This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 10 KATHMANDU 000379 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR G/TIP, G, INL, DRL, PRM, IWI, SA/RA, SA/INS 
STATE ALSO PLEASE PASS USAID 
LONDON FOR POL/GURNEY, NSC FOR MILLARD 
 
E.O 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB NP
SUBJECT: NEPAL: FOURTH ANNUAL ANTI-TRAFFICKING IN PERSONS 
(TIP) REPORT 
 
REF: SECSTATE 7869 
 
¶1. (U) Following is Post's submission for the fourth annual 
Trafficking in Persons (TIP) Report.  Embassy point of 
contact for the report is Political Officer Crystal Kaplan 
(tel: 977-1-441-1179, fax: 977-1-441-0723, e-mail: 
kaplanct2@state.gov). 
 
¶2. (SBU) OVERVIEW 
 
-- A. Nepal is a country of origin for international 
trafficking of women and children.  Some trafficking also 
occurs within the country.  The majority of those trafficked 
are poor, undereducated young women, though trafficking in 
boys also has been reported.  Girls as young as nine years 
old have been trafficked. 
 
The magnitude of the problem remains difficult to measure, 
as reliable data are not available.  The most widely quoted 
NGO statistics state that 5,000 to 7,000 girls are 
trafficked to India for prostitution each year, but these 
figures are extrapolated, based on a number of assumptions, 
and do not take into account any victims who are trafficked 
for purposes other than prostitution. The GON does not keep 
official statistics on the number of victims trafficked. 
 
An ILO-IPEC Rapid Assessment Survey (2002) on Trafficking in 
Girls with Special Emphasis on Prostitution estimated that 
12,000 girls are trafficked every year.  The study targeted 
populations including "at-risk" girls, girls who had been 
trafficked within Nepal, and those who had returned from 
India.  Though trafficking is prevalent in many castes and 
ethnic groups, the ILO assessment concluded that those most 
at risk are members of lower castes and ethnic groups 
traditionally resident in Nepal's hilly regions. Similarly 
an analysis done in 2003 by the Women's Police Cell of cases 
reported in the past seven years (1997 through 2003) has 
substantiated this finding. 
 
Discrimination based on caste and ethnicity, though illegal 
in Nepal, is imbedded in economic and social structures. 
Gender-based discrimination is widespread, deeply rooted in 
tradition and sometimes supported by law.  Women and girls 
from lower castes or "hill" ethnic groups therefore can be 
subject to double or triple marginalization, increasing 
their vulnerability to exploitative practices such as 
trafficking. 
 
Additionally, the ongoing Maoist insurgency has disrupted 
government control in many of the country's remote areas. 
Absence of law enforcement, economic insecurity, political 
instability and physical danger as a result of the armed 
conflict have displaced thousands of women and children from 
the poorest sectors of society.  Threats of abduction by the 
Maoists have compelled large numbers of children to leave 
their homes to avoid forced conscription.  Death of one or 
both parents has lowered an already poor standard of living 
for many children, forcing them to work outside the home or 
fend for themselves on the street.  NGOs report that 
trafficking is on the rise in these vulnerable populations, 
although the insurgency has caused a decrease in reporting 
of trafficking cases.  Decreased reporting can be attributed 
to the withdrawal of police posts from most rural areas, 
increasing the difficulty of accessing and reporting cases 
of trafficking to law enforcement officials.  According to 
the Nepal Police, the numbers of reported cases has 
decreased from 98 cases in 2000/01 to 48 cases in 2001/02 
and 72 cases in 2002/2003. (Reporting periods are based on 
the Nepali calendar which runs roughly from April to April.) 
 
¶B. The Ministry of Women, Children and Social Welfare 
(MWCSW) has identified 26 high-priority districts for anti- 
trafficking interventions, most of which are in Nepal's 
hilly, undeveloped regions.  Most trafficking victims 
originate in these high-priority districts.  Women and 
children who have migrated to Kathmandu and other urban 
areas to find work also reportedly have been trafficked. 
These internally-displaced women and children are more 
vulnerable to trafficking, but also are absorbed into 
Nepal's exploitative labor market, including for commercial 
sex work in night clubs, dance restaurants and massage 
parlors. 
 
