NEPAL: FY2003 ANTI-TRAFFICKING PROJECT PROPOSALS

UNCLAS SECTION 01 OF 06 KATHMANDU 000026

SIPDIS

STATE FOR G/TIP, SA, PRM AND INL
LONDON FOR POL/REIDEL

E.O 12958: N/A
TAGS: KWMN KCRM PHUM PREL SMIG ELAB KPAO EAID NP
SUBJECT: NEPAL: FY2003 ANTI-TRAFFICKING PROJECT PROPOSALS

REF: A. STATE 241260

B. STATE 170908


1. Summary: Post's anti-trafficking-in-persons (TIP)
project proposals for FY2003 provide for improved formal and
non-formal educational opportunities for girls; a public
awareness campaign targeting urban migrants, media outlets,
transport providers and rehabilitation centers; and
improvement in legal provisions and procedures related to
trafficking. Funding required is estimated at 900,000 USD.
End summary.


2. Following are Post's FY-2003 TIP Project Proposals:

[Begin submission.]

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PROJECT 1: PREVENTION
--------------


A. Preventing Trafficking of Women and Girls Through
Literacy


B. World Education, the Center for Population and
Development Activities (CEDPA) and/or local NGOs


C. One Year (2003-2004)


D. Objectives

The primary objective of the project is to assist in the
prevention of trafficking in girls by addressing one of the
problem's root causes: lack of education. Specific goals
include:

-- providing basic literacy skills to out-of-school and at-
risk girls to expand opportunities for employment outside
trafficking;

-- raising individual and community awareness of girl
trafficking, child labor and discriminatory practices that
lead to exploitation;

-- improving at-risk population's understanding of relevant
laws and legal procedures;

-- working with ongoing educational projects to provide
vocational training for vulnerable girls.


E. Justification

In Nepal, lack of education is a major factor contributing
to the trafficking of women and girls. It is generally
understood that girls, when grown, will marry and leave
home, bringing little income back to the family; and that
their major responsibilities will be in the area of
housekeeping and child care, where the benefits of education
are not recognized. Investment in female education is
therefore often considered wasteful.

However, INGO research has found that trafficked girls
largely originate from illiterate households, particularly
where there are illiterate mothers and sisters. The average
female literacy rate outside Kathmandu is only 25 percent,
compared to the male literacy rate of 50 percent, and in at
least one district severely affected by trafficking, an NGO
study discovered that the literacy rate for girls was only 6
percent. Limited opportunities for employment lead some
girls and/or their families to view trafficking as a viable
income-generating alternative, and limited education means
that many girls and their parents are unaware of the
possible dangers involved, including infection with
HIV/AIDS.

Promotion of female education as a tool for prevention of
trafficking is predicated on the idea that formal education
not only prepares girls for work and for life, but also
improves their understanding and awareness of the world
around them. The proposed program aims at increasing the
literacy rate of out-of-school girls by enrolling them in
non-formal education classes to provide basic reading and
writing skills, as well as information on health and social
issues. The program will also encourage families to enroll
daughters in the formal educational system to enhance their
opportunities in life.

The proposed program expands on the Girls' Access to
Education (GATE) program currently being administered by
CEDPA and World Education. The program initially targeted
7,500 girls from seven districts, and first-year evaluations
have demonstrated a significant increase in both literacy
and awareness of trafficking. The positive impact of the
GATE program merits extension to other trafficking-prone
districts identified by the Ministry of Women, Children and
Social Welfare. Under the auspices of this proposed
project, existing GATE materials will be reviewed, and other
appropriate subject matter, such as information about legal
provisions applicable to trafficking, will be added to the
curriculum. Vulnerable girls identified through this
program will be provided with vocational training for
employment opportunities.

F. Performance Measurements
-- Increase in the number of adolescent girls achieving
literacy;

-- Graduation from the program of a significant number of
girls, followed by a transition to formal schooling;

-- Widespread and improved awareness of trafficking and the
dangers involved;

-- Exploration by girls of more and varied life options due
to higher levels of education and vocational training
received.


G. Budget Breakdown

Post estimates the cost of this prevention project to be
approximately 250,000 USD.

-- Review of existing materials and development of new
curricula: 10,000 USD

-- Expansion of program in targeted areas: 240,000 USD


H. Host Government Contribution

The Government of Nepal is currently working with the US
Department of Labor (DOL) and the International Labor
Organization (ILO) on a time-bound program to eliminate the
worst forms of child labor by 2005. Improvement of the
educational system and expansion of access to education are
integral components of the project. The GON has also
recently publicly reaffirmed its commitment to combating
trafficking in women and children.

Though significant host government resources are engaged in
the fight against Nepal's Maoist insurgency, Post
anticipates that the GON will support education and anti-
trafficking initiatives to the fullest possible extent, and
should be able to provide classrooms or other facilities for
non-formal education classes.


I. Private donors will provide twenty-five percent matching
funds.


J. Proposed Funding Mechanism: Post prefers that USAID or
the US DOL directly administer funding for this project,
working through grants to established international non-
governmental organizations.

