Five Phases of the Project Management Lifecycle

---

At the start of a project, the amount of planning and work required can seem overwhelming. There may be dozens, or even hundreds of tasks that need to be completed at just the right time and in just the right sequence.

Seasoned project managers know it is often easier to handle the details of a project and take steps in the right order when you break the project down into phases. Dividing your project management efforts into these five phases can help give your efforts structure and simplify them into a series of logical and manageable steps.

1. Project Initiation

Initiation is the first phase of the project lifecycle. This is where the project's value and feasibility are measured. Project managers typically use two evaluation tools to decide whether or not to pursue a project:

• Business Case Document – This document justifies the need for the project, and it includes an estimate of potential financial benefits.
• Feasibility Study – This is an evaluation of the project's goals, timeline and costs to determine if the project should be executed. It balances the requirements of the project with available resources to see if pursuing the project makes sense.

Teams abandon proposed projects that are labeled unprofitable and/or unfeasible. However, projects that pass these two tests can be assigned to a project team or designated project office.

2. Project Planning

Once the project receives the green light, it needs a solid plan to guide the team, as well as keep them on time and on budget. A well-written project plan gives guidance for obtaining resources, acquiring financing and procuring required materials. The project plan gives the team direction for producing quality outputs, handling risk, creating acceptance, communicating benefits to stakeholders and managing suppliers.

The project plan also prepares teams for the obstacles they might encounter over the course of the project, and helps them understand the cost, scope and timeframe of the project.

3. Project Execution

This is the phase that is most commonly associated with project management. Execution is all about building deliverables that satisfy the customer. Team leaders make this happen by allocating resources and keeping team members focused on their assigned tasks.

Execution relies heavily on the planning phase. The work and efforts of the team during the execution phase are derived from the project plan.

4. Project Monitoring and Control

Monitoring and control are sometimes combined with execution because they often occur at the same time. As teams execute their project plan, they must constantly monitor their own progress.

To guarantee delivery of what was promised, teams must monitor tasks to prevent scope creep, calculate key performance indicators and track variations from allotted cost and time. This constant vigilance helps keep the project moving ahead smoothly.

5. Project Closure

Teams close a project when they deliver the finished project to the customer, communicating completion to stakeholders and releasing resources to other projects. This vital step in the project lifecycle allows the team to evaluate and document the project and move on the next one, using previous project mistakes and successes to build stronger processes and more successful teams.

Although project management may seem overwhelming at times, breaking it down into these five distinct cycles can help your team manage even the most complex projects and use time and resources more wisely.

Virus-free. www.avast.com

Guideline: How to prepare a detailed project plan document

Guideline: How to prepare a detailed project plan document

Guidelines

Project Detailed Planning

 

 

The Project Plan Document  is the deliverable that terminates the planning  phase  (and opens the of execution phase of the project management).

See the Template The project Plan Document 

A comprehensive project plan is a key document that binds you, your project team, the project sponsor, and the beneficiary. It is an agreement that defines the work of the project and the beneficiary's project/programme purpose objectives. A comprehensive plan can help you identify changes in scope after the project has started and help you plan for any modifications or adjustments that might be needed during the life cycle of the project.

 

------

 

A detailed project plan document will include:

The information already provided in the project scope document,, i.e.:

• Project justification:  The need that the project meant to address and the solutions envisaged.
• Project outcomes : The changes expected as a direct consequence of the delivered project outputs.
• Project outputs:  The deliverables (products) and direct results (services, events, etc.) that the project team is expected to deliver and that will lead to the project outcomes.

 

A description of the activities

Identification and description of the project activities proceed according the following steeps:

• Activity Definition
• Activity Sequencing
• Activity Resource Estimating
• Activity Duration Estimating
• Schedule Development

Activities describe the work needed to deliver the project deliverables (deliverables and direct results). They only include the work done by the project team (to produce the outputs) and should not include the work done by the beneficiaries and other project stakeholders, who are expected to avail of project outputs in order to contribute to solving the problems identified (i.e. contribute to the achievement of project objectives.)

You should decide the project activities starting from the list of final outputs (those that produce a benefit for the stakeholders) and decide the activities (work) necessary to produce them. However there is not necessarily a mathematical correspondence between the activities and the outputs: some outputs require more than an activity line; some activity line may produce more than one output. So you should first take decision about this relationship between activities and outputs.

Remember that you have to include in the activities lists also those that result from the Project support activities. 

If you have considered them in your project methodology, there should be also the activities required for Procurement, Monitoring & Evaluation,  Quality management, Risk management,  Team Training, Project Communication anagement Issues Management; Management Change Control Process;  Management of the Acceptance of Deliverables and Organizational Change Management.

Tip: remember also to include also the activities necessary to undertake properly the project completion stage.

See Templates in  Project Planning Checklist

The next step is to decide about the process outputs, i.e. those deliverables that are required as inputs for the activities but that do no produce a precise benefit for the stakeholders. For instance, writing a manual (when the final output is its distribution); building a workshop (when the final output is the workshop product, etc.). Once the process outputs are clear you should relate a portion of the activity (a task) to each one of them and should make a list of what task has to be completed before the next because it has produce as output the input for the following.

This is what is technically called to perform a Work Breakdown Structure (WBS)

The purpose of developing a WBS is to:

o    Allow easier management of each component.

o    Allow accurate estimation of time, cost, and resource requirements.

o    Allow easier assignment of human resources.

o    Allow easier assignment of responsibility for activities).

Scheduling is an inexact process in that it tries to predict the future. While it is not possible to know with certainty how long a project will take, there are techniques that can increase your likelihood of being close.  One key ingredient in the scheduling process is experience in the project area; another is experience with scheduling in general. In every sector of activity area there will be a body of knowledge that associates the accomplishment of known work efforts with a time duration. In some organizations  there are books recording sector of activity standards for use by cost and schedule estimators. Interviewing those who have had experience with similar projects is the best way to determine how long things will really take.

