You are on page 1of 36

Child trafficking in Nepal:

Causes, consequences and education as prevention

Acronyms
AGC

Adolescent Group for Creative Awareness

BISAP

Bangladesh Integrated Social Advancement Programme

CBS

Central Bureau of Statistics (Nepal)

CEDAW

(United Nations) Convention to Eliminate All Forms of Discrimination Against Women

CRC

(United Nations) Convention on the Rights of the Child

CWIN

Child Workers in Nepal (NGO)

DEO

District Education Office

DFID

Department for International Development

DOE

Department of Education

ECPAT

End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes

HTTCA

Human Trafficking and Transportation (Control) Act

ILO

International Labour Organisation

ILO-IPEC

ILO International Programme on the Elimination of Child Labour

MoWCSW

Ministry of Women, Children and Social Welfare

NHRC

National Human Rights Commission

OHCHR

Office of the High Commissioner for Human Rights

ONRTWC

Office of the National Rapporteur on Trafficking in Women and Children

OP

Optional Protocol

RHEST

Rural Health and Education Service Trust

SAARC

South Asian Association for Regional Cooperation

SMC

School Management Committee

TIP

Trafficking in Persons

UN

United Nations

UNESCO

United Nations Education, Scientific and Cultural Organisation

UNODC

United Nations Office on Drugs and Crime

UNTOC

United Nations Convention against Transnational Organised Crime

UN.GIFT

United Nations Global Initiative to Fight Human Trafficking

VDC

Village Development Committee

childreach.org.uk

Executive Summary
"The fight against human trafficking is a battle for justice, equality and dignity. It is a battle for
human rights and for human decency"
Jan Eliasson, Deputy Secretary-General of the United Nations. 25 June 2013.
Child trafficking in Nepal is on the rise, with up to 20,000 children trafficked from Nepal each year,
where many are forced to work in the commercial sex industry.
In 2010 Childreach International, Childreach Nepal and Child to Child conducted a major research
project into the causes of increased trafficking rates in two districts of central Nepal Nuwakot and
Sindhupalchok. The study revealed four main reasons behind the increased levels of child trafficking high school dropout rate for girls, the ease at which fake documentation such as birth certificates can
be obtained, families sending their children abroad for employment and children choosing to leave
their homes of their own accord to escape ill treatment and poverty. This paper investigates Nepals
current climate of child trafficking, and examines the domestic and international mechanisms that
seek to eradicate trafficking in Nepal and around the world. Our research will be presented and then
used as a basis for our response, an education project that will reduce trafficking in Nuwakot through
promoting and improving the quality of education, and increasing awareness of the dangers of sending
children away to work.
Keeping children in school, by improving the quality of education, is the best way to prevent
trafficking, because a child in school is at a far lower risk of being trafficked than a child who has
dropped out.
Getting girls and boys into school and keeping them there is a vital step in reducing their vulnerability
to trafficking, especially with regards to hard to reach children such as those from marginalised
communities1. Lack of access to education robs girls of the very real gains that decrease their
vulnerability to trafficking: improved health, smaller family size, improved community status, and
continued educational gains in future generations2. Those with the lowest levels of education and outof-school children are the easiest for traffickers to manipulate because they are more likely to accept
unskilled or lower-skilled employment, such as domestic service or factory work3.
Education increases standards of living that help keep women and girls out of the reach of traffickers4.
When girls can go to school, they are physically protected in classrooms and psychologically building
a sense of agency through their academic achievements making them more self-sufficient. They are
empowered to make decisions and exert control over their own lives.
Every day, children in Nepal are at risk of being trafficked; a problem that is getting worse. Trafficked
children face daily abuse and exploitation harm that no child should ever have to face. It is our duty

ILO/UNICEF/UN.GIFT. (2009). Training manual to fight trafficking in children for labour, sexual and other forms of
exploitation. Textbook 2: Action against child trafficking at policy and outreach levels. Available at:
http://www.unicef.org/protection/Textbook_2.pdf
2 U.S. State Department. (2010). Trafficking in Persons Report. Available at: http://www.state.gov/j/tip/rls/tiprpt/2010/
3 UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
4 Human Rights Advocate/Leone E. et. Al. Promoting Education and Employment for Women and Girls as Foundations for
Effective Human Trafficking Prevention. Available at:
http://webcache.googleusercontent.com/search?q=cache:http://www.humanrightsadvocates.org/wpcontent/uploads/2010/05/Promoting_Ed_Employment__for_HT_Prevention_-_E_Leone.pdf

childreach.org.uk

to ensure that children are aware of the dangers of trafficking and to protect them from being
subjected to such abuse and exploitation.
To support this project, we have launched the #TaughtNotTrafficked campaign in collaboration with
Sold, a movie telling the story of a twelve-year old girl trafficked from Nepal to an Indian brothel. An
extraordinary tale of survival, the film is directed by Academy Award winning Jeffrey D Brown and
based on the best-selling novel of the same name by Patricia McCormick. It shines a light on the fate
of many girls who find themselves forced into sex work after being taken out of Nepal by traffickers
under false promises of a better life.
Gillian Anderson, who stars in Sold, says, Working on this sensitively told film and with young women
who have themselves experienced the unbelievable trauma of abduction and trafficking has opened
my eyes to the horrors these young people face on a daily basis as well as the often life threatening
danger those working at the charities put themselves in to free these innocent victims from modern
day slavery. We also need to work on tackling the causes of trafficking and preventing it from
happening in the first place. Education is key, which is why Im proud to support the
#TaughtNotTrafficked campaign with Childreach International.
Jeffrey D Brown, Sold director, says, I wanted to create a film that could foster change and serve as a
vehicle to raise funds for children that would make a substantial difference in their lives. When I picked
up Sold, I felt McCormicks words were the call to action I had been waiting for and optioned the book
that day. Working closely with Childreach Nepal during the production of the film, it became clear that
education was the key to making a real difference, so we jumped at the chance to help with Childreach
Internationals #TaughtNotTrafficked campaign to keep Nepali children in school.

childreach.org.uk

Table of contents
1

Overview

2.1

Child trafficking in Nepal

2.2

Causes of child trafficking in Nepal

12

3.1

International mechanisms to combat trafficking in Nepal

14

3.2

Domestic mechanisms to combat trafficking in Nepal

19

4.1

Findings from 2012 consultations in Nuwakot district

21

4.2

Childreach International and Childreach Nepals proposed response

25

Recommendations to the Nepal and UK Governments

28

Acknowledgements

32

References

33

childreach.org.uk

1 Overview
The United Nations (UN) considers trafficking to be the third largest international criminal industry,
with traffickers making an estimated $32 billion annually5. It is a major human rights violation which
denies children of their ability to exercise and realise a wide range of rights including the right to
belong and have an identity; the right to freedom, education and healthcare; and the right to not be
subjected to torture, or cruel and inhuman or degrading treatment. Child trafficking is therefore both
a cause and an outcome of the non-fulfilment of rights. According to the UN Convention on the Rights
of the Child (UNCRC), a child means every human being below the age of 18 years unless, under the
law applicable to the child, majority is attained earlier6. The International Labour Organisations Worst
Forms of Child Labour Convention and Trafficking Protocol respect the same definition7, therefore child
trafficking is the trafficking of any individuals below the age of 18.
The International Labour Organisation (ILO) estimates that 1.2 million children around the world are
trafficked every year, with approximately 5.5 million children currently working in slave labour8. Fortythree percent of these trafficked children are forced into commercial sexual exploitation, 32% into
involuntary servitude and 25% into a mixture of both9. The 2012 Global Report on Trafficking in
Persons released by UN Office on Drugs and Crime (UNODC) revealed that 27% of all detected victims
of human trafficking between 2007 and 2010 were children, an increase of 7% from the previous
period (2003 to 2006)10. There has also been a corresponding increase in the number of female
victims, who now constitute at least two-thirds of all trafficked children and 17% of all detected
victims, in comparison with boys who make up 10%11. This is predominantly believed to be due to the
increased demand for children in the sex tourism industry.
Child trafficking is defined in Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children (2000) as:
'The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or
use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or
of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation or the prostitution of others or other forms of sexual

ILO. (2008). ILO Action Against Trafficking in Human Beings. Available at:
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_090356.pdf ; Human
Security Report Project. (2005). Human Security Report 2005: War and Peace in the 21st Century. Available at:
http://www.hsrgroup.org/human-security-reports/2005/text.aspx
6 UN General Assembly. (1989). Convention on the Rights of the Child, Article 1. Available at:
http://www.refworld.org/docid/3ae6b38f0.html
7 ILO. 1999. Worst Forms of Child Labour Convention, C182. Available at: http://www.refworld.org/docid/3ddb6e0c4.html
8 ILO. (2008). ILO Action Against Trafficking in Human Beings. Available at:
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_090356.pdf
9ILO. (2005). Forced Labour and Human Trafficking: Estimating the Profits. Available at:
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_081971.pdf
10 UNODC. (2012). Global Report on Trafficking in Persons 2012. Available at: http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf
11 UNODC. (2012). Global Report on Trafficking in Persons 2012. Available at: http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf

childreach.org.uk

exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal
of organs.'12
Child trafficking is therefore the movement of a child from one place to another, either within a
country or across a border, by a group or individual into a situation where they face exploitation.
Child trafficking is a multi-faceted problem and always involves multiple actors. Initially, children tend
to be approached by someone in their local community, and, once recruited, another party is usually
involved in transporting the children to their intended destination. A number of individuals are often
complicit along the trafficking route, including taxi and bus drivers, train guards, immigration officials,
border guards and hotel clerks. Others can be involved in the production and supply of forged identity
papers that make the trafficked child more difficult to trace and subsequently leave him or her in a
situation of illegal migration, in fear of detection and vulnerable to threats and continued coercion.
As discussed by the UN Trafficking Protocol, the methods used by traffickers to recruit children include
force, coercion, trickery, familial influence, or sometimes even by persuasion or deceit. In Nepal,
trafficking seems to take place through informal networks with the collaboration of local officials,
community and family members, and border officials, among others13.
Sixty percent of the worlds 250 million child workers are located in Asia, with an estimated 1.6 million
children in Nepal falling into the category of child labour14. Six hundred and twenty thousand of those
children are employed in hazardous work15. Child trafficking in Nepal has been on the rise in recent
years, with children constituting 36% of all trafficking victims from Nepal16. Nepal is classified as a Tier
2 country by the U.S. State Department, which means that while Nepal fails to meet the minimum
standards for the elimination of trafficking, it is making significant efforts to do so despite limited
resources17.
The second section of this report will examine the current situation of child trafficking in Nepal, and
will also explore the country-specific factors contributing to the issue. Section three will then assess
the international mechanisms, including relevant UN Conventions, and domestic mechanisms
available in Nepal to combat child trafficking. The fourth section will look at Childreach International
and Childreach Nepal's research into child trafficking in two districts in Nepal (Sindhupalchok and
Nuwakot), before discussing our proposed response. Section five will conclude with proposed
recommendations to the UK and Nepali governments on how to better combat child trafficking in
Nepal.