Nepali trafficking victims are most often taken overland to 
India for work in that country's sex industry and for bonded 
labor.  Some victims are also trafficked to Hong Kong, Saudi 
Arabia and other countries in the Middle East.  The 
complicated nexus between migration and trafficking needs to 
be explored more intensively as girls and women in the 
process of labor migration reportedly are targeted and 
diverted into illegal trafficking. 
 
-- C. No significant changes in the direction or extent of 
trafficking have been reported in the last year, although 
press reports in 2003 indicate that children may be 
trafficked for work in Indian circuses.  Additionally, both 
children and adult victims of trafficking may be subjected 
to organ removal for transplants.  Collaborative efforts 
among NGOs in India and Nepal have been successful in the 
rescue and repatriation of more Nepali girls this year. 
 
-- D.  Nepal's Institute for Integrated Development Studies 
(IIDS) conducted a study entitled "Status and Dimension of 
Trafficking Within Nepal" with UNIFEM support under the 
South Asian Regional Initiative for Gender Equity (SARI/Q) 
program that will be disseminated in 2004.  Other relevant 
studies conducted in 2003 include: An Analysis of Laws and 
Policies on Labor Migration and Trafficking (Center for 
Legal Research and Development and The Asia Foundation); 
Safe Migration: Foreign Employment for Women: Opportunities 
and Challenges - Collection of Articles (UNIFEM); Best 
Practices on Rehabilitation and Reintegration of Trafficked 
Women and Girls (Joint Initiative on Trafficking (JIT) and 
Sahara Group); Effectiveness of Existing Laws and Policies, 
Services and Issues of Nepali Migrant Workers 
(GON/UNIFEM/SAMANATA); and Effectiveness of Existing laws 
and institutional mechanisms to Combat Trafficking in Women 
in Nepal (UNIFEM/Forum for Women's Legal Development 
(FWLD)/SARI/Q). 
 
-- E. Not applicable.  Nepal is not a destination country 
for trafficking in persons. 
 
-- F. Government officials, police and NGOs suspect that 
organized criminal groups and "marriage brokers" are the 
main traffickers in Nepal.  Though most are Nepali, they 
have links with brothels in Mumbai and other cities in 
India.  The traffickers typically target high-vulnerability 
groups like those listed in para A.  NGOs have found that 
once prevention programs are instituted in a district, 
traffickers move on to other locations. 
 
In general, the main factors contributing to trafficking in 
women and girls from Nepal are poverty, lack of alternative 
employment opportunities, illiteracy, ignorance about the 
dangers of prostitution, family disharmony, domestic 
violence, gender discrimination and desire for better life. 
Contributing to the young age of trafficked girls is a 
prevailing myth that sexually transmitted diseases, 
including HIV/AIDS, can be cured through sexual intercourse 
with a virgin girl.  Contributing factors to the smaller 
phenomenon of trafficking of boys for exploitative labor 
include poverty and lack of alternative employment 
opportunities, as well as a traditional pattern of male 
migration for employment.  Weak legislation and lack of 
effective law enforcement mechanisms also contribute to 
Nepal's trafficking problem. 
 
NGOs estimate that approximately half of victims are lured 
to India with the promise of a good job and/or marriage, but 
many others are sold by family members.  A small number are 
kidnapped.  No firm numbers are available.  Lack of 
awareness regarding safe migration and options for 
alternative jobs often leads legitimate migrants to become 
vulnerable to trafficking. 
 
Nepal and India have an open border.  Traffickers typically 
move their victims overland on secondary roads or via public 
transportation.  Similarly, illegal migration to third 
countries in the Middle East takes place through India and 
Bangladesh by air routes. 
 
-- G. Anti-trafficking in persons is not a top priority of 
the Government of Nepal as demonstrated by the lack of 
resources dedicated to the issue.  However, commitment is 
strong within government line agencies, such as the National 
Police and the Ministry of Women, Children and Social 
Welfare (MWCSW).  The MWCSW has instituted a National Task 
Force Against Trafficking to coordinate government response, 
and is working with the ILO, UNDP and other international 
organizations to increase GON capacity to prevent 
trafficking and prosecute offenders.  Directly and through 
district-level task forces, the Ministry coordinates with 
NGOs to rehabilitate and assist victims.  There are programs 
in place to train police forces and the judiciary to deal 
effectively with trafficking cases, but these programs reach 
only a limited number of officials. 
 
