After decades of people smuggling within and between countries in South Asia, the traffic pattern for human trafficking has changed. Increasingly, <a href="https://www.nepalitimes.com/from-the-nepali-press/us-bound-nepalis-trafficked-to-malawi">nationals of one country are stranded in another country</a> in the Subcontinent while in transit to the Gulf, Europe or America.
Middlemen dupe compatriots with fake visas, or assurances of taking them to the West and leave them along the way, where they are vulnerable to exploitation and abuse.
It is difficult enough to crack down on traffickers within countries because of impunity and spreading authoritarianism in the region, but what makes it even harder is the increasing trans-boundary nature of the crime.
“How do we deal with human trafficking in the context of rising authoritarianism and fascism in the region?” asked Emmy Award-winning Indian filmmaker Ruchira Gupta. “We are worried about the increasing power of the police and army in all our countries and yet we want to end impunity for those who are buying and selling human beings.”&nbsp;
Gupta was speaking at a webinar on trafficking of women and girls in South Asia organised by the <a href="https://www.nepalitimes.com/review/art-and-resistance-in-south-asia">South Asia Peace Action Network</a> (SAPAN).&nbsp;
A new bill in the Indian Parliament allows the police to raid homes on the pretext of fighting trafficked persons without any FIR. Gupta stressed that while ending impunity for rape and other sexual assaults on girls and women is of utmost importance, providing the police with a blanket warrant is not the solution.
“Fascism eroticises violence,” Gupta added.
<a href="https://www.nepalitimes.com/news/people-to-people-at-india-nepal-border">Human trafficking</a> is the third largest crime industry in the world in terms of monetary transactions, only behind drugs and arms smuggling. Girls and women account for 71% of trafficked persons globally. Detection of people smuggling fell by 11% in 2020 and convictions by 27%. An estimated 41% of those trafficked manage to escape on their own.&nbsp;
Gupta’s most recent book, I Kick and I fly, also investigates child prostitution and human trafficking in South Asia since the 1990s. Her investigations have helped crack down on human trafficking rings in the region. In 2002, she set up Apne Aap, a welfare organisation for survivors.
India recently cut its budget for Public Distribution Services including food and housing for the poor, and Gupta called on other governments in the region not to follow that example by increasing funds for those who fall through the social safety nets. Many who are deprived of basic needs eventually fall victim to traffickers.
Indeed, traffickers often target the young, impoverished and those from marginalised communities. After the 2015 Nepal earthquake, there was a <a href="https://archive.nepalitimes.com/article/nation/epicentre-trafficking-migration,3256">spike in the number of girls and women trafficked</a> from low-income families in <a href="http://archive.nepalitimes.com/article/nation/escaped-traffickers-back-in-business-luring-quake-survivors,2279">Sindhupalchok</a> and other hardest-hit areas.
Nepal and the rest of South Asia is a source, transit and destination country for human trafficking. An increasing number of Nepali women are stranded at transit airports in Sri Lanka, Bangladesh or India after being cheated and abandoned by traffickers who promised to take them to the Gulf or the West.
Cross-border collaboration between the governments and advocates in the region is therefore crucial, the panel heard.
Sigma Huda, advocate of the Supreme Court of Bangladesh and the first UN Special Rapporteur on Trafficking in Persons pointed out that r<a href="https://archive.nepalitimes.com/regular-columns/Analysis/pride-and-prejudice-at-SAARC,394">egional cooperation under SAARC</a> was largely unsuccessful to end trafficking in the region.&nbsp;
Some 92% of the trafficked persons in Bangladesh, as elsewhere in the region, are girls. In the past five years, 13,000 women and children have been trafficked across the country while 4,000 have been rescued. There is also a tendency of getting the girls married off to traffickers.
People in Bangladesh are primarily taken to the Middle East under the pretext of getting jobs in carpet factories, mills and other industries. But most are forced into domestic work and get exploited.
Huda added that even though the border with India is closed and fenced, people cross over. Together with Bangladeshi women and girls, the Rohingyas are also trafficked via the Bay of Bengal into Mumbai then on to the Middle East.”
Human traffickers are liable to capital punishment in Bangladesh, but she said implementation is a different story. In many cases, survivors shy away from seeking justice in fear of retribution or ostracisation, much like in Nepal and other countries in South Asia where victim-blaming is a norm.
Mehr Husain, author, publisher and journalist from Lahore said implementation of international laws and treaties to control trafficking, was not feasible even though Pakistan was a signatory, because they contradicted local laws.
Furthermore, people smuggled into Pakistan are then trafficked inside the country, mainly for sex and forced labour with an estimated 13 million people in Pakistan are engaged in <a href="https://www.nepalitimes.com/news/nepal-can-take-lead-to-end-modern-slavery">one form of slavery or other</a>. People are also being trafficked to steal their organs for transplants.
As many as 150 women and children were being smuggled into Pakistan every month in 2013, but Husain said strict migration laws meant they were jailed instead of being served justice. The fact that Pakistani laws do not clearly define human smuggling and trafficking makes matters worse.
Interestingly, Nepal’s Civil Code promulgated in 1853 has a chapter on human trafficking which Kathmandu-based advocate Sabin Shrestha pointed out as proof that the crime was prevalent even then.
Much later in 2007, a Human Trafficking and Transportation Act defined people smuggling as a serious crime and the burden of proof was put on the accused. The confidentiality of the victims and survivors is protected. If family members are traffickers, as often happens with girls, their confidentiality would be protected to protect the victims.
Even so, there is no law addressing human smuggling in Nepal. This is being rectified, a bill is now pending in Parliament.
The webinar ended with <a href="https://southasiapeace.com/2023/08/01/resolution-combat-trafficking-of-women-and-girls-in-southasia/?fbclid=IwAR1cldtLJrz6VksKvyznl_D5F7nY9_iM2RU3V-BgQN6VPwlepRXYWYqAZdI">an adoption of a resolution</a> to take action under the SAARC Convention on Combating and Preventing Trafficking of Women and Children by assembling a working committee to understand the modus operandi, causes, and consequences of human trafficking in the region.

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Human trafficking patterns changing in South Asia

<figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfdd89c7e80680e0a0c08jpeg.jpg" alt=""/><figcaption>Scars of injuries sustained by Shyam in his scalp when his Nepali employer in a restaurant in Luxembourg allegedly beat him with a tandoor skewer, ladles and other objects.</figcaption></figure>The Nepali restaurant is located in the richest country of the European Union, and its Facebook page is full of recommendations from guests lavishing effusive praise on its cuisine and service. The page also contains a post from its owner saying that the restaurant's chefs and staff prepare all meals with great care so that guests leave with satisfaction and good memories. What the Facebook page does not say is that the chef and staff had been made to work more than 18 hours a day as virtual slaves with their bank accounts, and in some cases passports, in the hands of an abusive owner. Luxembourg is Europe’s smallest country, and has the world’s highest GDP per capita. It is one of the founding members of the European Union, is one of its four capitals, and is also the seat of the Court of Justice of the European Union. Some of the restaurant’s regular customers could have been rich Europeans and those who worked on human rights. However, they were oblivious to the mistreatment and abuse of the restaurant’s Nepali staff by its Nepali owner. <a href="https://www.nepalitimes.com/opinion/two-decades-of-debate-on-female-migration/">Two decades of debate on female migration</a>, Upasana Khadka “I arrived in Luxembourg in October 2015 with a work permit sent to me by the owner of the restaurant,” says Shyam from Baglung, who paid for his own air ticket. “I wanted to live a decent life and save enough to provide for my family. But what a disappointment it has been.” In a series of phone calls from Luxembourg, Shyam spoke of chronic beatings, abuse, withholding of salary, and substandard living conditions. Unable to bear it any longer he and some other co-workers lodged a complaint with the Luxembourg police in July.  The case will now be further investigated by the Police Judiciaire, and based on its verdict the prosecutor's office will decide whether there is enough evidence of human trafficking to file charges. After several attempts to contact the restaurant owner, he finally responded via an email from his lawyer denying all accusations. He says he had neither mentally nor physically abused his staff, or forced them to work for free for 16 months or work extra hours.  ‘All the claims made by my ex-employees are false. They might have received a better offer from competing business and hence they fled from the restaurant housing overnight leaving a resignation letter in my mailbox,’ he states in the email. ‘This is nothing but a stunt to defame my image and damage the reputation of my very well-established business.’  Luxembourg law does not permit naming of the restaurant and the owner, unless convicted, but Shyam’s story has been corroborated by two of his colleagues as well with depositions he made with the local Nepali community and the police.   When he arrived Shyam was given space above the restaurant to share with two other co-workers. The toilets were rudimentary, and they were allowed to take a bath only once a week and that too, very grudgingly.  The restaurant’s cook, Binod, left soon after Shyam arrived because he could not tolerate the injustice of the owner, who happened to be his relative. Nepali Times tracked down Binod in Chitwan this week, and he confirmed that the owner was physically abusive and exploited his employees from Nepal. Binod is an experienced chef, having worked for 12 years in India and seven years in Qatar before spending €3,000 of his own savings to go to Luxembourg to work for his relative, who sent him a work permit.   <a href="https://archive.nepalitimes.com/article/nation/caught-in-the-middle/migration-agency-exploitation,4003">Caught in the middle by middlemen</a>, Upasana Khadka He also agreed to work for 12 months without pay in lieu of his work permit. He was hired as a chef, but was asked to also do all the shopping, carrying heavy goods into the store, cleaning and other chores. He had been promised a four-hour working day, but ended up doing 18-hours a day.  Binod’s passport was taken away from him, and his phone calls were monitored. After he found the abuse intolerable, Binod asked his relative for his passport and money, but he lost his temper and beat him with anything he could lay his hands on. His employer opened a bank account in Binod’s name and would deposit about €2,000 every month. But the restaurant owner kept all the passwords himself and Binod could not have access to his account. The owner then withdrew most of the salary he had deposited, and gave only €500 to him. At first, Binod says he did not complain because he thought that was the way things were done in Luxembourg. Binod’s unwritten agreement with his relative was that he would work for free for one year to repay him for the work permit. But he ended up working at the restaurant for no salary, no leave and no weekends for most of the 3.5 years. “When I did not do as asked, he hit me with a metal tandoor skewer or a ladle,” Binod recalls. “There were many nights when I could not sleep because of the pain from the beatings, and the pillow would be soaked with blood from wounds in my ears.”  Binod would plead with the employer to take him to hospital to get stitches, but was not allowed. After nearly four years of this, Binod’s father died and he asked his employer for leave. When the owner refused, Binod got relatives back home to buy a one-way ticket back to Nepal and never went back to Luxembourg.  Both Binod and Shyam thought the prospect of a job in Europe would change their lives, and trusted a fellow-Nepali employer. But while Binod returned to Nepal because he could not bear the mistreatment, and did not want to turn against his relative, Shyam lodged the complaint with the authorities.   <a href="https://www.nepalitimes.com/here-now/nepal-and-malaysia-rewrite-rules-for-migrant-labour/">Nepal and Malaysia rewrite rules for migrant labour</a>, Kunda Dixit Binod and Shyam talked to us separately, and one did not know the other was in touch with Nepali Times. But the pattern of abuse and the method of exploitation they described unprompted were identical in both cases.  In July, three of the Nepali workers complained to the Non-resident Nepalese Association (NRN) Luxembourg, and a section of the interaction was recorded by someone there. Shyam also said he had to work 16 hours a day without holidays, not allowed breaks or to meet with other Nepalis “I was imprisoned for seven years,” he said in the audio clip. Like Binod, Shyam’s verbal deal with the employer was that he would work without pay for the first 16 months to compensate him for arranging the work permit. But because that is not allowed under Luxembourg law, the employer would deposit €1,600 every month in his account, and he would withdraw the amount every month and hand it to the owner. He was sometimes allowed to keep €150 for himself as an allowance. For the first six months he was treated well by his employers, and he did not complain about the bad accommodation and poor food as the other employees were in the same predicament. But after that he started facing physical violence – being hit by skewers and boxed in the ears, like Binod. After 16 months, the owner made him sign an official contract as required by law. But even after that, he kept most of Shyam’s salary himself. In addition, the owner only gave the workers left-overs, vegetables and a thin gruel to eat.  “Sometimes we used scrap bones to make soup, and he would beat us up calling us thieves,” Shyam said on the phone. “At other times he would summon us in the middle of the night to massage his legs.”  Shyam says he tolerated the beatings and abuse because he did not want to lose face back home, and wanted to protect his mother from social stigma. He sold his land in Nepal, and brought his wife and two children over to Europe as well, and for this he needed his employer’s help. When he visited Nepal for the first time since leaving for Luxembourg, family members asked him about the scars on his face. He told them it was work related. Finally, unable to bear the abuse any longer, Shyam and three other staff – one of them another relative of the owner – decided to tell their story to the NRN. In the audio recording of their deposition, the relative of the owner is heard saying that although he and his wife were also mistreated, he could not come out openly to lodge a complaint because of his family ties to him.  Another staff member is overheard in the clip saying he was forbidden even to drink water or take a toilet break while in the kitchen. Shyam explained that after meeting the Nepali community, the three of them got the courage to file a complaint with the Commissariat Luxembourg on 25 July 2021. The NRN Chair in Luxembourg Hari Khatri and his family own a restaurant and grocery. He was shocked by the revelations of the four Nepali restaurant workers.  <a href="http://archive.nepalitimes.com/page/women-migrant-workers-are-doubly-vulnerable">Women workers are doubly vulnerable</a>, Rojita Adhikari “In my 23 years living here, this has never happened before in the Luxembourg Nepali community. We all lived together as one family,” Khatri said on the phone. “The case is now with the police, they will investigate and we will soon know the facts. I will try to help the staff as much as I can.” There are about 450 Nepali residents in Luxembourg and some 120 households. Many of them have come as cooks to work in Nepali restaurants, and earn enough in about six months to bring their families over. Luxembourg law allows restaurant owners to import cooks if a citizen who qualifies for the job cannot be found.  That is how Khatri himself brought his brother over in 2006, who is now well settled with his family in his own house. “But I had never heard of any Nepali not paying 16 months salary to a fellow Nepali,” he added. Like other countries in Europe, Nepalis also try to come to Luxembourg on student visas by paying agents in Kathmandu up to Rs1.6 million. He warned Nepali youngsters not to get duped, since the cost of living is very high, and it is difficult to pay living costs and school fees by working. With the pandemic, there are also fewer jobs in the service industry. Most are now working on home delivery and take away.   After the interaction with the NRN, the restaurant owner’s mother and father pleaded with Shyam and his colleagues not to press charges against their son. In an audio recording of a telephone conversation that Nepali Times was provided, they can be heard apologising to Shyam about the way their son treated him.  Shyam then asks them why they did not speak up even though they knew that their son was abusing employees. The restaurant has remained closed since the four employees left and filed the complaint. Many Nepalis in Europe have said in interviews that they are not surprised by this story from Luxembourg. The practice of friends and relatives misusing the work permit in restaurants to engage in human trafficking is said to be rife.  But such is the <a href="https://www.nepalitimes.com/latest/half-of-nepalis-lost-jobs-in-past-month/" target="_blank" rel="noopener noreferrer">desperation of young Nepalis for jobs</a> that they are willing to risk all for a decent income to support families back home. Many of them tolerate the <a href="https://www.nepalitimes.com/latest/nepali-guard-beaten-in-malaysia-goes-viral/" target="_blank" rel="noopener noreferrer">abuse and exploitation</a>, and are also not aware of their rights in European countries.  Service Info Traite, which supports victims of human trafficking in Luxembourg says that the investigation and judicial process could take up to three years. It says the restaurant owner using a bank account to get around labour laws to exploit his employees is not new.  Says Frank Wies, who is a lawyer with Luxembourg’s Human Rights Commission: “The police, the courts and the prosecution often lack the necessary sensitivity to recognise and treat human trafficking. I have often seen cases where victims are given a settlement and deported back to their countries.” That is not likely to happen with Shyam and his two colleagues who have work permits. But they have gone to the police in one of the world’s richest countries in the hope that justice will be served, and maybe set an example to other Nepali employers in Europe.   Some names have been changed. Luc Caregari of Reporter in Luxembourg collaborated in this investigation. This report is published simultaneously in English in <a href="https://www.nepalitimes.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com&amp;source=gmail&amp;ust=1629986195528000&amp;usg=AFQjCNHtSVNSRWqbuFfj0xvYbhurabXE-A">Nepali Times</a>, in German in <a href="http://reporter.lu/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://reporter.lu&amp;source=gmail&amp;ust=1629986195528000&amp;usg=AFQjCNHmoJ1q5lxrWAGKSIqhvoLQ1ds7Yw">reporter.lu</a> and in Nepali by <a href="http://onlinekhabar.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://onlinekhabar.com&amp;source=gmail&amp;ust=1629986195528000&amp;usg=AFQjCNExFo0zvEqQtb7MfZDSAfMpQv1MvQ">onlinekhabar.com</a>._________________  <h2>Dark shadow of the European dream</h2> During my reporting trip to Europe in 2019, I visited many Nepali restaurants, interviewed their Nepali owners, and met with employees. I also met government officials and visited police departments. In Luxembourg, it was not easy to get information. After the initial chit chat restaurant workers suddenly went quiet when asked about their working conditions and seemed intimidated. Owners liked to highlight how they were helping fellow Nepalis attain their European dream. I soon found out that the reason was that many of them are victims of physical and mental torture, not aware of their labour rights in Europe because of lack of education or being unable to speak the local language. They trusted the employer who was often a relative or friend from back home.  It was in Luxembourg, the country where the Court of Justice of the European Union is situated, that migrant workers were facing some of the worst violations of their human rights at the hands of fellow Nepalis. Outwardly, the restaurants looked spic and span, the guests were all well-groomed, and seemed to be from the higher echelons of society. The Nepalis all said they were happy. But behind this veneer, I had a nagging feeling that it was all too good to be true.  Sure enough, after some digging, I found a similar story to what I had uncovered in Helsinki earlier. Together with <a href="https://www.nepalitimes.com/here-now/finnish-paper-expose-on-nepali-restaurants/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/finnish-paper-expose-on-nepali-restaurants/&amp;source=gmail&amp;ust=1629986195528000&amp;usg=AFQjCNE_Bi1ton1z4xOyqLRgwTTz1UfqsQ">Helsingin Sanomat</a>, we at Nepali Times had covered the story on human trafficking of Nepali workers by a Nepali restaurant owner in 2019, after which the <a href="https://www.nepalitimes.com/latest/nepali-restaurateurs-fined-in-finland/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepali-restaurateurs-fined-in-finland/&amp;source=gmail&amp;ust=1629986195529000&amp;usg=AFQjCNEsSkybqU-hj0KgZBpma0xalqzAAg">Finnish government took action</a> on the perpetrator.  Like in Finland, some migrants who had entered Luxembourg legally were being abused and denied basic human rights, including the right to decent working hours and salary as per the labour laws of the country, right to safe housing and good food and the right to live with dignity.  The stories of Binod, Shyam, and their colleagues prove that there are Nepalis who themselves rose up the ranks to be restaurant owners who are now preying on vulnerable and desperate people from the home country.  There is no other label for this but human trafficking — anyone who is made to work in a different place than their home country without a fair salary, housing, food and health services are victims of human trafficking, even if they are not subject to physical, verbal, mental and sexual violence.  Shyam and Binod’s Nepali employer has all the legal paperwork for their contract and bank accounts. Still, they were exploited. It is now up to the authorities there to find out how such violations  could occur in a country which has such strict safeguards. <img width="97" height="103" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfddb9c7e80680e0a0c09jpeg.jpg" alt="">Namrata Sharma is former chair of the Centre for Investigative Journalism Nepal. This article has been developed with the support of the <a style="font-family: georgia, serif;" href="http://www.money-trail.org/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://www.money-trail.org&amp;source=gmail&amp;ust=1629986195529000&amp;usg=AFQjCNHi58yJp7lYGXJm-u7RxXB37cRrBw">Money Trail Project</a>, <a style="font-family: georgia, serif;" href="https://www.journalismfund.eu/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.journalismfund.eu&amp;source=gmail&amp;ust=1629986195529000&amp;usg=AFQjCNFgo-S83vRTW2_zljHaM5pvCj-uzg">Journalism Fund EU</a>, and <a style="font-family: georgia, serif;" href="http://www.financeuncovered.org/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://www.financeuncovered.org/&amp;source=gmail&amp;ust=1629986195529000&amp;usg=AFQjCNG5Rn24XIEKJ2NEdArVvblHbVcR1A">Finance Uncovered</a>.Read also:<a href="https://www.nepalitimes.com/here-now/in-the-minds-of-nepals-migrant-workers/">In the minds of Nepal’s migrant workers</a>, Upasana Khadka<a href="https://www.nepalitimes.com/opinion/south-asias-migrants-shared-problems-share-solutions/">South Asia’s migrants share problems, share solutions</a>, Upasana Khadka

