TRAFFICKING IN PERSONS

Chapter 2
Situation of Trafficking in Persons
This Chapter reviews the situation of trafficking in persons (TIP) in the FYs of 2013/14 and 2014/15.
It analyzes the number, process, purpose of trafficking; characteristics of trafficked survivors,
offenders and imprisoned traffickers; and different emerging forms of trafficking like inter-country
adoption, marriage and illegal human organ extraction. There is a gray area between trafficking and
foreign employment, which is discussed in Chapter 4.
Trafficking is a complex phenomenon involving multiple determinants of trafficking. Poverty is only
one determinant; there are poverty plus determinants such as loss of parents, lack of awareness
among vulnerable groups, low levels of education, gender discrimination, rapid urbanization, false
promises and beliefs and lack of employment opportunities in the country. Trafficking takes place in
both inside the country and outside the country mainly to India, Malaysia and Gulf countries – and it
appears that there is a nexus between foreign labor migration and trafficking. Trafficking takes place
for different purposes such as for commercial sexual exploitation, forced labor, bonded labor, worst
forms of child labor, forced marriage and illegal human organ removal. Vulnerability of trafficking
has increased after Nepal experienced massive earthquakes of April and May 2015, which is
discussed in detailed in Chapter 3.
This Chapter starts by discussing the nature of data/information available to assess the situation of
trafficking in Nepal.
2.1 Assessing the Existing Counter-Trafficking Database Systems in Nepal
Assessing the situation of TIP is difficult task as there is no a systematic and centralized countertrafficking
database system in Nepal. Data are produced by different organizations for their own
purpose of use. The methods of collection and compilation, definition, coverage and reference
period vary. The existing database system, however, can be divided into five categories based on the
nature of problem:
Law Enforcement Status – Nepal Police is the key law enforcement agency. Under it, Women and
Children Service Directorate/Centers (WCSD/C), Interpol and Central Investigation Bureau (CIP) are
the key Police units that produce data on law enforcement on TIP. The WCSD/C produces data on i)
number of trafficking cases registered, number of trafficking survivors by sex, number of persons
involved in the crime, purpose of trafficking and destination of trafficking. Interpol maintains records
of i) number of complaints received for missing persons at abroad and ii) number of persons
repatriated. CIB maintains records of number of offenders arrested, number of raids made and
number of trafficked survivors rescued.
Prosecution and Adjudication Status – The Annual Reports of Supreme Court and Office of the
Attorney General (OAG) are the prime sources of obtaining data on the cases of prosecution and
adjudication on TIP. The Annual Report of OAG provides information on number of trafficking cases
disposed, convicted, acquitted and pending in each layered courts of Nepal in a fiscal year. But the
Report fails to provide information on trafficking cases according to the fine awarded and/or number
of years’ imprisonment. The Annual Report of the Supreme Court provides information on number
of trafficking cases registered and running in each layered courts of Nepal and number of convicted
persons in imprisonment by gender, nationality child/aged/disabled persons/adult. However, the
Report does not provide data on judgment status - acquittal or conviction and number of years of
imprisonment and fine awarded.
Protection Status of Trafficked Survivors and Persons Vulnerability to Trafficking – The key sources
of data for assessing the protection status of trafficked survivors and those at vulnerable to
trafficking are different NGOs particularly working exclusively on anti-trafficking activities, safe
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