The MWCSW has drafted strengthened anti-trafficking 
legislation to assist in the prosecution of offenders.  The 
legislation has not yet passed due to the dissolution of 
parliament. However, effort is being made to pass the bill 
by decree. 
 
-- H.  There is no documented evidence that government 
authorities or individual members of government facilitate 
trafficking, condone trafficking or are otherwise complicit 
in such activities.  However, some government authorities 
such as immigration officials, police and judges are 
susceptible to graft and corruption, and these practices no 
doubt play a role in the prosecution of traffickers.  There 
have been no reported instances of prosecution or conviction 
of government officials on trafficking-related charges. 
 
-- I.  One of the poorest countries in the world, Nepal 
lacks the resources to address many of the underlying causes 
of trafficking.  Under-funded government welfare agencies 
are generally incapable of delivering effective outreach 
programs or assistance to trafficking victims.  As a result, 
anti-trafficking efforts have been primarily the domain of 
NGOs and bilateral donors. 
 
Institutional capacity to address the trafficking problem is 
weak.  In particular, the police lack both training and 
resources, and the courts are overburdened and susceptible 
to corruption. Current investigation and prosecution of 
corrupt officials, including those in the judiciary, by the 
Commission to Investigate Abuse of Authority (CIAA) might 
deter some officials from committing corrupt acts. 
 
Political instability has also hampered GON anti-trafficking 
efforts.  Several governments have come and gone in rapid 
succession and since the dissolution of the last parliament 
in May 2002, no elections have been held.  As a result, 
draft legislation to strengthen law enforcement and 
prosecution of trafficking-related offenses has yet to be 
passed, and the "National Plan of Action" to combat 
trafficking has yet to be fully implemented. 
 
-- J.  According to the National Plan of Action, district 
task forces are mandated to identify trafficking prone 
areas, conduct awareness raising campaigns, collect data on 
trafficking of women and children, disseminate trafficking 
related information and coordinate with all stake holders to 
address the issue of trafficking.  Monitoring is an integral 
part of their responsibility.  MWCSW, with support from the 
Center for Development and Population Activities (CEDPA), 
established the Documentation and Information Center (DIC) 
within MWCSW and has in place the Management information 
System (MIS) which aims to track trafficking cases and NGO 
interventions at the districts.  MWCSW disseminated 
information on program activities on a quarterly basis 
through the publication of Combat Newsletter.  In practice, 
however, little information is sent from the districts to 
the DIC. 
 
-- K.  National law is silent regarding prostitution, 
although the concept of decriminalization prevails.  In 
practice, however, prostitutes are frequently treated as 
criminals for violating public decency under the Public 
Offence Act.  Under current law, the Trafficking Control Act 
1986, brothel owners are punished for the act of forced 
prostitution but the law is silent about punishments for the 
client, pimp or enforcer.  The proposed Human Trafficking 
Control Bill of 2002 includes the concept of criminalization 
of prostitution and is progressive in proposing "in camera" 
hearings for survivors and compensation to the victims. 
 
-- L.  Child marriage is still widespread in Nepal's rural 
areas, but becoming less common.  Not only is child marriage 
prohibited by the law, but there appears to be growing 
awareness of the dangers posed by child marriage.  Although 
there is no system of buying or selling a child to be a 
bride, buying girl children does occur in some remote areas 
of the mid west and far west of Nepal. In many of these 
cases, the girls are offered to temples as `Deukis'. In the 
past some `deukis' have adopted prostitution as a 
profession. 
 
In the far west there is a custom of `bride price' whereby 
the groom pays money to the girl's family.  This customary 
practice may lead to trafficking as there is monetary 
exchange and the unsuspecting parents can become easy 
targets of traffickers. There are no reported cases of 
buying or selling child brides or of Nepali men traveling 
abroad to purchase child brides. 
 
