Sijapati This book reviews the current Trafficking and , state of knowledge on various Limbu aspects of trafficking and forced labour in Nepal. The first part Forced Labour in Nepal analyses issues related to different & Khadka forms of labour exploitation. It A Review of the Literature identifies the main obstacles to addressing associated problems and also highlights some of the Bandita Sijapati, Amrita Limbu best practices, before concluding Forced Nepal Labour and in Trafficking and Manisha Khadka with recommendations that could help make planned interventions more effective. The second part consists of a detailed annotated bibliography of 256 published books, papers and articles on the subject. It is divided into four broad categories of trafficking, forced labour, migrant labour, and traditional forms of bondage. The authors believe this will serve as a handy resource to both researchers and practitioners. Cover image: Promina Shrestha Cover design: Swosti Rajbhandari Book design & layout: Chiran Ghimire Trafficking and Forced Labour in Nepal Trafficking and Forced Labour in Nepal A Review of the Literature Bandita Sijapati, Amrita Limbu and Manisha Khadka with Sanjaya Aryal, Rooja Bajracharya, Nachong Gurung, Sampreety Gurung and Sanjay Sharma © Centre for the Study of Labour and Mobility, 2011 Published by Himal Books for the Centre for the Study of Labour and Mobility CentreISBN: 978 for 9937 the Study 8421 8of 1 Labour and Mobility Social Science Baha Ramchandra Marg, Battisputali, Kathmandu - 9, Nepal [email protected] Books • www.ceslam.org Regd. office: Himal Kitab Pvt Ltd Sales outlet: Tridevi Marg, Thamel, Kathmandu 1981 Tanka Prasad Ghumti Sadak, Maitighar, Kathmandu - 11 , Nepal [email protected] • www.himalbooks.com Printed in Nepal by City Offset, Kupondole, Lalitpur Rs 250 CONTENTS PartAcknowledgements One: Introduction to the Literature Review vii I. Background 3 II. Objectives and Methodology 4 III. Trafficking 6 Existing State of Knowledge 6 Research Gaps on Issues Related to Trafficking 10 and Their Implications IV. Forced Labour 14 Existing State of Information 14 Research Gaps Related to Forced Labour 20 and Their Implications V. Migrant Labour 21 Existing State of Information 21 Research Gaps Related to Migrant Labour 24 and Their Implications VI. Traditional Forms of Bonded Labour 26 Existing State of Information 26 Research Gaps Related to Bonded Labour 30 and Their Implications PartVII. Conclusion Two: Annotated and Recommendations Review of the Literature 31 I. Trafficking 43 II. Forced Labour 98 III. Migrant Labour 150 IV. Bonded Labour 179 ACKNOWLEDGEMENTS The Centre for the Study of Labour and Mobility (CESLAM) would like to thank Humanity United, San Francisco, for supporting this research and publication of the findings. In particular, thanks are due to Saadiya Zaaki, Lori Bishop and Ed Marcum of Humanity United for their constant support and encouragement. CESLAM would also like to express its gratitude to all the experts who consented to be interviewed in the course of the research as well as the participants of the stakeholders’ consultation for sharing their views on the initial findings. It would also like to thank all the organi- sations and individuals who readily shared their publications with the research team. Thanks are due to John Frederick for reviewing the manuscript and providing useful feedback. Also acknowledged is the help received from Shradha Ghale and Manesh Shrestha in copy-editing the manuscript. w Trafficking and Forced Labour in Nepal viii Introduction to the LiteraturePart Review One I. BACKGROUND As in many other resource-poor countries experiencing rapid popu- lation growth, economic stagnation, conflict and political instability, issues related to trafficking and severe forms of forced labour continue to plague Nepal. While government institutions, policy-makers, national and international non-governmental organisations (NGOs) continue to work on trafficking and labour-related issues, there remains much to be desired in terms of being able to effectively address the plight of indi- viduals caught up in the process. Articles 29(3) and (4) of the Interim Constitution of Nepal 2007, which is currently in force, state that ‘Traffic in human beings, slavery1 or serfdom is prohibited’ and ‘Forced labour in any form is prohibited’. Similarly, the government has ratified a number of international instruments such as the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), and the South Asian Association for Regional Cooperation Convention on Preventing and 2Combating Trafficking in Women and Children for Prostitution (2002). It has also enacted laws such as Human Trafficking and Transportation (Control) Act 2007. Despite these legal and regulatory regimes, Nepal, however, has not been able to eliminate various practices, such as human trafficking, and bonded and forced labour, that sully the image of a country firmly in the 21st century. Available information lays bare the inability of the governmentThe Interim to effectivelyConstitution ofimplement Nepal, 2063 its(2007), own laws to , 1 Government of Nepal, Ministry of Law, Justice and Parliamentary Affairs, Government of Nepal, Kathmandu 2008, p. 17. 