TRAFFICKING IN PERSONS

On Legal Framework, Enforcement and Judicial Responses
Nepal is a state party of major human rights instruments. However, Nepal has yet to be the state
party of UN Protocol on Trafficking 2000; UN Convention on Right of the Migrant Workers and Their
Families, 1990 and ILO Convention 189 on Domestic Workers 2011. Nepal has adopted Human
Trafficking and Transportation (Control) Act 2007 and Regulation 2008. Nepal Police is the law
enforcement agency. It has created Women and Children Service Directorate (WCSD) and Central
Investigation Bureau (CIB) to effectively deal with the trafficking crime. The CIB during the FYs
2013/14 and 2014/15 carried out different raids, arrests through its special programs to combat TIP
especially. Despite these efforts, there is relatively large number of trafficking accused persons
absconded vis-à-vis the arrested persons.
The implementation status of the HTTCA 2007 and Regulations 2008 is basically assessed by drawing
upon the findings of the recent studies (FWLD, 2014; NJA, 2013 and Kunwar, 2014) and regional and
national level workshops organized by NHRC in the year of 2014 and 2015 among the key
stakeholders. It is difficult to assess the implementation status objectively due to the lack of
consolidated data and the assessment is more subjective. 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 analysis reveal that the level of
compliance in relation to definition of offences and investigation is low-to-moderate; ii) provisions
relating to rescue, rehabilitation, and reintegration is low; iii) provisions relating to punishment and
compensation is low-to-moderate and iv) provisions relating to others (award, confidentiality,
formation of committee and security and in-camera hearing) is low-to-moderate.
In FY 2013/14, a total of 1,007 trafficking cases were registered in the Supreme Court, Appellate
Courts and District Courts of Nepal. This accounts for less than one percent of the total cases
(158,699). The Supreme Court of Nepal has time and again ordered the GoN to amend the HTTA
2007, particularly in the following areas: amending the Section 15(6), making compulsory
arrangement to provide the information to the victims, establishing the Compensation Fund, making
compulsory budget for the witness appearing in the court; paying the Daily Service Allowances
incurred for attending the court to the witnesses of the Government cases; and arranging the
security to the victims and informants. The Supreme Court has also issued an order in the name of
MoHA, OAG and Register of the Supreme Court for continuous hearing of the serious nature of the
crimes such as trafficking and rape. Recently, the Legislature-Parliament has amended some Section
of the HTTCA 2007.
The conviction rates of TIP in the courts declines as one move from the district courts to appellate
courts to the Supreme Court. The five-year (2008/09-2013/14) average conviction rate in the
Supreme Court is 33 while it 44 percent in appellate courts and 58 percent in districts courts of
Nepal.
Key challenges in relation to law enforcement and judicial response are to increase the effective
implementation of the Act; increase efforts to enforce the laws; develop the functional capacity and
professional efficiency of prosecutors and judges; increase efforts to maintain the privacy of the
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