TRAFFICKING IN PERSONS

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number of poor both would substantially increase in mountains and central hills of Nepal. The absolute number of poor at the national level, on the assumption of earthquake impact of medium will be nearly 800,000. It has been estimated that nearly 95 million work days have been lost; the drop-out rate of students at grade 8 is almost one percentage point higher than that of the national average and nearly 44 percent of the affected population are children under 18 years of age. Further, a large number of children have turned to be vulnerable for trafficking and exploitation as they ended up as orphans or children without parental or guardian care. According to the Center Child Welfare Board, CCWB (2015), 176 children had become orphans, 865 children’s mother died, and 972 children’s father died. And a total of 2,107 children are reported to be injured. Of the total 8,790 deaths from the quake, 2737 were children (31% of the total deaths). There are evidences that the magnitude of TIP especially of women and children has increased after the earthquakes. Media has widely provided space for the risk of trafficking of women and children. Records of Nepal Police indicate that a total of 1,233 women and children were reported to be missing during three months of the earthquake and the Nepal Police rescued 161 children from different border points between Nepal and India in the same period. Maiti Nepal’s data on the number of women and children intercepted before and after three-months of the earthquake reveal that the risk of trafficking increased after the earthquake by at least 15 percent. It is mostly Thori – a bordering area in Parsa district, and Jhapa, Illam and Mahendranagar have experienced the surge of number intercepted women and children. Responses to earthquake disaster in general and prevention of TIP in particularly were evident from a number of Governmental agencies, security forces, UN agencies, I/NGOs and civil society organizations, faith based or non-faith based organizations. NHRC carried out a monitoring study of earthquake hit districts and recommended the GoN for immediate relief of the victims of the quakes by ensuring the protection of children and women from violence and trafficking. A ‘Protection Cluster’ is formed comprising of GOs, UNs and civil society organizations for the effective and coordinated efforts to provide services to the survivors of the earthquakes and prevent TIP especially women and children. The Protection Cluster is chaired by the Honb’le Commissioner of NHRC and co-chaired by the Joint Secretary of MoWCSW. A total of 17 organizations have been found to be working under Protection Cluster in the 14 most earthquakes affected districts. According to the UN estimate, a total of US Dollar 13.71 million is required for protection component – accounting of 3.3 percent of the total US Dollar of 422 million budgets required for the earthquake affected populations. Key challenges evolved are the following: producing the reliable information/data on the impact of the earthquake; strengthening the role of the Protection Cluster; minimizing the overlap in program interventions; reducing the dropout rates of students by increasing access to schooling of children and building the public infrastructures. On Foreign Labor Migration and Nexus of TIP Migration, especially circular migration is seen as developmental beneficial for both origin and destination countries. However, it has also brought tremendous social costs among the migrants as well as their families and communities: it has closely linked to forced labor and trafficking. International migration from Nepal has been a long history. Accordingly to the Population Census 2011, the absentee population consisted of 1.9 million but it is age and sex selective: of the total absentee population, 88 percent are males while rest 12 percent are females and 77 percent are in the age range of 15-35 years. Among the caste/ethnic groups, the highest proportion of absentee population is recorded among hill Dalit (10%), followed by hill Janajati (8%) and hill caste group (7.6%), Muslims (5%), Madeshi Janajati (3.9%), caste group (3.7%) and Madeshi Dalit (3.5%). Migration to India has been a long history in Nepal. However, the proportion of migrants to India has xii
substantially declined over the years. In early 1980s, almost 90 percent of international migrants destined to India while it was 40 percent in 2011. Department of Foreign Employment (DoFE) maintains records of the documented foreign labor migrants of Nepal. Its eight-yearly data (FY 2006/07-FY 2013/14) reveals that it is mostly the eastern, central and western Terai districts having the highest number of foreign labor migrants. However, for female foreign labor migration, it is mostly the hills/mountains districts such as Sindhupalchok, Makwanpur, Kathmandu, Kavre, Nuwakot and Illam (DoFE, 2014a). The flow of foreign labor migrants was more than 500 thousands in FY 2014/15 and the stock of migrants in between 2006/07 and 2014/15 reached to 3 million with 2.95 million males and 75,000 females. In terms of flow or stock of migrants, Malaysia (39%), Qatar (23.5%), Saudi Arabia (20%) and UAE (11%) are the major labor destination countries of Nepal. Unfortunately, nearly three in four Nepali foreign labor migrants are unskilled workers. In Nepal, remittance income has become one of the major sources of national economy. It contributes to 29 percent of the Gross Domestic Product (GDP) and it has been much higher than that of other two major foreign earning sectors such as tourism (2.3% of GDP) and foreign loan and grants (5.9% of GDP). Further, the proportion of households receiving remittance has increased markedly over the years - from 23 percent in 1995/96 to 56 percent in 2010/11. The share of remittances from India has declined while it increased very dramatically from overseas. On the other hand, there has been evidence of deception, fraud and irregularities involved in the process of foreign employment and hundreds of thousands of men and women are the victims of such fraudulent activities. The five-yearly (2010/11-2014/15) average number of complaints recorded in the DoFE, for example, is 2,182. The Foreign Employment Tribunal (FET) initiated its work since the FY 2009/10 and the six-yearly (2009/10-2014/15) average