Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

E-Bulletin (Vol 76-77)

1-30 April 2007

Past Volumes

 

News

   

Feature Article

   

KSL announces admission opens in M.A aprograms for the academic session 2007-08.

M.A Programs:

Human Rights/ Conflict and International Humanitarian Laws

Date for submission of Application form: End week of April
 

 (for more detail click here)

News

       
Resolutions passed by Constituent Assembly National Conference

First National Conference (April 23 and 24, 2007) on Strengthening Public Awareness, Participation and Accountability in Constituent Assembly Process in Nepal, a project being implemented under Coalition for Constituent Assembly Support (CoCAS), with the objective of conducting civic and voters' education in all 5 Development Regions of Nepal, in the presence of eminent personalities of civil society working in different organizations, experts in different fields and Constituent Assembly Partners, on first anniversary of people's movement II, remembering and paying due respect to all martyrs, has passed the following resolution unanimously to be incorporated in the new constitution being made through the Constituent Assembly:

  1. Administrative powers of federal union and state should be clearly incorporated in the constitution and the residuary power should be vested upon the central authority.

  2. The system of governance should be democratic, inclusive, and proportionately represented based on caste, language, culture. The specific identity related to caste, language and culture should be given due consideration while determining political boundaries of the units.

  3. Constitution should incorporate the provision that every state or province should adopt autonomous local governance system.

  4. Constitution of upper house based on caste, language and population should be done through proportional election system. Proportional election system based on voters' population to constitute lower house should be given due importance. There should be constitutional guarantee of inclusiveness of those classes, castes and communities who could not be included based on proportional representation.

  5. Economic, social and cultural development rights should be guaranteed as fundamental rights in the constitution.

  6. There should be constitutional guarantee of participation of backward minority and marginalized classes in every state institution with special provisions regarding right to education and health.

  7. Devolution of powers and restructuring of the state should be done giving due consideration to various classes of people.

  8. There should be constitutional guarantee of inner-party democracy in political parties. Restructuring of political parties should be initiated based on the principle of proportionate inclusiveness.

  9. Political parties should play the role for disseminating the ideas relating to constitutional assembly election.

  10. Political parties should declare the date of constituent assembly election taking it as a mission in cooperation with all contributing parties in people's movement, not making it as the subject matter of personal gain.     

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National Conference on Strengthening Public Awareness, Participation, and Accountability in Constituent Assembly Process in Nepal

CeLRRd organized National Conference on Strengthening Public Awareness, Participation and Accountability in the Constituent Assembly process in Nepal as a part of CoCAS project (Coalition for constituent Assembly Support). CoCAS is funded by the ‘Rights, Democracy and Inclusion Fund’ (RDIF). CoCAS members are CeLRRd, Pro Public IGD, and FWLD and it is working for the value neutral advocacy of constituent assembly. The Conference was organized on 23 and 24 April 2007 at Hotel Malla in participation of dignitaries from different walks of life.

The inauguration Session was chaired by Assoc. Prof. Yubaraj Sangroula, KSL who is Rotational Chair of the CoCAS. Rt. Hon'ble Speaker Subash Nemwang, Interim Parliament attended the program as Chief Guest. Similarly, experts and dignitaries from different fields Prof. Yash Pal Ghai, Constitutional Expert, Mr. Taranath Dahal, Chairperson of RSS, Krishnajung Rayamajhi, Former Justice of Supreme Court, Mr. Nawaraj Subedi, Member of Parliament, Dr. Sudha Sharma, Ex- President of Nepal Medical Association, Mr. Mukti Rizal, Secretary General of IGD, Mr. Nawaraj Thapalia, President FSU of Nepal Law Campus and Mr. Birod Bhatta, President of Human Right Law Student Society, Kathmandu School of Law addressed the conference.

In order to provide civic and voters' education to the community people in all 75 districts, CoCAS has been constituted with those organizations and The Asia Foundation.  Identifying the issues and areas to be discussed in CA process, ten thematic papers have been prepared by the experts. 'Reference Education Materials' are being developed on the basis of these papers. The national conference aimed at disseminating information about the work being conducted by CoCAS and to finalize the thematic papers. Thematic papers were developed and presented at the conference under the following titles:

  • Fundamental Principles of Democracy and Constitutionalism, Prof. Kapil Shrestha and Asst. Prof. Kamal Raj Thapa

  • Restructuring of State Policies and Institutions, Assoc. Prof. Yubraj Sangroula

  • Constituent Election Process, Representation and Decision Making, Reader Purnaman Shakya and Lecturer Munendra Awasthi

  • Devolution of Powers, Mr. Mukti Rijal

  • Economic, Social and Development Rights, Assoc. Prof. Geeta Pathak

  • Diversity and Unity (Inclusive Democracy), Assoc. Prof. Honk Kong Rana

  • Marginalized Group and Protections, Advocate Sapana Malla and Sabin Shrestha

  • Civil and Political Rights, Advocate Prakash Mani Sharma and Raju Chapagain

  • Electoral System, Asst. Prof. Kumar Ingnam

  • System of Inner Democracy in Political Parties, Asst. Prof. Khagendra Prasai

Ten-point Resolution to be incorporated in the new constitution to be made through the Constituent Assembly were unanimously passed at the end of the conference.