12

UN General Assembly. (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Supplementing the United Nations Convention against Transnational Organized Crime. Available at:
http://www.refworld.org/docid/4720706c0.html
13 UN General Assembly. (2007). Implementation of GA resolution 60/251 addendum A/HRC/4/23/Add.1. Available at:
http://www2.ohchr.org/english/issues/trafficking/docs/CommunicationReport2007.pdf
14 ILO-IPEC/Tumlin, Karen. (2000). Trafficking in children in Asia; a regional overview.
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilokathmandu/documents/publication/wcms_182988.pdf
15 http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilokathmandu/documents/publication/wcms_182988.pdf
16 Directorate of Women and Children Service Centre, Nepal Police in UNODC. (2012). Global
Report on Trafficking in Persons 2012. http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf
17 United States Department of State. (2014). Trafficking in Persons Report 2014. Available at:
http://www.state.gov/documents/organization/226848.pdf

childreach.org.uk

2.1

Child trafficking in Nepal

Nepal is a landlocked sovereign state located in South Asia with a population of approximately 27.4
million in 2014, 42.3% of which are children under the age of 1418. When ranked by average national
income, it is the 16th poorest country in the world with 25.2% of the population living below the
national poverty line in 201019. Nepal is considered to be a source, transit and destination country for
men, women, and children who are subjected to forced labour and sex trafficking. Nepali women and
girls are subjected to sex trafficking within Nepal, particularly in the adult entertainment industry and
massage parlours, as well as across borders in India, the Middle East, China, Malaysia, Hong Kong,
South Korea, and Sweden. Nepali men, women and children are subjected to forced labour in Nepal,
India, the Middle East, China, Malaysia and South Korea in construction, factories, mines, domestic
work, begging and the adult entertainment industry20. Nepali and Indian children are subjected to
forced labour within the country, especially in domestic work, brick kilns, and the embroidered textile
or zari industry. Bonded labour continues to exist in agriculture, brick kilns, the stone-breaking
industry, and domestic servitude. Nepal is classified as a Tier 2 country by the U.S. State Department,
which means that while it does not meet minimum standards for the elimination of child trafficking,
it is making significant efforts to do so despite limited resources. On the Global Slavery Index from
2013, Nepal has the fifth highest prevalence of modern slavery behind Mauritania, Haiti, Pakistan and
India21.

Rajis Story
Raji thinks she was beaten five or six times during the seven months she spent in India working
on building sites after being trafficked from her village in mid-western Nepal, lured by promises
of a well-paid job as a domestic help. She was 16 at the time. It was very hard, she says. We
had to carry bricks; not just one or two, lots of bricks you had to put the basket on your head.
After that, they would put more than 20 bricks in it at one time. We carried them up two floors.
The woman who persuaded Rajis parents to let her go to India said she would get good clothes,
and meat to eat every day. Wed been told we could get 180 rupees (1.76) a day. But they
gave me 100 rupees (0.98) just one time. Once, we tried to escape at night, but they found us
and beat us.
The Guardian. May 8, 2013. Nepal struggles to contain human trafficking problem. Available at:
http://www.theguardian.com/global-development/poverty-matters/2013/may/08/nepalstruggles-human-trafficking-problem

18

UNICEF. (2012) Nepal Statistics. Available at: http://www.unicef.org/infobycountry/nepal_nepal_statistics.html


World Bank, Global Poverty Working Group. (2010). Poverty headcount ratio at national poverty line (% of population).
Available at: http://data.worldbank.org/indicator/SI.POV.NAHC
20 U.S. State Department. (2014). Trafficking in Persons Report 2014. Available at:
http://www.state.gov/documents/organization/226848.pdf
21 Walk free Foundation. (2013). Global Slavery Index. Available at: http://www.ungift.org/doc/knowledgehub/resourcecentre/2013/GlobalSlaveryIndex_2013_Download_WEB1.pdf
19

childreach.org.uk

The political situation in Nepal is fairly unstable, with the country currently being run by a coalition
government with limited decision-making authority. In such a situation of instable government,
dealing with the complexity of human-trafficking related crimes is challenging. The instability and
prolonged political transition has created favourable conditions for various forms of modern slavery
and trafficking to thrive. Crippled economic growth and high levels of poverty have meant that Nepali
men, women and children have been forced to find work overseas in poorly regulated environments.
Tied to widespread ethnic and gender inequalities, members of the lower castes, particularly women
and children, are frequently denied access to basic rights and infrastructure that might mitigate their
risks of enslavement such as education, healthcare, employment and justice.

Figure 1: Breakdown of global trafficking victims by gender (2009)

11%
Men
Women
33%

53%

Boys
Girls

3%

The UNODC Global Report in Trafficking 2012 notes that women constitute 53% of all Nepali trafficking
victims, girls 33%, men 11% and boys 3%22. Women and girls therefore make up 86% of the total
number of trafficking victims from Nepal. This is because they are especially vulnerable due to limited
economic opportunities, illiteracy or low education, and low socioeconomic and cultural status. It is
believed that between 12,000 and 20,000 children are trafficked from Nepal every year23. The National
Human Rights Commission (NHRC) of Nepal estimates that 11,500 people were trafficked or almost
trafficked in 2011, up from 5,500 in 201024.
The predominant labour sector that trafficked Nepali children are forced to work in is prostitution. It
is understood that between 16% and 33% of female workers in the adult entertainment industry in
Nepal are under the age of 1825. Nepals role as a destination for foreign child sex tourists also appears
to be growing. Close to 20% of sex workers in Kathmandu are said to be younger than 17 and the
majority originate from rural areas, with 60% of children saying that they entered prostitution under

22

UNODC. (2012). Global Report on Trafficking in Persons 2012. Available at: http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf
23 UNEP. (2011). Women at the frontline of climate change: Gender risks and hopes. Available at
http://www.grida.no/publications/rr/women-and-climate-change/
24 NHRC. (2011). Trafficking in Persons Especially Women and Children in Nepal - National Report
2011. Available at:
http://www.nhrcnepal.org/nhrc_new/doc/newsletter/National%20Report%20on%20Traffiking%20in%20Persons%20%20E
specially%20%20on%20women%20and%20Children%20in%20Nepal%20-%202012.pdf
25 Shakti Samuha A Study on the Condition of Slavery among Girls and Women Employed in the Restaurants and Massage
Parlours of Kathmandu Valley, cited in ECPAT. (2011). Global monitoring status of action against commercial sexual
exploitation of children. Available at: http://www.ecpat.net/sites/default/files/A4A_V2_SA_NEPAL.pdf

childreach.org.uk

force26. Children, especially girls, are not only trafficked internally to urban centres in Nepal for
prostitution, but they are also trafficked to India and Bangladesh to work in brothels. It is believed that
approximately 200,000 Nepali girls are currently working in Indian brothels, of whom 20% are under
16 years of age27. Nepali traffickers who sell the girls to brothel owners can sometimes earn a price of
60,000 to 70,000 Indian rupees (580-680) for each girl sold in Calcutta and 100,000 to 120,000
(970-1,170) for each girl sold in Mumbai28. Young girls working in dhabas (Highway Hotels), dance
bars, cabin restaurants and massage parlours in Kathmandu that facilitate sex trafficking is also
common29. More than half of commercial sex workers in Nepal and a quarter in India said their families
were financially indebted when they were children and they had been forced to work as sex workers
to repay their family's debt30. The bordering towns of Tibet are also rapidly becoming a destination for
girls trafficked from Nepal for sexual exploitation31.
Upon arriving at their new destination, the girls are not taken to the brothels directly but are given
time to adjust to their new surroundings in outside homes. They are then informed of the work they
will be expected to do, how they have to dress and behave and are then manipulated into thinking
that they themselves, or their families, have incurred a debt that they will have to repay by working
as prostitutes. When they start working, they are often locked in the brothel. It has been reported
that brothel owners often take between 90-95% of earnings, leaving the girls financially unable to look
after themselves32. If the girls are ever freed or even manage to escape, it is extremely difficult for
them to return to their families in Nepal because of the stigma attached to their previous work in the
sex industry, which often means they are rejected by their families and communities. Many of them
therefore return to Nepal and, rather than returning home, they take up work in urban centres as
prostitutes where they work as "free agents".
Nepali girls are also trafficked internally and to India, China and countries in the Gulf to work as
domestic servants, beggars and factory workers33. Nepali boys are also trafficked from Nepal, and are
exploited in domestic servitude and also forced labour in brick kilns, metal workshops, the zari
(embroidered textiles) industry and are often forced to work in mines because they are the only
people small enough to manoeuvre within the mines34. Boys from impoverished and poorly educated
families are also vulnerable to being trafficked to work as hawkers and camel jockeys in the Gulf,
Bangladesh and India35. Bonded labour (the provision of labour or services as repayment for a loan or
debt) also exists in agriculture, cattle rearing, brick kilns, the stone-breaking industry and domestic
26

ILO-IPEC. (2003). Internal Trafficking Among Children and Youth Engaged in Prostitution. Available at:
http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/download/resources/nepal/nppubl02eng7.pdf
27 ECPAT/Pradham-Malia, Sapana. (2004). Report on Laws and Legal Procedures Concerning the
Commercial Sexual Exploitation of Children.
28 UN General Assembly. (2007). Implementation of GA resolution 60/251 addendum A/HRC/4/23/Add.1. Available at:
http://www2.ohchr.org/english/issues/trafficking/docs/CommunicationReport2007.pdf
29 U.S. State Department. (2011). Trafficking in Persons Report. http://www.state.gov/j/tip/rls/
tiprpt/2011/
30 New Era/UNICEF. (1998). A Situation Analysis of Sex Work and Trafficking in Nepal with
Reference to Children
31 The Guardian. (30 January 2012). Beirut Death of Nepalese Migrant Worker Lila.
www.theguardian.com/news/video/2012/jan/30/beirut-death-nepalese-migrant-video
32 ILO-IPEC. (2001). Nepal Trafficking in Girls with Special Reference to Prostitution: A Rapid
Assessment. Available at:
http://www.ilo.int/legacy/english/regions/asro/newdelhi/ipec/download/resources/nepal/nppubl01eng9.pdf
33 U.S. Department of State (2013). Trafficking in Persons Report 2013. www.state.gov/j/tip/rls/
tiprpt/2013/index.htm
34 U.S. Department of State (2013). Trafficking in Persons Report 2013. www.state.gov/j/tip/rls/
tiprpt/2013/index.htm;
35 ILO-IPEC. (2002). Trafficking and Sexual Abuse among Street Children in Kathmandu.
http://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_773/lang--en/index.htm

childreach.org.uk

10

servitude even though it was criminalised in 2008 by the Bonded Labour Act. There have also been
reports of Nepali women and girls being trafficked to India where they are forced to marry Indian
men36. This is because sex-selective abortion of female foetuses in certain parts in India has been, and
is, rife, resulting in a situation where there is an excess of unmarried young men looking for wives.
Those children who have willingly sought labour abroad in low-skilled sectors often face conditions
indicative of forced labour such as the withholding of passports, restrictions on movement, nonpayment of wages, deprivation of food and sleep, and physical or sexual abuse37. This travel is often
facilitated by recruitment fraud and high recruitment fees charged by Nepal-based brokers and
agencies, with Nepali migrants paying up to $12,000 to recruiters, which is more than ten times the
average GDP per capita in Nepal38. Many are deceived about their destination country, the terms of
their contract, or are subjected to debt bondage, which can be facilitated by fraud and high
recruitment fees charged by unscrupulous agents.
The implications of child trafficking are devastating. Child trafficking has a hugely significant impact
on trafficked children and their families. Not only may it result in the death or permanent injury of the
trafficked child, but they are also denied access to education, healthcare, subjected to violence,
starved, and may become addicted to drugs if the traffickers use drugs as payment or to keep the
children quiet. Trauma is often prolonged and repeated, leading to severe psychological impacts. The
United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) reports that trafficked children
often suffer from depression, anxiety and post-traumatic stress disorder39. Parents who send their
children away for foreign employment are often unaware of the terms and conditions of the work
their children will be forced to perform. Many believe their children will become well-treated domestic
workers, when in actual fact they will be forced to work in prostitution and are facing regular abuse.
Since trafficked children rarely continue their education, the economic development of local
communities may be affected as returning children find it harder to secure employment in later life.
One of the main problems facing communities is the increase in HIV in the home areas of returning
trafficking victims. Recent research with repatriated Nepali women who have worked in the
commercial sex market reveals that trafficked women face a much higher risk of contracting HIV than
non-trafficked women. A 2007 study of repatriated Nepali sex-trafficked girls and women found that
38% of them tested positive for HIV40. Repatriation of victims is extremely difficult as many families
and communities are unwilling to accept trafficked children back, either because of the financial
burden or because of the strong stigma associated with sex workers. Even after repatriation, a child
who has been previously trafficked in Nepal is at a higher risk of being trafficked and exploited again.

