2008 TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 25 KATHMANDU 000313



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SUBJECT: 2008 TRAFFICKING IN PERSONS REPORT



REF: SECSTATE 02731



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The following is Embassy Kathmandu's submission for the 2008

Trafficking in Persons Report.





1. OVERVIEW OF NEPAL'S ACTIVITIES TO ELIMINATE TRAFFICKING IN

PERSONS



-- A. Is the country a country of origin, transit, and/or

destination for internationally trafficked men, women, or

children? Provide, where possible, numbers or estimates

for each group; how they were trafficked, to where, and for

what purpose. Does the trafficking occur within the

country's borders? Does it occur in territory outside of the

government's control (e.g. in a civil war situation)? Are any

estimates or reliable numbers available as to the extent or

magnitude of the problem? What is (are) the source(s) of

available information on trafficking in persons or what

plans are in place (if any) to undertake documentation of

trafficking? How reliable are the numbers and these sources?

Are certain groups of persons more at risk of being

trafficked (e.g. women and children, boys versus girls,

certain ethnic groups, refugees, etc.)?



Nepal is a country of origin for the trafficking of women,

men and children. Trafficking of persons from Nepal occurs

for various purposes: women are trafficked to India and the

Middle East for sexual exploitation; women and men are

trafficked to other Asian countries such as Malaysia and

South Korea, the Middle East, including Saudi Arabia,

Bahrain, Qatar and the United Arab Emirate and through the

Middle East to countries such as Afghanistan and Iraq for

labor exploitation; and children are trafficked to India for

labor exploitation, prostitution or circus acts. In addition

there is growing number of women and girls who are being

internally trafficked to cabin restaurants (restaurants

offering the services of prostitutes - some with partitions

in between the tables or separate rooms),dance bars and

massage parlors in Nepal's larger cities and along major

transportation routes. There is also indications of <br />
trafficking for organ transplants.



There is a lack of accurate and reliable data on trafficking

in Nepal. Statistics on trafficking cases have not been

maintained by any one organization. Non-Government

Organizations (NGOs),the Ministry of Women, Children and

Social Welfare (MWCSW),the Ministry of Labor and Transport

Management (MLTM),the Home Ministry's Immigration

Department, the Nepal Police and other Government Ministries

have limited information which is scattered and duplicative.

Moreover, victims do not report cases for social and personal

reasons, and the slow-moving legal system, corruption and

lack of awareness further skew data.



Although estimates are unreliable, it is believed that

anywhere from 5,000 to 15,000 women and girls are trafficked

to India and then some onward to the Middle East each year.

Maiti Nepal (a Nepali NGO) reports 5,000 to 7,000 women and

girls are trafficked from Nepal each year while the

International Labor Organization (ILO) estimates 12,000. In

2007, the United Nations Office of Drugs and Crime (UNODC),

Regional Office for South Asia, announced that their data

revealed that 10,000 to 15,000 girls were trafficked from

Nepal to India. In addition, preliminary research using data

from the latest UNAIDS survey of the 30,000 female commercial

sex workers in Nepal, indicates that between 5,000 and 7,500

girls are trafficked into the domestic sex trade each year.



Traffickers in Nepal are for the most part a loose network of

individuals looking to profit from the movement of persons.



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They are often introduced to potential victims by friends and

family. Trafficking victims are tricked, coerced, sold and

forced to live and work under slave-like conditions as

prostitutes, domestic workers, sweatshop, construction or

agricultural laborers, bonded laborers, or wives. False

information about the nature of employment, false promises of

employment abroad or foreign exchange study programs, debt

bondage and false marriages continue to be the main

strategies used by traffickers. More than half of the

victims are trafficked as minors by people they know,

including their parents, husbands and other family members.

Traffickers often trick girls' families into believing their

daughters will obtain good jobs in India and will be able to

send money home. Some families knowingly sell their

daughters or coerce their daughters into arranged marriages.

Some victims are drugged and taken by force. Vulnerable

women and girls from more remote areas are of often

trafficked using a two-step process. First the traffickers

bring the victims to small manufacturing companies (including

carpet, garment, stone quarries and brick factories) and then

claim that the job promised did not work out. After the

girls are separated from their family and community support

systems the alternative job that is sexually exploitive is

then presented. Similarly, individual brokers and fraudulent

manpower agencies dupe unsuspecting labor migrants into

believing they will be provided beneficial job opportunities

outside the country.



Most trafficking victims are illiterate and from the lowest

socio-economic groups, although more affluent families are

not immune to schemes involving false promises for higher

education. Traffickers target single women and girls from

traditionally marginalized groups, such as Dalits (formerly

known as untouchables) and Janajatis (indigenous

nationalities),in remote communities with a trafficking

history. The bulk of internal trafficking victims comes from

similar communities in the districts around Kathmandu and

from remote communities in the Terai. Tamang (a janajati

group) are still favored for trafficking to India where they

bring a higher price. Boys are most often trafficked into

exploitative labor situations, including embroidery

factories, circuses and domestic servitude. The exploitation

of labor migrants is a problem in all communities. Poorer,

ignorant or greedier migrants who choose independent manpower

agents as opposed to recognized companies are at greater

risk.



-- B. Please provide a general overview of the trafficking

situation in the country and any changes since the last TIP

Report (e.g. changes in direction). (Other items to address

may include: What kind of conditions are the victims

trafficked into? Which populations are targeted by the

traffickers? Who are the traffickers/exploiters? Are they

independent business people? Small or family-based crime

groups? Large international organized crime

syndicates? What methods are used to approach victims? (Are

they offered lucrative jobs, sold by their families,

approached by friends of friends, etc.?) What methods are

used to move the victims (e.g., are false documents being

used?). Are employment, travel, and tourism agencies or

marriage brokers involved with or fronting for traffickers or

crime groups to traffic individuals?



The ongoing impact of the Maoist insurgency from 1996 to

2006, internal displacement, poor economic conditions and the

corresponding increasing attractiveness of foreign employment

have had the greatest impact over the last year on the

direction and patterns of human trafficking in Nepal.



In the past, young women under 18, mostly from

underprivileged groups and castes were most at risk of being



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trafficked. However, unemployment, displacement and

migration caused by the continuing political instability and

a weak economy have influenced trafficking, irrespective of

ethnicity or caste. Most of Nepal's trafficking victims are

still taken across Nepal's open border with India where they

are sold into Indian brothels. In these cases, no

documentation is necessary and the operations are run by

small groups of people who have been involved in the process

before. However, false documents have been found in

investigations related to labor exploitation in Gulf

countries where there are indications of connections with

international rackets. Traffickers are also using manpower

agencies to target migrant women. They help women obtain

passports and papers before trafficking them into sex work in

India and elsewhere.



NGOs working in this area suggests that internal trafficking

is increasing at an alarming rate. Over the past year, as

the tourist industry in Nepal has improved, the domestic sex

industry has grown dramatically and women and girls from

remote districts are being brought into Kathmandu's cabin

restaurants and massage parlors to meet the growing demand.

Despite the fact that younger and younger girls are being

engaged, the Government of Nepal (GON) has made no serious

effort to regulate places providing adult entertainment.

There are increasing reports of criminal enforcers who are

taking protection money from the girls in sexually exploitive

work and middle men who are recruiting young girls for the

increasing number of such establishments. There are also

reports that trafficked victims already in the sex trade are

being used to recruit new victims. Threats of exposure in

their communities, physical violence and false promises of

being allowed to leave are used to encourage victims to

recruit new girls.



Remittances from overseas laborers have become an important

component of Nepal's labor market and GDP. The Ministry of

Labor and Transport Management (MLTM) reported that there are

now an estimated 2.1 million Nepalis working abroad in

countries other than India. The number of workers going

abroad grew by 24 percent in 2007. According to official

data, 561 Nepali youth are leaving the country through

official channels each day and at least an equal number are

leaving unofficially. Nepali migrant workers are in 32

different countries, but Malaysia, Qatar, Saudi Arabia and

the United Arab Emirates absorb over 93 percent of these

workers.



Nepal's labor migration system is largely undeveloped and

trafficking of migrant workers into exploitative labor is a

growing problem. A number of these workers have been

exploited, coerced or placed in bonded labor situations. Men

are misled by employment agencies or brokers with promises of

good jobs in hotels or in construction. Upon arrival, they

are forced into different work than expected. On average, 15

migrant worker return to Nepal each day who have experienced

problems. These range from false job information and fraud,

to more serious problems such as finding themselves in

severely exploitative work and imprisonment. Nepalis are

often trafficked into the most dangerous work environments

without adequate information or protection. In 2007, 754

Nepali migrant workers died abroad.



During the decade-long Maoist insurgency, the Maoists

abducted or lured children into the ranks of the People's

Liberation Army (PLA),particularly in more remote regions of

Nepal. The November 2006 Comprehensive Peace Agreement (CPA)

ending the conflict in Nepal mandated the protection of

children associated with armed forces and armed groups by

committing to their immediate release and rehabilitation. In

spite of these commitments, reports indicate that in late



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2006 and early 2007 the PLA continued to recruit children in

order to swell their ranks as they entered into UN monitored

contonment sites as required by the CPA. Through a UN

verification process, completed in December of 2007, a total

of 2,973 children were identified in the cantonment camps.