Template: Work Breakdown Structure

For building the WBS one usually follows the the following steps:

1. Division the project into the related tasks that completes a major step in a project.

 

2. Listing the tasks of each phase and definition of its beginning (e.g. after the end of a previous task)  and its end (e.g. a milestones, i.e. a reference point marking a major event in a project and used to monitor the project's progress). Proceeding by breaking down each piece until you have sufficient level of detail. What's sufficient detail? A good answer is to consider at which level of action detail a task report is expected.

Template: Project schedule worksheet

 

3. The next step is to assign the material and human resources required for each task. The project team should also be clearly identified, along with specific roles and responsibilities.   This ensures that all work is "owned" by someone, that redundant work is minimized, and that role conflicts are reduced.  

The duration of the task will depend on the work necessary to complete it related the number of persons who work at it and the percentage of their time that they dedicate to it. The duration of the whole activity will be the total duration of the tasks considering their dependencies (predecessor/subsequent or start-start or end-end) co relationship.   This will produce the Gantt , i.e. a visual representation Work Plan of the dependencies among the tasks and their duration. It will be clearer if at the end of each task there is a "milestone": a process or final output delivered that accomplishes the task that has delivered it.

Dependencies (or Activity on Node) diagrams can be used to display four type of relationship between activities. These are:

• Finish-To-Start
• Start-To-Start
• Start-To-Finish
• Finish-To-Finish

 

Finish-to-start relationship means the dependent activity cannot start until the first activity is finished. This is the most common way to represent relationships between activities.

Note:  Never put expected outcomes as milestones since their accomplishment is not entirely dependent on the team activities!  So for instance put as process milestone "list of beneficiaries completed" or "book written"; as final milestone put "# copies of the book distributed to # beneficiaries; but never put as milestone # persons change behaviour because they read the book! (though this was in fact the overall objective of the activity).

 

Calculation of the work needed for each task is done by by multiplying the human resources allocated to the task for the time devoted to it.   Then one adds the material resources needed to each task and, eventually, the time  that resource will be utilized in the task.
When preparing a schedule estimate, one should consider that transition between activities often takes time. Organizations or resources outside direct control may not share your sense of schedule urgency, and their work may take longer to complete. One should beware of all external dependency relationships. Uncertain resources of talent, equipment, or data will likely result in extending the project schedule. Experience teaches that things usually take longer than one thinks they will, and that giving away schedule margin in the planning phase is a sure way to ensure a highly stressed project effort. People tend to be optimistic in estimating schedules and, on average, estimate only 80% of the time actually required.  Failure to meet schedule goals is most often due to unrealistic deadlines, passive project execution, unforeseen problems, or things overlooked in the plan.

The Gantt Chart

The GANTT Chart Taking its name from early project management innovator Henry L. Gantt, the basic Gantt chart is an easy way to document schedules. It is a horizontal-bar schedule showing activity start, duration, and completion. It shows the connection between events and the calendar, and provides a graphical analog of the activity duration.  The Gantt schedule can illustrate the relationship between work activities having duration, events without duration that indicate a significant completion, and milestones that represent major achievements or decision points. Various annotations can be used to communicate the progress of the project effort compared to the baseline plan, as well to depict in a graphical way areas where there are modified expectations from the baseline plan. Once a Gantt schedule has been established for a project, progress should be periodically plotted against the baseline schedule. If different functional areas are involved in a project, each area may need its own detailed schedules to support the project master schedule. In such cases it is important that working schedules be linked to a common master schedule in a way that they can be easily updated. Each activity or event on the schedule should have a responsible individual assigned, so there is clear ownership and so schedule status can be updated without a lot of fuss.

A definition of the tasks along a time sequence is also called "action plan".  The action plan described in the project plan  is considered to be the project "baseline", i.e. the plan agreed upon at the starting point against which future changes are measured.   (not to be confused with the baseline survey concerning the needs of beneficiaries before the project start).

At this stage you may clarify it all by including a GANTT where you can specify the "critical path", i.e. the sequence of tasks that if completed late will delay all the successive tasks. This will enable the project manager to be focus on critical tasks and eventually postpone those that are non critical (in the time sequence sense).

If the sequence of the tasks as you have established is giving an excessive duration to the project you can try to "crash the schedule" (see Resource Levelling and Schedule Crashing )

 

 

4. The next step is to initiate to calculate the cost of the project.

See also Introduction to creating a budget

After you have the WBS with the indication of the resources required, you should first make a list of the resources with specification of the unit cost; then do the consequent multiplications and sums.  Remember to consider also the support activities not directly related to output oriented tasks but that are required in order to manage the activity (like office costs, etc.). However the more you are specific to allocate cost to each activity the  more efficiently you can manage the project.

Sometimes project costs are a forced-fit to the amount of money available in the budget. This will require the project designer to initiate a cost estimate to find out if the project is feasible. Adjustments in scope may be needed so the project can survive.

If one estimates only the requirements one is sure of, estimates will usually be low.  It may be prudent to add a contingency factor to account for expected changes, or to allocate management reserves to deal with later eventualities.

So first you have to list out all the resources required (human and material) and find out the item cost of each one of them. 

Template: Project Resource Sheet

Then for each task see the number of units required to perform that task and multiply the unit cost of each resource for the work time (if human) or for the number of items (if material) that are required for that task. The total cost of each activity is the total of the cost of its tasks. Sum up the values obtained and you will get the task cost. 

Template: Project Activities Costs

Then calculate the cost of the project by summing up the individual project elements into a project total. 

It is good to perform a double check: 1: sum up the total cost of each task: 2 make a summative budget by listing out all the resources needed for the project and the total of the items needed for that resource for the whole project.  If the two calculations match, it means you did all right. Otherwise search for the mistake.

Template: Summative project budget   

The budget will be constantly refined as different stakeholders will give their views and contributions and the plan will be refined by adding more activities to fit with quality, communication and risk mitigation plans.

