Two jailed for 17 years (The Kathmandu Post)

Two jailed for 17 years

The Kathmandu Post

Kathmandu, Dec 02

The Kathmandu District Court on Monday slapped 17-year jail on two individuals for molesting orphans sheltered at Bal Mandir, a non-government network of orphanages across the country.

A single bench of Justice Pashupati Acharya convicted Rabin Shrestha, former head of adoptions at Bal Mandir, and Rabin Chalise, a former student who ran a Youth Club at the shelter, for sexually exploiting the minors there. Both will be locked up for 16-and-a-half years. The three victims also stand to receive Rs 100,000 each in compensation.

The duo has been in police custody since June 17. Initially, the case was handled by the Central Investigation Bureau of Nepal Police. The CIB probe showed that the duo molested the girls on numerous occasions. Medical reports and victims’ statements had clearly suggested that the girls were raped.

Activists from Action for Child Rights International-Nepal had presented testimonies of the abused to the CIB. In the complaint, they had said Shrestha and Chalise raped and molested the children, two of them autistic, repeatedly.

Almost one-and-a-half years ago, a visually impaired girl adopted by a foreigner had complained of similar sexual harassment by Shrestha. When her mother tried to file a case, she was barred citing the 35-day statute of limitations. Following the incident, the Forum for Women, Law and Development has filed a case in Supreme Court seeking a change in the 35-day time limit and action against Shrestha in the case.

Posted on: 2014-12-03

http://np.ekantipur.com/the-kathmandu-post/2014/12/02/top-story/two-jailed-for-17-years/270357.html


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Two orphanage workers jailed for raping autistic girls (The Himalayan Times)

Two orphanage workers jailed for raping autistic girls

The Himalayan Times

AGENCE FRANCE PRESSE

2014-12-02

KATHMANDU: A court has jailed two men who worked at a prominent orphanage in Kathmandu for repeatedly raping three autistic girls in their care, an official said today.

A judge at Kathmandu District Court found the two men guilty of rape yesterday evening in a fast-track case that has cast a spotlight on Nepal’s massive orphanage industry.

“Justice Pashupati Acharya has sentenced Rabin Shrestha and Rabin Chalise to 16 and a half years of imprisonment each,” said court Spokesman Shree Prasad Sanjel. “He also ordered both of them to give 100,000 rupees as compensation to each of the victims,” Sanjel told AFP.

Shrestha, 43, worked as head of adoptions at Bal Mandir orphanage, while Chalise volunteered as a fund-raiser for the institution. The girls, aged 13, 14 and 15, complained to a rights group which alerted police in June to the attacks.

Activist Salina Tamang, 29, whose group Action for Child Rights International pushed the case, said the verdict sent a clear warning to other orphanage employees against wrongdoing. “We are happy with the court’s decision...I believe this verdict can be a lesson for those working at other orphanages in Nepal,” she said.

The defendants’ lawyer, Ganesh Adhikari, told AFP that he planned to file an appeal at a higher court within a month.

The case underscored the problems facing Nepal’s orphanages, some of which have been hit by allegations of sexual abuse, corruption and fraud in recent years.

Nepal has 797 orphanages, according to official records, but activists claim the actual figure is much higher, with employees passing off children — whose families are cheated into sending them to the centres for a good education — as orphans in a bid to raise donations.

“Many orphanages here are unregulated and unregistered... the government should draw up a serious action plan to monitor these institutions so such incidents are not repeated in the future,” Tamang told AFP.

Police in February arrested the owner of Kathmandu’s Happy Home orphanage on charges of fraud, kidnapping and torture. In August 2012 British charity worker Simon Jasper McCarty pleaded guilty to sexually abusing three boys he met in Kathmandu.

http://www.thehimalayantimes.com/fullNews.php?headline=Two+orphanage+workers+jailed+for+raping+autistic+girls+&NewsID=435570


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Former Bal Mandir officials convicted of raping three autistic minors (Republica)

Former Bal Mandir officials convicted of raping three autistic minors

Republica

Kamal Pariyar

KATHMANDU, Dec 3: The Kathmandu District Court on Monday convicted two former employees of Bal Mandir on the charge of repeatedly raping three autistic minor girls.

According to the Kathmandu District Court Registrar Shree Prasad Sanjel, a single bench of Justice Pashupati Acharya issued the verdict sentencing the two to sixteen and a half years in jail along with a fine of Rs 100,000 each.

The two convicted are -- Rabin Chalise, 29, chairman of a club of former NCO students and Rabin Shrestha, 43, former employee who headed the adoption department. “The two have been sentenced to sixteen and a half years in jail,” Registrar Sanjel said.

The two convicted had easy access to Bal Mandir, which is also known as Nepal Children´s Organization (NCO), one of the country´s oldest orphanages in the country.

The girls aged 13, 14 and 15 years had complained of being raped on June 14 this year. Following the complaints, the girls were rescued by child rights activists on June 17 from Bal Mandir with the help of Central Investigation Bureau (CIB). The two were arrested on June 20, 2014.

“The charge against them has finally been proven and we hope it would be a good lesson to other orphanages in the country,” Rama Shrestha, a lawyer, who fought the case for the victims, said.

