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

E-Bulletin (Vol 75)

20 March 2007

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KSL announces admission opens in M.A and LL.M programs for the academic session 2007-08.

LL.M Programs:

 Human Rights and Gender Justice/ Criminal Law and Justice /Business and International Trade Laws

Date for submission of Application form: 2063/12/25 (8 April 2007)

Entrance Examination: 2064/1/7 (for more detail click here)

 

M.A Programs:

Human Rights/ Conflict and International Humanitarian Laws

Date for submission of Application form: End week of April

News

       

Regional Symposium on Developing Right Based Approach for Anti Trafficking Actions in South Asia

Kathmandu School of Law in collaboration with South Asian Law Schools Forum for Human Rights (SALS Forum) and Tdh Consortium organized a three-day Regional Symposium on Developing Right Based Approach for Anti Trafficking Actions in South Asia from 19 March 07. The symposium served as a platform to discuss and disseminate the research study on anti trafficking legal frameworks conducted in three countries viz. India, Bangladesh and Nepal It also intended to develop curricula to be adopted in universities and to develop standard manual to measure human rights impacts of trafficking actions. Primary objective of the study was to make recommendations to harmonize the anti-trafficking laws in Bangladesh, India and Nepal with a view to contribute to the development of good governance on the issue of trafficking in persons at national and regional level in South Asia.

The program was formally inaugurated by Hon’ble Mangal Siddhi Manandhar, the-then Minister of Education and Sports.Assoc. Prof. Geeta Pathak, KSL; Muna Basnyat, Anti-Trafficking Program Officer, TDH Nepal; Massimo Lanciotti, Program Officer, Tdh Italy; Assoc. Prof. Yubaraj Sangroula, KSL; Mr. John Frederick, Consultant  from Tdh; Prof. Dr. Nomita Aggarwal, Dean, Law Faculty, Delhi University; Prof. Zakir Hossain, Dean, Law Faculty, Chittagong University, Bangladesh; and law students from Bangladesh, India and Nepal were speakers at the inaugural  session. Prof. Madhav Prasad Acharya had chaired the session.

Working sessions started with the presentations of country findings of the Regional Study on Anti-Trafficking Legal Frameworks and consolidated form of the reports.

First presentation was made by Ms. Geeta Sekhon, Expert for Regional Research, Delhi University, India highlighting on the scenario of legal frameworks against trafficking in India. Trafficking in India is only understood in terms of ‘prostitution’ because of which it has neither identified the types of trafficking nor has been able to define it in terms of human rights violations. While talking about the cross-border trafficking, India, in particular, is the transit nation where authorities fail to distinguish between migration and trafficking. The core reason behind the trafficking of women and children in India are push factors and pull factors, she focused.

According to the paper, there are many lacunas in the legal framework of India. It has inadequate laws, no effective implementation and also no penalty in some of the acts. Here trafficking has not been defined as the distinct crime, she added. She therefore recommended that India should first define trafficking in terms of human rights perspectives, and the various forms of trafficking also need to be identified. In fact, special concerns should be given with respect to victims of trafficking.  There is need to have the strict punishment to the third part i.e. brothel owner. The proper identifications of the victim should be there along with the rehabilitate care to them. Provision of compensation to the victim should be in law itself, she reiterated.

Second presentation was done by Prof Zakir Hossain, National Consultant for Regional Research & Dr. Abdulah AL Faruque, Researcher for Regional Research from University of Chittagong, in which they highlighted that the weak and vulnerable boundaries between India and Bangladesh is one of the causes of trafficking in Bangladesh. Several land ports attached to India such as Benapol Hili, Sarsha, are used as transit points of trafficking.  Violence against women compels the helpless women in Bangladesh to migrate for work to escape violence, directly contributing to trafficking of women, they explained.

Despite the existence of a number of national laws, dealing with the various issues and aspects of trafficking including punishments for trafficking, none of the laws provides any definition of the term trafficking, they illustrated.

