficking Bureau February 15 Meeting with shelter service provers to MOWCSC DCOP, SNGC, discuss on providing shelter and other Under Secretary – supports to 179 people because NCCHT, SP, DSP rescued from India – Anti Human Trafficking Bureau; PNCC, Sathi, Pourakhi, AMKAS, Shakti Samuha, ABC Nepal, Maite Nepal February 19 Orientation/meeting with investigating CIB DCOP, LG officers on rescued 179 people Manager, DIGP- CIB, Director-Anti Human Trafficking Bureau; Investigating
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officer, Nepal Police, Shelter providers, FWLD and its consortium organizations February 20 Meeting Chief Minister of Province 5 to Kathmandu Chief Minister- brief Hamro Samman Project for the Province 5, COP, collaboration and coordination DCOP
Coordination meeting with stakeholders from CSO, PS and international agencies
Coordination meetings were conducted with different CSOs and PS to introduce the Hamro Samman Project, become informed on local dynamics of TIP, and identify areas of coordination and collaboration. The meetings are listed in the table below and more details are mentioned in relevant sections above in this report.
Coordination meetings with CSO, PS and International agency stakeholders
Date Meeting Institution Participants January 9 Meeting with Next Generation Next AOR, COP, DG Director, Nepal facilitated by US Embassy Generation US Embassy staff Nepal January Meeting with Freeset to discuss Freeset COP 14 cross-border repatriation of CTIP victims from India January Meeting with DFID researchers DFID COP 15 developing UK AID’s modern slavery approach in Nepal January Meeting between Winrock and Freedom COP 17 Freedom Fund to discuss Fund potential collaboration on a joint victim case management system for Nepal January Meeting with Love Justice (Tiny Love Justice COP 23 Hands Nepal) to discuss potential collaboration on victim case management system and research January Meeting at International Labor ILO Neha Choudhary (national 28 Organization (ILO) Nepal on project coordinator, possible collaborations on Integrated Programme on Hamro Samman’s engagements Fair Recruitment), and with NAFEA. HS/WI PSE Specialist, Strategic and Partnerships Advisor February 5 Meeting with Sunaulo Mauka The Asia PSE Specialist, Strategic (Shuvayatra App) program team Foundation and Partnerships Advisor
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to discuss possible collaborations on Hamro Samman Innovation Challenge. February Meeting with ILO team ILO COP, DCOP, LG Manager, 18 PS specialist, Strategic Partnership Advisor, ILO team February Meeting with CEO and Managing Sukalpa USAID AOR, PSE 21 Director to discuss possible International Specialist, Strategic and collaborations to develop P. Ltd. Partnerships Advisor sustainable training and employment models in Nepal. February Meeting with ILO Regional ILO COP 26 Specialist for Migration, Mr. Shabarinath Nair February Participation in UN Migration ILO/IOM/UN COP, LG Manager 27 Group meeting Agencies March 1 Meeting with CSO partners to WI, AATWIN, CEC Specialist, M&E plan international women’s day LACC, NNSM, Specialist, CSO celebration jointly PPR, representatives CeLLRD, March 11 Presentation at induction of DFID DFID COP Project Coordination Units for Province 2, 5 and 6 on Hamro Samman activities March 12 Coordination meeting between Freedom COP, M&E Specialist Winrock, Freedom Fund and Fund and Liberty Shared on potential for Liberty joint victim case management Shared system March 18 Child Labor Interagency Working ILO Law and Governance Group Meeting Manager
Kathmandu Migration Working Group Meeting
On February 27, Hamro Samman was invited to participate in and become a member of the UN Migration Group Meeting, convened by ILO and IOM. The primary agenda of the meeting was to discuss policy and programmatic coordination between migration and trafficking programs, particularly with the focus on identifying issues related to harmonization of laws. Presentations and discussion were shared on issues pertaining to harmonization of Human Trafficking, Foreign Employment and the Bonded Labour Act. At the meeting it was agreed that the terms of reference of the working group would be revised in consultation with the members and that a legal sub- group would be established to develop a joint policy platform between members that can be used to guide advocacy on migration and human trafficking and in particular on revisions to the FEA and the HTTCA and calls for ratification of international protocols and conventions including the Palermo Protocol and the Convention of the Rights of all Migrant Workers and their Families.
Inter-Agency Working Group (Child Labour Group)
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On March 18, Hamro Samman also participated in the Inter-Agency Working Group meeting on child labor. ILO convened the meeting and Terres Des Hommes (TDH), Good Weave International, World Education and Hamro Samman and Winrock International’s CLEAR II project participated. The need to support the GON to formulate a National Action Plan for the abolition of child labor was discussed. TDH shared their study on child labour in brick kilns. The lack of proper labor inspection and monitoring was identified as one of the main reasons for and challenges to control child labor.
Coordination with Inter-Agency Coordination Group (IACG) for CTIP
The CTIP IACG co-chaired by Plan International and UNODC is expected to meet quarterly, but over the past 15 months only met once. Its objective to improve sharing of information among its members, foster coordination to avoid duplication and collaborate for more effective programming. Members include UN agencies and INGOs working in CTIP in Nepal.
During this quarter, Winrock took the initiative to approach the two chairs to offer to convene a meeting. After significant back and forth, it was agreed that Winrock could move forward. On March 29, Winrock convened the CTIP IACG with attendance from UNODC, ILO, IOM, UN WOMEN, United Nations Population Funds (UNFPA), World Education Inc (WEI), Plan Nepal, Save the Children, and ECPACT International (global network of CSOs that works to end the sexual exploitation of children).
During the meeting, the Hamro Samman DCOP briefed the participants on the Hamro Samman project, including planned initiatives such as support to: amend the HTTCA, the FEA and ratify the Palermo Protocol; develop national guidelines and manuals including victim identification guidelines, a national referral system guideline and pre-departure training manuals; form and functionalize sub national CCHTs; develop an integrated TIP database and improved victim case management systems; strengthen the identification of TIP victims and investigation by the Anti- Human Trafficking Bureau; strengthen monitoring, investigations and reporting by the NHRC on TIP; provide quality services to TIP survivors including shelter, legal aid and livelihoods; the private sector to improve service delivery to TIP victims; etc.
Other updates from members included:
• ECPACT International is a global network of CSOs that works to end the sexual exploitation of children. It focuses on halting the online sexual exploitation of children, the trafficking of children for sexual purposes and the sexual exploitation of children in the travel and tourism industry. In Nepal, it is working with Maiti Nepal, Child Workers in Nepal Concerned Centre and Shakti Samuha and MOWCSC on an NPA related to sexual abuse and online exploitation which will be shared among the IACG group;
• UN WOMEN is finalizing a rapid needs assessment of 94 women who received shelter support from Maiti Nepal after recently being rescued from Manipur, India (part of the 179);
• ILO’s Work in Freedom project is working on pre-decision training and orientation in coordination with returnee migrants and the municipal authorities. Together with IOM, ILO is convening the Migration Working Group meeting. They are in the process of developing revised terms of reference for the group and determining the agenda setting process and chair’s responsibilities.