These children have resided in the cantonment sites since

November 2006, separated from their families and without

access to education. A donor group led by UNICEF and

dedicated to the release and reintegration of Children

Associated with Armed Forces and Armed Groups (CAAFAG) has

encouraged the GON, which now includes the Maoists, to

accelerate procedures to release the minors from the

contonment sites and stands ready to provide support for

reintegration and rehabilitation.



In Nepal, one of every three children is a child laborer with

an estimated 2.6 million children between the ages of five

and fourteen working on farms, in factories, in businesses,

or in other people's homes. According to the Nepalese Youth

Foundation, there are over 20,000 indentured domestic

workers. Many families are tricked into agreements by local

middlemen and, unknowingly, send their children into

slave-like conditions. Most of the girls are brought to

households in Nepal's cities and towns where they become

domestic servants.



Although the GON formally abolished the Kamaiya Labor System

(bonded laborers) on July 17, 2000 and enacted the Kamaiya

Labor (Prohibition) Act in 2001, seven years later, hardship

continues to be a reality for thousands of former Kamaiya who

are among the poorest and most neglected Nepalese citizens.

There are an estimated 125,000 Kamaiya children but only 40

percent of them are able to attend school due to food

insecurity and extreme poverty. Eighty percent of them are

working as domestic servants in exploitative conditions and

most are paid less than USD 12 per year. Less than half of

the Kamaiya families received the land they were entitled to

under the law, while the rest live like nomads in makeshift

huts wherever they find empty space. In addition, another

form of agricultural bonded labor continues to be prevalent

across the country. According to a recent study by the

International Labor Organization (ILO),entire families are

bound to work as unpaid laborers under a system known as

Haliya/Hali (land tillers) or Haruwa-Charuwa (cattle

herders). Lack of access to alternative sources of

livelihood or education and debt bondage perpetuate this

system.



-- C. Which government agencies are involved in

anti-trafficking efforts and which agency, if any, has the

lead?



There are a number of ministries and government agencies

involved in anti-trafficking efforts. These include the

Ministry of Women, Children and Social Welfare (MWCSW),the

Ministry of Labor and Transport Management (MLTM),the Home

Ministry (HM),the Ministry of Education and Culture (MEC)

and the Ministry of Foreign Affairs (MFA) and other

departments and agencies including the Nepal Police Women's

Cell, the Department of Immigration and the Social Welfare

Council. MWCSW is the lead agency to combat trafficking of

women and children; MLTM addresses trafficking for foreign

employment and child labor. The Ministry of Foreign Affairs

supports trafficking victims abroad.



The MWCSW is the national focal point which monitors all

anti-trafficking activities within the country. The Ministry

is responsible for creating an enabling policy environment to

combat trafficking and has formed a National Coordination

Committee and National Task Force to Combat Trafficking. The

Ministry has also formed 26 District Task Forces to identify



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problems, encourage community mobilization and conduct

awareness-raising activities.



The Office of the National Rapporteur on Trafficking (ONRT)

under the National Human Rights Commission was established in

2002 to monitor the status of trafficking and the

Government's anti-trafficking effort and there are gender

focal persons in line ministries and secretariats. The Nepal

Police established the Central Women and Children Service

Center (WCSC) in 1996 under the command of the Criminal

Investigation Department to investigate crimes against women

and children, including trafficking. The program has now

expanded to include WCSCs in 25 districts and includes 6

border centers. These centers are responsible for creating a

strategy and programs to combat crimes against women and

children.



-- D. What are the limitations on the government's ability to

address this problem in practice? For example, is funding

for police or other institutions inadequate? Is overall

corruption a problem? Does the government lack the resources

to aid victims?



The Government of Nepal (GON)'s intention to combat

trafficking in persons appears genuine. However, effective

implementation of anti-trafficking policies is hampered by

limited resources, the unstable political situation, frequent

cabinet changes and rotating government officials. In

addition, the absence of local government in rural areas, as

a result of the insurgency severely constrains the GON's

efficiency. Although the decade-long Maoist insurgency ended

with the signing of the Comprehensive Peace Agreement in

November 2006, the demoralized law enforcement agencies and

lingering security vacuum, especially in the southern

districts along the Indian border, have sharply limited GON's

anti-trafficking law enforcement.



Despite these constraints, the GON's commitment to combating

trafficking remains strong. In 2007 the Interim Parliament

passed the "Trafficking in Person and Transportation

(Control) Act 2064" (the new Anti-Trafficking Act or Act)

demonstrating the GON's commitment to combat trafficking.

The Act dictates stricter punishments, includes many

pro-victim provisions and requires the GON to provide

protection and rehabilitation to trafficking victims.

However, the MWCSW does not have adequate resources to

provide rehabilitation and support services and will continue

to rely heavily on its relationships with local NGOs to

provide shelter, rehabilitation and support for victims of

trafficking.



Nepal's 1808 kilometer long open border with India further

complicates the GON's efforts. Even at major border

crossings, the few police are unable to effectively monitor

the movement of people across the border and avoiding border

checkpoints is not difficult.



Corruption is a major problem. While difficult to prove, it

is apparent that many cases of trafficking that are

intercepted are never prosecuted. In 2007 there was at least

one report of a politician calling the police to ask for the

release of several traffickers who came from his home

district. The individuals involved had past trafficking

convictions and were caught with young girls heading for the

Indian border.



-- E. To what extent does the government systematically

monitor its anti-trafficking efforts (on all fronts --

prosecution, victim protection, and prevention) and

periodically make available, publicly or privately and

directly or through regional/international organizations,



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its assessments of these anti-trafficking efforts?



The Office of the National Rapporteur on Trafficking (ONRT)

under the National Human Rights Commission was established in

2002 to monitor the status of trafficking and the

Government's anti-trafficking efforts. The ONRT was tasked

with developing a reporting system, monitoring and

investigating trafficking and the care of trafficking

victims, conducting promotional activities to raise

awareness, monitoring and reviewing national policies, plans

and laws for effective implementation and developing an

anti-trafficking network at the national, regional and

international level to respond to cross-cutting issues. The

ONRT released its first report in 2006. The second report

for 2006/2007 has not yet been released, but will be based on

field research and focus on the status of trafficking in the

mid- and far-western regions of the country.



ONRT is also developing a systematic trafficking reporting

system that will involve Nepal's 26 anti-trafficking District

Task Forces and local NGOs. ONRT has prepared monitoring

indicators in consultation with relevant stakeholders and has

initiated the process for monitoring programs at the district

level in collaboration with Women Development Officers

(WDOs). The GON has designated a WDO in each district to

monitor anti-trafficking initiatives in collaboration with

ONRT.



The Nepal Police Women's Cell maintains records of

trafficking cases filed and publishes them in an annual

report. The Attorney General's office also keeps records of

trafficking prosecutions, and compiles and publishes them on

an annual basis in accordance with the Nepali fiscal year

(July 15 through July 14). (Note: The report for 2006/2007

has not yet been published. End Note)



2. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:



For questions A-D, posts should highlight in particular

whether or not the country has enacted any new legislation

since the last TIP report.



-- A. Does the country have a law specifically prohibiting

trafficking in persons--both for sexual and non-sexual

purposes (e.g. forced labor)? If so, please specifically

cite the name of the law and its date of enactment and

provide the exact language of the law prohibiting TIP and all

other law(s) used to prosecute TIP cases. Does the law(s)

cover both internal and external (transnational) forms of

trafficking? If not, under what other laws can traffickers be

prosecuted? For example, are there laws against slavery or

the exploitation of prostitution by means of force, fraud or

coercion? Are these other laws being used in trafficking

cases? Please provide a full inventory of trafficking laws,

including non-criminal statutes that allow for civil

penalties against alleged trafficking crimes, (e.g., civil

forfeiture laws and laws against illegal debt).



On July 24, 2007 the Interim Parliament passed a new

anti-trafficking act entitled "Trafficking in Persons and

Transportation (Control) Act 2064" (the new Anti-Trafficking

Act or Act). The Act came into force the same day and

applies to any person, inside or outside of Nepal, who

trafficks a Nepali citizen.



The Act broadly defines the crime of trafficking in persons

as: (a) selling or buying a person with any purpose; (b)

causing to be engaged in prostitution by receiving or not

receiving benefit of any kind; (c) removing human organs,

unless otherwise allowed by law; and (d) having sexual

intercourse with a prostitute. The crime of transportation



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of persons is defined as (a) taking a person to a foreign

country with the purpose of selling or buying; (b) taking by

separating from the house, place of abode or having control

over or keeping with him/her or harboring or taking from one

place to another place within Nepal or to a foreign country

or handing over to somebody a person by enticement,

misrepresentation, fraud, deception, force, coercion,

abduction, taking hostage, taking benefit or vulnerability,

making unconscious, abusing post or power or alluring,

causing fear, giving threat or coercing to be engaged in

prostitution or exploitation.



