This is not an isolated case in trafficking of Nepal. Nepal is, in fact, a major source of victims for traffickers. Despite the many initiatives by civil society to combat the crime, and despite being a signatory to several international human rights instruments and having endorsed a new domestic anti-trafficking act in 2007, the prevalence of trafficking of persons and the impunity of those involved has not abated. The responsibility for the persistence of this crime does not lie solely with those that continue to commit it, but rather with the institutions that are in place to control and combat it and, sadly enough, with all the rest of society.
Human trafficking is the recruitment and transportation of human beings using threat, coercion, payment or deception for the purposes of exploitation. Poverty coupled with gender inequality creates fertile ground for the growth in the crime of trafficking, leaving women and girls the most vulnerable. After having accepted proposals for employment, marriage, a better life, they are taken away to be sold and exploited domestically and in foreign countries. When victims return to their homes, they are mentally and physically unhealthy. In this vulnerable state, they are often abandoned by their families and have no source of income.
As Rai’s case demonstrates, human trafficking takes many forms. Victims are lured into going abroad with false promises but are instead exploited through prostitution, forced labor, circus work, organ extraction. Trafficking for the purpose of sexual exploitation has been recorded to be the most common form of the crime in Nepal, and although this data may reflect a partial reality of the situation, there are other factors which mislead us into believing that sex work is the only purpose of trafficking. First of all, in the old Traffic in Human Beings (Control) Act of 1986, the definition of trafficking was vague and seemed to be conflated with prostitution. Thus, only cases which involved sexual exploitation were reported and recorded. A change was made on paper with the Trafficking in Human Beings and Transportation (Control) Act of 2007, but the change in public mindset is still lagging behind.
Secondly, since prostitution happens on streets and in brothels accessible to the public, it is much more ‘visible’ than crimes like forced labor or organ extraction, and thus easily recordable. Although it is true that Nepali women and children are taken abroad mostly for the purposes of sexual exploitation, these two factors lead to a much higher record of it over other forms of exploitation. It must be noted that there are various other forms of exploitation that come with trafficking and conflating it with sex work is not only inaccurate but also counterproductive as it exacerbates the culture of silence prevalent with crimes of this sort.
Having said all that, there is some good news: There have been improvements in many different areas of the fight against human trafficking – most notably in the legal framework and initiatives by civil society. The Trafficking in Human Beings and Transportation (Control) Act of 2007 distinguishes trafficking from prostitution, has clearly separated punishments for varying degrees of the crime and has provisions for rescue and rehabilitation programs and for in-camera hearings. The Foreign Employment Act of 2007 also criminalizes agencies and persons who deceive others into traveling abroad, prescribing harsher punishments for public officials. In addition to these domestic laws, Nepal is a signatory to several international instruments which criminalize trafficking in all its many forms and give the state responsibility to prevent, rescue and rehabilitate. Thus, the legal framework, although it may have slight glitches, is a fairly sound one.
Another improvement is the increase in initiatives by civil society in combating the crime. There are several NGOs which focus on human trafficking and have established programs for its prevention and the rescue and rehabilitation of its victims. There are also those who strive to improve the legal framework on the crime.
It is relieving to see that there have been sound developments in the legal framework and public initiatives to combat human trafficking, and one would think that the frequency of the crime would have decreased. However, news reports and various studies tell us a much more discouraging story: That the trafficking of human beings in Nepal has not diminished and the state is still overwhelmed by its prevalence. The National Commission on Human Rights reported that about 12,000 women and children were trafficked into Indian brothels in 2008. So, one must ask why it is that in a country where there have been so many efforts at combating the crime, actual numbers are not decreasing. The answers for this are many.
First of all is the ineffectiveness of the institutions that are put in place to punish perpetrators of the crime. This includes law enforcement agencies, government attorneys, and the judiciary. To begin the legal process, a victim of trafficking has to report the crime and file a first information report (FIR). Already at this stage, the complainant encounters several problems. If the FIR manages to be recorded past the harsh scrutiny of the police, investigation methods are so outdated that it is impossible to track criminals down. In addition to this, a study conducted by FWLD (Forum for Women, Law and Development) in 2005 found that corruption was prevalent among police and border police, allowing for criminals to get away unpunished.
The next step is to assign a government attorney to the case so that it can be prosecuted. In the same study, government attorneys were found to be untrained and unprepared for the trial. In 22 percent of cases, government attorneys failed to appear at the hearings altogether, mostly due to outside pressures.
The final body involved in the legal process is the judiciary. In the same study, it was found that the Supreme Court often reversed convictions given by lower courts, acquitting criminals which lower courts had deemed guilty. Judges also completely neglected international human rights instruments. Furthermore, Transparency International found in 2006 and 2007 that the judiciary was the most corrupt government branch in Nepal.
There is a serious need for the state to begin reforming law enforcement agencies, the legal system and the judiciary. Officials need to be better trained, investigation methods need to be improved and a body needs to be established to monitor these institutions for corruption. Their training should educate them on the importance of human rights, make them sensitive to women’s issues and aware of international instruments. Resources need to be allocated to law enforcement agencies so that investigation methods can be improved. To better the investigation methods, Nepali police need to strengthen their coordination with police in countries of transit and destination of traffickers. As for a body to monitor corruption, the ones that exist already need to be reformed themselves and supported by wide-ranging research on the extent of corruption in the country and where it is concentrated.
Although provisions were made for rehabilitation and repatriation programs in updated laws and policies, these promises have not been kept. NGOs have established rehabilitation centers, but with very little support from the state. One may say to this that the state does not have time, as its priority should be stabilizing the political situation and furthering the peace process. But to me it seems that rehabilitating victims of this crime so that they can meaningfully contribute to society is a more than valid path toward peace and security.
Secondly is the problem of structural gender inequality in Nepal, making women exceptionally more vulnerable than men. Although there have been initiatives to raise awareness and empower women, this deep-rooted inequality is proving to be extremely difficult to eradicate. Just a week ago, I visited two schools in Parasi. I was told in the first one that the ratio of girls to boys was 60:40 and in the second one 75:25. The reason for this, I was told, was that girls were sent to government schools such as the ones I had visited, and boys were sent to more expensive, private boarding schools. With families having to deal with poverty as well, women are put at even more of a disadvantage, as they are the ones that have to sacrifice the most in households.
Despite several attempts at diminishing it, this unfair treatment between girls and boys and men and women still prevails and is exacerbated by poverty. The general public seems to be becoming more and more aware of women’s issues (especially trafficking), but this awareness is not leading to effective action or meaningful changes in households. Even this awareness on its own is a great improvement, but only when it is transformed into action will we have meaningfully defeated this social malady.
astha.sp@hotmail.com
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