TRAFFICKING IN PERSONS

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• Carried out a monitoring study of earthquake hit districts from April 25 to May 27, 2015 - The monitoring team visited the districts and had interactions with the Governmental agencies, survivors of the quake, security forces and human rights organizations. NHRC recommended the GoN for immediate relief of the victims of the quakes by ensuring the protection of children and women from violence and trafficking. • Visited Qatar with the team leading by Hon’ble Chairperson – Justice Anup Raj Sharma- and conducted MoU with the National Human Rights Committee in the State of Qatar on November 16, 2015. The MoU is fundamental step of NHRC to protect the rights of Nepali migrant workers in Qatar, and counter forced labor, trafficking and exploitation of Nepali migrant workers to Qatar including in other destination countries. MoU reached to the 10 points agreements (Box 4.2). Box 4.2 MoU between the NHRC Nepal and National Human Rights Committee Qatar First: The memorandum shall enter into force after the signing of MoU and remains in effect for Four years from 16 November 2015 up to 15 November 2019, subject to renewal upon explicit mutual agreement of both parties, with a 3 months prior notice. Second: Both parties shall work together to advance Nepalese workers' rights in the State of Qatar, as well as in Nepal and in other countries interested in working to that end. Third: Both parties will work on capacity building in Qatar, Nepal, and other interested countries, through the implementation of labor training and education programs at the level of ministries, and other related agencies, including staff of both parties, in particularly on issues related to labor migration, forced labor and human trafficking. Fourth: Both parties will work on educating workers, employers and managers, recruiters, developers, workers' associations and diplomatic missions on the issues of rights of migrant workers, existing legislation, international agreements, and the ILO labor conventions. Fifth: Both parties will work on establishing partnership with concerned ministries, agencies and organizations in order to improve workers' conditions and to support them in pursuing the rights of migrant Nepalese workers. Sixth: Both parties shall work with the proper jurisdictions in order to prevent trafficking of persons and forced labor in Qatar and Nepal. This shall include educating workers, employers, diplomatic missions, immigration officials and relevant ministries regarding the identifying and addressing forced labor and trafficking within labor migration and mechanisms available for rescue, repatriation, redress and restitution in both countries. The two parties shall act to help for the identification of victims of human trafficking and forced labor and work on the improvement of services provider, following a flexible "activation plan" developed with input from the two parties. Seventh: Both parties shall monitor the implementation of prevailing labor migration laws and policies by respective governments to ensure adherence to international labor standards and international human rights instruments. Eight: The two parties shall establish a community help desk, exchange of visits and information sharing, following a flexible "activation plan", developed with input from the two parties. Ninth: In case of breach of any of the agreement provisions by any parties, any of the both parties may terminate this memorandum without further conditions of constraints with a two month notice by either party. Tenth: This agreement does not bind the both parties by any financial, administrative or legal obligations. • Prepared the Human Rights situation during the agitation before and aftger promulgation of the Consitution of Nepal 2015 – The monitoring report is prepared by visiting the 28 districts mostly Terai of Nepal. Among others, it recommended to operate schools located in the agitating districts, to ensure working environment for human rights defenders and journalist. Operation of schools regularly is crucial in order to prevent trafficking of children. 83
5.6 NGOs Responses A number of NGOs are involved in anti-trafficking activities in Nepal. Some of the NGOs have specific anti-trafficking activities, other work in internal trafficking issues while others have activities related to safe migration, empowerment of women and children. NGOs can be classified into four areas in terms of their focus areas of activities: I. NGOs mainly involved in safe-migraiton and access to justice of the migrant workers – Non- Resident Nepali Association (NRNA), Peoples’ Forum for Human Rights, Pourakhi Nepal, Pravasi Nepali Coordination Committee (PNCC). II. III. IV. NGOs mainly involved in anti-trafficking, women empowerment – AATW<strong>IN</strong>, Gramin Mahila Srijanshil Pariwar- Sindhupalchok, Himalayan Human Rights Monitors (HimRights), KI-Nepal (Kingdom Investment Nepal), Maiti Nepal, Tiny Hands Nepal, Women Skill Creation Centre Nepal- Makwanpur, PPR Nepal, Rurual Reconstruction Nepal, Saathi, Shakti Samuha, Women Rehabilitation Center (WOREC) Nepal. NGOs mainly involved in child rights and anti-trafficking issues – CW<strong>IN</strong> and Nepal GoodWeave Foundation. NGOs mainly involved in entertainment sectors and internal trafficking - Biswas Nepal, Change Nepal, CAP Nepal, Chhori, FHI 360 Nepal and Women Forum for Women in Nepal (WOFOWON) I. NGOs Mainly Involved in Safe-Migraiton Issues Non-Resident Nepali Association (NRNA) – It has become a good global network for dealing with the rights of Nepali migrant workers. Established in 2003, it has now extended to 71 countries where National Coordination Centers have already been established. NRNA is a Nepali citizen living outside South Asian Association for Regional Cooperation (SAARC) member countries or a person of Nepali origin holding foreign nationality other than SAARC nations. Among others, NRNA’s one strategic goal is to ‘promote and protect the rights and interest of Nepali residing outside Nepal’ to ‘promote and support fair and equitable rights of Nepali migrant workers’. It has already conducted seven global conferences and eight regional conferences. According to the press statement of the Secretariat of NRNA (http://nrna.org.np/newspage-87), the seventh Global Conference held in Kathmandu in October 2015 came up with an agreement to establish network of NRNA, Interpol, Nepal Police, Government of USA, Government of Australia and Government of Indonesia to combat trafficking in persons jointly. This Agreement called ‘Kathmandu Process’ has brought NRNA formally into the social movement of fighting against TIP at the global level. It is reported that currently, the National Coordination Centers of the NRNA in Gulf state, Thailand, and African countries are engaged to support to rescue the victims of trafficking. According to the Chairperson of NRNA - Mr. Shesh Ghale, he witnessed that many Nepali MWWs are living in a dangerous state in African countries. Non-Resident Nepali Association (NRNA) in partnership with FEPB and ILO established ‘Foreign Employment Information and Counseling Center’ at the Sram Gram (Labor Village) located at the premise of DoFE in Kathmandu. The main objective of the Center is to provide appropriate information to the potential migrant workers about the countries of destination: its laws, regulations, culture, food, traffic regulations including nature of work, salary, holidays and other necessary information. ILO provided support for the physical facilities of the Center while NRNA operates the Center. The Center has staff of Information Officers and Legal Counseling Officers. Peoples’ Forum for Human Rights – This is one of the leading NGOs working on safe migration issues, especially in areas of providing legal support to the survivors in relation to foreign employment. In addition to providing the legal support, People’s Forum has also sought Supreme 84
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TRAFFICKING IN PERSONS National Rep
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Foreword The pervasive problem of h
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Report Writing Team Kamal Thapa Ksh
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NMS NMSCPV NMS OAG PAF PNCC PPR Nep
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Chapter 4 48 Foreign Labor Migratio
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On Situation of TIP Assessing the s
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International Law found a number of
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substantially declined over the yea
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have been formed in the country. Th
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Special Type of Cases; increase bud
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1.2 Definition of Trafficking in Pe
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Women and Children for Prostitution
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1.6 Organization of the Report This
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migration and child rights issues.
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2.3 Reported Cases of Trafficking i
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Table 2.4 Distribution of trafficki
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2.3.3 Characterizing the Trafficked
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Crossing the Border - In the major
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These all studies establish the fac
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Kathmandu and Kathmandu to differen
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Table 2.11 Overview of child labor
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Table 2.13 Number of child victims
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years. Of the three intercountry ad
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2.6.6 Interception of Children by N
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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: Table 5.12 Overview of child helpli
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
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Contd. Appendix 5.1 FY 2013/14 FY 2
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Appendix 5.2 Mobilization of budget
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Contd. Appendix 5.2 SN Name & Addre
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Contd. Appendix 5.2 SN Name & Addre
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Kattel 29 Bir Bahadur Human Rights
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19 Sarita Adhikari Teka Samuha 20 R
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