TRAFFICKING IN PERSONS

Despite these efforts, it was also evident that the many accused could not be arrested for
investigation. It is also said that due to the provision of burden of proof that sometimes police are
reluctant in registering FIRs as they feel that cases are often fabricated and that registering the FIR
risks implicating innocent individuals. The workshop participants of NHRC in Jhapa and Kapilbastu
argued that current 25 days of investigation period is inadequate and it needs to be extended at
least 60 days. It is known that the incomplete investigation leads to incomeplete prosecution, which
affects to adjudication.
In relation to rights to keep separate legal practitioners, the level of compliance can be said as
moderate given the large number of NGOs involved in providing the legal services to the victims. As
discussed in Chapter 4, free legal service to the victims in relation to foreign employment is
provided, for example, by PPR Nepal, People’s Forum and Pourakhi and others. Despite such
provisions, it is reported that most victims are not aware of this provision. This is because the HTTCA
2007 does not specify who is responsible for raising the awareness about the laws althoguh the NPA
on Controlling Human Trafficking has identified the responsible agencies.
In relation to provision of translators and interpretators, the level of compliance can be said low.
Drawing the case from FWLD (2014), it was found that a roster of translators/interpreters has not
been maintained by courts. For example, in Baitadi, a translator was needed for the case
proceedings, but the judge did not know where to find a translator and DCCHT did not have a roster
of translators.
Box 6.2 Provisions relating to offences and investigation
Provisions in the Act/Regulation
Sec 4, Definition of trafficking:
Sec 5, Reporting: anyone may report a
crime of human trafficking to the
nearest police station, and that the
confidentiality of the informants must
be maintained during this reporting
Sec 7, Arrest and investigation: set
some special criteria for carrying out
investigation at any time
Sec 10, Right to keep separate legal
practitioner: a victim is allowed to
keep additional legal professionals
such as legal aid or private lawyers in
cases of state-related crimes
Sec 11, Provisions of translator and
interpreter: the victim has a right to a
translator and interpreter. The
individual unable to understand the
official language is to request to
District Committee for a translator
Government’s level of compliance
Moderate-to-high - The Act has broadened the definition of
trafficking detailing out the means and purpose of trafficking and
transportation. There are examples that Nepal’s courts have
used to prosecute cases of illegal organ extraction and labor
exploitation as human trafficking. Yet the definition of TIP does
not explicitly include forced labor and migration as TIP.
Low: As there are far lower number of TIP cases registered in
Nepal Police as compared to the guestimated number of TIP
cases. This happens because of weak victim and witness
protection system.
Low-to-moderate: It is difficult to arrest perpetrators who are
outside of Nepal. There is lack of bilateral cooperation which
would facilitate investigation. FIRs are often registered only after
the pressure of the public and the 25 days limit in investigation
before a case is to be filed in court is not long enough for cases
of human trafficking.
Moderate - There are several NGOs that support for the victims
of trafficking for court procedure. However, most victims are not
aware of this provision and in instances where they are, they are
unable to afford a private lawyer.
Low: This is because there is no list of interpreters or translators,
no clear guideline for the selection of interpreters and most
CDOs are unaware of the provision at all.
Drawing on the feedback from the regional workshop held in Kapilbastu organized by NHRC, the
following are the key challenges for effective investigation and prosecution of the trafficking cases:
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