Human Trafficking Assessment Tool (HTAT) Report for Nepal 2011-12Presentation Transcript
Human Trafficking in Nepal Public Release of Human Trafficking Assessment Tool Report for Nepal
ROLL-OUT EVENT IN WASHINGTON, DC In June 2012, ABA ROLI released its HTAT Report for Nepal, funded by Humanity United. Following the release, experts from Free the Slaves, Global Centurion Foundation, GoodWeave USA, Solidarity Center, U.S. Department of Labor, and U.S. Department of State, discussed effective and innovative methods of combating human trafficking in South Asia and confronting the demand for child slaves. The event took place at GWU Law School.
HUMAN TRAFFICKING ASSESSMENT TOOL The HTAT is a mechanism for assessing countries’ compliance with pertinent international legal standards, particularly the UN Trafficking Protocol De Jure Is the legal system is sufficiently strong Analysis to combat trafficking in persons? Has the State committed appropriate resources De Facto and taken concrete steps to prevent Analysis human trafficking, prosecute the traffickers, and protect the victims?
HTAT REPORT FOR NEPAL Partnership with local CSO Publication Desk review of pertinent and roll out legislation De Jure Analysis Internal and Interviews with in-country 60 stakeholders De Facto peer review and survivors Analysis
NEPAL BACKGROUNDCountry in South Underdeveloped:Asia landlocked 25% of population between lives below India and China poverty line Low literacy rate: Population: Adult females: 35% 29.8 million Adult males: 63% Multi-cultural, Impacts of 10-year multi-lingual, civil conflict between multi-ethic, the Maoists and multi-religious Government
ASSESSMENT JOURNEY:KATHMANDU VALLEY, MAKWANPUR, MORANG & KANCHANPUR
KATHMANDU In Nepal’s capital, respondents focused on anti-human trafficking laws, policies, and four forms of trafficking in persons: internal and transnational sex trafficking, exploitation of Nepali migrant workersabroad, worst forms of child labor within Nepal, and illicit transplantation of organs.
MAKWANPUR Central Development Region Interviewees in Makwanpur discussed in detail the phenomenon of trafficking in Nepali children to Indian circuses
MORANG Eastern Development Region Morang is primarily a transit point for victims trafficked to India or through India to other destinations, particularly Malaysia and the Gulf States
KANCHANPUR Far-Western Development Region In Kanchanpur, interviewees talked extensively about bonded labor and other forms of servitude
INDO-NEPAL BORDER The Indo-Nepal border is open and very porous. 2,000 Nepalis leave the country every day to destinations other than India. Many fall victim to debt bondage and labor and sexual exploitation. The Selling of Innocents
RESPONSE TO TRAFFICKING IN PERSONS IN NEPAL HTAT REPORT – CORE FINDINGS Legal Prevention ProtectionFramework International Prosecution Cooperation
LEGAL FRAMEWORK • All forms of trafficking in persons are prohibited and Positive punishable under the lawDevelopments • Nepal has a National Plan of Action against Trafficking in Persons • No clause rendering consent of victim irrelevant • Law does not address prevention, witness protection, repatriation, immigration status of foreign victims, Gaps international cooperation or border measures& Challenges • Lower sanctions for labor trafficking than sex trafficking • Compensation provision is flawed and unevenly applied • No liability of legal persons
Prevention • Many NGOs implement prevention programs, including radio spots, community awareness raising and door-to- Positive door education and counselingDevelopments • Growing number of governmental and non- governmental projects focus on safe migration and foreign employment • Critical lack of conceptual clarity about human trafficking Gaps • No sufficient effort to involve media in prevention • Governmental prevention programs are largely invisible& Challenges • Informal migration sector is flourishing • Insufficient efforts addressing demand and root causes of trafficking
Protection • Law protects the trafficking victims’ privacy; provides for the establishment of rehabilitation centers and a rehabilitation fund; prescribes in camera court proceedings Positive • Increasing number of victims receive legal assistance fromDevelopments non-governmental organizations and bar associations • Police and diplomatic missions provide assistance to NGOs which conduct rescue and repatriation operations • Comprehensive, well-functioning witness protection mechanism for victims and witnesses of human trafficking is non-existent • Many victims are arrested and charged for indecent Gaps behavior under Some Public Crime Act& Challenges • With the exception of subsidizing seven rehabilitation centers, the government’s actions aimed at protecting and assisting trafficking victims are minimal • Victims encounter multiple barriers to access to justice • Compensation is almost never recovered from traffickers
Prosecution • Human trafficking is considered one of the gravest crimes Positive • Government plans to form a specialized human trafficking investigative unit within the Central Investigation BureauDevelopments • Many NGOs offer anti-human trafficking trainings for law enforcement and justice sector officials • Burden of proof lies on the defendant • Cross-border trafficking for the purpose of labor exploitation is often wrongfully charged under the Foreign Employment Act as a labor violation Gaps • Investigation of human trafficking is viewed as ineffective, highly politicized, and prone to corruption& Challenges • Evidence in most cases is circumstantial and weak • Conviction rates in human trafficking cases are lower than in other criminal cases • Obstruction of justice is commonplace and remains unpunished
International Cooperation • Nepal has a standalone legislation regulating the extradition procedure and is finalizing its first mutual legal assistance legislation Positive • Nepali and Indian law enforcement officers collaborateDevelopments in an informal manner at the local level • Mutual legal assistance agreement and new extradition treaty with India are underway • Nepal does not have an institutionalized mechanism for mutual legal assistance in criminal matters or bilateral law enforcement cooperation Gaps • Formal extradition mechanisms are almost never utilized to extradite alleged or convicted traffickers& Challenges • No written procedure or official timeframe for repatriation of trafficking victims or verification of travel and identity documents issued in the name of the government
To access the HTAT Report for Nepaland learn more about ABA ROLI’s efforts to combat trafficking in persons worldwide, please visit our website at: www.abarol.org