VZCZCXRO0245
OO RUEHCI
DE RUEHKT #0629/01 0660754
ZNR UUUUU ZZH
O 070754Z MAR 06
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0601
INFO RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0084
RUEHBJ/AMEMBASSY BEIJING PRIORITY 4004
RUEHLM/AMEMBASSY COLOMBO PRIORITY 4266
RUEHKA/AMEMBASSY DHAKA PRIORITY 9342
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2252
RUEHKL/AMEMBASSY KUALA LUMPUR PRIORITY 0575
RUEHLO/AMEMBASSY LONDON PRIORITY 3661
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 9308
RUEHRH/AMEMBASSY RIYADH PRIORITY 0175
RUEHCI/AMCONSUL CALCUTTA PRIORITY 2778
RUEHCG/AMCONSUL CHENNAI PRIORITY 2616
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEAHLA/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 11 KATHMANDU 000629 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, SCA/INS, G, INL, DRL, PRM, IWI, AND SCA/RA 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF KCRM KWMN KFRD ELAB SMIG ASEC NP
SUBJECT: NEPAL 2006 TIP REPORT 
 
REF: A. STATE 3836 
 
     ¶B. 05 KATHMANDU 2416 
 
¶1. (U) The following is Embassy Kathmandu's submission for 
the 2006 Trafficking in Persons Report. 
 
¶2. (SBU) OVERVIEW 
 
-- A. Nepal is a country of origin for the trafficking of 
women and children, and to a lesser extent boys and men.  The 
majority of persons are trafficked to India, while others get 
trafficked to Southeast Asia or the Persian Gulf to countries 
such as Malaysia, Saudi Arabia and the United Arab Emirates. 
They are tricked, coerced, sold and in most cases forced to 
live and work under slave-like conditions as prostitutes, 
domestic workers, sweatshop laborers, or wives.  Men are 
increasingly being misled by employment agencies and promised 
a good job in a hotel for example, then upon arrival are 
forced into different work or situations other than expected. 
 Boys are most often trafficked into exploitative labor 
situations such as embroidery factories, circuses and 
domestic servitude.  Internal trafficking has been on the 
rise as the Maoist insurgency has forced many women and 
children to leave their rural homes and seek employment in 
the urban centers, where they are then trafficked into 
prostitution, working in live entertainment clubs, or other 
types of forced labor. 
 
There is a lack of accurate and reliable data on trafficking 
in Nepal.  The International Labor Organization (ILO) 
estimates 12,000 women and girls are trafficked from Nepal 
each year.  A January 2006 report of spot investigations of 
brothels conducted by Asmita Women's Publishing House, Media 
and Resource Organization (a Nepali NGO) in 2005, reported 
that there are no more than 25,000 Nepali girls working in 
Indian brothels, significantly less than the previous 
standard figure of 200,000 quoted by NGOs in Nepal.  Other 
NGOs believe that this 25,000 figure is too low. 
 
Young women under 18, mostly from underprivileged groups and 
castes such as the damai (tailors), kami (ironsmiths) and 
dalit (untouchables), are most at risk of being trafficked. 
 
-- B. The Government of Nepal (GON) continues to sustain its 
efforts to combat trafficking in persons.  While political 
instability caused by the February 1, 2005 royal takeover and 
increased Maoist violence have caused difficulties, the GON 
commitment to combating trafficking remains strong among the 
government line agencies, such as the Nepal Police Women's 
Cell and Ministry of Women, Children and Social Welfare 
(MWCSW), to maintain the minimum standards to combat 
trafficking in persons.  The GON made efforts to strengthen 
its labor migration policy in 2005.  GON officials and 
representatives from the United Nations Development Fund for 
Women (UNIFEM) visited Saudi Arabia to learn about the 
situation of migrant workers there as the GON had lifted a 
ban on Nepalis working in Saudi Arabia in 2003.  UNIFEM also 
assisted the Ministry of Labor in drafting a new labor 
migration policy to ensure safer migration; the Ministry of 
Labor is working on the draft.  A draft trafficking law has 
yet to be passed since the lower House of Parliament was 
dissolved.  Under the current regime, all draft legislation 
has to be approved by the King's Cabinet and subsequently 
declared an ordinance by the King. 
 
