Need for legal reform to curb growing human trafficking

Nepal's open border, especially with India, and weak border regulation have increased human trafficking and human smuggling.

Hundreds of Nepalis are in jail due to foreign employment or human trafficking or human smuggling. Some of them are facing problems of food, legal treatment and return home while living abroad. Mainly the family members who are in extreme poverty and economic deprivation, lack of employment are taken across the border under various temptations.

Similarly, cases of foreign nationals being made to engage in sex work in Nepal through trafficking or trafficking, or being exploited as hostages by smugglers in Nepal through the lure of employment in another third country, are coming to the news from time to time. Which confirms that Nepal is not only a source for human trafficking but also a transit and destination country.

Human trafficking or trafficking is happening in some European, South American, American and African countries (in the field of entertainment) in connection with foreign employment.

In connection with foreign employment through India, especially Human trafficking of women sisters has been going on in other countries as well . On the one hand, the restrictive and gender-discriminatory foreign employment policy has also encouraged risky foreign employment and human trafficking and trafficking, while on the other hand, the state has been able to stop the process of going to irregular and risky foreign employment.

It has further increased the risk of fraud, exploitation and security for Nepalis going abroad for employment. Similarly, cases of human trafficking and trafficking of youths and children in India and China are being investigated by the Human Trafficking and Human Smuggling Investigation Bureau of the Government of Nepal.

In the new environment, the use of social media and technology in human trafficking and trafficking from a particular country has made its prevention, repression, and the rescue and return of the victims more complicated and challenging. It aims to prevent, reduce and human trafficking and trafficking without international cooperation and cooperation. It also shows that the rescue and return home of the victims and affected is impossible.

for various reasons In this way, the citizens of different countries who are involved in human trafficking or human smuggling are being subjected to other problems such as being accused of breaking the immigration laws or other laws of that country or being imprisoned for crimes.

The identification, rescue and repatriation of the victims and victims, and the work of justice and compensation and prosecution of the guilty are becoming challenging due to the lack of necessary resources, clear policy and mutual cooperation between the two countries and our lack of active diplomacy .

As Nepali citizens are victims of such human trafficking or human trafficking, so are foreign citizens who are victims of the same and enter Nepal without necessary documents related to passport, visa or travel permit or on the basis of fake details Victims of human trafficking are more vulnerable under the Foreign Nationals Immigration Act, 1992.

On the other hand, due to lack of finances, the victims are unable to appoint legal professionals in different destination countries, which is causing problems in the legal defense of the victims.

When Nepalis are in trouble in the destination and transit countries due to human trafficking and human smuggling and forced labor in the context of foreign employment, their rescue, repatriation and justice and compensation and action against the culprits under which law of which government agency (Ministry of Labour, Ministry of Foreign Affairs, Ministry of Home Affairs) There is no clear arrangement that is responsible.

Some of the legal ambiguity has also been causing problems in the prosecution, investigation, and administration of justice. For example under the current Schedule-55 of the Foreign Employment Act 2064, there are cases of human trafficking in cases such as low payment and different employers/companies and less benefits than stipulated in the contract. Therefore, prosecution, investigation and punishment should be done according to the Human Trafficking and Trafficking (Control) Act, 2064, but this has not been done. Similarly, it is reasonable to keep records of people who cross the borders with Nepal. Due to the lack of system, it is difficult not only to investigate the case but also to file a case against human trafficking and/or smuggling.

Likewise, governments at all levels of the country still have a lot of work to do in terms of immediate rescue of victims and victims of trafficking and trafficking abroad or within Nepal and provision of short-term safe houses abroad and compensation for victims and their long-term family, economic, social integration and emotional and psychosocial health. .

Of course, the most important priority is to prevent its citizens from falling into such problems or eliminate the factors of human trafficking and human trafficking. For that, the state needs effective intervention at the policy and action plan implementation level. Similarly, it is equally important to arrange appropriate laws and structures and resources.

Palermo Protocol and Nepal's existing legal situation

Since June 2020, the government of Nepal has been a party to the Palermo (Trafficking) Protocol, a supplementary article of the United Nations Convention against International Organized Crime, especially to prevent, control and punish the trafficking of children.

So far 182 countries have become parties to this protocol. The Protocol contains an internationally accepted definition of human trafficking that has been adopted by most countries in the world. This protocol provides a common legal basis for laws criminalizing trafficking in different countries . Helps countries deal with crimes that often cross national borders. The inclusion of the Palermo Protocol means that the government of Nepal has to implement this protocol as its national law and for that, it has to make the necessary arrangements for institutional, administrative and judicial structures.