Good cost estimating requires a supportive environment in the organization. One way to help this is to develop projects using standard work breakdown structure categories, and then collect actual costs in a historical cost database.  (books recording sector of activity standards for use by cost and schedule estimators)

 See also   The steps for Creating a budget

 

All this done can now be summarised in a

Template: Logical Framwork

A description of the Methodology 
 

A good methodology would include sub-sections regarding:

• Monitoring & Evaluation,
• Quality Plan,
• risk management  
• Team Training Plan  
• Project Communications management 
• Management of Issues ;
• Management of Change Control Process
• Management of  Acceptance of Deliverables
• Manage of Organizational Change

The action plan is the reference meter for the budget and schedule. After the initial iterative planning process, the plan must be frozen, i.e. the executing team should not be able to modify it without the prior consultation and approval from the major stakeholders and sponsors who agreed to the project plan. Therefore it is advisable if the project plan considers also the standard procedures for authorization of changes in the project scope, budget, schedule.   (see Manage Change Control Process)

A good project will consider how to monitor and evaluate during and after the implementation phase (in itinere and ex post). It will therefore decide what are the indicators and what are the sources of information for judging the efficiency, the effectiveness and the impact.  Information sources may be independent from the programme management team and the organization. Others will be the internal evaluation tasks that will collect data concerning processes and outcomes. (See Establishing a process of Monitoring, Evaluation and Learning)

An important element qualifying the project plan is the existence of integrated subplans as Quality Plan, Risk Mitigation Plan , Communication Plan and Project team training plan and Evaluation plan. (see Project communications planning; Project Risk Management)

Note on monitoring and evaluation plan: Project designers will consider the standard methods of collecting and analyzing  data and will adopt those that are seen as most suitable. Eventually a new approach may be proposed.   After deciding on the method there will be an illustration of the evaluation activity within the program/project, including the indications regarding how to use the monitoring/evaluation results for improved programme/project management for organization development  and for employee empowerment and learning.  (see  evaluation reporting methods; and methods for  generating acceptance for the evaluation reports). 

Summarizing we can say that in the methodology section the plan should clarify the methods of implementation and reasons for the proposed methodology; this would include:

• where the project is the prolongation of a previous action or project, how the action is intended to build on the results of this previous action and in what way it is innovative. Explain the main conclusions and recommendations of any evaluations that have been carried out; (use the lessons learned)
• where the action is part of a larger programme, explain how it fits or is coordinated with this programme or any other eventual planned project.  Specify the potential synergies with other initiatives and programmes;
• the procedures for follow up and internal/external evaluation (see Planning the M&E action) and of Change Control;
• the attitudes of all stakeholders towards the project in general and the activities in particular; the role and participation in the action of the various project actors and stakeholders  (partners, target groups, local authorities, etc.), and the reasons for which these roles have been assigned to them :  Template:  Stakeholder Roles and Responsibilities
• A risk analysis and eventual a risk management plan. This should include at minimum a list of risks associated for each activity proposed accompanied by relevant mitigation measures.
• A list of the main preconditions and assumptions during and after the implementation phase.

 

A description of the Sustainability

In planning the project it is very important to consider how the project will have an impact on the programme and eventually in a wider context. A good project plan will properly would have defined how the project results, obtained through external financial support) would be used by the social system in a manner that would no longer require external support.   (See How can we plan a project so as to ensure that is sustainable?)

Explain how sustainability will be secured after completion of the action. This may include aspects of necessary follow-up activities, built-in strategies, ownership etc., if any. In so doing, make a distinction between the following 3 dimensions of sustainability:

• Financial sustainability (how the financing of follow up activities is ensured, to what extend future costs are covered by expected revenues, etc.);
• Institutional level (Which structures would allow, and how, the results of the action to continue be in place after the end of the action? Will the results of the action be appropriated by the target groups? What factors will ensure that the impact is sustainable?);
• Policy level (What structural impact will the action have - e.g. will it lead to improved legislation, codes of conduct, methods or to better integrate developing issues in the formal and non-formal education systems, etc.).
   

 

A description of the previous experience of similar actions

See Organization and sector of activity

• Describe the experience of project management of the organization that has prepared this project and of its partners.
• Describe the technical expertise  (notably knowledge of the issues to be addressed) of the organization that has prepared this project and of its partners.
• Describe the management capacity (including staff, equipment and ability to handle the budget for the action) of the organization that has prepared this project and of its partners.
• Describe haw stable and sufficient are the sources of finance has the Organization that will lead the implementation of this project and of its partners.
   

A project plan will generally also include a  Logical Framework  (template: LF)

 

See all templates in Project Planning Checklist  

 

Other Useful Templates

• Checklist for the approval of the Project Plan in word
• event budget
• training budget
• Logical Framwork

 

Other Guidelines:

• How to prepare a detailed project plan document
• Key Questions for Establishing the Team Organization
• Determining the project manager
• Guidelines on Effective Writing

 

See also

• Plan Writing
• The 9 topic areas of project management knowledge
• Programme/project financial management
• Control and Manage Costs Established in the Project Budget Tasks
• Logframe as a flexible tool
• Pitfalls Involved in the Front-End Planning Process
• The Strategy Challenges
• Introduction to creating a budget
• What is the cost tracking process?
• How do you create budgets and track costs against them?
• The steps for Creating a budget
• Programme/project financial management
• Control and Manage Costs Established in the Project Implementation

 

--

With Regards,
Rajan Maharjan
Program Coordinator,
HIMRIGHTS, Lalitpur

Ph: 01 5010990/91(Ext. 206)
http://www.himrights.org
HIMRIGHTS on Facebook

@pamsrajan 

---------------------------------------------------------------

Himalayan Human Rights Monitors (HIMRIGHTS) is a non-government, non-partisan, and non-profit organization committed to defending the rights of poor, marginalized and socially excluded communities and individuals, with a special focus on women, children and youth in Nepal. Our focus areas are (1) good governance, (2) advocacy for policy change, rights based approach, (3) capacity building to respond to shifting human rights dynamics, and (4) monitoring, reporting, and responding to human rights violations.