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• Plan International through Action Against Child Trafficking is working in three districts (Banke, Sunsari and Rautahat) focusing on prevention, referral mechanism and peer leadership at community level. At the municipal level, they work with the returnee migrants and support government in implementation of the NPA at the federal level.
• WEI shared that they were working through Pravasi ko Saath project in Province 1,2,3, and 5, with project focusing on safe migration.
• IOM is working on labor migration projects, and more particularly on strengthening migration centers, ethical recruitment, Nepal’s migration profile and the MOLESS Labor Migration for Employment - a status report for Nepal 2019).
• Save the Children is implementing an integrated project model with household design linking with opportunity cost and focusing in province 6. This project has child protection and child labor mitigation that has child trafficking component.
• UNODC is developing a victim identification guidelines and national referral mechanism through the OAG. It is also working on encouraging the Nepal government to ratify Palermo Protocol.
• UNFPA noted that they are not working directly on anti-trafficking, but that they are engaged on the gender-based violence (GBV) protocol; training with police, health workers, media; providing shelter support, mental health support and an anti-child marriage program which they believe will support to response anti trafficking actions through prevention strategy.
The meeting ended with the members agreeing that the Hamro Samman project will take over as chair from Plan International and UNODC will remain as co-chair. Hamro Samman will manage the secretariat of the group and begin by proposing any necessary revisions to the group’s terms of reference. Regular meetings will be convened quarterly moving forward, as well as on an as- needed basis. PRIORITY ACTIVITIES NEXT QUARTER
During the next quarter, Hamro Samman anticipates rolling out the following activities:
Staffing and Management
• Recruitment of Partnerships and Communications Coordinator. Remaining vacancies will be recruited after the DFID expansion is formalized.
• Finalize activation and orientation of staff and partners on DevResults. Provide orientation to partners on M&E plan, documentation and reporting requirements, including on DevResults
• Convene Project Advisory Group meeting chaired by MOWCSC
• Award shelter grants to AMKAS, PNCC, Maiti Nepal, Saathi and Shakti Samuha
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• Issue RFA, finalize and award grants to training and placement provider (TPP) and international research partner (dependent upon DFID funding)
• Issue RFA and award grants to entertainment sector, survivor, sub-national CSO partners and legal aid provider
• Issue RFA for data partner
Objective 1
• Prepare plan of action to support the MOWCSC and the NCCHT to begin the activities identified in the areas of collaboration
• Support MOWCSC and NCCHT to develop methodologies for the prevalence estimate study and victim identification guidelines
• Begin support to Anti-Human Trafficking Bureau to develop a five-year strategic plan
• Support NHRC to finalize its annual TIP report and conduct research on foreign labor migration and the entertainment sector
• Support MOWCSC to finalize its annual CTIP report
• Conceptual Clarity Training to Legal Aid Network Lawyers on Human Trafficking
• Conduct training for foreign employment officials on identification of TIP victims who are migrant workers through FWLD consortium member organization
• Convene consultation with relevant ministries on integrated CTIP platform to consider concept for integrated platform and begin assessment
• Organize orientation workshop with 109 local governments and support formation of CCHTs in 36 municipalities with involvement of SAN
• Provincial level discussion with parliamentarians on counter human trafficking organized by SAN
• Organize "the workshop with Stakeholders on legal aid for victims of Human Trafficking" by LACC. Organize "the workshop with Stakeholders on legal aid for victims of Human Trafficking" by LACC
• Organize Consultation Meeting with Media on Emerging Trends of Trafficking in Person by FWLD
• Workshop with MOLJPA on the draft Legal Aid Policy by FWLD
• An inter-ministerial coordination meeting will be conducted with various stakeholder ministries to strengthen the government‘s capacity to combat TIP by FWLD
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• Consultation meeting with the parliamentarians and parliamentarian committee on revisions to the HTTCA and the FEA as well as on ratification of the Palermo Protocol by FWLD
• IEC materials development and publication by LACC
• Support MoWCSC to organize workshop on amendment of HTTCA and its regulations
• Support NHRC to conduct workshop with the representatives from Nepal Government, INGOs to take recommendations on draft TIP report.
Objective 2
• Quarterly Technical Coordination Meeting with AATWIN and NNSM members
• Hold an orientation on NNSM's revised strategic plan
• Organize program management training to NNSM members
• Developed capacity assessment tool for NBI, conduct capacity assessment and prepare capacity development plan.
• Organize ToT on Human Rights Based Approach to CTIP for AATWIN members and staff
• Training on Human Rights Based Approach to counter TIP in foreign migration process for NNSM members and staff.
• Adapt Leadership for Change (LfC) curriculum with support from SAN.
• Curriculum Development for 2-days' training on the Nepali CTIP legal framework, legal protections and remedies available for TIP victims, and victim-centered approaches to representing survivors by CeLRRd.
• Conceptual Clarity Training to Private Lawyers and GON Legal Aid Lawyers on Human Trafficking by CeLLRd
Objective 3
• Hold one-on-one or roundtable discussions with business associations and identified potential businesses in five districts identified through the mapping of potential service providers. Provide TIP sensitivity training at these events.
• Consult with the MOWCSC to validate the inclusion of private sector services and to secure buy-in for the service mapping exercise.
• Convene a half-day workshop for NBI members on CTIP legal awareness by legal consortium.
• Conduct a co-creation workshop to convene potential members of Responsible Business Alliance Nepal to orient them on TIP and the Hamro Samman Project, and to affirm strategic direction of the Alliance.
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• Conduct 2 deep-dive workshops with the Responsible Business Alliance members to: i) ideate and commit to training and employment models, and ii) support Hamro Samman’s CTIP communications campaign. Organize public launch of the Alliance either in Q3 or Q4.
• Finalize TPP partnership.
• Initiate Hamro Samman Innovation Challenge.
• Execute MOU with Chaudhary Group.
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ANNEX 1- PROGRESS ON ANNUAL WORK PLAN OF ACTIVITIES
S.N. Sub-Activity Schedule Person Status Update Responsible
Operational and Administrative Task
0.0.1 Staff recruitment and Oct, 2018 – Feb, FAM and DCoP, WI Ongoing orientation 2019
0.0.2 Earthquake drill Oct, 2018 – Nov, FAM, WI This activity was completed in November, 2019. 2019
0.0.3 Establish field office Oct, 2018 – Feb, FAM, WI Banke office establish July 2018 2019 Hetauda office established November 2018
0.0.4 Launch Hamro Samman Oct, 2018 – Dec, FC and Comms., WI Delayed until activities come on line. Expect to Facebook page 2018 launch in FY19 Q3.