Nepalis abused by Nepalis in Luxembourg

<a href="https://www.nepalitimes.com/wp-content/uploads/2020/02/Inter-country-adpotion-and-child-trafficking-in-Nepal-NT.jpg" data-elementor-open-lightbox="yes"></a><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b75119c7e80680e0623ccjpeg.jpg" alt="" width="1500" height="1000"/>A major discrepancy between Nepal government and foreign records of the number of Nepali children adopted in North America and Europe has exposed a <a href="http://archive.nepalitimes.com/news.php?id=18609#.Xk4-EjIzaUk" target="_blank" rel="noopener">trafficking ring</a> that involves various child welfare agencies in Kathmandu.The Ministry of Women, Children and Senior Citizens has records of only 64 children from Nepal sent for <a href="http://archive.nepalitimes.com/news.php?id=13306#.Xk4-AzIzaUk" target="_blank" rel="noopener">adoption</a> to ten western countries from 2010 to 2019. However, a list submitted to the <a href="https://www.hcch.net/" target="_blank" rel="noopener">Hague Conference on Private International Law</a> (HCCH) by the US Department of State and the nine other countries reveals that 242 Nepali children were taken for adoption in those nine years.The ten countries are the United States, Denmark, France, Norway, Switzerland, Canada, Germany, Belgium, Italy and Sweden. There are 178 more <a href="http://archive.nepalitimes.com/news.php?id=15217" target="_blank" rel="noopener">Nepali children adopted internationally</a> than the government has records for. Why the discrepancy?“The data we have is authentic,” maintains Ministry spokesperson Gyanendra Paudel. “We have no idea how the details in other countries showed more numbers.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=13306#.Xk4-AzIzaUk" target="_blank" rel="noopener">Baby bajar</a>, Anagha NeelakantanBut for Manju Khatiwada at the National Human Rights Commission (NHRC), this is a clear case of child trafficking. She says: “The traffickers produce fake documents and influence both the government officials and parents to smuggle the children abroad.”Official adoptions by foreign nationals have virtually stopped after reports of corruption and payoffs were publicised in the media ten years ago. But there is a high demand for adoption, especially in western countries, and a plentiful supply of poor Nepali parents <a href="http://archive.nepalitimes.com/news.php?id=16827#.Xk5BTTIzaUk" target="_blank" rel="noopener">who cannot support their children</a>, and this differential drives trafficking. Some parents are also tricked by traffickers into giving up their children.Manju and Bhimsen Khadka from Sindhupalchok used to sell roasted corn by the roadside in Kathmandu. One day ten years ago, a neighbour named Sarita Shrestha and her husband took pity on their three boys, and offered to place two of them, Rajkumar and Balkrishna, aged 8 and 6, at a children’s shelter.The parents agreed because it would relieve the burden of feeding and educating them. But once the children were taken from them, the shelter’s management repeatedly refused to allow Manju and Bhimsen to visit them, and even started issuing threats.“I begged them to at least let me see my sons just once, but they said they would finish me off,” Manju Khadka recalls tearfully. The parents lodged a complaint at the NHRC, which started an investigation, and found that Rajkumar and Balkrishna had already been adopted in Italy.Says NHRC’s Khatiwada: “It is clear that the parents were tricked into thinking their sons would be educated, but they were instead stolen and sold by the shelter, which prepared original-looking fake documents at the Nepal Children’s Organisation in Naxal.”The NHRC notified the government, saying Bal Mandir had sent the children to Italy for adoption, and recommending that Nepal’s adoption laws and policies be amended to plug the loopholes. It also said a public awareness campaign was necessary to warn parents about child trafficking.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/article/nation/bal-mandir-rape-allegations,1495" target="_blank" rel="noopener">Child predators</a>, Sunir Pandey<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=16819#.Xk5BTDIzaUk" target="_blank" rel="noopener">Looking for a home</a>, Mallika AryalAfter <a href="https://archive.nepalitimes.com/article/nation/bal-mandir-rape-allegations,1495" target="_blank" rel="noopener">malpractices were uncovered in the 2000s</a>, the Nepal government <a href="http://archive.nepalitimes.com/news.php?id=16819#.Xk5BTDIzaUk" target="_blank" rel="noopener">tightened laws on adoption</a>. According to the ‘Terms and Conditions and Process Required for Approving Adoption of a Nepali Child by an Alien – 2008,’ prospective foreign parents cannot choose the child they want to adopt.<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=7490#.Xk4-FTIzaUk" target="_blank" rel="noopener">Foreign couples wishing to adopt a Nepali child</a> must apply through a registered international agency or their embassies in Nepal, filling out forms offering details about the age, gender and other particulars that they seek in a child. A joint secretary-led ‘Family Matching Committee’ is then assigned to find the child from shelters. Clause 14 of the Terms and Conditions stipulates that these adoptions will take place on a first-come-first-serve basis.However, the Hague Conference on Private International Law (HCCH) documents make clear that many adoptions have skipped the whole process. The documents show that Denmark received 20 Nepali children through adoption from Nepal in the last nine years. But government records in Kathmandu show only two children had paperwork to leave for that country. The mismatch is even starker for France, for which government records here show only one adopted Nepali child, but the HCCH records 21 Nepali children adopted by French families.Numerically, the United States shows the biggest discrepancy. The State Department report reveals that 102 children were adopted from Nepal in the last nine years, but the government’s records here show only 11.According to the Bureau of Consular Affairs of the US Department of State, an American citizen wishing to adopt a child should be at least 25 years old, and in the case of couples both husband and wife should agree to adopt the child. Prospective parents should not have any criminal background and should meet the criteria of the country from which they seek to adopt. The fact that 91 Nepali children adopted by Americans have no records in Nepal prove that they were transported outside of legal channels. HCCH records show that Norway, Canada, Switzerland, Belgium, Sweden and Italy had similar inconsistency with Nepal government records.Only figures for Germany show the opposite: government records here show four children were adopted by German parents between 2010 and 2019, and HCCH data shows only two children were adopted in Germany.Read also: <a href="http://archive.nepalitimes.com/news.php?id=15215#.Xk4-CzIzaUk" target="_blank" rel="noopener">Abandoned</a>, Mallika AryalChapter 8 and Chapter 9 of the Civil Code 2017 have the provisions in accordance with the UN Convention on the Rights of the Child. And there are a slew of policies and strict regulations governing inter-country adoption. For example, the Standards for Operation and Management of Residential Child Care Homes 2013 says it is the state’s responsibility to look after children who have lost both parents, or the children of invalid parents, provided their kin cannot take care of them. The <a href="http://archive.nepalitimes.com/news.php?id=16819#.Xk4orjIzaUk" target="_blank" rel="noopener">priority is for in-country adoption, and international adoption is only a last resort</a>.All these legal provisions make inter-country child adoption so strict that it is inconceivable that such adoptions take place without the knowledge of several government agencies. The discrepancy of HCCH and Nepali records thus reveals that children are being trafficked abroad in the guise of adoption.An NHRC report on Trafficking in Persons 2019 points to a nexus between orphanages, child-care centres and foreigners wishing to adopt children. The report says there are 14,864 children in 533 children’s homes all over the country. Nearly 80% of children in such centres are not orphans, and have either one or both parents.The only government shelter for orphans is <a href="https://archive.nepalitimes.com/article/nation/bal-mandir-rapists-jailed,1861" target="_blank" rel="noopener">Bal Mandir</a> and it is run by the Nepal Children’s Organisation (NCO), which provides care, nutrition and education to orphans all over the country. The NCO has been implicated in facilitating documents for illegal inter-country adoption.In August 2019, British national Dona Smith was arrested at Kathmandu airport with a newborn baby she claimed was her daughter. Smith was carrying a birth certificate from Lalitpur Metropolitan City and the baby’s passport, issued by the British Embassy, carried her name as Anna Bella Laxmi Shrestha Smith. Smith told suspicious immigration officials that the baby’s father was Nepali.An investigation later found out that the baby’s real mother was a rape victim who gave birth to her at Paropakar Maternity Hospital. Smith admitted to paying Bal Krishna Dangol, director of the NCO, Rs450,000 for the baby and another Rs2 million to procure the necessary documents to take her out of the country. Deputy Superintendent of Police Hobindra Bogati says <a href="https://kathmandupost.com/province-no-3/2019/08/15/head-of-bal-mandir-nation-s-oldest-non-profit-for-children-arrested-on-charges-of-child-trafficking" target="_blank" rel="noopener">Dangol was found to be involved in a larger child-trafficking network</a>. Both Dangol and Smith are now in jail.Police figures show more than 1,000 children were trafficked in the past five years. DSP Silwal says the children are usually bought from willing poor parents but that some parents are tricked into sending them to shelters. The traffickers then sell them to adoption brokers who make contact with foreigners eager to adopt children.“The children who are trafficked are often from the poor and underprivileged families or are street children,” Silwal says, “Traffickers prefer them because it is easier to tempt their parents.”NHRC Commisioner Mohna Ansari says it difficult to curb such crimes unless there is public awareness. “In our poverty-ridden society with rampant illiteracy and scarcity, parents think sending children to shelters will at least give them a good education. They are easily tempted by strangers who promise to take care of them.”Centre for Investigative Journalism-Nepal<h2>“I want to see my sons again”</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b75149c7e80680e0623cdjpeg.jpg" alt="" width="479" height="443"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b75169c7e80680e0623cejpeg.jpg" alt="" width="239" height="443">Ten years ago, two of Manju Khadka’s three sons, Ram Kumar, 8, and Bal Krishna, 6 (pictured, right) were taken to a children’s shelter by a neighbour who promised they would be educated and fed there. For three years, Khadka was repeatedly prevented from seeing them. Finally, she found out they had been adopted by a couple in Italy.“I gave birth to them. I did not send them as babies, they were grown up and going to school,” says a tearful Khadka (pictured, above). “They threatened to finish me off.”When she went to the police, they were rude and accused her of selling her children to the shelter. So Manju and her husband went to the National Human Rights Commission, but were unable to receive the help they needed to get their boys back. Ram Kumar and Bal Krishna are now 19 and 17 and living in Italy.<h2>How Naresh became Chanorang Kim</h2>Naresh Gharti, the youngest of his family, was born in east Rukum and was growing up in Pokhara. In 2018, South Korean tourist Nara Kim got to know the Gharti family and they agreed to let her adopt Naresh.Faced with strict rules about inter-country adoption, Nara Kim decided to take a short cut. According to the Central Investigation Bureau (CIB), Kim produced a document, certified by Pokhara Metropolitan City, showing that Naresh was her son. She got a fake birth certificate for Naresh from a hospital in Pokhara.The South Korean Embassy in Kathmandu provided Naresh with a Korean passport  (M 72504568) based on those documents. The passport changed Naresh’s name to Chanorang Kim. The last stop was to get a visa for Naresh at the Department of Immigration where officials got suspicious. Both Kim and Naresh were arrested at Kathmandu airport while trying to fly out in May 2019. Kim is in jail awaiting trial.

