VZCZCXYZ0007
OO RUEHWEB

DE RUEHKT #0313/01 0781214
ZNR UUUUU ZZH
O 181214Z MAR 08 ZDK ZDK ZDK
FM AMEMBASSY KATHMANDU
TO RUEHTV/AMEMBASSY TEL AVIV PRIORITY 0512

UNCLAS SECTION 01 OF 25 KATHMANDU 000313 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, AND SCA/RA 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB EAID
IN, NP 
SUBJECT: 2008 TRAFFICKING IN PERSONS REPORT 
 
REF: SECSTATE 02731 
 
KATHMANDU 00000313  001.2 OF 025 
 
 
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 
 
KATHMANDU 00000313  004 OF 025 
 
 
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, 
 
KATHMANDU 00000313  006.2 OF 025 
 
 
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 
 
KATHMANDU 00000313  007.4 OF 025 
 
 
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. 
 
 
KATHMANDU 00000313  009 OF 025 
 
 
-- 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