Earlier, CIB under the leadership of DSP Kiran Bajracharya had found that the three minor girls were sexually exploited.

The minors were later shifted to CIWIN, in coordination with the Central Child Welfare Board (CCWB), from the Bal Mandir after an NGO, Action for Child Rights International (ACRI), made a complaint to the police.

ACRI Country Director Salina Tamang expressed happiness over the court´s verdict.

Published on 2014-12-02

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=87830


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Nepal Children's Organization -- NCO/Bal Mandir child rapists sentenced to 16 years in prison

Nepal Children's Organization -- NCO/Bal Mandir child rapists sentenced to 16 years in prison

From -- Action For Child Rights International (ACR-Int):

BREAKING NEWS: WE WON THE CASE AGAINST THE EX-EMPLOYEE AND EX-STUDENT OF BALMANDIR!!!

Case sexual of 3 minors

The judge, Honorable Pashupati Acharya, gave the final verdict on the case of three minors from Balmandir who were sexually abused by an ex employee and ex student. Both have been found guilty and have received 16 years imprisonment and in total each will pay Rs. 100,000 each to the three victims in compensation. We are extremely happy that the girls have been done justice by the court and we would like to thank FWLD, CWISH, CWIN and LACC for their support in this case. The girls can finally feel safe and hope that this will bring some relief for the pain and nightmares they went through. We will follow up the victims the best we can and make sure they receive appropriate guidance. We want to thank especially every person and organisation who showed their support towards the victims! We can't express how happy we are with this result!

http://www.acr-int.org/index.php/en/


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Republica -- Bal Mandir minors 'sexually exploited repeatedly'

Bal Mandir minors 'sexually exploited repeatedly' 
 
Republica

Kamal Pariyar

Involvement of accused yet to be verified

KATHMANDU, July 9: On the basis of medical examinations, the Central Investigation Bureau (CIB) of Nepal Police on Wednesday submitted its investigation report to Kathmandu District Attorney with testimonies that three minor girls, students at Bal Mandir, were sexually exploited repeatedly. 

"After a three-week intensified investigation, we have submitted our report with all the testimonies and handed the two accused over to the charge of attorneys for further legal action," SSP Uttam Karki, Acting Chief of CIB, said. "The minors were sexually abused to the full over and over again,” a police source said citing the investigation report. 

Police had arrested the two individuals previously associated with Bal Mandir, also known as Nepal Children´s Organization (NCO), one of the country´s oldest orphanages, and they were remanded to police custody for investigations into rape charges made against them by three minor girls, who are now at a different orphanage. 

It has also come to light that the three girls were medically examined on October 10, 2013 at Patan Hospital. The hospital report also stated that the girls had been sexually abused since one year back.

“I knew that a medical examination was carried out by the then NCO Board, which has now collapsed, but I am sure such alleged abuse never took place within the compound of the Bal Mandir,” Subash Pokharel, general secretary of NCO, said.

There were many minor students that leave the Bal Mandir in the morning for studies and return in the afternoon, General Secretary Pokharel said adding that there were chances of their being abused while they are outside but not while inside the compound. 

CIB had arrested a former NCO student and a former NCO employee -identified as Rabin Chalise and Rabin Shrestha - after the three minor girls living at the Naxal Bal Mandir complained of being sexually exploited. CIB, in coordination with the Central Child Welfare Board (CCWB), had shifted the three girls, who are below 15 years of age, from the Bal Mandir after an NGO, Action for Child Rights International (ACRI), drew the attention of police to the matter. 

During the police investigation, the minor girls said they would be lured with sweets and had been facing exploitation for a long time, according to police. Though the sexual exploition has been proved medically, the involvement of the accused is yet to be verified medically, a police source said.

Chalishe, the chairman of a club of former NCO students, and Shrestha, a former employee, had easy access to the Bal Mandir orphanages but they have been denying any involvement in abuse.

If the accused are proved guilty, they should be duly punished and long-term arrangements made for the education and future safety of the victimized girls, said Salina Tamang, country director of ACRI. 

Students of Bal Mandir last week protested against the public exposure of the 'sexual abuse' charges while CIB investigations were still under way. Police personnel involved in the investigations said Bal Mandir staff were indifferent to the investigations and ignored the complaints of the victims.
 
Published on 2014-07-10

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=78670


For more on the scandal, see Pound Pup Legacy:

Nepal -- Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Child predators: Even compared to recent scandals in children’s homes, allegations of abuse at Bal Mandir are shocking (Nepali Times)

Child predators: Even compared to recent scandals in children’s homes, allegations of abuse at Bal Mandir are shocking

Nepali Times

4-10 July 2014

Sunir Pandey

When Sarah Robinson first came to Nepal with her son and niece in 2009, she took time out from sightseeing to visit Bal Mandir in Naxal. At the squalid state-run orphanage, Sarah’s niece happened to pick up a five-year-old blind girl. Sarah, a special-needs teacher back in the UK, decided to adopt the child.

Two years later, Sarah was back in Kathmandu to begin the lengthy and difficult adoption process. Whenever she visited Bal Mandir, the girl’s caretakers would warn her saying the child had “bad karma”, but Sarah was determined to adopt the girl, whom she now called Hope.

