Visit visa trafficking cases on rise

“How much did you pay the agent?” asked the officer. The woman hesitated for a moment, and said, “Not even a single rupee.” Unconvinced, the officer asserted, “There is no reason to lie.” She stood her ground, “I’m not lying.” she replied. “I was told that I wouldn’t have to pay anything. A distant relative had arranged a visa for me. I didn’t even pay for the air ticket, nor for my stay in Kathmandu.” 

This is the conversation between Superintendent of Police (SP) Milan KC from Kathmandu Valley Crime Investigation Office and a woman from Rupandehi, who had been caught trying to fly to Dubai using fake documents.  

A small group of women are waiting outside the office, with nervous looks on their faces. They are under investigation for trying to fly out of the country with forged documents. One of them is a 27-year-old woman from Dhading. She was caught with fake documents at the airport. Her plan was to go to Dubai on a visit visa and from there fly to Malta. Her academic certificate and police report were forged. 

Back in October, it was revealed that a woman who had been trafficked to Oman via Dubai had been raped by her agent Navin Rai. Rai had taken her to Muscat with a forged labor permit. The woman is currently under the care of the Nepali Embassy in Oman. Rai has been detained by the Omani police. 

Following the incident, the Immigration Office at the Tribhuvan International Airport has launched an internal investigation. Gogan Bahadur Hamal, the chief immigration officer, said the employee responsible for stamping on fake documents is being investigated.

According to the Kathmandu Valley Crime Investigation Office, it has received a total of 1,200 passports between Oct 6 and Dec 1 in connection to a forgery case. SP Rabindra Regmi, spokesperson for the office, said Nepal Police has arrested 22 agents who were involved in creating fake documents and enticing people to go abroad.  

In recent times, the government has intensified crackdowns on those intending to go abroad on visit visas. It has been revealed that around 80 percent of the total applicants applying for a visit visa to Dubai are individuals intending to go to destinations such as Oman, Kuwait, Qatar, Malta, and Saudi Arabia for employment.

SP Regmi said many women are becoming victims of human trafficking by trying to go abroad for employment by using visit visas. 

“There is a big network of agents involved in forging educational certificates and bank statements. The women usually pay their agent up to AED 2,000 AED or nearly Rs 72,000.” 

Police investigation has found that many Nepali women who have gone to various countries, particularly in the Gulf states, using visit visas are facing various problems, such as labor exploitation, abuse and nonpayment of salary.Majority of these women are aged 20 to 35. 

“Agents lure Nepali women with various excuses to send them to various Gulf countries for free. They entice women who are less educated, single, and from lower-income groups, promising them higher income," said SP KC.

Exploitation of these women start at home, with the agent charging them exorbitant amounts of money under various pretexts. 

Deputy Superintendent of Police Govinda Panthi said some women have paid up to Rs 300,000 to their agents just so they can fly to Dubai on visit visas. “These women are being charged huge amounts of money in the name of visa processing, medical check-ups, accommodation, and food. The sad thing is that they are willing to pay the amount.”

While authorities have intensified surveillance at the airport to prevent innocent women from being trafficked in the name of overseas employment, it has neither deterred the agents nor the women who are willing to risk it all to fly abroad for employment. 

Since October, around 1200 women intending to go abroad on visit visas have been stopped at the airport. Many of them were found with forged paperworks.   

Prem Prasad Dahal, spokesperson for the Immigration Department, said even though the Nepal government has imposed restrictions on Nepali women going to Gulf countries for domestic work, many women are still going there through illegal means.

“Of course, the government is actively involved in protecting Nepali women from being trafficked to Gulf countries and ensuring their safety, but there are many challenges in preventing everyone from being trafficked.”

Customs’ holes a boon for smugglers

The first responders at border points like international airports or land borders are customs officers. However, it appears that those tasked with being our first line of defense haven’t fully grasped the motivations behind gold smuggling. It’s crucial for these officers to comprehend the mechanics of smuggling before addressing it, and this gap in understanding is significant.

Furthermore, suspicions have arisen regarding the involvement of customs officers themselves in certain gold smuggling cases. This raises questions about their integrity and contributes to the escalation of smuggling activities. Our customs system is largely manual and lags in technological advancements. When these human resources go corrupt, it becomes easier for smugglers to operate. Additionally, the Immigration and Customs Departments have not adequately developed profiles of smugglers, making it easier for them to go undetected.

These factors serve as strong motivations for smugglers, showing that stringent laws alone are insufficient in curbing smuggling.