Virus-free. www.avast.com

CROSS BORDER HUMAN TRAFFICKING IN NEPAL: SOME CONSIDERABLE ISSUES

ARTICLES

Cross Border Human Trafficking in Nepal

• Cross Border Human Trafficking in Nepal
• VII. Archaic Laws and contd..
• XIV. National Plan of Action and contd..
• All Pages

CROSS BORDER HUMAN TRAFFICKING IN NEPAL: SOME CONSIDERABLE ISSUES[1]

 

Dr. Ram Krishna Timalsena

I.                   INTRODUCTION

Trafficking is one of the serious problems of the day inNepal. It is a means of exploitation of women and children by forcing them into the sex industry, domestic and factory labor, organ transplantation and illegal adoption. The biggest number of trafficking exists in the form of cross-border trafficking in young women and children fromNepaltoIndia,Bangladesh,Hong Kongand to the gulf countries. In this respectNepalis not a recipient country but a supplier where from trafficking originates.  Another trend of trafficking is the increase in internal trafficking from rural to urban areas for prostitution. A number of factors like poverty, lack of education, social discrimination and exclusion, non-functional family structures, open border, archaic laws and ineffective law enforcement and policy implementation mechanisms, have been identified as the main causes for the increasing of trafficking in human being inNepal.

Before initiating the discussion it is useful to know the facts about human trafficking in general. In the world, there are about 700,000 to 2 million people mainly women and children who are being trafficked every year. About 10 million trafficked people, predominantly women and children, are living in subhuman conditions. As reported, human trafficking is the third largest illegal trade in the world that makes annual profit up to $5 billion to $7 billion after drugs smuggling and gun running. The present ratio of trafficking in children is already 10 times higher than the trans-Atlantic slave trade at its pinnacle. It is the fastest growing form of forced labour. [2]

As reported by the Times News Network, [3] every year, 5,000 to 7,000 women and children ofNepal are trafficked intoIndia for forced prostitution. 20% (i.e. 40,000) of trafficked Nepali women and children for sex trade inIndia are girls below 16 years of age. Except for sex trade, thousands of Nepali children are trafficked intoIndia to work in carpet factories in Bhadoi (Mirjapur), circus (e.g. Firojabad), potato farms, road construction in Shimla, forced beggary (e.g.. Banaras), domestic child labour inDelhi, Kolkata, Mumbai, etc. The earlier belief that only girls from specific geographical area and community are being trafficked has been proved false. Rather, this crime has expanded to every area and community including boys and men.

In view of the rising scale of the problem of cross border trafficking and the concern for protecting and promoting basic human rights of common Nepali citizens the paper sheds light on some considerable issues of human trafficking inNepal.

 

II.    DEFINITION

There is no universally agreed definition of trafficking. It ranges from voluntary, facilitated migration to the exploitation of prostitution, to the movement of persons through threat or use of force, coercion, violence, etc. for certain exploitative purposes.

The concept of trafficking has been ever changing with the passage of time. It is an ever changing concept. The parameters of human trafficking are also repeatedly shifting. With the change in economic, social and political conditions, the constituent elements of trafficking are also changing. Not only the purposes of human trafficking change but the ways are also changing. However, the fundamental element of human trafficking is the same. The very core element of trafficking is the recognition that trafficking is never consensual. It is the non-consensual nature of trafficking that distinguishes it from other forms of migration. The lack of informed consent must not be confused with the illegality of certain forms of migration. While all trafficking is, or should be illegal, all illegal migration is not trafficking. Therefore, the concepts of trafficking and illegal migration should be understood separately. At the heart of this distinction is the issue of consent.

Records and research show that trafficking takes place for a number of exploitative purposes to which trafficking victims have not consented. It includes inter alia, forced and/or bonded labour, sex trade, forced marriage and other slavery-like practices. In view of this one may suggest a liberal definition of trafficking that encompasses the common elements of the trafficking process. The common elements are the brokering, accompanied by the exploitative or servile conditions of the work or relationship in which the trafficked person ends up. Moreover, the definition of trafficking must distinguish trafficking as a separate violation from its constituent parts.

The UN Special Rapporteur uses the following definition of trafficking:

Trafficking in persons means the recruitment, transportation, purchase, sale, transfer, harboring or receipt of persons:

(i) By threat or use of violence, abduction, force, fraud, deception or coercion (including the abuse of authority), or debt bondage

(ii) Placing or holding such person, whether for pay or not, in forced labor or slavery-like practices, in a community other than the one in which such person lived at the time of the original act described in (i).

Subsection (1) of the definition covers all persons involved in the trafficking chain: those at the beginning of the chains, who provides or sells the trafficked person, and those at the end of the chains, who receive or purchase the trafficked person, hold the trafficked person in forced labor and profit from that labor. Criminalizing the activities of all parties involved throughout the process of trafficking would facilitate efforts to both prevent trafficking and punish traffickers.

Current definition of trafficking focuses on forced labor or slavery-like practices, rather than narrowly focusing on prostitution or sexual exploitation. Experience shows that trafficking is undertaken for several purposes, including but not limited to prostitution or other sex work, domestic, manual or industrial labor, and marriage, adoptive or other intimate relationships. The common elements found in all of the trafficking patterns are:

 

• the lack of consent;
• the brokering of human beings
• the transport; and
• the exploitative or servile conditions of the work or relationship.

 

III. RELEVANT ISSUES

1. Whether we should criminalize or decriminalize or regularize prostitution and trafficking?

There may be different laws that touch upon the issue of trafficking. It is not only the issue of human rights but also the issue of criminal law and social justice. Likewise, labor laws, laws relating to immigration and public health etc. are equally pertinent in this issue. Prostitution can be decriminalized within the legal framework with some regulation if it is voluntary and if there is no element of exploitation. Trafficking is the matter of criminal law. It is wider than the prostitution.  However, a wise policy on the scope of criminalization, decriminalization and regulation must be developed in view of right-based approach. After being clear in the approach we have to update or laws in tune with changing need.

