TRAFFICKING IN PERSONS

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5.2 Nepal in Trafficking in Persons (TIP) Reports The United States Government has been publishing Trafficking in Persons Report (TIP) annually since 2001. It places countries around the globe in monitoring of trafficking in four categories: i) Tire 1; ii) Tire 2; iii) Tire 2 Watch List (WL); and iv) Tire 3. Tire 1 countries are those whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards; Tire 2 countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards; Tire 2 WL countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards and Tire 3 countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. Nepal has been reminded in Tire 2 over the last 5-years (Box 5.1). Compared to other countries especially Pakistan, Sri Lanka and Afghanistan, Nepal progress appears to be satisfactory in fighting against trafficking. Nepal has been remained in Tire 2 mainly because Nepal cannot fully protect its migrant workers from falling into forced labor situation in Nepal, India, Middle East, Asia, Europe and USA in different informal sectors of the economy. Forced labor is facilitated by recruiting agencies. Unregistered migrants, particularly those destined via India are particularly vulnerable to forced labor. Despite this, according to the TIP Report 2015, the GoN increased efforts to prosecute suspected trafficking offenders; prepared the implementation plan for its NPA and increased funding allocations to all 75 districts for establishment of at least three new village-level anti-trafficking committees. The GoN’s efforts, however, are grossly inadequate in victim identification and protection and Nepal has yet to a party to the UN Trafficking Protocol 2000. Box 5.1 Comparing Nepal’s progress in combating trafficking in persons with other SAARC countries Country 2010 2011 2012 2013 2014 2015 Nepal Tire 2 Tire 2 Tire 2 Tire 2 Tire 2 Tire 2 Bangladesh Tire 2 WL Tire 2 WL Tire 2 Tire 2 Tire 2 Tire 2 India Tire 2 WL Tire 2 Tire 2 Tire 2 Tire 2 Tire 2 Pakistan Tire 2 Tire 2 Tire 2 Tire 2 Tire 2 WL Tire 2 WL Sri Lanka Tire 2 WL Tire 2 Tire 2 Tire 2 WL Tire 2 WL Tire 2 WL Afghanistan Tire 2 WL Tire 2 WL Tire WL Tire 2 WL Tire 2 Tire 2 Source: US Department of State, TIP Reports 2010, 2011, 2012, 2013, 2014 and 2015. 5.3 Key Policy Initiatives • Adopted National Plan of Action (NPA) against Trafficking in Women and Children and their Sexual Exploitation in 1998. This NPA identified six thematic areas for intervention: i) Policy, Research, and Institutional Development; ii) Legislation and Enforcement; iii) Awareness Creation, Advocacy, Networking and Social Mobilization; iv) Health and Education; v) Income and Employment Generation; and vi) Rescue and Reintegration. In 2001, two priority areas, namely, Trans-border, Regional and International Issues and Monitoring and Evaluation were added. • Adopted NPA against Trafficking in Persons 2011-2021, taking into account the new trafficking patterns such as those associated with foreign labor migration. The NPA identifies five broad areas for interventions: prevention, protection, prosecution, capacity building, and cooperation for reinforcing the prevention and control of trafficking in women and children, a separate NPA has been implemented since 2012 with intervention areas including prevention, protection, prosecution, and capacity development of concerned institutions. • Adopted National Minimum Standards for Victims Care and Protection (NMSVCP) and the Standard Operating Procedures (SOPs) for Rehab Shelter Homes for trafficking survivors in 2012 for ensuring adequate protection, assistance and provision of safe homes. 71
• Has implemented (2010-2015) Combating Trafficking in Persons (CTIP) program in order to more effectively prevent trafficking, protect survivors and prosecute human traffickers with key results achieved. • Reaffirmed the effective implementation of SAARC Convention against trafficking in women with necessary revision forwarded by SAARC Summit in 2014 by virtue of building institutional capacity, cross-border cooperation and broad-based collaboration. • Prepared the Implementation Plan of NPA 2011-2021 and initiated implementation of it. Other Key Initiatives Relevant to Combat TIP • Formulated ‘Sex and Gender-based Violence and Gender Empowerment Strategy and Work Plan (2012/13-2016/17)” in 2011 and has been in implementation since then. • Established a “GBV Elimination Fund” in 2010 to provide immediate funds for rescue, medical support, legal aid, counseling and rehabilitation for survivors of Gender based Violence (GBV). The Enforcement of the ‘Single Women Security Fund Rules’ and institutionalization of a ‘Single Women Security Fund’ for the protection and empowerment of single women have been put into effect. 5.4 Anti-Trafficking Budget, Activities and Programs 5.4.1 Status of Gender Responsive Budget One of the GoN’s important initiatives to empower women is through making national budget more gender responsive. The GoN has initiated classification of national budget into directly gender responsive, indirectly gender responsive and gender neutral programs since the FY 2007/08. The MoF has formed a coordination committee led by the Joint Secretary of the Ministry to develop gender responsive budget. Basis of classification for Gender Responsive Budget is 10 : • More than 50 percent of budget directly beneficial for women - Direct Responsive • 20 to 50 percent of budget directly beneficial for women - Indirect Responsive • Less than 20 Percent of budget beneficial for women - Neutral Data show that GoN has been continually increasing the share of budget in programs directly or indirectly gender responsive (Table 5.1). Conversely, it has been gradually reducing the share of budget in programs which is gender neutral over the years. The proportion of budget allocated for programs directly gender responsive, for example, increased from 11 percent in FY 2007/08 to nearly 22 percent in the FY 2014/15. Conversely, the proportion of budget allocated for programs that are gender neutral declined from 56 percent in the FY 2007/08 to 33 percent in the FY 2014/15. Table 5.1 Nepal’s Budget by Gender Responsive Status (Rs. in Billion) Fiscal year Directly responsive Indirectly responsive Neutral Rs. % Rs. % Rs. % 2007/08 19.09 11.3 56.03 33.16 93.87 55.54 2008/09 32.91 13.94 83.58 35.41 119.53 50.64 2009/10 49.56 17.30 104.16 36.43 132.32 46.27 2010/11 60.61 17.94 112.65 36.30 154.64 45.76 2011/12 73.33 19.50 176.21 45.78 135.35 35.17 2012/13 87.07 21.51 178.63 44.13 139.11 34.36 2013/14 125.55 21.75 227.30 43.94 177.4 34.31 2014/15 135.56 21.93 278.38 45.04 204.15 33.03 Source: Ministry of Finance (www.mof.gov.np/en/gender-responsive.budget (access on October 13, 2015). 10 Following five indicators are used to assess the above: i) women capacity development – 20 scores ii) women participation in formulation and implementation of program – 20 scores; iii) women’s share in benefit – 20 scores; iv) support in employment and income generating to women – 20 scores; and v) quality reform in time consumption and minimization of workload to women – 20 scores. 72
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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
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: Figure 5.1 Mechanism for controllin
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
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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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