TRAFFICKING IN PERSONS

Recommendations

Info

Executive Summary National Human Rights Commission of Nepal (NHRC) is an independent, autonomous and constitutional body responsible for the protection, promotion, and enforcement of the human rights in Nepal. It recognizes that trafficking in persons (TIP) violates the right to liberty, human dignity, and the right not to be held in slavery or involuntary servitude. Office of the Special Rapporteur against Trafficking (OSRT) in Persons under the NHRC is responsible to monitor the incidence of trafficking; coordinate national, regional and international efforts to combat trafficking and generate high level commitment to efforts aimed at improving the human rights situation of women and children in Nepal. OSRT-NHRC has already published six national reports on Trafficking in Persons Especially Women and Children in 2005, 2006/07, 2008/09, 2009/10, 2011 and 2012/13. This Report is the continuation of previous reports but it takes into account the different timeframe i.e. two Fiscal Years 2013/14 and 2014/15 and deals with the situation of TIP aftermath of the April 25, 2015 massive Earthquake of Nepal. This Report utilizes definition of human trafficking from: i) the definition of UNs Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 2000 supplementing the UN Convention against Transnational Organized Crime (hereafter UN Protocol on Trafficking) and the definition provided by the Human Trafficking and Transportation (Control) Act 2007 (hereafter HTTCA) of Nepal. The Trafficking Protocol requires that the crime of trafficking be defined through a combination of three constituent elements acts, means and purpose of trafficking. The HTTCA 2007 defines trafficking in person into two forms: i) human trafficking and ii) human transportation and accordingly offers the punishment. This Report is mainly built upon the concluding comments raised by the UN Committee on the Elimination of Discrimination against Women, CEDAW (fourth and fifth combined report of Nepal, 2011) and Committee on the Rights of the Child provided Concluding Observation on 2012. The CEDAW Committee calls for the Government of Nepal (GoN) to effectively implement Article 6 of the CEDAW. It also raises the issues of woman migrant workers (WMWs), especially of undocumented migrant workers for their protection in all life cycle of migration: pre-departure, departure, transit and working at abroad including return phases. While welcoming the different legal and institutional efforts implemented so far in Nepal to combat the sale of children, the Committee on the Rights of the Child urges the GoN to adopt the necessary measures for the prevention of child trafficking, prosecution of trafficking offences, and protection of victims of trafficking. This Report is prepared through using both primary and secondary data. Secondary data were used by reviewing annual progress Reports of different Ministries, Departments, Office of the Attorney General (OAG), Supreme Court including the Annual or progress Reports of NGOs. In case of primary data, NHRC-OSRT designed a format for collection of data from the concerned organizations and the format was sent to the GOs/NGOs. The format captured information related to prevention, protection, prosecution, and networking/coordination/collaboration and capacity development. Further, information was also collected after the three months of the deadly earthquake of April 25, 2015. Some of the GOs/NGOs provided their responses in the prescribed format while others sent their Annual Reports for review. On December 15, the Draft Report was shared among the key stakeholders of anti-trafficking initiatives and on December 19, the revised Draft Report was shared with the Hon’ble Chairperson and Commissioners of NHRC and the feedback from them was also incorporated before finalization of the Report. The Report mainly utilizes secondary informaton from different Governmental and non- Governmental organizations. The data /information were closely scrutinized and analyzed. The Report is structured in Seven Chapters. Major finding of the Report is as follow: viii