Nepal’s baby export

<img width="750" height="509" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a67429c7e80680e0599cbjpeg.jpg" alt=""/>I used to live with my father and stepmother, and never knew who my real mother was. Since my father was poor, I did not get to go to school. So I followed a relative to Kathmandu from Nuwakot, and started washing dishes at a restaurant in the city. After about a year, my aunt came to see me, and told me she would educate me back in the village. Happy, I followed her.Since I have motion sickness, my aunt gave me some medicines on the bus and I fell asleep. In the middle of a jungle, in a remote location with only a couple of small tea shops, I was woken up to eat. The next time I woke up, I found out I was in Delhi. I was 14 years old. My aunt had sold me for Rs10,000.Read also: <a href="https://archive.nepalitimes.com/article/nation/epicentre-trafficking-migration,3256" target="_blank" rel="noopener">Epicentre of trafficking</a>, Om Astha Rai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/girl-trafficking-in-nepal,1829" target="_blank" rel="noopener">Teach to fight trafficking</a>, Stéphane HuëtEarly the next morning, my aunt left me with a woman names Hema, and said she would come back in a month. When I tried to follow her, a Nepali woman called Laxmi Tamang beat me up. I was kept under lock and key, but one day when I got a severe headache they took me to a hospital where they put me on medication for two days and jabbed me with injections.That made me feel very hungry all the time, and I started eating a lot. For a month, they gave me whatever I wanted to eat. Later, I learnt that those medicines and injections were meant to spur my growth and make me appear more curvaceous and feminine.Hema then sent me to Brothel Number 511 at Kashmiri Building in New Delhi with Laxmi Tamang. There, a manager called Simran told me to go with a man. When I balked, Laxmi again beat me up. Eventually, they sent three customers to be with me on the very first day.After that I had to take up to seven men every night. Later, it sometimes went up to 25 clients a day. Sometimes I did not get to sleep all night. And if someone lingered too long, I was the one yelled at.After about two years, everyone from Kashmiri Building was transferred to Brothel 64 so that the girls would appear to be ‘new’ to a different set of customers. Thus, they took us from one brothel to  another for seven years.When I was in Brothel 64, I fell seriously ill. I had stomach ache and fever for days. But they gave me no medical attention, and did not take me to hospital. Every month when I menstruated, I bled a lot and it was very painful. But I did not get to rest. Often, I wished I was dead, or that someone would come and kill me.Once, a truck driver from Gorkha called Arjun came to me. Then he started coming every month. When I was sick, he would secretly bring me medicines. Since I was an old employee by then, I was allowed to use a mobile. I used to talk to him secretly. I begged him to take me away from there.Arjun asked me to elope with him, but it was not so easy with CCTV cameras everywhere. Sometimes us old employees were allowed to go out. One day, when I was sick, I called Arjun and he took me away. He cooked for me and got me medical treatment as well.One day, a friend named Puja came to see me and said she was going home to Surkhet. Last year, I joined her and came to Surkhet to celebrate Tij. Arjun had told me that after I returned from Surkhet, he would marry me and we would go to Nepal. On the way back from Surkhet, he came to receive me in Nepalganj.When the <a href="https://maitinepal.org/" target="_blank" rel="noopener">Maiti Nepal</a> people at Nepalgunj border asked me about myself, I could not lie. The police even brought Arjun over for questioning. They kept me at Maiti Nepal, but they let him go when they learnt the truth. I did not know where he went.When I was in India, I never thought I would come back home alive. But seven years later, I celebrated Dasain at home. I have begun taking informal classes called School for Life. But my mind does not grasp what I am reading. I keep getting stomach aches, my blood pressure is high. Images of the brothel and the terrifying experiences there flash in my mind, making me cry.I think of Arjun a lot. Maybe he would not have married me, but had he not rescued me I would still be in Brothel 64 in Delhi.  With help from Maiti Nepal I have now filed a case against the uncle and aunt who sold me. The police have arrested them. But now I am scared they will be set free. I hope they do not come out of jail to torment me again.  As told to Laxmi Basnet

Trafficked Nepali woman’s testimony

Four Nepalis who had been held hostage in the Southeast African nation of Malawi have been rescued by the Nepal Police Human Trafficking Bureau. They had hoped to go to the US, yet were rescued and returned to Kathmandu on Monday.All four had got in touch with an Indian agent a year ago, who had promised to take them to the US through Bolivia, which has visa on arrival at La Paz for Nepalis. Subjected to mental and physical torture in Malawi, they were freed in coordination with local police, and their families bought their flight tickets home.Those rescued informed police that there are five other Nepalis in Malawi, who have been unable to contact police. Two other Nepalis who were stranded in the country and did not have money for air tickets have also been rescued. Malawi police arrested Indian national Najir Ahmad, who had sheltered the human traffickers.Among those rescued, one is aged 36, and the others are below 26. The human trafficking ring had taken them to Malawi in a convoluted route through Vietnam, Ethiopia, Madagascar, Jordan, Dubai and Azerbaijan. After 20 days in a hotel in Vietnam, they stayed in Addis Ababa for 4 months. The victims spent a few weeks to a few months at every other location after that, and in Malawi were made hostage after the traffickers demanded more money. They offered to take them to India for INR300,000 and for INR700,000, to fly them to Bolivia.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181144/636a95db9c7e80680e05dc31jpeg.jpg" alt="" width="1000" height="693"/>“The Indian agent threatened and beat us up. Then local men came in, asked us for money, and beat us up,” one of the victims told police.The traffickers had taken their passports and other identification, and threatened to extract their kidneys and sell them if they did not pay more. Though they did not reveal the amount they had spent, police estimate that it could be more than Rs 1.5 million each. Those rescued were devastated to learn they had not reached Bolivia after spending so much money.After continuous harassment and beatings by traffickers, the Nepalis contacted their families, who informed police, triggering the rescue operation. Trafficking Bureau DSP Narahari Regmi became acquainted with a Malawi police officer when he was in the country on a UN peacekeeping mission, and used this informal channel to coordinate with police. Three Nepali women who had been taken to dance bars in Malawi were also rescued a few months ago.According to the bureau, there may be more than 100 Nepalis stranded in countries around the world, after being trafficked. Six Nepalis stranded in Indonesia for nearly six months were returned home this week.They told police that they paid Rs2.8-3 million each to traffickers. The police are in the process of rescuing eight others from Ethiopia, who have been there for seven months. Some of them still hope to make it to the US, while others are looking for ways to return to Nepal.Traffickers’ routesThe route to the US through India, Russia or Spain, Brazil, Bolivia, Peru, Colombia, Ecuador, Panama, Costa Rica, Nicaragua, Honduras, Guatemala or Mexico used to be popular with traffickers. They would try to lengthen the journey so that they could extort more money from victims.Now, other routes through the Latin American countries of Suriname, Guyana or Colombia are more frequently used. Bolivia is popular because it offers visa on arrival for Nepalis. From there, traffickers try to sneak people into Mexico. In fact, Interpol and US security have now placed Bolivia’s  immigration department on their watchlist.Janakraj Sapkota in Kantipur,13 November

