It will explain the offenses of human trafficking.

1. Adv. Vijay Jayshwal
Kathmandu University School of Law
Human Trafficking

2. Introduction (Magnitude of problem)
 Globally, it is estimated that there are 20.9 million
human trafficking victims. Of those, 68% are in forced
labor, 55% are female, and 26% are children (Polaris,
2018).
 In 2017, there were 4,460 cases of human trafficking
in the United States and U.S. Territories reported to
the National Human Trafficking Hotline.
 Victims of human trafficking come from diverse
socioeconomic, education, and cultural backgrounds.
 In 2009, only 26 countries had an institution which
systematically collected and disseminated data on
trafficking cases, while by 2018, the number had risen
to 65.
 Human trafficking is a highly organised crime.
Traffickers take people from one area of a country to

3. Core elements
■ The action – the recruitment, transportation,
transfer, harbouring or receipt of persons.
■ The means – the threat or use of force or other
forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person.
■ The purpose – the exploitation of the
prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or the
removal of organs.

4.  The definition of trafficking in human beings is
contained in Article 4 of the Council of Europe
Convention on Action against Trafficking in
Human Beings. The UK ratified the Convention
on 17 December 2008 and became bound by its
terms on 1 April 2009.
 The Convention specifies that when children (i.e.
under 18 years old) are trafficked, no violence,
deception or coercion needs to be involved:
simply transporting them into exploitative
conditions constitutes trafficking.

5. Purposes of Human Trafficking
■ Sexual exploitation: forcible or deceptive recruitment
for prostitution or other forms of sexual exploitation.
■ Domestic servitude: employment in private homes
where ill treatment, humiliation and exhausting
working hours are common. This can also involve
sexual and physical abuse.
■ Bonded/forced labour: in construction, agriculture,
horticulture, marine farming, textiles, catering, nail
bars, care homes, and car washes. This can also
include forced involvement in illicit activities such as
cannabis cultivation and pirate DVD selling.
■ Child trafficking: for begging, benefit fraud, illegal
adoption, forced marriage, domestic servitude, sexual
exploitation.
 Organ harvesting involves trafficking of a person to
use their internal organs for transplant. Kidneys are
in high demand due to the high number of patients
on transplant waiting lists.

6. Smuggling
 Smuggling is usually the illegal movement of
people across a border for a fee. The relationship
with the smuggler ends at the point of destination
and the smuggled person is free. In trafficking,
the relationship is an ongoing one of exploitation
and commodification from which the trafficker
continues to profit.
 There are also cases where people who set out
to be smuggled become victims of trafficking
during their journey and are vulnerable to
exploitation on arrival at their destination. Women
are at increased risk of sexual violence during
this process.

7.  Human trafficking involves exploiting men,
women, or children for the purposes of forced
labor or commercial sexual exploitation.
 Human smuggling involves the provision of a
service—typically, transportation or fraudulent
documents—to an individual who voluntarily
seeks to gain illegal entry into a foreign country.
 Human smuggling is the importation of people
into a country via the deliberate evasion of
immigration laws. This includes bringing illegal
aliens into a country, as well as the unlawful
transportation and harboring of aliens already in a
country illegally.

8. How do traffickers maintain control
 Threats against them of beatings, sexual violence, and
death
 Threats of violence against their families in their country of
origin
 Removal of documentation – passports, ID, immigration
papers
 Debt bondage – people are indebted for huge sums of
money which they can’t repay. Often they have been
charged fees for ‘arranging’ their work which is subject to
huge interest rates. Deductions are often made from their
wages
 Curtailment of personal freedom and movement
 Lack of understanding of where they are – they may be
moved around the country
 Fear of authorities – they may mistrust state agencies,
and be told that they will be badly treated if they approach
the authorities or arrested for breaking the law
 Keeping them isolated; exploiting their lack of language or

9. Stages of Trafficking
 Pre-departure
 Travel and Transit
 Destination
 Integration/Re-integration
 Detention/deportation and criminal evidences

10. Most common method
 Seduction and romance,
 False job advertisements,
 Lies about educational or travel opportunities,
 Abduction,
 Sale by family, and.
 Recruitment through former slaves
 Baby Factories’ in Nigeria
 Loverboy tactics

11. Human Trafficking and
Transportation (Control) Act, 2064
 Preamble : Whereas it is expedient to control the
acts of human trafficking and transportation, and
to protect and rehabilitate the victims of such act
by enacting law.
 Sec (4). Acts considered as Human Trafficking
and Transportation:
 (a) To sell or purchase a person for any purpose,
 (b) To use someone into prostitution, with or
without any benefit,
 (c) To extract human organ except otherwise
determined by law,
 (d) To go for in prostitution.

12. Human Transportation
 (a) To take a person out of the country for the
purpose of buying and selling,
 (b) To take anyone from his /her home, place of
residence or from a person by any means such
as enticement, inducement, misinformation,
forgery, tricks, coercion, abduction, hostage,
allurement, influence, threat, abuse of power and
by means of inducement, fear, threat or co-ercion
to the guardian or custodian and keep him/her
into ones custody or take to any place within
Nepal or abroad or handover him/her to
somebody else for the purpose of prostitution and
exploitation.

13.  Sec.13. Rehabilitation Center
 Sec14. Rehabilitation Fund
 Sec15. Punishment
 Sec16. Exemption from Punishment
 Sec27. In camera court proceedings
 Sec28. Government to be the Plaintiff
 No time limitation
 Extra-territorial jurisdiciton

14. International Laws
 The United Nations Convention against
Transnational Organized Crime and its two
related protocols: the United Nations Protocol to
Prevent, Suppress, and Punish Trafficking in
Persons, Especially Women and Children, and
the United Nations Protocol against the
Smuggling of Migrants by Land, Sea, and Air,
which entered into force in 2003-2004.
 The United Nations Office on Drugs and Crime
(UNODC) created these conventions, which have
supported international law’s ability to combat
human trafficking.
 In support of enforcing these instruments, the
UNODC established the United Nations Global

15.  The Slavery Convention (1926) and the
Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery (1956).
 Additional tools of international law that include
segments against the trafficking of persons
include: the Universal Declaration of Human
Rights (1948), the International Covenants on
Civil and Political Rights (1966), The United
Nations Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the
Prostitution of Others (1949), and the Convention
on the Elimination of all Forms of Discrimination

16. Thank you