On Situation of TIP Assessing the situation of TIP is a difficult task as there is no systematic and centralized countertrafficking database system in Nepal. Data are produced by different organizations for their own purpose of use. The methods of collection and compilation, definition, coverage and reference period all vary. Despite this, the existing database system can be divided into five categories: law enforcement status, prosecution and execution status, protection status of trafficked survivors and persons vulnerability to trafficking, assessing the situation of prevention of trafficking and assessing the situation of foreign employment. The Report attempts to provide the estimates of the TIP based on the NGOs and Police Record. A total of 9,000 to 9,500 persons were attempted to traffic, and 8,000 to 8,500 persons were trafficked in each of the FYs 2013/14 and 2014/15. Evidence suggests that the number of the interception of the vulnerable persons has increased after the earthquake – an increase by at least 15 percent before and after three months of the earthquake. There has been considerably far lower number of TIP cases registered in Nepal Police in the FY 2013/14 and FY 2014/15 (185 and 181 cases, respectively). There are several reasons for the underreporting and under-registration of human trafficking cases including an overlap in measures of Foreign Employment Act (FEA) and the HTTCA 2007. By districts, the number of trafficking cases was the highest in Jhapa (18), followed by Morang (16), Kaski (15), Banke (15) and Sindhupalchok (7) in FY 2013/14 while in FY 2014/15, the top-five districts with large number of TIP cases were in Rupandehi (16), Morang (15), Jhapa (14), Kaski (11), Kailali (10) and Banke (10). Studies show that the trafficked survivors originated across the country. Of the total 191 trafficked survivors who participated in the Third National Conference of Shakti Samuha in 2014, the highest proportion (56%) were Janajati (56%), followed by Dalit (21%) and other caste groups (20%). Data from the Supreme Court Judgments also confirm that majority of trafficked survivors comprised of Janajati (37%), followed by Brahman/Chhetri/Dasanami (32%) and Dalit (16%). Traffickers are not only strangers but they are mostly own relatives and persons who are known. In terms of destination of trafficking, majority are being trafficked to India, but internal trafficking and trafficking to Gulf state have also evolved. Data reveal that trafficking takes place for multiple purposes especially for sexual exploitation, labor exploitation and other purposes such as marriage and illegal organ extraction. Records of the Nepal Police reveal that an overwhelmingly majority of the trafficked survivors are either no schooling or they are just literates (85% in the FY 2013/14 and 68% in FY 2014/15). Majority of trafficked survivors comprised of unmarried persons. In terms of religion, 85 percent of the trafficked survivors are reported to belong to Hindus while 11 and 2.5 percent are Buddhist and Islam, respectively. Trafficking accused persons can be characterized as predominantly males, youth, illiterates or having few years of schooling and involved in low economic activities. They come from across the caste/ethnic and religious groups of Nepal. Majority of the traffickers are males (70%) while rest 30 percent are females. Two-thirds of the trafficking accused persons are young people (64% and 69% in FY 2013/14 and in FY 2014/15, respectively). An overwhelmingly majority (87%) of the trafficking accused persons in the FY 2013/14 are either illiterate or literate only, and the comparable figure for the FY 2014/15 is 56 percent. In terms of occupation of the trafficking accused persons, they are involved in all sectors of economy including in agriculture, non-agriculture sectors such as service, business and wage laborers. It is found that 71 percent of the 160 imprisoned traffickers of Kathmandu valley interviewed in 2014 by Dhakal et al., (2015) were involved in trafficking crime before they had attained their 30th birthday. The median age of the traffickers is 25 years. It is found that traffickers are poor (63% in the 2006 study and 78% in the 2014 study) persons. The study of imprisoned traffickers gives some ix
Page 3 and 4: TRAFFICKING IN PERSONS National Rep
Page 5 and 6: Foreword The pervasive problem of h