Monitoring and Evaluation
0.0.5 Finalize GESI assessment Oct, 2018 – Dec, GESI Specialist, WI GESI assessment was revised by intern this quarter 2018 and will be finalized in FY19 Q3.
0.0.6 Revise and finalize MEL Oct, 2018 – Nov, M&E Specialist, WI Revisions awaiting formalization of DFID expansion. Plan 2018
0.0.7 Update DevResults and Dec, 2018 – Jan, M&E Specialist, WI Launch awaiting formalization of DFID funding train staffs and partners 2019 because indicators will change.
0.0.8 Bi-Annual Project Advisory Oct, 2018 – Jul, 2019 DCoP, WI Discussed with MOWCSC in FY19 Q1. Discussed Group again during FY19 Q2. MOWCSC has been slow to initiate because of change in leadership.
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0.0.9 Quarterly Partner Meeting Oct, 2018 – Sept, M&E Specialist The quarterly meeting was organized on March 27- 2019 28, 2019.
0.0.10 M&E working group meeting Oct, 2018 – Sept, M&E Specialist M&E working group meeting has been planned in 2019 May, 2019. The meeting is organized by USAID Asia CTIP project.
0.0.11 Regional USAID CTIP Oct, 2018 – Sept, CoP and DCoP CTIP COP coordination meeting in Chiang Mai learning exchange 2019 November 2018.
Objective 1: Strengthened National and Local GON Efforts to Combat TIP
1.0.1 Complete 10 district CTIP Oct, 2018 – Feb, The CTIP district profiles were prepared in profiles 2019 December 2018 and are in process of publication.
1.0.2 Complete political economy Oct, 2018 – Feb, CoP, DCoP, LG The study has been postponed awaiting DFID analysis 2019 Manager and M&E funding but the TOR to hire consultants for the study Specialist., WI has been drafted.
Sub-Activity 1.1 Improve GON data collection, sharing and usage to strengthen policy, coordination and public reporting
1.1.1 CTIP data learning event Nov, 2018 – Jan, LG Manager, WI Concept note for integrated data platform delivered and consultation with 2019 to MOHA on January 31, 2019. ministries
1.1.2 Data system assessment Jan, 2019 – Mar, LG Manager and Preliminary assessment completed in March, 2019. 2019 M&E Specialist, WI
1.1.3 Workshop with NCCHT to Mar, 2019 LG Manager, WI TBD share assessment recommendations
1.1.4 Develop pilot data system Apr, 2019 – Sept, LG Manager and 2019 M&E Specialist, WI
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with data partner from PS
1.1.5 Prevalence research with Oct, 2018 – Mar, CTIP Manager and The concept note for the research detailing MOWCSC 2019 M&E Specialist, WI methodology was re-submitted to the new Joint Secretary of MOWCSC on February 2019.
1.1.6 Support to annual CTIP and Oct, 2018 – Mar, CTIP Manager, WI Supported NHRC consultation with journalists for Labor Migration Reports 2019 national TIP report on March 2019.
1.1.7 Share prevalence estimate July, 2019 CTIP Manager, WI and other CTIP reports at CTIP learning event
Sub-objective 1.2 Strengthen GON National and Local Committees for Controlling Human Trafficking to prevent, protect and prosecute TIP
1.2.1 Coordination meetings at Oct, 2018 – Dec, DCoP, WI Meeting held with provincial authorities of Province sub-national level 2018 3 in December 2018 and with minister of Social Development Province 7 in 2018.
Meeting with Chief Minister of Province 5 held on Feb 20. local and district coordination is ongoing.
1.2.2 Technical assistance to Oct, 2018 – Sept, LG Manager, WI HTTCA recommended revisions submitted to develop guidelines and 2019 MOWCSC in December 2018. The amend legislation recommendations reshared informally on March 29, 2019.
1.2.3 Award grant to SAN Oct, 2018 – Dec, DCoP, WI Awarded on February 11, 2019. 2018
1.2.4 One day orientation to 109 Jan, 2019 – Mar, Sub-National Orientation materials has been drafted and the LG of CTIP 2019 Governance orientation is planned on FY 19 Q3. Coordinator
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(SNGC), WI with SAN
1.2.5 Form CCHT and baseline Apr, 2019 – July, CEC Specialist and capacity assessment 2019 FC, WI
1.2.6 Two day training for 36 June, 2019 – July, FC, WI with SAN LCCHTs 2019
1.2.7 Two day training for ward Aug, 2019 – Sept, FC, WI with SAN committees in each of the 36 2019 Local Governments (LG)
Sub-objective 1.3 Strengthen GON monitoring and enforcement of policies related to foreign labor recruitment and TIP
1.3.1 Formalize relationship with Oct, 2018 – Dec, LG Manager, WI In process. MOLESS 2018
1.3.2 Draft victim identification Nov, 2018 – Sept, LG Manager, WI Discussed and sample guidelines shared with guideline 2019 MOWCSC in December 2018 and February 2019.
1.3.3 Train foreign labor migration Feb, 2019 LG Manager, WI The activity has been postponed to FY19 Q3. officials
1.3.4 Support decentralization of Jan, 2019 – Sept, LG Manager, WI Delayed until DFID funding is formalized. pre-decision and pre- 2019 departure training
1.3.5 Establish functioning June, 2019 – Sept, FC, WI Delayed until DFID funding is formalized. Monitoring Action 2019 Committees at the sub- national level
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1.3.6 NHRC monitoring and June, 2019 – Sept, Research March 26 received formal request from NHRC for research report on TIP in 2019 Coordinator and assistance. Supported consultation workshop on foreign labor migration and M&E Specialist, WI March 31 with journalists. the entertainment sector
Sub-objective 1.4 Increased GON implementation of national and international recommendations to mitigate and address human trafficking
1.4.1 Legislative gap analysis Oct, 2018 – Dec, LG Manager, WI Completed for HTTCA December, 2018. 2018
1.4.2 Revision of priority Oct, 2018 – Sept, LG Manager, WI Completed for HTTCA December, 2018. Seeking legislation (technical support 2019 consultant for FEA in FY19 Q2. from consultants and legal partners)
1.4.3 Public consultation between TBD LG Manager, WI MOWCSC and civil society on HTTCA revisions
1.4.4 Public consultation between TBD LG Manager, WI MOLESS and civil society on FEA revisions
1.4.5 Convene three dialogues TBD LG Manager, WI . between CSOs, GON and with CSO partners national parliament on ratification of the Palermo Protocol
Objective 2: Improved CSO Advocacy and Engagement to Address TIP
2.0.1 Issue EOI, conduct PECAN Oct, 2018 – Feb, CTIP Manager and Delayed until DFID funding is formalized. and award grant to 2019 DCoP, WI entertainment sector hub
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2.0.2 Develop organizational Nov, 2018 – Feb, CEC Specialist, WI The plans of AATWIN, NNSM were prepared based capacity support plan for 2019 and CSO Hub on PECAN on March, 2018 while that of NBI was CSO hub prepared based on OPI findings on February, 2019.