The National Human Rights Commission (NHRC) and the MWCSW 
signed an agreement establishing Nepal's Office of the 
National Rapporteur (ONRT) in August 2002.  Per the 
recommendations of the review team, comprised of an 
international and a local consultant, the NHRC decided in 
December 2005 to integrate the ONRT as part of its 
organization.  The ONRT will focus on monitoring and 
reporting on trafficking-related cases.  The ONRT is 
 
KATHMANDU 00000629  002 OF 011 
 
 
compiling Nepal's first ever trafficking in persons report 
about the trafficking situation of women.  The report will 
map out anti-trafficking initiatives, but not the actual 
number of persons trafficked.  The ONRT is currently seeking 
to develop a systematic trafficking reporting system that 
will involve working with Nepal's 26 anti-trafficking 
District Task Forces and local NGOs.  The creation of the 
ONRT was based on recommendations from a program entitled, 
"Beyond Trafficking: A Joint Initiative in the Millennium 
Against Trafficking in Girls and Women" (JIT), which was a 
collaborative effort of the MWCSW, a UN System Task Force 
Against Trafficking and other donors, that completed its work 
in 2005.  The ONRT started operations in January 2003 and 
since then has developed relations with the network of NGOs 
working to combat trafficking as well as with the relevant 
line ministries of the GON. 
 
Nepal ratified the SAARC Convention on Preventing Trafficking 
in Women and Children for Prostitution on October 31, 2005. 
The MWCSW plans to hold discussion programs with civil 
society leaders to update the National Action Plan to ensure 
it is compatible with the SAARC Convention.  This Convention 
may also have implications for Nepal's extradition policy. 
 
Traffickers in Nepal are a loose network of individuals 
looking to profit from the movement of persons and are often 
introduced to potential victims by friends or family. 
Traffickers often trick girls' families into believing their 
daughters will be getting good jobs in India and be able to 
send money home.  Other families knowingly sell their 
daughters or coerce their daughters to get married.  These 
girls live in slave-like conditions working as prostitutes, 
domestic workers, sweatshop laborers or wives.  While 
evidence is hard to come by, it is highly suspected that 
traffickers move many girls by paying bribes at the 
Indo-Nepal border and also by attaining legitimate 
identification documents through bribes or obtaining 
fraudulent documents.  The Indo-Nepal border is open and very 
porous, thus avoiding border checkpoints is not very 
difficult. 
 
-- C. The lack of government resources and a stable 
government have been ongoing limitations to Nepal's 
anti-trafficking efforts.  The government acknowledges it 
lacks sufficient resources to aid victims, and relies heavily 
on NGOs to strengthen its anti-trafficking regime and support 
to victims. 
However, despite these limitations, the GON has remained 
committed to combating trafficking in persons.  Projects with 
outside funding carried out by NGOs and INGOs have led to 
most improvements in the GON's anti-trafficking regime. 
Despite the insurgency and political instability, NGO and 
INGO assistance is positively impacting Nepal's ability to 
combat trafficking.  Several policy initiatives remained 
stalled in 2005 due to the February 1, 2005 royal takeover, 
and government action has moved at a slower pace than 2004. 
Overall corruption is rampant in the GON and many NGO workers 
suspect that government officials willingly issue marriage 
certificates and other necessary identification documents for 
the right price, which enable traffickers to move victims 
under legitimate pretenses. 
 
-- D. Despite good intentions, the GON is unable to monitor 
adequately its anti-trafficking efforts.  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 (approximately July 15 - July 
15).  The ONRT is preparing Nepal's first annual trafficking 
in persons report and preparing common national monitoring 
indicators to map anti-trafficking initiatives and track the 
status of Government-implemented projects, policies and laws. 
 
