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Legal framework and rights-based Legal framework and rights-based approach in law schools:approach in law schools:

Ms. Muna BasnyatMs. Muna Basnyat

AT Program Coordinator, Tdh-LausanneAT Program Coordinator, Tdh-Lausanne

Harmonization of anti-trafficking legal Harmonization of anti-trafficking legal frameworks with international standards and frameworks with international standards and RBA in law schools curricula in South AsiaRBA in law schools curricula in South Asia

Harmonization of Anti-Trafficking Legal Framework with International Standards andIntroduction of rights-based approachin Law Schools’ curricula

RESULT 1RESULT 1

Anti Trafficking UnitLocal government

Level 3

Anti-Trafficking UnitLocal government

Level 2

Children/youth groupGrass-root Level

HRD System Grass-root Level

Children/youth groupGrass-root Level

AT Task force

Central Government

Anti-trafficking Unit Local government

Level 1

Anti Trafficking UnitLocal government

Level 3

HRD System Grass-root Level

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Main Actions related to Result 1Main Actions related to Result 1

Development and dissemination of a Regional Study for harmonization of anti-trafficking legal framework in South Asia countries with international standards

Formulation and dissemination in Law Schools of Asia of a comprehensive human rights-based curricula focused on trafficking related issues

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Achievements Achievements

Developed a Developed a regional studyregional study for for

harmonization of anti-trafficking harmonization of anti-trafficking

legal frameworks of South Asian legal frameworks of South Asian

countries (India, Bangladesh and countries (India, Bangladesh and

Nepal) with international Nepal) with international

standards, which has been widely standards, which has been widely

disseminated.disseminated.

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In order to meet the training capacity In order to meet the training capacity needs, based on the needs, based on the regional study,regional study, the the following tools were developed: following tools were developed:

Regional Manual.Regional Manual.

A Four- Step Flow Chart – A tool to guide A Four- Step Flow Chart – A tool to guide anti-trafficking measures with a rights-anti-trafficking measures with a rights-based approach.based approach.

Country specific Training KitsCountry specific Training Kits

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A regional symposium was organized from 19-21 March, 2006 in Kathmandu, attended by law students and professors from seven Law Universities of India, four Law Universities of Bangladesh and five Law Schools of Nepal along with the members of Tdh Consortium, lawyers, representatives from NGOs, and human rights activists. The total number of participants was 85.

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Outcomes of Symposium

Uniform understanding and approach to combat trafficking from a rights-based approach was developed

Research Study was finalized with additional feedback and suggestions from the forum

The module of the curriculum on anti trafficking from a human rights based approach, to be proposed to identified 24 law schools in India, Nepal and Bangladesh, was adopted by the floor.

Outline of the regional manual and capacity building curriculum for law enforcement agencies to guide the human rights impact of anti-trafficking measures was drafted from the presentation and workshop discussion.

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Dissemination of the human rights-

based curricula on trafficking through the South Asian Law Schools Forum for Human Rights (SALS Forum) in 24 Law Schools in three countries.

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Selected Law Schools for the Project

INDIA:

1. Delhi University2. Guru Govind Singh Indraprastha University3 Salvakar College of Law4. University of Himanchal, Simla5. Law School, Lucknow6. Punjab University Chandigarh7. Mahali Law School, Punjab 8. Ilahabad University9. Calcutta Law School10. Kuruchhetra, Hariyana11. Law Institute, Kuruhettra12. North Bengal University13. ILS, Pune14. Symbiosis School of Law, Pune

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Selected Law Schools for the Project

BANGLADESH:

1. Chittagong University2. Dhaka University3. Rajsahi University4. Brac University5. Islamic University

NEPAL:

1. Prithvi Narayan Campus, Pokhara2. Kathmandu School of Law3. Mahendra Multiple Campus4. Nepal Law Campus5. Mahendra Bindeshwori Campus

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INDIA

The SALS Forum has submitted the curriculum to the Bar Council of India to adopt the curriculum in all Law Schools in India and is lobbying for the directives to come out soon.

Delhi University and Guru Govind Singh Indraprastha University have already adopted the curriculum and the remaining 12 of the initial list of Law Schools have been approached. Around 2,000 students from these LS were mobilized in Northern and Western parts of India through trainings.

INDIA

Additional 15 Law Schools coming from Bihar, Orissa and West Bengal were mobilized through a Law School networking seminar organized in Kolkata on 22nd of October 2008.

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NEPAL

Kathmandu School of Law has adopted the curriculum and is teaching in its LL.B. and LL.M Levels and has proposed to teach in its Master Degree in Victimology Course.

The remaining four Law Colleges under Tribhuvan University, the Faculty Board has agreed to adopt and now has to be approved by Senate. But, the teaching has already started.

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BANGLADESH

Chittagong University in Chittagong, Faculty of Law has comprehensively revised, expanded, adopted and has started teaching the proposed curriculum in the L.L.M and L.L.B. courses.

Premier University in Chittagong is facilitating child trafficking issues under Juvenile Justice part in L.L.M. course and women trafficking issues under Gender Justice part in L.L.B. course.

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BANGLADESH

Green University in Dhaka is facilitating trafficking related elements under their L.L.M. course under the course code Gender and Family Law and under the course code Human Rights for L.L.B course.

The course approval process is ongoing in different universities, including additional 23 Law Schools who have been approached by sending the regional study and curriculum for its adoption.

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Challenges:

Since each university system has its own procedures to adopt a curriculum, relentless efforts are needed to do the follow-up and it takes time for this to materialize.

The adoption of the curriculum is highly dependent on the interest and willingness of the relevant actors in the region.

Due to lack of comprehensive law on trafficking in India and Bangladesh, the issue of trafficking still has not received enough attention in those two countries in the LS.

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Recommendations

•Need for a comprehensive law formulated through a consultative process.

•Need for a broader definition of trafficking to include different aspects of it, focusing on human rights and making clear distinctions between trafficking and other cross-border phenomenon such as migration.

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Recommendations

•Create awareness amongst all concerned authorities including judiciaries and law enforcement agencies from a rights-based approach in anti-trafficking interventions.

•

•Strong advocacy and lobbying addressing University Grants Commission/Bar Councils and Ministry of Education should be intensified for expediting and harmonizing the adoption of curriculum by different universities.

•Development agencies/INGOs must develop a culture of collaboration with the universities to combat problems like trafficking.

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Recommendations

•Issue of trafficking must also be dealt as an issue of governance and economic and social development, hence it should be incorporated in other stream of studies such as social science, research institutes, training institutes.

•Victimology should be especially emphasized while dealing with trafficking issues.

•A multiplier effect should be started by training of faculty members on the issue of trafficking so that they could organize seminars and training regularly for the students mobilizing and equipping them to work with the grassroots level as well.