SEX WORK AND THE LAW - HIV/AIDS Data Hub

she showed her outreach worker ID card, she was kept in custody for 5 hours. She was
finally released by a police officer who knew her.
Another study involved interviews and field observations with 15 female sex workers
(FSWs) from Kathmandu Valley. The study found:
Nepal
Most of the FSWs claimed or perceived a threat that they could be arrested by the police
and kept in jail if their identity as sex workers was discovered. A few FSWs reported
that due to police raids for condoms (if they had condoms on their possession, they
were ‘charged’ as sex workers), they no longer carry condoms with them. Most FSWs,
when asked if they were carrying condoms on their possession, said no because they
feared that the police would search their bags and find them. A typical answer to the
question; “Do you keep condoms with you?” was:
‘No I don’t...if the police checks my bags searching for a bomb during war, it is sure he
will take me to jail. For them both bomb and condoms are similar, both are illegal.’
Even peer-educators, who have identity cards that should protect them from police
harassment, are still harassed for example:
‘The police took me into custody for a couple of months after they found condoms
with me. They beat me up with a stick. I had many bruises on my body. At one point I
lost my capacity to stand. They also stole all my money from my purse.’ 241
4.6.3 Efforts to improve the legal environment
Jagriti Mahila Maha Sangh (JMMS, Federation of Female Sex Workers in Nepal) and Blue
Diamond Society (BDS) are community based organizations that advocate for improved
legal protections for the human rights of sex workers. Jagriti Mahila Maha Sangh is
a federation with 26 associate members from 23 districts. JMMS argued for the new
Constitution of Nepal to include consideration of sex workers’ rights to security and nondiscrimination.
242 Initiatives that BDS have implemented to improve the social and legal
environment for sex workers include: submissions to parliament proposing amendments
to the Draft Criminal and Civil Code Bills; public awareness and community mobilization
work (e.g., hosting transgender pageant shows; supporting Pride Parades; hosting
television shows); and conducting advocacy seminars.
The Government of Nepal has published an HIV/AIDS Curriculum for Senior-Level Police,
which promotes a human rights-based approach to policing of sex workers and
discourages targeting of sex workers for arrest or harassment. 243 (It is unknown how this
resource has been used in practice. Sex workers consulted in 2011 noted that despite the
existence of the Curriculum, sex workers are still harassed by the police and there is a need
to reach junior police as well as senior police).
Sex workers consulted in 2011 proposed the following recommendations:
1. Empowerment of key affected populations through free legal aid services, legal
literacy workshops, leadership, advocacy and life skills to help build self esteem and
confidence.
241 Ghimire L., Smith W., van Teijlingen E., et al (2011) Reasons for non-use of condoms and self-efficacy
among female sex workers: a qualitative study in Nepal, BMC Womens Health. 11: 42.
242 Sarkar S. (2011) Nepal: Sex Workers Demand a Place in the Constitution, Inter Press Service, 12 July 2011.
243 Nepal Police (2005) HIV/AIDS Curriculum for Senior-Level Police, Kathmandu: Home Ministry, available at:
http://www.policyproject.com/pubs/countryreports/NEP_PoliceCurriculum.pdf
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