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PROJECT 2: PUBLIC AWARENESS
--------------


A. Focused Awareness-Raising Programs to Reduce Trafficking
Incidents and Improve Reintegration Services


B. US and local NGOs


C. One Year (2003-2004)


D. Objectives

-- Raise awareness regarding trafficking among a targeted
audience including transport workers, recent migrants to
urban areas and service providers at rehabilitation centers;

-- Enable target audience to apply learned knowledge to
reduce trafficking incidents;

-- Enhance service-provider knowledge of successful
approaches for rehabilitation/reintegration of rescued
girls.


E. Justification
The proposed project intends to raise awareness of the
seriousness of trafficking in persons among several targeted
groups, as well as to provide suggested methods for both
combating the problem and assisting its victims. Focus
groups and planned activities are as follows:

-- Internally displaced urban migrants: The continued
spread of Maoist violence has produced a vulnerable
population of urban refugees seeking safety in Nepal's towns
and cities. Forced recruitment by the Maoists, lack of
employment opportunities and school closures have led
thousands of rural Nepalis, especially children and young
adults, to flee their homes for urban centers. To survive,
some of the refugees take jobs at dance clubs, restaurants,
garment factories or other industries that serve as
recruitment centers for traffickers. Others, with little or
no prior exposure to information about trafficking, are
targeted by traffickers at overcrowded government schools.

School-level awareness programs have previously proven
successful in educating students about recruitment methods
employed by traffickers and the dangers involved in
trafficking. The proposed project will deliver appropriate
awareness programs to displaced students and workers in
selected industries, focusing on recent urban migrants.
Restaurant and factory owners, as well as schoolteachers,
will be encouraged to assist in the organization of
orientation programs.

-- Transport workers: Rickshaw pullers and the drivers of
horse-carts, buses and taxis are often made unwitting
accomplices in trafficking, by transporting vulnerable girls
to the exit points along Nepal's border with India.
Employees in the transportation sector, once educated about
recently oriented to the problem, have lamented their former
involvement in the trade and have encouraged further
training for their colleagues to enable them to recognize
potential victims and report them to the police. Training
for rickshaw pullers and horse-cart drivers was specifically
recommended, as they are the workers transporting girls
along back roads and less-traveled routes, and not on the
major highways where active surveillance groups or police
posts routinely check for trafficking.

The proposed project will provide basic orientation to
approximately 1000 transport workers from 10 border
districts. Existing Information Education Communication
(IEC) materials will be used for the project.

-- Media outlets: Media play a crucial role in bringing
issues to the attention of policy makers and the general
public, but ineffective reporting on trafficking has kept
Nepal's major media outlets from becoming a strong tool in
combating the problem. Media personnel lack both sufficient
understanding of the issue and training in research and
investigation. They often base their reports solely on
police information, which may not fully reflect societal
concerns or protect victims.

The proposed program will develop and present workshops to
train journalists in better reporting techniques and to help
develop media messages to draw attention to the issue of
trafficking. Media campaigns including billboards and
newspaper ads have proven effective in drawing attention to
other social issues such as HIV/AIDS, and similar programs
are proposed for this project. Workshops will also
emphasize the need for regular reporting of successful
prosecution to help deter potential traffickers and to
encourage victims to report the crime.

-- Service providers (rehabilitation centers): Successful
rehabilitation and reintegration of rescued and/or returning
victims of trafficking has been difficult in Nepal for
several reasons, including social and cultural reluctance to
accept returnees. A growing unemployment problem has also
made it difficult for operators of shelters and
rehabilitation centers to assist returning victims in
transitioning to a new life. However, some strategies, such
as providing refuge in "second stage homes," have been
successful in other countries and may offer a viable
alternative in Nepal. The proposed project will introduce
"best practices" to operators of shelters and rehabilitation
centers, and assist with modification of programs to fit the
needs of Nepal.


F. Performance Measurements

-- Development of awareness campaign targeting urban
migrants, and participation by industry leaders and
schoolteachers;

-- Completion of transport worker orientation, and increase
in cases reported by them;

-- Increased quality and quantity of articles on
trafficking, including regular reporting on prosecution of
traffickers;

-- Adoption of "best practices" by shelters and
rehabilitation centers, and improved rate of successful
reintegration.


G. Budget Breakdown

Post estimates the cost of this public awareness project to
be approximately 400,000 USD.

-- Awareness program targeting urban migrants: 100,000 USD

-- Training for transportation workers: 125,000 USD

-- Media workshops: 125,000 USD

-- "Best practices" orientation for rehabilitation centers
and shelters: 50,000 USD


H. Host Government Contribution

As indicated in Project 1, significant host government
resources are engaged in the fight against Nepal's Maoist
insurgency. However, Post anticipates that the GON will be
able to provide government facilities for workshops and
trafficking programs, as well as offering a subsidized rate
for awareness-raising efforts in government media outlets.


