SEX WORK AND THE LAW - HIV/AIDS Data Hub

2. The government, donors and UN agencies should ensure meaningful participation of
key affected populations in developing non-judgmental, rights based and evidence
based laws, policies and programmes.
3. The Nepal police should ensure that the regular police trainings include information
on HIV/AIDS, sexual orientation, gender identity and human rights to prevent police
abuse of key affected populations.
4. Programmes should be organized where the police and the key affected populations
sit together and discuss the issues and solutions.
5. Police should be gender sensitive during raids and should involve women police
officers in these activities.
6. Government should ensure that a transparent and independent police complaint
mechanism is in place that can help prevent and remedy police abuses against key
affected populations.
7. The Ministry of Education should review, revise and update the curriculum of
secondary and high school students to ensure the incorporation of information about
the circumstances of key affected populations.
8. The Ministry of Law and Justice and the legal profession should ensure the creation
of a trained and sensitized legal work force with expertise in providing legal services
to key affected populations.
9. Government and donors need to recognize the importance of and allocate resources
to create a legal environment that enables key affected populations access to HIV
related services.
Recommendations on law reform
10. Revise the Narcotics Act to address sections which conflict with international best
practice and negatively impact upon harm reduction initiatives.
11. Amend the draft Criminal and Civil Code to the extent it discriminates against people
living with HIV, LGBTI individuals, female sex workers and people who inject drugs.
12. The Government of Nepal needs to take immediate action to enact an HIV/AIDS Bill, in
accordance with the direction of the Supreme Court of Nepal in 2007.
13. The Government should act on direction of the Supreme Court in 2007 in relation to
LGBTI rights to acquire a separate identity card recognizing the third gender.
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