2.0.3 Organizational capacity Mar, 2019 – Sept, CEC Specialist, WI Program manager of NBI and Porgram Officer of support 2019 and CSO Hub NNSM participated in the Justice Based Approach to Development training on Feb 26-28, 2019.
2.0.4 Baseline OPI for Apr, 2019 CEC Specialist, WI Delayed until DFID funding is formalized. entertainment sector hub and CSO Hub
2.0.5 Midline PECAN assessment Aug, 2019 – Sept, CEC Specialist, WI (NNSM, AATWIN) 2019 and CSO Hub
2.0.6 Support to CSO hub Oct, 2018 – Dec, CEC Specialist, WI AATWIN and NNSM draft strategic plan completed strategic plan 2018 and CSO Hub in March, 2019. During FY19 Q2 AATWIN and NNSM received feedback from members on drafts.
2.0.7 Project management Dec, 2018 CEC Specialist, WI Postponed to FY19 Q3 due to USG training with NNSM shutdown/program slowdown.
Sub-Activity 2.1 Improve CSO data collection , sharing and usage to strengthen the policy, coordination and public reporting.
2.1.1 Contract Liberty Shared for Oct, 2018 – Jan, CoP, WI Discussion ongoing with Liberty Shared. Grant will CSO victim case 2019 be awarded following award of the grants to shelters management system and in FY19 Q3. translate system to Nepali needs
2.1.2 Training for shelters and Jan, 2019 – Mar, M&E Specialist, WI Delayed until Liberty Shared grant awarded. legal aid providers on the 2019 with Liberty Shared value of improved victim and shelter grantees case management and legal aid providers
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2.1.3 Train partners to use VCMS Jan, 2019 – Mar, M&E Specialist, WI Delayed until Liberty Shared grant awarded. 2019 with Liberty Shared and shelter grantees
2.1.4 Partners start to use VCMS Apr, 2019 – Sept, M&E Specialist, WI to collect data 2019 with shelter grantees
2.1.5 Partnership with global CTIP Oct, 2018 – Jan, CoP, M&E Specialist Delayed until DFID funding is formalized. research organization 2019 and Research Coordinator, WI
2.1.6 Finalize research agenda Jan, 2019 – Mar, M&E Specialist and Delayed until DFID funding is formalized. 2019 Research Coordinator, WI with global CTIP research organization
2.1.7 Design and roll out research Apr, 2019 – Sept, M&E Specialist and 2019 Research Coordinator, WI with research grantees
2.1.8 Award 1 John D. Rockefeller Apr, 2019 – Sept, M&E Specialist and 3rd (JDR3) Research Grant 2019 Research Coordinator, WI
2.1.9 Study relationship between Jan, 2019 – Mar, M&E Specialist, WI Data gathered during FY19 Q2. Research report to human trafficking and 2019 with NNSM be finalized in FY19 Q3. foreign labor migration
2.1.10 Study emerging TIP trends Apr, 2019 – Sept, M&E Specialist, WI 2019 with PPR
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2.1.11 Annual CTIP Learning July, 2019 Research Delayed until DFID funding is formalized. Forum Coordinator and M&E Specialist, WI
Sub-objective 2.2 Strengthen survivor organizations and networks to lead advocacy, oversight and participation of anti-TIP activities
2.2.1 GESI orientation to CSO Oct, 2018 – Feb, CEC Specialist, WI NNSM members and staff were oriented on hubs 2019 with NNSM November, 2018.
2.2.2 Training of trainers for CSO Mar, 2019 CEC Specialist, WI Grant awarded to SAN in February, 2019. hub members with NNSM and Postponed to next quarter. AATWIN
2.2.3 Award grant, adapt Oct, 2018 – Mar, SNGC, and FCs, WI In progress. curriculum and deliver 2019 with SAN leadership for change workshop
2.2.4 Consultation between CSO Dec, 2018 – Jan, LG Manager, WI and Grant awarded to SAN in February, 2019. hub and provincial 2019 SAN Postponed to next quarter. government on PCCHT
2.2.5 Consultation between LG June, 2018 – July, LG Manager and and CSOs on LCCHT 2019 FCs, WI with SAN
2.2.6 LfC CTIP champions April,2019 – Sept, SNGC and FCs, WI engage in LG and survivor 2019 with SAN community in dialogue
Sub-objective 2.3 Strengthen CSO monitoring and reporting of policies related to labor recruitment and TIP prevention, protection and prosecution
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2.3.1 Develop legal briefs Oct, 2018 – Feb, LG Manager, WI Activity delayed to FY19 Q3. 2019 with legal consortium
2.3.2 Draft and publish project Oct, 2018 – Jan, LG Manager, WI Partially complete. FWLD contributed to draft CSO CTIP position paper 2019 with legal hub policy paper on the HTTCA and shared with consortium MOWCSC in March 2019.
2.3.3 Workshop to set advocacy Oct, 2018 – Feb, CEC Specialist, WI Postponed to next quarter. agenda and monitor 2019 with SAN, AATWIN priorities (AATWIN, NNSM) and NNSM
2.3.4 Develop monitoring tools Dec, 2018 – Mar, CEC Specialist and Postponed to next quarter. 2019 M&E Specialist, WI with PPR and CSO hubs.
2.3.5 Monitor priority issues Jan, 2019 – Sept, CEC Specialist and Postponed to next quarter. 2019 M&E Specialist, WI with NNSM, PPR and entertainment hub.
2.3.6 Quality summary reports Dec, 2018 – Sept, CEC Specialist and PPR monitored a case of organ trafficking in March, and annual thematic reports 2019 M&E Specialist, WI 2019. on court monitoring with PPR.
2.3.7 Thematic report from NNSM Sept, 2019 CEC Specialist and on issue monitored M&E Specialist, WI with NNSM.
2.3.8 Monitoring visit to provinces June, 2019 – July, CEC Specialist and by NNSM board members 2019 M&E Specialist, WI with NNSM.
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Sub-objective 2.4 Build CSO networks for effective engagement with GON and PS to prevent, protect, and prosecute TIP
2.4.1 Training for CSO hub Jan, 2019 – Feb, CEC Specialist WI Grant awarded to SAN in February, 2019. members on advocacy by 2019 with SAN and CSO Postponed to next quarter. SAN hubs.
2.4.2 SAN supports CSO hubs to Jan, 2019 – Feb, CEC Specialist WI SAN provided feedback to NNSM in March, 2019. develop communication and 2019 with SAN and CSO advocacy plan hubs.
