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Trafficking in Persons Report (TIP) Annually Since 2001

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Trafficking in Persons Report (TIP) Annually Since 2001 TRAFFICKING IN PERSONS National Report 2013-2015 National Human Rights Commission (NHRC) Office of the Special Rapporteur on Trafficking in Persons (OSRT) Harihar Bhawan, Pulchok, Lalitapur, Nepal March, 2016 Published by : National Human Rights Commission Copy Rights P.O. Box No.: 9182 Ph. No.: 5010015/16/17/18 E-mail: [email protected] Website: http://www.nhrcnepal.org Report No. : Central Office 200 Published Date : March 2016 Copies : 500 Supported by : Strengthening the Capacity of National Human Rights Commission (SCNHRC) Project Printed at : National Printing Service, Babarmahal Ph: 01-4258394, [email protected] Foreword The pervasive problem of human trafficking has a long history in the world. While going through the pages of history, the form of human trafficking has undergone vast changes and it is known as the Modern Day Slavery. In the bygone century, slaves were traded and in recent years, human trafficking is committed basically for sex exploitation, in the pretext of foreign employment and trading of human organs, marriage with foreigners as well as employment in entertainment industry as often brought to light by various media reports. Specially the women, children and even the male facing the problem emerged through situation of the economic, social and political as well as and natural disaster are vulnerable to have been found victims of trafficking. Since this is a kind of organized crime, all the nations around the world are engulfed in the problem of one or the other form of trafficking in the country of origin, transit and destination. Trafficking in persons has been the problem worldwide and therefore the transnational support, coordination and commitment to prevent and control this is inevitable. The United Nations has developed various international human rights instruments for the protection and promotion of human rights such as the Convention on the Eliminations of all Forms of Discrimination against Women-1979 (CEDAW), Convention on the Rights of Child -1989 and its Protocol, Covenant on Economic, Social and Cultural Rights-1966, Covenant on Civil and Political Rights-1966, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families-1990, Convention against Transnational Organized-Crime (CTOC), Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), International Labor Organization (ILO) Conventions, South Asian Association for Regional Cooperation (SAARC) Convention on preventing and combating Trafficking in Women and Children for Prostitution-2002. These apart, various committees have facilitated a number of concerns and suggestions on the issues related to trafficking in line with the UN conventions while the World Conference on Human Rights and its work plan stresses the importance of state obligation towards working on the elimination of violence against women in public and private life, the elimination of all forms of sexual harassment, exploitation and trafficking in women. While we look at the national level, the national laws including the national action plan on conrolling human trafficking have been in enforcement for controling human trafficking at par with the international conventions and treaties to which Nepal is a party. However, the effectiveness of the implementation of these instruments is in dismal state. In this concern, the National Human Rights Commission has advanced its activities by establishing the Office of the Special Rapporteur of Trafficking (OSRT) under its purview to address the issues of human trafficking with high priority for its prevention and control. Likewise, the Strategic Plans of 2004-08, 2008-10 and 2011-14 of the NHRC have been implemented with the advocacy and policy based recommendations facilitated for the control and prevention of human trafficking while the Current Strategic Plan of NHRC 2015-2020 has given special priority to the prevention and control of human trafficking by making concerted efforts towards the protection of the rights of migrant workers through economic, social and cultural rights. Together with the suggestions and policy based recommendations the Commission has been publishing the National Report on the status of trafficking in persons specially on women and children since 2005 AD and this is the seventh report. The National Report on the status of TIP is based on primary as well as secondary sources of information gathered through various studies and research, data collection, relevant details entailed with the status of human trafficking, vulnerability to foreign labor migration, post earth quake situation of human trafficking and its vulnerability, the efforts made by Government agency and i various Non-Governmental Organizations for the prevention and control of the pervasive problem of human trafficking, judicial response, implementation status of the Human Trafficking and Transportation (Control) Act-2007 and the suggestions and recommendations as well as way forward. While we look at the data related to the human trafficking, record maintained by the Nepal Police unveils minimum number of complaints registration. On the other hand, data with regard to rescue and repatriation of the trafficked survivors of cross border and transnational trafficking by NGOs shows that it is exceptionally in inclining trend. However, it is difficult to determine the explicit data of trafficking of world scenario. With regard to the form and the trend of human trafficking, it is committed for sex exploitation, in the pretext of foreign employment and the trading of human organs, marriage with the foreigners, employment in entertainment industry, child labor including the post disaster trafficking. Also, while we look at the form and trend, the women and children are found more vulnerable to trafficking. The mechanisms established to prevent and control, on the other hand, is found still not more effective. Despite the fact that the Government of Nepal has brought various Acts including Foreign Employment Act-2007, Human Trafficking and Transportation (Control) Act 2007, National Plan of Action on controling human trafficking 2011-2021, National Minimum Standards for protction and care of the trafficking survivors 2012, National Child Protection Policy-2012, Foreign Employment Policy and the Mechanism established in accordance with it, the victims do not have access to justice for the prevention and control of trafficking. Internal trafficking in the field of entertainment industry and the exploitation in this field hasn't seen any improvement more effectively. The Guidelines 2009 (2065) issued as per the Supreme Court order and the work of district level Monitoring Action Committees (MAC) as per the SC Order to control the exploitation and plight of female workers haven't proved to be effective. Honorable Commissioners including Mohna Ansari and Secretary deserve thanks appreciations for their invaluable guidance, supervision and necessary suggestions to the report preparation team. Mr Kamal Thapa Kshetri, Human Right Officer of the NHRC-OSRT deserves acknowledgement for painstaking effort in designing, writing and coordinating through consultation and discussion programs with the GOs, NGOs and CSOs to produce this report. Dr. Govind Subedi, the consultant deserves thanks for his hard work and efforts to prepare and finalize this report. Similarly the Strengthening the Capacity of National Human Right Commission (SCNHRC) team also deserves thanks for their technical and financial support to prepare this Report. I would also like heartily thank the Alliance Against Trafficking of Women in Nepal (AATWIN), different NGOs including various agencies of Government of Nepal for providing reliable information & data. I believe that this report will contribute to provide a reference for monitoring and evaluating policies, Acts and programs along with policy references. Last but not the least, NHRC would consider this report to be fruitful and prove to a vital document for monitoring and evaluating policies while combating formidable trafficking in persons. Anup Raj Sharma Chairperson National Human Right Commission, Nepal ii Report Writing Team Kamal Thapa Kshetri Human Rights Officer National Human Right Commission Office of the Special Rapporteur on Trafficking in Persons (NHRC -OSRT), Nepal Yesoda Banjade Human Rights Officer National Human Right Commission Office of the Special Rapporteur on Trafficking in Persons (NHRC -OSRT), Nepal Dr. Govind Subedi National Consultant iii Acronyms and Abbreviations AATWIN Alliance against Trafficking in Women and Children in Nepal CAP Nepal Center for Awareness Promotion Nepal CBO Community Based Organization CBS Central Bureau of Statistics CCWB Central Child Welfare Board CEDAW Convention on the Elimination of All Forms of Discrimination against Women CRC Child Rights Convention CTIP Combating Trafficking in Persons Project CWIN Child Workers Concerned Center in Nepal DCCHT District Committee on Controlling Human Trafficking DoFE Department of Foreign Employment DR Development Regions EPS Employment Permit System FEA Foreign Employment Act 2007 of Nepal FEPB Foreign Employment Promotion Board FGD Focus Group Discussion FSW Female Sex Workers FWLD Forum for Women, Law and Development FY Fiscal Year GBV Gender based Violence GCC countries Gulf Cooperation Council Countries GDP Gross Domestic Product GECU Gender
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