KATHMANDU 00000629  003 OF 011 
 
 
 The ONRT also seeks to develop a national database on 
trafficking in persons.  The ONRT's efforts could be a real 
breakthrough in strengthening Nepal's ability to monitor 
trafficking activity. 
 
¶3. (SBU) PREVENTION 
 
-- A. The GON acknowledges publicly that trafficking is a 
national problem. 
 
-- B. 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, 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, UNICEF and two 
anti-trafficking NGOs (ABC Nepal and Maiti Nepal) are also 
members. 
 
-- C. The MWCSW, in coordination with NGOs and international 
organizations, continues 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.  According to the 
National Plan of Action, district task forces in 26 high-risk 
districts 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 
stakeholders to address the issue of trafficking.  Monitoring 
is an integral part of their responsibility.  The MWCSW, with 
support from the Center for Development and Population 
Activities (CEDPA), established the Documentation and 
Information Center (DIC) that has within it the Management 
Information System (MIS).  MIS aims to track trafficking 
cases and NGO interventions at the district level.  The MIS 
software is not being fully utilized due to lack of funding. 
The MWCSW disseminates information on program activities on a 
biannual basis through the Combat Newsletter; through the 
annual report of the Joint Initiative Against Trafficking 
(JIT) program, a collaborative body of the MWCSW and the UN 
Task Force Against Trafficking; and the JIT quarterly 
bulletin, entitled "Chelibeti."  There are currently no 
programs planned to replace JIT. 
 
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.  It is also believed that increased parental 
awareness has made parents less susceptible to releasing 
their children to traffickers who make false promises. 
 
-- D. The GON supports other programs to prevent trafficking. 
 The National Plan of Action to Combat Trafficking, finalized 
in 2003, includes income and employment generation and 
networking and social mobilization among its eight areas of 
focus. 
 
Under a GON initiative started in 2003, all workers traveling 
overseas must attend an orientation session organized by the 
Ministry of Labor and Transport Management explaining worker 
rights, safety issues and relevant regulations.  This session 
raises awareness and is intended to prevent workers from 
falling victim to trafficking.  However, the Ministry admits 
that this orientation session has not been taken seriously by 
many of the approximately 200 private institutions that 
conduct the orientation.  The Ministry of Labor has drafted 
two new laws, a Foreign Employment Regulation Act and Labor 
 
KATHMANDU 00000629  004 OF 011 
 
 
Migration Policy, which are still being worked on within the 
Ministry.  The Labor Migration Policy will seek to improve 
the orientation and to monitor workers from the 
pre-employment stage through their eventual return to Nepal. 
The two pieces of legislation are aimed at reducing the 
administrative burden on obtaining GON approval to work 
abroad.  This should result in more workers opting to go 
through the government system in lieu of seeking work abroad 
through the informal sector, where the risks of trafficking 
are higher. 
 
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 20 of these centers in 18 districts. 
 
Encouraging children to stay in school is also a large 
component of the government's campaign to eliminate child 
labor and prevent trafficking.  This issue is being addressed 
under the auspices of the U.S. Department of Labor 
(DOL)-funded Timebound and Brighter Future projects.  The 
Ministry of Education and Sports publishes a newsletter 
annually and operates a program 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. 
 
In March 2004, the GON unveiled its National Plan on Women 
designed to bring Nepal into compliance with the United 
Nations Convention to Eliminate all forms of Discrimination 
Against Women (CEDAW) and eliminate all gender-based 
discriminatory laws within three years.  The plan mandates 
the government to increase women's participation in 
elections, civil service and other public activities, and 
promote women's health and education.  The Supreme Court 
issued three decisions in 2005 that improved 
gender-discrimination laws and practice: 
 
-- Citizenship rights can be awarded to a child without 
parents or with an unidentified father. 
-- Women are allowed to obtain passports without the consent 
of their husband or male guardian. 
-- The practice of Chhaupadi was banned.  (Note: Chhaupadi is 
a practice by some in remote areas of Nepal whereby 
menstruating women are required to live in a secluded 
dwelling away from their community; this is also required for 
11 days after childbirth.  End Note.) 
 