With the approval of this article, Nepal passed various laws, especially Human Trafficking and Trafficking (Control) Act 2064, Foreign Employment Act 2064, Immigration Act 2049, Child Labor (Prohibition and Control) Act 2056, Labor Act 2074, Legal Assistance Act 2054, Mutual Legal Aid Act 2014, Passport Act 2074, Organized Crime Prevention Act 2070, Civil Crimes Code, 2074, Spurdugi Act, 2070, Organized Crime Prevention Act 2070, Criminal Assets and Instruments (Seizure, Control and Confiscation) Act 2070 will be in accordance with the Palermo Protocol. It is necessary to amend/modify and implement. Similarly, since human trafficking and human smuggling are separate subjects, there is a need for the state to create a separate law to prevent human trafficking.

However, due to the frequent change of leadership of the government, ministries and secretaries, lack of ownership in the leadership of new political and staff, the amendment of the Act has been delayed. Some laws and bills are under discussion at the ministry level, some laws have not been discussed on how to make them according to the Palermo Protocol, and some laws have not been significantly amended.

Amendment Bills like the Trafficking in Persons and Traffic (Control) Act, 2007 Amendment Bill, which is about to be introduced in Parliament, have also been bogged down with the change of government. Similarly, the National Policy against Trafficking and Prostitution of Girls and Children 2052 and the new National Action Plan against Trafficking in Women have been prepared, but they have been stopped now. Although there is a need to amend the Foreign Employment Act 2064, which addresses the issue of human trafficking or human smuggling in foreign employment and its environment, there has not been much progress in the draft of the amendment of this Act.

Some suggestions for future steps

First of all, there is a need to submit the amendment bills to the relevant laws originating from various ministries in both houses of the federal parliament as soon as possible and the parliamentarians should discuss the importance, seriousness of the proposed amendments and their possible effects on Nepal and Nepali in the future and give directions for necessary amendments or passing.

Parliamentarians of both Houses, especially the Women and Social Affairs Committee, Industry, Commerce, Labor and Consumer Affairs Committee, International Relations and Tourism Committee, Law, Justice and Human Rights Committee, Implementation Monitoring and Evaluation Committee, need to study thoroughly and adequately.

When discussing the proposed amendments to the above-mentioned laws, it is necessary for the members of the committee and the House to ensure whether they are in accordance with the Palermo Protocol. Otherwise, there is a risk that the bill will be passed just as the proposed amendments were introduced by the ministry's staff and political leadership.

Before amending the Human Trafficking and Trafficking (Control) Act 2064, it is necessary to pass the National Anti-Trafficking Policy so that the laws, strategies, guidelines and action plans and institutional structures necessary to combat human trafficking and provide assistance and services and justice to the victims are the same. Be consistent. The National Policy against Human Trafficking which is becoming a

and the Human Trafficking and Trafficking (Control) Act, 2007 Amendment Bill which is going to be submitted to the Parliament soon. "Human trafficking" and "human smuggling" should be clearly defined internationally according to the Palermo Protocol. Some of these are covered by the latest amendment, but the revised Act needs to include the definition of human trafficking and smuggling from one place to another within the country. Not only in the investigation of

cases but cases against human trafficking and/or smuggling To facilitate registration, the revised Act is expected to include provisions for keeping records of persons crossing international borders.

In the same way, arrangements should be made for immediate rescue of persons caught in human trafficking or human smuggling abroad or within Nepal, as well as short-term safe accommodation (shelter) abroad and compensation for the victims.

Similarly, according to the definition of the Palermo Protocol, enslaving, holding hostages, forced labor, labor exploitation and the practice of slave-servants are crimes of human trafficking, so the existing Child Labor (Prohibition and Control) Act 2056, Labor Act 2074 and the Criminal Code, 2074 Revised If it is necessary to remove the confusion, it is necessary to replace the word 'bardashram' used in the law with the word 'compulsory labour'.

Accordingly, it is necessary to amend the 'National Policy against Child Trafficking and Prostitution 2052', create a new national action plan against trafficking in women, identify, rescue and repatriate human trafficking victims.

There is a need to revise and modify the guidelines for rescue and repatriation of human trafficking victims and make the services and facilities in line with the federal system of Nepal and make all services victim and gender and social and disability friendly. Similarly, the law should also include provisions for immediate rescue of people who have been trafficked and trafficked abroad or within Nepal and compensation for victims of short-term safe houses and human losses abroad.

On the one hand, there is a need to provide free legal assistance from paralegal services within the country, and on the other hand, there is a situation where the governments of the three levels of the state should also arrange the necessary resources for that. For the justice and rights of all Nepalese employed abroad, including victims of human trafficking or trafficking abroad, it is necessary to make a policy arrangement to provide necessary legal assistance to those who cannot get legal treatment abroad through the Nepali diplomatic missions or other responsible agencies of the government.

In the same way, provision should be made for compensation to the victims and those affected, which can be done through amendment or amendment in the Legal Aid Act 2054 and the Foreign Employment Act 2064 . Similarly, in order to obtain legal assistance, it is necessary to initiate a bilateral agreement on mutual legal assistance through diplomatic efforts with countries that have different needs.

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