2. Whether trafficking is unilateral or bilateral or multilateral issue?

Trafficking is connected with migration and it involves a number of issues. It should not be treated as a national problem alone. Rather, it is an international problem. This problem must be solved through various means. National efforts as well as regional and global collaboration are required to fight against this problem. Therefore, suitable strategies should be developed in this regard. Bilateral arrangements and multilateral agreements may require to cope with this problem.

 

IV. PROSTITUTION INSIDENEPAL

 

Nepalhas certain communities whose traditional culture perpetuates prostitution. These are the Badis and Deukis of westernNepal. In Dang, Salyan, Rukum, Pyuthan, Banke,Kailali Bardiya, Surkhet and Dailekh districts the Badi community women earn their livelihood as singing and dancing girls for the local rich who reward them. With the change of social system their profession is in risk so they took up prostitution as the means of livelihood. The girl children from the Badi mothers usually go to the same line of work. There are other similar traditions like Jhuma, Kumari and Gandharva in different parts of the country contributing to the tradition of prostitution. Baitadi and Dadeldhura districts have a tradition of Deukis (the divine girls). In this tradition, virgin girls were presented to the god in certain temples in exchange of blessings of property, wealth and social status. Poor family sold their girls to the rich for an offering. These girls are not allowed to marry. These girls under compulsion turn to the prostitutes.

Besides culture and traditions socio economic factors of the country contribute for trafficking and prostitution. The increasing number of children pushed into prostitution due to poverty, ignorance, child marriage, conflict situation which is a matter of great concern.

There are various reasons of this problem. But the main reason for this problem is thatNepalis an agrarian nation that lacks sufficient economic base, infrastructure and developed human resources. About 90% of its 23 million people rely on subsistence agriculture. Adult literacy is as low as 23 percent for females and 57 percent for males.

Two third of sex workers in Nepalstate that they entered sex work by choice. While 38%cited influence by female friends, 9% by other family members 6% by pimps 4% by brothel owners and 4% by mothers.[4] However, the distinction between entry into sex work via trafficking and coercion versus voluntary entry is often not clear. The same set of social familial and economic circumstances that lead women to a decision to enter sex work increase their likelihood of being trafficked. Even when women enter sex work by choice that may not know beforehand exactly what this works entails and may be unprepared for its exploitative nature.

In addition, there is a regular call girl racket where educated girls offer themselves to make some quick money. The hotel industry is alleged for supplying call girls to satisfy their customers sexually.

V.          No Authentic Statistics on Trafficking

It is said that Nepali women and girls are internationally involved in the sex trade. Trafficking in women and girls from Nepalare mostly taken to Indiato enter into prostitution. Apart from India, Nepali women and children are being sold to countries of the Gulf including Kuwait, Saudi Arabia, under the guise of employment. It is said that about 150 Nepali girls were taken to Bangladesh. Hong Kongis the second biggest market of Nepali women & children for flesh trade. 

There are no authentic data regarding the size and nature of cross border human trafficking in Nepal.[5] Of course, we find some references regarding the extent of prostitution that too is based on either on secondary data or on unreliable research. A report estimates that only in Bombay, according to the calculations of an organization of Nepali brothel staff, there are about 20,000 Nepali in the city's flesh trade -- other agencies estimate that the actual number is closer to 50,000. Most of these women and girls work for Nepali gharwalis and almost all are illiterate. Seventy percent are thought to belong to ethnic minority groups such as the Tamang, Gurung, Magar, and Sherpa.[6]  Indian government's Human Resource Development Ministry released a report in May 1994, based on a survey conducted in 1991-1992 in six Indian cities. The study found 70,000-100,000 sex workers, of whom about a half were from Nepal.[7] Some studies suggest about 100000 commercial sex workers in various Indian cities are from Nepal. Dr. I.S. Gilada, General Secretary of the Indian Health Organization (IHO), estimated on the basis of various studies conducted between 1985 and 1994 that there were between 70,000 and 100,000 prostitutes in Bombay, 100,000 in Calcutta, 40,000 in Delhi, 40,000 in Pune and 13,000 in Nagpur. Based on his statistics, Nepali social workers estimate the number of Nepali girls and women now working in Indian brothels are about 200,000 and it is believed that between 5,000 and 7,000 new Nepali end up in Indian brothels every year. [8] IIDS and UNIFEM study also concludes that reliable research is required to find the real extent of trafficking. As it cites various sources and reports that at least 5000 women and girls have been trafficked to India annually and maximum 200000 women and girls are in various Indian brothels.[9]

WithinNepal, an estimated 25,000 sex laborers are reported of which 5000 are child sex laborers in fast growing urban and semi urban centers, 1000 alone inKathmanduvalley. More than 20% of the women in commercial sex market are under the age of 16 (UNICEF 1997).

Nepal Police in 2059 BS (2002) rescued altogether 217 women and girls from various Indo-Nepalborder points which were as follows: [10]

• Dhangadhi  27
• Thankot  25
• Dhanusha 25
• Morang  23
• Banke  117

Likewise, Maiti Nepalhas intercepted and rescued 395 and 359 persons in the years 2000 and 2001 respectively.[11] Moreover, the Census of 2001 reveals that altogether 82,712 women were absentees. Out of them 40.6% were absent without known reasons. Among the absentees how many were trafficked to different countries? No research has been conducted on this issue so far.