-- F. 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.  For example, 
"Beyond Trafficking -- A Joint Initiative in the Millennium 
Against Trafficking of Girls and Women (JIT)" was a 
collaborative effort of the MWCSW, UN System Task Force 
Against Trafficking and other donors that completed its 
activities in 2005.  There are no current activities planned 
to fill JIT's role.  The Asia Foundation (TAF) organized a 
national linkage meeting of the District Task Forces and 
National Task Force on July 18, 2005 where the MWCSW 
committed to provide legitimacy to the Village Task Forces in 
several districts.  At the meeting, TAF requested that the 
District and Village Task Forces strengthen their reporting 
to the National Task Force on identifying achievements and 
gaps in efforts to combat trafficking.  The ONRT consults 
with MWCSW, NGOs, and individuals on the National Task Force 
about trafficking activities. 
 
-- G. The GON established a cross-border initiative whereby 
Nepali border officials and NGOs develop mechanisms for the 
effective interception of potential victims and traffickers 
 
KATHMANDU 00000629  005 OF 011 
 
 
at Indo-Nepal crossings and the rescue and repatriation of 
victims from India.  However, Nepal's open land border with 
India makes stringent monitoring of trafficking very 
difficult.  The INGO, Planete Enfant, along with local NGOs 
Maiti Nepal and ABC Nepal have opened transit homes for 
trafficking victims and potential victims and border 
check-posts to intercept potential victims in fourteen 
districts.  Additionally, Maiti Nepal and Nepali NGO Saathi 
employ trafficking survivors to work with law enforcement 
along the border to intercept and screen suspected 
trafficking victims. 
 
-- H. The International Agencies Coordinating Group on 
Trafficking (IACG), which includes bilateral donors, INGOs, 
and UN bodies, acts as the mechanism for coordination and 
communication on trafficking-related matters.  It meets on a 
quarterly basis to provide updates on current efforts, avoid 
duplication and make proper use of resources in combating 
trafficking.  The government's National Task Force Against 
Trafficking also coordinates and facilitates among government 
agencies and NGOs.  It is the government's point of contact 
on trafficking matters.  The Commission for the Investigation 
of the Abuse of Authority (CIAA) investigates public 
corruption. 
 
-- J. The GON's National Plan of Action to Combat 
Trafficking, organized by the MWCSW, was developed in 
consultation with the ILO, NGOs and relevant government 
agencies, including the Ministries of Home, Law, and Local 
Development.  Finalized in 2003, the GON disseminated The 
National Plan through a workshop to all relevant 
stakeholders.  It is being implemented in 26 high-risk 
districts.  The National Plan of Action includes eight areas 
of focus:  1) policy, research and institutional development; 
2) legislation and enforcement; 3) awareness creation; 4) 
advocacy; 5) income and employment generation; 6) networking 
and social mobilization; 7) trans-border, regional and 
international issues; and 8) monitoring and evaluation. 
 
¶4. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
-- A. The absence of a national legislature since the 
dismissal of Parliament in 2002 continues to prevent 
enactment of new anti-trafficking legislation.  Draft 
legislation exists and is expected to be brought before any 
newly constituted Parliament.  The current laws governing 
trafficking are a chapter on Trafficking and Human Beings in 
the 1963 Civil Code (which addresses slavery and the 
exploitation of prostitution by coercion or fraud) and The 
Human Trafficking Control Act of 1986.  Both laws are being 
used to prosecute trafficking cases.  The 1986 Act was 
revised in 2002 to include more stringent punishment; 
however, the new version was never passed due to the lack of 
a sitting Parliament.  The existing 1986 Act 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; and 
 - Abetting, assisting, conspiring or attempting to carry out 
any of the above acts. 
 