Any person having the knowledge that one of these offenses

has been or is or is about to be committed may file a

complaint with the police. The Act allows for arrest and

search without a warrant if immediate action is required to

prevent the offender from fleeing and/or the destruction of

evidence.



The new Act contains a number of provisions to provide

stronger protection for trafficking victims. The Act shifts

the burden of proof to the defendant, allows for in-camera

hearings at the victim's request and stipulates that the

victim need not reconfirm his or her statement in court after

s/he has given it in the first instance. Victims are granted

the right to act in self-defense even if the trafficker is

injured or killed in such an act.



The Act also contains provisions for the rescue and

rehabilitation of trafficking victims. The Act requires the

GON to "make arrangements for rescue of a Nepali citizen sold

in a foreign country" and to "establish rehabilitation

centers" to provide medical treatment, counseling and social

rehabilitation. The Act calls for the GON to establish a

"rehabilitation fund" for operation of the centers. One half

of all the money received in fines under the Act will go to

support the fund.



The new Act is a positive step in the fight against

trafficking, however the Act will be difficult to implement.

Many of the provisions, such as fines and imprisonment for

sex with a prostititue, will be hard if not impossible to

enforce. The Act does not differentiate between children and

adults in many sections which may make proving fraud in cases

of employment difficult in some cases. Moreover, the GON

clearly lacks the resources necessary to provide most of the

mandated services, such as rehabilitation centers and

in-camera courts.



In addition to this new Act, there are other laws and legal

documents prohibiting trafficking. Article 20 of the Interim

Constitution specifically prohibits any trafficking in human

beings, slavery, serfdom or forced labor in any form. The

1992 Labor Act also prohibits certain forms of trafficking

related to forced labor. In November 2007, the Interim

Parliament passed a new law making abduction or hostage

taking a criminal offense, punishable by 4 to 15 years

imprisonment and a fine of Nepali Rupees (NPs) 25,000 to

200,000 (USD 400 to 3,200) with longer sentences for crimes

involving female or child victims. It is noteworthy that

these crimes are not bailable.



-- B. What are the prescribed penalties for trafficking

people for sexual exploitation? What penalties were imposed

for persons convicted of sexual exploitation over the

reporting period? Please note the number of convicted sex

traffickers who received suspended sentences and the number

who received only a fine as punishment.



The Anti-Trafficking Act includes stringent provisions of 20

years' imprisonment and a fine of up to NRs 200,000 (USD



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3,200) for selling or buying a person and a provision of 10

to 15 years and a fine of NRs 50,000 to 100,000 (USD 800 to

1,600) for those found guilty of forcing another person into

prostitution. A person found guilty of trading human organs

faces a jail term of 10 years and a fine of NRs 200,000 to

500,000 (USD 3,200 to 8,000). The bill also has a provision

to punish brothel customers with a jail term of one to three

months and a fine of NRs 2,000 to 5,000 (USD 30 to 70).

Those found guilty of taking women abroad for the purpose of

prostitution face between 10 and 15 years in prison and a

fine of NRs 50,000 to 100,000 (USD 800 to 1,600). If the

crime involves a child, the punishment is increased to 15 to

20 years imprisonment and a fine from 100,000 to 200,000 (USD

1600 to 3200). The Act also has a provision to punish

traffickers for transporting human beings for the purpose of

exploitation, including prostitution, within Nepal. When the

victim is over 18, the punishment is 10 years with a fine of

NRs 50,000 to 100,000 (USD 800 to 1,600). If the victim is a

child, the punishment is 10 to 12 years with a fine of NRs

100,000 (USD 1,600). Penalties increase by 25 percent if the

offense is committed by a person holding a public post, by 10

percent if the offense is committed by the victim's guardian

and by 25 percent for repeat offenders. The Act calls for

the victim to receive at least 50 percent of the fine imposed

on the offender. The remaining 50 percent of the fines

imposed goes to a fund to support victim rehabilitation.



-- C. Punishment of Labor Trafficking Offenses: What are the

prescribed and imposed penalties for trafficking for labor

exploitation, such as forced or bonded labor and involuntary

servitude? Do the government's laws provide for criminal

punishment -- i.e. jail time -- for labor recruiters in labor

source countries who engage in recruitment of laborers using

knowingly fraudulent or deceptive offers that result in

workers being trafficked in the destination country? Are

there laws in destination countries punishing employers or

labor agents in labor destination countries who confiscate

workers' passports or travel documents, switch contracts

without the worker's consent as a means to keep the worker in

a state of service, or withhold payment of salaries as means

of keeping the worker in a state of service? If law(s)

prescribe criminal punishments for these offenses, what are

the actual punishments imposed on persons convicted of these

offenses? Please note the number of convicted labor

traffickers who received suspended sentences and the number

who received only a fine as punishment.



On August 12, 2007, the Interim Parliament passed an amended

and revised Foreign Employment Act 2007 (the Employment Act).

Under this new Employment Act, the punishment for labor

trafficking is 3 to 7 years of imprisonment and NRs 300,000

to 500,000 (USD 5,000 to 8,000). In line with the Employment

Act, the GON has also published supporting regulations. Some

of the provisions in the revised Employment Act and

regulations include:



-- New licensing requirements that include a NRs 3 million

(USD 47,500) deposit in order to obtain a license to supply

workers for overseas jobs.



-- The creation of a Foreign Employment Welfare Fund to be

used for the benefit of Nepali migrant workers. The fund is

a response to the growing cases of death, job displacements,

deportations and industrial accidents involving Nepalis

workers in foreign destinations. Each migrant worker is

required to contribute NRs 500 (USD 8) to the fund which will

be used mainly to rescue workers and repatriate remains of

deceased workers. In addition, the law requires each worker

to have insurance worth NRs 500,000 (USD 8,000) before

leaving for foreign employment.





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-- Provisions for the protection of the rights of migrant

workers and provisions to make foreign employment safe,

manageable and dignified. There are now specific provisions

for pre-employment orientation of workers, registration and

reintegration.



-- Elimination of gender discrimination in foreign employment

opportunities and quotas for women and other socially

excluded groups to ensure equal opportunity in foreign

employment.



-- Simplified procedures for foreign employment with

provisions for branch offices of recruiting agencies and

official agents; specialized departments and agencies will

handle foreign employment issues.



In addition, the Employment Act granted the MLTM the

authority to enter into agreements for the export of labor.

Since the passage of the Employment Act, Nepal has signed

labor agreements with the United Arab Emirates (July 3,

2007),South Korea (July 23, 2007) and Qatar (January 20,

2008) and the GON is currently working on an agreement with

Malaysia. Bahrain and Kuwait have also shown interest in

entering into labor agreements with Nepal. These bilateral

agreements will help to ensure the workers greater job and

personal security and provide them legal status in the

country of employment.



Nepal does not have diplomatic representation in many of the

countries that are open for foreign employment and over the

last year there have been a number of incidents where Nepali

migrant workers were stranded, fired or arrested and had no

legal recourse. The Labor Act requires the government to

deploy labor attaches in countries absorbing more than 5000

Nepali workers, however, the GON has not yet been able to

deploy any labor attaches. Both Israel and Kuwait banned

Nepali workers until Nepal opened an embassy to handle labor

issues. In early 2008, the GON established an Embassy in

Israel and entered into an agreement to send laborers to

Israel through the International Organization for Migration

(IOM).



The MLTM has mechanisms in place for migrant workers to file

complaints. In 2007, the MLTM registered 709 cases filed by

migrant workers against companies and individuals. There

were 332 cases filed against manpower companies; of these 10

were eventually filed in the District Court. There were 377

cases filed against individuals; of these 101 cases were also

filed in the District Court. The remaining cases were

resolved through mediation. Most of the complaints were for

fraud and deception; companies or individuals were accused of

taking money from workers in return for promised employment

overseas which was never provided. Other claims were for

forced return due to fraudulent medical reports. The

majority of cases were for differences between the

stipulated provisions and salary in the contract and at the

work site. According to the MLTM, claimants demanded

compensation of NRs 73.3 million (USD 1.16 million) in 2007.

A total of NRs 40.5 million (USD 643,000) was paid to victims

as compensation. Victim compensation is determined according

to the Foreign Employment Act and manpower or employment

companies found guilty risk losing their licenses issued by

the MLTM.



-- D. What are the prescribed penalties for rape or forcible

sexual assault? How do they compare to the prescribed

penalties for crimes of trafficking for commercial sexual

exploitation?



The maximum sentence for trafficking for commercial sexual

exploitation is higher than the maximum sentence for rape or



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forcible sexual assault. Penalties for rape vary with the

age of the victim. If the victim is under 10, jail sentences

of up to fifteen years are possible. If the victim is

between 10 and 14 years of age, the penalty is imprisonment

for 8 to 12 years. If the victim is between 14 and 16, the

penalty is 6 to 10 years. For victims 16 and over, the

maximum sentence is eight years. The penalty for marital

rape is 3 to 6 months. In all cases the property of the

accused is given to the victim as compensation. In addition,

the new Anti-Trafficking Act provides for the accused to be

punished under both laws if the victim is both raped and

trafficked.



