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‘Jurisdiction overlap hinders prosecution’ human trafficking

Human traffickers have been skirting the law by making the most of the jurisdiction overlap in Human Trafficking and Transportation Control Act (HTTCA) and Foreign Employment Act (FEA), says a report published by Forum for Women, Law and Development (FWLD).
 
The fourm has pointed out that trafficking in the name of employment has made the subject of trafficking complex since the victims who land in foreign land through illegal channel rarely get justice. And even if they do, the forum has said, the perpetrators get treated under the FEA and get small sentence.
 
The report made on the basis of 119 cases of women trafficking. According to the report, only six percent of the women had gone abroad through formal channel for employment. 
 
However, when it came to filing complaints 19 percent of them had filed their complaints at the Department of Foreign Employment, because of the confusion surrounding the two Acts, both empowered to deal with trafficking cases. 
 
The report further states that 63 percent of the perpetrators were released on bail and 18 percent were jailed after finding them guilty of trafficking in the name of employment. 
 
Stakeholders claim the trend of human trafficking cases being treated as a felony concerning foreign employment is rising and there should be a clear distinction as to which of the two Acts should treat what nature of case. “Earlier human trafficking was solely related to sex, but now it is linked with foreign employment and it has become necessary to incorporate trafficking and foreign employment Acts, so justice process becomes easier,” said Advocate Meera Dhungana. 
 
Trafficking has now drifted to foreign employment and stakeholders state that the Ministry of Women, Children and Social Welfare and the Ministry of Labour and Employment should coordinate with each other to provide prompt justice to the victims. Even the United Nations Trafficking in Person (TIP) protocol, has suggested that Nepal has problems investigating human trafficking cases due to lack of proper mechanisms. 
8 held on suspicion of trafficking
 
MAHOTTARI: Police detained eight persons, including five girls, on suspicion of human trafficking from Malibara at Nepal-India border in the district on Monday. 
 
The detainees, aged 17 to 19, were nabbed while they were heading to India. Investigating officers have been interrogating them to see if the girls were being trafficking to India. The three men claimed to be workers of a local club and told the police that they were heading to attend a wedding in Birgunj, Parsa.
 
They claimed that they were rounded up on their way to India as they had taken an alternative route due to the obstruction on the Nepal side. 
 
Police suspected their motive of using the Indian route instead of the easier Sunsari-Siraha way to reach Birgunj. DSP Binod Silwal said their guardians have been informed about their arrest. (PR)
 
Published on: 29 December 2015 | The Kathmandu Post
 

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