The existing law of Bangladesh does not address the question of “repatriation” and “rehabilitation” of the trafficked persons. There is no separate agency having adequate knowledge and skills of its member for investigation of criminal offence. Cases relating to trafficking are tried by the courts openly like other ordinary crimes without giving special treatment to this typical type of crimes. First Information Report (FIR) recorded under section 154 of the Criminal Procedure Code is not to be considered as substantive evidence. Entire legal framework in Bangladesh, both substantive and procedural has seriously failed to take into account the crime from perspective of victimology. The judiciary plays the role of secondary victimization by asking immoral question, long and tedious legal process and so forth, they focused. After these situation analysis, they recommended that Bangladesh should take certain important steps like relevant laws to trafficking should be reformed in consistency with international standards and norms of anti-trafficking; Act of trafficking should be taken in terms of gross violation of human rights; Modification of criminal procedures by making it more gender sensitive and children friendly.

Third presentation was from Geeta Pathak , National Consultant, Regional Research (KSL, Nepal). She explained that the study has shown defect in the criminal justice system of Nepal in instigating trafficking, where there is no separation between investigation and prosecution. Highlighting on the national laws and provisions, she told that the Evidence Act has 'over-generalization' of criminal offences and fails to provide special treatment to certain typical crimes such as trafficking, rape, incest, etc. The criminal justice system of Nepal should identify trafficking of persons as an organized criminal phenomenon. But it is not so. They view traditional in treating this crime, and simply take it as an ordinary crime like theft. In fact, there is lack of clarity in vision of reforming Criminal Justice System in Nepal, she added.  

In her analysis of legal frameworks, the concept of rehabilitation of victim is entirely lacking in the law. There is no provision for State's support to 'rehabilitation of, or compensation to victim'. This law stands at notion of 'zero protection' of the human dignity of victims and their family members. The enforcement of the Trafficking related laws have not been found effective.  Every month about 5000-7000 women and girls are being trafficked to India for prostitution whereas it has been found that only 200 cases are filed. This means the success rate of the prosecution is extremely low. A study shows only 40% of cases is successful, which raise a serious question about the standard and quality of the investigation and prosecution system, she added.

Nevertheless the concept of restorative justice is fully ignored; hence the concerns of victims are nowhere reflected in the criminal proceedings. The victim's appearance or role in the entire criminal proceeding is negligible. S/he appears in the investigation and prosecution only as a 'witness to prosecution'. While the act has provided for stiffer penalties for offenders, it entirely ignores to consider the 'compensation' interests of the victim. The gender sensitivity and rights related to privacy is also a serious issue not addressed by the trafficking laws in Nepal. The victims protection against the perpetrators as well as her/his rights relating to privacy are totally ignored. The investigation, prosecution and adjudication system are largely inefficient to curb the problem. The investigation and prosecution systems are almost entirely dependent on 'oral proofs'. The investigative system is 'unscientific' and psychologically defective. The burden of proof on suspects, in contradiction to the constitution, international human rights on fair trial and the Evidence Act, relieve the investigators and prosecutors form the responsibility of gathering independent evidences leading to eventual failure of prosecution, she explained. At this outset, she recommended Nepal should amend several laws from right based approach like Trafficking of Persons (Control and Punishment Act) to the effect of 'defining trafficking' as outlined by the Trafficking Protocol. The amendment in the trafficking laws must ensure right to private prosecution provided if the victim is not satisfied to prosecution made by the State. The right to appeal against the verdict of trial should be there.  The trafficking laws must ensure compensation to the victims.  It should also ratify Trafficking Protocol, 2002. The trial relating to trafficking must be trialled in camera court. Strong punishment to brothel owner should be made. There also need to have complementary laws like compulsory Marriage Registration Act, she focused.

After country presentations of the respective countries Associate Prof. Yubaraj Sangroula along with his team of three students of Kathmandu School of Law made presentation on comparative analysis of common findings of the Research Study.

Ms. Kanchan Koirala, LL.B 1st Year gave short introduction of method of research study and team work under supervision of Assoc. Prof. Yubaraj Sangroula. Ms. Antara Singh, LL.B 2nd year highlighted the objective and activity updates of the regional study. Ms. Sushila Karki, LL.B 3rd year, provided the general overview of the comparative study of the country reports.