¶3. (SBU) PREVENTION 
 
-- A.  Prime Ministers, political party leaders, 
parliamentarians and ministry officials have stated publicly 
that trafficking is a national problem.   Former Prime 
Minister Sher Bahadur Deuba affirmed during his tenure that 
"the government has taken trafficking as a serious problem," 
and "a serious crime."  Pledging to seek stronger laws to 
prosecute traffickers, Deuba also said the government must 
address the underlying causes. 
-- B.  The MWCSW has primary responsibility for the 
development and coordination of the GON's anti-trafficking 
efforts.  In addition, the MWCSW has instituted a National 
Task Force Against Trafficking that includes personnel from 
the National Planning Commission, the Nepal Police and the 
Ministries of Labor and Transportation Management; Home 
Ministry; Foreign Affairs; Law, Justice and Parliamentary 
Affairs; Education and Sports; and Health.  The ILO, UNICEF 
and two representative NGOs are also members. 
 
Additionally, the Nepal Police have established local-level 
Women and Children Service Centers as part of their 
community policing efforts.  The Centers operate with a 
combined mandate of law enforcement, counseling and public 
awareness. 
 
-- C.  The MWCSW, NGOs and UNIFEM continue to implement 
local, regional and national information campaigns about 
trafficking in persons.  The GON prepares radio programs, 
audio-visual presentations, booklets, pamphlets and 
signboards aimed at preventing trafficking among vulnerable 
groups.  "Village Vigilance Committees" (VVCs) have been 
established in some districts, training local residents to 
recognize possible trafficking cases and rescue potential 
victims before they can be moved across the border.  The GON 
is considering an expansion of current efforts to activate 
district and village anti-trafficking task forces in the 
twenty-six "high risk" districts. 
 
These efforts and others by the GON, INGOs and NGOs to raise 
public awareness have resulted in the interception of 
potential trafficking victims at the community and Indo- 
Nepal border and positive acceptance of the survivors by the 
community and family.  The positive impact of media advocacy 
was shared in a regional meeting organized by 
USAID/UNIFEM/ATSEC in Dhaka in January 2004.  Media advocacy 
for policy change also had an impact in 2003.  As a result, 
key decisions were made by the Council of Ministers to 
register companies for the provision of mandatory overseas 
orientation to labor migrants and to lift the ban on women's 
movement to the Gulf for the purpose of labor migration. 
 
-- D.  Under a 2003 GON initiative, all workers traveling 
overseas are required to attend an orientation session 
explaining worker rights, safety issues and relevant 
regulations.  A labor office was established at the airport 
to reinforce the message.  The GON also abolished a five- 
year-old rule prohibiting Nepali women from working in Gulf 
countries.  The ban was imposed in 1998 after reports 
surfaced of hardship and abuse from returning women workers. 
Women's activists had voiced concerns that while the law did 
not prevent Nepali women from clandestinely departing from 
India for work in the Gulf, it restricted women's access to 
information about their destinations and prevented them from 
attending orientation classes, putting them at risk of 
exploitation. 
 
The MWCSW publishes a newsletter addressing issues of 
concern to women and children, and operates a program in 47 
districts to emphasize to parents the importance of sending 
their children to school.  Encouraging children to stay in 
school is also a large component of the government's 
campaign to eliminate child labor, currently being carried 
out under the auspices of a USDOL-funded Timebound and 
Brighter Future Projects. 
 
Government-initiated income-generation projects have been 
introduced in more than 3900 villages, providing micro- 
credit loans, administering savings programs and encouraging 
banks to support women entrepreneurs in almost all districts 
of the country. 
 
--E.  The GON is unable to support financially most 
prevention programs, but is very receptive to private 
efforts.  The government makes its personnel readily 
available to take part in anti-trafficking training 
programs, provides government facilities for outreach 
programs and training, and otherwise supports private 
initiatives to the best of its ability. 
 
-- F.  The MWCSW fosters a collaborative relationship with 
donors and NGOs in joint pursuit of anti-trafficking goals. 
For example, "Beyond Trafficking -- A Joint Initiative in 
the Millennium Against Trafficking of Girls and Women (JIT)" 
is a collaborative effort of the MWCSW, UN System Task Force 
Against Trafficking and other donors.  In addition to 
cooperative work on the JIT and Information, Education and 
Communication campaign, the Ministry has also worked 
collaboratively with CEDPA and the ILO to establish a 
Documentation and Information Center on trafficking and 
developed software to manage information.  An Office of the 
National Rapporteur for Trafficking has been set up with 
input from UNDP in the National Human Rights Commission. 
 