Page 7 and 8: Report Writing Team Kamal Thapa Ksh
Page 9 and 10: NMS NMSCPV NMS OAG PAF PNCC PPR Nep
Page 11: Chapter 4 48 Foreign Labor Migratio
Page 15 and 16: International Law found a number of
Page 17 and 18: substantially declined over the yea
Page 19 and 20: have been formed in the country. Th
Page 21 and 22: Special Type of Cases; increase bud
Page 23 and 24: 1.2 Definition of Trafficking in Pe
Page 25 and 26: Women and Children for Prostitution
Page 27 and 28: 1.6 Organization of the Report This
Page 29 and 30: migration and child rights issues.
Page 31 and 32: 2.3 Reported Cases of Trafficking i
Page 33 and 34: Table 2.4 Distribution of trafficki
Page 35 and 36: 2.3.3 Characterizing the Trafficked
Page 37 and 38: Crossing the Border - In the major
Page 39 and 40: These all studies establish the fac
Page 41 and 42: Kathmandu and Kathmandu to differen
Page 43 and 44: Table 2.11 Overview of child labor
Page 45 and 46: Table 2.13 Number of child victims
Page 47 and 48: years. Of the three intercountry ad
Page 49 and 50: 2.6.6 Interception of Children by N
Page 51 and 52: Table 3.1 Estimated loss due to the
Page 53 and 54: 3.1.4 Effects on Employment and Wel
Page 55 and 56: Table 3.8 Estimated number of child
Page 57 and 58: At least 245 children have been int
Page 59 and 60: Box 3.1 Key issues and concerns Key
Page 61 and 62: Case 3.1 Surge of trafficking of gi
Page 63 and 64:
conducted in other four places: Bar
Page 65 and 66:
• Distributed posters, pamphlets
Page 67 and 68:
United Nations Population Fund (UNF
Page 69 and 70:
Chapter 4 Foreign Labor Migration a
Page 71 and 72:
proportion of absentee population i
Page 73 and 74:
Table 4.5 Distribution of foreign l
Page 75 and 76:
Table 4.7 shows both annual flow an
Page 77 and 78:
percent in FY 2011/12 to 38 percent
Page 79 and 80:
Dimensions of Complaints and Access
Page 81 and 82:
Migrant Workers in Difficult Situat
Page 83 and 84:
• Extending and promotion foreign
Page 85 and 86:
Foreign Employment Promotion Board
Page 87 and 88:
Box 4.2 Bilateral Agreement and MoU
Page 89 and 90:
• Maintaining the information/dat
Page 91 and 92:
Figure 5.1 Mechanism for controllin
Page 93 and 94:
• Has implemented (2010-2015) Com
Page 95 and 96:
Table 5.3 Budget spent in the FY 20
Page 97 and 98:
5.4.3 Activities Carried Out by the
Page 99 and 100:
Table 5.6 An overview of women deve
Page 101 and 102:
The share of children from the disa
Page 103 and 104:
Table 5.12 Overview of child helpli
Page 105 and 106:
5.6 NGOs Responses A number of NGOs
Page 107 and 108:
Domestic Violence Act and also advo
Page 109 and 110:
• Assisted rescuing of 23 persons
Page 111 and 112:
• Conducted 52 health camps in 11
Page 113 and 114:
escued mainly from abroad. More tha
Page 115 and 116:
5.7 Media Responses Media are the i
Page 117 and 118:
Chapter 6 Legal Framework, Enforcem
Page 119 and 120:
• With the complaint of the retur
Page 121 and 122:
Provisions Relating to Offences and
Page 123 and 124:
Despite these efforts, it was also
Page 125 and 126:
Committee for controlling human tra
Page 127 and 128:
within the MoWCSW. Counter Traffick
Page 129 and 130:
Table 6.2 Number of trafficking cri
Page 131 and 132:
Chapter 7 Conclusions and Recommend
Page 133 and 134:
1. Prevention: Towards Reorienting
Page 135 and 136:
II. Protection: Towards Adoption an
Page 137 and 138:
III. Prosecution: Towards Reorienti
Page 139 and 140:
7.3 Recommendations of this Report
Page 141 and 142:
References Advocacy Forum Nepal (AF
Page 143 and 144:
Raw Data Obtained Government Office
Page 145 and 146:
Appendix 2.2 Number of women and ch
Page 147 and 148:
Appendix 2.3 Modus operandi of huma
Page 149 and 150:
Appendix 2.4a Number of child labor
Page 151 and 152:
Appendix 4.1 Countries opened up fo
Page 153 and 154:
Appendix 5.1 Number of persons prov
Page 155 and 156:
Contd. Appendix 5.1 FY 2013/14 FY 2
Page 157 and 158:
Appendix 5.2 Mobilization of budget
Page 159 and 160:
Contd. Appendix 5.2 SN Name & Addre
Page 161 and 162:
Contd. Appendix 5.2 SN Name & Addre
Page 163 and 164:
Kattel 29 Bir Bahadur Human Rights
Page 165 and 166:
19 Sarita Adhikari Teka Samuha 20 R
show all

TRAFFICKING IN PERSONS

Create successful ePaper yourself

Delete template?

Save as template?