36

The New York Times (October 16 2013). Sex Trafficking in India. Available at:
www.nytimes.com/2013/10/16/opinion/sex-trafficking-in-india.html?_r=0
37 U.S. Department of State (2013). Trafficking in Persons Report 2013. www.state.gov/j/tip/rls/
tiprpt/2013/index.htm
38 Ibid.
39
UNODC-UN.GIFT. (2008). Human Trafficking: An Overview. Available at:
http://www.ungift.org/doc/knowledgehub/resource-centre/GIFT_Human_Trafficking_An_Overview_2008.pdf
40 Silverman et. al. Department of Society, Human Development and Health, Harvard School of
Public Health, Boston, USA. (2007). HIV prevalence and predictors of infection in sex-trafficked
Nepalese girls and women. http://www.ncbi.nlm.nih.gov/pubmed/17666674

childreach.org.uk

11

2.2

Causes of child trafficking in Nepal

Child trafficking victims are rarely affected or influenced by only one factor; rather, it is the
compounding of several social, economic, cultural or familial factors that renders them susceptible to
being exploited and this is most certainly the case in Nepal41. Human trafficking is often conceptualised
using the economic model of supply and demand, wherein those who are trafficked constitute the
'supply', while the traffickers, those who profit from the exploitation - and those using the trafficked
children as a service provide the 'demand'. Trafficking rates are so high in Nepal because of the ease
at which victims, especially children, can be recruited because of the extensive push and pull factors
that drive the supply side of child trafficking. Child trafficking in Nepal is often carried out through
informal networks with the collaboration of local officials, community members, border officials and
especially family members, who often play a substantial role in the trafficking of children.
There is a strong correlation between a child in poverty and the likelihood of being trafficked. Poverty
in Nepal is extremely high, with 25.2% living below the national poverty line in 2011 and a per capita
income of only $699 USD (408.39) in 201242. Poverty can push or pull children and their families into
economic migration, lead to economic hardship that incites family breakdown or even leads to the
outright sale of children for the purpose of labour exploitation. Debt bondage is also common in Nepal
(despite its illegality) and so families are forced to send their children away for work to repay a debt.
More than half of commercial sex workers in Nepal and a quarter in India said their families were
indebted when they were children which is why they were working in the sex industry43. Families may
also send children to work in the hope that they will at least be properly fed and provided with the
basic necessities which they may not be able to receive back at home44. The majority of the time
parents are misled about the type of work their child will be involved in.
A lack of education or viable employment opportunities will also result in families struggling to earn
adequate income to support themselves, and often children are forced to drop out of school
altogether to go out to work to bring in food or money for their families. This unsurprisingly leaves the
children with little education and prevents them from getting well-paid jobs in the future, leaving
them vulnerable to exploitation45. The number of children dropping out of education is very high in
Nepal. In 2012, 44.09% of girls and 45.39% of boys dropped out of primary school46. In 2012, there
were 81,526 children of primary school age out of school in Nepal, and 122,238 adolescents who ought
to have enrolled in lower-secondary education47. When children are out of school they are more likely
to be trafficked.

41

UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
42 World Data Bank. (2010). Poverty headcount at national poverty line (% population); World Data Bank. (2012). GDP per
capita (current US$)
43 New Era/UNICEF. (1998). A Situational Analysis of Sex Work and Trafficking in Nepal with Reference to Children.
44 UNODC/UN Women/UN.Gift. (2011). Responses to Human Trafficking in Bangladesh, India, Nepal and Sri Lanka: Legal
and Policy Review. Available at: http://www.unodc.org/documents/humantrafficking/2011/Responses_to_Human_Trafficking_in_Bangladesh_India_Nepal_and_Sri_Lanka.pdf
45 UNICEF. (2009). UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
46 UNESCO Institute of Statistics. (2012). Cumulative drop-out rate to the last grade of primary education.
47 UNESCO Institute of Statistics. (2012). Number of out-of-school children of primary school age & number of out-ofschool adolescents of lower secondary school age.

childreach.org.uk

12

Nepal is largely considered to be a patriarchal society, with discrimination against women and girls
highly institutionalised48. This is further exacerbated by poverty, lack of awareness and a culture of
silence, impunity and poor law enforcement. This means that girls are more affected by push and pull
factors than their male counterparts as they face fewer employment and vocational training
opportunities49. As girls find it much more difficult to find work, they may also be seen as a greater
financial burden on families, as they have to be provided for rather than able to provide. Where
domestic violence, alcoholism and even incest are common, it is also likely that a child will choose to
leave their domestic environment in order to make a life for themselves elsewhere. A study carried
out by UNICEF of 3,960 children in Kathmandu found that 18% of the children had experienced some
form of sexual abuse such as fondling over or under clothes and kissing - 22.3% were girls and 13.5%
boys50. Nine percent reported experiencing sexual abuse involving having their body kissed, oral sex
and penetration51. What the study and numerous other studies have revealed is that the perpetrators
are frequently family members, relatives and neighbours. This data goes some way towards explaining
why children themselves choose to run away from home and look for employment and opportunity
elsewhere. A survey carried out by the ILO International Programme on the Elimination of Child Labour
(ILO-IPEC) into trafficking and sexual abuse among street children in Kathmandu revealed that 49%
had run away from home because of ill treatment by their family, including physical abuse52. According
to the State of the World's Children Report from 2011, 23% of Nepali women aged between 15 to 49
years old would consider their husband justified in beating or hitting them if they argued with him,
burnt the dinner or neglected their children53. What is clear from this is that domestic violence is
common in Nepal and child abuse is also rife. These types of abuse can lead to a loss of self-worth and
self-esteem, social isolation, feelings of hopelessness and helplessness; factors that would all cause a
child to become disenchanted with their home environment and may cause them to seek
opportunities elsewhere54. Traffickers also typically target low-caste groups or those that are
marginalised in Nepal55. Children from marginalised communities such as those from minority ethnic,
tribal and religious communities are often left unprotected by weak legal and policy frameworks,
making them much more vulnerable to being trafficked.
A lack of awareness about the dangers associated with trafficking may also influence the prevalence
of trafficking. Often, recruiters visit villages and approach unwary parents with glamorous stories
promising a better life, and tales of incredible job prospects are spun before unsuspecting parents.
Recruiters and returnees often fail to mention the fact that the jobs waiting for them are actually in
forced prostitution, hard manual labour or domestic servitude, where the children are likely to face
abuse. Trust is a huge problem, as many trafficked people are victims of their own relatives, friends

48

Terre des Hommes. (2003). Child Trafficking in Nepal. An Assessment of the Present Situation. Available at:
http://www.tdh.ch/en/documents/child-trafficking-in-nepal-an-assessment-of-the-present-situation
49

Ibid.
UNICEF. Violence against children in Nepal. Available at:
http://www.unicef.org/nepal/Voilence_Against_Children_series_3.pdf
51 UNICEF. Violence against children in Nepal. Available at:
http://www.unicef.org/nepal/Voilence_Against_Children_series_3.pdf
52 U.S. State Department. (2013). Trafficking in Persons Report. Available at:
http://www.state.gov/j/tip/rls/tiprpt/2013/?utm_source=Subscribers&utm_campaign=35f27bd04cTrafficking_Bulletin_Issue_9_July_20137_22_2013&utm_medium=email&utm_term=0_1002a3b355-35f27bd04c92744149
53 UNICEF. (2011). State of the Worlds Children. Available at: http://www.unicef.org/sowc2011/
54 UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
55 U.S. State Department. (2013). Trafficking in Persons Report. Available at:
http://www.state.gov/documents/organization/210741.pdf
50

childreach.org.uk

13

and partners. Young women and girls especially are often lured by men who promise them marriage,
a good life, work or money, and then become duped into prostitution or domestic servitude56. Children
are vulnerable to peer pressure and the attraction of the urban lifestyle and modern consumer items
are also likely to entice them into going with traffickers of their own accord57. In addition to this,
children are unaware of their legal rights or are made to feel as though they cannot exercise their
rights, which means that they do not fully understand that forced labour is illegal and that perpetrators
can face criminal prosecution.
Birth registration in Nepal is extremely low with only 42% of children under the age of five registered
in 2013, which means that a number of Nepali children are born without officially being declared on
record58. This is not only a violation of their rights, but with no official recognition of their names and
nationalities and no official registration of both, they are more difficult to trace if they disappear,
making it far easier for traffickers to hide them. According to UNICEF, only 35% of children under the
age of five have been registered at birth59. When trafficked between countries a lack of legal identity
also impacts on the repatriation process as it complicates country of origin identification and family
tracing. A large number of genuine Nepali passports containing false information that officials in India
have encountered in trafficking cases may be the result of some Nepali officials working with
traffickers to provide them with documents. In fact, in many cases the brothels or cabin bars where
children are forced to work in Kathmandu and other Nepali centres are often co-owned by
government officials and army officers60. Nine airport officials are currently under investigation for
taking bribes to allow workers travelling on falsified visas to pass immigration control, a traffickingrelated offence. The U.S. State Departments 2014 report into trafficking in Nepal notes that there
have been continued incidents of trafficking related complicity by government and political party
officials.
As previously mentioned, a number of factors are responsible for child trafficking in Nepal. The next
section will discuss in detail the causes of child trafficking in two districts of Nepal - Nuwakot and
Sindhupalchok revealed during consultations with 512 adults and children.

