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Case not closed
by
Jannie Aasted
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WWA friends in Palpa |
When
Yem Kumari Thapa told her story to WWA she had already contacted
the local police in Palpa and Butwal. She was also offered money
to drop the case from a man she did not know the identity of.
Apparently no further investigation was initiated. So WWA decided
to follow up the case on their own. They took their member to
Kathmandu, where the human rights organisation ‘Him rights’ made
contact with ‘Mahila Cell’ at the Police Head Quarter. The leader
Geeta Upreti suggested her case to be filed in Kathmandu in order
not to have the case in Tansen where local interests could
influence the case and hinder a proper registration.
‘Forum for Women, Law and Development‘(FWLD) assisted Yem Kumari
Thapa in having the case registered and signed by a lawyer.
Furthermore she had to tell her whole story to a judge in order to
have the case approved before the actual court process could
begin. On June 15, 2004 the verdict was given: The sister in law,
who sold her own relative, was sentenced to 8 months in prison and
the two traffickers 12 years each plus a fine of 15 lakhs NRS or
additional 4 years in prison.
A long journey
The progress from Yem Kumari Thapa first telling WWA about the
incident in June 2003 to when justice had been done was lengthy
but rewarding, according to Sussi Utoft, the Danish Development
Worker at WWA. From the very beginning she was engaged in the
case, which has taught her and her colleagues in WWA many lessons.
Even though the member of WWA was strongly supported by her
organisation, the obstacles of going through the Nepalese court
system as a victim were evident. “To tell local policemen that one
has been a prostitute in Bombay and to repeat the details in front
of a judge in a room full of other people is humiliating and
difficult indeed”, says Sussi.
By the use of a good network Yem Kumari’s case turned out
successful. But how about future cases when a victim is all alone
and may be offered money to quit the case? If another case should
occur, WWA would maybe not be able to take the case to Kathmandu.
Still it is their hope that Yem Kumari Thapa’s victory has created
a precedent, urging the local authorities to take the issue of
trafficking seriously.
To combat trafficking is an immense task. But that the culprits in
this case were punished is a fact that should act as a warning to
future criminals throughout Nepal. And as concerns WWA, the
organisation is willing to use their networks and make alliances
to put pressure on the local authorities to take future cases
seriously and have proper court cases on trafficking issues.
The struggle of being accepted again
And ongoing debate is the role of the NGOs when it comes to
rehabilitate the women exposed to trafficking. When the community
does not accept a returned woman, life is becoming a struggle.
Unfortunately many women are forced to take up sex work and even
go back to India.
WWA is aware of this risk, which is why they would like to offer
even more support to Yem Kumari Thapa. Some awareness raising has
been done in her area but still the outspoken support for her in
Chidipani is next to non-existent. President of WWA Dhana Paudel
is concerned about this: “MS Nepal has helped us pay the lawyer
expenses for Yem Kumari. But how to support her further is the
main challenge, we now need help to face.”
Workshop on women trafficking
But in fact WWA has already taken up the challenge. The
organisation has lately made contact to ‘Maiti Nepal’ – an NGO
working to prevent trafficking and to rehabilitate the victims.
After a visit in their branch office in Bhairahawa, Yem Kumari
Thapa has agreed to be involved as a resource person. For a one
month period she will join the staff from Maiti Nepal and help
prevent Nepali girls crossing the Indian border at Sunauli. Maiti
Nepal will also cooperate with WWA on awareness raising in Palpa
district in order to enhance the involvement of other
organisations and local people in the fight against trafficking.
And within a short time WWA will facilitate a workshop on
trafficking in the community. Sussi Utoft elaborates:
“Actually a workshop had been planned but due to the conflict we
have had to postpone it some months. Now we are working on having
the people gathered again. The issues will be general information
on girl trafficking and what the stakeholders can do in order to
prevent trafficking and help the victims. We would also like to
initiate a discussion on the role of local culture and values when
we approach the subject.”
WWA hopes to make people aware that girl trafficking is a crime
and that the victim is NOT the criminal. According to Sussi Utoft
it seems that many locals look upon Yem Kumari Thapa as the guilty
one and not as the actual victim she is. On the same hand the
families of the guilty persons may feel they have lost some
dignity which is necessary to give them back. To help the
discussion moving the workshop will be facilitated by the help of
a resource person from ‘Him Rights’.
Read Yem Kumari Thapa’s story here
FACTS
The estimated number of trafficked Nepalese girls and women each
year is 12000 according to ILO (International Labour Organisation).
Based on their practical experience ‘Maiti Nepal’, howeever,
considers the number to be 5-7000 each year. Women being
trafficked from Palpa, Syangja and Gulmi districts are increasing
rapidly according to ‘Maiti Nepal’s branch office in Bhairahawa.
Police Head Quarter in Kathmandu registered 56 cases of women
trafficking in whole Nepal in the period from 2060 to 2061 B.S.
(2003-2004).
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