-- E. Is prostitution legalized or decriminalized?

Specifically, are the activities of the prostitute

criminalized? Are the activities of the brothel

owner/operator, clients, pimps, and enforcers criminalized?

Are these laws enforced? If prostitution is legal and

regulated, what is the legal minimum age for this activity?

Note that in many countries with federalist systems,

prostitution laws may be under state or local jurisdiction

and may differ among jurisdictions.



The new Anti-Trafficking Act criminalizes the act of "causing

(a person) to be engaged in prostitution" and "having sexual

intercourse with a prostitute," but this law is not enforced.

The police engage in periodic raids of massage parlors,

dance bars and cabin restaurants. The girls are often taken

into the police station, harassed and fined and then returned

to continue business. The owners are rarely investigated or

charged. Nepali national law is silent regarding

prostitution. In practice, however, prostitutes are

frequently treated as criminals for violating public decency

under the Public Offense Act.



-- F. Has the government prosecuted any cases against human

trafficking offenders? If so, provide numbers of

investigations, prosecutions, convictions, and sentences

served, including details on plea bargains and fines, if

relevant and available. Please indicate which laws were used

to investigate, prosecute, convict, and sentence traffickers.

Also, if possible, please disaggregate by type of TIP (labor

vs. commercial sexual exploitation) and victims (children, as

defined by U.S. and international law as under 18 years of

age, vs. adults). Does the government in a labor source

country criminally prosecute labor recruiters who recruit

laborers using knowingly fraudulent or deceptive offers or

impose on recruited laborers inappropriately high or illegal

fees or commissions that create a debt bondage condition for

the laborer? Does the government in a labor destination

country criminally prosecute employers or labor agents who

confiscate workers' passports/travel documents, switch

contracts or terms of employment without the worker's

consent, use physical or sexual abuse or the threat of such

abuse to keep workers in a state of service, or withhold

payment of salaries as a means to keep workers in a state of

service? Are the traffickers serving the time sentenced? If

not, why not? Please indicate whether the government can

provide this information, and if not, why not?



The Government, through the Central Police Women's Cell and

district women's cells, actively investigates cases of

trafficking. However, the Government acknowledges it lacks

the trained manpower necessary to effectively investigate

trafficking cases. While no legal restrictions prevent the

police from conducting covert operations or electronic

surveillance, poor training, rudimentary equipment and lack

of recourse often prevent the police from conducting

effective investigations. Poor investigations and lack of

evidence, in turn, hinder prosecutions. Between July 2006

and July 2007, the Nepal Police Women's Cell filed 112



KATHMANDU 00000313 011 OF 025





trafficking cases. In addition, two Nepali NGOs report

separately they filed over 150 cases -- with Maiti Nepal

registering 27 trafficking cases and Saathi registering 135

cases. (Note: Saathi reports that only 3 out of the 135 are

still under consideration. End Note)



The most recent data available on prosecutions comes from the

Attorney General's Annual Report. The most recent report

covers the time period of July 15, 2005 through July 14,

2006. (Note: This is the same data that was used for last

year's report. The Attorney General's office reports that it

has not yet received data from all the districts, so has yet

to publish the 2006/2007 report.)



Government information on sentences and fines is difficult to

obtain as anti-trafficking cases are not aggregated in a

specific category, but rather among other diffuse categories

such as fraud and corruption.



The GON prosecutes labor recruiters who recruit workers using

knowingly fraudulent or deceptive offers or who impose

inappropriately high or illegal fees or commissions that

create a debt bondage condition for the recruited laborers.

In the 2006/2007 fiscal year, 709 cases were filed with the

MLTM, 111 of these cases were subsequently filed in the

District Courts and in 10 cases the labor company's license

was revoked.



During the reporting period, there were labor trafficking

cases in Malaysia and Korea, where local courts have assisted

Nepali workers in obtaining redress from employers. There was

one case in the Labor Court in Saudi Arabia involving five

laborers. One of the accused has been given a death

sentence. The GON is using diplomatic channels and informal

talks to obtain the latter laborers release before the death

sentence is carried out.



-- G. Does the government provide any specialized training

for government officials in how to recognize, investigate,

and prosecute instances of trafficking? Specify whether

NGOs, international organizations, and/or the USG provide

specialized training for host government officials.



As part of an anti-trafficking initiative begun in 1996, the

Nepal Police trained a limited number of personnel in the

investigation of trafficking. Most training programs of this

type are developed and administered by Nepal Police Women's

Cell and NGOs. The Nepal Police Women's Cell now operates 25

Women

and Children Service Centers in 23 districts that provide

training to local police on victim support techniques;

provide victims counseling; and raise public awareness about

violence against women and children. Despite extremely

limited funding, the GON supports these programs to the best

of its ability by providing facilities and making its

personnel available to participate.



The National Judicial Academy (NJA),established in 2005 as

an annex of the Supreme Court, provides training to judges,

government attorneys and other court staff. The NJA has

conducted national as well as regional workshops for judges

on trafficking, focusing on a "rights-based approach" to

ensure victims' rights. The NJA, in collaboration with

UNIFEM and other NGOs, conducted several trainings for

government officials in how to recognize, investigate and

prosecute instances of trafficking and on the implementation

of the new Anti-trafficking Act for 100 government officers,

including government attorneys, district judges and police

officers. The Attorney General's Office has indicated that

the Academy requires further capacity-building to be

effective. The government also has a staff college that



KATHMANDU 00000313 012 OF 025





provides basic training for all government employees,

including a small component on gender awareness issues.



--H. Does the government cooperate with other governments in

the investigation and prosecution of trafficking cases? If

possible, can post provide the number of cooperative

international investigations on trafficking during the

reporting period?



The GON cooperates with other governments informally in the

investigation and prosecution of trafficking cases. The

Nepal Police Women's Cell says it has good relations with

officials in India. Currently there is no formal mechanism

for cooperation and data is not compiled on such cooperation.



-- I. Does the government extradite persons who are charged

with trafficking in other countries? If so, can post provide

the number of traffickers extradited during the reporting

period? Does the government extradite its own nationals

charged with such offenses? If not, is the government

prohibited by law form extraditing its own nationals? If so,

what is the government doing to modify its laws to permit the

extradition of its own nationals?



The government cannot extradite persons who are charged with

trafficking to other countries under the Extradition Treaty

of 1953, Nepal's only extradition treaty, currently in force

with India. According to the 1953 Extradition Treaty, no

Nepalese national can be extradited to another country;

he/she must be tried in Nepal. In January 2005, the Home

Secretaries of Nepal and India approved and initialed a new



SIPDIS

extradition treaty, which has provisions for extradition

related to trafficking. However, the treaty is yet to be

signed. Nepal ratified the South Asian Association for

Regional Cooperation (SAARC) Convention on Preventing

Trafficking in Women and Children for Prostitution and the

SAARC Convention on Regional Arrangements for the Promotion

of Child Welfare in South Asia on October 31, 2005. These

conventions may have implications for extradition policies in

the future. To date, no Nepalese or other citizen has been

extradited for trafficking.



The new Anti-trafficking Act states that the Act applies to

anyone, residing inside or outside of Nepal, who commits an

offense (as defined in the Act) against a Nepali citizen.

However, in the absence of the necessary extradition

treaties, this provision is likely unenforceable in most

instances.



-- J. Is there evidence of government involvement in or

tolerance of trafficking, on a local or institutional level?

If so, please explain in detail.



While there are no formal reports of GON authorities

facilitating, condoning or otherwise being complicit or

involved in human trafficking, local anti-trafficking NGOs

report that police regularly put trafficking victims back

into situations where they are vulnerable to further coercion

by their traffickers. Other reports indicate that local

officials and border police sometimes accept bribes in

exchange for allowing traffickers and their victims to cross

Nepal's border with India.



In May of 2007 the Government owned Nepal Airlines

Corporation (NAC) was implicated in a scheme to transport

Nepali workers without the required visas to the United Arab

Emirates (UAE). UEA officials warned NAC to stop bringing

Nepalis to the UAE without visas. On April 23, NAC carried

22 passengers to Dubai who had no visas and no return tickets

and were reportedly subsequently trafficked onward to Iraq.

NAC claimed that authentic versus fake UAE visas were hard to



KATHMANDU 00000313 013 OF 025





distinguish. However the 22 stranded passengers had no visas

at all, fake or otherwise.



-- K. If government officials are involved in trafficking,

what steps has the government taken to end such

participation? Please indicate the number of government

officials investigated and prosecuted for involvement in

trafficking or trafficking-related corruption during the

reporting period. Have any been convicted? What sentence(s)

was imposed? Please specify if officials received suspended

sentences, were given a fine, fired, or reassigned to another

position within the government as punishment. Please provide

specific numbers, if available. Please indicate the number of

convicted officials that

received suspended sentences or received only a fine as

punishment.