3.1

International mechanisms

A number of UN and ILO conventions contain provisions criminalising child trafficking, however the
foremost convention banning child trafficking is the UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children (2000). The Trafficking Protocol gives the most
comprehensive legal framework for defining and criminalising trafficking in human beings at the
international level, and it provides the first widely accepted, detailed and comprehensive definition of
trafficking. The full protection of children within the anti-trafficking context requires the ratification
and implementation of the Convention on the Rights of the Child (CRC), its two Optional Protocols
(OPs) and its Convention to Eliminate All forms of Discrimination Against Women (CEDAW). While
Nepal has ratified the CRC, its two OPs and CEDAW, it has not ratified the Trafficking Protocol. There
56

Body Shop & ECPAT. (2009). Their Protection is in Our Hands The State of Global Child Trafficking for Sexual Purposes.
Available at: http://www.ecpat.net/sites/default/files/Full_Report_Global_Child_Trafficking_for_Sexual_Purposes.pdf
57 ILO/IPEC. (2002). Trafficking and sexual abuse among street children in Kathmandu.
58 UNICEF. (2014). State of the Worlds Children. Available at: http://www.unicef.org/sowc2014/numbers/
59 UNICEF. (2011). State of the Worlds Children. Available at:

http://www.unicef.org/adolescence/files/SOWC_2011_Main_Report_EN_02092011.pdf
60

U.S. State Department. (2013). Trafficking in Persons Report. Available at:


http://www.state.gov/documents/organization/210741.pdf

childreach.org.uk

14

also exists a number of legal recommendations such as ILO's non-binding principles and guidelines for
a rights-based approach to labour migration (2005) and the Office of the High Commissioner for
Human Rights (OHCHR)'s 'Recommended Principles and Guidelines on Human Rights and Human
Trafficking' (2002) to provide extra guidance to countries on how best to combat trafficking.
Table 1: Conventions on human trafficking and Nepals signing status
Name of Convention

Status in Nepal

UN Convention against Transnational Organized Crime

Signed 12 December 2002, ratified 23 December 2011

UN Protocol to Prevent, Suppress and Punish Trafficking Not signed


in Persons, Especially Women and Children 2000

Protocol against the Smuggling of Migrants by Land, Sea Not signed


and Air 2000
UN Convention on the Rights of the Child 1989

Signed 26 January 1990, ratified 14 September 1990

Optional Protocol to CRC on Sale of Children, Child


Prostitution, Child Pornography 2002

Signed 8 September 2000, Ratified 20 January 2006

UN Convention on the Rights of Migrant Workers and


Their Families 1990

Not signed

CEDAW

Signed 5 February 1991, Ratified 22 April 1991

ILO Convention No. 182 on the Worst Forms of Child


Labour 1999

Ratified 3 January 2002

ILO Convention No. 138 on Minimum Age 1973

Ratified 30 May 1997 (Minimum age 14)

ILO Forced Labour Convention No.29 1930

3 January 2002

SAARC Convention of Preventing and Combating


Signed 5 January 2002
Trafficking in Women and Children for Prostitution 2002
and SAARC Convention on Regional Arrangements for the
Promotion of Child Welfare in South Asia

The United Nations Convention against Transnational Organised Crime (UNTOC) is a 2000 UNsponsored multilateral treaty against transnational organised crime. It was adopted by a resolution of
the UN General Assembly on 15 November 2000. It is the main international instrument in the fight
against transnational organised crime. The Convention makes specific reference to criminalising the
complicity of officials in organised crime, of which trafficking is a part. This is directly relevant to Nepal

childreach.org.uk

15

due to the continued participation of Nepali government officials in the process of trafficking61. Nepal
ratified this Convention on 23 December, 2011.
As previously mentioned, the primary international legislation governing child trafficking is the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing UNTOC. It was adopted by the UN General Assembly in 2000 and entered into force
on 25 December, 2003. It is the first global, legally binding instrument with an agreed comprehensive
definition on trafficking in persons that criminalises all forms of human trafficking. The intention
behind the definition is to facilitate convergence in national approaches with regard to the
establishment of domestic criminal offences that would support efficient international cooperation in
investigating and prosecuting trafficking cases. An additional objective of the Protocol is to protect
and assist the victims of trafficking with full respect for their human rights. It reaffirms the notion that
a child is anyone under the age of 18, and covers the following:
-

Facilitating the return and acceptance of children who have been victims of cross-border
trafficking with due regard for their safety
Prohibiting the trafficking of children for purposes of sexual or labour exploitation
Suspending parental rights of parents and guardians should they be found to have trafficked a
child
Ensuring that trafficked children are not punished for offences or activities relating to their being
trafficked, including prostitution or immigration violations
Providing for proportional criminal penalties to be applied to persons found guilty of trafficking
Providing for the physical, social and psychological recovery of victims through rehabilitation,
education and employment opportunities and counselling
Providing for repatriation of trafficking victims
Training officials and promoting community awareness

It also notes that even where a victim has consented to being moved, the act is still classed as
trafficking if they have been coerced, have received payment, or have been heavily influenced by a
peer. This is particularly relevant in the cases of child trafficking where those under the age of 18 lack
the ability to give consent. Nepal however, has failed to ratify this OP and the OP against the Smuggling
of Migrants by Land, Sea and Air. The latter OPs specific aim is to protect the rights of migrants,
however it is an essential part of a comprehensive international approach to combat people smuggling
and trafficking. Signing and ratifying UNTOC and its Protocols would enhance the level of international
cooperation among State Parties to the Convention to fight child trafficking. This will help Nepal
combat and prevent human trafficking and will assist in the repatriation of trafficking survivors.
The CRC is a human rights treaty setting out the civil, political, social, economic, health and cultural
rights of children. The Convention was signed by Nepal on 26 January 1990 and ratified on 14
September 1990. The Convention defines a child as any human being under the age of 18. The main
provisions of the CRC which explicitly deal with child trafficking are Articles 32, 34, 35 and 36. Article
32 binds State Parties to ensure that children are protected from economic exploitation and to ensure
that they are not performing work that could be considered as hazardous or a hindrance to a child's
development. It also requests State Parties to provide for a minimum age for admission to
employment; to provide for appropriate working hours and conditions and to provide for appropriate
penalties for lack of enforcement of the article. Article 34 orders State Parties to undertake necessary
measures to protect children from all forms of sexual exploitation and sexual abuse. They must

childreach.org.uk

16

undertake specific measures to prevent children from being forced or coerced into unlawful sexual
activity; to prevent the use of children in prostitution and other unlawful sexual practices and they
must prevent the use of children in pornographic materials and performances. Article 35 requests
States Parties to take all appropriate national, bilateral and multilateral measures to prevent the
abduction of, the sale of or traffic in children for any purpose in any form. This article is quite explicit
as it is not only criminalising the trafficking of children for sexual purposes, but is criminalising all forms
of trafficking. Article 36 requests that State Parties shall protect children from any form of exploitation
that may affect a child's welfare. These provisions relate specifically to the child's right to be protected
from trafficking, economic exploitation and from hazardous work, and to be protected from sexual
abuse and exploitation. Other important Articles in the CRC are Articles 2 (non-discrimination), 3
(primacy of the best interests of the child), 6 (right to life and survival) and 37 (freedom from torture,
right to liberty). It may also be worth noting that India has also ratified the CRC. This means that India
owes the outlined obligations to all children within their territory, even Nepali children.
The OP to the CRC on the Sale of Children, Child Prostitution and Pornography was signed by Nepal on
8 September 2000 and came into effect on 20 January 2006. It requires states to prohibit the sale of
children, child prostitution and child pornography. Article 1 declares that states must protect the rights
and interests of child victims of trafficking, child prostitution and child pornography, child labour and
especially the worst forms of child labour. Article 3 calls upon states to ensure that the acts of sexual
exploitation of a child, transfer of organs of the child for profit and the engagement of the child in
forced labour are covered as a minimum under its criminal or penal law, whether such offences are
committed domestically or transnationally or on an individual or organised basis. Article 8 calls upon
State Parties to adopt appropriate measures to protect the interests and rights of child victims of the
practices prohibited under the Protocol. Article 9 calls upon states to strengthen, implement and
disseminate laws, programmes and social policies that will work to prevent the offences outlined in
the Protocol. It also calls upon State Parties to promote awareness through means such as education
and training, and also to take all measures necessary to ensure repatriation, rehabilitation and
compensation of trafficking child victims. However, The UN Committee on the Rights of the Child notes
that the State Party has failed to take the necessary measures to ensure the full incorporation of the
OP into its domestic legal system.
The UN Convention on the Rights of Migrant Workers and their Families also includes some provisions
on trafficking. It acknowledges that irregular migrant workers are frequently exploited and face
serious human rights violations, and subsequently calls upon states to take appropriate action to
prevent and eliminate clandestine movements and trafficking in migrant workers while also protecting
their human rights. Article 68 is particularly relevant for the prevention and elimination of trafficking
in persons and smuggling of migrants. It invites State Parties to collaborate with a view to preventing
and eliminating illegal or clandestine movements and employment of migrant workers in an irregular
situation. The measures State Parties should take include: (a) measures against the dissemination of
misleading information relating to emigration and immigration; (b) measures to detect and eradicate
illegal or clandestine movements of migrant workers and members of their families and to impose
effective sanctions on persons, groups or entities that organise, operate and assist in organising or
operating such movements; (c) measures to impose effective sanctions on persons, groups or entities
that use violence, threats or intimidation against migrant workers or members of their families in an
irregular situation. Nepal and India have failed to ratify this Convention and so their citizens are unable
to take advantage of the measures outlined within it.
The ILO also has relevant conventions in existence that aim to protect children from labour
exploitation. The ILO Minimum Age Convention (No. 138) calls upon State Parties to define the age at

childreach.org.uk

17

which a child is legally allowed to work which is usually linked to the age for compulsory education.
The Convention however specifies that there should be a minimum age of 14 years for employment.
For work that may prove harmful to a child as it jeopardises their health, safety or morals, the
minimum age should be set to 18. Those children between the ages of 13 and 15 may work so long as
it does not disrupt their attendance at school or their participation in vocational training and so long
as the work is not harmful to their health or development.
The ILO Worst Forms of Child Labour Convention (No. 182) specifies that trafficking is in itself a worst
form of child labour. The worst forms of child labour are defined as slavery, the sale and trafficking of
children, serfdom, the use of a child in pornography or prostitution and the use of children in the
production of illicit materials. It also makes reference to bonded child labour, forced child labour and
recruitment into armed conflict. Essentially, it outlaws work which may harm the health, safety or
morals of children. Article 7 calls on states to ensure that they take all measures necessary to ensure
the effective implementation of the Convention and to provide for penal or other sanctions as
necessary. The same article also calls on states to eliminate child labour through preventing the
engagement of children in the worst forms of labour; to provide the assistance for the removal of
children from the worst forms of labour and their subsequent rehabilitation and social integration; to
ensure access to free basic education and vocational training for children removed from the worst
forms of child labour and also to identify and reach out to children at risk. The Convention also calls
upon states to take into account the special situation of girls.
The ILO Forced Labour Convention (No. 29) defines forced labour as 'all work or service which is
extracted from any person under the menace of any penalty and for which the said person has not
offered himself voluntarily'. This fundamental convention prohibits all forms of forced or compulsory
labour. Exceptions are provided for work required by compulsory military service, normal civic
obligations, as a consequence of a conviction in a court of law (provided that the work or service in
question is carried out under the supervision and control of a public authority and that the person
carrying it out is not hired to or placed at the disposal of private individuals, companies or
associations), in cases of emergency, and for minor communal services performed by the members of
a community in the direct interest of the community. The convention also requires that the illegal
extraction of forced or compulsory labour be punishable as a penal offence, and that ratifying states
ensure that the relevant penalties imposed by law are adequate and strictly enforced.
The main regional Convention to prevent child trafficking is the SAARC Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution. It provides for confidentiality of child
and female victims during legal processes and will ensure that they are provided with appropriate
counselling and legal assistance (Article V). Prevention and rehabilitation measures are also provided
for in the Convention (Article IX). It also provides for repatriation, the establishment of homes or
shelters for the rehabilitation of victims which will provide legal advice, counselling and training. The
Convention also states that State Parties 'shall promote awareness, inter-alia, through the use of
media, of the problem of trafficking in women and children and its underlying causes' (Article VIII).
However, the definition of trafficking in this Convention is limited exclusively to trafficking for sexual
exploitation so victims of forced labour and bonded labour are therefore excluded from being
protected by the provisions outlined in this Convention, which is deeply concerning.

