United Nations Office on Drugs and Crime, Regional Office for SouthAsia September 2019 Copyright © UNODC 2019 Disclaimer: The designations employed and the contents of this publication, do not imply the expression or endorsement of any opinion whatsoever on the part of UNODC concerning the legal status of any country, territory or city, or its authorities, or concerning the delimitation of its frontiers or boundaries. EP 16/17, Chandragupta Marg, Chanakyapuri New Delhi - 110021, India Tel: +91 11 24104964/66/68 Website: www.unodc. org/southasia/ Follow UNODC South Asia on: This is an internal UNODC document, which is not meant for wider public distribution and is a component of ongoing, expert research undertaken by the UNODC under the GLO.ACT project. The objective of this study is to identify pressing needs and offer strategic solutions to support the Government of Nepal and its law enforcement agencies in areas covered by UNODC mandates, particularly the smuggling of migrants. This report has not been formally edited, and its contents do not necessarily reflect or imply endorsement of the views or policies of the UNODC or any contributory organizations. In addition, the designations employed and the presentation of material in this publication do not imply any particular opinion whatsoever regarding the legal status of any country, territory, municipality or its authorities, or the delimitation of its frontiers or boundaries. The boundaries and names shown, and the designations used in all the maps in this report, do not imply official endorsement or acceptance by the United Nations and the UNODC. TABLE OF CONTENTS FOREWORD 1 ACKNOWLEDGEMENTS 3 ABBREVIATIONS 4 KEY TERMS USED IN THE REPORT AND THEIR DEFINITIONS/MEANINGS 5 EXECUTIVE SUMMARY 7 1. INTRODUCTION 11 1.1 Background 12 1.2 Purpose of the report 14 1.3 Overview of research and information collection process 15 1.4 Limitations of the report 16 2. SITUATION ANALYSIS OF SMUGGLING OF MIGRANTS AND TRAFFICKING IN PERSONS FROM NEPAL 17 2.1 Situation analysis of smuggling of migrants from Nepal to the Americas 18 2.1.1 Overview 18 2.1.2 Push and pull factors in Nepal related to the smuggling of migrants, irregular migration and trafficking in persons 22 2.1.2.1 Push factors from Nepal 23 Case Study 1: Smuggling of Nepalese women to Haiti 24 Case Study 2: The Case of Trafficking to Kuwait 26 2.1.2.2 Pull factors of destination/transit countries 27 2.1.3 Profile of smuggled and irregular migrants 28 2.1.4 Modus operandi and smuggling routes 31 2.1.4.1 Smuggling of migrants to the United States of America 31 Case Study 3: The smuggling of teenagers from India 38 2.1.4.2 Smuggling of migrants to Europe 48 2.1.4.3 Smuggling of migrants and Trafficking In Persons from Nepal to South Africa 50 2.1.5 Profile of migrant smugglers 51 Case Study 4: Woman Smuggler 54 Case Study 5: The story of Rakhi Gauchan, the female smuggler of Nepalese origin in the US 55 2.1.6 Conditions and risks facing smuggled migrants 56 Case study 6: The journey of Bahadur Paija from Nepal 58 2.1.7 Fees and financing 59 2.2 Situational analysis of trafficking in persons from Nepal to South Africa and East Africa 61 2.2.1 Trafficking in dance bars in Kenya 61 2.2.2 Profile of trafficked victims 62 2.2.3 Modus operandi of traffickers for recruitment 63 2.2.4 Conditions and risks facing trafficked persons 63 3. LEGAL FRAMEWORK ON SMUGGLING OF MIGRANTS AND TRAFFICKING IN PERSONS 65 3.1 International instruments 66 3.1.1 The Global Compact for Safe, Orderly and Regular Migration 69 3.2 Regional initiatives 70 3.3 National legislative, regulatory and policy frameworks 70 3.3.1 Analysis of the legal and policy framework in Nepal on Smuggling of Migrants and Trafficking in Persons 70 3.3.1.1 Broad Legal Framework in Nepal on Smuggling of Migrants and Trafficking In Persons 70 3.3.1.2 Institutional and regulatory framework in Nepal on Smuggling of Migrants and Trafficking In Persons 73 3.3.1.3 Policies and Plans 75 3.3.2 Legal and policy framework in Brazil 76 3.3.2.1 Broad Legal Framework in Brazil on Smuggling of Migrants and Trafficking In Persons 77 3.3.2.2 Institutional and regulatory framework in Brazil on Smuggling of Migrants and Trafficking In Persons 78 3.3.2.3 Policies and Plans 78 3.3.3 Legal and policy framework in Colombia 79 3.3.3.1 Broad Legal Framework in Colombia on Smuggling of Migrants and Trafficking In Persons 79 3.3.3.2 Institutional and regulatory framework in Colombia on Smuggling of Migrants and Trafficking In Persons 79 3.3.3.3 Policies and Plans 80 3.3.4 Legal and policy framework in South Africa 80 3.3.4.1 Broad Legal Framework in South Africa on Smuggling of Migrants