NEPAL
Trafficking
1. Legislation
Is there specific legislation dealing with trafficking in persons?
-Yes, Trafficking in Persons (Control Act) 1986
2. Definition
What is the legal definition of trafficking in persons in any of your country's legislation?
- Sale of human being or taking a person to foreign country with the purpose of selling , to involve women
in prostitution through temptation,. Coercion, false assurance or any other means or other thing or encouraging
to do such acts.
Does the definition cover trafficking in all persons, or only trafficking in certain categories of 'persons (for
example women or children) ?
- All.
3. Criminalization
Is trafficking in persons criminalized in your country? .
- Yes.
What types of trafficking related acts are criminalized in your country's legislation i.e., including conspiracy,
attempted, aiding, abetting, being involved in the business of, harboring, corruption of 'public officials etc.?
- All acts concerning trafficking in persons including attempt, encouraging or harboring.
Is the trafficking a crime if the acts take place outside your country (does the legislation have extraterritorial
application)?
Yes.
Does your legislation address the procurement, production or use of' fraudulent documents in relation to
trafficking in persons ?
- Yes. Coverage in Immigration Act, 1988.
Is the trafficking in persons considered "organized crime" In your legislation?
- Not defined so as such.
What is the penalty applicable to the crime of' trafficking in persons and how does this compare with penalties
applicable to other crimes? .
-5 to 20 years imprisonment. The punishment is considered to be heavy in comparison to other
punishment.
Does the legislation define the responsibility of' commercial carriers of' trafficked persons?
- Yes
Smuggling of migrants
4. Legislation
Is there specific legislation dealing with smuggling of migrants?
- Covered in different legislation.
5. Definition
What is the legal definition of migrants ?
6. Criminalization
Is smuggling of migrants into your country a crime in your country ?
- Yes.
Is smuggling of migrants into a third country a crime in your country?
- Yes.
What types of smuggling of migrants related acts are criminalized in your country's legislation i.e. including
conspiracy, attempted, aiding, abetting, being involved in the business of, harboring, corruption of public officials
etc. ?
- All acts including aiding,. attempt and encouraging.
Does you legislation address the procurement, production or use of fraudulent documents in relation to migrant
smuggling?
- Yes. Immigration Act 1988.
Is the smuggling of migrants a crime if the acts take place outside your country (does the legislation have
extraterritorial application)?
- Trafficking in Persons (Control) Act 1986 get extraterritorial application.
Is the smuggling of migrants considered "organised crime" in your legislation?
- Not defined so far as such.
What is the penalty applicable to the crime of smuggling of migrants and how does this compare with penalties
applicable to other crimes?
- 10 to 20 year imprisonment for sale of migrants and 5 to 10 years imprisonment in other cases..
The penalty is more in comparison to other crimes.
Does the legislation define the responsibility of commercial carriers of smuggled migrants?
- Yes
Does your country's legislation make a distinction between smuggling of migrants for profit and not for profit?
- No.
Investigation and cooperation
7. Confiscation
Does your legislation provide for the confiscation of the proceeds of trafficking and
Smuggling?
- Yes.
Does your legislation provide for the confiscation of vessels and other tools used in-trafficking and smuggling,
including vessels used to transport trafficked or smuggled persons once they are within your country?
- Yes
Does your country have money-laundering legislation that applies to proceeds of trafficking and smuggling?
- No
8. Extradition
Does your country have a specific extradition act?
- Yes.
Does your country extradite offenders of trafficking related offences?
- On the basis of the law and the treaty to that effect.
Does your country extradite offenders of smuggling related offence.
- On the basis of the law and the treaty to that effect.
Does your country need a treaty as a basis for extradition?
- Yes.
Does your law prohibit extraditing your own nationals?
- Yes.
Are there any barriers to extradition for trafficking or smuggling in your country?
- need a treaty or International Convention of which Nepal should be a signatory.
9. Mutual Legal Assistance (MLA)
Does your country have a specific act for mutual legal assistance?
- Is covered in a section of the country code (Muluki Ain).
Does your country need a treaty-level agreement as the basis for MLA?
- Regulation to implement the section is to be framed.
Does your country require dual-criminality for providing MLA?
- Regulation to implement the section is to be framed.
Does your country provide MLA in trafficking cases?
- Regulation to implement the section to be framed.
Are there any barriers to your country providing MLA in trafficking or smuggling cases ?
- No other barrier.
10. Cooperation
What types of law enforcement cooperation can be provided or requested for from other countries ?
- Exchange of technical knowledge.
- Regular exchange of information
- Enhancing cooperation in border management and border security
- Cooperation in building and strengthening national capcities.
Does your country's legislation provide for sharing of information on traffickers and smugglers and/or the
methods and routes used by traffickers and smugglers, and with which countries does your country have
information sharing arrangements ?
- Nepal is having information sharing understanding with different countries including the
SAARC Countries and INTERPOL.
11. Special Investigation
Does your country's legislation allow wiretapping,electronic surveillance or other special investigative techniques
for trafficking and smuggling related offences and for its use in legal proceedings ?
- No.
Does your country provide MLA in smuggling cases?
covered in a section of the Country Code. Regulation to implement the section is to be framed.
Are-there any barriers to your country providing MLA in trafficking or smuggling cases?
- Regulation to be framed.
12. Cooperation
What types of law enforcement cooperation can be provided or requested for from other countries?
− Regular exchange of information.
− Exchange of technical knowledge.
− Enhancing cooperation in border security and border management.
− Cooperation in building and strengthening national capacities.
Does your country's legislation provide for sharing of information on traffickers and smugglers and/or the
methods and routes used by traffickers and smugglers, and with which countries does your country have
information sharing arrangements?
INTERPOI., SAARC countries, etc.. Nepal is a signatory to the SAARC Convention on Preventing
and Combating Trafficking in Women and Children.
13. Special Investigation
Does your country's legislation allow wiretapping, electronic surveillance or other special investigative techniques
for trafficking and smuggling related offences and for its use in legal proceedings?
- Electronic surveillance and other investigative techniques are also used in practice.
Dealing with Trafficked and Smuggled Persons
14. Assistance to Trafficked and Smuggled persons
Does Your Legislation provide protection for trafficked or smuggled persons?
− Nothing specific, but security and legal help are provided.
Does your legislation provide for assistance to be given to the trafficked or smuggled persons?
− Provision for helpless people who cannot afford themselves.
Does your legislation provide for special assistance to women or children who have been trafficked?
− yes
Does your country's legislation allow trafficked or smuggled persons to remain in your country temporarily
during criminal investigations and proceedings?
− Yes
Are trafficked or smuggled persons prosecuted on charges of prostitution, other criminal activities or illegal
entry?
− Yes, According to unlawful activities committed by them.
15. Repatriation
Does your country's legislation provide for the safe repatriation of trafficked or smuggled persons?
− Deportation after completion of sentence according to law.
Does your country's legislation provide for the acceptance without undue delay and with due regard to the safety
or trafficked or smuggled persons?
− Above provisions are in practice.
16. Prevention
Does your legislation prescribe activities for the prevention of trafficked and smuggled?
− Such activities are guided by policy measures and are being implemented.
Does your country have a national plan of action to prevent trafficking of persons (including women and children)
or smuggling of migrants?
− Yes. National Policy and Plan of Action to combat trafficking in women and children.