 

COURT CASES

An analysis of the cases related to human trafficking that were registered before the various tiers of the courts reveals some different picture regarding the extent of the problem. In 2000/2001 there were altogether 103 cases in the Supreme Court and 238 cases in various Appellate Courts of the country. Likewise, 158 cases were in the various District Courts. Similarly, in the year 2001/2002, there were 116, 222 and 103 cases in the Supreme Court, Appellate Courts and District Courts respectively.[12] From this one may infer that about 400 court cases are registered in various courts annually. Among those cases more than a half were carried over as backlogs of the last year. These statistics reveal that either human trafficking cases are under reported or the extent of the problem is not that large as it is reported by various reports. Likewise, if we analyze rescued cases it shows limited numbers of women have been rescued than that of estimated number. If the number is reliable as shown by different studies, at least 5000 girls and women ofNepal have been trafficked outsideNepal every year. It compels us to rethink about the role of state and civil society. It can be comparable with the present problem of internal conflict situation ofNepal. If the estimation holds true it would be more problematic than the Maoist insurgency prevailing in the country in terms of human rights violation. It is, therefore high time to find out real picture of such a grave problem. Whether there is misrepresentation in data creation or under reporting of the offence? A methodical research study is required to diagnose the extent the problem.

V. Efforts Made in National Level

Of late, there have been several efforts in controlling and combating the problem of human trafficking in Nepal. Reform in law and policies is one of the areas of efforts. The Constitution of the Kingdomof Nepalunder its part III guarantees various rights of the citizens that inter alia includes right against exploitation.  It also prohibits trafficking in human beings and forced labor in any form.Nepal has adopted a national policy to combat against human trafficking, to raise socio-economic status of the victim of trafficking. The policy also focuses on prevention of crime and protection and rehabilitation of the victims of trafficking. The human trafficking Control Act 1986 prescribes severe sentence for the offence of trafficking.Nepal, as a party to at least 18 international instruments, has legal obligations to control the offence of trafficking. The Convention on the Suppression of trafficking and the Exploitation of the Prostitution of Others, 1949, the Convention on the Elimination of all Form of Discrimination against Women, 1979 and the Convention of Rights of Child, 1990 etc are the major instruments among others where Nepal has been a party.Nepal has also supported regional instruments called the SAARC Convention on Regional Arrangements on Child Welfare inSouth Asia and Regional Convention on Combating the Crime of trafficking in Women and Children for Prostitution on regional level.

As it is understood, trafficking as a cross-border offence cannot be dealt with successfully at the national level alone. Rather, it should be addressed internationally. It is high time that some special measures need to be initiated in the bilateral or multilateral level.

VI. Major Legal Instruments

• Interim Constitution ofNepal, 1990
• Human Trafficking ( control) Act, 1986
• Muluki Ain (National Code), 1963
• Some Public Offences and Punishment Act, 1970,  
• The Children Act, 1992,
• The State Cases Act, 1993
• The Treaty Act, 1990

·         The Foreign Employment Act, 1985

• Convention for the Suppression of the Traffic in Person and of the Exploitation of the Prostitution of Others-1949.
• Convention on the Rights of Child-1989
• Convention on the Elimination of all Form of Discrimination against Women, 1979
• SAARC Convention on Prevention and Combating Trafficking in Women and Children-2002:
• The Forced Labour Convention (No. 29, ILO)

 

Although the Constitution of Nepal is very progressive in guaranteeing the basic human rights of the people, the laws ofNepalrelating to trafficking and its control mechanism are not in line with the Constitution. Nepali laws are not sufficient to cope with this problem. The Human Trafficking (control) Act, 1986 applies moralist and crime control approach. It does not take into account of human rights perspective. As of today, the Act does not prescribe punishment for the purchaser of women and girls for the purpose of prostitution. The statute and legal provisions containing in the National Code are not sufficient to control the problems of human trafficking inNepal. The Act is limited to prostitution and sex trade. It does not cover all aspects of human trafficking. As we know human trafficking is a broader concept than the concept of prostitution, Nepali laws do focus only on prostitution that too in a narrower sense. In view of this, a bill regarding human trafficking control was drafted. It could not come into force because of dissolution of Parliament before its term.

 VIII.Open Border

Nepalhas open border with India. There may be some benefits of it. Similarly it may have some adverse impacts as well. It is not a single state's matter of concern but a bilateral matter of the both countries. Border towns on both sides are busy markets, catering to residents from the both countries. Those markets are fertile grounds for smuggling and prostitution, serving as a nexus for brokers and agents who take advantage of the crowds of anonymous travelers, the guest lodges, and the easy access to transportation. As reported by one of the leading Dailies of India, the Hindu,[13] fencing the border is one of the measures to check trafficking in women. It reports that the National Commission for Women (NCW) has recommended complete fencing of the India Bangladesh border to check the increasing human trafficking. NCW chairperson Poornima Advani said that security measures should be taken so that women along the border are safe and the problem of infiltration is also tackled. India may need 34 more battalions of Border Security Force to man the 2200 K.M border between India and Bangladesh since 50 percent of the border was fenced.[14] Take the same example, 15 brigade of BSF may require in Indo-Nepal border which would be more costly in terms of budgetary requirement. Ms Advani also said that the state government recognized the fact that the trafficking across the national border with Nepal and Bangladesh as well as within the country was a matter of grave concern and necessitated a dialogue with the neighboring countries to discuss the issue.[15]Whatever may be the measure open border should be regulated so that criminals would not be able to make it fertile ground for criminal activities. Deploying BSF would not be practicable solution for this problem. Other possible ways  need to be identified.

A 1950 treaty with Nepalprovided for free passage and trade across the Nepal/India border. Article 7 of the treaty reads:

"The Government of India and Nepalagree to grant, on a reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matters of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature."

Subsequent governments of Nepalexpressed unhappiness with the treaty quite a few times, but although either country could terminate the treaty with a year's notice, Indiahas not wished to lose the privileges it enjoys and Nepalcannot afford the cost of a deteriorating in its trade relationship with India. On February 9, 1995, India announced that it was ready to hold talks with Nepal's new government on amending the forty-five-year-old treaty. [16]

One thousand Kilo Meter long unregulated open border betweenIndiaandNepalmay have caused difficulty in containing cross border trafficking. Offenders often change their exit point to avoid arrest. It causes difficulty to law enforcement officials. As an offence having cross border impacts some border based strategies need to be developed and implemented in order to contain this problem. Existing border based prevention mechanisms should be reassessed. Likewise, information management system regarding cross border movement needs to be developed. Strong documentation system of to and from the country should be established. While developing strategies we need to think about right to movement and human dignity aspects as well. The police, NGOs and other organizations of the both countries working for the prevention of cross border trafficking should develop a system of healthy collaboration and coordination including a culture of information sharing. AsNepalandIndiaare friendly countries they will be able to trace out the root causes of the problem and an intelligent solution thereof.

