National 4 (Spotlight Weekly)

“We Strongly Pursue Legal Cases Of The Victims”

— Anuradha Koirala

Anuradha Koirala is the well-known figure in Nepal and abroad. She founded Maiti Nepal – the NGO which has been untiringly launching crusade against girl trafficking. She spoke to SANJAYA DHAKAL on the manner Maiti Nepal is dealing with the legal struggle to get the justice for the victims. An experienced activist and former minister Koirala said that she is satisfied with the reforms in the judicial system vis-à-vis the provisions regarding anti-trafficking. She also spoke about new challenges and issues in the fight against girl trafficking. Excerpts:

How many cases has Maiti Nepal filed against the perpetrators of girl trafficking?

We have filed over 200 cases since we began dealing with this issue. We actively pursue legal recourse so as the victims will receive justice. We have a separate legal section at Maiti Nepal to look into this aspect.

The government information shows that over 5000 Nepalese girls are trafficked across the border every year, don’t you think the number of those seeking justice is very low?

First of all, we are not convinced about this figure at all. Even 28 years ago we used to hear that 5000 Nepalese girls are sold every year. So many NGOs, INGOs and donors are actively working in this field. But this same figure is being repeated. I think these INGOs and donors are competing with each other whereas the real problem lies unresolved. I think that it would have been better if there had been job distribution among these agencies. If only certain agencies were allowed to calculate the data, we could have come up with actual figures. Take for instance, there are 26 official transit points between India and Nepal whereas the number of unofficial ones are quite high. We, ourselves, are active in 14 of them from where everyday we are intercepting 4 to 5 girls (who are en route to be trafficked). So it is anybody’s guess how many girls are being trafficked through the unofficial points. Recently, the International Labor Organization (ILO) had conducted a rapid assessment, which shows that 12,000 girls are being trafficked every year. Compared with this figure, definitely those seeking justice are very few. Besides, those working in this sector should be more supportive in helping these victims get justice. Only then more victims will be encouraged to seek justice.

What is the success rate of the legal cases that Maiti Nepal has pursued in favor of the victims?

As far as we are concerned, we have been almost hundred percent successful. And this is because we have a strong legal team. At present, there are five in-house lawyers of Maiti Nepal who studiously pursue the cases of the victim. We support the victims throughout the case period and provide them with shelter and so on. We guarantee them safety even after the case is closed. Because we work in close cooperation with the victims, we do not have to face defeat. In many such cases that are handled outside, there are possibilities of victims turning hostile midway through the court proceedings. The victims are put under pressures of different kinds from different quarters. There is no proper victim protection system.

You have been active in the prevention, interception as well as generating awareness against trafficking. You also advocated for reforms in the legal system. How do you find the system now?

It must be due to the reformed laws that we are having such success as far as our cases in the courts are concerned. We are relatively satisfied over the results of the legal cases that we have filed. Basically, it is also because of hard work and dedication with which our legal team carries out their duties that we could be so successful. Even as we hear that similar victims are not having such favorable court decisions outside, we, at Maiti Nepal, are spared that suffering. Naturally, there are still rooms for improvement. The attitude of many people including the police personnel and lawyers still needs to be changed. Whenever a victim of trafficking approaches them, they are made to suffer more as crude comments are passed about them. The human rights of the victims should be better respected. For instance, if a victim wants to file a complaint at the police station, she is made to answer suggestive questions because many of the police officers do not act in a manner that is proper. Same thing happens when she goes to a lawyer’s office. These things cannot change by making legal reforms alone. More awareness and sensitization is required.

How do you find the trend in the trafficking at present?

I look at this from two viewpoints. One is that the perpetrators of the trafficking are still using their traditional methods like trapping girls into their false love and/or luring them with the promise of good jobs. But lately, we have seen a dramatic new dimensions to this human trafficking trade. In the name of migration, girls are being trafficked. There are some NGOs and donor agencies who are advocating the cause of migration claiming that girls should be allowed the right to migrate. They have even criticized the Maiti Nepal’s efforts to intercept girls at the border points. We have come across many incidents where girls of 14 to 15 years of age are being given citizenship certificates and passports so that they can travel to Gulf countries. The promise of working in Gulf countries has attracted a lot of girls. But these girls are doubly victimized; first they have to pay hefty amount to the brokers who promise them such jobs and then they are taken to India ostensibly en route to Gulf countries. There is a bus that plies from Boudhha to Delhi. Man girls travel in that bus. These girls are only given a mobile phone number and are instructed to call at that number once they reach Delhi. Nobody takes any responsibility of these girls who travel alone to an unknown country – not even the UN agency that is advocating the right to migration. We have proofs that many such girls are being sold in India itself. There are cases where citizenship and passports of these girls have been issued from different districts. There is a nexus involved in this whole affair. So until and unless government does something to check this practice, the trafficking of Nepalese girls will continue unabated.

How many girls are currently staying at the shelter home of Maiti Nepal?

There are over 200 girls in our shelter home in Kathmandu alone. If you count those staying at our shelter homes in Jhapa and other different places, the number exceeds 675. Among them 75 girls and 15 children have HIV/AIDS.