This study assesses Nepal’s policies and laws that address the trafficking of women and children in terms of effectiveness, human rights, international obligations, and the relationship between trafficking and HIV. Through both formal and informal methods utilizing primary and secondary data, the study reviewed policies and laws related to trafficking, HIV/AIDS, labor and foreign employment, foreign travel and migration, gender, and children’s issues. The study evaluates the strengths and weaknesses of the Nepal’s policies and laws and offers recommendations for improving them.
The following laws and policies are assessed independently and as they relate to Nepal’s international obligations and HIV/AIDS policy:
- The National Policy, Action Plan, and Institutional Mechanism to Combat Against Trafficking in Women and Children for Commercial Sexual Exploitation (2000): Ministry of Women, Children, and Social Welfare (MOWCSW). This document outlines the government’s National Policy on Trafficking, the Action Plan proposed to implement it, and the specific Institutional Mechanisms that are to be set up to sustain the Action Plan.
- Domestic Laws a) Nepal Constitution (specific provisions dealing with trafficking) b) Traffic in Human (Control) Act, 1986 (currently governs the issue of trafficking in Nepal) c) The Foreign Employment Act, 1985
- Law Reform Proposals to amend the Traffic in Human (Control) Act, 1986: a) The Human Trafficking Activities Eradication Act (1999) proposed by the Centre for Legal Research and Resource Development (CeLLRd). b) A Bill Made to Provide for the Elimination of the Offences of Traffic in Persons prepared by the Nepal Police and submitted for consideration on August 9, 1999. c) The Traffic in Human Beings (Offences and Penalties) Act, 1999. This MOWCSW law reform proposal is based on the other two proposals. The MOWCSW draft will be put before Parliament to be enacted into law.