Conceptual clarity is an important element of a comprehensive and consistent response to trafficking.

The definition of trafficking varies considerably between law and policy documents in Nepal. While the government of Nepal has made considerable effort to specifically address the problem of trafficking, the definition of trafficking varies widely between current laws and policies. The anti-trafficking law (1986) provides protection against the explicit “buying and selling” of human beings for any purpose but does not cover recruitment by deception for the purposes of bonded labor unless it is for prostitution. The new reform bill proposed in 1999 by the Ministry of Women and Children’s Social Welfare (MOWCSW) includes bonded labor and enslavement within its definition of trafficking, in keeping with the United Nations definition. However, it goes on to include prostitution, sexual abuse, rape, kidnapping, and pornography as “trafficking,” even though each of these issues raises distinct and separate concerns and must be addressed by separate pieces of legislation.

Distinctions between trafficking of women versus trafficking of children are not made in policy and law documents. Nepal’s National Plan of Action Against Trafficking (1999) is largely derived from a consultative workshop with the International Labor Organization and the international Programme on the Elimination of Child Labor (ILO-IPEC). Not surprisingly, a large proportion of its recommendations focus on the trafficking of children. However, when the issues surrounding trafficking of women are not considered separately from those of children, the specific needs of neither group receive adequate attention.

The major issue differentiating the prevention and control of trafficking of women versus children is the role of consent. It is important that definitions of trafficking of women include the element of deception and/or coercion—the absence of informed consent. If not, merely assisting a woman to migrate voluntarily becomes a trafficking offense.

The links between trafficking and prostitution are over-emphasized at all levels.

Laws and policies in Nepal focus solely on trafficking for the purpose of prostitution. Although it is widely believed that most girls and women in Nepal are trafficked for prostitution, there are no reliable data on the proportion of girls trafficked for prostitution versus other outcomes of trafficking such as forced marriages, domestic labor, bonded labor in circuses, and so on.

Criminalization of prostitution to control trafficking denies redress to victims. The trafficking reform bill proposed by MOWCSW criminalizes prostitution. If it passes, it would effectively deny redress for women trafficked into prostitution. The proposed legislation uses the platform of trafficking to establish laws to “maintain the good conduct, morality and etiquette of the public.” Linking trafficking to a moral issue such as prostitution and labeling trafficked women as immoral undermines the intent of the bill: to prosecute traffickers and protect victims of trafficking.

Fear-based prevention messages link trafficking to prostitution and HIV. NGO prevention messages also often emphasize trafficking for the purpose of prostitution. Many of the IEC materials utilize gruesome descriptions of sex work and HIV infection. These messages use fear to prevent women from leaving their homes, rather than giving practical advice on decision-making in the difficult circumstances that they may want to escape. Some organizations also associate trafficking with contracting HIV without regard for the stigma that this may falsely create for those who migrate.

A rally in Jhapa against trafficking in May 2000. Photo credit: The Asia Foundation

Communities associate trafficking with prostitution and immorality. Among adolescent girls interviewed, 72 percent had heard of trafficking. More than 90 percent of girls said that trafficking involves prostitution and crossborder travel, and in focus group discussions, most community members defined it as selling girls into brothels in India. Respondents also reported that returned trafficked persons face a high degree of stigma and discrimination, often tied to their perceived involvement in prostitution and possible threat of HIV infection. Although communities recognize the role of social and economic hardships in vulnerability to trafficking, they also blame the “immoral” character of the trafficked girl herself. Girls who seek independence, want exposure to the world outside, and are tempted by the prospect of gaining material benefits are perceived as “bad” and more likely to be trafficked.

Efforts to prevent trafficking often limit women’s voluntary migration.

Controlling women’s migration is unlikely to prevent trafficking and compromises women’s rights to mobility and livelihood. A common approach to the control of trafficking in Nepal is the limitation of women’s migration. Although specific anti-trafficking laws and policies in Nepal are generally silent on migration, several recent laws and orders, such as the Foreign Employment Act, specifically limit the international migration of women. Stricter border controls will stop neither trafficking nor migration. Traffickers will merely devise increasingly innovative and underground ways of transporting women and girls across the border. Other South Asian neighbors such as Bangladesh have experimented with strict immigration control at the border and a passport system, yet the problem of trafficking is reportedly growing.

In the field study, community respondents reported mixed feelings about women’s migration, expressing reserved support when it takes place for “honorable” work that supplements family income—yet also concern about the potential negative consequences of exposure to new environments and experiences. Most of these experiences were believed to spoil the woman’s character and make her more likely to enter the sex trade. Migration was also perceived to increase the risk of being trafficked.

NGOs encourage girls to stay in their villages to prevent trafficking but a high proportion of adolescent girls want to migrate. Many NGOs encourage girls to stay in their villages to prevent trafficking, urging girls “not to be so modern, work hard, be patient and stay at home.” However, 40 percent of adolescent girls—especially those with higher levels of education—surveyed indicated that they do not want to permanently reside in their current villages. An even higher proportion (85 percent) expressed the desire to travel to urban areas. This suggests that trafficking prevention messages that encourage adolescent girls to stay in the village may not be relevant to their needs and aspirations. Since many girls are likely to travel and/or migrate at some time in the future it is essential to provide the information and skills necessary to navigate the outside world safely for gainful employment.

Interception strategies have not been tested for accuracy or effectiveness. Interception strategies for controlling trafficking include community surveillance and border-based rescue programs. Community surveillance is a feature of most community-based interventions and allows communities to take substantive action. Several NGOs report that surveillance is effective, citing numerous examples where groups intercepted brokers accompanying girls or where they could report that no girls left or were missing from a community.

One NGO actively attempts to intercept girls and women at border points between Nepal and India in collaboration with the police. Trafficking is suspected in cases where the suspected victim gives hesitant or conflicting answers to questioning. At present, no data are available on the accuracy of this method for identifying trafficked persons or the proportion of intercepted women who are trafficked again later. If the strategy labels voluntary migrants as victims of trafficking, women’s right to travel or migrate in search of livelihood may be inadvertently compromised. Indeed, there have been reports of women and girls who have been prevented from crossing the border of Nepal despite their vehement protestations that they are traveling of their own free will.