US State Department Report Downgrades Nepal to Tier 2 Watch List for Human Trafficking

Nepal has been downgraded to Tier 2 Watch List on the U.S. State Department’s Trafficking in Persons Report.  According to the 2024 Trafficking in Persons Report by the US State Department, Nepal’s human trafficking conditions are worsening. Historically, Nepal has been categorized as Tier 2, indicating efforts to meet the Trafficking Victims Protection Act (TVPA) standards. However, the latest report demotes Nepal to the Tier 2 Watch List.

The Tier 1 classification is reserved for countries that fully meet the TVPA’s minimum standards. Tier 2 includes countries making significant strides toward compliance. The Tier 2 Watch List, which now includes Nepal, is for countries that are making efforts to comply but also have a significant number of trafficking victims, show a marked increase in victims, or fail to demonstrate enhanced anti-trafficking measures compared to the previous year.

Tier 3 encompasses countries that neither meet the minimum standards nor demonstrate significant efforts to do so. This year marks the first time in 24 years that Nepal has been placed on the Tier 2 Watch List, indicating a decline in the country’s human trafficking situation. The report, released by US Secretary of State Anthony Blinken, highlights this shift.

The State Department’s reports since 2001 have consistently placed Nepal in Tier 2, except for a brief elevation to Tier 1 in 2005. Despite challenges, Nepal has historically shown progress in tackling human trafficking. This year’s downgrade underscores the need for renewed and effective anti-trafficking initiatives.

The Government of Nepal does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. These efforts included slightly increasing convictions and increasing the number of potential trafficking victims who received services, according to the report.

“The government enacted a bill to provide citizenship for certain stateless persons in Nepal and thousands of people reportedly received citizenship, reducing vulnerabilities to trafficking. However, the government did not demonstrate overall increasing efforts compared with the previous reporting period,” the report stated.

For the ninth consecutive year, the government did not finalize draft amendments to criminalize all forms of labor trafficking and sex trafficking. The report indicates that the government prosecuted fewer traffickers and concerns continued about official complicity in trafficking crimes.

The report also pointed out that the government did not finalize pending SOPs for victim identification and referral to services for the fifth consecutive year. Officials’ identification of, and protection for, male trafficking victims and transnational labor trafficking victims remained inadequate.

“The government seldom initiated victim compensation and officials did not report providing restitution or any victims receiving compensation. Government efforts to oversee recruitment agencies, hold fraudulent labor recruiters accountable, and protect Nepali migrant workers abroad remained insufficient,” the report stated.

Additionally, the government continued to approve set recruitment fees and related expenses with few measures to protect Nepali migrant workers against exploitation. The report stated that the government did not report whether it supported the repatriation of any migrant workers exploited abroad. Consequently, Nepal was downgraded to the Tier 2 Watch List.

The report also provided several prioritized recommendations for Nepal to address its human trafficking issues:

1- Amend the Human Trafficking and Transportation (Control) Act (HTTCA) to criminalize all forms of sex trafficking and labor trafficking, in line with the 2000 UN TIP Protocol, and remove a provision that allows the judiciary to fine victims if they fail to appear in court.

2- Increase investigations and prosecutions, including allegedly complicit officials, and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

3- Constitute Local Coordination Committees on Human Trafficking (LCCHTs) in all localities.

4- Establish SOPs for law enforcement to investigate human trafficking cases, including referrals between agencies.

5- Finalize SOPs for victim identification while training front-line responders to increase referrals of trafficking victims to services.

6- Increase the availability and quality of protection services, including shelter and repatriation, for all trafficking victims, especially men and boys and workers exploited abroad.

7- Consistently enforce strong regulations and oversight of labor recruitment companies, including by eliminating recruitment fees charged to migrant workers, full implementation and monitoring of the low-cost recruitment policy, and holding fraudulent labor recruiters criminally accountable.

8- Lift restrictions on female migration to discourage irregular migration and engage destination country governments to create rights-based, enforceable agreements that protect Nepali workers from human trafficking.

9- Train prosecutors and judges on restitution in criminal cases and victim compensation for trafficking survivors through civil proceedings.

10- Significantly increase monitoring of children’s homes and orphanages and hold accountable those that do not meet the government’s minimum standards of care.

11- Increase efforts to issue national identity documents to Haruwa-Charuwa and stateless individuals, internationally recognized refugees, and asylum-seekers to allow them to work, attend school, and access social services.

12- Adopt and implement a comprehensive national action plan and dedicate resources to its implementation.

Click here to read the full report.

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