and Trafficking In Persons 80 3.3.4.2 Institutional and regulatory framework in South Africa on Smuggling of Migrants and Trafficking In Persons 81 3.3.4.3 Policies and Plans 81 4. RESPONSES TO SMUGGLING OF MIGRANTS AND TRAFFICKING IN PERSONS 83 4.1 Criminal justice responses 84 4.1.1 Corruption/ complicity of officials 87 4.2 International co-operation 87 4.3 Protection and support for smuggled migrants and trafficked victims 88 5. RECOMMENDATIONS TO PREVENT SMUGGLING OF MIGRANTS AND TRAFFICKING IN PERSONS 91 5.1 Join the international legal framework on smuggling of migrants and trafficking in persons 92 5.2 Develop and strengthen national migrant smuggling laws and policies 93 5.3 Strengthen international cooperation to prevent and combat migrant smuggling 93 5.4 Enhance the collection, sharing and analysis of migrant smuggling and human trafficking and related conduct data 95 5.5 Improve the investigation and prosecution of migrant smugglers and smuggling networks 96 5.6 Develop strategies to address prevention of migrant smuggling through targeted awareness programmes 97 ANNEXURE 1 - CASE STUDIES 98 Case Study 1: Smuggling of Nepalese women to Haiti 98 Case Study 2: The Case of Trafficking to Kuwait 100 BIBLIOGRAPHY 102 FIGURES CHAPTER 1 Figure 1: Snapshot of international migrants Figure 2: Snapshot of male and female international migrants Figure 3: Top 20 desired destination countries among adults planning to migrate (percent) CHAPTER 2 Figure 4: Remittances received in USD Figure 5: Map of South Asia Figure 6: Popular destination countries in East Asia, Southwest Asia, South Asia, Southeast Asia, North America and Oceania for the smuggling of migrants from South Asia Figure 7: Haiti, the new port of choice to America Figure 8: Push and pull factors Figure 9: Number of South Asian migrants who attempted to enter the US through the southern border without proper documentation Figure 10: Map of Central and South America Figure 11: One of the smuggling routes from Nepal-India to US from Ecuador Figure 12: South Asian migrants using Brazil as transit point for entry into the US Figure 13: Brazil to Bolivia or Colombia or Peru Figure 14: Irregular migrants recorded in Colombia Figure 15: Men from Nepal and India board boats in Turbo, Colombia, headed north Figure 16: One of the routes from Nepal to the US through Brazil – Colombia - Darién Gap Figure 17: Number of Nepalese migrants traversing the Darién Gap Figure 18: Map of the Darién Gap and the break in the Pan-American Highway between Yaviza, Panama and Turbo, Colombia Figure 19: Nepalese migrants, heading to the US, lie exhausted on the ground at a border checkpoint after crossing the Darién Gap Figure 20: A chart shows the number and nationality of migrants captured in or near Paya, Panama, during a one-month period in early 2016 Figure 21: Migrants from Nepal and Bangladesh in the Darién Gap Figure 22: A map showing the route many migrants take with the help of smugglers to get to US and Canada Figure 23: Waiting to enter the United States Figure 24: From South Asia to Europe Figure 25: Route from India to UK via Russia Figure 26: Arrested Nepali national by the Peruvian National Police Figure 27: Katia calls the migrants her “baby chickens” Figure 28: A group of Nepalese en route to US, hiding in a Cambodian forest Figure 29: Snapshot of smuggler’s fees during transit to the US Figure 30: Trafficking of Nepalese girls to dance bars based in the Middle East and African countries TABLES CHAPTER 2 Table 1: Key migration statistics for Nepal Table 2: Database of recorded Nepalese migrants in Brazil Table 3: Estimated costs of irregular migration CHAPTER 3 Table 4: Country’s signatory status to relevant international human trafficking and migrant instruments – Nepal, Bangladesh and India Table 5: Country’s signatory status to relevant international human trafficking and migrant instruments – Brazil, Colombia and South Africa FOREWORD The United Nations Office on Drugs and Crime (UNODC) is the guardian of the United Nations Convention against Transnational Organized Crime (UNTOC), and its Supplementary Protocols: The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against Smuggling of Migrants by Land, Sea and Air. UNODC promotes the ratification of these instruments and assists Member States in their efforts to effectively implement them. The UNODC is implementing in partnership with the International Organization for Migration (IOM) and the United Nations Children’s Fund (UNICEF), a four year (2015-2019) Global Action against Trafficking in Persons and the Smuggling of Migrants (GLO.ACT) project as a joint initiative with the European Union.