childreach.org.uk

18

3.2

Domestic mechanisms

A lack of laws combating trafficking in Nepal is not a major issue, in fact there are multiple laws,
primarily the Human Trafficking and Transportation (Control) Act (HTTCA), criminalising the practice.
However the ineffective implementation of these laws is a core issue impeding an effective ban on
trafficking. The U.S. State Department's 2014 report into trafficking in Nepal notes that trafficking laws
in the country have not been well-implemented and there have been continued incidents of
'trafficking related complicity' by government and political party officials. Nepal is currently governed
under the Interim Constitution of Nepal, brought into force on January 15, 2007. The Interim
Constitution was drafted to facilitate and manage the Nepali constitutional transformation process
that started with the people's movement against the Monarchy in 2006. Article 29 of the Constitution
prohibits trafficking in human beings, slavery and bonded labour. This is a broad prohibition of
trafficking so it addresses all forms and is not limited to sexual exploitation, like the previously
discussed SAARC Convention. The Article also criminalises all forms of serfdom and slavery. Article 22
of the Constitution states that children cannot be employed in factories, mines or other forms of
hazardous labour and that they have the right to be free from physical, mental, or any other form of
exploitation.
Since 2007, the HTTCA has criminalised slavery, bonded labour and the buying and selling of a person,
however it does not criminalise the recruitment, transportation, harbouring or receipt of persons by
fraud, force or coercion for the purpose of forced labour or services. It criminalises forced prostitution
but, in a departure from the Trafficking Protocol's definition of human trafficking, it does not consider
the prostitution of a child to be human trafficking unless there is definite evidence that a child has
been forced into prostitution. The Act contains provisions to protect whistle-blowers and their
identities (Section 5); to provide rescue and rehabilitation; a positive duty is cast upon the State to
rescue victims of cross-border trafficking (Section 13); police protection must be provided when
required (Section 26) and compensation is to be provided (Section 17). The HTTCA however contains
a number of loopholes and fails to effectively address issues such as prevention, victim protection and
repatriation, as dedicated resources are inadequate. There is no compensation fund, despite the
provision contained in the HTTCA, or the possibility to file civil suits.
In addition to the specific legislation on trafficking, Nepal also has a number of legislation and codes
enacted which have provisions that seek to outlaw trafficking.
The Children's Act of 1991 is problematic because it still refers to children as those below the age of
16, not 18 as directed by the CRC, UNTOC and the Trafficking Protocol. While the Act restricts the
hours and types of work a child can do, the majority of underage children working are employed in
the informal sector where the enforcement of this type of legislation is impossible without adequate
resources. The Act defines hazardous work and prohibits the employment of children aged less than
16 years old in this form of work. Article 16 prohibits and punishes anyone who involves a child in an
immoral profession while Article 18 prohibits the employment of a child in employment which may
have an adverse effect on their life or health. Other major provisions include the establishment of
child labour inspectors and the establishment of a Child Labour Welfare and Coordination Committee.
The Act provides a legal institutional basis to control and regulate child labour. The Child Labour
(Prohibition and Regulation) Act 2000 prohibits the employment of children less than 14 years of age
while the Children's Act limits the time that a minor aged 14-16 can work from 6am to 6pm. The Child
Labour Act also prohibits the employment of any child in hazardous work (Section 3{2}) and Section 4
prohibits any child labour that is forced or has an adverse impact on the child's life and health.

childreach.org.uk

19

However, this Act is also not applicable in the informal sector where the majority of children are
employed.
The Foreign Employment Act 2007 has provisions which generally prescribe a number of safeguards
and requirements to be met before leaving the country on overseas work. Section 7 specifies that
anyone under the age of 18 should not be sent abroad for foreign employment and Section 22
specifies that anyone seeking work abroad must leave Nepal via Kathmandu airport. Section 45
specifies that punishment is to be imposed if any person engages in foreign employment or sends a
person abroad by giving false assurance or by luring a person to be engaged in foreign employment
will be punished. Punishment is also to be imposed in the event of sending minors abroad for foreign
employment. If this happens the licensee shall be punished with a fine of 300,000 to 500,000 Nepali
rupees (1,830-3,050) and imprisonment for a term of three to seven years.
The Bonded Labour (Prohibition) Act 2002 prohibits labour or services provided by a person to his
creditor without any wages or with nominal wages to pay back a debt. There are, however, no
repercussions for violating any of the provisions outlined in the Bonded Labour Act. The U.S. State
Department in their 2013 Trafficking Report noted that bonded labourers freed by a government
decree in 2000 have been left vulnerable to human trafficking in the absence of sufficient governmentmandated rehabilitation services. The Birth, Death and Other Vital Events (Registration) Act 1976
contains provisions appointing a registrar at the Ministry of Local Development and a local registrar
for each VDC to register births however this has been unsuccessful, with only 35% of all children under
the age of five being registered, and there are no repercussions for not registering births. This is highly
dangerous as it allows for the much easier production of fake documentation and it also leaves
children more vulnerable to being trafficked. Muluki Ain prohibits the taking of any person out of the
country for the purposes of selling them (Chapter 11{1}) and it declares it an offence to employ
someone as a servant slave or as a bonded labourer (Chapter 11{3}).
It is possible for Nepali citizens to travel to India legitimately without official papers through 14 legal
entry points due to the 1950 Peace and Friendship Treaty. This makes it extremely difficult to
differentiate between a legitimate and non-legitimate reason for travel and therefore makes the
movement of children from country to country far easier, especially with fake documentation. In 2012,
the government re-imposed a ban on the migration of females under 30 to the Gulf States for domestic
work. According to a report by the UN Special Rapporteur on Trafficking, bans such as these may drive
migration further underground and actually lead to an increase in trafficking. This ban should
therefore be revoked and other measures taken to protect migrant women working as domestic
workers in Gulf countries.
There are also a number of committees in Nepal that govern the issue of trafficking within the country,
such as the Office of the National Rapporteur on Trafficking in Women and Children (ONRTWC)
positioned within the NHRC. It has the responsibility of monitoring trafficking and co-ordinating
national and regional efforts to combat the trafficking of women and children. The establishment by
the Ministry of Women, Children and Social Welfare (MoWCSW) of District Committees on Controlling
Human Trafficking in 49 districts has also been a positive move. These committees are responsible for
controlling human trafficking and rehabilitating victims. However, many NGOs report that the majority
of these are either not active, or ineffective in their work62. MoWCSW drafted a National Plan of Action
(NPA) 2011-2016 against Trafficking in Persons. The plan aims to trace or map children at risk,
trafficking-prone areas, probable border crossing points for child trafficking, and data about children
62

U.S. State Department. (2014). Trafficking in Persons Report. Available at:


http://www.state.gov/documents/organization/226848.pdf

childreach.org.uk

20

crossing borders and children missing from home. It also aims to provide repatriated children with
primary health check-ups, psychosocial counselling and vocational and informal education, and also
develop and implement awareness-raising programmes. One of the main objectives of the plan is to
provide increased education, both formally and informally, on child rights and trafficking. However,
UNICEF have recently noted that 'weak delegation of responsibilities, insufficient allocation of
resources, inadequate monitoring and verification of indicators' have all constrained the effectiveness
of the plan'. A National Plan of Action for Children 2005-2015 and a National Master Plan for Child
Labour 2011-2010 also exist. The Committee on the Rights of the Child notes that these plans of action
are overlapping in terms of their target groups and the types of activities to be undertaken which may
impede their effectiveness. It recommends incorporating the various plans of action into a single
National Plan of Action for Children.
According to the office of the Attorney General, at least 189 trafficking offenders were prosecuted
under the HTTCA during the Nepali fiscal year. In the previous year, 229 offenders were convicted in
157 district court cases. Training for officials is sporadic, however some training sessions have been
held for military troops, police, peacekeeping forces and others with resources and funds sought and
received from other governments and NGOs. Some trafficking victims were reportedly arrested during
raids and then bailed out by their traffickers, further indebting the girls, and others were charged
under 'public offence' provisions in the law. Police officers' lack of awareness of the law and poor
investigation techniques impeded prosecution. Licensing of recruitment agencies and their monitoring
is unsatisfactory. Generally, there is a lack of awareness of trafficking and applicable laws by law
enforcement officials and the general community. However, Nepal does run emergency shelters in
Saudi Arabia, Qatar, Kuwait and the UAE. Most of the funds the government has allocated for
protection efforts remain unspent and in practice many trafficking victims, when they have the
courage to come forward, do not receive the legally mandated compensation.

4.1

Findings from 2012 Consultations in


Nuwakot district

Childreach International has been working in Nepal since 2008 and Childreach Nepal was founded in
Kathmandu in 2010. In early 2011, Childreach Nepal identified that their work with schools in
Sindhupalchok, which neighbours the targeted district, had been adversely affected by a rise in child
trafficking. More teachers were noting missing children and communities seemed to value the salary
advances offered by traffickers more than their education. These observations led us to reconnect
with Child to Child, with whom we had first engaged in July 2011 in Tanzania. In September 2011 Child
to Child identified an opportunity to develop a way to prevent child trafficking by integrating the Child
to Child approach into schools and developing the first ever set of Child to Child materials and training
for teachers to prevent trafficking, increase attendance and improve academic performance and child
participation. This process began in 2011 with a desk-based Child Rights and Trafficking Situational
Analysis of central Nepal.
The situational analysis revealed that child trafficking in the two districts was on the rise with dire
consequences. When trafficking victims returned they were often physically and psychologically
traumatised, and many were forcibly returned with either HIV or AIDs, which had resulted in an
increase in HIV, AIDs and other STDs in the community. The principal of Shree Seti School identified

childreach.org.uk

21

600 people in the region who were suffering from HIV or AIDs, which had spread dramatically
following the return of trafficking victims. In Icchok, girls who were known to the pupils and their
parents were known to have died of AIDs in brothels in India. Unfortunately, when victims returned
home they were often not being welcomed back into the community. The increase in trafficking in the
districts has also lead to increased insecurity in the communities.
What our situational analysis revealed was that little NGO work on child trafficking had previously
taken place in Nuwakot or Sindhupalchok, especially in comparison with other districts. Sindhupalchok
had for many years been the focus of NGO interventions in child trafficking, hence it was important
that gaps in service provisions were identified by Childreach International and Childreach Nepal in
order to ensure that services would be useful. Nuwakot was identified as an emerging area for child
traffickers which had relatively less attention by NGOs and it was therefore important for Childreach
Nepal to identify the extent of the problem and need for intervention. The needs assessment
identified that rescue and rehabilitation were the primary focuses of a number of NGOs, and
prevention was primarily in terms of rallies and occasional discussions with children's clubs and
communities. Little work had previously been done in terms of prevention in schools or long-term
with children, families and communities, and there was little integration with government efforts to
combat child trafficking. This therefore identified a crucial gap in services that Childreach Nepal could
effectively fill.
Based on the findings of the situational analysis, and to develop a better understanding of the push
and pull factors of child trafficking, a needs assessment was undertaken in Sindhupalchok and
Nuwakot from October 1 to October 15 2012 in collaboration with Child to Child. The needs
assessment aimed to identify: the push and pull factors that lead to child trafficking; the current
strategies used to combat trafficking; challenges faced in implementation; relevant policies,
procedures and stakeholder responsibilities; the role of government and civil society in prevention,
rescue and rehabilitation of children involved in child trafficking and current gaps not being filled by
NGOs in the area.
In total, 512 people in 86 discussion groups were interviewed from 22 schools. Respondents included
144 girls (20 aged 5-8, 40 aged 9-12, 56 aged 13-15, 28 aged 16-18) and 88 boys (17 aged 5-8, 25 aged
9-12, 42 aged 13-15, 4 aged 16-18). We also consulted 153 men (56 fathers, 42 teachers, 43 school
management committee (SMC) members, 11 government officials, 1 non-governmental organisation
(NGO) employee) and 127 women (79 mothers, 26 teachers, 8 SMC members, 14 NGO employees).
Research participants were asked a number of questions concerning child trafficking including
questions regarding who traffickers are, what the extent of child trafficking in their area is, what the
dropout rate at their schools were and how and why children are trafficked, as well as how child
trafficking could most effectively be prevented.

childreach.org.uk

22

Questions asked:
1.
2.
3.
4.
5.
6.
7.
8.