Assoc. Prof. Yubaraj Sangroula made presentation talking about the new dimensions and destination of trafficking problems. Talking about the ratification of the instruments by these countries, he explained that these three countries have signed Convention on the Suppression of the Trafficked in Persons and of the Exploitation of the Prostitution of others, 1949, the SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution, 2002, ratified Convention on the Elimination of all forms of Discrimination Against Women, 1979. Nepal and Bangladesh have ratified the C 182 Worst Form of Child Labor, 1999 (ILO). But none of these countries have ratified Trafficking Protocol, 2002.

However, he explored some strength in legal frameworks of these countries. In all the three countries, constitutional provisions are strong for the crime of trafficking which has defined it as crime against society. There are also unique provisions in the laws in favor of women and children or for the advancement of any backward section of citizens in all the three countries. The constitution of all three countries guarantee special right against exploitation, prohibition of traffic in human beings, and forced labor, as also punishable by law, under the fundamental rights. In Nepal, sexual violence to women is a special crime envisioned to be addressed by the constitution with special measures.

 There are also Special strengths in law of these three countries which need to study separately:

In Nepal there are;

·          Trafficking in Persons Control and Punishment Act, 1986.

·          Children Act , 1991 and Child Labor (Prohibition and Control) Act, 2000

·          Extra-territorial provisions in law are the unique strength in Nepal.

 In India there are:

·          The Bonded Labor System (Abolition) Act, 1976

·          The Immoral Traffic (Prevention) Act, 1956

·          The Information Technology Act, 2000, to control pornography.

·          The Transplantation of Human Organs Act, 1994.

·          Juvenile Justice (Care and Protection of Children)

·          The entire spectrum of problem is covered by these laws.

Whereas in Bangladesh there are:

·          The Suppression of Immoral Traffic Act, 1993

·          Children Act, 1974

·          Prevention of Repression against Women and children Act, 2000.

·          The legal framework is adequate.

Though having much strength, several lacunas can be found which need to be addressed shortly. The Constitution of India and Bangladesh have failed to define the term trafficking. In all the countries, the judiciary plays the role of secondary victimization of asking immoral questions, long and tedious legal process and so forth. The problem of trafficking is dealt by all countries but it does not include the perspective of violation of survivor’s human rights. The legal framework of all the countries has failed to take into account the crime from the perspective of restorative justice. The Evidence Act of Nepal and Bangladesh obliges the state to discharge the burden of proof of guilt beyond reasonable doubt and as a result, many traffickers escape punishment mainly due to negligence of prosecution to prove the charge. In India, there are no legal provisions to deal with the children in prostitution and also with the trafficking of young boys. Though all the countries have adopted international laws, but failed to enforce them seriously, he explained.

It is found that the criminal justice system of all the three countries is insensitive to human rights perspective in relation to the crime of trafficking. Though the international laws have been ratified by Nepal India, and Bangladesh, there is the lack of enforcement mechanism. Most of the women and children from Nepal and Bangladesh are trafficked to India due to open and shared border. The governments of all the countries are failing in the enforcement of international human rights standards. No special and strong laws are there to cope with the problems of trafficking that takes place in the open and shared border. In case of Nepal, the presumption of guilt and burden of proof on suspect vitiates the objective of proper investigation and seriousness in investigators and prosecutors to look for reliable material evidences. In all the three countries, there are social and political problems in regard to trafficking as the traffickers are politically connected and come from organized perspective. Overall, the countries have taken trafficking only from a criminal justice perspective, and not from the human rights, which in itself is a major cause of aggravation. Failure to ratify Trafficking Protocol, 2002, presents insensitivity in the part of governments to human rights perspective of victims, he depicted.

From the overall study of the report there are many important steps these countries should take. First of all these countries must define trafficking as the violation of human rights recognizing its different forms, in accordance with international standards and norms of anti-trafficking. All countries must modify the criminal procedures by making it more gender sensitive and child friendly. Important amendments in the trafficking laws as compatible to the nation’s needs and international standards must be made. In Nepal and India, the trafficking laws must ensure the compensation and remedy to the victims. Similarly in India, laws should also deal about the trafficking of young boys as well. Nevertheless in Bangladesh, there is a need of establishment of a special cell/institution for dealing with the trafficking issues. All countries are in need of the provisions of reparation and rehabilitation made in the best interest of survivors/victims, he recommended.