No government official has been prosecuted for involvement in

trafficking or trafficking-related corruption.



-- L. As part of the new requirements of the 2005 TVPRA, for

countries that contribute troops to international

peacekeeping efforts, please indicate whether the government

vigorously investigated, prosecuted, convicted and sentenced

nationals of the country deployed abroad as part of a

peacekeeping or other similar mission who engage in or

facilitate severe forms of trafficking or who exploit victims

of such trafficking.



There was one case in Burundi of a Nepal peace-keeper

allegedly charged with sexual harrassament. The accused was

court martialed in 2007 and his promotion wsa withheld for

two years. He is prohibited from taking part in any future

UN peace-keeping missions. Details of the case were not

publicized.



-- M. If the country has an identified child sex tourism

problem (as source or destination),how many foreign

pedophiles has the government prosecuted or

deported/extradited to their country of origin? What are the

countries of origin for sex tourists? Do the country's child

sexual abuse laws have extraterritorial coverage (similar to

the U.S. PROTECT Act)? If so, how many of the country's

nationals have been prosecuted and/or convicted under the

extraterritorial provision(s) for traveling to other

countries to engage in child sex tourism?



Though Nepal has not identified a child sex tourism problem,

there has been significant growth in Nepal's sex tourism

industry and reports indicate that the girls being internally

trafficked into dance bars, cabin restaurants and massage

establishments are getting younger and younger. The average

age is now around 14. The GON has taken no steps to regulate

these establishments and the Nepal Tourism Board (NTB)

promotes "Wild Stag Weekends" on their website which had

advised, "Don't forget to have a drink at one of the local

dance bars, where beautiful Nepali belles will dance circles

around your pals." In response to a negative article that

appeared in the Economist magazine on January 26, 2008, the

NTB replied that the promotion was part of a branding

exercise that was not intended to promote sex tourism, rather

it was intended to "encourage holiday makers to enjoy

traditional Nepali dancing, where they could mingle freely

with the dancers." The promotion for "Wild Stag Weekends"

remains on the NTB website, however the language has been

changed.



3. PROTECTION AND ASSISTANCE TO VICTIMS:



-- A. Does the government assist foreign trafficking victims,

for example, by providing temporary to permanent residency



KATHMANDU 00000313 014 OF 025





status, or other relief from deportation? If so, please

explain.



Since Nepal is not a country of transit or destination for

trafficking, the GON does not have any special provisions for

foreign trafficking victims.



-- B. Does the country have victim care facilities which are

accessible to trafficking victims? Do foreign victims have

the same access to care as domestic trafficking victims?

Does the country have specialized facilities dedicated to

helping victims of trafficking? If so, can post provide the

number of victims placed in these care facilities during the

reporting period? What is the funding source of these

facilities? Please estimate the amount the government spent

(in U.S. dollar equivalent) on these specialized facilities

dedicated to helping trafficking victims during the reporting

period. Does the government provide trafficking victims with

access to legal, medical and psychological services? If so,

please specify the kind of assistance provided, and the

number of victims assisted, if available.



Nepal has limited victim care and victim health care

facilities that are run primarily by NGOs and donor-funded.

Through a network of NGOs, these facilities provide legal

aid, medical services, counseling, job training and

reintegration services to trafficking victims. In addition,

there are a number of NGO-run transit homes and victim

assistance centers available to provide immediate relief to

women and girls intercepted at the border. These transit

homes provide medical services, record the history and

profile of the victims or potential victims, identify

criminals and file cases where appropriate, arrange safe

passage to rehabilitation facilities and run non-formal

education classes. The NGOs work in cooperation and

coordination with the Nepal Police Women's Cell and

district-level police women's cells.



Complete records are not available for the total number of

victims who have received care or services from NGOs or the

Nepal Police Women's Cells. In 2007 the Central Nepal Police

Women's Cell estimated it provided services to approximately

1,100 victims. Maiti Nepal, an anti-trafficking NGO with

headquarters in Kathmandu and an operating budget of close to

USD 1.5 million, has three prevention homes, eight transit

homes, two rehabilitation homes and two hospices. Maiti

Nepal provides medical, counseling, reintegration,

rehabilitation and legal services to the women it rescues.

In 2007, Maiti Nepal intercepted approximately 2,800

potential victims, had 220 new arrivals at its rehabilitation

centers and registered 27 new trafficking cases. The Nepali

NGOs ABC Nepal and Saathi operate two transit homes and in

2007 provided shelter to over 400 women and children

intercepted at the border. Saathi also runs two

rehabilitation centers in Banke and Kanchanpur districts and

provides longer-term recovery and social reintegration

services to trafficking survivors and victims of violence

through its central care facility center in Kathmandu. In

2007, Saathi reports filing 135 case new trafficking cases.

The INGO Planete Enfants operates four transit homes in

Kanchanpur, Banke, Rupandehi and Morang (Terai districts

bordering India). The Esther Benjamin Trust, an INGO, also

has transit and long-term care facilities for trafficking

victims rescued from Indian circuses. The NGOs follow

"Standard Operating Procedure Guidelines" which guarantee a

minimum standard of care and rehabilitation, based on the

need to protect victims' integrity and dignity while

incorporating medical, legal, psycho-social and financial

support for personal and social reintegration.



-- C. Does the government provide funding or other forms of



KATHMANDU 00000313 015.4 OF 025





support to foreign or domestic NGOs and/or international

organizations for services to trafficking victims? Please

explain and provide any funding amounts in U.S. dollar

equivalent. If assistance provided is in-kind, please

specify exact assistance. Please explain if funding for

assistance comes from a federal budget or from regional or

local governments.



The GON does not fund foreign or domestic NGOs or

international organizations. Bilateral and multilateral

donors, working with the GON through the MWCSW and the Nepal

Police Women's Cell, fund local and foreign NGOs to provide

victim assistance, including, rehabilitation, medical care,

counseling, job training, education and legal services. The

MWCSW provides free legal counseling to victims through the

Nepal Women's Commission. As discussed in Section 2, the

new Anti-trafficking Act requires that the GON establish

rehabilitation centers to provide medical treatment,

counseling and social rehabilitation services to trafficking

victims and mandates the establishment of a rehabilitation

fund to support these centers. The MWCSW has plans to

establish three rehabilitation centers for trafficking

victims, one in Kathmandu, one in Kavre and one in Kailai,

but at present does not have the funds to set up the centers.

The NGO and INGO community are advocating for the GON to

contract out these services to the NGOs which have the

experience and capacity to operate these facilities. When

fully implemented, the Act will require the GON to provide a

significant amount of funding for victim assistance.



-- D. Do the government's law enforcement, immigration, and

social services personnel have a formal system of proactively

identifying victims of trafficking among high-risk persons

with whom they come in contact (e.g., foreign persons

arrested for prostitution or immigration violations)? What

is the number of victims identified during the reporting

period? Has the government developed and implemented a

referral process to transfer victims detained, arrested or

placed in protective custody by law enforcement authorities

to institutions that provide short-or long-term care? How

many victims were referred for assistance by law enforcement

authorities during the reporting period?



The GON's law enforcement, immigration and social service

personnel have very limited resources to proactively identify

potential victims of trafficking, but they are operating six

women and children centers at various locations along the

Indo-Nepal border. In addition, several domestic NGOs, with

the support of INGOs, have programs to identify potential

victims at several Indian border crossing points and at major

bus parks in Kathmandu. Maiti Nepal and several other NGOs

have established border surveillance teams at border points.

Trafficking survivors from NGO transit homes who are adept at

identifying potential victims and traffickers staff these

"vigilance booths" and work with the local police to identify

traffickers. Several other domestic NGOs have outreach

programs and information booths at the major bus parks in

Kathmandu. Their outreach coordinators work to identify and

provide assistance to possible trafficking victims. Data on

the number of victims is incomplete, but Maiti Nepal reported

intercepting over 2,700 potential victims and Saahti reported

intercepting over 400. Although there is no formal screening

or referral process in place to transfer victims from

Government custody into local care facilities, police

typically refer victims to local NGOs that maintain

rehabilitation centers. Usually, the NGO that initially

takes in the trafficking victim provides most of the services.



While Nepal's labor migration system is still largely

undeveloped, in 2007 the MLTM, with the support of the ILO,

made significant progress in addressing the myriad of



KATHMANDU 00000313 016.2 OF 025





problems surrounding labor migration. One notable initiative

was the establishment of a "safe migration" desk at Kathmandu

Tribhuvan Internatinal Airport in April 2007. Officials at

this desk monitor the flow of migrant workers, check for

proper papers and visas and provide information on worker's

rights.



-- E. For countries with legalized prostitution: does the

government have a mechanism for screening for trafficking

victims among persons involved in the legal/regulated

commercial sex trade?



Prostitution is not legalized in Nepal.



-- F. Are the rights of victims respected? Are trafficking

victims detained or jailed? If detained or jailed, for how

long? Are victims fined? Are victims prosecuted for

violations of other laws, such as those governing immigration

or prostitution?