Sometimes, it is very difficult to findout whether it is migration or trafficking. It is obvious that migration is human right whereas trafficking is the serious crime under criminal law. Therefore, a clear-cut policy in this regard must be devised and implemented.

IX. Indian Laws[17]

Even inIndia the law is narrower than it requires. Suppression of Immoral Trafficking against Women (SITA), a penal law, was passed in 1956 and enforced in 1958. It was the result ofIndia's signing the Trafficking Convention. SITA did not seek the "abolition of prostitutes and prostitution as such and to make it per se a criminal offense or punish a person because one prostitutes oneself. Its stated goal was "to inhibit or abolish commercialized vice, namely the traffic in persons for the purpose of prostitution as an organized means of living." Prostitution was defined as the act of a female who offers her body for promiscuous sexual intercourse for hire. Accordingly, the engagement by a woman in individual, voluntary, and independent prostitution is not an offense under the Act.

The SITA also permits penalization of a woman found to be engaged in prostitution under certain conditions. For example, Section 7(i) penalizes a woman found engaged in prostitution in or near a public place. Section 8(b) did the same for a woman found seducing or soliciting for purposes of prostitution. The law also permits a magistrate to order the removal of a person engaged in prostitution from any place, and to punish the person upon refusal. Offenses under SITA are bailable, but a woman arrested from the street by the police usually did not have either the money or the influence to keep herself out of custody or free from fines.

Indeed, customers sometimes were called as witnesses against women accused of prostitution. Police could take into custody customers only by applying the indecent behavior and obscenity sections available under local laws, or the Indian Penal Code. For example, Section 110B of the Bombay Police Act penalizes indecent behavior and allows for the arrest of pimps and prostitutes.

Under the Immoral Traffic in Persons Prevention Act 1986 ( ITPPA) a brothel has been redefined broadly as any place where sexual exploitation or abuse occurred. Accordingly, under Section 3 of ITPPA, the keepers of any place where sexual abuse takes place could be prosecuted. In the case of trafficked women, this would now cover the houses and room where the newly trafficked girls and women were physically and psychologically broken, in the process called "training." ITPPA also attempts to remove the loopholes of lack of knowledge that SITA afforded brothel keepers and owners by placing the burden of proof on the landowner conditionally. However, the primary condition under which ITPPA could presume that a landlord had knowledge of the illegalities on his building was extremely unlikely to be met and therefore effectively useless.

Many of the amendments ITPPA made to the 1956 law endeavored to widen the act to include both men and women, and all parties involved in prostitution. But in some cases the amendments actually served to further discriminate against women in prostitution. For example, according to ITPPA, whoever attempts to solicit "by words, gestures, willful exposure of her person ...for the purpose of prostitution," shall be subject to up to one year imprisonment (six months for a first offense) and a fine of up to Rs. 500. But the 1986 amendment to the ITPPA inserts that if the offense is committed by a man, the mandatory sentence ranges from only seven days to three months.

Girls and women are treated differently under SITA, although their exploiters did not. SITA had defined adulthood as twenty-one years. Accordingly, an adult woman prosecuted for soliciting or prostituting in a public place would be tried in court and, if convicted, sent to a protective home or institution, whereas a girl was immediately referred for rehabilitation. However, the punishments for exploiters of women and girls were the same. Now, ITPPA made distinctions between "major," "minor," and "child." The Act defined as a "child" anyone who is under sixteen years of age. Persons between sixteen and eighteen years are considered "minors and anyone eighteen years or older is considered as an adult or "major." Contrary to the protections of international law, for adults, ITPPA reverses the burden of proof. While children and minors arrested under the act are presumed innocent, those over eighteen are required to prove their innocence.

In addition to this, Sections 372 and 373 of the Indian Penal Code state that anyone who buys, sells or obtains possession of any person under the age of eighteen for the purpose of prostitution, illicit intercourse, unlawful or immoral purposes, or knowing that such use at any age is likely, is subject to up to ten years of imprisonment. The IPC also contains prohibitions against indecent assaults on women under its Section 354, and kidnapping, abduction, and wrongful confinement under Sections 359-368. It  mandates imprisonment of up to ten years for the procurement or import of minors for the purposes of illicit intercourse, kidnapping and abduction leading to serious hurt, slavery or subjection to "unnatural lust" as per Section 367.

X. Approaches to Trafficking

·         Crime Control Approach: This approach does not consider other things except the way to control the crime strictly.

·         Moralist Approach: This approach perceives prostitution as an immoral act.

·         Illegal Migration Approach: This approach deals trafficking issue as the byproduct of migration.

·         Labor Law Approach: this approach focuses the problem in light of national and international labor law issue.

·         Due process or Human Rights Approach: Under this approach every individual is entitled to use his liberty without intervention of state and other people. It takes into account of the rights guaranteed by the constitution and law.

If we analyze corresponding Nepali and Indian laws that govern trafficking issues the common characteristics are that these laws are based on moralistic and crime control models. Moreover, these laws adopt paternalistic approach while dealing the issue of trafficking and prostitution.