I. Private donors will provide twenty-five percent matching
funds.


J. Proposed Funding Mechanism: Post prefers that USAID
directly administer funding for this project.

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PROJECT 3: PROSECUTION
--------------


A. Fostering a Better Legal Environment for Prevention and
Prosecution of Trafficking in Persons


B. UNICEF, USDOJ


C. Two Years (2003-2005)

-- Year One: Develop training curriculum for police and
district court prosecutors, focusing on appropriate
treatment of victims. Offer guidance on how best to utilize
current laws and procedures to protect victims and
effectively prosecute trafficking cases.

-- Year Two: Assist police and Office of the Attorney
General in integrating new TIP training program into
permanent curriculum. Provide technical assistance in
developing new bilateral or multilateral agreements to
prosecute trafficking cases, and in developing new legal
procedures to better protect the rights of victims and
witnesses.


D. Objectives

The proposed project is intended to improve police and
prosecutorial procedures for dealing with victims of
trafficking in persons, and to provide technical assistance
to the GON in the development of cooperative agreements for
the prosecution of this transnational crime. Specific goals
include:

-- improving police procedures for dealing with victims of
trafficking in persons;

-- advising Nepali prosecutors and police on the best way to
utilize available legal means to protect the privacy of
victims and other individuals willing to testify in anti-
trafficking cases;

-- offering TIP-specific training to prosecutors at the
district court level;
-- illustrating the value of in camera interviews and other
legal devices to protect victims' privacy, and encouraging
Nepali courts to allow similar procedures;

-- providing sample documents and technical expertise to GON
negotiators, to assist with the formulation of bilateral or
multilateral agreements on prosecution of traffickers.


E. Justification

Despite GON commitment to fight trafficking in persons,
successful termination of related legal cases has been
hampered by weak international agreements, complicated
regulations and ineffective prosecution. A special court
dedicated to the prosecution of certain social crimes such
as trafficking in persons has been abolished, and
prosecutorial authority has reverted to the district courts,
where government prosecutors often have no training in
successful techniques for trying such cases. Local police
cannot investigate complaints without permission from
prosecutors, and the resultant delay gives criminals time to
flee the jurisdiction or dispose of evidence.

Women and children who have filed complaints have been
"doubly victimized" when police and prosecutors have failed
to protect their privacy or their rights. Victims' names
and photographs are released by police and published in
newspapers, with reports stating that they have been working
as prostitutes and/or are HIV positive. Such victims face
social and cultural discrimination, limited opportunities
for employment and difficulties in reintegration to their
village and families. Nepali law requires the accuser to
appear in court and attest to a statement, but lacks
protection for victims and other witnesses. As a result,
many women and children are too frightened to file
complaints or are threatened into changing their statements
in court, compromising the prosecution of the case.

The proposed project is intended better to equip district
prosecutors for trying trafficking cases, and to train local
police in sensitivity toward victims. Recognizing that even
the most sympathetic authorities are constrained by a lack
of legal protection for the victims and witnesses, the
program will also seek to improve laws and procedures to
protect victims' privacy and to maximize the utilization of
currently available protections. The project will also
address weaknesses in multilateral and bilateral agreements
that allow neighboring countries to serve as havens for
traffickers facing prosecution in Nepal.


F. Performance Measurements

-- Development of a training curriculum for local police and
completion of first-round training;

-- Publication of police training materials to be used on a
regular basis, and successful turnover of training program
to GON instructors;

-- Increase in number of trafficking complaints filed by
victims;

-- Increase in number of cases successfully prosecuted;

-- Adoption of stronger legal protections for victims and
witnesses in trafficking cases;

-- Successful extradition and prosecution of traffickers
from neighboring countries.


G. Budget Breakdown

Post estimates the cost of this prosecution project to be
approximately 250,000 USD.

-- Development of training program for local police, and
publication of training materials: 75,000 USD

-- Expert guidance to prosecutors on utilization of current
laws, to prosecute cases and protect victims: 75,000 USD

-- Assistance with development of future witness protection
provisions: 50,000 USD

-- Assistance with formulation of stronger bilateral and
multilateral agreements to allow for extradition and
prosecution of traffickers: 50,000 USD

H. Host Government Contribution

Post anticipates that the GON will be able to provide
facilities for training local police and prosecutors, and
will encourage participation and cooperation of senior level
officials from the police and Attorney General's office in
discussions on the maximization of current privacy
protections and development of future provisions and
agreements.


I. No private donor funds have been solicited at this time.


J. Proposed funding mechanism: Post would prefer to work
directly with the USDOJ to provide expert guidance to
prosecutors and GON negotiators, and with UNICEF and local
NGOs for the development and delivery of police sensitivity
training.

[End submission.]


3. For all proposals, Embassy Kathmandu point of contact is
Political/Economic Officer Sarah Welborne (Tel: 977-1-411-
179, ext 4572; E-mail: welbornese@state.gov.)

MALINOWSKI