TRAFFICKING IN PERSONS
397604438Trafficking_in_Persons_National_Report_2013-15
397604438Trafficking_in_Persons_National_Report_2013-15
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On Legal Framework, Enforcement and Judicial Responses<br />
Nepal is a state party of major human rights instruments. However, Nepal has yet to be the state<br />
party of UN Protocol on Trafficking 2000; UN Convention on Right of the Migrant Workers and Their<br />
Families, 1990 and ILO Convention 189 on Domestic Workers 2011. Nepal has adopted Human<br />
Trafficking and Transportation (Control) Act 2007 and Regulation 2008. Nepal Police is the law<br />
enforcement agency. It has created Women and Children Service Directorate (WCSD) and Central<br />
Investigation Bureau (CIB) to effectively deal with the trafficking crime. The CIB during the FYs<br />
2013/14 and 2014/15 carried out different raids, arrests through its special programs to combat TIP<br />
especially. Despite these efforts, there is relatively large number of trafficking accused persons<br />
absconded vis-à-vis the arrested persons.<br />
The implementation status of the HTTCA 2007 and Regulations 2008 is basically assessed by drawing<br />
upon the findings of the recent studies (FWLD, 2014; NJA, 2013 and Kunwar, 2014) and regional and<br />
national level workshops organized by NHRC in the year of 2014 and 2015 among the key<br />
stakeholders. It is difficult to assess the implementation status objectively due to the lack of<br />
consolidated data and the assessment is more subjective. The level of compliance is assigned as low,<br />
low-to-moderate and moderate. Low compliance refers to the conditions in which provisions<br />
embodied in the Act/Regulation have not been implemented at all or implementation is highly<br />
unsatisfactory. Low-to-moderate level of compliance is defined as the movement towards<br />
satisfactory conditions. Moderate compliance refers to the conditions in which provisions have not<br />
been fully realized but they are at the state of satisfactory level. The analysis reveal that the level of<br />
compliance in relation to definition of offences and investigation is low-to-moderate; ii) provisions<br />
relating to rescue, rehabilitation, and reintegration is low; iii) provisions relating to punishment and<br />
compensation is low-to-moderate and iv) provisions relating to others (award, confidentiality,<br />
formation of committee and security and in-camera hearing) is low-to-moderate.<br />
In FY 2013/14, a total of 1,007 trafficking cases were registered in the Supreme Court, Appellate<br />
Courts and District Courts of Nepal. This accounts for less than one percent of the total cases<br />
(158,699). The Supreme Court of Nepal has time and again ordered the GoN to amend the HTTA<br />
2007, particularly in the following areas: amending the Section 15(6), making compulsory<br />
arrangement to provide the information to the victims, establishing the Compensation Fund, making<br />
compulsory budget for the witness appearing in the court; paying the Daily Service Allowances<br />
incurred for attending the court to the witnesses of the Government cases; and arranging the<br />
security to the victims and informants. The Supreme Court has also issued an order in the name of<br />
MoHA, OAG and Register of the Supreme Court for continuous hearing of the serious nature of the<br />
crimes such as trafficking and rape. Recently, the Legislature-Parliament has amended some Section<br />
of the HTTCA 2007.<br />
The conviction rates of TIP in the courts declines as one move from the district courts to appellate<br />
courts to the Supreme Court. The five-year (2008/09-2013/14) average conviction rate in the<br />
Supreme Court is 33 while it 44 percent in appellate courts and 58 percent in districts courts of<br />
Nepal.<br />
Key challenges in relation to law enforcement and judicial response are to increase the effective<br />
implementation of the Act; increase efforts to enforce the laws; develop the functional capacity and<br />
professional efficiency of prosecutors and judges; increase efforts to maintain the privacy of the<br />
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