XI. What we need to do?

·         Legal Reform

·         Research on the extent and scope of trafficking

·         Awareness and Education

·         Rehabilitation

·         Border Measures

·         National Priority

·         Adherence to international obligations to suppress trafficking,

·         Consolidation of institutional mechanisms,

·         NGO and INGO initiatives and rescue and rehabilitation of trafficked persons

XII. Principles and Guidelines on Human rights and Human Trafficking

United Nations has recommended some Guidelines on Human rights and human trafficking in 2002 AD. Those guidelines cover the following areas:[18]

1.      Promotion and protection of human rights

2.      Identification of trafficked persons and traffickers

3.      Research, analysis, evaluation and dissemination

4.      Ensuring an adequate legal framework

5.      Ensuring adequate law enforcement response

6.      Protection and support for trafficked persons

7.      Preventing trafficking

8.      Special measures for the protection and support of child victims of trafficking

9.      Access to remedies

10.  Obligation of peacekeepers civilian police and humanitarian and diplomatic personnel

11.  Cooperation and coordination between states and regions

 

XIII. National Policies:

The Ninth plan focuses on the programs regarding identification of crimes, necessary punishment, remedy and rehabilitation system and raising social consciousness.Morever, HMG/Nepalhas also adopted a national policy to prevent, protect and rehabilitate the trafficked victims. The National policy focuses on the following areas:

• Ministry of Women, Children and Social Welfare act as a Focal Point for carrying out programs against girls and women trafficking.
• All necessary measures to protect human rights and the rights of women will be taken by HMG/Nepal.
• Public awareness campaign will be carried out on this issue.
• Necessary actions will be taken to remove discriminatory laws.
• INGOs NGOs and private sector organizations will be mobilized to combat the problem of human trafficking.

·         Amount collected from fines shall be utilized to rehabilitate the victim of trafficking.

·         Necessary steps shall be taken to control the disease like HIV/ AIDS, as they are connected with trafficking and commercial sexual exploitation.

·          District level coordination committees shall be formed to function as the coordinating communication centers.

·         In collaboration with NGOs rehabilitation program for the rescued girls and women will be organized.

·         HMG will initiate programs for co-operation with the bilateral and multilateral donors to combat the problem of human trafficking.

·         Formal and vocational education and employment-oriented programs will be conducted in order to control human trafficking.

·         Strict and effective law will be enacted.

·         Poverty will be controlled and Employment opportunities to women will be expanded

 

XIV. National Plan of Action

Nepal Government approved a National Plan of Action against trafficking in women and children for commercial sexual exploitation on 29 July 1999. The plan of action prescribes national strategy for combating trafficking and its various causes. The plan of action has adopted multi-pronged and multi-sectoral implementation of programs. It contains a various programs of short-term, medium-term and long-term nature. The areas of conducting program are as follows:

• legislation and enforcement
• research, policy and institutional development
• health and education
• awareness creation, advocacy, networking and social mobilization
• employment and income generation
• reintegration and rescue

 

XV. Institutional Setup

• Ministry of Women, Children and Social Welfare:
• National Coordination Committee to combat the problem of trafficking:
• National Task Force on trafficking:
• District Task Force:
• Women Cell in the Police Department:
• A High Level Committee has been formed by Nepal Government under the Chairmanship of Chief Secretary to initiate bilateral talks withIndiaon the issues of trafficking. The committee comprises the representatives from National Planning Commission, Ministry of Labor, Home, Foreign Affairs and Laws.
• NGO Initiatives.
• Establishment of the Office of the National Rapporteur.

 

XVI. Trafficking in Women: Existing Check Post of Women Group[19]

·         Thankot

·         Kakadvitta, Jhapa

·         Rani, Biratnagar

·         Bhittamod, Mahottari

·         Jamuna, Bake

·         Inaruwa, Sunsari

·         Belahiya, Rupandehi

·         Gadda, Kanchanpur

 

XVII. Concluding Remarks

Human trafficking is one of the serious problems comparable with insurgency problem ofNepal. It has long-term adverse impact on National development. It is not confined with human rights issue; rather it has been associated with numerous other issues. Although there have been many efforts in national as well as international level the problem remains an unsolved problem. It has undermined our civilization and humanity. Containing the problem requires a number of strategies and measures including border measures and bilateral and multilateral arrangements. Above all, we must be able to find out its real extent and nature. Hence, a thorough research is recommended.

 

---

[1] This paper does not cover every aspect of trafficking in Nepal.It is prepared for the purpose of kicking off the discussion on the subject. Information used in this paper is gathered from various sources. I acknowledge the help of them whose study and research have been used in this paper.

[2] Times News Network , Saturday, March 20 2004

[3] Ibid

[4] Presented by UNICEF at the consultative workshop for the development of National plan of Action against Trafficking in children and their commercial sexual exploitation 1998.

 

[5] Status and Dimensions of trafficking within Nepali Context, IIDS and UNIFEM 14-15 (March 2004)

 

[6] Report of Human Rights Watch/Asia

[7] Prostitution in Metropolitan Cities of India, Central Social Welfare Board, Submitted to the Human Resource Development Ministry in August 1993, released May 1994, cited in The Pioneer (Delhi, India), June 15, 1994; The Statesman (Delhi, India), June 8, 1994; Sunday Observer (Delhi, India), October 3, 1993).

[8] The Telegraph (Calcutta, India), "Green Signal for the Red Light," February 22, 1994.

 

[9] See in detailed in "Status and Dimensions of trafficking within Nepali Context", IIDS and UNIFEM 14-15 (March 2004)

[10] Source:  Central Women's Police Cell /Nepal

[11] Source: MaitiNepal

[12] Annual Reports of the Supreme Court of Nepal, 2000/2001, 2001/2002

[13] The Hindu,June 8 2004.

[14] Ibid.

[15] Ibid

[16] Source: RAPE FOR PROFIT: Trafficking of Nepali Girls and Women to India's Brothels October 2000 Vol. 12, No. 5 (A) Human Rights Watch/Asia.

[17] Ibid.

[18] See Recommended Principles and Guidelines on Human rights and Human Trafficking, United Nations, New York and Geneva, 2002

 

[19] Source: Central Women's Police Cell

For More: http://nalcnepal.com/index.php/component/content/article/82-articles/105-some-considerable-issues-for-cross-border-human-trafficking.html?showall=1&limitstart= 

Virus-free. www.avast.com