The GON protects and respects the rights of victims.

Trafficking victims are not detained, jailed, or deported,

nor are they prosecuted for violations of other laws. Child

victims are placed in foster care in a government

institution. The Nepal Police Central Women's Cell in

Kathmandu and other district-level Women's Cells assist

victims of trafficking and domestic violence. During the

reporting period, the number of Women's Cells increased from

24 to 25 and the number of female police officials deployed

in 37 districts increased to 308. In districts lacking a

Women's Cell, victims are more likely to deal with male

police officers who may not be as sensitized to trafficking

crimes as the female Women's Cell officers.



During the reporting period, there have been several negative

reports of police harassing and endangering victims. The

police are known to engage in periodic raids of massage

parlors, dance bars and cabin restaurants. The girls working

in these establishments are reportedly harassed in police

stations, fined and then returned to work. No effort is

being made to determine the age of these girls and whether or

not they are victims of trafficking. In addition, there are

reports of police requiring victims to travel back to the

district where they were trafficked to give their statement

and confining victims in vehicles and holding rooms with

their traffickers.



-- G. Does the government encourage victims to assist in any

victims assisted in the investigation and prosecution of

traffickers during the reporting period? May victims file

civil suits or seek legal action against traffickers? Does

anyone impede victim access to such legal redress? If a

victim is a material witness in a court case against a former

employer, is the victim permitted to obtain other employment

or to leave the country pending trial

proceedings? Are there means by which a victim may obtain

restitution?



The GON actively encourages trafficking victims to file civil

suits or seek legal action against traffickers and the new

Anti-trafficking Act contains special provisions intended to

protect trafficking victims such as the option of in-camera

hearings and other special privacy provisions. While a step

in the right direction, these provisions only add to a number

of existing fragmented legal provisions on witness protection

and a comprehensive law on victim protection is still needed.

USAID's South Asia Regional Initiative for Gender Equity

(SARI/Q) program has finalized a draft of a victim/witness

protection protocol for Nepal, India, Bangladesh and Sri

Lanka. The draft remains under consideration by Nepal.





KATHMANDU 00000313 017.3 OF 025





A victim may seek legal action against a trafficker, but in

reality this rarely happens. More often a victim's access to

legal recourse is impeded by traffickers and sometimes the

police. Until adequate protection can be provided, threats

by traffickers, lack of personal security, and

non-cooperative communities will continue to discourage

victims from pursuing legal recourse. In most cases, the

victims are too frightened of the consequence to request

prosecution or take any legal action, preferring to quietly

blend back into society.



If the victim is a material witness in a court case against a

former employer, she/he is not permitted to obtain other

employment or to leave the country until the case is over.

The GON can legally provide travel and lodging expenses for

trafficking victims acting as witnesses, though in practice

money is rarely provided.



For labor migrants that find themselves trafficked, the MLTM

investigates cases and arbitrates/mediates out-of-court

settlements. If settlement cannot be reached, if the case is

too serious, or the agreed compensation is not paid, then the

MLTM refers the case to the police for further action. The

worst offenders are jailed. When manpower agencies are

involved, their licenses are revoked.



-- H. What kind of protection is the government able to

provide for victims and witnesses? Does it provide these

protections in practice? What type of shelter or services

does the government provide? Are these services provided

directly by the government or are they provided by NGOs or

IOs funded by host government grants? Does the government

provide shelter or housing benefits to victims or other

resources to aid the victims in rebuilding their lives? Where

are child victims placed (e.g., in shelters, foster care, or

juvenile justice detention centers)? What is the number of

victims assisted by government-funded assistance programs

during the reporting period? What is the number of victims

assisted by non government-funded assistance programs? What

is the number of victims that received

shelter services during the reporting period?



The Nepal Police Women's Cell provides limited protection to

victims. When a victim files a civil suit or makes a

criminal complaint, the GON prosecutes the case at no cost to

the victim. Under the new Anti-trafficking Act, the

government is now required to provide at the victim's request

in-camera court proceedings and victims are entitled to half

the fine imposed on the accused by the court. The other half

of the fine is to be used by the government for victim

rehabilitation centers. Currently, the government does not

have any facilities for shelter and victim services. All of

the existing shelter facilities and victim services are

provided by NGOs and there are no existing mechanisms for

monitoring or evaluation.



Complete records are not available for the total number of

victims who have received care or legal services from NGOs or

the Police Women's Cells. However, the Nepal Police Women's

Cell estimates it provided aid to approximately 1,100 victims

in 2007. Both Maiti Nepal and Saahti provided shelter (see

paragraph B),legal aid and register cases related to

trafficking, rape and foreign employment with Nepali courts.

In 2007, Maiti Nepal assisted in registering 27 trafficking

cases in Nepali courts and Saahti 135 cases.



-- I. Does the government provide any specialized training

for government officials in identifying trafficking victims

and in the provision of assistance to trafficked victims,

including the special needs of trafficked children? Does the

government provide training on protections and assistance to



KATHMANDU 00000313 018 OF 025





its embassies and consulates in foreign countries that are

destination or transit countries? Does it urge those

embassies and consulates to develop ongoing relationships

with NGOs and IOs that serve trafficked victims? What is the

number of trafficking victims assisted by the host country's

embassies or consulates abroad during the reporting period?

Please explain the level of assistance. For example, did the

host government provide travel documents for the victim to

repatriate, did the host government contact NGOs in either

the source or destination countries to ensure the victim

received

adequate assistance, did the host government pay for the

transportation home for a victim's repatriation, etc.



Specialized training for government officials is very

limited. The Nepal Police Women's Cell has a limited

training program to build investigative capacity and several

NGOs worked with the MWCSW to enhance the capacity of the

district trafficking task forces by conducting two-day

workshops.



Nepal's labor migration system is largely undeveloped and

there is weak institutional support for safe migration

management. GON representatives at Nepali Embassies and

consulates located in countries where victims are often

trafficked receive information about trafficking as part of

their general training but they do not receive specialized

training in recognizing trafficking nor in the provision of

assistance to trafficked victims.



In 2007, GON officials assisted with the repatriation of 22

laborers from Malaysia and 8 from Saudi Arabia. In general,

however, Nepali Embassies lack the human and other resources

to help trafficking victims who face labor exploitation in

foreign countries. The Embassies provided travel documents,

but the manpower companies bore all of the cost. Moreover,

Nepal does not have diplomatic representation in many of the

countries that are open for foreign employment and over the

last year there have been a number of incidents where Nepali

migrant workers were stranded, fired or arrested and had no

legal recourse. Both Israel and Kuwait banned Nepali workers

until Nepal opened an embassy to handle labor issues.



Over the past year the MLTM, with the support of the ILO, has

worked hard to improve foreign migration and to provide

Nepali citizens with more information, resources and

protection. The new Foreign Employment Act authorized the

MLTM to enter into labor export agreements and required the

GON to deploy labor attaches in countries absorbing more than

5000 Nepali workers. To date the GON has not deployed any

labor attaches. The Foreign Employment Act also mandates the

creation of a Foreign Employment Welfare Fund to be used for

the benefit of Nepali migrant workers. The fund will be used

to rescue workers and repatriate remains of deceased workers.





There are several NGOs which are also working to make foreign

migration safer. The NGO Pourakhi, an organization of

returnee women migrant workers, has a radio program,

established a listeners' club and is conducting awareness

activities to educate potential migrants on safe migration.

Maiti Nepal also offers information on safe migration.



-- J. Does the government provide assistance, such as medical

aid, shelter, or financial help, to its nationals who are

repatriated as victims of trafficking?



The Nepal Police Women's Cell and district cells provide

assistance to repatriated nationals who are victims of

trafficking by referring the victims to NGOs.





KATHMANDU 00000313 019.2 OF 025





-- K. Which international organizations or NGOs, if any, work

with trafficking victims? What type of services do they

provide? What sort of cooperation do they receive from local

authorities? How much funding (in U.S. Dollar Equivalent)

did NGOs and international organizations receive from the

host government for victim assistance during the reporting

period? Please disaggregate funding for prevention and

public awareness efforts from victim

assistance funding. NOTE: If post reports that a government

is incapable of providing direct assistance to TIP victims,

please assess whether the government ensures that TIP victims

receive access to adequate care from other entities.

Funding, personnel, and training constraints should be noted,

if applicable. Conversely, the lack of political will in a

situation where a country has adequate financial and other

resources to address the problem should be noted as well.



According to ONRT and GON ministries, nearly 200 NGOs, and

INGOs (including human rights NGOs) and the National Human

Rights Commission are active in the effort to control

trafficking in Nepal. Several NGOs and INGOs have

rehabilitation and skills-training programs for trafficking

victims. NGOs that provide both shelter and skills-training

include: ABC Nepal, Maiti Nepal, Saathi, Sahara, Peace

Rehabilitation Center, the Esther Benjamim Trust, Women's

Rehabilitation Center (WOREC),Shakti Samuha, Change Nepal,

and the Women Awareness Center. Other Nepali NGO's and

organizations working on legal aspects, public education

and/or trafficking research include the Kathmandu School of

Law, Nepal Institute of Development Studies, Center for Legal

Research and Resource Development, Aawaj, Legal Aid and

Consultancy Center, Pro-Public, Pourakhi, Forum for Women,

Law and Development and Women for Human Rights.