2.4.3 Panel discussion on the Feb, 2019 CEC Specialist WI The activity has been postponed to July. nexus between human with NNSM trafficking and unsafe foreign labor migration
2.4.4 Quarter technical Dec, 2018 – Sept, CEC Specialist WI AATWIN’s quarterly technical meeting took place in coordination meetings 2019 with CSO hubs. February 8, 2019. NNSM’s quarterly technical meeting took place in January 14, 2019.
2.4.5 Issue based advocacy on Dec, 2018 – Sept, CEC Specialist WI AATWIN marched for ratification of the Palermo foreign migration and TIP 2019 with CSO hubs. Protocol on March 2019. AATWIN, NNSM, FWLD, SAN and NBI finalized draft joint policy brief on HTTCA revisions in March, 2019.
Objective 3: Increased Private Sector Partnerships to Service TIP Survivors and At-risk Populations
Sub-objective 3.1 Improve the quality of existing GON, CSO and private services and related referral system to assist TIP survivors
3.1.1 Mapping of services for TIP Oct, 2018 – Jan, PSE Specialist, WI Preliminary mapping of services in 5 pilot districts victims in 10 districts and 2019 with NBI completed in March 2019. ICT platform
3.1.2 Update service directory for Feb, 2019 – May, DCoP and PSE This activity has been postponed for next quarter but TIP survivors 2019 Specialist, WI with discussions were held with MOWCSC during FY19 ICT partner Q2 on the issue.
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3.1.3 Development of new ICT Jan, 2019 – Sept, DCoP and PSE Reached out to Fusemachines, Inc. on March, 2019 platform for mapped service 2019 Specialist, WI with to discuss the possibility to develop an ICT platform delivery providers ICT partner for mapped service delivery providers. We expect to have further engagements with them in next quarter.
3.1.4 Market research and Mar, 2019 – Aug, PSE Specialist and The research conducted by the SAIS team workshop for skills building 2019 M&E Specialist, WI (explained under sub-obj 3.3) explored some and employment models international and national recruitment models.
Next quarter, further research activities on training and employment models are expected, with selection of training and placement partners and workshop with Responsible Business Alliance Nepal members on models for training and job.
3.1.5 Technical assistance to Oct, 2018 – Sept, SNGC and DCoP, This activity has been postponed for next quarter. amend NMS and SOPs for 2019 WI shelters
3.1.6 Grants to improve quality of Nov, 2018 CoP, WI Reviewed and revised proposed program shelter services descriptions and budgets with five proposed shelter partners during FY19 Q2.
3.1.7 Award grant for mobile Oct, 2018 – Feb, CoP, WI Delayed until DFID funding is formalized. service camps 2019
3.1.8 Mobile service camps for at- Mar, 2019 – Sept, CTIP Manager, WI Delayed until DFID funding is formalized. risk workers in the 2019 entertainment industry
Sub-objective 3.2 Reduce legal barriers through GON, CSO &private sector partnerships for survivors to access justice & increase prosecutions
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3.2.1 Develop curriculum for joint Jan, 2019 – June, LG Manager, WI Met with USG OPTED in January, 2019 and agreed training for police, 2019 with legal to deliver joint CTIP training to police in or around prosecutors and GON legal consortium June, 2019. Received formal request from Nepal aid lawyers Police Anti-TIP Bureau for technical support, including training in March, 2019.
3.2.2 Joint training for police, July, 2019 – Sept, LG Manager, WI prosecutors and legal aid 2019 with legal lawyers consortium
3.2.3 Grant to private lawyer Jan, 2019 CoP, WI Postponed to FY19 Q3. association to coordinate network of pro bono private lawyers
3.2.4 Grant to legal consortium to Nov, 2019 CoP, WI Grant to FWLD awarded in December, 2018. Sub- deliver legal aid to TIP grants awarded February, 2019. Grants do not victims include legal aid. Legal aid grant to be awarded next quarter.
3.2.5 Training for legal aid lawyers Jan, 2019 – Mar, LG Manager, WI Training delayed to FY19 Q4, after legal aid network 2019 with legal is established. consortium
3.2.6 Identify strategic litigation Oct, 2018 – Sept, LG Manager, WI The activity is in progress. case 2019 with legal consortium
Sub-objective 3.3 Raise public awareness and foster safer migration via GON, CSO and private sector partnerships
3.3.1 Workshops to promote Nov, 2018 PSE Specialist, WI The activity was completed in December, 2018. responsible recruitment with NBI
3.3.2 Quarterly learning events for Dec, 2018 – Sept, PSE Specialist, WI Postponed to FY19 Q3 because of impact of USG members 2019 with NBI shutdown and security guideline.
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3.3.3 Research trafficking risks in TBD M&E Specialist and Delayed until DFID funding is formalized. migrant worker recruitment Research to the hospitality sector coordinator, WI with research partners
3.3.4 Rapid response grants to Oct, 2018 – Sept, LG Manager and Delayed until DFID funding is formalized. train GON, CSO and PS 2019 CTIP Manager, WI businesses
3.3.5 Workshops by legal Nov, 2018 – Apr, LG Manager and The activity is postponed to next quarter. consortium for NBI, 2019 PSE Specialist, WI entertainment workers and with NBI and legal media consortium
3.3.6 Communication support to Jan, 2019 – Sept, LG Manager and Provided technical support for development of CSO hubs 2019 CTIP Manager, WI NNSM e-bulletin in February, 2019. The bulletin was published in March 1, 2019.
3.3.7 Communication support to Dec, 2018 – Sept, LG Manager and GON 2019 CTIP Manager, WI
3.3.8 Commemorate international July 2019 – Sept, SNGC and FCs, WI and national days against 2019 human trafficking
3.3.9 Multi-year communications Feb, 2019 – Sept, PSE Specialist and RFA for communication partner will be issued next campaign 2019 Comms. Specialist, quarter. WI
Sub-objective 3.4 Generate innovative solutions using private sector funding to support at-risk people and trafficking survivors
3.4.1 Establish and launch CTIP Oct, 2018 – Dec, PSE Specialist, WI Activity postponed to next quarter because of the business alliance 2019 with NBI USG shutdown. Preliminary engagement with potential members completed during FY19 Q2.
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3.4.2 Quarterly business alliance PSE Specialist, WI First co-creation meeting of business alliance will be meetings with NBI in April, 2019.
3.4.3 Issue RFA and award Nov, 2018 – Mar, CoP The award is expected to be made FY19 Q4 with contract for TPP in 5 districts 2019 RFA issue in April, 2019.
3.4.4 TPP provide training and Apr, 2019 – Sept, CTIP Manager, WI placement in 10 districts 2019 with TPP
3.4.5 New private sector Oct, 2018 – Sept, PSE Specialist, WI CG MOU delayed due to new USAID requirements. partnerships to combat TIP 2019 with NBI Engagements ongoing with private sector to form strategic partnerships throughout FY19 Q2.
