Modern Slavery in Nepal

By Kaiyi Pan

Issue and Background

Modern slavery, as defined by the International Labour Organization, comes in two main elements: forced labor and forced marriage. Both terms refer to situations where individuals are subject to exploitation and are impotent to refuse or escape due to factors such as “threats, violence, coercion, deception or abuse of power”. According to the Walk Free Foundation, an international human rights organization fighting modern slavery, the practice is especially prominent and prevalent in Asia and the Pacific, which accounts for “56 per cent of the world’s population” (Baumann & Dharel, 2014). In 2023, statistics from the Global Slavery Index unveiled that the population living in modern slavery has increased since 2018 to 50 million as a result of growing conflicts, environmental concerns, climate-induced migration, a global regression in women’s rights, and the socio-economic repercussions of the COVID-19 pandemic (Walk Free Foundation, 2023). This report urges governments worldwide to promptly undertake crucial actions for combating global slavery in five major steps, including a stronger implementation of measures to combat forced labor in supply chains, and an embedment of anti-slavery measures in crisis responses and green economy initiatives (Baumann & Dharel, 2014). However, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) suggests that, instead of responding to this escalating crisis, "government action has stagnated, particularly among those with traditionally stronger responses"  (OCHA) (Walk Free Foundation, 2023).

Modern slavery is particularly severe in Nepal, with Nepalese traffickers operating both at home and abroad, mainly as a result of financial difficulties and poverty within the country (Free The Slaves, 2023). To escape financial issues in Nepal, hundreds of thousands of Nepalese have migrated to work in Malaysia, Singapore, and wealthy countries near the Persian Gulf (Marshall, 23). Their remittances make up a quarter of the country’s national income. However, these countries are also hotspots for slavery, and many migrants are forced into human trafficking (Marshall, 23). 

Nepal has introduced laws against modern slavery, but their overlapping goals, lack of accountability measures, weak investigations, corrupt officials, and many other issues have rendered these efforts largely ineffective.

Current Situation in Nepal

Several stakeholders, including the government of Nepal and several NGOs, have played an important role in attempting to alleviate issues of modern slavery in Nepal. While the limitations of those laws and enforcements are non-negligible, it is still worth acknowledging and understanding how government entities worked together to make progress in alleviating this issue. 

Government entities

The law Nepal uses to indict cases relevant to modern slavery is the 2007 Human Trafficking and Transportation (Control) Act (HTTCA), and its provisions were implemented by the enactment of the 2008 Regulation (UN Women, 2023). The HTTCA “criminalizes slavery, bonded labor, the buying and selling of a person, but also prostitution.” (Baumann & Dharel, 2014). However, while the Act targets labor and sex trafficking, it has a greater focus on sex trafficking and fails to sufficiently address labor-side issues, including improperly addressing “repatriation and assistance to foreign nationals trafficked into Nepal.”(ibid). For instance, according to The Nepal National Human Rights Commission, all of the 118 trafficking cases reported in 2011 were related to sex exploitation, demonstrating the limited effectiveness of the act as it is most often only utilized to prosecute international sex trafficking cases (ibid). 

The government of Nepal also passed laws such as the Foreign Employment Act (FEA) in 2007, Bonded Labor Act in 2001, and several other laws which seek to prevent the exploitation of foreign Nepali workers and eliminate child labor (ibid). Nonetheless, “many agencies do not comply with any of these requirements” of the FEA, and committees responsible for the functioning of the Bonded Labour Act are not operating, despite child marriages and illegal marriages still being prominent in the nation (ibid)

It is seen that in the early 2000s, Nepal’s policies on human trafficking were weak and extremely inadequate. However, since the publication of the Global Slavery Index in 2018, the country has invested further efforts to combat modern slavery. 

An example of such endeavors is the endorsement of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and Children in 2020 (UNTC, 2023). This protocol calls on State Parties to reduce the vulnerability of people, especially women and children, to exploitation and trafficking, by implementing or strengthening their laws and legislative measures in areas such as education and healthcare (General Assembly resolution, 2000). 

Nepal was also one of the only two countries which both assessed its efforts in addressing modern slavery and also established independent entities, such as Nepal’s Office of the Special Rapporteur on Trafficking in Persons, to monitor the government’s response to modern slavery and provide recommendations (Walk Free Foundation, 2023). 

Non-Governmental Organizations (NGOs)

NGOs have also made an effort in promoting certain regulations and legislations on modern slavery. Their efforts have focused on raising awareness both locally and internationally, and on advocating for stronger legislation. 