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KSL Participation in Experience Sharing Program

A four member team from KSL and CeLRRd participated in the experience sharing program of the project entitled Developing Rights Based Approach for Anti Trafficking Actions in South Asia from 15 to 20 April 2007 at Mathagondapalli Education Centre (MEC), Hosur, Tamil Nadu, India.

This regional exchange workshop brought together the members of the International Federation of Terre des hommes and its partners working in the Asia region in the campaign against child trafficking.The objective of the workshop was to facilitate the exchange of experiences of the main actors in the campaign against child trafficking within the network of TDH in the Asian region, appreciating key lessons from the experiences, identifying obstacles and problems in the campaign and proposing recommendations to further improve the work, especially in the following areas:

a. Grassroots awareness building, mobilizations and working with the media

b. Organizing networks for protecting children from trafficking from village/community level, town level and other local mechanisms, national, regional and international level including the development of referral systems, information systems and databases, lobbying for legislation against trafficking, and identifying and working with other networks also working against trafficking

c. Developing standards for the care of trafficked children based on human rights

d. Ensuring the protection of children from trafficking during emergencies

e. Linking the campaign against child trafficking with efforts to address the root causes of trafficking

Associate Prof. Yubaraj Sangroula made presentations on Protecting Children from Trafficking in Armed Conflict and Emergency Situations, and Developing Right Based Approach to Anti Trafficking Actions: South Asian Experience at the program. Right activists, academicians working in different NGOs and child rights organizations from ten different countries had participated in the program. KSL and CeLRRd team comprises of Assoc. Prof. Yubaraj Sangroula, Mr. Pradeep Pathak & Mr. Kapil Aryal, Program Coordinators, Anti Trafficking Project, and Ms. Bidhya Pokhrel, Local Coordinator. 

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LL.M Entrance  Examination

For the academic session 2007-08, entrance examination of LL.M programs was conducted on 21st April 07. Law graduates applied for to get enrollment in Human Rights and Gender Justice, Business and International Trade Law and Criminal Law and Justice programs. 44 applicants were selected to pursue study in their chosen program after crossing tough examinations through written and verbal interview. 

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Celebration of KSL Establishment Day

KSL celebrated its establishment day on 6 Baisakh 2064 (19 April 07) to mark the day of its official beginning. Students perform cultural program and speech was delivered at the same occasion.

 

KSL Students Participated in the 2007 Shearman & Sterling Jessup Cup Law Moot Court Competition

Jessup Team of Kathmandu School of Law comprising of three members participated in the 48th Annual Phillip C. Jessup International Law Moot Court Competition 2007 for the first time ever from Nepal. Jessup team members include Pralad Bhattarai (LL. B 4th Year), Apurba Khatiwada (LL. B 3rd Year) & team coordinator Niranjan Adhikari (LL. B 4th Year) .The competition was held in Washington DC from March 25- March 31, 2007, at the Fairmont Hotel.

The Jessup is widely considered as the most prestigious public international law moot court competition.  It is also the oldest and the largest such competition in the world.  Over 500 teams from almost 100 countries registered for the competition this year, and the Shearman & Sterling International Rounds were attended by 95 competing teams from 70 countries.

University of Sydney won the 2007 Shearman & Sterling Jessup Cup on March 31, competing against King’s College London in the final round of the International Rounds of the Philip C. Jessup International Law Moot Court Competition. The University of Queensland, Australia and the National University of Singapore were semifinalists.

In this competition, students are required to present oral and written arguments on a hypothetical problem to a simulated International Court of Justice.  This year, International Court of Justice Judge Hisashi Owada of Japan was sitting on the court during the final round.

This year’s problem focused on a fictitious country’s accession to an international organization. It discusses principles surrounding an international organization's responsibilities to non-member States and the rights and responsibilities of Member States vis-a-vis non-Member States. It also raises questions concerning the appropriate mechanism for resolution of disputes between international organizations and non-Member States. Issues raised included expropriation, the status of diplomatic missions and human rights abuses.