3.4.6 Innovation challenge launch Oct, 2018 – Nov, PSE Specialist, WI Postponed to FY19 Q4 to coincide with World Anti- 2019 Human Trafficking Day.
3.4.7 Innovation challenge co- Apr, 2019 – May, PSE Specialist, WI creation workshop 2019
3.4.8 Refining prototypes June, 2019 – Sept, PSE Specialist, WI 2019
3.4.9 Pilot CSR CTIP pool PSE Specialist, WI mechanism
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ANNEX 2 – CASE STUDY OF 179 NEPALESE REPATRIATED FROM INDIA
Background
In early February, the media reported that 179 Nepalese citizens were intercepted by India’s Border Security Force trying to cross from Manipur, India into Myanmar. The media raised concerns that the Nepalese were being trafficked to destinations in the Middle East. It is not uncommon for Nepalese citizens to be intercepted in India, but it is uncommon for such a large number to be intercepted at one time. This case highlights some of the challenges related to the complex issue of cross-border repatriation and serves as an interesting case study to demonstrate the challenges differentiating between smuggling, migration and human trafficking; the need for improved internal and foreign government coordination; and the challenges to ensuring that a human rights-based approach is applied and respected during repatriation.
In Nepal, the government is clearly given the mandate to rescue Nepalese who are trafficked abroad. The National Committee for Controlling Human Trafficking (NCCHT) is responsible for coordinating the government’s actions. The NCCHT has required significant support in the past to function and recent changes within its Secretariat meant that the Secretariat was not experienced in coordinating a response.
Coordination by NCCHT
In early February, after the media reported on the story, the Hamro Samman project met with the Ministry of Women, Children and Senior Citizen and enquired whether it would be looking into the reports that 179 Nepalese trafficking victims had been intercepted. Initially the MOWCSC was reluctant to respond, however after receiving pressure from several other civil society organizations it convened an emergency meeting of the NCCHT on February 7 to coordinate a response. The Hamro Samman Project was invited to the meeting to provide technical support. The NCCHT convened several meetings over the next few weeks and assigned civil society organizations (CSOs) to provide emergency shelter and assign the actual task of repatriation to the Nepal Police, Central Investigation Bureau (CIB).
Repatriation and investigation CIB investigating officers meet with CSOs to discuss On February 19, the Nepal Police in collaboration approaches to investigating the 179 returnees. with the Nepalese Embassy in India, and the BSF successfully repatriated the 179 Nepalese citizens (147 women and 32 men) to Kathmandu. Upon arrival they were accommodated in seven shelters around Kathmandu while the police conducted their investigations. Prior to engaging in investigation, the newly established Anti-Human Trafficking Bureau sought out orientation from legal CTIP experts to help them understand the legal aspects of the case, the
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legal procedure to be followed and the need of psychosocial counseling to the rescued persons. Despite the orientation and questioning all 179 of the people repatriated, the police did not open a formal investigation reportedly because of lack of evidence. None of the 179 people repatriated elected to file a complaint under the Human Trafficking and Transportation (Control) Act, 2007.
Profile of the 179 Nepalese repatriated
The 179 men and women repatriated were temporarily accommodated in shelters in Kathmandu for between three to 10 days as follows: Aprabasi Mahila Kamdar Samuha (AMKAS) (15 women), Maiti Nepal (94 women), Paurakhi Nepal (20 women), Pravasi Nepali Coordination Committee (PNCC) (32 men), Saathi (8 women) and Shakti Samuha (10 women). The Hamro Samman project supported both PNCC and AMKAS to provide the emergency shelter and assistance. Assistance provided included access to shelter, psychosocial counselling, livelihoods and skills building opportunities. An analysis of the information collected by the Nepal police for the 179 people interviewed shows:
District of Origin: The 179 migrants came from a notable 47 districts around Nepal. Higher concentrations of migrants came from Jhapa (24) and Morang (23) with the next highest concentrations being from Kavre, Sindhupalchowk, Sunsari and Makwanpur (8 each respectively) indicating that these may be considered source districts for this undocumented channel of labor migration, and potential trafficking. The 32 men came from a notable 12 different districts10.
Destination Country: The Nepal police interviewed the people who were repatriated and collected information about their intention. All 179 people interviewed reported that they were travelling to a country seeking employment. An overwhelming 72 people reported Kuwait as their destination with 57 people were seeking employment in Iraq. Kuwait is not one of the sanctioned countries by the GON and migration for employment to Irag has been completely prohibited by the GON. This was followed in popularity Qatar (16) and the United Arab Emirates (12), both of which have formal labor agreements with the GON. The remainder of destinations were throughout the middle east with the exception of three who reported they were on their way to the Ukraine.
Remigration: When questioned by the police, approximately half of the 179 Nepalese reported that they were re-migrating. This means that approximately half were migrating for the first time.
The data collected by the police did not cover marital status, caste or ethnicity, education or age. The Project analyzed the information collected by both PNCC and AMKAS to come up with the following:
Marital Status: Marital status was not reported on for the men, however it was collected by AMKAS to give insight into the profile of the migrating women. The results indicated that 7 of the women were married, 6 were separated and 2 were unmarried. The high representation of separated women (versus the national demographic), could indicated that the stigma of divorce and separation or the economic desperation of no longer being supported by a husband’s family is driving risky migration choices for some women.
Caste/Ethnicity: Of the 32 men who were repatriated, 5 were Dalit, 19 Janajati, 7 Brahmin/Chhetri and 1 other. Of the 15 women assisted by AMKAS, there were 9 Dalit, 5 Janajati, 1 Brahmin/Chhetri. Not surprisingly, Dalits were over-represented in the group when considered against Nepal’s demographics.
10 Bardiya, Chitwan, Dhading, Gorkha, Jhapa, Lamjung, Morang, Nuwakot, Parsa, Rukum, Sankhusahba, and Sunsari
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Age: The age breakdown between men and women was similar. None of the repatriated Nepalese were reported to be children. Of the 32 men returned to Nepal, 5 were between the ages of 20 to 24, 10 were between 25 to 30 and 17 were above 30. Similarly for the women helped by AMKAS, 4 were between ages 20-24 years, 3 were between ages 25-30 years and 8 were above 30 years.
Education: Looking at the education and literacy rates of the men and women supported by Hamro Samman, the men benefitted from higher literacy rates and higher levels of education attainment. None of the men reported being illiterate, yet 20 out of the 32 had not completed Grade 10. For the women, 5 were reported to be illiterate and a notable 14 out of 15 had not completed Grade 10.