US-bound Nepalis trafficked to Malawi

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e309c7e80680e04fca0jpeg.jpg" alt="" width="2274" height="1536"/>Human trafficking makes for dramatic stories of suffering, struggle and survival, which is why it is frequently the theme on stage and screen performances. But few, perhaps, with the grace and poignancy of The Flight, presented by Solis Performing Arts and One World Theatre at the Russian Cultural Centre 4-7 July.This immersive musical dance-drama directed by Alizé  Biannic portrays not just the victimisation of young women and their emotional journeys, but tells their story through contemporary European-style dance steps.The sheer physicality of the play makes the strongest impression, whether it is the women with the trembling knees, the exhibition of half-dressed, cowering women in front of leering men who, measuring each woman with their eyes and hands, menacingly circle them and haul them over their shoulders like sacks of potatoes.Read also: <a href="https://www.nepalitimes.com/review/all-the-world-is-a-stage-in-kathmandu/" target="_blank" rel="noopener">All the world is a stage</a>, Sewa BhattaraiWith minimal dialogue, every emotion -- terror, anger, guilt, hope -- is communicated  through body movements, which is fitting because the subject matter revolves around physical relationships. Every action sequence has been framed carefully for visual appeal even when the emotions depicted are negative.“I wanted every scene to look like a painting, because visual impact is very important in such a performance,” explained director Biannic, who trained the actors, most of whom Nepali non-dancers, in ballet-inspired moves so that they look almost as graceful as her.The play does not just take us through the physical journeys of the characters, but also their emotional, spiritual and psychological ones. It starts with a young man whose family is involved in the ‘flesh trade’, and he wonders if he should join in. His journey begins with confusion, then acceptance, then guilt and finally abandonment of this trafficking activity.Read also: <a href="https://www.nepalitimes.com/review/private-is-political/" target="_blank" rel="noopener">Private is political</a>, Sewa Bhattarai<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e349c7e80680e04fca1jpeg.jpg" alt="" width="640" height="843"><figcaption> </figcaption></figure>“I want to depict the phenomenon from many aspects, including the story of how young men are unwittingly trapped in this vicious circle. Violence breeds violence, and you cannot expect love out of someone who has never seen it. This creates a chain of negativity where young men reproduce the behaviour they have seen,” says Biannic who met with several trafficking victims before writing and directing this play.She wants to draw attention to continued trafficking of Nepali women to brothels in Nepal and abroad. The journey of the women is artfully invoked through symbols and visual metaphors. An eagle, a bird associated with power and spirituality, brings hope to the women. The women bathe, suggesting a spiritual cleansing even when their bodies have been defiled. The women look for an escape from their hell, their bodies writhing and contorting with agony. When they together overcome their pain, the choreography  turns fluid and lithe.Read also: <a href="https://archive.nepalitimes.com/article/nation/why-is-female-sexuality-still-a-taboo-in-Nepal,2908" target="_blank" rel="noopener">Taboo no more</a>, Ayesha ShakyaBiannic has blended classical Tchaikovsky and Stravinsky to create an intense background score that plunges and soars with the storyline. This and the ballet lends the production a strong European flavour, but the story and performance packs an emotional punch that is distinctly Nepali.The FlightDirected by Alizé BiannicRussian Cultural Center4-7 July, 1:30 PM &amp; 6:00 PM<h2>Biannic brings new edge to the Nepali stage</h2>With her flitting butterfly moves and gravity-defying leaps, Alizé Biannic is mesmerising on stage. The ballet-trained artist’s approach to dance may be European, but her animated conversation and emotionally charged approach to art certainly strikes a chord here in Nepal. The French national has been living here for the past six years, creating and acting in plays that have added a cosmopolitan flavour to Nepali theatre.Biannic started learning dance when she was 13 in Germany and Spain before working at The Royal Ballet in London. She developed her own style which merged acting and dancing because she thinks the combination works better. In 2013, she came to Nepal to take a year off, and has stayed here ever since.She met a child while working in a Kathmandu orphanage who is acting in her current production, The Flight. “I realised that I wanted to work with people who are clear and open minded because it made me realise that my life was missing something,” confesses Biannic. “I want my life to have meaning, which I found in Nepal.”<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e379c7e80680e04fca2jpeg.jpg" alt="" width="640" height="960">Biannic takes the same approach to her work, where she likes to imbue every frame with meaning. Her actors do not just stand in the background, their body positions and movements are minutely choreographed, conveying specific emotions relevant to the scenes. Each person or object has a well-defined role to play in every scene, and every frame looks like a painting.Biannic recently opened Solis Performing Arts, a school which teaches dance, acting and music. And when she is not teaching, she is acting or directing, and has since produced six plays and acted in others, including Arjuna’s Dilemma.“I want to make the best of available resources to create quality drama right here in Nepal,” says Biannic, while adjusting the props, lighting, music, and costumes during a dress rehearsal on Wednesday. “Proper attention to technical details really raises the quality of production, and that should not be neglected.”

Dance-drama takes trafficking head-on

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101136/636a23089c7e80680e0417c4jpeg.jpg" alt="" width="1133" height="720"/>Nepali restaurants in Finland have become so popular in the past 20 years that in many places they have started replacing Indian diners in Helsinki and other cities. It now looks like there was a dark side to this success: four Nepalis restauranteurs in Finland have been found guilty of human trafficking, discrimination and tax evasion.One of the Nepali migrant restaurant workers, Maila, was brought to Finland by an accused to work in Mount Sherpa restaurant in the town of Kuopio in Varkaus district court. Police started investigating the establishment after he filed a complaint, and found two more Nepalis were also underpaid.After the verdict, Maila has had to endure threatening messages from his former employers. “I was aware enough to know my rights, but most Nepalis who come here are not. I wanted to show fellow Nepalis that they have to be aware of the risks,” he says.There are a range of Nepalis in Finland from engineers and managers, teachers, as well as students who sometimes work on the side as cooks and waiters. Earnings are good, and Nepali restaurants have become popular in Finland with their modified menus that combine naan and curry combined with dal bhat and momos.But beneath the surface, there have been indications that all is not well. There was no problem if they worked in Finnish companies as the labour laws are clear and strict. But when workers are brought to Finland through personal connection, they have to accept the salary offered so they can pay back loans.  Few Nepali workers are not willing to talk for fear of losing even the jobs they have, but the Finnish press has reported on South Asian restaurants selling work visas, trafficking, and violating Finnish labour and tax laws.Last month, Finnish District Court Judge Minna Koskinen from North Sawo District Court found four Nepalis Basanta Adhikari, Purna Adhikari, Srijana Ghimire and Ava Pokhrel  guilty, fined them a total of € 227,199 and sentenced the main employer to prison for 1 year and eight months and another to six months. They also had to compensate Maila, Kancha and Saila with back pay.Maila has a masters degree in Business Management, but could not find a job so took cook training to work abroad. When a friend approached him to go as a cook to Finland where his brother owned a Nepali restaurant, he readily agreed to migrate.An agreement he signed with the owner set a full salary as per Finnish government rules, and working hours stipulated by local labour laws with weekends off. However, he was made to work round the clock with no weekends. The employer also opened two accounts in Maila’s name, one having salaries as per the contract to show the Finnish authorities. But he kept bank cards which he and his wife used for personal expenses. He deposited some money into Maila’s other account. Police used evidence from the two bank cards in their investigation, and presented it to the court.Maila says he learnt this was standard operating procedure in many Nepali restaurants in Finland. After a year-and-half, Maila filed a complaint, but first had to prepare to be ostracised by the Nepali community. He says he wanted to make his employers and other South Asians here accountable to their workers who were mostly not educated, not aware of their rights, or afraid to raise their voices against their employers.“As laws in Finland are very strict, we do not get involved in legal issues of Nepali workers here,” explains Basanta Gautam of the Non-resident Nepali (NRN) National Coordination Council of Finland, “however, we think there is a need of awareness to both employees and employers regarding employment rules and regulations in Finland.”As per Finnish law, since all five perpetrators admitted to their crimes and agreed to pay all financial obligations together with interest and taxes, they have been exempted from imprisonment, but will remain under probation.Another Nepali in Finland says many migrant workers have come to Finland on verbal agreement from a restaurant owner, but they are desperate to get a toe-hold in Europe. Employers think they are actually doing the workers a favour by bringing them over, and some restauranteurs say not all worker complaints are valid and they “play the victim card”.NRN CEO Hemant Dawadi says: “Safe Migration and respectable foreign employment concerns us, and we provide advice and counselling whenever approached.” He admitted that NRN had no figures for the number of Nepalis who work in establishments owned and managed by the diaspora. Although the organisation gets frequent complaints, Gautam says the NRN Associaton is not a policing authority.After the verdict, Maila has had to endure threatening messages from his former employers. “I was aware enough to know my rights, but most Nepalis who come here are not. I wanted to show fellow Nepalis that they have to be aware of the risks.”Some names have been changed.