-- G.  Nepal's open land border with India does not allow 
for stringent monitoring.  One NGO has had some success at 
monitoring the border independently, and UNICEF has provided 
training for police and immigration officials to help them 
identify potential trafficking victims at border crossings. 
A cross-border initiative also has been established whereby 
Nepali border officials and NGOs develop mechanisms for the 
effective interception of potential victims at Indo-Nepal 
crossings and the rescue and repatriation of victims from 
India. More donors have become interested in supporting 
border surveillance activities and establishing transit 
homes along the Indo-Nepal borders. 
 
-- H.  See para B for information about GON anti-trafficking 
task force.  The Commission for the Investigation of the 
Abuse of Authority investigates public corruption. 
 
-- I.  At a South Asian Association for Regional Cooperation 
(SAARC) Summit held in January 2002, Nepal, together with 
India and other South Asian countries, signed the SAARC 
Convention on Preventing and Combating the Trafficking in 
Women and Children for Prostitution.  Together with other 
SAARC countries, Nepal has agreed to establish SAARCPOL, a 
regional body to fight trafficking and other transnational 
crimes.   Nepal and India have agreed to form a Joint Cross 
Border Committee Against Trafficking. 
 
Nepali civil society has lobbied for ratification of the 
SAARC convention in the absence of a national legislature. 
In January 2004, civil society organizations from South Asia 
participated in a parallel summit during the 12th SAARC 
summit in Islamabad to advocate for the ratification, 
amendment and effective implementation of the SAARC 
Convention by member states. 
 
Nepal is a party to the Convention on Elimination of All 
Forms of Discrimination Against Women (CEADAW), the UN 
Convention on the Rights of the Child, the ILO Minimum Age 
Convention, the ILO Convention on the Prohibition and 
Immediate Action for the Elimination of the Worst Forms of 
Child Labor, the ILO Forced Labor Convention and the 
Convention on the Abolition of Slavery. 
 
-- J.  The GON's National Plan of Action to combat 
trafficking was developed in consultation with ILO, NGOs and 
relevant government agencies.  The National Plan was 
finalized in 2003 and is in the process of being implemented 
through various stakeholders. 
 
-- K.  The MWCSW's National Task Force Against Trafficking 
is responsible for approving anti-trafficking programs 
developed by the GON and monitoring anti-trafficking efforts 
in the country. 
 
¶4. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
-- A.  The absence of a national legislature continues to 
delay enactment of new anti-trafficking legislation.   Draft 
legislation exists and is expected to be brought before a 
new session of Parliament, once elections are conducted. 
 
The Human Trafficking Control Act of 1986 is the current 
anti-trafficking legislation.  It prohibits: 
 - Selling of a human being for any purpose; 
 - Taking any person to a foreign territory with an 
intention of selling that person to a third party; 
 - Involving any woman in prostitution by enticement, 
allurement, fraud, threat, coercion or any other means; 
 - Abetting, assisting, conspiring or attempting to carry 
out any of the above acts. 
 
The 1986 Act is flawed in several ways.  It does not 
criminalize the separation of a minor from his or her legal 
guardian with the intent of trafficking the minor, nor does 
it criminalize the receipt of a trafficked person.  Under 
the terms of the Act, no crime occurs until the victim and 
perpetrator are outside Nepali jurisdiction.  (Adding to 
this problem is the absence of an India-Nepal extradition 
treaty that covers human traffickers.)  The Act makes no 
provision for the compensation or protection of trafficking 
victims.  Victims are often reluctant to testify, because 
trials are held in open court and there is no legal 
protection for witnesses.  Local police cannot investigate 
trafficking complaints without permission from prosecutors, 
and the resultant delay gives perpetrators time to flee. 
 
-- B.  The 1986 Act provides for jail terms of up to 20 
years for traffickers, but sentences are often much less. 
Approximately 40% of traffickers receive minimum sentences 
when convicted. [Updated information on prosecution 
statistics will be forthcoming septel.] 
 
