Amrita Poudyal: High time to recognize ‘orphanage trafficking’

Many children have fallen victims to trafficking in orphanages. But Nepal government doesn’t recognize the term ‘orphanage trafficking’, despite being the 176th country to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons or the Palermo Protocol that considers the current situation of child care homes (CCH) in Nepal as orphanage trafficking. Anushka Nepal from ApEx caught up with Amrita Poudyal, head of programs (South Asia), ECPAT Luxembourg, an INGO working for child protection. Child Care Homes (CCH) should be the last resort for children to live in. But still, many CCHs, in the past, have sheltered children who have parents or guardians to look after them. It’s orphanage trafficking. Is that still prevalent? The problem with orphanage trafficking is that the Nepal government has not yet recognized the term ‘orphanage trafficking’. Obviously, there are many children still being kept at CCHs despite having parents or guardians to look after them. But orphanage trafficking has not been defined in any of the acts, and the Human Trafficking Act has not been revised. So, if you ask me if orphanage trafficking is prevalent, it is. Still children are being sheltered in orphanages despite having parents or guardians. Internationally, that is recognized as orphanage trafficking. But the Nepal government doesn’t, so the answer becomes a bit more complicated.

Has this situation gotten any better with the passing years?  

I think it has. Looking at the past data, orphanages running in Nepal have decreased from 489 to 417. That’s because the National Child Rights Council (NCRC) has come up with a certain guideline that every CCH must follow. Also, they are required to register within the NCRC, which won’t happen if needed criterias are not met. Secondly, several municipalities have held training sessions for the ones who run orphanages on how a CCH should work. There were a few who handed over the children from their shelter to the municipality when they realized they could not meet the needed standard for running an orphanage. So that shows that things are falling into the system. And the orphanages are constantly monitored. If the criterias aren’t met, either they are given a timeframe to meet the criteria or are requested to shut down. What are the obstacles you face in tackling these issues? The problem is that, when it comes to the guidelines, it only says what needs to be done, but does not mention what happens to the involved party when the criteria mentioned in the guideline is not met. So it’s not obligatory. It looks more like a recommendation. And the other problem, again, is the government not recognizing the term ‘orphanage trafficking’. Are there ways for the government to ensure if CCHs are following needed regulations to create safe space for children? If so, are they doing a good job?  Nepal became the 176th country to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, commonly known as Palermo Protocol in 2020. Since Nepal has made the ratification, this protocol stands above the domestic laws, and the country should be amending their domestic laws to align with this protocol. Doing so would be one way to ensure safe space for children in Nepal, when it comes to their involvement with orphanages. But the government has not shown any progress to amend the Human Trafficking and Transportation Act that aligns with this protocol. But the government has addressed issues related to child protection in orphanages on their five years strategic plan which was finalized in Dec 2022. In the past, we have come across several news articles related to pedophilia and sexual harrasment in Nepal’s CCHs. Are these cases still on the rise or are they being mitigated? I think when it comes to the cases of pedophilia in orphanages, we have come across cases where the accused were both Nepalis and foreign nationals. I saw a high number of cases that involved foreign nationals during the Maoist insurgency. But the number has decreased since then, although we do see a few cases here and there. But that doesn’t mean the cases of sexual harassment as well as pedophilia has been mitigated. In fact, I believe it’s increasing. That’s because there are many platforms that influence these kinds of behavior, major being social media outlets. We still find Nepalis who lure children into orphanages, resulting in many cases of sexual and physical abuse. Vulnerable groups are being targeted not just in person, but also through online platforms, luring them with employment and educational opportunities. Although I don’t have the data to show the increment in cases, the cases I have come across in my time of career indicates that they are still on the rise.