Rights Column
Kathmandu Declaration
South Asian Judges' Workshop on Combating Trafficking in Women & Children
September 23-25, 2005
The Workshop of South Asian Judges on Combating Trafficking in Women and Children, have been a real eye opener. Members of the judiciary of different countries have been deliberating on this issue of trafficking of women & children for the past three days, which in itself was very thought provoking. Crucial issues were discussed, and debated upon. There appears to be an absolute ad-idem amongst the participating members that there is a greater need for formulating new laws, new means and new methodology to combat this despicable and heinous crime of trafficking in women and children. The cause may vary from country to country due to difference in economic, social, religious and other allied issues. But the ultimate result is as devastating as in any country. The ill effect of trafficking of women and children is felt in the same way in every society and in every country. The problem gets aggravated when this crime transcends regional boundaries as it becomes even more difficult to tackle, primarily because the law enforcement agencies in different countries act under different legal structure. Unless we have a uniform codified system cross border or regional trafficking will be extremely difficult to control far less to eradicate which should be our ultimate goal. Trafficking in women and children is like a contagious decease which knows no boundary, does not distinguish between any religion, cast or creed, but affects every one equally.
After having discussed on this issue, an idea which was first mooted by Mr. Justice Sharif Uddin Chaklader and Justice Tariq UL Hakim, of the Bangladesh, that we members of south Asian community should have a centralized tribunal or court, to deal with this regional trafficking received a general acceptance from all members present. The idea by itself is like a small step towards a giant leap for the mankind hence, we this day of 25th September, 2005 do hereby declare and propose that a Tribunal or/ a Court of South Asian Countries be constituted to deal with the cases relating to regional trafficking of women and children. A draft instrument is required to be prepared for constituting such a tribunal under the active participation of National Judicial Academy and circulated amongst the members of the South Asian Countries for their respective invaluable suggestion and comments, before it is finalized. In the event the proposal is accepted by all the members of the South Asian Community, then modalities will have to be finalized as to how best we can achieve this objective of creating a tribunal or court to deal with cases relating to trafficking of women and children involving South Asian countries.
Source : National Judicial Training Academy.