One day Hope’s caretaker told Sarah she had spotted blood in the child’s underwear. Both assumed it was diarrhoea. But after examination, doctors at the TU Teaching Hospital said Hope had been raped. When they questioned her, Hope told them she and “Rabin uncle” loved each other.

Rabin Shrestha was in charge of adoptions when Sarah applied for papers for Hope. “I tried to adopt her, but Shrestha told me I couldn’t do that. He wanted me to sponsor her instead and told me I would get a decision after she turned 16,” Sarah told Nepali Times.

It had already crossed the 35-day statute of limitation on rape when Sarah finally filed a case against Shrestha (she was afraid he could deny her Hope if she accused him) so she only filed an FIR with police on grounds of sexual abuse. Shrestha was issued a warning in 2012, but not arrested.

On 16 June, Rabin Shrestha, now an ex-employee since a year and a half, and Rabin Chalise, an ex-student who ran a youth club at the shelter, were arrested by the Central Investigation Bureau (CIB) again after child rights activists presented new evidence of repeated rape and abuse of other girls and boys at the orphanage.

According to the testimony of three autistic girls, the men would introduce themselves to the children as Bollywood film stars Amitabh and Abhisek Bachchan and would lure them into drinking alcohol and watching pornography before abusing them, the latest incident occured three days before their arrest.

They would organise ‘wedding ceremonies’ every Saturday and dress the girls in red saris and have them dance to brass-band wedding music. One of them would spray water on the girls, who would then be forced to take off their wet clothes. This occurred during the afternoons, when Shrestha got a free pass at the orphanage. In the evenings, Shrestha used to take the children to a bar in Thamel where they were groomed to be prostitutes, according to children’s accounts.

These detailed testimonies were presented to the CIB by child rights activists from ACR-Int (Action for Child Rights International). The evidence was cross-checked for veracity, and was so compelling that Shrestha and Chalise were arrested right away, while a third man was questioned but couldn’t be detained because of lack of evidence.

Lawyer Sapana Pradhan Malla, who is fighting Sarah’s case, says this new evidence might help them get the Supreme Court to order the police to register and file a rape case against Shrestha. They have also listed five other pleas: amendment to the 35-day limit, a mandamus order to not dismiss the case, to teach children about sexual abuse, to set up a child-abuse monitoring system at Bal Mandir and for the Central Children’s Welfare Board to come up with a manual for regulation. A hearing scheduled for 3 July at the SC was again postponed to 3 December.

Shrestha and Chalise, both right now in police custody, have denied the allegations against them. We asked Subash Kumar Pokharel, General Secretary of Bal Mandir, how an ex-employee could go in and out of Bal Mandir, but he was evasive.

Instead, he accused ACR-International of using Bal Mandir’s children against the institution that protected them. Some Bal Mandir alumni also protested outside the office of ACR-I in Kuleswor on Wednesday accusing activists of using the case for fund-raising.

“Since the police are investigating this case, I don’t want to say anything and influence their decisions. But we have written to them that we will fully cooperate with the investigation,” Pokharel told us.

The CIB refused to comment because it said investigations were ongoing. It has until 10 July to file a case, after which Shrestha and Chalise will have to be released.

Names of Sarah and Hope have been changed for safety and privacy reasons.



________________________________

Sacred to profane

Established in 1964 to take care of orphans and abandoned children, Bal Mandir was a powerful institution with royal patronage. With Queen Ratna at the helm, it put together buildings and 50 ropanis of property which are now prime real estate.

Administered by the quasi-NGO, Nepal Children’s Organisation (NCO), Bal Mandirs across the country today take care of over 600 children in 11 homes. Since the loss of its royal backing, the NCO has been plagued by political interference and corruption. Its buildings and property have been leased out to private individuals, amidst allegations of huge kickbacks to political appointees in the NCO.

In 2011, the Public Accounts Committee of the legislature parliament ordered the NCO to systematise its lease process. Seeing the conditions at Bal Mandir, the Australian charity Mitrataa Foundation agreed to manage the orphanages for five years in 2009, but pulled out within 12 months because of widespread corruption and mismanagement at the NCO.

‘We had to cancel the project as we were not confident that we would be able to deliver on the objectives without risking Mitrataa’s reputation as an organisation that refuses to pay bribes,’ the charity says in an online post. One former Bal Mandir employee says the shelter has been involved in “selling babies” in the guise of adoptions, with its managers taking a cut.

When allegations of child trafficking made international headlines, the government suspended inter-country adoptions in 2007 before lifting the self-imposed ban in 2009. In February 2010, the Hague Conference on Private International Law, released a report saying Nepal’s adoption system had gross irregularities and fell short of Hague Convention standards. Among other recommendations, the report advised better regulations of children’s homes and elimination of ‘financial gain from inter-country adoption’. Eleven countries including the US and UK then banned adoptions from Nepal.

The NCO’s Subash Kumar Pokharel denies all allegations of corruption and abuse. He says: “There is no other orphanage in Nepal better run than Bal Mandir. If any one finds proof of corruption or abuse, I will resign.”