The Jessup is administered by the International Law Students Association (ILSA), a not-for-profit association of law students and young lawyers dedicated to the promotion of international law and international legal education. Mr. Emmanuel Gaillard, head of Shearman & Sterling’s International Arbitration group, commented, “Many arbitration specialists got their first exposure to advocacy at the Jessup”. He added that quite a number of the firm’s arbitration partners and associates are Jessup alumni; Jessup participants continue to enter foreign, finance, justice ministries in increasing numbers.

Student team attended the Annual Meeting of the American Society of International Law and the ILSA Spring Conference.

During the visit, team paid a visit to US Supreme Court, Legislative Houses, Executive Office, Major Law Firms as such.  

Recent trends in international law, international adjudication and international trade relations have affected law fraternity, litigation practices and corporate intercourses of Nepal with rest of other partners. Nepal's memberships in the SAFTA, WTO and BIMSTEC have opened the avenue for exploiting benefits from such trading regimes only if we are well prepared to trade off our challenges and opportunities.

Students' exposure to this sort of competition would help in the development of skilled human resources in the fields of international law, international litigation, international trade disputes and regional cooperation.

KSL has been promoting qualitative legal education in the country. It has been sending its student teams to various regional and international moot court competitions. The team commends the support extended by American Center to the Jessup Team from KSL.

Synopsis: Niranjan Adhikari

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Synopsis of the Program Activity "Developing Rights Based Approach for Anti Trafficking Actions in South Asia

KSL and CeLRRd have been launching programs on developing right based approach for anti trafficking actions in South Asia in support with tdh consortium under the fund of European Commission. The overall objective of the project is to contribute to the development of good governance on the issue of trafficking in women and children at national and regional level in South Asia (Nepal, India and Bangladesh), by creating a congenial environment that may effectively hinder the supply and demand dynamics of trafficking across the borders as well as within the countries.

The entire program activities involve two approaches: harmonization of anti trafficking legal framework of South Asian countries with international standard through intensive research study, and awareness campaign at local level. KSL is responsible to coordinate the regional research study in three countries prone to trafficking: Nepal, Bangladesh and India. It particularly targets the law schools of the region to develop rights based approach for anti trafficking actions.

Second approach targets districts prone to trafficking to generate right based anti trafficking awareness in the country. It targets to sensitize members of different walks of lives such as community people, journalists, law enforcement personnel about the coordinated role they could play to prevent trafficking and to protect rights of the trafficked victims. CeLRRd is coordinating to implement the activities.

In respect to conducting the programs, identification of 28 project districts was done according to the list of vulnerable districts classified by Government of Nepal. Many of the targeted areas were districts adjoining the Indian boarder. The names of identified districts are: Jhapa, Morang, Sunsari, Udayapur, Siraha, Saptari, Dhanusa, Mahottari, Sarlahi, Sindhuli, Rautahat, Bara, Parsa, Makwanpur, Chitwan, Dhading, Kathmandu, Lalitpur, Bhaktapur, Kavrepalanchowk, Nawalparsai, Rupendehi, Kapilvastu, Dang, Banke, Kailai, Bardiya and Sindhupalchok.    

Following activities have been completed in the first phase of three years program:

Regional Study on Anti Trafficking Legal Frameworks: The regional study on anti trafficking legal frameworks was conducted in coordination of SALS Forum to identify differences, loopholes, and gaps of anti trafficking legal framework of India, Nepal and Bangladesh. A consolidated report has been developed with comparative overview of trafficking situation in the respective countries and recommendation to harmonize legal framework, procedures and cooperation at regional level in accordance with international standards.

Regional Symposium was organized for law students, Professors, and rights activitists to disseminate the report and to develop strategies to advocate right based anti trafficking measures through law schools. Trafficking Curriculum in the universities in three respective countries will be adopted and standard manual to monitor and evaluate the human rights impact of anti trafficking initiatives will be developed on the basis of the findings of the research. Training kit for law enforcement agencies and judicial authorities to provide tools and procedures to deal with trafficked persons in accordance with their human rights and to implement human rights based approach for anti trafficking actions will also be developed on the basis of the research findings in the second phase of the project.

Development of Sensitization Kit: sensitization kits aimed at raising awareness at grass roots have been developed

Right Based Anti Trafficking Orientation Programs to Women Paralegal Group, Transport Workers, NGOs and CBOs members, and meeting with stakeholders: A total of 100 programs on right based anti trafficking orientation for women paralegal group were conducted in ten targeted districts. A total of 4385 participants were directly benefited by the program. Similarly, 20 programs for local NGOs and CBOs members were organized in the targeted ten districts during this phase of the project. A total of 665 participants were directly benefited by the program. A total of 20 programs were conducted directly benefiting 2100 participants of the program. 20 district level meetings were held and 463 members actively took part in those meetings.