-- C.  Penalties for rape vary with the age of the victim. 
If the victim is under 16, jail sentences of up to ten years 
are possible.  For victims 16 and over, sentences can be up 
to five years.  In either case, the court may order a 
convicted rapist to give half of his property to the victim. 
NGOs state that victims are not detained, jailed or 
deported.  If the victim is a foreigner, he or she will be 
handed over to the concerned Embassy. 
 
-- D.  During 2002/2003 72 cases of trafficking were 
reported to the police.  2003/2004 prosecution statistics 
are not yet available. (Post will provide them septel prior 
to publication of TIP report.)  The GON has prosecuted cases 
against traffickers though punishments generally are 
minimal.  An analysis by the Nepal Police of cases 
registered between May 2002 and April 2003 revealed that 
most traffickers had trafficked several victims multiple 
times, and the number of offenders far exceeds the number of 
registered cases as there may be several offenders involved 
in one registered case. 
 
Media coverage on traffickers arrested by the community has 
risen in the past year due to raised awareness within 
communities. Prosecution has improved with more stringent 
punishment of traffickers and their accomplices.  One 
progressive legal decision that set a precedent is the case 
of Durga Dhimal vs. His Majesty's Government.  In this case, 
the Supreme Court made a very strict interpretation on the 
issue of trafficking so that the statement of the victim is 
treated as substantial evidence.  Another progressive 
amendment in prosecuting human traffickers is that the 
burden of proof lies on the accused defendant.  However, a 
loophole places the burden of proof on the victim in cases 
of complicity of a relative.  In more than 75% of cases, a 
relative is involved. 
 
Nepal experienced several successful prosecutions this year. 
In June 2003, seven Nepalis were convicted for trafficking 
over 100 victims.  The leader of the trafficking ring was 
sentenced to 75 years imprisonment with lesser sentences for 
the other 6 traffickers.  In another case in February 2004, 
a district court convicted one Nepali of selling his first 
cousin in a Mumbai brothel and sentenced him to a minimum of 
15 yrs imprisonment. 
 
-- E.  Government officials, police and NGOs suspect that 
organized criminal groups and "marriage brokers" are the 
primary perpetrators of trafficking in Nepal.  They note 
that parents and other relatives of trafficking victims are 
often complicit as well. 
 
-- F.  By its own admission, the government lacks the 
trained manpower necessary to investigate effectively cases 
of trafficking.  While no legal restrictions prevent the 
police from conducting covert operations or electronic 
surveillance, poor training, rudimentary equipment and 
procedural inertia prevent the techniques from being 
utilized. 
 
-- G.  As part of an anti-trafficking initiative begun in 
1996, the Nepal Police have occasionally trained a limited 
number of personnel in the investigation of trafficking. 
However, most training programs of this type are developed 
and administered by NGOs.  The GON supports programs to the 
best of its ability by providing facilities and making its 
personnel available to attend. 
 
-- H.  In October, 2000, Nepal's Home Ministry, the UN 
Development Fund for Women (UNIFEM) and NGOs hosted a 
regional workshop for senior police officers to enhance 
cross-border anti-trafficking collaboration.  Several follow- 
up meetings involving Nepal and India have taken place. 
Meeting of the South Asia Professionals against Trafficking 
was held in March 2004 in India with support from USAID 
SARI/Q and UNIFEM. 
 
-- I.  Nepal and India, are currently discussing their 
bilateral extradition treaty, signed in 1955.  The treaty is 
being updated to address transnational crimes more 
effectively.  Nepali law does not prohibit the government 
from extraditing its own nationals, but the GON has not had 
occasion to do so in connection with trafficking. 
 
-- J.  Post has no evidence that, as a matter of policy, GON 
authorities facilitate, condone or are otherwise complicit 
in human trafficking.  However, local anti-trafficking NGOs 
report that individual local officials and border police 
sometimes accept bribes in exchange for allowing the 
traffickers and their victims to cross Nepal's border with 
India.  The Commission for the Investigation of the Abuse of 
Authority (CIAA) has the power to investigate incidences of 
corruption by public officials. 
 