Next session began with presentation by Mr. Zamil Hassan, from Bangladesh on the study to assess the community people’s perception about the issue of Trafficking and understand the relation of their views with the situation.

Mr. Ashish Ghosh presented a base line survey as well as a Route survey on trafficking. It was a study on the Community perception about ‘Trafficking’.

Another session was started with presentation from Professor Nomita Aggarwal on 'Why and What to teach about Trafficking' which was chaired by Justice Naimuddin Ahmed and co-chaired by Professor Salim Akhtar from Aligarh Muslim University, India and Professor Madav Prasad Acharya from KSL.

She emphasized that it should be made compulsory in the curriculum, so as to first sensitise students then spread awareness about the issue through them as social engineers. Since the highest authority of India in Legal curriculum and Bar council of India had already disagreed to the proposal to put Trafficking as a subject, she proposed to teach it as an optional subject in the law schools of India and if similar is the case in other countries.

Prof. Nomita Aggrawal proposed the curriculum as a suggested Module for Trafficking Education incorporating the following as major headings:

Concept of Trafficking; International and Domestic Protection against trafficking in Human beings; Trafficking and its co-relation with other aspects; Enforcement mechanisms to deal with Trafficking; Institutional mechanisms for the prevention of trafficking.

Prof. Zakir Hossain and Assoc. Prof. Geeta Pathak jointly made presentation on “Training and capacity building Needs of law enforcement agencies based on the Regional study”. They talked about Realization by the state in code, that it is responsible to respect, protect and fulfil the Human Rights of the victims. Recognition of the problems in the holistic perspective would define the scope and content of activism rather than just technically created International legal boundary. Of course, there must be Constitutional guarantees, legal provisions and CPR/ESCR issues of trafficking. But, in reality the crux lies in the assertion for inter-disciplinary management, Resource mobilization and action oriented programmes.

On the third day participants and faculty members visited KSL. Regional Moot Court competition on Developing Right Based Approach for Anti Trafficking Actions in South Asia began in the later session of the program. In the elementary round two groups from each three country presented the moot. In final round Indian team comprising Madhavi Chopra, Researcher; Anshul Mathur, Mooter; Neeti Shikha, Mooter won the winner trophy. Mr. Anshul Mathur was adjudged the best mooter in the compeition. Similarly, team from Bangladesh comprising Famida Karim, Mooter; Umme Wara, Mooter; Md. Showkat Hossain, Researcher was selected as 1st runner up team.

The symposium was ended with distributing awards and valediction and with commitment to work as social engineer in the respective country to eliminate trafficking from the region. Hon'ble Urmila Aryal, Out-going Minister, Ministry of Women, Children and Social Welfare chaired the chief guest of the closing ceremony.

Law students and professors from seven universities of India, four universities of Bangladesh and five law schools of Nepal including members of Tdh Consortium, lawyers, representatives from NGOs, and human rights activists participated in the Symposium.


Hon'ble Minister Urmila Aryal calling winners for award

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Constitutional and Legal Reform for Empowerment of Disenfranchised Community in Nepal

KSL has been implementing a program entitled "Constitutional and Legal Reform for Empowerment of Disenfranchised Community in Nepal" with support of The Asia Foundation. The program aims to prepare such community to assert their rights during the constituent assembly (CA) process, and make them capable of pressing the state and its actors to bring about changes in the existing legal system. Additionally, the program targets to assess the basic needs of disenfranchised communities to legally empower their position, and thus protect them from being excluded from the enjoyment of public properties, amenities and services.

Following interventions have been made to address the issue within five months of program commencement:

1) Structured Consultations with marginalized groups:

a)    Analysis of census and electoral data

In order to identify target groups in different districts, the first phase of the study was concentrated on locating the places of the habitation and demographic distribution of disenfranchised community in various districts including their situation on education, health facilities, and political participation. KSL students collected census statistics and electoral data from different government agencies including Central Bureau of Statistics, District Development Committees, NGOs and INGOs.