case disposal ratio of comes out to be 36.7. In the FY 2014/15, of the 213 cases decided, 118 were convicted while 57 were acquitted. Of the cases convicted, a total of Rs. 94 million was demanded as bail, Rs. 3.3 million was fined and a total of 332 years of imprisonment. Peoples Forum (2015) study provides some indications of the key demographic and social characteristics of the victims of fraud, deception in the process of foreign employment. More than 90 percent of the victims were males, 37 percent comprised of below 25 year of age and 55 percent in between 26-40 years of age. It was found that 71 percent of the victims were cheated by recruiting agencies while the rest by the agents. A range of complaints was reported: from not sending on time (40%) to the extreme cases of physical attack, (17%) put into custody in destination countries, compelling to work in forced labor situation and the death of the workers. It is found that victims get extremely low compensation amount against their claim amount. The ratios of compensation were less than 20 percent. Evidences reveal that a large number of Nepali labor migrants ends in forced labor situation or they are trafficked for labor exploitation. The values Global Rights Index of International Trade Union Confederation (ITUC) are 5 in the Gulf countries and Malaysia. Similarly, according to the record of Counselor of Service Department, Ministry of Foreign Affairs, a total of 511 in FY 2013/14 and 494 persons in FY 2014/15 were rescued from different destination countries. There are only three Safe Houses in Gulf countries: one Kuwait, one in Saudi Arabia and one in Qatar. These Safe Houses provide services to the victims of Nepali migrant workers, especially woman migrant workers. The services include: food, lodging, primary medical treatment, legal support to the victims. A total of 920 persons were provided services by the Safe House in Kuwait, 293 persons in Saudi Arabia and 84 persons in Qatar. During the six years (2008/09 – 2013/14), a total of 3,272 migrant workers were reported to have died in different destination countries. The GoN adopted new Foreign Employment Policy in its 13th Plan with the goal of ensuring safe, organized, respectable and reliable foreign employment. During the FYs of 2013/14 and 2014/15, xiii
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 and 12: Chapter 4 48 Foreign Labor Migratio
Page 13 and 14: On Situation of TIP Assessing the s
Page 15: International Law found a number of
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
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Chapter 4 Foreign Labor Migration a
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proportion of absentee population i
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Table 4.5 Distribution of foreign l
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Table 4.7 shows both annual flow an
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percent in FY 2011/12 to 38 percent
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Dimensions of Complaints and Access
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Migrant Workers in Difficult Situat
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• Extending and promotion foreign
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Foreign Employment Promotion Board
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Box 4.2 Bilateral Agreement and MoU
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• Maintaining the information/dat
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Figure 5.1 Mechanism for controllin
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• Has implemented (2010-2015) Com
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Table 5.3 Budget spent in the FY 20
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5.4.3 Activities Carried Out by the
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Table 5.6 An overview of women deve
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The share of children from the disa
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Table 5.12 Overview of child helpli
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5.6 NGOs Responses A number of NGOs
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Domestic Violence Act and also advo
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• Assisted rescuing of 23 persons
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• Conducted 52 health camps in 11
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escued mainly from abroad. More tha
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5.7 Media Responses Media are the i
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Chapter 6 Legal Framework, Enforcem
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• With the complaint of the retur
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Provisions Relating to Offences and
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Despite these efforts, it was also
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Committee for controlling human tra
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within the MoWCSW. Counter Traffick
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Table 6.2 Number of trafficking cri
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Chapter 7 Conclusions and Recommend
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1. Prevention: Towards Reorienting
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II. Protection: Towards Adoption an
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III. Prosecution: Towards Reorienti
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7.3 Recommendations of this Report
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References Advocacy Forum Nepal (AF
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Raw Data Obtained Government Office
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Appendix 2.2 Number of women and ch
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Appendix 2.3 Modus operandi of huma
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Appendix 2.4a Number of child labor
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Appendix 4.1 Countries opened up fo
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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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