FROM BONDAGE TO FREEDOM
95
Following the Male Declaration of the 9th SAARC Summit in 1997,
the Technical Committee on Women and Development has prepared a
draft of SAARC Convention on Trafficking that was finalized in the Tenth
SAARC Summit of the Heads of the State Government in Colombo, July
1998. The SAARC Convention was signed on 5th January 2002 at
Kathmandu and shall enter into force on the fifteenth day following the
day of the deposit of the seventh instrument of ratification with the
Secretary General of the SAARC.
Important Provisions of the SAARC Convention
The member States of the South Asian Association for Regional
Cooperation (SAARC) are the parties to the SAARC Convention240. The
SAARC Convention emphasizes that the evil of trafficking in women and
children for the purpose of prostitution is incompatible with the dignity
and honour of human beings and recognizes in this regard the importance
of establishing effective regional cooperation for preventing trafficking
for prostitution and for investigations, detection, interdiction, prosecution
and punishment of those responsible for such trafficking. It also
emphasizes the need to strengthen cooperation in providing assistance,
rehabilitation and repatriation to victims of trafficking for prostitution.
Definitions
The SAARC Convention defines trafficking as moving, selling or
buying of women and children for prostitution within and outside a
country for monetary or other considerations with or without the consent
of the person subjected to trafficking241 In the Convention, the “persons
subjected to trafficking” is limited to only women and children who are
victimized or forced into prostitution by the traffickers by deception,
threat, coercion, kidnapping, sale, fraudulent marriage, child marriage,
or any other unlawful means242. “Traffickers” have been defined as
persons, agencies or institutions engaged in any form of trafficking243 while
“prostitution” means the sexual exploitation or abuse of persons for
commercial purposes244.
240
The SAARC Convention on Preventing and Combating Trafficking in Women and Children for
Prostitution signed on 5th January, 2002 at Kathmandu.
241
Ibid, Art. I (3).
242
Ibid, Art I (5).
243
Ibid, Art 1 (4).
244
Ibid, Art 1 (2).