Right based anti trafficking campaign: Rally, Demonstration, Wall painting were conducted and school students were mobilized for this campaign.

Functionalization of Human Rights Defenders' System (HRDS):Human Rights Defenders' Committee (HRDC) has been formed to operate and functionalize the HRDS. The HRDC comprises of local community members, administration representatives, journalists, police personnel, teachers, NGOs and CBOs activists, representatives from Women Paralegal Committee as such. Selected members will work in areas to prevent human trafficking and protecting rights of the trafficking victims.  The committee members will meet regularly and constitute a platform for sharing issues on trafficking at local level.

Particularly, the HRDC will play the role of 'watch dog' by monitoring trafficking cases as well as protection of human rights of trafficking survivors, and the follow-up, rescue and rehabilitation operations providing legal assistance; designing and implementing rights based anti trafficking initiatives at local level; Now HRDS has been providing further awareness activities on trafficking prevention and protection of victims of trafficking etc.

During the first phase of the program, Ten HRDCs have been formed in ten program districts viz. Makwanpur, Banke, Bardiya, Morang, Chitwan, Saptari, Udayapur, Nawalparasi, Sindupalchowk and Jhapa.

The HRDCs have been effective in monitoring the violation of human rights of the trafficked persons. Since members from different organizations and areas have been involved in the committee, lobbying for the protection of the victims' rights has become easier. They have been holding frequent meetings and conducting sensitization programs at the community level.  

To summarize, orientation programs cast positive influence upon the participants in understanding the trafficking issue with rights based perspective. Upon the analysis it was found that Participants expressed their interest to learn about the subject matter as right based approach was fresh for them. The programs were effective to make participants conceptually clear about the interrelationship between human trafficking and violation of human rights. The information provided by pre-test and post-test carried out during the program were analyzed to make a comparison on participants' understanding on the issue before and after the program. The comparison was used to ascertain how much the participants learned from the program and to find out whether their attitude on the particular subject set by the project changed. The knowledge of participants on the subject matter before and after the orientation in ten VDCs of Jhapa district has been shown in the following chart.

As the chart shows, a majority of participants demonstrated poor knowledge on the subject in pre-test. Encouragingly, a sizable majority showed good understanding on the subject in post-test. It shows that the program was successful in transforming the understanding on the right-based approach of anti-trafficking actions.

Thus the entire program is gaining momentum in the community in creating awareness in rights based approach to anti trafficking actions as it is getting support from people at every level such as from community, government organizations, local organizations, and schools.

HRDC has been working effectively to functionalize the Human Rights Defenders' System. Cooperation gained from the local authorities, and members from different walks of lives have boosted up the functioning of the HRDC. Members of the HRDC have already started playing the role of 'watch dog' in preventing trafficking and protecting rights of the victims in the community.

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Feature Article

 

 

 

 

Trafficking in Women and Girls: With Special Reference to Countries in South Asia

Dimension of the Trafficking Problem

As UNIFEM (1998:1) in a report rightly observed, “trafficking in women and children is a spreading and worsening global phenomenon. Millions of human beings are trafficked and exploited worldwide largely into global sex industry”. Trafficking is estimated to generate gross earnings of between 5 and 7 billion US dollars annually (UN Office for Drug Control and Crime Prevention, 1998:3). Undoubtedly, the problem of trafficking is increasing rapidly threatening the very fabric of the human civilization. The intensified economic globalization has increased the mobility of capital, commodities, information and people. The world has reduced to a smaller village in terms of accessibility and contact. The sex market has grown to operate in a global scale with increased sophistication and organized networks. And in this market are ending up millions of women and girls from poor and developing countries. Trafficking of women and girls is therefore no longer a ‘local phenomenon’. Sexual exploitation is no longer a matter of ‘traditional patter of women’s subordination’; it is rather an industry.

 

Global Figure of Trafficked Persons:

Trafficking is an undercover or clandestinely organized phenomenon. It is thus very difficult to find accurate data as to how many people are annually trafficked internally and internationally. According to a US Government estimate, based on 1997 figures, annually 700,000 persons are trafficked across the international borders worldwide (Miko and Park 2002). The table below gives a scenario of minimum number of people trafficked away from one country another annually.