The above information gathered from the 179 Nepalese who were repatriated seem to paint a picture of a group of aspiring migrants who were searching for better employment and economic opportunities through non-formal migration channels. The information gathered did not immediately indicate that they are trafficking victims, however considering the unsafe pathway they had chosen they were certainly at risk of being trafficked.
Analysis of the response
The coordination by the NCCHT although initially slow to get off the ground, became responsive and led the process for repatriation. The NCCHT delegated responsibility, involved the Anti-TIP Bureau appropriately and asked for technical support and support on service delivery when it could not deliver alone. This willingness to seek support is positive.
One challenge to the coordination is lack of formal protocols and procedures for repatriation between India and Nepal and internally within Nepal. Formalization of this process will help to standardize the response and ensure that appropriate government actors are able to take authority and budget for their responsibilities accordingly each year.
From a human rights-based approach, this case raises concerns. Reports seem to indicate that the 179 people were obligated to be repatriated to Nepal, even though they did not want to be repatriated and they were permitted to be in India (Nepalese do not need a visa to travel back and forth between Nepal and India). The voluntariness of the return is questionable and should be something that the GON seeks to ensure in future repatriations.
Additionally, upon arrival in Nepal it is reported that the 179 were required by the GON to stay in temporary shelters to allow for the police to process and question them for their investigation. PNCC reported that the 32 men in the shelter were not willing to stay but were not permitted to leave which raises the question of whether they were detained against their will. Considering that returnees were not accused of a crime and were not subject to a court-ordered detention, the human rights of the returnees should always have been respected including the right to accept or not, the temporary shelter accommodation offered.
After the 179 Nepalese were repatriated to Nepal, the Nepal police did a commendable job of seeking to better understand the legal elements of TIP before sending its officers to question the returnees. They proactively sought out and received orientation from leading CTIP legal organizations. They also collected some important data on the 179 people that they interviewed. The data collected is missing some critical information such as the person’s date of birth, but the initiative was positive. The police should consider developing a standardized set of victim identification guidelines and establishing and collecting a minimum amount of information to allow for better analysis of potential trafficking cases.
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Recommendations
1. Develop formal protocols for repatriation between India and Nepal and between Nepal and other countries to guide the process. The protocols should include the roles and responsibilities of various government actors within Nepal and should prioritize a survivor-centered approach to repatriation.
2. Work with the GON do develop and enforce protocols that protect the voluntariness and ensures that a human-rights based approach is used when offering services to suspected trafficking survivors.
3. Work with the NCCHT and the Nepal Police to establish national victim identification guidelines and to establish minimum fields of data collection when investigating possible TIP cases.
4. Work to prioritize genuine and meaningful access to services (psychosocial, legal, medical, shelter, repatriation and livelihoods) and put in place a mechanism to support the return of the person to a place of their choice with follow-up monitoring and support to de-risk the chance of choosing unsafe migration pathways.
5. Add the Nepal Police Anti-TIP Bureau to the NCCHT membership.
6. Provide refresher training to NCCHT members on victim centered approaches to service delivery and repatriation.
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ANNEX 3 – PITT
SN Indicator Unit Base Year Year 2 Cumul LOA Remarks line 1 ative till date T A T A T A T A Objective 1: Strengthene d national and local GON efforts to combat TIP Sub-objective 1.1 Improve GON data collection, sharing and usage to strengthen policy, coordination and public reporting 1.1.1 Number Number 0 0 0 25 0 25 0 125 of project of project assisted assisted communit entities or y counter organizati trafficking ons committe es collecting and reporting TIP data to GON at the district or other sub - national levels [Custom]
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Sub-objective 1.2 Strengthen GON Federal, Provincial and Local Committees for Controlling Human Trafficking to prevent, protect and prosecute TIP 1.2.1 Number Number 0 0 0 0 0 0 0 13 of local of counter organizati trafficking ons with committe improved es capacity and/or performan ce scores [Custom] Sub-objective 1.3 Strengthen GON monitoring and enforcement of policies related to labor recruitment and TIP 1.3.1 Percent Percent 846 0 0 10% 0 10% 0 25% increase increase cases in number of penalties imposed on agencies and business for TIP related activities by GON Ministries or Courts [Custom] Sub- objective 1.4 Increased GON implementati
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on of national and international recommenda tions to mitigate and address human trafficking 1.4.1 The Number 0 1 1 1 1 2 2 10 Analysis number of of and anti-TIP policies/la consultati policies, ws/intern on on laws or ational Palermo internatio agreeme Protocol nal nts supporte agreemen d in Year ts 1 which strengthe is ned currently and/or back at created Cabinet with USG for assistanc approval; e (F- Consultat 1.5.3-19) ions and drafting of CEDAW shadow report supporte d which was submitted
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to CEDAW committe e in Q1 of Year 2. Year 2 (Q2): activities directly contributi ng to indicator not made Objective 2: Improved CSO advocacy and engagement to address TIP Sub- objective 2.1 Improve CSO data collection, sharing and usage to strengthen the policy, coordination and public reporting.