International organizations working on both sexual and labor

exploitation trafficking issues in Nepal include: UNIFEM,

UNICEF, UNAIDS, UNODC, the ILO, the Asia Foundation, the

Daywalka Foundation, the International Organization for

Migration (IOM),Terre des Hommes, Hoste Hainse, Ray of Hope,

World Education, the Lutheran World Federation-Nepal, Save

the Children, and Planete Enfant. Central and local

authorities cooperate fully with NGOs. With the GON's

endorsement, many NGOs conduct public information and

outreach campaigns in rural areas. They also provide

prevention education, micro-finance, rehabilitation, advocacy

and legal assistance. Two representative NGOs are members of

the MWCSW's National Task Force, and the GON works closely

with NGOs to provide services to victims and assist in the

implementation of the National Plan of Action.



The GON lacks the resources (funds, personnel and training)

to provide direct assistance to trafficking victims, as well

as funding to NGOs to support their work. The political and

economic crisis in the country has sidelined the issue of

trafficking and donor funding has decreased dramatically over

the past three to four years. In 2007 many trafficking

projects ended while demand continues to increase.



4. PREVENTION:



-- A. Does the government acknowledge that trafficking is a

problem in the country? If not, why not?



The GON acknowledges publicly that trafficking is a national

problem and has expressed its commitment to address the

issue. The Anti-Trafficking Act passed in 2007 by the

Interim Parliament, as well as commitments by the 7 political

parties in the governing coalition to include the fight

against human trafficking in their party manifestos

demonstrates a certain political will to seriously address

the problem. However, the GON's implementation and financial

commitment to the problem remain weak.



KATHMANDU 00000313 020 OF 025







-- B. Are there, or have there been, government-run

anti-trafficking information or education campaigns conducted

during the reporting period? If so, briefly describe the

campaign(s),including their objectives and effectiveness.

Please provide the number of people reached by such awareness

efforts if available. Do these campaigns target potential

trafficking victims and/or the demand for trafficking (e.g.

"clients" of prostitutes or beneficiaries of forced labor)?



The GON declared September 6 (20 Bhadra in the Nepali

calendar) National Anti-Trafficking Day. The occasion was

marked by a 3-day program involving over 40 organizations.

The program included a rally and an extensive information

campaign. In addition, all seven governing political parties

signed a declaration committing to the fight against human

trafficking.



In 2007 there were several government-run anti-trafficking

information and education campaigns. In collaboration with

donor agencies, NGOs and INGOs the GON supported programs

focused on awareness raising, advocacy and lobbying, income

generation, health, education, research, safe migration,

surveillance, reintegration and prepared radio programs,

audio-visual presentations, booklets, pamphlets and

signboards aimed at preventing trafficking among vulnerable

groups. Other NGO-supported trafficking projects included

various non-formal education and literacy projects, legal and

vocational training and projects to create gainful employment

opportunities and promote community mobilization.



According to the National Plan of Action, task forces in 26

high-risk districts are mandated to identify

trafficking-prone areas, conduct awareness-raising campaigns,

collect data on trafficking, disseminate trafficking-related

information and coordinate to address the issue of

trafficking. In 2007 the MWCSW provided small grants to

these task forces to conduct activities such as awareness

raising and community mobilization at the district and

village level.



The Nepal Police have established local-level Women and

Children Service Centers as part of their community policing

efforts. The Centers are part of the Government's

anti-trafficking efforts and operate with a combined mandate

of law enforcement, counseling and public awareness. There

are currently 25 of these centers in 23 districts. To

address trafficking the WCSC has launched a social-awareness

raising program and is working on building a strong network

to provide information and intelligence. The WCSC has

deployed vigilance team in the Nepal-India border areas to

build investigation capacity through various training

programs and to launch victim support programs in cooperation

with both other government and non-government organizations.



The Office of the National Rapporteur for Trafficking (ONRT)

launched a television and radio public service announcement

to make women more aware of trafficking schemes and the

possibility that their husbands could be involved. The ONRT

also conducted media and trafficking research to investigate

the impact of media campaigns on trafficking and prepared a

profile of the NGOs and INGOs working to combat trafficking.

The ONTR is currently working on a report to determine the

best strategies for combating trafficking by looking at

discrimination and the denial of economic, social and

cultural rights in west Nepal.



Encouraging children to stay in school is a large component

of the government's campaign to eliminate child labor and

prevent trafficking. The GON has national 'Welcome to

School' campaigns to enroll and retain children in school in



KATHMANDU 00000313 021 OF 025





order to keep them out of the work-force or from being

trafficked. Annual enrollment campaigns, scholarships for

disadvantaged students, increased resources at the school

level, increased community participation in school management

and liberal promotion are additional GON policies aimed at

increasing enrollment and retaining children in schools.

This has resulted in an increase in the numbers of children,

particularly girls, attending school and completing high

school.



The GON's National Child Labor program aims to prevent

trafficking in children. The GON has also increased

supervision and monitoring of children's homes suspected of

trafficking in children. The U.S. Department of Labor

(DOL)-funded "Timebound" and "Brighter Future" projects

address child trafficking. The second phase of the Brighter

Future Program will be implemented in 26 districts and in 8

sectors identified as suffering the worst forms of child

labor. The program supports trafficking victims through

non-formal education, vocational training and formal school

and aims to rehabilitate 800 trafficking victims through

educational and vocational interventions.



The Ministry of Education and Sports publishes a newsletter

annually and operates programs in all 75 districts to create

awareness among parents about the importance of sending their

children to school. Programs include street dramas and

public service announcements through Radio Nepal.



Efforts by the GON, INGOs and NGOs to raise public awareness

have resulted in the interception of potential trafficking

victims within communities and at the Indo-Nepal border and

increasingly positive acceptance of victims by the community

and family. Increased parental awareness has made parents

less susceptible to releasing their children to traffickers

who make false promises.



-- C. What is the relationship between government officials,

NGOs, other relevant organizations and other elements of

civil society on the trafficking issue?



The relationship between government organizations, NGOs and

INGOs remains cooperative and productive. The MWCSW fosters

a collaborative relationship with donors and NGOs in joint

pursuit of anti-trafficking goals. In 2007, MWCSW, UNIFEM

and USAID implemented a cross-border initiative in two

districts to: facilitate safe migration; conduct effective

interception, rescue and repatriation; strengthen the

vigilance cells operated by local NGOs; and build media

capacity for investigative reporting to educate the public.

Similarly, other line agencies of the government also work in

collaboration with UNIFEM, ILO and the International

Organization for Migration (IOM) to combat human trafficking

in the sexual and labor markets.



-- D. Does the government monitor immigration and emigration

patterns for evidence of trafficking? Do law enforcement

agencies screen for potential trafficking victims along

borders?



Nepal's open land border with India makes stringent

monitoring of immigration and emigration for evidence of

trafficking very difficult. The MLTM has established a "safe

migration" desk at the Kathmandu's Tribhuvan International

Airport to screen migrant workers and discourage illegal

immigration. However, to avoid screening, many trafficking

victims travel to India via land borders and then leave for

destination countries from Indian airports.



The GON, in cooperation with a number of NGOs, has

established cross-border initiatives to develop mechanisms to



KATHMANDU 00000313 022 OF 025





intercept potential victims and traffickers at Indo-Nepal

crossings and rescue and repatriate victims from India. INGO

Planete Enfant, along with local NGOs ABC Nepal and Saathi,

has border checkposts in thirteen districts to intercept

potential victims. Among them, vigilance centers were

installed in five districts and mobile vigilance is carried

out in eight districts. Additionally, Maiti Nepal and Saathi

employ trafficking survivors to work with law enforcement

along the border to intercept and screen suspected

trafficking victims.



-- E. Is there a mechanism for coordination and communication

between various agencies, internal, international, and

multilateral on trafficking-related matters, such as a

multi-agency working group or a task force? Does the

government have a trafficking in persons working group or

single point of contact? Does the government have a public

corruption task force?



The International Agencies Coordinating Group on Trafficking

(IACG) includes bilateral donors, INGOs, and UN agencies.

The IACG acts as the mechanism for donor coordination and

communication on trafficking-related matters. It meets

periodically to provide updates on current efforts, avoid

duplication and make proper use of resources in combating

trafficking. The GON has established a national and district

task force in 26 districts. The Government's national task

force against trafficking also coordinates and facilitates

among government agencies and NGOs. The national task force

is the GON's point of contact on trafficking matters. The

Office of the National Rapporteur on trafficking (ONRT) under

the National Human Rights Commission monitors and prepares

reports on Government anti-trafficking initiatives. The

Commission for the Investigation of the Abuse of Authority

(CIAA) investigates public corruption.