Read also:

Child predators detained, Sunir Pandey and Trishna Rana

(Un)happy homes, Sunir Pandey

Selling sympathy, Bhrikuti Rai

At the mercy of mercenaries, Trishna Rana

From Nepali Times:

http://nepalitimes.com/article/nation/bal-mandir-rape-allegations,1495

For more on the scandal, see Pound Pup Legacy:

Nepal — Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

CIB investigating sexual abuse of Balmandir girls (The Himalayan Times)

CIB investigating sexual abuse of Balmandir girls

Says it is gathering supportive documents

The Himalayan Times

2014-06-28

KATHMANDU: The Central Investigation Bureau of Nepal police has said it is collecting supportive documents in relation to an alleged sexual abuse case in Balmandir, a children’s home based in Kathmandu.

Following a complaint lodged by Action for Child Rights International-Nepal (ACRI-Nepal), an INGO, the apex investigating body of the law enforcement agency on June 17 had detained Rabin Shrestha, a previous employee of Balmandir, and Rabin Chalise, incumbent president of Balmandir Club, an NGO, on charge of sexually abusing three young girls of Balmandir. “We are collecting supportive documents. If they are found guilty, they will certainly face legal action,” said SP Suresh Bikram Shah of CIB said. “Investigation into the case is under way.” Kathmandu District Court has already remanded the duo to custody.

“As per the law, we can put the accused in custody for a maximum of 25 days. If they are found guilty in course of investigation, we will produce them before court within next 20 days,” added SP Shah, stopping short of giving further details on ongoing investigation.

According to ACRI-N, it had reported the case after receiving the ‘testimonies’ of three young girls, who were living in Balmandir, with allegations of repeated rape and abuse. Acting on the report, CIB had earlier arrested three main suspects for interrogation but had later released one.

http://www.thehimalayantimes.com/fullNews.php?headline=CIB+investigating+sexual+abuse+of+Balmandir+girls&NewsID=419648


For more on the scandal, see Pound Pup Legacy:

Nepal — Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Child predators detained (Nepali Times)

Child predators detained

Nepali Times

Saturday, June 28th, 2014

Two men working in an orphanage in Kathmandu have been arrested and are facing trial next week accused of sexually abusing children in their charge.

Rabin Shrestha, former head of the adoptions at Bal Mandir, and Rabin Chalise, an ex-student who ran a Youth Club at the shelter, were arrested by the Central Investigation Bureau (CIB) last week after child rights activists presented evidence of repeated rape and abuse of girls and boys at the orphanage.

Shrestha had been arrested before in 2012 after a British woman lodged a complaint against him for allegedly raping a five-year-old blind girl that she was going to adopt.

“I tried to adopt her, but Shrestha told me I couldn’t do that. He wanted me to sponsor her instead and told me I would get a decision after she turned 16,” the mother told Nepali Times this week.

A Bal Mandir caretaker had informed her then that the girl was bleeding, and after examination a doctor confirmed she had been raped. Shrestha and Chalise are now also accused of also raping three other autistic girls at Bal Mandir, using other orphans for prostitution, and also abusing two young boys. Another unknown accomplice is at large.

The three men introduced themselves to the children as Bollywood film stars Amitabh and Abhisek Bachchan and would lure them into drinking alcohol and watching pornography before abusing them, activists say.

They would organise 'wedding ceremonies' every Saturday and dress the girls in red saris and play brass-band wedding music. One of them would spray water on the girls, who would then be forced to take off their wet clothes. This occurred during the afternoons, when Shrestha got a free pass at the orphanage. In the evenings, Shrestha used to take the children to a bar in Thamel where they were groomed to be prostitutes, according to children's accounts.

These detailed testimonies were presented to the CIB by child rights activists from ACR-Int (Action for Child Rights International). The evidence was cross-checked for veracity, and was so compelling that Shrestha and Chalise were arrested right away.

The British woman, who did not want to be named, also says her vision-impaired adopted daughter was tortured while in the shelter and suffered psychological trauma. She used to be tied up and hung from a tree, or lowered into a hole in the ground.

Both Shrestha and Chalise have denied the allegations and the Nepal Children’s Organisation that runs the Bal Mandir orphanage says neither men are involved with the orphanage. This is contrary to the British woman’s testimony that Shrestha had met her about adoption procedures. The CIB refused to comment because it said investigations were still ongoing.

Shrestha and Chalise were remanded in custody for another week on Thursday, and are due to appear in court on 3 July. The scandal follows a series of reports of abuse and trafficking at orphanages and shelters in Kathmandu.

The Bal Mandir is responsible for over 600 children in 11 homes across Nepal and is administered by the Nepal Children’s Organisation which has been mired in charges of corruption and abuse. In 2010, the Australian charity Mitrataa Foundation which had agreed to manage the orphanages pulled out because of corruption and mismanagement.

'Unfortunately, due to severe corruption within NCO, we had to cancel the project as we were not confident that we would be able to deliver on the objectives without risking Mitrataa’s reputation as an organisation that refuses to pay bribes,' the charity says in an online post.

