TRAFFICKING IN PERSONS

6.3 Implementation Status of Human Trafficking and Transportation (Control) Act 2007
The implementation status of the Human Trafficking and Transportation (Control) Act 2007 and
Trafficking and Transportation (Control) Regulations 2008 is basically assessed by drawing upon the
findings of the recent studies discussed belowe and workshops organized by NHRC among the key
stakeholders.
• FWLD (2014) carried out a study to examine the implementation status of the HTTA 2007
utilizing both quantitative and qualitative information. In addition to the key informant
interviews and desk reviews, the study analyzed 22 decisions of courts on human trafficking
that were filled after the adoption of the Act on 2007. The decisions were from the district
courts of Sindhupalchok, Kathmandu, Sindhuli, Nuwakot, Makwanpur, Kavre and
Sankhuwasabha. The study also monitored 31cases of human trafficking between October
2012 and June 2013 in five districts courts where CTIP project has been implemented
(Kathmandu, Kanchanpur, Sindhupalchok, Makwanpur, Kavre).
• National Judicial Academy, NJA (2013) carried out a study about the human trafficking cases
disposed by the Supreme Court in between 2007 and 2012 in order to identify the factors
affecting on conviction or acquittal of the cases and learn how to effectively carry out
prosecution and court proceeding in future. A total of 120 judgments have been studied. The
cases were registered under the Human Trafficking (Control) Act 1985 and HTTA 2007.
• Kunwar, T (2014) reviewed very extensively the human trafficking laws and also the
implementation status of the provisions and measure of the HTTA 2007 and sumbitted to
NHRC.
• NHRC organized two regional level workshops about the implementation status of HTTA
2007 and its reassessment held in Taulihawa, Kapilbastu in December 17, 2014 and in
Birtamod, Jhapa in December 23, 2014. The participants comprised of Government
advocates, Nepal Police, WCSC, Women and Development Offices including NGOs. In the
workshop of Taulihawa, the participants from Nawalparasi, Rupandehi, Kapilbastu, Gulmi,
Arghakhanchi and Kapilbastu were present. In Birtamod, participants came from Sunsari,
Morang, Jhapa, Dhankuta, Panchathar and Illam. The workshop was led by the Hon’ble
Commissioner of NHRC – Mrs. Mohana Anshari and the officers of NHRC at the central and
regional offices. Altogether, there were 88 participants in the two workshops (for a detail
output of the workshop is presented in Appendix 6.1).
It is difficult to assess the implementation status of human trafficking Act/Regulation objectively due
to the lack of consolidated data. Thus, assessment will be more subjective rather than objective.
Drawing on the methodology of assessment applied by the previous National Reports of OSRT-NHRC
(2009 and 2011), the level of compliance is assigned as low, low-to-moderate and moderate. Low
compliance refers to the conditions in which provisions embodied in the Act/Regulation have not
been implemented at all or implementation is highly unsatisfactory. Low-to-moderate level of
compliance is defined as the movement towards satisfactory conditions. Moderate compliance
refers to the conditions in which provisions have not been fully realized but they are at the state of
satisfactory level.
The provisions enriched in Act/Regulation can be discussed into four categories and the
Government’s level of compliance for each category is summarized in Box 6.1.
Box 6.1 Government of Nepal’s compliance with HTTA 2007 and Regulation 2008
Provisions in the Act/Regulation
Government’s level of compliance
Provisions relating to definition of offences and investigation Low-to-moderate
Provisions relating to rescue, rehabilitation, and reintegration Low
Provisions relating to punishment and compensation
Low-to-moderate
Provisions relating to others (award, confidentiality, formation of Low-to-moderate
committee and security and in-camera hearing).
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