Additionally, to solidify the secondary information so obtained, students and faculty of KSL travelled to 26 districts and consulted with the district administrations, DDCs and VDCs, political party leaders, election offices of the respective districts and local NGOs about the major issues being faced by these communities. Local representatives of the respective villages helped students to gather information. After collecting this data, KSL prepared a preliminary report, which has served as the basis for structured consultations with the identified marginalized groups. This report provides an overview of the demography, state of health and education facilities, and level of political involvement of the most marginalized groups in 25 districts of Nepal.

b)      District Level Workshops

Kathmandu School of Law organized district level workshops with disenfranchised and deprived community and local social activists in thirteen districts in order to prepare them to assert their rights during the constituent assembly (CA) process, and make them capable of pressing the state and its actors to bring about changes in the existing legal system. The program imparted knowledge regarding electoral system, constituent assembly and human rights and highlighted on legal advocacy with an aim to create public awareness among the marginalized and deprived community.

During the above programs discussions were held under the three topics; Rights of the disenfranchised community, Constituent Assembly and Participation of Marginalized population, and Advocacy Strategy for the Rights Defenders. The basic areas of discussion were rights of disenfranchised communities covered by international instruments, interim constitution and national laws; constituent assembly and importance of participation; role of disenfranchised people and rights defenders in CA election; differences they can make in their situation through their participation; tools and techniques of advocacy for the rights of disenfranchised community; methods of dealing with community people; effective communication strategy etc.

Similarly, preliminary report prepared by KSL was presented during the programs which include population census of marginalized people, their standards of living, literacy status, economic condition, land ownership and holdings, electoral roles and participation, acquisition of citizenship, employment opportunities in civil, police and military services and situation of their participation in public affairs.

c) Consultation with marginalized communities

In the second phase of the study, groups of experts structurally consulted with the people of marginalized communities studied under this project. These structured consultations were targeted to abstract the exact expressions from the people from the marginalized communities on their situation. Students and faculty of KSL involved themselves directly with the marginalized and deprived community to collect the information, data of such community to identify the basic needs of such community to legally empower them and to identify causes of their marginalization. They also shared knowledge with the participants on the rights of the disenfranchised and deprived community. Different rights guaranteed by both national and international laws and instruments, and their participation in forth coming constituent assembly election were discussed with the participants.

One day structured consultation meetings cum interactions were held among the disenfranchised communities in eight districts to explore the problems faced by these communities in regard to ownership of land holdings, electoral roles and political participation, acquisition of citizenship, employment opportunities in civil, police and military services. Information through these structured consultations was collected by scripting on a designed form.

d) Report Production

Based on the information gathered from such studies, observation, interviews and group discussion, a report is being developed which will be used to draw the substance of disenfranchised peoples' basic needs while making recommendations for necessary amendment on the laws. Similarly based on the same findings, materials will be prepared for advocacy of rights to sensitize these communities at the grassroots level. 

2.Legal Analysis and Drafting

Review of the laws, policies, directives and commissions' report is taking place to identify the discriminatory provisions against the disenfranchised communities which restricts them from enjoying their rights. Review of Constitutional Statues has been completed and identifying and reviewing of acts and legal instruments, and policies and directives is to continue. A team of experts is engaged to compile such laws and identify the gaps, lacunas and weaknesses in the existing legal frameworks. The team will also analyze the inconsistencies of such legislation with the historical declaration of the HoR, Interim Constitution, the International Human Rights Instruments, and plan of action of National Human Rights Commission. While doing so, the team will also view the international human rights standards for rationalization. The team will also review the documents and reports in relation to legal rights of persons concerning land holdings, electoral process and right, citizenship and employment opportunities.

3.  Public Awareness and Advocacy among Marginalized Groups

This component includes developing informational, educational and communication materials to raise awareness about discrimination towards disenfranchised groups. The theme of the IEC materials including poster, pamphlet and pictorial flip chart has been identified and design of such is taking place which is expected to be printed soon. These materials will be used for advocacy at local and national level to generate wider awareness on the need of special attention of the civil society, political parties, media and the communities themselves to support such communities and address the problem of their exclusion. These materials will also be used for massive advocacy to sensitize these communities' meaningful participation in the CA election.

4. Dissemination of Legal and Constitutional Proposal

To materialize this component, KSL is making effort on the production of video documentary to explore the exact situation of the disenfranchised communities and interventions to be made to bring needed changes in the life of these communities.

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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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