Nepali restaurateurs fined in Finland

<figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171148/636937609c7e80680e03fe30jpeg.jpg" alt=""/><figcaption>Photo: OM ASTHA RAI</figcaption></figure>What is it about <a href="https://www.nepalitimes.com/editorial/the-lottery-of-migration/" target="_blank" rel="noopener">labour migration</a> that keeps drawing hundreds of thousands of people every year away from their homes and families despite the evident risks?<a href="http://panosa.org/" target="_blank" rel="noopener">Panos South Asia</a>’s new collection of reportage from the region, Uncertain Journeys: Labour Migration from South Asia seeks to answer this question through the eyes of 15 senior journalists who researched their stories in destination countries. Based on their interviews, they analyse various aspects of labour migration.Read also: <a href="https://www.nepalitimes.com/opinion/changing-the-headlines-on-migration/" target="_blank" rel="noopener">Changing the headlines on migration</a>, Upasana Khadka<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/labour-pain/" target="_blank" rel="noopener">Labour pain</a>, Om Astha RaiThe first chapter on Nepal is by <a href="https://archive.nepalitimes.com/article/nation/caught-in-the-middle/migration-agency-exploitation,4003" target="_blank" rel="noopener">Upasana Khadka</a>, who has reported widely on the issue of Nepali migrants in the Gulf and Malaysia <a href="https://www.nepalitimes.com/opinion/changing-the-headlines-on-migration/" target="_blank" rel="noopener">for this newspaper</a>. Khadka likens labour migration to a lottery, a culturally fatalistic view borne out of desperation to escape poverty back home. She narrates the stories of four individuals: Sharmila, Ramesh, Shama and Ram who are unlucky and are either caught, cheated, trafficked, or deported. Yet, even though they know the risks,  thousands of others take same route to seek their fortunes. <img width="200" height="174" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171148/636937639c7e80680e03fe31jpeg.jpg" alt="">‘Individuals are often aware of the common risks of migration … however, many continue to make risky decisions, not always because of lack of information, but despite it … it is possibility of being lucky that encourages so many to take risks,” she writes.Khadka also talks about the lack of bilateral agreements that have encouraged  avenues for illegal migration. Case in point is the <a href="https://www.nepalitimes.com/banner/homes-away-from-home/" target="_blank" rel="noopener">blanket ban on female domestic workers leaving Nepal</a>, despite which migrants continue to risk unauthorised channels to make it to their destination, setting in motion the chain of trafficking.Janak Raj Sapkota, author of the much-acclaimed book Kahar: Baideshi Rojgarile Bitholindo Samaj’ delves into human trafficking in Nepal under the guise of legal foreign employment, and the lack of laws that makes the connection between the two that has helped traffickers work behind the scenes.He argues that the political protection enjoyed by the remittance industry has aided this form of modern-day slavery to flourish, and until the ambiguities in legal structures are cleared and stronger policies are in place, Nepalis abroad will continue to be duped, or worse, abused and <a href="https://www.nepalitimes.com/banner/paying-an-arm-and-a-leg/" target="_blank" rel="noopener">maimed</a>. Read also:<a href="https://www.nepalitimes.com/banner/paying-an-arm-and-a-leg/" target="_blank" rel="noopener">Paying an arm and a leg</a>, Om Astha Rai<a href="https://nepalitimes.atavist.com/nepalis-killed-in-the-line-of-duty" target="_blank" rel="noopener">Killed in the line of Duty</a>, Om Astha Rai and Sonia AwaleUncertain Journeys: Labour Migration from South AsiaEdited by A.S. PanneerselvanSpeaking Tiger Publishing, New Delhi Price: INR 499<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171148/636937649c7e80680e03fe32jpeg.jpg" alt="" width="200" height="278">Filmmaker Kesang Tseten whose acclaimed 2008 documentary <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.imdb.com/title/tt1519643/" target="_blank" rel="noopener">In Search of the Riyal</a> about four young Nepalis on journeys to the Gulf first bought the stark realities behind the remittances, also has a chapter about filming in Qatar and how he had to sneak behind aircraft crew to capture conversations with migrants inside the planes.Eleven years later he revisits characters from the first film for a sequel. He found that Danvir Jogi is still in Qatar and making good money, Navin Rai returned to a broken marriage and left again for Dubai, Prem Bareilly is in Dharan working as a silversmith amidst stigma of being a Dalit and Bhojraj Darzi is now a successful pig farmer in Nepal. But none of these are representative tales, Tsenten stresses, pointing out that it is vital to understand and sympathise with Nepalis opting to go abroad.The chapters on other South Asian show that there are a lot of similarities between the tragic tales of Nepali workers and those from Pakistan, Sri Lanka, Bangladesh and India. The case of Zulfiqar Ali of Pakistan who was charged with drug trafficking and consequently spent 13 years in death row in Indonesia reminds one of <a href="https://archive.nepalitimes.com/article/nation/nepalis-from-chitwan-to-chidoya,4110" target="_blank" rel="noopener">conviction and incarceration of Govinda Mainali</a>, who was falsely accused of the murder and robbery of a Japanese woman in Tokyo in 1997.Read also: <a href="https://archive.nepalitimes.com/article/nation/nepalis-from-chitwan-to-chidoya,4110" target="_blank" rel="noopener">From Chitwan to Chiyoda</a>, Kunda DixitIn a chapter appropriately titled ‘A Return to Nothingness’, narration of an everyday scene at Indian airports, of the body bags being unloaded is not unlike <a href="https://nepalitimes.atavist.com/nepalis-killed-in-the-line-of-duty" target="_blank" rel="noopener">Nepali migrants returning home in coffins at Kathmandu airport</a>. The migration of Sri Lankan farmers to the Gulf because of droughts caused by climate change is similar to that of <a href="https://nepalitimes.atavist.com/recharging-the-mountains-" target="_blank" rel="noopener">outmigration of people from the mid-hills of Nepal</a>. Bangladeshis overcharged and cheated of jobs in Singapore echo the plight of most <a href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener">Nepali migrants in Malaysia</a>. Read also: <a href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener">Kleptocrats of Kathmandu and Kuala Lumpur</a>, Ramu Sapkota and Alyaa Alhadjri<a href="https://nepalitimes.atavist.com/home-they-bring-the-workers-dead" target="_blank" rel="noopener">Home they bring workers dead</a>, Upasana Khadka Amidst the poignant stories of loss, there are tiny rays of hope. Following the three decades of war in Sri Lanka, women were forced to leave as domestic workers and toil hard in the Gulf, but discovered themselves in the process as individuals with rights and freedom.  What ties all of these stories together are the shared stories of aspiration and shattered dreams. Meanwhile all South Asian nations rely on the same destinations resulting in completion with each other, allowing employers to get away with little pay and exploitation in turn.Each chapter is a raw portrayal of a migrant life, and the book gives significant understanding of the poverty and social injustice in South Asia.The book is being launched at the Nepal Literature Festival in Pokhara during the weekend. <h2>Riyal revisited </h2> <figure><img width="1400" height="1024" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171148/636937659c7e80680e03fe33jpeg.jpg" alt=""><figcaption> </figcaption></figure>“The tidal wave of migration that began 20 years ago continues…” That is how Kesang Tseten begins his documentary sequel to the 2008 film <a href="https://www.imdb.com/title/tt1519643/" target="_blank" rel="noopener">In Search of the Riyal</a>. He tries to locate migrant workers he had filmed a decade ago, to find out what has become of them.Were their dreams realised? Did the Nepali workers in Qatar and UAE find what they were looking for? Were the intervening years kind to them? In The Riyalists, acclaimed film-maker Tseten (pictured, above) spends the first five minutes setting the stage for the journey ahead. We get to revisit young Nepalis on scaffolds whom we first met in the previous award-winning documentary.Ten years ago Dhanvir Jogi, a lanky lad from Terathum left behind his three-month-old son and started training at an institute in Kathmandu. He was diligent and hopeful, but worried about falling sick in the hot desert. In In Search of the Riyal Prem Bareily who often faced the stigma of being a Dalit back home in Dharan, did not shy away from his fears: “They might be talking about killing me but I wouldn’t know… I won’t understand their language.” Bhoj Darzi was fully aware of the risk he was putting himself into. He had heard of Nepalis returning home in coffins. Yet he took a loan in the hope of trading his job as a tailor in Jhapa for a more financially secure position in the Gulf. Shy and awkard, Nabin Rai, has a sad story with a happy ending. Tseten narrates: “It was the image of Nabin in his crisp white shirt and his newly married wife sporting a blue umbrella that remained etched in my mind from the earlier film.” But after two years in Qatar, Nabin came back to find that his wife took off with another man and abandoned his twin daughters. Nabin remarried and left for Dubai. Today, he is a foreman at an offshore gas rig and earns a good salary. He gets to visit home every three months where he is building a new home for his family.Dhanvir, who is with the same construction company in Qatar, has managed to acquire some land, get his sisters married, send his son to school, but missed out on his upbringing. “I was thin and young when I came,” he says on camera, “I’ll go back old.”Prem left Doha because he was not paid on time and mistreated by employers, and now works as a silversmith but faces stiff competition. He proudly shows the best worker certificate he received in Qatar and often regrets his decision to return. “I make good enough living here but there is no saving for future,” he rues.In Bhoj, there is no trace of a young man who once explained with wonder how the food tray inside planes worked. He was deported from Dubai for going on strike, framed by fellow workers. He left for Qatar next but returned shortly afterwards when his wife fell sick. His mother and wife run a local garment factory and he recently overtook his dead brother’s profitable piggery. He believes Nepalis can make it at home if they work hard. The four men are just a few of the hundreds of thousands of Nepalis toiling abroad. Their lives are mostly fascinating, not tragic. But what draws audience to these individuals is Tseten’s simple but compelling storytelling, his poignant narration, flawless direction interwoven with clips from ten years ago. Viewers will be struck by his compassion for less fortunate compatriots.There are moments of laughter, of camaraderie, of loss and farewells. Through it all, Tsenten is with us, uncovering men’s lives, sharing their grief and intact hopes, bringing us an intimate portrayal of Nepali migrants away and at home. The day this documentary will be launched, another 1,500 young Nepali men and women will fly off, forsaking their fields and families for the hopes of a better future. This film will help us understand why they leave despite real risks, and the need to create opportunities at home. The Riyalists Directed by Kesang Tseten Sunyata Film Productions, 2018 61 minutesSonia Awale