Sunir Pandey and Trishna Rana

http://www.nepalitimes.com/blogs/thebrief/2014/06/28/child-predators-detained/

For more on the scandal, see Pound Pup Legacy:

Nepal — Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Nepal adoptions chief raped and groomed orphans for prostitution (The Daily Telegraph)

Nepal adoptions chief raped and groomed orphans for prostitution, claims British teacher

The Daily Telegraph

A British woman who adopted a five year old blind girl from a Nepalese orphanage believes she uncovered an abuse and vice ring after her new daughter said she’d been raped every Saturday

By Dean Nelson, New Delhi and Anil Giri in Kathmandu

27 Jun 2014

The former head of international adoptions at Nepal’s largest orphanage is in custody over allegations that he raped young girls and groomed them as prostitutes in Kathmandu dance bars.

One of the alleged victims was a five-year-old blind girl who who was later adopted by a British teacher. Three others suffer from autism and severe learning difficulties.

According to the girls, they and two young boys at the orphanage were sexually abused and raped every Saturday when the adoptions chief, Rabin Shrestha and his friend throw ‘birthday’ and ‘wedding’ parties at Kathmandu's Bal Mandir children’s home.

The older girls, aged 13 and 14, were dressed in bridal gowns and then made to consummate their "marriages" with Shrestha and an associate. They were also forced to sexually abuse two four year old boys, it is claimed.

The allegations emerged after a British special needs teacher visited the orphanage and became concerned for a five-year-old blind girl who was neglected by staff. She and her niece were told not to hold the girl because her blindness would bring “bad karma”.

Related Articles

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28 Oct 2011

Nepal admits half its orphanages 'selling' children for adoption by couples abroad 

12 Mar 2007

Orphanages in 'children for sale' racket 

10 Mar 2007

The teacher, who married a Nepali man in the early 1990s, later adopted the girl but during the adoption process a female "house mother" told her the girl had been bleeding heavily from her genitals.

The girl initially said she had fallen but later told her that she and Shrestha were lovers who fed each other plums. “’I know Rabin uncle and he is my lover, he feeds me plums and I feed him plums and he touches me and I touch him’, she told me”, the teacher told campaigners.

When her daughter was alone with him, he threw "birthday tea" parties at which he sexually abused and raped her, and when she was with the older girls he would stage "wedding ceremonies" in which they would be raped and forced to abuse two young boys.

The experience had left her daughter psychologically damaged. “She now thinks that every Saturday is her birthday”, she said, and is terrified by the sound of Nepali wedding bands. “If she hears the band in the street she covers her ears and crouches down on the ground and screams”, she told children’s rights activists.

The girls were regularly taken to "dance bars" in Kathmandu’s seedy Thamel red light district where they were given alcoholic drinks and groomed as prostitutes.

Mr Shrestha and another orphanage official were arrested and taken into custody last week after the campaign group Action for Child Rights International (ACR-Int) handed over a dossier of evidence to the police.

Superintendent Pitamber Adhikari of Nepal’s Central Investigation Bureau confirmed the arrests and said the two men are under investigation. They have denied the allegations against them while the Bal Mandir home rejected any connection with them. The suspects are expected to appear in court next week.

The British teacher said she could not comment on the case until after next week’s hearing.

Lieutenant-Colonel (Rtd) Philip Holmes, a leading anti-child abuse trafficking campaigner said the sexual abuse alleged at Bal Mandir was widespread in Nepal.

“This case is by no means unique and we will continue to support ACR-Int as it rescues children and brings paedophiles to justice”, he said.

http://www.telegraph.co.uk/news/worldnews/asia/nepal/10931141/Nepal-adoptions-chief-raped-and-groomed-orphans-for-prostitution-claims-British-teacher.html


For more on the scandal, see PEAR Nepal:

Nepal Children's Organization -- former head of NCO/Bal Mandir adoptions arrested for child rape

http://pearadoptinfo-nepal.blogspot.com/2014/06/nepal-childrens-organization-former.html



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DoS Notice: No U.S. Adoption Service Providers Currently Authorized to Facilitate Adoptions in Nepal

July 17, 2013

The Nepali Ministry of Women and Child Social Welfare (MWCSW) informed the U.S. Embassy in Kathmandu that as of July 1, 2013, no U.S. adoption service providers (ASP) are authorized to facilitate adoptions in Nepal.  According to the MWCSW, the authorization of all adoption service providers expired on December 31, 2012.  The Ministry also informed the Department that no U.S. ASPs have submitted a new application or an application to renew their authorization for the two-year period beginning on January 1, 2013. 

While Nepal's adoption regulations (the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Children by an Alien, 2008) permit Nepali authorized ASPs and foreign missions to submit dossiers on behalf of prospective adoptive parents, the U.S. Embassy in Kathmandu cannot execute "cover letters" or submit dossier documents to the Ministry of Women and Child Social Welfare (MWCSW) on behalf of prospective adoptive parents or otherwise serve as a de facto ASP for prospective adoptive parents. Therefore, it will not be possible for prospective adoptive parents to file an application to adopt a Nepali child until a U.S. ASP applies for and receives authorization to facilitate adoptions in Nepal in 2013-2014.

Prospective adoptive parents should also be aware that, on August 6, 2010, the U. S. Department of State and U.S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children reported as abandoned because documents presented in support of the abandonment of these children in Nepal were unreliable.  Cases involving relinquishment by known birth parent(s) were not affected by the suspension.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families. 