-- K.  No GON officials have been prosecuted for involvement 
in trafficking or trafficking-related corruption. 
 
-- L.  Nepal ratified ILO Convention 29 on Forced Labor on 
January 3, 2002, and ratified ILO Convention 182 on 
September 13, 2001.  Nepal has not yet ratified ILO 
Convention 105. 
 
Nepal has not ratified the Sale of Children Protocol, which 
supplements the Rights of the Child Convention; or the 
Protocol to Suppress and Punish Trafficking in Persons, 
Especially Women and Children, which supplements the UN 
Convention Against Transnational Organized Crime. 
 
¶5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS 
 
-- A.  Questions regarding residency status and relief from 
deportation do not appear to apply to Nepal, as Nepal is not 
a destination country for international trafficking in 
persons.  For victims of internal trafficking, victim care 
facilities are limited, and are run primarily by NGOs. 
 
-- B.  The GON provides limited funding to local NGOs to 
provide assistance to victims of trafficking with 
rehabilitation, medical care and legal services.  The GON 
does not fund foreign NGOs.  Bilateral and multilateral 
donors, working with the GON through the MWCSW, do fund 
local and foreign NGOs to provide victim assistance. 
 
-- C.  There is no formal screening or referral process in 
place to transfer victims from GON custody into local care 
facilities.  In practice, however, it is common for the 
police to refer victims to local NGOs that maintain 
rehabilitation centers.  Legal advocacy groups typically 
provide assistance at minimal or no cost to the victim. 
 
-- D.  The government of Nepal does protect the rights of 
victims.  Trafficking victims are not detained, jailed, or 
deported, nor are they, as trafficking victims, prosecuted 
for violations of other laws.  While the GON does not 
actively encourage trafficking victims to file civil suits 
or seek legal action against traffickers, once the victim 
does file a civil suit or make a criminal complaint, the GON 
will prosecute the case at no cost to the victim.  The Nepal 
Police have initiated a "Women's Cell," aimed at assisting 
victims of trafficking and domestic violence. 
 
-- E. The Nepal Police do not have an intensive screening 
process, but intercepted and returned survivors are handed 
over to the care of NGOs, which in turn pursue legal and 
other procedures.  In most cases, NGO-provided prosecutions 
have successfully resulted in maximum punishments for the 
traffickers.  Success is less likely in cases argued by 
public attorneys.  Threats by traffickers, lack of personal 
security, open court hearings, and non-cooperative 
communities often discourage the victims from pursuing legal 
recourse. There is no restitution program in place, although 
proposed legislation includes this provision. 
 
-- F. There is no provision for the government to provide 
protection to victims or witnesses. 
 
-- G.  As part of the new foreign employment initiative 
announced in January 2003 (see Prevention, para D), the GON 
opened an Embassy in Kuala Lumpur and appointed labor 
attaches to Malaysia and UAE, both of which have large 
concentrations of Nepali workers.  The government has also 
initiated a request for Saudi Arabia and Malaysia to open 
consular sections in Kathmandu.  A welfare fund will be 
established to assist workers injured on overseas jobs. 
Government representatives at Consulates in India, the 
destination country for most of Nepal's trafficking victims, 
do not receive special training in protection.  However, 
they assist with the repatriation of victims to Nepal if 
cases are brought to their attention. 
 
In May 1999, the MWCSW opened the Women's Skill Development 
Center, a rehabilitation and skills training center for 
women returned from being trafficked and for women at risk 
of being trafficked.  However, the center was closed in 2003 
due to lack of resources.  Most "safe houses" and 
rehabilitation centers are run by privately-funded NGOs. 
 
-- H.  The government does not provide assistance to its 
repatriated nationals who are victims of trafficking. 
 
-- I.  There are more then 40 national-level NGOs working on 
the issues of trafficking.  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. 
 
¶6. (U) OMB Reporting Requirements:  One FS-03 officer spent 
8 hours drafting and clearing this year's TIP report.  One 
FS-01 officer spent one hour, one FS-02 officer spent 15 
minutes, and DCM spent 30 minutes clearing the report.  One 
FSN-11 USAID employee spent twelve hours researching 
information.