Sonia Awale

Shared stories, shattered dreams of South Asian migrant workers

<img width="640" height="453" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171136/6369340f9c7e80680e03dfd4jpeg.jpg" alt=""/>Rameswor Bohara in Himal Khabarpatrika,28 October – 11 NovemberDhanusha’s Sunita Devi Yadav was alarmed one October night to discover that her seven month old son, Shobhan, was missing. The police were notified, and after a two-week long investigation, they found Shobhan being nursed by Leela Devi Shah in the adjoining district of Siraha.Leela Devi was desperate to have a son after delivering four daughters, and decided to “buy” a son from kidnappers. She and her accomplices are now in police custody. Nepal Police reported 77 cases of kidnappings across the country in the past year. Most cases were for ransom, and young children were prime targets.In all forms of heinous crimes, including rapes, sexual assault, human trafficking or murder, the number of child victims is disproportionately high in Nepal. The figures of rape are particularly staggering. Of the 1,480 rapes reported to police in the past year (30% up from the previous year) 64% of victims were below 18. Read also: <a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="https://www.nepalitimes.com/opinion/to-the-point/keeping-children-safe/" target="_blank" rel="noopener">Keeping children safe</a>, Sumana Shrestha<a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in rape in ten years</a>, Sewa BhattaraiNepal Police has started a Community-Police Cooperation program in all 77 districts since October, and spokesperson Uttam Subedi says it was because law enforcers were themselves shocked by the growing number of child victims.“We realised that the law alone was inadequate, and we need the help of communities, especially schools,” Subedi says. There were 876 missing children in the past three months, and 64% have not been traced. Missing children are often assumed to have been trafficked, or sold for their organs. Hemanta Malla Thakuri, who was previously the chief of the investigation unit CBI, says: “The majority of lost children are from poor families. Parents report once, but are not capable of consistently following up. That is why it is hard to find most children.”Read also: <a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, Editorial<a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">Justice for sale</a>, Tufan NeupaneCriminals often target children because of their vulnerability and since there is little resistance from them. It is easier to convince innocent children not just through fear, but also attracting them with gifts. After the crime, subduing their voice using threats is less challenging than for adults. Anthropologist Suresh Dhakal says children are more distanced from their families these days, and the education system also does not teach children to protect themselves in risky situations. Crimes against children are common in war-torn states, and where the social and state structures need to be rebuilt after conflict. Nepal’s own insurgency institutionalised impunity, which is directly reflected in the increased crime rates. The Nirmala Panta rape and murder case is a case study in the ineffectiveness of law enforcement.With poverty and extreme physical pressures, there have been instances of mothers killing their own children. Taplejung’s Kamala BK drowned her one-year old twin daughters in a toilet in July. Having eloped with a driver from Udayapur at a young age, she had left the house while pregnant.Read also:<a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="http://archive.nepalitimes.com/article/nation/fake-orphanage-exploit-children-in-nepal,1277" target="_blank" rel="noopener">Selling sympathy</a>, Bhrikuti Rai<a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="http://archive.nepalitimes.com/article/nation/children-of-maoist-conflict-in-nepal,1694" target="_blank" rel="noopener">Children of war</a>, Kunda DixitMorang’s Amahiki Kabita Yadav had lost her husband two years ago and had been living with Ramdev Jha, whom she introduced to neighbours as her husband. When the two had a fight, she hung her 10- and 5-year old sons and committed suicide herself. Her older son survive because of a loose noose. Children are also involved in crimes themselves. In July, a 13-year-old was found with prohibited drugs in Tanahun. In Rupandehi, a 14-year old boy lured a 7-year old girl into his room with chocolates and raped her. Police figures show that in the 2016/17 fiscal year, 7% of rape perpetrators were below 16.Says Subedi: “With children being victims as well as involved in crimes, it is important for the communities and schools to assist the police.”Read full report : <a href="http://himalkhabar.com/news/9552">Himal Khabar</a>Read also: <a style="letter-spacing: 0.01em; background-color: #ffffff; font-size: 15px;" href="http://archive.nepalitimes.com/article/nation/epicentre-trafficking-migration,3256" target="_blank" rel="noopener">Epicenter of trafficking</a>, Om Astha Rai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=16505#.W-09ZzgzbIU" target="_blank" rel="noopener">Safeguarding children in new Nepal</a>, Kul Chandra gautam

Children and Crime

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/636902d89c7e80680e037c8ajpeg.jpg" alt="" width="630" height="600"/>Janak Raj Sapkota in Kantipur, 31 July“For seven days we walked through dense forest without much food or water. We were on the verge of death,” recounts Moti Gurung of Ilam, who was among a group of Nepalis being taken by human traffickers to Greece via Turkey. Gurung says he lost contact with fellow-Nepali Nabin Tiwari during the trek, and he has been missing for seven months.“Our Pakistani agent allowed us one call and we spoke to Aashish Ghimire about Nabin’s condition but they didn’t do anything,” says Gurung, who last saw Tiwari while following a railway track as the trafficker put them on a train.A Kathmandu-based middleman named Aashish Ghimire had lured Gurung, Tiwari and one other Nepali with a promise to smuggle them into Europe via Turkey and Greece where they could make a better living. Each were charged up to Rs500,000 and then handed to a Pakistani national named Mohammad.Nepalis going to Turkey via India on tourist visas to find their way to Europe are being stranded and duped by human traffickers along the way. In some cases, individuals who pay anywhere from Rs1.1 to 1.5 million to enter Greece via Turkey have risked their lives. Gurung and his team were detained for 25 days for illegal entry before being deported back to Nepal.There have been 37 complaints against human traffickers, smuggling Nepalis to Greece at the Central Bureau of Investigation, who have been swindled of Rs25 million.“I spent 900,000 but didn’t make a penny,” says Tikaram Bhattari who left for Turkey via India with Tiwari but was unable to enter Greece.According to DSP Manohar Bhatta, a cross-border human trafficking racket is luring Nepalis, with dozens of agents promising to take them to Europe. So far six agents, one consultancy and two manpower agencies have been found to be involved. Of the 37 cases registered at the Bureau, 14 agents are linked with the scam but only 9 have been arrested so far.

human-trafficking