We will continue to provide updates through adoption.state.gov as additional information is received.  This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nepal_6

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Salleri teacher in seven year wait for salary (The Himalayan Times)

Salleri teacher in seven year wait for salary

The Himalayan Times

2012-07-22

SOLUKHUMBU: A teacher at Balmandir located in the district headquarters, Salleri, has not got her salary after the end of monarchy in the country.

The teacher, Sunita Kayastha, has not got her salary since 2062 BS. The Balmandir was established in 2039 BS.

Denied salary for the past seven years, she has now been visiting the Department of Education and Central Office of Nepal Children's Organization (NCO) asking for salary.

The District Education Office (DAO) had given recognition of Primary level to the Balmandir in 2045 BS. After that, the DAO had provided one teacher in quota and day meal was provided to one teacher and students by the NCO, but the teacher could not get salary and students could not get the day meal for all these seven years.

Teacher Kayastha said that she worked with the assurances of getting salaries but was not successful so far.

She added that the DAO has been providing Rs. 1,800 per month under EDC class.

According to the District Education Officer, Devendra Raj Khanal, the DAO did not provide the salary as the Balmandir is under the Nepal Children's Organization. There are 21 students in the Balmandir.

© 2012 The Himalayan Times

http://www.thehimalayantimes.com/fullNews.php?headline=Salleri+teacher+in+seven+year+wait+for+salary&NewsID=340506




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USCIS Revised Country Information for Nepal

USCIS has published an updated version of its country information for Nepal. According to USCIS, "These revisions do not present any significant updates on adoptions in Nepal . Rather, they consolidate existing information and explain the current process for adopting children from Nepal. As this information is intended to help the public, please feel free to share this information."

  

The revised text of the country information section on Nepal is as follows:

The U.S. Government is currently adjudicating intercountry adoption petitions filed on behalf of Nepali children who have been relinquished by a known birth parent(s) whose identity and relationship can be confirmed.  The U.S. Government is not adjudicating adoption petitions filed for Nepali children who are described as having been abandoned.  On August 6, 2010, the U. S. Department of State and U. S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because documents presented in support of the abandonment of children in Nepal have proven unreliable. 
USCIS and the U.S. Department of State continue to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system.  We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.
The U.S. Government continues to encourage the Government of Nepal to work with the international community, including the Permanent Bureau of the Hague Conference on Private International Law, to implement the Hague Adoption Convention and reform its adoption process to protect children and families. 
There are special filing instructions in place for adoption petitions under the orphan system involving Nepali orphans.  For more information, please see the page called “Special Instructions for How and When to File Adoption Petitions on Behalf of Nepali Children.

USCIS and Department of State Roles
USCIS is responsible for the adjudication of the Form I-600, Petition to Classify Orphan as an Immediate Relative.  In overseas locations where USCIS does not have an office, such as Nepal, USCIS has delegated limited authority to Department of State consular officers at U.S. embassies and consulates to accept in-country filings of Forms I-600 in certain circumstances and to approve petitions that are clearly approvable.  Form I-600 petitions found by the consular officers to be “not clearly approvable” are then forwarded to the USCIS office overseas with jurisdiction over that location for adjudication.  The USCIS office in New Delhi, India, has jurisdiction over petitions filed with the U.S. Embassy in Kathmandu, Nepal.

Recent History
On August 6, 2010, the Department of State and U.S. Citizenship and Immigration Services jointly decided to suspend adjudication of new adoption petitions and related visa issuances for children who purportedly were abandoned in Nepal.  
In early August 2010, a joint assessment team from the U.S. Department of State and USCIS travelled to Nepal and performed a detailed analysis of the evidence being presented to document the abandonment of children in Nepal.  The team found that information presented in support of orphan petitions included vague and self-contradictory testimony and documents.  Local officials were often uncooperative or appeared to purposefully mislead or deter investigations.  The U.S. Government committed to complete the processing of the 65 cases where U.S. families had received an official referral of a Nepali child before the announcement of the suspension (these cases are referred to as “pipeline” cases).
On January 5, 2011, Nepal’s Ministry of Women, Children and Social Welfare announced that children found by the police and considered abandoned will not be available for intercountry adoption until further notice.
In January 2012, Nepal’s Ministry of Women, Children and Social Welfare announced on its website that there may be children who could be considered eligible for intercountry adoption by the Government of Nepal as relinquishment cases (meaning that the children had become orphans by virtue of having been relinquished by their birth parent(s)).  Due to the concerns regarding the reliability of Nepal's adoption system, any future relinquishment cases received by the U.S. Embassy in Kathmandu will require thorough investigations, which may include birth parent interviews and DNA testing.  USCIS cannot estimate the time any investigations may take to complete.  Prospective adoptive parents should be aware that investigations may require significant time and would likely result in an increased financial burden. 
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ecab18a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=ecab18a1f8b73210VgnVCM100000082ca60aRCRD


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DOS Adoption Notice - Nepal Relinquishment Cases

Nepal

January 19, 2012

Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal

On August 6, 2010, the U. S. Department of State and United States Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned, because documents presented in support of the abandonment of these children in Nepal were unreliable. Cases involving relinquishment by known birth parent(s) were not affected by the suspension.