The author is a former DIG of Nepal Police

The interconnection of human rights and disability rights

As the world commemorates the 75th anniversary of the Universal Declaration of Human Rights (UDHR) on 10 Dec, the theme ‘Dignity, Freedom, and Justice for All’ resonates more powerfully than ever. This occasion provides a moment to reflect on the progress made in upholding human rights globally and to emphasize the interconnectedness of human rights with disability rights.

The nexus between UDHR and disability rights

The cornerstone of the UDHR, Article 2, proclaims the right to freedom from discrimination. It boldly asserts that everyone is entitled to all the rights and freedoms set forth in the declaration without any distinction based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. This universal principle is a crucial foundation for recognizing the inherent dignity of all individuals and ensuring their equal treatment. The emphasis on non-discrimination is not only a moral imperative but also a legal commitment that nations around the world have pledged to uphold.

Similarly, the Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations in 2006, reinforces and extends the principles laid out in the UDHR. The preamble of the CRPD explicitly acknowledges the principles set forth in the UDHR and the International Covenants on Human Rights, highlighting the commitment to ensuring the full enjoyment of human rights without any form of discrimination. Article 1 of the CRPD articulates the purpose of the convention: to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities. It underscores the importance of respecting the inherent dignity of individuals with disabilities, aligning seamlessly with the core principles of the UDHR.

The interconnectedness of human and disability rights

The inseparable link between human and disability rights is a vital thread in the worldwide push for inclusive societies. It resonates powerfully in the proactive execution of inclusive policies, the creation of accessible infrastructure, and the nurturing of supportive environments. Across the globe, governments, organizations, and communities are not only acknowledging but vigorously embracing their legal duty within the international human rights framework to protect the rights of individuals with disabilities. This recognition goes beyond mere morality—it symbolizes an escalating dedication to guaranteeing the complete engagement of every individual in societal activities.

Inclusive policies play a pivotal role in embodying intersectionality, addressing not only overarching human rights issues but also the unique challenges faced by individuals with disabilities. These policies span various sectors, including education, employment, healthcare, and social services, aiming to prevent the inadvertent oversight or marginalization of the rights of persons with disabilities within broader frameworks.

The realization of intersectionality extends beyond policies to tangible changes in infrastructure design and implementation. Accessible infrastructure encompasses physical structures, digital spaces, transportation systems, and communication channels. The goal is to dismantle barriers hindering the participation of individuals with disabilities in societal activities, integrating inclusivity into the very essence of infrastructure development.

Supportive environments go beyond accommodation, actively addressing the diverse needs of individuals with disabilities in physical, social, and cultural contexts. Inclusive mindsets and the dismantling of stigmas contribute to environments where everyone can thrive, irrespective of abilities or limitations.

The global recognition of the interconnectedness between human and disability rights emphasizes the shared responsibility on the international stage. Governments, international organizations, and grassroots movements collaborate and exchange best practices to create a more inclusive global landscape.

However, in Nepal, practical gaps persist in realizing disability rights as human rights. The dominance of the social welfare model positions individuals with disabilities as passive recipients rather than active rights-holders, necessitating a paradigm shift toward empowerment. Despite inclusive policies, challenges in implementing inclusive education, unequal access to healthcare services, barriers in employment opportunities, and limited accessibility in rural areas highlight the gap between policy intentions and on-the-ground realities. Bridging these practical gaps requires a concerted effort to ensure that the rights of individuals with disabilities are not only recognized on paper but also fully realized in daily life.

Quoting the words of Eleanor Roosevelt, one of the architects of the Universal Declaration of Human Rights, “Where, after all, do universal human rights begin? In small places, close to home.” As we celebrate 75 years of progress on International Human Rights Day, it is imperative to recognize that the interconnection of human rights and disability rights is not an abstract concept but a lived reality. The principles embedded in Article 2 of the UDHR form the bedrock of a just society, emphasizing freedom from discrimination for all. The subsequent evolution of these ideals through the Convention on the Rights of Persons with Disabilities demonstrates a profound commitment to inclusivity. Inclusive policies, accessible infrastructure, and supportive environments are not just strategies; they are the embodiment of a collective resolve to ensure that dignity, freedom, and justice are not mere aspirations but tangible realities for every individual, regardless of ability.

The journey towards a truly inclusive world is ongoing, but as we reflect on 75 years of progress, let us renew our commitment to the universal values that bind us together. The interconnectedness of human and disability rights is a testament to our shared humanity, and it is only by upholding these principles that we can truly celebrate the triumphs of the past and pave the way for a future where every person, irrespective of ability, can thrive with dignity, freedom, and justice.

