'Will I ever
get justice?' Nepal accused of failing trafficking survivors
The
Guardian, May 26, 2017
Rights
groups claim no one has received compensation since law entitling survivors of
human trafficking was introduced a decade ago
Rights
groups in Nepal say
they do not know of a single survivor of human trafficking who has received
compensation under a law introduced a decade ago.
An act that
came into force in 2007 guarantees compensation
for trafficking victims, but only after the perpetrator has
been convicted, a caveat that has left survivors facing years of traumatic
court proceedings and threats from their traffickers.
A new report
in which 125 trafficking cases were reviewed found that, while courts awarded
compensation in more than half the cases, no one has so far received it.
Sabin
Shrestha, executive director of the Forum for Women, Law and Development
(FWLD), which produced the study, said: “The biggest tragedy
for us is that the conviction rate is good. The perpetrators are being punished
… but not a single survivor has benefited.”
Four other
experts, with decades of experience in the field, also said they were unaware
of any case where a survivor had received compensation.
The
government initially rebutted the claims. Radhika Aryal, a senior civil servant
at the women, children and social welfare ministry, said: “The government
agencies provide compensation to the survivor, according to the court’s
verdict. We have been doing so in many cases … without delay.”
Aryal later
admitted, however, that she knew of only two cases of trafficking victims
receiving compensation.
More typical
are the stories of women like Shanti, who was trafficked to India at the age of
13. Shanti (not her real name) waited nine years for her case to go through the
courts, but is yet to receive any payment.
“I have
faced threats from the traffickers … I couldn’t spend a single day in peace as
I always felt insecure before the verdict,” she said. “I couldn’t develop as a
person, as I had to keep visiting my past through the courts.”
The law
states that compensation should be paid out of the fine levied on the
perpetrators, leaving survivors in limbo until the legal process is complete.
If the trafficker cannot pay, the government must do so. Proving that the
perpetrator does not have the funds is itself a lengthy and difficult process,
however.
“Though the
court verdict says I should be getting compensation, as far as I understand … I
will have to prove that the culprit is not rich enough to pay compensation;
only then will the government give me the amount,” said Shanti.
Even if
Shanti eventually secures the payment, it is unlikely to reflect the ordeal she
has been through. Research by the FWLD found that, in almost two-thirds of
cases, courts ordered compensation of just 50,000 Nepalese rupees (£380).
The funds
awarded are typically only 50% of the trafficker’s fine, with the remainder
going to the government.
“How can the
government keep half of any compensation given to survivors?” said Benu Gurung,
executive director of the Alliance Against Trafficking in Women and Children in
Nepal. “We demand all of the fine is given to the victim.”
Gurung added
that some people find it is easier, and more lucrative, to accept hush money
from the traffickers than go through the courts.
“From a
survivor’s perspective, rather than face threats from traffickers, or risk
being exposed as a victim of trafficking, it is better to accept a payoff,
especially when you have no confidence that you will ever receive
compensation,” said Gurung.
Rights
groups are calling for immediate interim financial support for survivors,
higher rates of reparations and greater efforts to make survivors aware of their
right to recompense.
“We
survivors demand the government compensate us first and later get the money
from the culprit,” said Shanti. “How long will it take? Will I ever get
justice?”