Recently, the Government of Nepal informed the U.S. Department of State that there may be a small number of children who will be found eligible for intercountry adoption by the Government of Nepal as relinquishment cases in 2012. The U.S. Department of State continues to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system and credible reports that children have been stolen from birth parents, who did not intend to irrevocably relinquish parental rights as required by INA 101(b)(1)(F). We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.

Due to the concerns regarding reliability of Nepal's adoption system, any future relinquishment cases received by the Embassy in Kathmandu will require complex investigations which may include birth parent interviews and DNA testing. Although we have not yet received these cases, and cannot estimate the amount of time for any investigation, we caution that they may require significant time and expenses that would likely raise the overall costs for prospective adoptive parents.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families.

We will continue to keep you updated through adoption.state.gov as additional information is received. This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nepal_4

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Govt opens applications for inter-country adoption (Republica)

***Please note: although Nepal has announced it is accepting applications for intercountry adoption, the US Suspension on processing I 600 petitions for abandoned children remains in place. See: http://www.state.gov/r/pa/prs/ps/2010/08/145767.htm

Govt opens applications for inter-country adoption

REPUBLICA

ARJUN POUDEL

KATHMANDU, Nov 29: After receiving no application for inter-country adoption in 2011, the government has asked prospective foreign parents to apply for adopting Nepali orphans for the year 2012.

The Ministry of Women, Children and Social Welfare (MWCSW) has formally invited applications through concerned embassies, diplomatic missions and international adoption agencies for the first time after inter-country adotption was suspended in 2009.

The ministry had suspended inter-country adoption following disclosure of rampant irregularities in the process. Some European countries including USA had also suspended adoption of Nepali children indefinitely after revelation of irregularities. Before the suspension, the ministry used to receive more than 500 such applications each year.

“We have completed listing eligible children for adoption for 2012. Altogether 252 children are eligible for adoption,” the legal officer at the ministry, Sher Jung Karki, said. Children formally relinquished by the family will also be put on offer for adoption, he said.

Some of the children´s homes had stopped providing shelter to newcomer orphans since a year after foreign countries stopped taking in Nepali children. The children´s homes cited financial problems for stopping providing shelter to newcomer orphans. Foreign adoption is one of the main financial sources of the orphanages.

The government has also introduced strict measures after reports of irregularities in adoption were disclosed.

Karki said that the foreign parents seeking to adopt Nepali children cannot approach the children directly. “Prospective parents cannot visit Nepal to select children without the consent of the Nepal government. They have to apply through the Internet,” the legal officer at the ministry, Karki, stated. The ministry has asked foreign parents to submit application within three days from November 17.

He also said the adopting parents need to submit documents concerning permission from their respective governments for adoption and should apply through registered adoption agencies.

The government had also fixed fee for adoption. Adopting parents have to pay US$ 8,000 and the orphanage will get only US$ 5,000 per child. The US$ 3,000 will go to the state and it will be spent for the welfare of children.

Previously adopting parents would approach the concerned orphanage directly and select a child. They would pay huge amount to the orphanages to take away the children of their choice. Karki said that adopting parents from now on will be able to choose only gender and age of the children.

The ministry says 29 orphanages have renewed their licenses for inter-country adoption. Seven new orphanages have acquired licenses for adoption. Parents from around 72 countries adopt Nepali children.

Published on 2011-11-29

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=38929


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~ What All Adoptions Deserve.
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A Nepalese child trafficker issues death threats (video)

A Nepalese child trafficker issues death threats

YouTube:

http://www.youtube.com/watch?v=Ogfdb69FI4U&feature=youtu.be

For background, see:

Dal Bahadur Phadera & the suppressed UNICEF report

http://pearadoptinfo-nepal.blogspot.com/2011/11/dal-bahadur-phadera-suppressed-unicef.html

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~ What All Adoptions Deserve.
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Dal Bahadur Phadera & the suppressed UNICEF report

Dal Bahadur Phadera & the s

uppressed UNICEF report

UNICEF Nepal's suppressed Humla report is now available on the web.

The reason UNICEF Nepal suppressed (i.e., never published) their 2005 report is unclear.

Nor is it clear why trafficked Nepali children were left at the Michael Job Centre,

Tamil Nadu,

for over six years.

UNICEF FWLD Displacement of Children From Humla 2005:

http://www.scribd.com/doc/66594955/UNICEF-FWLD-Displacement-of-Children-From-Humla-2005

Also available at Pound Pup Legacy:

http://poundpuplegacy.org/node/48632

And posted by one of the European anti-trafficking INGOs:

http://www.scribd.com/doc/72805496/UNICEF-FWLD-Displacement-of-Children-From-Humla-2005

Here is an extract (one case from the report):

Bikram Bhandari, Thehe VDC

"Bikram Bhandari informed the team that his son (Machche Bhandari now changed to Manish) was sent 6 years ago (Date: 1998) with Kali Bahadur Bhandari from Humla to Katmandu. Ram Bahadur and Gam Singh where 2 other children also sent with Machche Bandari -- they are also now missing however the team did not meet with their parents. Once in Katmandu. Chakra Bahadur Shahi (ex-parliamentarian member) arranged addmition of the children to Bal Mandir (a government organization)

From Katmandu, Machche was sent to a foreign country though Bal Mandir. This information was relayed to Bikram, 3 years ago (Date: 2001) by a member of Bal Mandir when Bikram came to Kathmandu looking for his son.