The author writer, researcher and disability rights activist

Frozen in limbo: Bureaucratic delays leave quake victims shelterless

The family of Birkha Bahadur Karki from Bheri Municipality-2, Jajarkot, is trying to piece their lives back together after their world crumbled in the earthquake on the night of Nov 3. It has been over a month since the disaster, and yet the Karki family is living under a makeshift shelter made from tarpaulin sheets. The government promised assistance hasn’t found its way to them.
 

Karki says he has done everything the local government has asked him to get the funds so that he can build a shelter for his family, but to no avail. “I have already filled up the beneficiary form and opened a bank account. I don’t know what is causing the delay,” he says. “It’s cold, and the nights are long. I don’t know how long we are going to live in this state.”

Kiran Bhandari’s family faces a similar struggle. Their house now lies in ruins. The tarpaulin tent they call home hardly shields them from the biting cold. “We filled out the forms, hoping for some relief, but it seems like the funds we are supposed to get have been caught in the bureaucratic maze,” he says. His family, like many others, hasn't seen a rupee of the promised assistance. 

“We just want a place where our children can feel safe. We will be alright if only the government provided us with a proper shelter to live in. We don’t need monetary assistance.”

The fate of Karki and Bhadari are shared by tens of thousands of quake displaced people in Jajarkot and the neighboring district of Rukum West. As winter tightens its grip, the tarpaulin shacks that were supposed to be temporary are becoming more unbearable. 

The government claims to have simplified the process of providing assistance, but the earthquake victims argue that the bureaucratic hurdles, such as the requirement to open a bank account and fill up several forms, have caused delays. 

Even though the government has announced to distribute cash handouts to those families who do not have bank accounts, the local governments have been insisting that every earthquake-affected families open bank accounts.
 

The process of opening bank accounts has been cumbersome, especially for those who do not have citizenship documents or have migrated from other districts.

Hari Bahadur Basnet of Bheri Municipality-3 highlights the difficulties faced by those who have moved from outside the district.

“Banks are demanding police issued documents stating that our houses and properties were destroyed by the earthquake, but we haven’t got any such documents. Many of us don’t even have citizenship,” says Basnet.

The procedural framework has been criticized as unjust by earthquake victims, hindering many from receiving the promised assistance. A month after the earthquake, details about damage and temporary shelters are still unavailable, attributing negligence and lack of coordination to the government.

The requirement for the quake displaced families to fill out a self-declaration form stating that they do not own homes elsewhere, and tasks such as opening a bank account have kept  many beneficiaries from receiving the government promised assistance. Many local governments have withdrawn the funds, but the distribution process has been held up in the name of completing the paperworks and bank account requirements.

The delay has left quake victims vulnerable to the harsh conditions, with health issues affecting vulnerable groups. Dr. Pratiksha Bharati, chief of District Health Service Office, Jajarkot, reveals the pressing health concerns.

"Nearly a thousand people are in need of medical attention. Health issues such as respiratory infections, pneumonia, fever, cold, and diarrhea are common among the earthquake victims," says Bharati.

She says senior citizens, children, people with chronic health conditions and pregnant women have been affected the most. 

The government has pledged to provide Rs 50,000 each to the quake displaced families in two installments. That was nearly three weeks ago, and yet many families in Jajarkot have not even received the first installment of the promised sum. 

The local government of Shivapuri Rural Municipality has received more than Rs 82m from the central government, but the local earthquake victims are yet to receive the money. Chhedagad and Barekot municipalities have also not been able to provide assistance to the beneficiaries. 

Another municipality, Nalgad, has not even requested for funds so far, as the authorities have not yet identified the total number of earthquake victims. Like Nalgad, there are several other municipalities in Jajarkot that are still assessing the damage and recording the number of earthquake victims.

Bir Bahadur Giri, chairman of Barekot Rural Municipality, says the delay in collecting beneficiary details has hindered the distribution of funds. 

“The delay has been caused due to incomplete submission of self-declaration forms,” he says.

Despite the government's plan to provide temporary housing to all earthquake-affected families by the Nepali month of Mangsir, the successful implementation of the program is yet to be seen. 

Chief District Officer Suresh Sunar says his office has been repeatedly urging the local municipal offices to expedite the fund distribution process, but to no avail.

“They say delay in form submission, lack of documentation and dispute among locals have hindered the fund distribution process,” says Sunar.