-- F. Does the government have a national plan of action to

address trafficking in persons? If so, which agencies were

involved in developing it? Were NGOs consulted in the

process? What steps has the government taken to disseminate

the action plan?



In 2003 the GON adopted a national policy and supporting plan

of action to combat trafficking in women and children and

their commercial sexual exploitation. The policy and plan

were developed in consultation with the ILO, NGOs and

relevant government agencies, including the Ministries of

Home, Law, and Local Development. The main features of the

13-point policy are:



-- Public awareness campaigns against human trafficking will

be implemented on a large scale.

-- Action will be taken to remove laws that discriminate

against women.

-- The GON, NGOs, INGOs and private sector will be mobilized

to combat human trafficking.

-- The MWCSW will act as the national focal point for

carrying out all anti-trafficking activities.

-- The GON will open doors for bilateral and multilateral

cooperation to combat trafficking.

-- The GON will protect the human rights of women and

children.

-- Offenders will be heavily fined and the proceeds used to

compensate victims.

-- Steps will be taken to control the spread of HIV/AIDS as

this is associated with trafficking and commercial sexual

exploitation of women and children.

-- The GON will take the necessary steps to alleviate poverty

and provide employment opportunities to women.

-- The GON will establish co-ordination committees at the

national, district and municipal levels to control



KATHMANDU 00000313 023 OF 025





trafficking.

-- Commitment from all political parties will be taken to

control trafficking.

-- Joint programs with the non-governmental organizations

will be carried out for the safe rehabilitation and

reintegration of the survivors of trafficking.



The plan of action identifies eight strategic areas of

developmental intervention to combat trafficking. The broad

headings of these interventions are as follows:

--1. Policy, research and institutional development.

--2. Legislation and enforcement.

--3. Awareness creation, advocacy, networking and social

mobilization.

--4. Health and education.

--5. Income and employment generation.

--6. Rescue and reintegration.

--7. Trans-border, regional and international issues.

--8. Monitoring and evaluation.



The Ministry of Women, Children and Social Welfare (MWCSW)

has primary responsibility for the development and

coordination of the Government's anti-trafficking efforts.

The MWCSW has instituted a National Task Force against

Trafficking, which includes personnel from the Ministries of

Labor and Transportation Management (MLTM),Local

Development, Home, Health, Foreign Affairs, Education and

Sports, and Law, Justice and Parliamentary Affairs; the

National Planning Commission; and the Nepal Police. The ILO,

United Nations Children's Fund (UNICEF) and two

anti-trafficking NGOs (ABC Nepal and Maiti Nepal) are also

members. The National Task Force against Trafficking meets

twice a year.



The Plan of Action is being implemented in 26 high-risk

districts with most efforts focused on prevention and the GON

has had success in getting and keeping girls in school.

However, many NGOs and other organizations working to combat

trafficking indicate that the Plan is not used much and has

become seriously outdated. The Plan focuses mainly on

trafficking of girls and women to India for commercial sex

work and does not sufficiently address the internal

trafficking of women and children or labor trafficking.



-- G: For all posts: As part of the new criteria added to

the TVPA's minimum standards by the 2005 TVPRA, what measures

has the government taken during the reporting period to

reduce the demand for commercial sex acts? (see ref B,

para. 9(3) for examples)



Although enforcement remains an issue, the new

Anti-trafficking Act criminalizes having sex with a

prostitute.



-- H. Required of Posts in EU countries and posts in Canada,

Australia, New Zealand, Japan, China, Singapore, South Korea,

Taiwan, and Hong Kong: As part of the new criteria added to

the TVPA's minimum standards by the 2005 TVPRA, what measures

has the government taken during the reporting period to

reduce the participation in international child sex tourism

by nationals of the country?



-- I. Required of posts in countries that have contributed

over 100 troops to international peacekeeping efforts

(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,

Bolivia, Brazil, Burkina Faso, Cambodia, Cameroon, Canada,

Chile, China, Denmark, Egypt, Ethiopia, Fiji, Finland,

France, Gambia, Germany, Ghana, Greece, Guatemala, Hungary,

India, Indonesia, Ireland, Italy, Jordan, Kenya, Malawi,

Malaysia, Mali, Mongolia, Morocco, Namibia, Nepal, the

Netherlands, Niger, Nigeria, Pakistan, Peru, Philippines,



KATHMANDU 00000313 024 OF 025





Poland, Portugal, Qatar, Romania, Russia, Rwanda, Senegal,

Slovakia, South Africa, Spain, Sri Lanka, Sweden, Tanzania,

Togo, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay,

Zambia, and Zimbabwe): What measures has the government

adopted to ensure that its nationals who are deployed abroad

as part of a peacekeeping or other similar mission do not

engage in or facilitate severe forms of trafficking or

exploit victims of such trafficking?



Nepali nationals who are deployed abroad as part of a

peacekeeping or other similar mission must attend a course at

the Birendra Peace Operations Training Center operated by the

Nepalese Army before they are deployed. Training at the

center includes information on human trafficking and the

exploitation of victims of such trafficking.



5. NOMINATION OF HEROES AND BEST PRACTICES



-- A. HEROES. The introduction to the past three TIP Reports

has included a section honoring Anti-Trafficking "Heroes" who

came to G/TIP's notice during the preceding year as

individuals or representatives of organizations that

demonstrate an exceptional commitment to fighting TIP above

and beyond the scope of their assigned work. Department

would encourage post to nominate such individuals for

inclusion in a similar section of the 2008 Report. Please

submit, under a subheading of "TIP Hero(es)," a brief

description of the individual or organization's work, and

note that the appropriate individual(s) have been vetted

through databases available to post (e.g. CLASS and any law

enforcement systems) to ensure they have no visa

ineligibilities or other derogatory information.



We would like to nominate the Esther Benjamins Memorial

Foundation Rescue Team of Bhim Lama, Ganesh Shrestha and

Kumar Giri. They have liberated in excess of 280 Nepali

girls from a life of misery in Indian circuses since 2004.

Amidst threats of beatings and intimidation, they have made

40 rescue missions into Indian circuses. In Nepal they have

apprehended 6 agents who had trafficked the girls leading to

some of these agents serving terms of up to 20 years.



-- B. BEST PRACTICES. For the past four years the Report has

carried a section on "Best Practices" in addressing TIP.

This section highlights particular practices used by

governments or NGOs in addressing the various challenges of

TIP and serves as a useful guide to foreign governments and

posts as they design anti-TIP projects and strategies. The

Department encourages post to nominate "best practices" from

their host countries for showcasing in the 2008 Report.

Please submit, under a "Best Practice" subheading, a brief

summary of the activity or practice, along with the positive

effect it has had in addressing TIP.



In 2006 and 2007, USAID partnered with UNIFEM and the MWCSW

to implement a pilot project in two districts on the

Indo-Nepal border. The project was designed to encourage the

involvement of the GON's Women Development Officers, who are

present in almost all of Nepal's 75 Districts. The project

identified various stakeholders, including law enforcement

agencies, media, leaders of faith-based organizations,

academics, local NGOs and non-traditional stakeholders such

as youth groups, transport workers, women's groups, trade

unions and medical professionals, and invited them to attend

workshops to inform them about the problem of human

trafficking in their communities. Through these workshops

informal community networks were established to combat

trafficking, influence behavior and policy changes and

support existing programs working to identify and assist

potential victims. The program was recognized as a good and

replicable practice at an international forum on trafficking.



KATHMANDU 00000313 025 OF 025





More importantly, the program targets prevention efforts in

communities where trafficking can be stopped before potential

victims are harmed.



In August, the Kathmandu School of Law released a regional

study involving legal research from India, Bangladesh and

Nepal. The study indicated that a new approach to combating

trafficking was needed to end human trafficking. The study

revealed that human trafficking in South Asia could not

effectively be addressed without applying a unified legal

approach with focused on both the source and destination

sides of trafficking. The study makes recommendations for

harmonizing regional anti-trafficking legal frameworks,

policies and programs, and encourages cooperation at the

regional level to place anti-trafficking responses in the

context of international human rights standards.



6. (U) POINT OF CONTACT AND REPORTING TIME



-- A. Point of contact on trafficking is Political/Economic

Officer Carla Bachechi; phone 977-1-400-7200, fax

977-1-400-7270; email BachechiCL@state.gov.

-- B. OMB Reporting Requirements: A Political/Economic

Officer, FS-04, spent 58 hours researching, drafting, and

clearing this report. Two political/economic FSNs worked on

research for the report: FSN-11 spent 12 hours and FSN-7

spent 16 hours. An FSN-11 at USAID spent 24 hours

researching and editing content of the report. The

Political/Economic Chief, FS-02, spent 2.5 hours; the Acting

Regional Security Officer, FS-03, spent 1 hour; the USAID

Program Officer, FS-03, spent 2 hours; the DCM, FS-01, spent

2 hours; and the Ambassador, SFS, spent 2 hours clearing the

report.



POWELL

POWELL