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2.1.1 Number Number TBD 0 0 400 0 400 0 2400 of of survivors Survivors of TIP identified by service providers and/or police [Custom] Sub- objective 2.2 Strengthen survivor organizations and networks to lead advocacy, oversight and participation of anti-TIP activities 2.2.1 Percentag Number 0 0 0 75% 0 75% 0 75% e of LfG of workshop Participan participan ts ts who lead advocacy or facilitate "safe space" forums for
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at-risk populatio ns [Custom] Sub-objective 2.3 Strengthen CSO monitoring and reporting of policies related to labor recruitment and TIP prevention, protection and prosecution 2.3.1 Number Number 0 5 3 10 6 10 3 25 Year 1: of of CSOs AATWIN, communit NNSM, y based NBI organizati Year 2 ons (Q1): recieving AATWIN, USG NNSM, support FWLD, engaged PPR in CTIP Year 2 monitorin (Q2): g and AATWIN, reporting NNSM, [Custom] FWLD, PPR, PNCC, AMKAS
Sub-objective 2.4 Build CSO networks for effective engagement with GON and PS to prevent, protect, and persecute TIP 2.4.1 Number Number 0 5 3 15 3 15 6 30 Year 1: of CSOs of CSOs AATWIN, receiving NNSM, USG NBI assistanc Year 2 e (Q1): engaged AATWIN, in NNSM, advocacy NBI
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interventi Year 2 ons (Q2): [USAID AATWIN Nepal PMP 1.4.1-1] 2.4.2 Number Number 0 0 0 2 0 0 0 8 of public of policies policies influenced by citizen input [USAID Nepal PMP 1.4.1-1 (F2.4.1- 12)] 2.4.3 Percent of Number 0 0 0 0 0 0 0 80% local of CSOs partners with improved capacity and/or performan ce scores [USAID Nepal PMP 1.3.1-2] Objective 3: Increased private sector
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partnerships to increase TIP survivors and at-risk populations Sub- objective 3.1 Improve the quality of existing GON, CSO and private services and related referral system to assist TIP survivors 3.1.1 Percent of Number 0% 0 20% 0 20% 0 95% identified of service private providers sector service providers in selected districts added to MoWCS W's Directory of Services [Custom]
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3.1.2 Number Number 0 50 0 100 48 150 0 500 Year 2 of victims of (Q2): of TIP Survivors Emergen receiving cy shelter services support provided provided with USG to 32 support presume [F1.5.3- d male 18] victims through PNCC and return travel to reunite with family supporte d to 15 presume d female victims through AMKAS; legal aid to 1 dalit male victim by PPR 3.1.3 Number Number 0 5 0 5 0 5 0 5 of of shelters/s Shelters afe houses
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establishe d for TIP victims that are supported with USG and/or DFID assistanc e (Custom) Sub- objective 3.2 Reduce legal barriers through GON, CSO & private sector partnerships for survivors to access justice & increase prosecutions 3.2.1 The Number 0 0 0 60 0 60 0 210 number of of People host nation criminal justice personnel who received USG-
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funded anti-TIP training during the life of the project (F- 1.5.3-17) 3.2.2 Number Number TBD 0 0 7 0 7 0 50 of cases of Cases filed under the HTTCA [Custom] Sub- objective 3.3 Raise public awareness and foster safer migration via GON, CSO and private sector partnerships 3.3.1 Number Number 0 0 0 1.0m 0 1.0 m 0 2.5 m Social of people of People media in updates targeted not populatio included ns, unless including part of a vulnerabl specific e campaign populatio utilizing ns , law
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enforcem mass ent , media. health care providers, educators , and others exposed to a USG and/or DFID funded mass media campaign that provides informatio n about TIP [USAID Nepal PMP 1.3.4-3 and PPR 1.5.3-14] Sub- objective 3.4 Generate innovative solutions using private sector funding to
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support at- risk people and trafficking survivors 3.4.1 Number Number 0 25 0 200 0 225 0 1125 of people of People trained in entrepren eurial skills through USG supported programs [USAID Nepal PMP 2.2.1-1]
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ANNEX 5 – REPORT ON FWLD CONSULTATION ON HTTCA REVISIONS
Report on Consultation with Stakeholders on Reforms Needed to the Human Trafficking and Transportation (Control) Act
Forum for Women Law and Development
March 29, 2019
Background
In Nepal, there is a low understanding of trafficking beyond prostitution and sexual exploitation. Whenever women and girls are trafficked, they are thought to be sold for prostitution. The law, policy and enforcement mainly emphasize trafficking for sexual exploitation. The anti-trafficking law does not include forced labor in its definition and instead focuses on prostitution as per Art. 4(1)(b) and (d) of the HTTCA. It fails to define what would happen if someone commits labour exploitation through forced labor or servitude in the name of foreign or domestic employment. The HTTCA definition needs to be revised to include forced labor, servitude and debt bondage in the definition of human trafficking and to integrate the elements found in the Palermo Protocol.
Both the anti-trafficking and foreign employment law in Nepal do not currently recognize the nexus between trafficking and foreign labor migration. Both laws and their regulations are currently under amendment by the government. The objective of this consultation was to bring civil society together and government together to for the necessary reforms to the HTTCA law and to also strengthen the government’s effort to address human trafficking.
The meeting included government agencies such as Ministry of Women, Children and Senior Citizen, Ministry of Home Affairs, Office of Prime Minister, Office of Attorney General, Anti- Trafficking Bureau, Ministry of Law, Justice and Parliamentary Affairs, National Human Rights Commission along with many civil society organizations working against human trafficking. A total of 37 participants attended the meeting. FWLD moderated the program and welcome remarks were made by the Hamro Samman Project COP.
Sessions
Mr. Krishna Prasad Bhusal, Under Secretary of Ministry of Women, Children and Social Welfare discussed the roles and future strategies of Ministry to combat trafficking in persons. Mr. Bhusal discussed the power and responsibilities of the NCCHT and its role in the changed state structure. He also briefly discussed various efforts that have been made by Ministry to control human trafficking, including the national action plans. Mr. Bhusal shared some of the problems that pose challenges to working effectively to control the crime. He also shed light on the abundant opportunities we have to work on the issue and the efforts that can be made with the increase in use of technology, the power of local level authorities and the increasing number of organizations working on the sector. He emphasized the future strategies of the NCCHT.
He indicated that the NCCHT is planning to rigorously work with civil society organizations and is clear that effective coordination and partnership between them is required. He also shared that MOWCSC is planning to conduct an orientation and training program for public representatives
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and officials at the local level to work on the issue and include it in their action plan. He also indicated that they are working to include human trafficking under the local disaster risk management program and to establish rehabilitation centers in all 7 provinces. Mr. Bhusal also informed that the NCCHT is planning to devise a mechanism to collect, document and monitor the services provided by civil society.
Adv. Sabin Shrestha. The Executive Director of FWLD discussed the necessary reforms in the HTTCA. He emphasized that the definition of sexploitation does not cover labor exploitation which is a burning issue now. The law emphasizes sexual exploitation as the purpose of trafficking when it should in fact be broader. He stated that the definition is not in line with international standard of Palermo Protocol also known as UN TIP protocol. Mr. Shrestha discussed that the rescue provisions of the HTTCA obligate the Government of Nepal to manage for the rescue of any Nepali citizen sold in the foreign land. However, it is silent regarding the rescue of Nepali citizens trafficked within Nepal or in Nepal and who are in situations of forced labor and exploitation. He also discussed about the provision of compensation, establishment of rehabilitation center and about other institutional arrangements to combat trafficking in the changed structure of the country.
Reflection
Participants had a very intense discussion in the issue. Many raised issues regarding the rescue of the victims of trafficking. They stated that most of the times the government is passive in regard to rescue of victims and a lot of formalities have to be complied for the same. Similarly, the government funded rehabilitation centers which are being operated by civil society organizations lack resources, expertise and funding as well. A representative from National Women Commission was of view that the amendment should also include provisions covering trafficking in situations during disasters. She was of view that the earthquake of April 2015 has taught us a lesson that the criminal group wait for such opportunities to easily traffic women and children. Participants were also of view that there should be special provisions when the victims of trafficking are persons with disability. Participants also emphasized that since trafficking involves two or more countries at many times there should be clear provisions in the law regarding inter country rescue system. They were also of view that the information on trafficking should be in the school curriculum. Similarly, representative from the Nepal Police Anti– Human Trafficking Bureau informed the group that the Bureau is now entirely dedicated to work against trafficking and they are now at a very early stage of formation and with guidance and support from all the actors working against the crime they can achieve their targeted goals.
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