June 09, 2015
KATHMANDUÂ â€" The day after the devastating earthquake that killed nearly 9,000 people in Nepal,Â a young dad was feeding a newborn baby in the middle of the night on the tarmac of Kathmandu's airport. Behind him was the aircraft thatÂ the Israeli government hurriedly sentÂ to retrieve its citizens. At the same time, thousands of people were stuck in traffic jams as Nepal's touristsÂ rushedÂ to the airport, trying to flee the country as quickly as possible.
Israeli authorities made it their priority to retrieve the 25 babies born of Nepalese surrogate mothers and their families. The photosÂ of these infants and their parents landing in Tel Aviv on April 27 withÂ radiant smiles on their faces were seen around the world.
In Nepal, nobody even knew that surrogate mothers were giving birth to babies for other families to raise. The subject is a taboo topic, a well-kept secret. There isnâ€™t even a word in Nepalese for â€œsurrogate mother.â€ The only article about that topic in the local press came out in January of this year in theÂ NepaliÂ TimesÂ and includedÂ infographicsÂ and animations to explain how in vitro fertilization works.
The article tells the story of a 27-year-old Indian whose husband left after their first baby wasÂ born. She returnedÂ to her parents' homeÂ and took care of her baby there. "We were so poor there was no money to even feed my baby,"Â she told the reporters.
Her mother suggested that she could make money renting her womb.Â In the slums of Mumbai, middlemen working forÂ surrogacyÂ clinics are legion. They earn $1,000 per birth. The Indian woman was transferred to Nepal and sheltered in a guesthouse paid for by a local clinic. She kept a picture of the child even though the middlemen warned her not to get attached to her baby. "Sometimes when I'm alone, I look at the baby's picture,"Â she said.
An underground business
There are at least 100, probably more, women in this situation in Kathmandu alone, women whose names and faces are unknown. They hide inside guarded buildings. They're provided with room and board, get paid, have access to television, the Internet, English and computer lessons. TheÂ companies that recruit them describe it as "the good life."
But the reality is that these women are cloistered. In March, police raided a little hotel inÂ Thamel, Kathmandu's touristÂ neighborhood, where a few of these women were living.Â People wereÂ gossiping. Rumor had it they were giving birth to blue-eyed,Â white-skinned babies.
Assuming there was some sort of shameful business with Western men going on, neighbors called the police, who were at a loss to understand that the mothers had not had sex with the fathers and that, more often than not, they hadn't even seen them. The agencies thenÂ moved the women to a quieter part of town, away from the city center.
About 10 such companies have started working in Kathmandu overÂ the past year. Some are multinational companiesÂ with branches in South Africa, Mexico, Greece, Poland, Cambodia and China.
India created opportunity
Nepal is one of Asia's poorest countries. There are no highways, littleÂ infrastructure, no health system.Â SurrogacyÂ agencies would probably never have thought to establish themselves there if India hadn't banned them from working for same-sex couples and single people. They made do with Nepal, which has become the new promised land for gays and lesbians.
Nepalese agencies lure clients on the Internet with rates that are about aÂ fourth of the pricesÂ in the United States.Â The packages cost between $35,000 and $65,000. The mothers earn between $5,000 and $6,000 of that, the price of a house in thatÂ part of Asia. The rest goes into the pockets ofÂ doctorsÂ and agencies.
In 2014, an Australian couple sparked worldwide outrage when they refused to take a baby they had ordered, who was born in Thailand with Down's syndrome. Since then, agencies have tried to keep a low profile. "We don't give any interviews," says Ranbeer Singh, head of the Kiran Infertility Center in Kathmandu. But she agreed to offer a few details by email about their work after the earthquake.
"WeÂ had two births in early May, twins for an American couple and twins for an Australian couple," she writes.Â BrianÂ Yaden,Â co-founderÂ ofÂ theÂ FamilyÂ SurrogacyÂ association, also wants to appear reassuring. "All our staff and surrogate mothers are doing fine," he says.Â "Our activities haven't been affected by the earthquake. We're doing business as usual."
Often, agencyÂ telephone numbers listed on theirÂ websites are from India or the U.S. Not a singleÂ agency agreedÂ to let us into their â€œguesthousesâ€ for surrogate mothers.
At one point,Â Medical Tourism Nepal opened an office for the public on the second floor of a small mall. "They closed it down the day after the earthquake,"Â a security guard explains.
Early this year, an in vitro fertilization center opened at Grande Hospital, a modern building just outside the city. There's no equivalent in the whole country to match its 14 stories and rooftop helicopter runway. And yet, it's half empty. Health care there is too expensive for most of Kathmandu's residents. A C-section costs 80,000 Nepalese rupees ($780), roughly nine times the average monthly wage.
Some nurses have seen a "Dr. Rita"Â bring in patients who gave birth to white babies. Hospital chief Dr. Chakra RajÂ PandeyÂ welcomes us into his ground-floor office, where the salmon walls haveÂ deep cracks that he says are merelyÂ cosmetic.