What is the extent of child trafficking in your area?


What is child trafficking and child labour?
Who are the traffickers?
How are children trafficked?
Why are they trafficked?
How can a child be prevented from being trafficked?
What is the dropout rate at your school?
To your knowledge, how many children have gone away from your village? Do you know
where they have gone and what they have gone to do?

A couple of the discussion groups specifically identified Icchok in Sindhupalchok and Gyangphedi in
Nuwakot as two of the main areas for trafficking. The District Education Officer in Gyangphedi not only
identified the district as a major trafficking centre but actually stated that it was almost impossible to
find any adolescent girls in the area, which was reaffirmed by staff from Child to Child and Childreach
International, who also noticed a distinct lack of adolescent girls during the visit. Further inquiry
revealed that the girls were trafficked to Kathmandu and India as soon as they reached adolescence.
A number of the groups stated that they were unaware of child trafficking in their districts, but did
acknowledge the prevalence of foreign employment which often goes hand-in-hand with trafficking.
A teacher in Rauthbesi, Nuwakot stated that 24 girls had disappeared from his school in the past year
and their whereabouts were unknown.
Of the 32 discussions groups that responded to question 3 regarding who the traffickers working in
their area are, 65.6% identified professional recruiters (pimps), 53.1% identified family members or
husbands, 25% believed that the children went of their own accord while 6.25% were completely
unaware. One of the children at the Shree Bacchala School in Shikharbesi, Nuwakot, was the brother
of two girls who he firmly believed had been trafficked to India from Nepal, and he was gravely
concerned that at least one, if not both, of his sisters were being sexually abused while abroad.
The needs assessment identified four main causes of child trafficking in the two districts:
1. High school dropout rate of girls from school
2. The ease at which fake documentation, including travel documents and birth registration
documents, can be obtained
3. Parents sending their children away for foreign employment
4. Children choosing to go abroad of their own accord due to personal circumstances, either because
they have become disenchanted with their own way of life or to escape abuse or maltreatment
Teachers and pupils were especially aware of the use of fake documentation (e.g. increasing the age
on the passport). In Shree Narayan pupils were aware of a 13-year-old girl who flew to the Gulf on a
fake passport and has not been heard of since. The ease at which fake documentation can be obtained
is primarily due to the complicity of relevant individuals in the production of documentation and also
the low rate of birth registrations, which makes creating fake documentation far easier.
In Nepal the dropout rate for girls is extremely high at 36.26% (32). The discussion groups identified a
number of reasons for this in addition to parents pulling their children out of school for employment
purposes. Schools were identified as being of poor quality with rundown school buildings that often

childreach.org.uk

23

lack separate and adequate toilet facilities for girls. Schools rarely have midday meals which places a
financial burden on childrens parents as they have to provide them with food. Girls are also often
teased on their way to school and schools tend to be at quite a distance from their homes, increasing
the chances that they will be verbally and physically abused. Teachers are also not considered to be
particularly child-friendly, which creates a hostile environment in which the children are unwilling to
work. Children at Shree Mangala Bhavat cited bullying, the irregular attendance of teachers and no
toilets as being reasons why young female children were dropping out of school. Teachers are often
not teaching pupils in the local language because local language teachers are unavailable, leading to
substantial barriers and confusion in the classroom. Monitoring of local schools in Nuwakot and
Sindhupalchok is also inadequate as there is a distinct lack of resources being injected into the
education systems in both regions. All groups were familiar with a high school dropout rate. Erkhu
School in Sindhupalchok acknowledged the importance of free uniform, stationary and lunch to ensure
that children stay at school, as this reduces the financial burden on parents. A number of local schools
also only teach up to a certain grade, which means that to get further education children will often
have to travel quite a distance to get to school, which many of them are unwilling or unable to do.
Another of the causes identified in the districts is that parents are willing to send their children abroad
to work for financial gain, unaware of what could happen to them. Families may also be quite large
and subsequently not possess the resources needed to send all their children to school and therefore
often send the eldest out to work as sending a child to school in Nepal is expensive as stationary,
lunches and uniforms all have to be provided by the families themselves. Teachers are not treating
child trafficking as a priority for teaching, and when it is being taught at schools it is often poorly
structured and uninformative. Girls are also under-valued in Nepali society and educating females is
not seen as a priority. Sending them abroad for foreign employment is seen as much more lucrative
than offering them an education.
In contrast to the reasons outlined above, in a number of cases the girls themselves choose to leave
their families of their own accord because they are neglected or unhappy with their family situation,
or because the peer has substantial influence over them and is therefore able to convince them that
there are 'bigger and better' things waiting for them outside of their family environment. Polygamy,
extra-marital affairs, domestic violence, alcoholism and incest plague some families in Nepal, and so
it is not surprising that some children become disenchanted with their family situation and
subsequently choose to move away from home for employment.
With regards to question 6 concerning how to prevent trafficking, the majority of responses fell into
two main categories - awareness and opportunity. The majority of the 51 groups which responded to
this question all mentioned the need to increase community's awareness of trafficking, with 27
directly mentioning increasing awareness on the importance of education, especially for girls; 19
mentioned the need to increase awareness of the dangers of trafficking and foreign employment such
as sexual abuse, and four groups mentioned the need to increase awareness of child rights so that
children were more aware of what they are entitled to.
The discussion groups provided a number of ideas as to how to increase awareness, including rallies,
issuing pamphlets, films, community discussion groups and the children themselves discussed how
drama performances by NGOs in their region had increased their own awareness of the dangers
associated with trafficking. Increasing the frequency of child clubs and parent-teacher association
meetings with local NGOs were also recommended by parents. A number also mentioned the need to
increase opportunities available for young children in both the districts. Vocational training and lifeskills training were referenced 11 times and increasing employment opportunities in the districts was
mentioned 10 times. Providing young girls especially with some kind of vocational training will provide
childreach.org.uk

24

them with the skills necessary to enter employment and to be able to financially support their family
without having to go abroad.
A number also cited the importance of investing in schools in the two districts, and demonstrated that
where local NGOs had provided stationary, lunches and uniform, students were more likely to attend
school as it eased the financial burden on the families. Children at the Shree Nawajyoti Primary School
in Rauthbesi, Nuwakot, were adamant that if their friends received stationary and other resources,
they were much more likely to attend school.
What also became clear from the discussion groups was that where external involvement from local
NGOs had been present in the childrens clubs, the children were far more aware of the risks
associated with foreign employment and the dangers of being trafficked and were subsequently far
more aware of how to protect themselves than children at schools where there had been no external
involvement. Parents were also more aware of the dangers of sending their child abroad for foreign
employment from feedback they had received from the children themselves. The implementation of
a holistic programme which is driven by the community relevant to their needs and implemented in
partnership with local, district and national stakeholders with special focus on addressing the root of
trafficking through education and school-based initiatives is therefore essential, with special focus on
increasing awareness of both pupils, parents and academic staff on the risks of foreign employment
and the importance of education for all, especially girls who are most at risk of being trafficked, in
order to reduce child trafficking in Nuwakot and Sindhupalchok.

4.2 Our response


In order to combat the high levels of trafficking in Nuwakot, Childreach International and Childreach
Nepal, in partnership Child to Child, ECPAT and Shakti Samuha, will work to keep 2,323 children
between the ages of five and 15 from being trafficked by ensuring they complete both primary and
lower-secondary school through improving teaching within 11 schools using the Child to Child
approach and sensitising communities on the importance of education through messages spread by
local champions and 149 Child to Child clubs.
2,323 children from marginalised backgrounds will complete both primary and lower secondary
education, allowing generational poverty to be broken as more education children go on to get higher
income jobs. Over one hundred adolescent girls will participate in life skills education and will
subsequently be able to recognise trafficking traps, make better risk assessments and decisions, will
not have their human rights threatened by trafficking and will return to school to complete their
education. These girls will become advocates for girls education and will be trained to spread these
messages to other girls and their families. 86 teachers will be using active teaching methods to
improve childrens classroom experiences and increase primary school completion rates through
increasing school retention.
Getting girls and boys into school and keeping them there is a vital step in reducing their vulnerability
to trafficking, especially with regards to hard to reach children such as those from marginalised
communities63. Being unable to go to school robs girls of the very real gains that decrease their

63

ILO/UNICEF/UN.Gift. (2009). Training manual to fight trafficking in children for labour, sexual and other forms of
exploitation. Textbook 2: Action against child trafficking at policy and outreach levels. Available at:
http://www.unicef.org/protection/Textbook_2.pdf

childreach.org.uk

25

vulnerability to trafficking: improved health, smaller family size, improved community status, and
continued educational gains in future generations64. Those with the lowest levels of education and
out-of-school children are the easiest for traffickers to manipulate because they are more likely to
accept unskilled or lower-skilled employment, such as domestic service or factory work65.
Education increases standards of living that help keep women and girls out of the reach of traffickers66.
When girls can go to school, they are physically protected in classrooms and able to build a sense of
agency through their academic achievements. They become more self-sufficient and empowered to
make decisions, taking control of their own lives.
Children in Nepal are at risk of being trafficked every day, and this risk is getting increasingly likely. It
is our duty to prevent this from happening, ensuring that children are aware of the dangers of
trafficking and protecting them from being subjected abuse and exploitation.
The project will use two main approaches to keep children in school:
1. Improve the quality of education by using the Child to Child methodology to improve teaching
2. Improve demand for education by sensitising children and communities on the value of education
by creating, strengthening and training 3 types of community-based groups: 1) Child Clubs; 2)
Adolescent Girls Groups (ADGs) and 3) Parents Groups (PGs) (split into Mothers Groups (MGs),
Fathers Groups (FGs), and representative PGs), who then spread key messages to the wider
community
To address the poor quality of teaching and the fact that children do not enjoy
school:
In Year 1 we will conduct a desk review to analyse the existing curriculum and teaching materials and
consult with the Ministry of Education and other stakeholders to determine gaps. Based on findings,
contextually appropriate teaching materials using the Child to Child approach will be developed
(including materials on child protection, trafficking, life-skills education and gender issues). Materials
will include a childrens activity pack, a training manual for Master Trainers (MTs), a teachers guide,
and a guide to sensitise parents and the community about the impact of trafficking. The Child to Child
Trust will run a Training of Trainers (ToT) workshop for every teacher in all 11 schools, as well as
partner staff. MTs will review the project materials during the training and feedback used to revise
them. In Years 2 and 3, Child to Child will run refresher training for MTs and undertake monitoring
visits to assess progress. School quality will also be improved through building the capacity of the
District Education Office (DEO) and each schools School Management Committee (SMC). DEO staff
will be trained by Childreach Nepal on increasing girls attendance, engaging with central government
on budgetary issues, and child rights. SMCs will be trained on their rights and responsibilities, lobbying
and advocacy, mobilising parents and teachers, monitoring teacher performance, and child
participation. There will be on-going support through mentoring, performance monitoring, exchange
visits to stronger DEOs or schools and refresher training over the three years.