The 1986 Act covers both internal and external forms of 
trafficking, provided that the trafficker is a Nepali; 
however, the trafficker must be in Nepal to be apprehended 
(an extradition treaty negotiated and signed at the Secretary 
level by the governments of Nepal and India in January 2005 
still awaits Ministerial signature to come into force).  The 
1986 Act requires revisions of several provisions.  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. 
 
KATHMANDU 00000629  006 OF 011 
 
 
Under the terms of the Act, no crime occurs until the 
perpetrator takes the victim outside of Nepal.  Local police 
cannot investigate trafficking complaints without permission 
from the district courts, and the resultant delay gives 
perpetrators time to flee. 
 
If trafficking takes place within labor migration, punishment 
can be meted out under the Foreign Employment Act of 1985. 
In 2004 the Ministry of Labor and Transport Management 
drafted a progressive bill protecting the rights of labor 
migrants, for which foreign employment regulations and labor 
migration policies have also been developed.  This bill 
remains in draft form and the Ministry plans to refine it 
before submitting it for Cabinet approval. 
 
-- B. The Human Trafficking Control Act of 1986 provides for 
jail terms of up to 20 years (the maximum sentence for any 
crime in Nepal) for traffickers, but sentences are often much 
less.  Penalties for the selling of girls range from 10-20 
years; for forced marriage 10-15 years; and 5-10 years for 
trafficking abroad.  The Act provides for sentences ranging 
from 5 to 10 years if a person is convicted with intent to 
traffic.  If actual trafficking took place, sentences range 
from 10 to 20 years.  Although there is no specific legal 
provision at this time covering trafficking for labor 
exploitation, traffickers of people for labor exploitation 
are generally charged under the Foreign Employment Act of 
¶1985.  The court decides the amount to be paid to the victim; 
this amount is usually borne by the manpower company 
(employment agency). 
 
-- C. The maximum sentence for trafficking is higher than the 
maximum sentence for rape or forcible sexual assault. 
Penalties for rape vary with the age of the victim.  If the 
victim is under 16, jail sentences of up to fifteen years are 
possible.  For victims 16 and over, the maximum sentence is 
five years.  In contrast, trafficking crimes carry a minimum 
penalty of five years and a maximum penalty of twenty. 
 
-- D. National law is silent regarding prostitution.  In 
practice, however, prostitutes are frequently treated as 
criminals for violating public decency under the Public 
Offense Act.  Under the Human Trafficking Control Act of 
1986, brothel owners are punished for the act of forced 
prostitution, but the law is silent about punishments for the 
client, pimp or enforcer.  A bill to revise the 1986 Human 
Trafficking Control Act includes the concept of 
criminalization of prostitution and is progressive in 
proposing "in camera" hearings for survivors and compensation 
to the victims.  However, due to the lack of a sitting 
Parliament, passage of this bill is still pending. 
 
-- E. The government has prosecuted cases against 
traffickers.  The Nepal Police Women's Cell reports that 73 
trafficking cases were filed and investigated from March 2005 
through February 2006.  The most recent data available on 
prosecutions comes from the Attorney General's Annual Report. 
 The most recent report covers July 15, 2004 through July 15, 
2005, when 347 cases were filed in District, Appellate, and 
Supreme Courts.  Attorneys filed 173 cases in District Courts 
across the country.  These resulted in 33 full and 24 partial 
convictions, 31 lost cases; and 85 remained pending. 
Attorneys filed 43 cases in Appellate Courts nationwide. 
These resulted in 3 full and 1 partial convictions, 5 lost 
cases; and 34 are pending.  The Attorney General's Office 
filed 131 cases in Supreme Court.  These resulted in 16 full 
and 1 partial convictions, 13 lost cases; and 101 cases are 
pending. 
 
According to NGO lawyers, over half of all convicted 
traffickers receive maximum prison sentences and serve the 
full sentence.  In most cases, NGO-provided prosecutions have 
successfully resulted in maximum punishments for the 
 
KATHMANDU 00000629  007 OF 011 
 
 
traffickers.  Success is less likely in cases argued by 
government public attorneys.  The plea bargaining system is 
not practiced in Nepal.  Government information on sentences 
and fines is difficult to obtain as anti-trafficking cases 
are not aggregated in a specific category, but rather in 
other diffuse categories such as fraud and corruption. 
 