In January, he signed a partnership with Dr. Rita Bakshi, an in vitro fertilization expert who heads a surrogate mothers' clinic in New Delhi. Pandey swears he has no connection whatsoever to that part of her work. "We're benefiting from Dr. Bakshi's expertise in in vitro fertilization," he says. "But that's all I know. When women come to give birth, we don't ask them who the father is."
Before we leave the hospital, a senior manager who witnessed the interview anonymously tells us that â€œour investors are the ones pressuring us for surrogate mothers," because the hospital cost $40 million to build and they want to earn money.
One of Grande Hospitalâ€™s biggest investors is a businessman named Roop Jyoti, one of Nepal's richest men. His grandfather started out by importing Honda and Philips products. Jyotiâ€™s business empire now includes steel, pure oxygen and fabric factories. The Jyoti Groupâ€™s headquarters is situated just next to the Grande City Clinic, a private establishment in the city center that many surrogacy agencies use.
This clinic is officially headed byÂ SahilÂ Gupta, a young Nepalese whose online bio says he quit his job atÂ a New York bank in 2011 to try his hand in the womb-rental business. He didnâ€™t respond to our inquiries, but weÂ soon discovered thatÂ RoopÂ Jyoti, whose name appears nowhere, is the owner of Grande City Clinic. And its real boss.
"I built this clinic to give my country a world-class hospital," JyotiÂ explains, sitting in his conference room. "Nepalese, includingÂ members of my family, go to India or Thailand to get treated. I've spent close to $2 million to bring the best equipment from the U.S., Europe and Japan. We have five private rooms, an infant care unit with six cradles and a specific unit for prematureÂ babies.Â TheÂ wholeÂ conceptionÂ wasÂ supervisedÂ byÂ Bangkok'sÂ greatÂ SamitivejÂ Hospital.â€
JyotiÂ brags about the clinic as he offers a tour. The wooden floors are golden, the marbleÂ grey. The atmosphere is calm and serene. The noise of traffic jams is shut out by the windows'Â double-glazing. The dust from the city doesn't penetrate here.
The businessman can barely hideÂ his enthusiasmÂ forÂ surrogate motherhood. "It's a terrible thing not to have children," he says. "When you adopt, the child doesn't look like you. With surrogate mothers, the childÂ has your blood. The parents are so happy."Â After the humanist speech comes the business reality.
"Surrogate mothers can help develop our medical tourism," he continues.Â "It's good for our economy and our health care system.Â Agencies have brought us a know-how that it would have taken us years to acquire. NowÂ it's up to the government to decide whether they wantÂ surrogateÂ motherhood to develop."
There's no legislation in Nepal regardingÂ surrogacy. It's neither forbidden nor legal. For now, the government has been tolerating it, on the condition that bothÂ adoptive couples and surrogate mothers areÂ foreign. They are recruited by middlemen, or "sellers,"Â in Indian slums, in Bangladesh or on the border between India and Nepal.
The Nepalese call them "Indians"Â because of their dark skin, but they speak Nepalese. Candidates must then pass a medical review.
Surrogate mothers are given a monthly stipend, most of which is put aside to pay for a house or their children's studies. The majority of their the payment comes after they give birth.
They must sign a 10-pageÂ contract written in English, which many aren'tÂ able to read and which lists the requirements of their surrogacy: no tattoos, no sports, no smoking, no alcohol, no drugs, no X-rays and no physical therapy. Finally, they must abandon all claimÂ toÂ the babiesÂ they're expecting.
Public opinion says "no"
"In our culture, women can't have children outside of marriage,"Â says Krishna Gautam, head of the women and children's protection unit at the Nepalese national police. "To carry a baby for another couple is similar to human trafficking,"Â he says.
The policeÂ opposition to surrogacy reflects public opinion. Women have no rights in this patriarchal society.
Faced with these opposing pressures, the government is trying to play for time. "Nothing's been decided concerningÂ surrogacy,"Â says a Ministry of HealthÂ spokesman.Â "We're thinking about creating aÂ committee, but everything's been postponed due to the earthquake."
On itsÂ website, the American Embassy published instructions for its citizens. Adoptive parents shouldÂ make sure that the doctor doesn't write the biological mother's name on the child's birth certificate. Couples should also use DNA test kits to prove their blood relationshipsÂ to the babies.
It doesn't work every time, though. In January 2014, a Nepalese court ruled that the adoptive parents and a surrogate mother who wanted to keep the daughter she deliveredÂ had "equal rights."
Still, demand from foreign couples continues to rise. "I've lost count of how many requests I get every month,"Â says 23-year-oldÂ PreetiÂ Bista, whoÂ headsÂ New Life's Nepalese branch.Â "About 50, maybe? They come from all over the world: United States, Australia, Britain, Ireland, Sweden, Japan, Taiwan." She has an American education, speaks perfect English and has big ambitions. Her mother is a women's rights advocate.