Free The Slaves, a global NGO dedicated to combating modern slavery, initiated a Nepal project (2006-2018) that endorsed several community-based approaches to fight against slavery in Nepal (Free The Slaves, 2023). This included awareness raising of trafficking and slavery risks through empowerment and education, the escapement from and prevention of sex slavery through supporting females in the “entertainment” industry, the advocacy for tougher law enforcement, and the enlistment of international organizations to help prevent community migrants from being enslaved (ibid). However, apart from a single update in 2015 about the successful collection of a $50,000 fund for the Nepal project, no further reports have been made about its progress. Hence, it is difficult to know whether those approaches have been effective or not, or ever even implemented in the first place.

Moreover, Anti-Slavery International, another NGO, has embarked on a collaborative project with the Nepal National Dalit Social Welfare Organisation (NNDSWO), to monitor the government’s implementation of the rehabilitation scheme. This is to ensure swift, effective, and responsive implementation of the scheme that addresses the needs of the Haliya community, which are affected by bonded labor. Notwithstanding, as estimated by Anti-slavery, the rehabilitation program only reached less than 5% of the Haliya families in need. This is because most Haliya people lack education and awareness of their rights. Even if some are informed about the rehabilitation package, they may not have the necessary skills, such as reading and writing, to complete the application forms and participate in the rehabilitation process. Devoid of support, those families might hence find themselves falling back into slavery or exploitative situations (Anti-Slavery International, n.d.).

Between 2016 and 2018, the number of people in Nepal living in modern-day slavery dropped by approximately 25%, with Nepal’s Global Slavery Index ranking falling from 13th to the 55th out of 167 countries (Walk Free Foundation, 2023). This significant improvement is a reflection of the efforts of the government of Nepal, along with the work of numerous NGOs, via numerous law establishments and actions.

Recommendation

The progress made in alleviating modern slavery is immense. On the one hand, it is important for the Nepali government to continue revising, refining, and improving their current policies and legislations, which will help set them up as a role model for other countries trying to bring modern slavery to an end.

Furthermore, as stated in “Issues & Background”, Nepalese workers mainly migrate because of local poverty – one of the root causes of modern slavery. Therefore, slavery in Nepal and enslaved overseas Nepalese workers also need to be addressed through its local government’s attempt to eradicate poverty. 

On the other hand, NGOs like Anti-Slavery International should also consider being more transparent about their use of funds and the progress of their projects. This is to ensure that those in plight are truly being supported and that slavery in Nepal is being combated with maximum effort.

References

Anti-Slavery International. (n.d.). Ballabh, Nepal. Anti-Slavery International. Retrieved August 4, 2023, from https://www.antislavery.org/impact/stories/past-stories/ballabh/

Anti-Slavery International. (n.d.). Nepal: tackling bonded labour. Anti-Slavery International. Retrieved August 4, 2023, from https://www.antislavery.org/what-we-do/nepal-bonded-labour/

Baumann, G., & Dharel, M. (2014). MODERN SLAVERY IN NEPAL: Understanding the problem and existing responses. Walk Free. Retrieved August 4, 2023, from https://cdn.walkfree.org/content/uploads/2020/10/06152905/Modern-Slavery-in-Nepal-Understanding-the-problem-and-existing-responses.pdf

Free The Slaves. (2023). Nepal. Free The Slaves. Retrieved August 4, 2023, from https://freetheslaves.net/our-work/where-we-work/nepal/

General Assembly resolution. (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. OHCHR. Retrieved August 4, 2023, from https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-prevent-suppress-and-punish-trafficking-persons

Marshall, A. (23, March 2023). Nepal: 'Exploited migrants must be heard'. DW Akademie. Retrieved August 4, 2023, from https://akademie.dw.com/en/nepal-some-migrants-find-themselves-trapped-in-modern-slavery-their-stories-must-be-told/a-65065794

UNTC. (2023). United Nations Treaty Collection. Retrieved August 4, 2023, from https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18#4

UN Women. (2023). Human Trafficking (Control) Regulation. Global Database on Violence Against Women. Retrieved August 4, 2023, from https://evaw-global-database.unwomen.org/en/countries/asia/nepal/2008/human-trafficking-control-regulation-2008

Walk Free Foundation. (2023). Asia and the Pacific. Walk Free. Retrieved August 4, 2023, from https://www.walkfree.org/global-slavery-index/findings/regional-findings/asia-and-the-pacific/

Walk Free Foundation. (2023). Global Slavery Index. Walk Free. Retrieved August 4, 2023, from https://www.walkfree.org/global-slavery-index/