A/HRC/38/41/Add.1 17. Nepal also passed a Human Trafficking and Transportation (Control) Act in 2007, supported by regulations in 2008. Human trafficking is defined as the act of selling or purchasing a person for any purpose, using someone for the purpose of prostitution, or for the purpose of unlawfully extracting a human organ (sec. 4 (1)). The act of transportation is defined as taking a person out of the country for the purpose of buying and selling (sec. 4 (2) (a)), taking someone from their place or residence, or from the custody of another person, through enticement, inducement, deception, forgery, coercion, abduction or threats, exerting influence and abuse of power, including through threats or coercion of the guardian or custodian of the victim, or take to any place within Nepal or abroad or hand him or her over to somebody else for the purpose of prostitution and exploitation (sec. 4 (2) (b)). 18. The Immigration Act of 1992 and the relevant 1994 rules lay out provisions to regulate and control the entry into, stay in and departure from Nepal of foreign nationals. The Nepal Citizenship Act of 2006 sets out the provisions for acquiring Nepalese citizenship. 19. The Trade Union Act of 1999 amending the Act of 1992 defines requirements for the formation and membership of trade unions and associations. The Labour Act of 2017, replacing the Act of 1992, defines the rights, interests, facilities and safety of workers. The Child Labour (Prohibition and Regulation) Act 2000 prohibits child labour and contains provisions for legal action against those exploiting children. 2. National institutions 20. The provisions in the national legislation and regulations also require the establishment of specific institutions responsible for labour migration. Functioning under the Ministry of Labour, Employment and Social Protection, responsible for policy formulation and planning, they include the Department of Foreign Employment, the Foreign Employment Promotion Board and its welfare fund and the Foreign Employment Tribunal. 21. The creation of the Department of Foreign Employment is an indication of the priority given to labour migration in Nepal. It is responsible for administering and regulating the recruitment industry and for investigating complaints. The Foreign Employment Act established the Foreign Employment Tribunal, which according to international standards, is a semi-judicial body. 22. The Foreign Employment Promotion Board aims to make foreign employment safe, systematic and respectable, and protects the rights and welfare of workers and foreign employment entrepreneurs. The Board has been given the responsibility of determining the curriculum and standards of the mandatory pre-departure orientation programme. Any institution that wants to provide such programmes must apply to the Department of Foreign Employment for a licence. 23. The Foreign Employment Act also provides for the establishment of a foreign employment welfare fund under the Foreign Employment Promotion Board, in order to provide for social security and ensure the welfare of migrant workers and their families. 24. The Foreign Employment Act and its 2008 rules are completed by the 2012 foreign employment policy, whose goal is to make foreign employment safe, organized, respectable and reliable and utilize economic and non-economic benefits to alleviate poverty and maximize the contributions of foreign employment to the country’s sustainable economic and social development. At the same time it seeks to overcome the shortcomings of the Act and rules, including by incorporating various provisions of international standards. The Government launched a detailed national strategic action plan for the period 2015–2020, through which it sought to translate the objectives, aims and policy pillars of its foreign employment policy into reality. 25. The National Human Rights Commission was established in 2000. The 2007 Interim Constitution of Nepal made the Commission a constitutional body and the 2015 Constitution retained that provision. The National Human Rights Commission Act was enacted by the Constituent Assembly in 2012 and defines the functions, duties and powers 6