Trafficking

Trafficking in human beings, especially women and children, for commercial and sexual exploitation is a long-standing tragedy in Nepal . Gender discrimination, poverty, illiteracy and unemployment render large number of women and girls vulnerable to trafficking and sexual exploitation. According to estimates, 5,000 to 7,000 women and girls are trafficked every year, ending up as sex workers or domestic servants, primarily in India and the Middle East .   And according to an ILO study, 12,000 children are trafficked every year from Nepal . In addition to trafficking of women and children, boys are also trafficked. Trafficking is a multi-dimensional issue. It is a gender problem because unequal power relations reinforce women's secondary status in society. It is an economic problem because the vast majority of women, seeking to escape poverty, are lured into trafficking by false promises of economic gain. Trafficking is a health problem because women and children who are trafficked are at risk for HIV &AIDS infection. It is a legal problem because law enforcement is generally ineffective. Victims lack access to the justice system and are denied redress for the crimes committed against them.   Finally, a series of human rights violations take place during trafficking. These violations highlight Nepal 's lack of compliance with international conventions that protect women and children from exploitation.

Trafficking in human beings, especially that of women and children for commercial sexual exploitation is a tragic and long prevailing problem for this country. In 1986, a specific law was enacted with special mechanisms, such as burden shifting and extraterrestrial jurisdiction, designed to improve efforts to combat trafficking. However, even after enactment of this supposedly potent weapon against trafficking, there has been no significant improvement in the enforcement of the law. Despite national attention on trafficking, the number of the cases registered compared to the numbers of women and girls reported to have been trafficked is significantly low. Even where cases are initiated, women are not able to get justice. The state has not been able to protect the rights of women against these severe forms of exploitation.

Trafficking has not got the kind of focused attention that it requires.

Trafficking in human beings in Nepal being one of our principal concerns and with an aim to eliminate trafficking of women and children in Nepal, FWLD conducted a study “ Effectiveness of Existing Laws and Institutional Mechanism to Combat Trafficking in Women and Children in Nepal ” from May 2001 through August 2001 and the updated data was gathered in the year 2003 and 2004. The goal of the study was to examine the existing laws and institutional mechanisms to combat trafficking in women. The specific objectives were:

• To review and identify gaps in the existing laws and policies relating to human trafficking control
  
  
• To examine the relevance of different national and international initiatives including: The Human Trafficking (Control) Bill (2001); The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2000); The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) and The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000), supplementing United Nations Convention against Transnational Organized Crime
  
  
• To assess the effectiveness of the institutional mechanisms dealing with human trafficking, especially the court, the government attorney and the police
  
  
• To make recommendations to improve the effectiveness of the legal framework and institutional mechanisms to control trafficking in women and children and rehabilitate victims of trafficking

FWLD team was involved in the study “ Status and Dimensions of Trafficking Within Nepalese Context ” First Edition, March 2004 conducted by IIDS and UNIFEM. FWLD contributed by providing significant legal write-up on the laws on anti-trafficking. The objectives of the study were:

Specific objectives under broad objective 1:

• To prepare detailed profiles of NGOs, INGOs, bilateral and multilateral donor agencies working in anti-trafficking initiatives
• To study the initiatives and programs of various organizations and agencies to combat trafficking
• To study the government's response to the issue: plans and policies, laws and enforcement, conversations and treaties and other anti-trafficking interventions
• To study the formal and informal efforts towards cross – border collaborations
• To collect information on the rehabilitation and reintegration programs for trafficked survivors
• To collect information on the global, regional and national-level networks
• To prepare and analyze a database on training and information resources and facilities available in this regard
• To prepare a profile of human resource involved in this area, and
• To study other classified stakeholders through informal sources

Specific objectives under broad objective 2:

• To analyze various dimensions to trafficking
• To explore causes related to supply and demand side issues
• To review and analyze the gaps in policies, laws and enforcement and program interventions to combat trafficking in women and children, and
• To make recommendations to fill the gaps between policies and programs and their effective implementation

For details please contact us

Human Trafficking (Control) Bill (in pdf)