-- F. According to the MWCSW, the Police Women's Cell and the 
Attorney General's office, small groups of organized 
criminals are the primary perpetrators of trafficking in 
Nepal.  They note that parents and other relatives of 
trafficking victims are often complicit as well.  A December 
2004 study by Action Aid Nepal showed that suspected 
trafficking pimps often visited cabin (live entertainment) 
restaurants posing as clients to entice young girls with 
better job opportunities in India.  The Nepali NGO Asmita 
Women's Publishing House, Media and Resource Organization, 
conducted a study of Indian Brothels in 2005 and reported 
that there were no organized criminal syndicates involved in 
trafficking girls from Nepal, though a chain of criminals 
existed.  The report stated that traffickers and pimps were 
small time beneficiaries while the brothel operators made the 
most profit.  Laborers sent abroad by employment agencies 
have ended up being trafficked to destinations other than 
advertised, but there is no strong evidence to determine 
whether the culpability for the trafficking lies with Nepali 
employment agencies or with middlemen or employment agencies 
in the destination countries.  Post is not aware of any 
instances of use of travel or other agencies as a front to 
traffic individuals.  To date, there have been no reports of 
government officials involved in trafficking.  However, it is 
suspected that some local government officials take bribes to 
produce identification documents that ultimately allow girls 
to be trafficked over the Indo-Nepal border.  Profits from 
trafficking in persons are generally kept by the perpetrator 
rather than channeled elsewhere. 
 
The Nepal Police Women's Cell noted that Maoist insurgents 
could be extorting rich traffickers, and that the Maoist 
conflict forced women and children to flee to urban centers 
in Nepal or India, where they often ended up in forced labor 
situations. 
 
-- G. 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 investigate cases of 
trafficking effectively.  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. 
 
-- H. As part of an anti-trafficking initiative begun in 
1996, the Nepal Police occasionally train 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 20 Women and Children Service Centers in 18 
districts that provide training to local police on victim 
support techniques, provide victims counseling, and raise 
public awareness about violence against women and children. 
In August 2005 the Nepal Police Policy Coordination Committee 
made a decision to establish Women and Children Service 
Centers in all of Nepal's 75 districts and requested budget 
allocation for the centers and the required 339 new officers 
to staff them.  To date there has been no movement on the 
budget request and thus no additional centers have opened nor 
new officers hired.  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), an annex of the Supreme 
Court, provides training to judges, government attorneys and 
 
KATHMANDU 00000629  008 OF 011 
 
 
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 
started two years ago, however, the Attorney General's Office 
indicated the Academy needed to be strengthened and better 
developed.  The government also has a staff college that 
provides basic training for all government employees, 
including a small component on gender awareness issues. 
 
-- I. 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 and Saudi Arabia.  Currently there is no 
formal mechanism of cooperation and data is not compiled on 
such cooperation. 
 
-- J. The government cannot extradite persons who are charged 
with trafficking in 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 awaits Ministerial-level signature 
to come into force.  It is believed to contain a clause 
related to trafficking that would allow for extradition of 
third-country nationals or nationals of the requesting 
country, specifically India.  The Home Secretaries also 
initialed an Agreement on Mutual Legal Assistance on Criminal 
Matters (MLACM) between Nepal and India.  Details of the 
MLACM have not been made public as the agreement awaits 
signature at the political level to come into force.  Nepal 
ratified the South Asian Association for Regional Cooperation 
(SAARC) Convention on Preventing Trafficking in Women and 
Children for Prostitution on October 31, 2005, which may have 
implications on extradition policies in the future.  No 
Nepalese or other citizens have been extradited for 
trafficking. 
 
-- K. There is no evidence that GON authorities facilitate, 
condone or are otherwise complicit or involved 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.  Also, it 
is suspected that some local officials also accept bribes for 
identification documents, which are used by traffickers to 
move their victims across the border. 
 