64

U.S. State Department. (2010). Trafficking in Persons Report. Available at: http://www.state.gov/j/tip/rls/tiprpt/2010/
UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
66 Human Rights Advocate/Leone E. et. Al. Promoting Education and Employment for Women and Girls as Foundations for
Effective Human Trafficking Prevention. Available at:
http://webcache.googleusercontent.com/search?q=cache:http://www.humanrightsadvocates.org/wpcontent/uploads/2010/05/Promoting_Ed_Employment__for_HT_Prevention_-_E_Leone.pdf
65

childreach.org.uk

26

To increase demand for education and highlight its importance as well as


increasing awareness of the realities of trafficking:
Child to Child clubs will be set up in every school in Year 1, each comprised of 15 children of similar
age, to the extent every pupil is a club member. By the end of Year 1 these clubs will be active and
functioning and, guided by the MTs, members will spread what they learn using the Child to Child 6step approach. This programme uses a series of linked activities in which children think about
education and trafficking issues, make decisions, develop their life-skills and take action to promote
education. The 6 steps involve children:
1.
2.
3.
4.
5.
6.

Identifying their problems and priorities


Researching how these issues affect them and their communities
Planning action they can take based on their findings
Taking action with support from adults as needed
Evaluating their actions for successes, challenges and impact
Finding ways of maintaining action or improving it based on their evaluation

Children will also be trained to mobilise and coordinate in-school anti-trafficking activities and
campaigns. By Year 2, 5 schools will have integrated the Child to Child approach. Quarterly reviews
will identify lessons learned so that changes to the project materials and structures can be
incorporated before rolling out to the remaining six schools in Year 3.
Shakti Samuha will form one Adolescent Group for Creative Awareness (AGC) per Village Development
Committee (VDC), comprised of 30 girls who have dropped out of school. Girls will be trained on
strategies to resist trafficking, and Child to Child techniques for spreading messages to their
communities. Trafficking survivors will visit AGCs and the 11 schools every month to advise children
on the dangers of trafficking with descriptions of their experiences. Community watch committees
will be formed and members trained on child rights and trafficking prevention. Childreach Nepal will
conduct door-to-door visits on trafficking and the importance of education to every household
alongside key community members such as faith leaders, to add legitimacy to our message. Parent
Groups (PGs) and AGCs will organise street dramas on the link between birth registration and
preventing trafficking. Childreach Nepal will train parent groups on how to identify key decisionmakers, lobbying, and monitoring policy implementation.
To address the fact that parents have limited options for increasing their income,
the project will carry out the following:
Childreach Nepal will form an MG (20 mothers), FG (20 fathers), and PG (10 mothers/10 fathers
representing MG/PG) in each of the 4 VDCs through which to deliver livelihood training and support.
40 households per VDC will be involved with the livelihoods programme. In collaboration with the
livelihood partner, we will carry out a skills audit and needs assessment to support parents with any
preparatory market research and help them to write business plans. In conjunction with the existing
micro industries group (Lahu Udyog) we will train group members on 4 areas identified in the
consultation as having greatest potential for market expansion: setting up and managing effective
herb plantation, trout farming, goat rearing and small tea shop management. We will link up with the
local branch of the Nepal Chamber of Commerce (Udyog Banijya) to provide members with Small
Business Training. Antarparti and Srijanshil will support Group Leaders to access microfinance loans
from the local government microfinance association. Year 2 will see these activities take off, with
refresher training and individual support continuing. In addition, Childreach Nepal will train the groups

childreach.org.uk

27

on lobbying duty-bearers for irrigation and electricity infrastructure. In Year 3, we will conduct
structured ToT workshops for members so that they can train others in their communities.
To sustain project benefits and build the capacity of government officials to
advocate for improved education and prevent trafficking, the following will be
conducted:
Childreach Nepal will train 52 VDC-level officials on child rights, the importance of education, lobbying
DEOs and central government, and how to reduce the risks of corruption. Childreach Nepal will train
and mentor officials so they are able to withstand traffickers demands for falsified documents.
Childreach Nepal will lobby for a VDC-level counsellor to be installed in each office on the VDC payroll
and will assist with the recruitment and training of that person. ECPAT, acting as an advisory, will
identify prospective trainers on trafficking and victim identification at district-level (e.g. border
officials, police, teachers), and deliver a ToT to 20 participants who will then train 30 front-line staff in
each VDC. Modules will cover early victim identification, signposting to resources and referral points,
national/international obligations and recourse to justice. Accompanying resources and toolkits in
local dialects will be developed and given to all training participants. For six months after the
workshop, ECPAT will be available 1 day a week for support. In Years 2 and 3, ECPAT Nepal will conduct
a review followed by refresher training.
Use of the Child to Child approach:
The paucity of data on child trafficking, the isolated location of targeted villages, and the stigmatising
nature of the problem led us to select a Child to Child approach as the most effective way to keep
children in school. This approach has a track record of improving retention and teacher performance.
We know it works in the context of stigma as it has been effective in improving awareness of and
prevention of human immunodeficiency virus (HIV). Our consultations found that children would be
the best advocates and implementers of this project as they can influence each other, and are unafraid
of communicating sensitive issues. The Child to Child approach also maximises the number of children
who benefit, as a core component is that children go on to spread project concepts to other children
outside of project scope. This is ideal given the geographical challenges of this project. We will better
understand what prevents trafficking in rural areas of Nepal, allowing for the project to be replicated
elsewhere, thus significantly multiplying the positive impact of this project.

Recommendations to the Nepal and


UK Governments

As previously mentioned, a lack of laws governing child trafficking in Nepal is not a significant problem.
The problem lies with the fact that these legal provisions are inadequately enforced and a low risk of
arrest and prosecution fails to discourage traffickers. According to the U.S. State Department in their
2013 report, anti-trafficking structures are not fully effective and trafficking victims have not received
sufficient support from the government, while laws have been inconsistently implemented. In 2013
the Government did not demonstrate increased progress in protecting victims. Authorities were not
tracking the number of victims identified and in some raids of cabin restaurants, dance bars, and
massage parlours, trafficking victims, including girls, were reportedly arrested and imprisoned for up

childreach.org.uk

28

to 24 days after which they were released to their abusers67.


Many sources cite the same recurring problems within the legal framework that must be addressed.
One of these problems is the complicity of public officials in child trafficking. The U.S. State
Department notes that dance bars, cabin restaurants and massage parlours which facilitate sex
trafficking are actually co-owned by senior police and army officials. This is critical as it results in the
absence of necessary and effective prosecution of responsible traffickers despite adequate domestic
legislation. Another key problem is the lack of cases being reported to the police and subsequently to
the courts, assumedly because of the known complicity of officials and the prejudice against victims.
There is evidently a need to increase law enforcement efforts against all forms of trafficking, including
internal trafficking, and against Nepali officials who are complicit in trafficking related crimes and
ensuring that trafficking victims are not punished; raise awareness and revise the HTTCA. There is
generally a lack of awareness of trafficking and anti-trafficking laws amongst law enforcements
officials and the general community. A conducive atmosphere to make it safe for victims of trafficking
to testify has not been created, and there is a definite need for a witness protection programme.
There are evident discrepancies in domestic legislation regarding the age a child becomes an adult
and stops being a minor as the domestic legislation in Nepal continually cites the age of a child to be
those below the age of 16, which directly conflicts with applicable international legislation. There is
therefore a need to amend domestic legislation to ensure that the term child applies to all those
under the age of 18 and to also ensure that the prostitution of those under the age of 18 is still seen
as trafficking. The definition of child trafficking outlined in domestic legislation and in the SAARC
Convention is not comprehensive enough as it only covers trafficking for sexual exploitation and
ignores the prospects of forced labour.
The lack of effective enforcement of legislation remains one of the greatest hurdles to combatting
child trafficking in Nepal. Intimidation and harassment of survivors and witnesses during case
proceedings and the lack of protection mechanisms for survivors are reported as the main reasons for
low registration of trafficking cases in the courts.
Childreach International's recommendations to the Nepal Government are
therefore:
1. Ensure that the process of acquiring citizenship is freely accessible to all people in Nepal as laid
out in the 2006 Citizenship Act and the 2007 Interim Constitution.
2. Set out in law reasonable means by which children who cannot identify their parents can establish
their citizenship and access documents.
3. Amend all citizenship laws and policies to explicitly provide for mothers to convey citizenship on
their children without requiring involvement of the father or any other relatives.
4. Awareness raising campaigns to ensure the registration of all children at birth ensure that all
children of refugees and asylum-seekers born in the State party are issued with birth certificates.
5. Primary education needs to be made compulsory to ensure children are attending school and are
therefore not as vulnerable to the worst forms of child labour, as well as to minimise the chances
of children being trafficked in the first place. Simultaneously, minimise extra costs including school
uniform and school lunch to minimise financial pressures placed on families.
6. Ban the use of corporal punishment in schools to prevent any drop-outs that may be due to
violence in schools.
67

U.S. State Department. (2014). Trafficking in Persons Report. Available at:


http://www.state.gov/documents/organization/226848.pdf

childreach.org.uk

29

7. Improve facilities such as toilets and sanitation in schools to reduce the number of girls dropping
out because toilets are mixed, or non-existent, which would mean them going to the toilet and
changing menstruation materials outside in the open.
8. The Government must adopt inclusive and gender-friendly policies to ensure that education
remains free of any discrimination against girls and children from ethnic minorities. Ending sexual
harassment and all forms of gender-based violence in the education sector needs to be given high
priority as well as eliminating caste-based discrimination.
9. Ratify UNTOC and its additional Protocols. Non-ratification is a major stumbling block as many
enabling provisions of the treaties cannot be availed of.
10. Revise the Human Trafficking and Transportation (Control) Act (HTTCA) or finalise a new law which
brings the definition of human trafficking in line with international standards to ensure that all
forms of trafficking are penalised. As previously mentioned the HTTCA criminalises slavery,
bonded labour and the buying and selling of a person, but it fails to criminalise the recruitment,
transportation, harbouring, or receipt of persons by force, fraud, or coercion for the purpose of
forced labour. Introduce a definition of "child" which complies with the definition under the CRC
and international standards i.e. ensure that all those under the age of 18 are legally classified as
children.
11. Cases must be taken up in designated courts e.g. courts dealing with violence against women; and
judges, police officers and government officials must be trained and sensitised to handle matters
on trafficking. Witness protection efforts must be taken more seriously and an atmosphere free
from fear within which victims can testify must be established.
12. Raise awareness among government officials and the public of the existence of forced prostitution
of Nepali girls within Nepal through increased training.
13. The Government must ensure that trafficking victims are not punished for their involvement in
prostitution or forgery of official documents, and child victims must not be arrested but must be
put straight into protective services, rather than allowing them to be bailed by, and further
indebted to, their traffickers and abusers.
14. Retract the law which bans women under the age of 30 from travelling to the Gulf for work and
subsequently publicise this policy change to discourage migration through illegal channels.
15. Increase law enforcement efforts against government officials complicit in trafficking-related
crimes and ensure that punishments are proportional to the crime.
16. Improve links between India and Nepal especially along the border to ensure that the free
movement of individuals between the two countries does not include trafficked children.
Cooperation is taking place but this has not been made official or incorporated into domestic
legislation; it is being done sporadically and bilaterally through individual initiatives of
governmental or non-governmental organisations.
While the UK Government and Department for International Development (DFID) have previous
experience in encouraging girls to stay at school and have provided vocational training to young males
and females in the hope that they will remain in Nepal rather than go abroad for work, there is much
more that could be done to prevent child trafficking. The recent announcement of the "Work in
Freedom" Project however is encouraging.
Childreach International's recommendations to the UK Government are therefore:
-

