It becomes imperative that both India and Nepal urgently address the existing gaps in cross-border management by formulating integrated SOPs that target all stages of the trafficking supply chain.
India and Nepal have long enjoyed a special relationship, bolstered by the 1950 Treaty of Peace and Friendship that allows for free movement of people and goods across the nearly 1,800-km long border separating the two nations. Yet, this open border also remains susceptible to a host of illegal activities taking place across largely unmanned border points; the illicit smuggling and trafficking of people being one of the most frequent of such occurrences. India happens to be a major destination as well as transit country for trafficking people from Nepal, and many border towns in Indian states, especially in Uttar Pradesh, Bihar, and West Bengal serve as key areas used by traffickers to facilitate their activities.
In March 2020, both nations sealed their borders in response to curb the spread of the COVID-19 pandemic. It was expected that the lockdown measures would diminish heinous crimes like human trafficking from percolating any further. However, on the contrary, such crimes have continued unabated. Between June–July 2020, a few groups of trafficked Nepali women were rescued in India through the joint efforts of anti-trafficking units within India and the Nepalese Embassy. Despite this high-level threat, both nations have yet to develop a Memorandum of Understanding (MoU) or a comprehensive set of integrated standard operating procedures (SOPs) to mitigate this problem.
In Nepal, nearly more than 30,000 vulnerable people are trafficked every year to be engaged in complicated overseas employments, the adult entertainment industry, and child labour activities. The traffickers are said to transport the victims by bus or train to Mumbai or New Delhi from where they are either sold to brothel owners or “madams,” or they are made to work in factories. The usage of Indian routes to traffic women to the Gulf and the African nations has gained prominence in recent years since Nepal has put a ban on sending them to such nations as domestic workers. Traffickers use different routes for various destinations. For instance, they use the Kathmandu–New Delhi–Mizoram–Sri Lanka route to traffic these women to the Gulf countries. Similarly, they use Nepal–New Delhi–Dubai route to traffic to African countries. For the United States, the girls are flown through New Delhi–Moscow–Spain–South America.
Considering the vulnerabilities posed by an open border, a reasonable level of border control becomes a crucial tool to combat such occurrences. In India, the Sashastra Seema Bal (SSB) is tasked with the guarding of the India–Nepal border, as is the Armed Police Force in Nepal; and their personnel would invariably be the initial point of contact for intercepting potential victims.
However, the regulation of movement of people across open borders has been made difficult by the ambiguity in distinguishing between a person being trafficked (against their will, under coercion, or fraudulently obtained consent) versus simply an irregular migrant (who may have consented to be smuggled across the border in exchange for compensation). The stakeholders at borders and vulnerable regions, which include border control officials, government authorities, and NGOs, do not possess adequate training and skills to identify potential victims accurately and sensitively. Additionally, the collusion of corrupt officials and authorities only makes matters worse.
It must be noted in this regard that the United States government in the 20th edition of its Trafficking in Persons Report placed both nations on Tier 2, stating that both India and Nepal needed to develop and implement SOPs for identifying victims, their referral to relevant agencies, and undertake extensive training of officials for the same.
Intervention by international agencies has, to some extent, set a precedent in framing a set of SOPs that can be followed by first responders (i.e. organisations, agencies, or individuals responsible for intercepting possible victims and interviewing/ identifying them). One such regional SOP was developed in 2017 by the United Nations Office on Drugs and Crime’s Regional Office for South Asia, in collaboration with government officials of India, Bangladesh, and Nepal, and other organisations through fieldwork in specified trafficking-prone regions. They identified SOPs that encompassed some of the following:
• Definitions and key conceptual distinctions between trafficking and smuggling.
• Primary physical and psychological indicators and observations to identify those possibly being victimised by traffickers.
• Enquiries to ascertain legitimacy of those crossing the border.
• Procedures for interception at the border, and collaborating with key partners including law enforcement, NGOs, medical personnel, immigration authorities etc.
• Requirement of documentation at various steps.
• Best practices to be followed by first responders, law enforcement authorities, and partner organisations.
• Procedures for repatriation, rehabilitation, and support for victims at shelter homes.
Thus, the need for formulation of integrated SOPs becomes crucial. If developed, it will facilitate curbing this atrocious crime in five ways. First, the trafficking supply chain begins with the recruitment stage where traffickers target women, men, and children at predetermined locations, followed by their transportation, and then continued by further exploitation at destination points. Therefore, implementing SOPs for interception and detection of victims during attempts to cross key border areas or points will be crucial.
Secondly, SOPs formed with the consultation and coordinated efforts between SSB and Armed Police Force in Nepal along with other government and non-governmental agencies may help chalk out clear responsibilities in an effective and transparent manner. In addition, capacity building in the form of training personnel from both sides on victim identification, agency referrals, and repatriation procedures, will benefit effective border management.
Thirdly, SOPs will also serve to eliminate ambiguities in looking at trafficking from a criminal justice point of view. Often, male victims are either ignored, or not appropriately treated as trafficking victims due to the presumption that trafficking targets only women and children, or necessarily involves sexual exploitation.
Fourthly, integrated SOPs also help to lay down procedures for bilateral exchange of information. The improvement in technology and development of systems that enable efficient exchange of information also make it harder for those with illegal travel documents to slip under the radar of border control personnel. The absence of procedures for sharing of data regarding known or convicted trafficking offenders, or even data on migrant workers, missing children, etc. poses obstacles in the timely conviction and settlement of trafficking cases, leading to delays in judicial proceedings on both sides, as well as blocking the repatriation and rehabilitation of victims.
Lastly, integrated SOPs that cater to the orderly repatriation and rehabilitation of rescued victims would also enhance existing mechanisms for victim care. In a recent rescue effort of 21 Nepali women from India’s Northeastern state of Manipur, it was reported that delays on the part of the Nepali Embassy and two weeks of administrative procedures preceded the nine-month long wait during which the women were stranded in India.
Thus, robust legal machinery is required to extend safety to those who are seeking opportunities through migration. The current situation should be treated with the importance that it demands. It becomes imperative that both India and Nepal urgently address the existing gaps in cross-border management by formulating integrated SOPs that target all stages of the trafficking supply chain. If overlooked, such crimes will continue to plague the region along with the pandemic.
Co-author Anikha Ashraf is a research intern with ORF Kolkata.
The views expressed above belong to the author(s). ORF research and analyses now available on Telegram! Click here to access our curated content — blogs, longforms and interviews.
Sreeparna Banerjee is a Junior Fellow at the Observer Research Foundation Kolkata with the Strategic Studies Programme.
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