When Bikram came to know that his child was sent to another country he reqested to meet with his son but the staff of Bal Mandir said that Bikram had to pay 2 lack rupies [lakh rupees]

for this to be arranged.

Bikram explained to the team that the CDO and VDC had prepaired a recommendation letter stating that Machche Bhandari's (Bikrams son) parents where Dead. This was false information.

Bikram would like to meet with his son but is unable to -- he expressed anger about this situation.

Only Kali Bahadur had the information on Bikrams son, however Kali is now dead and Chakra dose not know the information so there is no way of finding out about the child."

For background, see:

On Children's Homes -- Lonely Planet:

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=2032255&start=0&limit=1000

Read the full thread -- a horrific, first-hand account of D.B. Phadera.

Here are two extracts (from a Western volunteer):

"The orphanage I Managed was registered, but not once did I ever see anyone check up on it. My orphanage being registered also did not make it a good place. My job was to run the home and do everything I could to protect the children from the owner and his goons. The owner was a known childtrafficker who was above the law. The NGO ISIS had conducted and investigation that traced over 530 girls that he had sold to brothels in India. They turned the investigation over to UNICEF who promptly leaked it giving him time to pay off the right people. He spent all of 2 nights in jail. I really prefer not to get into how horrible this man is to children, but he is just one of many respectable businessmen who have registered orphanages that are just ways for him to earn money through exploiting children. Like at many homes, the term "owner" only means that he had custody over the children, not that he paid for anything or did anything to care for the children. I actually had to stop a group of swiss tourists from handing over 2000 USD directly to one of his goons (who was himself a pedophile)."

and:

"DB Phadera...was the owner of my orphanage. He lived just across the path from me. Words cannot fully describe how horrible this man is. My job involved documenting the hell out of each of the kids in order to try to keep them safe from him- and it wasn't always enough. He is truly the most despicable person i have ever met. When an 8 year old girl disappeared from the home, he smiled at me as he told me she was only there on vacation. When he had disputes with the organizations that funded the home, he would cut off their ability to bring the children food. He literally would starve the children as a bargaining tool. When I first arrived at the home, he was allowing his goons free reign and many would come and demand to sleep in the beds with the kids at night. It took everything I had to put a stop to that practice. He forces children to beg, sells them into servitude, or worse, into brothels. For him it's all an equation of how he can make the most money. The lucky children are the ones he just abandons. Many good organizations in the valley have rescued kids from DB. All of the ones I listed in my previous post are among them. their efforts are noble and deserve support. But DB is a politically powerful man. As long as he remains free, he will continue to bring in more Humli children and subject them to cruelty, abuse, and in the best case scenario simple neglect.

Having to deal with him on a daily basis was one of the hardest things I've ever had to do. My kids needed me there as my foreignness did give them some level of protection and the alternative would have been a manager of his choice, but I couldn't rock the boat too much- he had threatened to kill a previous volunteer and she had to leave the country.

Corruption in Nepal creates this culture of impunity which allows traffickers to operate."

See also:

Lt. Col. Philip Holmes explains why his charity rescued Nepali girls from the Michael Job Centre (video) -- PEAR Nepal:

http://pearadoptinfo-nepal.blogspot.com/2011/11/lt-col-philip-holmes-explains-why-his.html

"After the girls' return to Nepal the trafficker who had been involved, DB Phadera, orchestrated a vicious media campaign against the charity."

The Indian preacher and the fake orphan scandal -- Daily Telegraph:

http://www.telegraph.co.uk/news/worldnews/asia/india/8856050/The-Indian-preacher-and-the-fake-orphan-scandal.html

On the Western supporters of the Michael Job Centre (Coimbatore, Tamil Nadu, India).

Long journey home -- The Nepali Times:

http://www.nepalitimes.com.np/issue/2011/09/30/ThisIsIt/18594

On The Esther Benjamins Trust's rescue of 23 Nepali girls (Tamil Nadu -- September 2011).

A trafficker remains scot-free -- The Kathmandu Post:

http://pearadoptinfo-nepal.blogspot.com/2011/07/trafficker-remains-scot-free-kathmandu.html

On trafficker D.B. Phadera & the Michael Job Centre.

Paper Orphans documentary posted on the web -- PEAR Nepal:

http://pearadoptinfo-nepal.blogspot.com/2011/10/paper-orphans-documentary-posted-on-web.html

The Terre des Hommes/Image Ark documentary on adoption trafficking in Humla (the NCO/Bal Mandir kidnappings). Some Humli children ended up in India -- others in the inter-country adoption trade.

How our media helps sell children (by asking the wrong questions) -- Ushaft's Blog:

http://ushaft.wordpress.com/2011/10/12/how-nepali-media-helps-sell-children/

Andrew Undershaft on the media allies of trafficker Dal Bahadur Phadera.

Adhocism and the culture of press-release journalism (part one) -- Ushaft's Blog:

http://ushaft.wordpress.com/2011/11/08/adhocism-and-the-culture-of-press-release-journalism-part-1/

Andrew Undershaft on Anuradha Koirala's curious support of the traffickers.

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/