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

E-Bulletin (Vol 74)

20 March 2007

Past Volumes

 

News

   

Feature Article

   

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

M.A Programs:

Human Rights/ Conflict and International Humanitarian Laws

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

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

News

       

Legal Awareness Program for Disenfranchised Community

Kathmandu School of Law organized district level workshops with disenfranchised and deprived community and local social activists in twelve 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. KSL has been conducting such programs in fifteen districts of Nepal in financial support of The Asia Foundation to prepare the disenfranchised communities of Nepal to creatively and actively participate in the constituent assembly process.

 

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.

 

The programs were held in 2nd and 3rd March in Dolakha and Ramechap and in 11th and 12th March in Makwanpur, Chitwan and Udayapur respectively. Similarly programs were held in Siraha, Saptari, Sarlahi, Morang, Sunsari, Jhapa and Ilam in 13, 14, 15, 16, 17, 18, and 19th of March respectively. The participants from the disenfranchised communities were: Meche, Satar, Jhagar and Kisan in Jhapa; Jhagar and Dhimal in Morang and Sunsari; Lepcha in Ilam; Majhi, Bote and Chepang in Chitwan; Dhanuk, Chamar and Danuwar in Siraha, Sarlahi and Saptari;  Majhi, Danuwar and Musahar in Udayapur; Bankaria and Chepang in Makwanpur; Jirel, Surel, Thami in Dolakha; and Majhi and Hayu in Ramechhap.

 

Advocates Kumar Ingnam, Kapil Aryal, Neelam Sangroula, Sukhadev Sapkota, Suraj Basnet, Baldev Choudhari and Hemraj Panta facilitated the discussion in these programs. Different NGOs and organizations at the local level highly co-operated the organizers to make the programs successful.

 

Similarly structured consultation meetings cum interactions were held among the disenfranchised communities in various 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.

 

Students 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 interactions were held in Charikot of Dolakha, Chitwan, Gaighat of Udayapur, Rajbiraj of Saptari, Inaruwa of Sunsari, Birtamod of Jhapa and Fikkal of Ilam in 4, 13, 14, 16, 18, 19 and 20 of March, 2007. Based on the information gathered from such studies, observation, interviews and group discussion, a report will be developed which will be used to draw the substance of disenfranchised peoples' need 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. 

Top

Capacity Building Training on Human Rights and Gender Justice for the Staffs of KSL
Believing the fact that Human Rights is not only a matter of discussion for legal academia but the matter to be understood by every human being, KSL organized one day training program for its staffs and teachers from non legal background, to enhance knowledge about issues of human rights and gender justice. The program was aimed at developing human rights culture in the society and nation at large starting from school's premises itself.

Top

 

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>

Top


Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
Dadhikot, Bhaktapur                   /   Fax           : 977-01-634801
Kathmandu, Nepal                     /   E-mail       : info@ksl.edu.np        Web   :  www.ksl.edu.np