-- L. No government official has been prosecuted for 
involvement in trafficking or trafficking-related corruption. 
 
-- M. Nepal has no identified child sex tourism problem. 
However, according to the Nepal Police Women's Cell, police 
have apprehended several tourists for child sex tourism in 
Nepal, and prosecuted seven cases since 1996: two cases in 
1996, four cases in 2000, and one case in 2005.  As a result, 
the government deported two tourists to their country of 
origin (one approximately three years ago, and one in 
December 2005).  Child sex abuse laws in Nepal do not have 
extraterritorial coverage.  If the trafficker (Nepali or 
third country national), however, returns to Nepal, the 
government can file a case against him or her. 
 
-- N.  Nepal ratified ILO Convention 29 on Forced Labor on 
January 3, 2002, and ratified ILO Convention 182 concerning 
the prohibition and immediate action for the elimination of 
the worst forms of child labor on September 13, 2001. 
According to the MWCSW, Nepal signed and ratified the Rights 
of the Child Convention in 1991.  Nepal also signed the 
Optional Protocol to the Convention on the Rights of the 
Child in May 2000, but has not yet ratified it due to the 
lack of a sitting Parliament.  Nepal has not yet signed ILO 
 
KATHMANDU 00000629  009 OF 011 
 
 
Convention 105 on forced or compulsory labor, or the Protocol 
to Suppress and Punish Trafficking in Persons, Especially 
Women and Children, which supplements the UN Convention 
Against Transnational Organized Crime.  Nepal ratified the 
SAARC Convention on Preventing Trafficking in Women and 
Children for Prostitution on October 31, 2005, making it 
operational.  The MWCSW plans to hold discussions with civil 
society leaders to update the National Action Plan so that it 
is compatible with the SAARC Convention. 
 
¶5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS 
 
-- A.  Nepal has victim care and victim health care 
facilities.  They are run primarily by NGOs, often in 
cooperation/coordination with the Nepal Central Police 
Women's Cell and district-level police women's cells, but are 
limited.  Complete records are not available for the total 
number of victims who have received care or services from 
NGOs or Police Women's Cells, however, the Central Women's 
Cell estimates it provided legal aid to approximately 700 
victims in 2005.  Maiti Nepal provided legal aid to the 48 
victims they rescued.  The MWCSW provides support to the 
Women's Cell by providing legal advice to any questions of 
the Women's Cell.  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. 
 
-- B. The GON provides limited funding to local NGOs to 
provide trafficking victims assistance with rehabilitation, 
medical care, and legal and other services.  The GON does not 
fund foreign NGOs.  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.  Maiti Nepal, an anti-trafficking NGO partially 
funded by the government, rescued 48 girls during calendar 
year 2005 from brothels and exploitative environments in 
Nepal, India and Gulf countries.  Maiti Nepal provides 
medical and legal services to all the girls it rescues. 
 
-- C. Although there is no formal screening or referral 
process in place to transfer victims from GON custody into 
local care facilities, it is common for the police to refer 
victims to local NGOs that maintain rehabilitation centers. 
Usually, the NGO that initially takes in the trafficking 
victim provides most of the services. 
 
-- D. The government of Nepal protects and respects the 
rights of victims.  Trafficking victims are not detained, 
jailed, or deported, nor are they prosecuted for violations 
of other laws.  The Nepal Police Central Women's Cell in 
Kathmandu and 19 other district-level Women's Cells assist 
victims of trafficking and domestic violence.  In Districts 
lacking a Women's Cell, victims would be more likely to have 
to deal with male police officers who may not be as 
sensitized to trafficking crimes as the female Women's Cell 
officers. 
 
-- E. The GON actively encourages trafficking victims to file 
civil suits or seek legal action against traffickers. 
However, threats by traffickers, lack of personal security, 
open court hearings, and non-cooperative communities often 
discourage the victim from pursuing legal recourse.  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 Foreign 
Employment Act of 1985 provides for the court to determine 
compensation to the victim.  The GON has legal provisions to 
provide travel and lodging expenses for trafficking victims 
acting as witnesses, though in practice the money is rarely 
made available. 
 