2 The government of Nepal has yet to ratify the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000). w Trafficking and Forced Labour in Nepal 4 prevent such inhumane practices. Political instability, the decade-long insurgency and the period of transition that followed, corruption, lack of resources, the centralised system of governance, lack of awareness and education among the citizenry, are among the factors that have together hindered the capacity of the government to address these issues in a meaningful manner. In addition to efforts at the government level, there are many non- governmental organisations working for the protection of the rights of girls, women and children and against trafficking and forced/bonded labour. These groups have been pushing for policies that impose stricter border controls, prosecute perpetrators, and raise public awareness. But since these organisations work in discrete fields and as their research generally tends to be quite particular, the broader picture is often not all that clear. There is no survey of the literature in the areas mentioned and neither has any attempt been made to start an engaged dialogue among the stakeholders involved. II. OBJECTIVES AND METHODOLOGY Despite its international treaty obligations as well as domestic laws prohibiting any form of human trafficking, labour discrimination and exploitation, such practices are still very much prevalent in Nepal. The overall objective of this study was to compile and critically analyse the existing state of knowledge on different forms of human trafficking and forced labour existing in Nepal and how this affects different groups of people within and outside the country. In order to achieve this objective, with the support of Humanity United, the team conducted a review of the current state of knowledge/ understanding on issues of trafficking, forms of bonded and forced labour, migrant labour, and labour exploitation. The specific method- i. ology Literature used for thereview analysis is as follows: a. Academic literature on forced labour, trafficking, bondage, child labour, etc; b. Project reports and working papers published by different agen- cies working on these issues in Nepal; and c. Progress reports and annual reports brought out by various Introduction to the Literature Review w 5 organisations working on issues of forced labour, trafficking, ii. Consultationsmigration, etc. with different stakeholders a. Government officials, policy-makers; b. Practitioners, rights activists and journalists; and iii. Fieldc. Representatives visits to Western, of national Mid-Western and international and Far-Western organisations. Regions During the field visit to the Western, Mid-Western and Far-Western regions (Kailali, Bardiya, Banke, Dang and Rupandehi districts), issues relating to bonded labourers (ex-Kamaiyas, Haliya, Badis and Kamlari), and cross-border trafficking were examined. Team members visited ex- Kamaiya, Haliya and Badi settlements and hostels set up for Kamlaris, Nepal Police border posts, and booths set up by organisations like Maiti Nepal and others to prevent human trafficking. Further, interviews were also conducted with representatives of different NGOs, local gov- iv. ernment Stakeholders’ authorities Consultation and community Workshop members. A stakeholders’ consultation workshop was held on 27 September 2010 in Kathmandu. Participants included academics and representa- tives from various national and international organisations and donor agencies working on issues related to trafficking and forced labour. The research team presented its preliminary findings based on the literature review and individual meetings with different stakeholders working in the areas under consideration which led to a free-ranging discussion and resulted in some candid and useful feedback from the participants. The analysis presented here is thus based on a review of 256 different published sources and interviews with 92 experts/practitioners (57 interviews in Kathmandu and 35 in the districts where field research was conducted) as well as feedback from the consultation workshop.