Origin of Trafficked Persons

Minimum Number of persons trafficked away annually

Number

Percent

South East Asia

225,000

32.14

Former Soviet Union and Eastern and Central Europe

175,000

25.00

South Asia

1,50,000

21.43

Latin America and Caribbean

100,000

14.29

Africa

50,000

7.14

Source: Miko and Park, 2002.

According to an estimate of the International Organization on Migration (IOM, 2001), size of trafficking of persons annually across international borders is between 700,000 and 2 million. The number of trafficked persons would be much larger if the figures of internally trafficked persons are included (UNPF, 2003:3). Internal trafficking exists phenomenal in many smaller countries such as Nepal, Thailand, and Colombia, etc. However, the accurate figure is difficult to find (UNPF, 2003:3).

Countries affected by cross-border trafficking

A large number of studies show that ‘poor and developing’ countries in South and South East Asia, states in former Soviet Union, East and Central Europe and South America most severely affected by trafficking across the international border. While the problem of internal trafficking is pervasive all through out the world, the smaller poor and developing countries most vulnerable to transnational trafficking. Thousands of women from these countries end up every year ‘brothels’ of metropolitan cities of developed or big countries. The regional distribution of the problem as found as follows:

South East Asia: As the table above shows nearly one third of the cross-border trafficked persons comes from the South East Asia. Countries like China, Vietnam, Thailand, Cambodia, Laos, Myanmar, and the Philippines are major countries of origin in this region for cross-border trafficking. Thailand, Cambodia and the Philippines are the countries that maintain huge sex market internally as well. As a matter of fact, these countries are major destinations for sex tourism from the western developed countries as well as the rich gulf countries. As one UNPF (2003:3) reports claims, the growth of sex tourism in this region is one of the main contributing  factors for trafficking in women and girls. Countries in the South East Asia constitute place of origin as well as destination of trafficked persons for each other. Trafficking trend analysis of this region shows that while a huge number of women and girls prostituting in the Thai sex market are trafficked from Myanmar, Cambodia and Laos, China and Cambodia are destinations for trafficking of women and girls from Vietnam. On the other hand, Japan is a destination for trafficking of women and girls from Thailand and the Philippines. According to Thailand’s Foreign Ministry’s estimate, 50,000 Thai women were living in 1994 illegally in Japan working in prostitution. This situation of Thai prostitutes parallels in Japan with that of Burmese women held in Thailand. Thai women in countries like Switzerland and Germany also have considerable number in prostitution. Similarly, newly industrializing nations such as Taiwan, South Korea, Malaysia and Hong Kong are other important destinations of trafficking from South East Asian countries.  

As reported by UNPF(2003:3), international criminal gangs are involved in trafficking away women and girls from China, Myanmar, the Philippines, Thailand, Cambodia and Vietnam to western Europe, the United States, Australia and the Middle East. Women and girls from Thailand, the Philippines and Indonesia are trafficked to Saudi Arabia and United Arab Emirates mainly for domestic service work and to become brides.

South Asia: South Asia is one of economically most backward regions. As suggested by intelligent estimate, 150,000 women and girls are trafficked to big countries in the region such as India and Pakistan as well as overseas. While women and girls from Nepal are trafficked to a number of cities in India, Pakistan is the destination for a large number of women and girls from Bangladesh. As reported by UNPF (2003:4), while India a major destination for women and girls from Nepal and Bangladesh, it is also a transit and sending country for women and girls to Europe and Gulf countries. Besides India, Nepalese women and girls are trafficked to Hong Kong, the United Arab Emirates and Saudi Arabia are major destinations fro women from India, Bangladesh, Pakistan and Sri-Lanka. India and Pakistan are thus both the receiving and sending countries.

Former Soviet Union and Eastern and Central Europe: Countries in the former Soviet Union and Eastern and Central Europe is part of the world worse hit by the problem of cross-border trafficking after South East Asia. The breakdown of the Soviet Union and fall down of the autocratic communist regime in this part of the world accompanied by terrible economic decline is attributed to the massive upsurge of the problem of cross-border trafficking. As reported by UNPF (2003:4), over 175, 000 women and girls are annually trafficked from this region. Austria, Belgium, Bosnia-Herzegovina, Germany, Greece, Italy, Macedonia, France, Spain, Portugal, Switzerland, the Netherlands, Sweden, Denmark, Norway, United Kingdom, Japan, Israel, Canada, United States and Thailand are identified as major destinations. According to UNPF, organized criminal gangs operating from Russia, Albania, Estonia, Chechnya, Serbia and Italy are active for trafficking in women and girls in Europe. It is said that the Russian organized criminal gangs are enormously strong and control the commercial sex market of number of Western countries, Israel and parts of the United States. <click here to read more>

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Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
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