Continue to work with the Nepali government on this issue but also increase partnerships with
local NGOs who are well placed to provide support locally as they understand and can respond to
community issues.
The focus of the Justice Project (DFID), which is due to start in 2014, should be predominantly

childreach.org.uk

30

oriented towards assisting women and children obtain justice, especially for trafficking victims
who tend to be excluded by the justice system.
Focus on improving gender equality as this will have a dramatic effect on the effectiveness of other
projects such as increasing girls school attendance and encouraging women to work in less
stereotyped roles.
Invest in further participatory action research of the causes of child trafficking and make funding
decisions according to findings.
Work collaboratively with other countries to influence global donor policy that relates to child
trafficking.
Use influence within global structures to pressurise the Government of Nepal to adhere to the
above recommendations.
Strengthen mechanisms for knowledge within the Foreign and Commonwealth Office and the
Department for International Development so that learnings from anti-trafficking efforts around
the world are effectively documented, disseminated, and reflected in present and future
initiatives.
Replicate the success of the 2014 Global Summit to end Sexual Violence in Conflict and host the
worlds first global summit to end child trafficking, raising awareness of the issue and enabling
greater coordination.
Follow policy discussions up, ensuring that verbal commitments turn into results at local level.

childreach.org.uk

31

Acknowledgements
We would like to extend our thanks to the following organisations for working with us to prevent
child trafficking in Nepal.

Antarparti

Child to Child

Department of Education, Nepal

ECPAT UK

Family Planning Association, Nepal

Shakti Samuha

Srijanshil

Red Panda

childreach.org.uk

32

References
Birth, Death and Other Vital Events (Registration) Act of 1976
Body Shop & ECPAT. (2009). Their Protection is in Our Hands The State of Global Child Trafficking
for Sexual Purposes. Available at:
http://www.ecpat.net/sites/default/files/Full_Report_Global_Child_Trafficking_for_Sexual_Purpose
s.pdf
Bonded Labour System (Abolition) Act (2002), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=71670
Children's Act 2048 (1991), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=30034
Child Labour (Prohibition and Regulation) Act (2000), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=57354
Directorate of Women and Children Service Centre, Nepal Police in UNODC. (2012). Global
Report on Trafficking in Persons 2012. http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf
ECPAT/Pradham-Malia, Sapana. (2004). Report on Laws and Legal Procedures Concerning the
Commercial Sexual Exploitation of Children.
Foreign Employment Act 2064 (2007), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=78258
The Guardian. (30 January 2012). Beirut Death of Nepali Migrant Worker Lila. http://
www.theguardian.com/news/video/2012/jan/30/beirut-death-Nepali-migrant-video
Human Rights Advocate/Leone E. et. Al. Promoting Education and Employment for Women and Girls
as Foundations for Effective Human Trafficking Prevention. Available at:
http://webcache.googleusercontent.com/search?q=cache:http://www.humanrightsadvocates.org/
wp-content/uploads/2010/05/Promoting_Ed_Employment__for_HT_Prevention_-_E_Leone.pdf
Human Security Report Project. (2005). Human Security Report 2005: War and Peace in the 21st
Century. Available at: http://www.hsrgroup.org/human-security-reports/2005/text.aspx
Human Trafficking and Transportation (Control) Act 2064 (2007), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=87492
ILO/UNICEF/UN.Gift. (2009). Training manual to fight trafficking in children for labour, sexual and
other forms of exploitation. Textbook 2: Action against child trafficking at policy and outreach levels.
Available at: http://www.unicef.org/protection/Textbook_2.pdf
ILO/IPEC. (2003). Internal Trafficking Among Children and Youth Engaged in Prostitution. Available
at:
http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/download/resources/nepal/nppubl0
2eng7.pdf

childreach.org.uk

33

ILO/IPEC. (2002). Trafficking and sexual abuse among street children in Kathmandu. Available at:
http://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_773/lang--en/index.htm
ILO-IPEC. (2001). Nepal Trafficking in Girls with Special Reference to Prostitution: A Rapid
Assessment. Available at:
http://www.ilo.int/legacy/english/regions/asro/newdelhi/ipec/download/resources/nepal/nppubl0
1eng9.pdf
ILO-IPEC/Tumlin, Karen. (2000). Trafficking in children in Asia; a regional overview. http://
www.ilo.org/ wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/
wcms_bk_pb_7_en.pdf; http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilokathmandu/documents/publication/wcms_182988.pdf
ILO/UNICEF/UN.Gift. (2009). Training manual to fight trafficking in children for labour, sexual and
other forms of exploitation. Textbook 2: Action against child trafficking at policy and outreach levels.
Available at: http://www.unicef.org/protection/Textbook_2.pdf
ILO. (2008). ILO Action Against Trafficking in Human Beings. Available at:
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms
_090356.pdf
ILO. (2005). Forced Labour and Human Trafficking: Estimating the Profits. Available at:
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--declaration/documents/publication/wcms_081971.pdf
ILO. (1999). Worst Forms of Child Labour Convention, C182. Available at:
http://www.refworld.org/docid/3ddb6e0c4.html
ILO. (1973). Minimum Age Convention, C138. Available at:
http://www.refworld.org/docid/421216a34.html
ILO. (1930). Forced Labour Convention, C29. Available at:
http://www.refworld.org/docid/3ddb621f2a.html
Interim Constitution of Nepal 2063 (2007), available at:
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=78619
New Era/UNICEF. (1998). A Situation Analysis of Sex Work and Trafficking in Nepal with
Reference to Children
The New York Times (October 16 2013). Sex Trafficking in India. Available at:
www.nytimes.com/2013/10/16/opinion/sex-trafficking-in-india.html?_r=0
NHRC. (2011). Trafficking in Persons Especially Women and Children in Nepal - National Report
2011. Available at:
http://www.nhrcnepal.org/nhrc_new/doc/newsletter/National%20Report%20on%20Traffiking%20i
n%20Persons%20%20Especially%20%20on%20women%20and%20Children%20in%20Nepal%20%202012.pdf
South Asian Association for Regional Cooperation (SAARC). (2002). Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution. Available at: http://www.saarcsec.org/userfiles/conv-traffiking.pdf

childreach.org.uk

34

Shakti Samuha A Study on the Condition of Slavery among Girls and Women Employed in the
Restaurants and Massage Parlours of Kathmandu Valley, cited in ECPAT. (2011). Global monitoring
status of action against commercial sexual exploitation of children. Available at:
http://www.ecpat.net/sites/default/files/A4A_V2_SA_NEPAL.pdf
Silverman et. al. Department of Society, Human Development and Health, Harvard School of
Public Health, Boston, USA. (2007). HIV prevalence and predictors of infection in sex-trafficked
Nepali girls and women. http://www.ncbi.nlm.nih.gov/pubmed/17666674
Terre des Hommes. (2003). Child Trafficking in Nepal. An Assessment of the Present Situation.
Available at: http://www.tdh.ch/en/documents/child-trafficking-in-nepal-an-assessment-of-thepresent-situation
U.S. State Department. (2014). Trafficking in Persons Report. Available at:
http://www.state.gov/documents/organization/226848.pdf
U.S. Department of State (2013). Trafficking in Persons Report 2013. www.state.gov/j/tip/rls/
tiprpt/2013/index.htm
U.S. State Department. (2011). Trafficking in Persons Report. http://www.state.gov/j/tip/rls/
tiprpt/2011/
U.S. State Department. (2010). Trafficking in Persons Report. Available at:
http://www.state.gov/j/tip/rls/tiprpt/2010/
UNEP. (2011). Women at the frontline of climate change: Gender risks and hopes. Available at
http://www.grida.no/publications/rr/women-and-climate-change/
UNESCO Institute of Statistics. (2012). Cumulative drop-out rate to the last grade of primary
education.
UNESCO Institute of Statistics. (2012). Number of out-of-school children of primary school age &
number of out-of-school adolescents of lower secondary school age.
UNICEF. Violence against children in Nepal. Available at:
http://www.unicef.org/nepal/Voilence_Against_Children_series_3.pdf
UNICEF. (2014). State of the Worlds Children. Available at:
http://www.unicef.org/sowc2014/numbers/
UNICEF. (2012) Nepal Statistics. Available at:
http://www.unicef.org/infobycountry/nepal_nepal_statistics.html
UNICEF. (2011). State of the Worlds Children. Available at: http://www.unicef.org/sowc2011/
UNICEF. (2009). Child Trafficking in East and South-East Asia: Reversing the Trend. Available at:
http://www.unicef.org/eapro/Unicef_EA_SEA_Trafficking_Report_Aug_2009_low_res.pdf
UNODC. (2012). Global Report on Trafficking in Persons 2012. Available at:
http://www.unodc.org/documents/data-and-analysis/glotip/Trafficking_in_Persons_2012_web.pdf

childreach.org.uk

35

UNODC/UN Women/UN.Gift. (2011). Responses to Human Trafficking in Bangladesh, India, Nepal


and Sri Lanka: Legal and Policy Review. Available at: http://www.unodc.org/documents/humantrafficking/2011/Responses_to_Human_Trafficking_in_Bangladesh_India_Nepal_and_Sri_Lanka.pdf
UNODC/UN.GIFT. (2008). Human Trafficking: An Overview. Available at:
http://www.ungift.org/doc/knowledgehub/resourcecentre/GIFT_Human_Trafficking_An_Overview_2008.pdf
UN General Assembly. (2007). Implementation of GA resolution 60/251 addendum
A/HRC/4/23/Add.1. Available at:
http://www2.ohchr.org/english/issues/trafficking/docs/CommunicationReport2007.pdf
UN General Assembly. (2001). United Nations Convention against Transnational Organized Crime.
Available at: http://www.refworld.org/docid/3b00f55b0.html
UN General Assembly. (2000). Optional Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the United Nations Convention against
Transnational Organized Crime. Available at: http://www.refworld.org/docid/4720706c0.html
UN General Assembly. (2000). Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography, 25 May 2000. Available at:
http://www.refworld.org/docid/3ae6b38bc.html
UN General Assembly. (1990). International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families. Available at:
http://www.refworld.org/docid/3ae6b3980.html
UN General Assembly. (1989). Convention on the Rights of the Child. Available at:
http://www.refworld.org/docid/3ae6b38f0.html
UN General Assembly. (1979). Convention on the Elimination of All Forms of Discrimination Against
Women. Available at: http://www.refworld.org/docid/3ae6b3970.html
Walk free Foundation. (2013). Global Slavery Index. Available at:
http://www.ungift.org/doc/knowledgehub/resourcecentre/2013/GlobalSlaveryIndex_2013_Download_WEB1.pdf
World Bank, Global Poverty Working Group. (2010). Poverty headcount ratio at national poverty line
(% of population). Available at: http://data.worldbank.org/indicator/SI.POV.NAHC
World Data Bank. (2012). GDP per capita (current US$)
World Data Bank. (2010). Poverty headcount at national poverty line (% population)

Version 2.0. Amended on 15/07/2014

childreach.org.uk

36

You might also like