"When I told her about New Life, my mother reacted badly," she recalls. "I managed to convince her that we were making people happy and that it was good for women here. They earn 10 times more money by renting out their wombs than with a housemaid job."
She has recruited six surrogate mothers from Bangladesh. The earthquake left them terrorized, but sending them back home isn't an option. They must stay in Nepal until the birth. Bista is convinced she embodies modernity for Nepal, like an open door to the Western world.
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Once meant to protect the royal family, the century-old law has become a tool for the military-led government in Bangkok to stamp out all dissent. A new report outlines the abuses.
October 22, 2021
"We need to reform the institution of the monarchy in Thailand. It is the root of the problem." Those words, from Thai student activist Juthatip Sirikan, are a clear expression of the growing youth-led movement that is challenging the legitimacy of the government and demanding deep political changes in the Southeast Asian nation. Yet those very same words could also send Sirikan to jail.
Thailand's Criminal Code 'Lèse-Majesté' Article 112 imposes jail terms for defaming, insulting, or threatening the monarchy, with sentences of three to 15 years. This law has been present in Thai politics since 1908, though applied sparingly, only when direct verbal or written attacks against members of the royal family.
But after the May 2014 military coup d'état, Thailand experienced the first wave of lèse-majesté arrests, prosecutions, and detentions of at least 127 individuals arrested in a much wider interpretation of the law.
The recent report 'Second Wave: The Return of Lèse-Majesté in Thailand', documents how the Thai government has "used and abused Article 112 of the Criminal Code to target pro-democracy activists and protesters in relation to their online political expression and participation in peaceful pro-democracy demonstrations."
Criticism of any 'royal project'
The investigation shows 124 individuals, including at least eight minors, have been charged with lèse-majesté between November 2020 and August 2021. Nineteen of them served jail time. The new wave of charges is cited as a response to the rising pro-democracy protests across Thailand over the past year.
Juthatip Sirikan explains that the law is now being applied in such a broad way that people are not allowed to question government budgets and expenditure if they have any relationship with the royal family, which stifles criticism of the most basic government decision-making since there are an estimated 5,000 ongoing "royal" projects. "Article 112 of lèse-majesté could be the key (factor) in Thailand's political problems" the young activist argues.
In 2020 the Move Forward opposition party questioned royal spending paid by government departments, including nearly 3 billion baht (89,874,174 USD) from the Defense Ministry and Thai police for royal security, and 7 billion baht budgeted for royal development projects, as well as 38 planes and helicopters for the monarchy. Previously, on June 16, 2018, it was revealed that Thailand's Crown Property Bureau transferred its entire portfolio to the new King Maha Vajiralongkorn.
Protestors In Bangkok Call For Political Prisoner Release
Freedom of speech at stake
"Article 112 shuts down all freedom of speech in this country", says Sirikan. "Even the political parties fear to touch the subject, so it blocks most things. This country cannot move anywhere if we still have this law."
The student activist herself was charged with lèse-majesté in September 2020, after simply citing a list of public documents that refer to royal family expenditure. Sirikan comes from a family that has faced the consequences of decades of political repression. Her grandfather, Tiang Sirikhan was a journalist and politician who openly protested against Thailand's involvement in World War II. He was accused of being a Communist and abducted in 1952. According to Sirikhan's family, he was killed by the state.
The new report was conducted by The International Federation for Human Rights (FIDH), Thai Lawyer for Human Rights (TLHR), and Internet Law Reform Dialogue (iLaw). It accuses Thai authorities of an increasingly broad interpretation of Article 112, to the point of "absurdity," including charges against people for criticizing the government's COVID-19 vaccine management, wearing crop tops, insulting the previous monarch, or quoting a United Nations statement about Article 112.
Activist in front of democracy monument in Thailand.
Shift to social media
While in the past the Article was only used against people who spoke about the royals, it's now being used as an alibi for more general political repression — which has also spurred more open campaigning to abolish it. Sirikan recounts recent cases of police charging people for spreading paint near the picture of the king during a protest, or even just for having a picture of the king as phone wallpaper.
The more than a century-old law is now largely playing out online, where much of today's protest takes place in Thailand. Sirikan says people are willing to go further on social media to expose information such as how the king intervenes in politics and the monarchy's accumulation of wealth, information the mainstream media rarely reports on them.
Not surprisingly, however, social media is heavily monitored and the military is involved in Intelligence operations and cyber attacks against human rights defenders and critics of any kind. In October 2020, Twitter took down 926 accounts, linked to the army and the government, which promoted themselves and attacked political opposition, and this June, Google removed two Maps with pictures, names, and addresses, of more than 400 people who were accused of insulting the Thai monarchy. "They are trying to control the internet as well," Sirikan says. "They are trying to censor every content that they find a threat".
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