Nepal: Human traffickers take advantage of young Nepalese civilians to fight in the Russia-Ukraine war

14-03-2024

Pauliina Majasaari

East Asia Team Researcher, 

Global Human Rights Defence.

Atit Chettri, a 25-year-old man from Nepal was looking for a better life in Europe and aimed at travelling to Portugal, however, he had no possibility of accessing Europe. This changed after he saw a Tik Tok video of Nepalis being recruited to the Russian army, considering it an opportunity to make his way to Portugal.[i] A human trafficker responded to his inquiry, asking for $9,000 for the smuggling and assuring him that he would receive a salary of about $3,000 per month, with perks and bonuses, as well as Russian citizenship for him and his family.[ii] He had a flight to Moscow on October 21st, 2023.[iii] According to Chettri, once in Russia, the recruited Nepalis received almost no training, despite the human traffickers' promise that they would be enrolled in a three-month training program.[iv]

The Russian army has been recruiting foreign fighters as soldiers for the Russia-Ukraine war, with needs to amplify the size of its army.[v] Many Nepalese men seek the opportunity to participate in the war as it pays well and the economic situation in Nepal is forcing people to look for employment elsewhere.[vi] However, it is illegal for Nepalese men to be recruited to the Russian army, as the participation in a foreign military is only allowed if there is a government agreement in place, which Nepal only has with Britain and India.[vii] Nepal has therefore prohibited its citizens from working in Russia or Ukraine in an attempt to prevent Russian army recruitments. The government of Nepal is also trying to negotiate with Russia diplomatically about the immediate return of its citizens and the bodies of the deceased and receiving compensation for the families of those killed in the fighting.[viii] However, the Russian embassy in Kathmandu has not responded to the requests of the Nepali government.[ix] Additionally, Nepal has arrested 12 gang members who are suspected of smuggling Nepalese people and forcing their participation in the Russian-Ukraine war, as well as illegally charging them thousands of dollars and promising them tourist visas, while in reality they were recruited into the army.[x]

The definition of human trafficking is set out by article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (The Palermo Protocol).[xi]  According to this protocol, human trafficking entails the recruitment and transferring of persons by means of coercion and deception for the purpose of exploitation, which can take the form of forced labour for example.[xii] Forced labour is defined by article 2(1) of the Forced Labour Convention (no. 29) as work that is exacted from a person under any penalty for which the person has not made a voluntary commitment to.[xiii] Furthermore, according to article 4, the Palermo Protocol covers situations which are transnational in nature, including offences that are committed in more than one state. These might involve an organised criminal group, which is defined as a structured group committing serious crimes and offences, such as human trafficking, in order to receive financial gain amongst others.[xiv] Additionally, article 8 of the Palermo Protocol ensures that the State for which the victim of trafficking is a national must facilitate the return of the person without undue or unreasonable delay. Under article 3 of the Protocol to the Forced Labour Convention, the State in which the victim of human trafficking is present is obliged to release and return the victim to the state of his nationality.[xv]

Since the human trafficking occurring in Nepal and Russia is of a transnational nature, the obligations set out by the Palermo Protocol apply to both states. The activities of the traffickers are taking place in Nepal, by agents transferring persons to Russia and in Russia, by having agents take care of problems with immigration services and participating in attempts to leave the war zone.[xvi] Moreover, the Nepalese gang that is suspected of being responsible for the trafficking is considered to be a structured group who is receiving financial gain, about $9 000 per person for smuggling persons to Russia.[xvii] Therefore, many of the Nepalese men recruited to the Russian army are victims of human trafficking, in line with article 3 of the Palermo Protocol, for the following reasons.[xviii] Firstly, the men from Nepal have been recruited and transferred from Nepal to Russia by deception, in particular, the promise of a tourist visa in Russia, while in reality they were recruited to the Russian army.[xix] Secondly, these Nepalese men have been exploited into forced labour, since they are restricted by their tourist visa and therefore cannot leave their post in Ukraine, or they will be punished by violence and arrest. Moreover, many have not received the promised payments for fighting in the war.[xx] Therefore, as stated under article 8 of the Palermo Protocol, Nepal is obliged to facilitate the return of its nationals from Russia. While Nepal has tried to negotiate with Russia for the return of its nationals fighting in the war, Russia has not responded to the requests of the Nepal government, contrary to article 3 of the Protocol to the Forced Labour Convention.

Russia is urged by the government of Nepal to return the victims of human trafficking to Nepal to abide by the obligations set out by the Protocol to the Forced Labour Convention as well as provide compensation to the families of the deceased in the war of Nepali origin.[xxi]

[i] Samik Kharel, ‘‘Want to go home’: Nepalis fighting for Russia in Ukraine describe horrors’ (Al Jazeera, February 10th 2024) <https://www.aljazeera.com/features/2024/2/10/want-to-go-home-nepalis-fighting-for-russia-in-ukraine-describe-horrors> accessed March 13th 2024.

[ii] ibid.

[iii] ibid.

[iv] ibid.

[v] Thomas O Falk, ‘Ukraine war: Why is Russia encouraging foreign fighters to join?’ (Al Jazeera, March 23rd 2022) <https://www.aljazeera.com/news/2022/3/23/russias-foreign-fighters> accessed March 13th 2024.

[vi] Paavan Mathema, ‘‘There to die’: Nepali mercenaries fight for Russia in Ukraine’ (The Japan Times, February 12th 2024) <https://www.japantimes.co.jp/news/2024/02/12/world/politics/nepali-mercenaries-russia-ukraine/> accessed March 14th 2024.

[vii] ibid.

[viii] ibid; Samik Kharel (n i).

[ix] Paavan Mathema (n vi).

[x] ‘Nepal arrests people smugglers supplying Russia’s army in Ukraine’ (Al Jazeera, December 6th 2023) <https://www.aljazeera.com/news/2023/12/6/nepal-detains-10-over-allegations-they-sent-citizens-to-russian-army> accessed March 14th 2024.

[xi] Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (adopted15 November 2000, entered into force 25 December 2003) 2237 UNTS 319 (The Palermo Protocol).

[xii] ibid, article 3.

[xiii] Forced Labour Convention (no. 29) (adopted 28 June 1930, entered into force 1 May 1932) 39 UNTS 55.

[xiv] The Palermo Protocol.

[xv] Protocol of 2014 to the Forced Labour Convention (n 29) (adopted 11 June 2014, entered into force 9 November 2016) 3175 UNTS 612.

[xvi] ibid.

[xvii] Samik Kharel (n i).

[xviii] The Palermo Protocol.

[xix] ‘Nepal arrests people smugglers supplying Russia’s army in Ukraine’ (n x).

[xx] Samik Kharel (n i).

[xxi] ‘Bringing back Nepalis serving in Russian army difficult: Foreign minister’ (The Kathmandu Post, March 13th 2024) <https://kathmandupost.com/national/2024/03/13/bringing-back-nepalis-serving-in-russian-army-difficult-foreign-minister> accessed March 14th 2024.