-- F. The Women's Cell provides limited protection to 
 
KATHMANDU 00000629  010 OF 011 
 
 
victims.  When a victim files a civil suit or makes a 
criminal complaint, the GON prosecutes the case at no cost to 
the victim.  Intercepted and returned victims are given over 
to the care of NGOs, which in turn pursue legal and other 
recourses.  Victims are often reluctant to testify because 
trials are held in open court and there is no legal 
protection for witnesses.  The South Asia Regional Initiative 
for Gender Equity (SARI/Q) has finalized a draft of a 
victim/witness protection protocol for Nepal, India, 
Bangladesh and Sri Lanka, under consideration by Nepal. 
 
-- G. As part of the foreign employment initiative of January 
2003, the GON opened Embassies with labor attaches in Kuala 
Lumpur in June 2003 and the UAE in April 2004.  Malaysia and 
the UAE have large concentrations of Nepalese workers.  The 
government has also asked Saudi Arabia to open a consular 
section in Nepal.  Malaysia opened an Embassy in Kathmandu in 
2003, while the closest embassies for Saudi Arabia are in New 
Delhi and Dhaka.  GON representatives at Consulates located 
in countries where victims are typically trafficked receive 
information about trafficking as part of their general 
training; they do not receive specialized training in 
recognizing trafficking nor in the provision of assistance to 
trafficked victims. 
 
Government officials have assisted with the repatriation of 
victims to Nepal when cases were brought to their attention. 
ABC Nepal reported that government officials assisted with 
the repatriation of two labor trafficking victims in February 
¶2006.  One woman was repatriated from Kuwait and the other 
from Saudi Arabia.  Many NGOs in Nepal, however, feel that 
government officials working at Embassies and Consulates are 
not encouraged to foster relationships with local NGOs in 
their host countries, which could be a valuable tool to find 
services to trafficking victims. 
 
-- H. The Nepal Police Central Women's Cell and district 
cells provide assistance and referrals to repatriated 
nationals who are victims of trafficking. 
 
-- I. There are 57 NGOs and 19 international organizations 
(UN agencies, INGOs, and donors) working to combat 
trafficking in Nepal; several of the 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, Shanti Punarsthapana Kendra, 
Saathi, and Mit Nepal.  International organizations working 
on trafficking issues in Nepal include: UNIFEM, UNICEF, the 
ILO, and Planete Enfant.  Central and local authorities 
cooperate fully with NGOs, including providing them nominal 
funding.  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. 
 
Maiti Nepal has transit homes in ten border districts and one 
checkpoint in Nagdhunga, Kathmandu's major transit point, to 
monitor for trafficking.  Planete Enfant works in 
collaboration with Nepali NGOs ABC Nepal (which receives 
government funding) and Saathi (another anti-trafficking NGO) 
in 14 border districts.  ABC Nepal has four transit homes in 
four different districts and ten border checkpoints.  Saathi 
has two transit homes and operates four border checkpoints to 
watch for victims of trafficking. 
 
POINT OF CONTACT AND REPORTING TIME 
----------------------------------- 
 
¶6. (U) Point of contact on trafficking is Political/Economic 
 
KATHMANDU 00000629  011 OF 011 
 
 
Officer Jamie Dragon; phone 977-1-443-1254, fax 
977-1-441-0723. 
 
¶7. (U) OMB Reporting Requirements:  The Political/Economic 
Officer, FS-04, spent 35 hours researching, drafting, and 
clearing this report.  One FSN-11 at USAID spent 16 hours 
researching and editing content of the report.  One Embassy 
FSN-11 spent 9 hours doing research.  The Political/Economic 
Chief, FS-02, spent 5 hours, the Political/Economic OMS, 
FS-07, spent 5 hours and ADCM, FS-01, spent 1 hour clearing 
the report. 
MORIARTY