2008 TRAFFICKING IN PERSONS REPORT

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08KATHMANDU313 18 March 2008 No clasificado Embassy Kathmandu

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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
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.

KATHMANDU 00000313 002.2 OF 025

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

KATHMANDU 00000313 003.2 OF 025

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

KATHMANDU 00000313 005.2 OF 025

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

KATHMANDU 00000313 008.3 OF 025

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

KATHMANDU 00000313 010 OF 025

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