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23 Generally, it is found that the number of night entertainment establishments has been exaggerated by government and the media. However, because many night entertainment venues are unregistered, many go uncounted. The estimates given here are from the Nepal Restaurant Entrepreneurs Association (NREA) and from site observations during the situation analysis conducted for this document. 24 In a 2008 study by Shakti Samuha (Shakti Samuha. [2008]. A Study on the Condition of Slavery among Girls and Women Employed in the Restaurants and Massage Parlours of Kathmandu Valley. Kathmandu: Shakti Samuha, hereinafter referred to as the Shakti Samuha 2008 study), 46.2 % of respondents stated that their ‘additional duties’ included sex work. In the ActionAid 2004 study, 37% of cabin restaurant workers stated that their activities included either masturbation, oral sex or going with the customers for sex. 25 In the Shakti Samuha 2008 study, 73% of respondents stated that they performed ‘additional duties’ due to force from the employer or the customer. 26 The percentage of children under 18 years is stated as 33% by the Shakti Samuha 2008 study, 16% by a study conducted in 2004 by the National Human Rights Commission (National Human Rights Commission, International Labour Organisation. [2004]. Girls and Young Women Employed in Entertainment Sector [draft], hereinafter referred to as the NHRC 2004 study), and less than 30% by the ActionAid 2004 study. 27 Ministry of Women, Children and Social Welfare, Government of Nepal. (2008). Study Report about Cabin, Dance Restaurant and Massage Parlours. Kathmandu: MoWCSW. 28 The NHRC 2004 study indicates that 47% of respondents stated that they entered the industry before the age of 18. 22% stated that they entered before the age of 16. 29 New ERA, UNICEF. (1998). A Situation Analysis of Sex Work and Trafficking in Nepal, with Reference to Children. (unpublished document) 30 Ibid. 31 National Human Rights Commission, Government of Nepal. (2008). Trafficking in Persons Especially on Women and Children in Nepal: National Report 2006-2007. Kathmandu: NHRC. 32 NHRC 2004 study. 33 The Supreme Court held that sex work is like any other profession, and that no discrimination could be made on the basis of sex work. The petition challenged the discriminatory provision of the existing rape law that provided lower punishment for raping a prostitute. The court held that it is not reasonable to punish a crime differently only on the basis of profession or character. (Sapana Pradhan Malla for FWLD v. GoN, writ no. 56/2058. Date of decision: May 2, 2002 (2059/1/18 B.S.). Publication of judgment relating to Human Rights (special issue), Kathmandu, Supreme Court, pp. 144- 151.) 34 Article 12 (3) (f) of the Interim Constitution confers the freedom to practice any profession or carry on any occupation, industry or trade, except in a situation in which the law imposes restrictions on an act that may be contrary to public health or morality. 2010 Terre des hommes www.tdh.ch 122
35 The Human Trafficking and Transportation (Control) Act, 2064 (2007) states that a person shall be deemed to have committed the act of trafficking in person for: causing someone to be engaged in prostitution by receiving or not receiving benefit of any kind (Section 4 (1) (b), and for having sexual intercourse with a prostitute (Section 4 (1) (d). 36 Section 2 (c) of the Some Public (Offences and Penalties) Act, 2027, 1970 states: ‘Some public offences are prohibited: No person shall commit any of the following acts: (c) Using obscene words, speeches or signs and disturbing the peace thereby, or engaging in obscene acts at a public place.’ 37 New ERA 2003 study. 38 The percentage of females under 25 in the entertainment sector is stated as approximately 95% by the Shakti Samuha 2008 study, and 75% by a study conducted by New ERA in 2006 (New ERA, Family Health International, SACTS. [2006]. Integrated Bio-Behavioral Survey among Female Sex Workers Kathmandu Valley: Round II – 2006. Kathmandu: New ERA, hereinafter referred to as the New ERA 2006 study). The percentage of females under 18 in the entertainment sector is stated as 33% by the Shakti Samuha 2008 study, and 16% by the NHRC 2004 study. It is difficult to determine the actual percentage because many girls in the industry claim to be older than 17. 39 The percentage of females from Chettri and Brahmin communities is stated as 40% in the Shakti Samuha 2008 study, 40% in the New ERA 2006 study, and 35% by a study published in 2006 by the National Human Rights Commission (National Human Rights Commission, International Labour Organisation. [2006]. A Study of Girls and Women Employed in the Restaurants of Selected Cities in Nepal. Kathmandu: ILO, hereinafter referred to as the NHRC 2006 study). 40 It is difficult to determine the actual proportion because, in the entertainment industry, many girls and women from dalit communities claim to be from “higher caste” communities. World Education reports a percentage of Dalit girls nearer to 20%. 41 Data gathered by Terre des hommes Foundation and Change Nepal, January-June 2009. 42 The percentage of girls and women who joined the entertainment profession due to economic problems is stated as 79% by the Shakti Samuha 2008 study, 43% by the ActionAid 2004 study, and 70% by the NHRC 2006 study. 43 The percentage of girls and women who advise others not to join the entertainment profession is stated as 90% by the Shakti Samuha 2008 study and 87% by the NHRC 2006 study. 44 The percentage of girls and women with primary education or less is stated as 51% by the Shakti Samuha 2008 study, 60% by the NHRC 2006 study, and 68% by the New ERA 2006 study. 45 The percentage of ever-married girls and women is stated as 44% by the Shakti Samuha 2008 study, 54% by the ActionAid 2004 study, 46% by the NHRC 2006 study, 72% by the New ERA 2006 study, and 38% by a study being prepared in 2008 for the International Labour Organisation (International Labour Organisation, Shrestha, A.D. [2008]. Women’s Employment Status in Nepal: A Study of 2010 Terre des hommes www.tdh.ch 123
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Publications of Terre des hommes en
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CONTENTS ACRONYMS 5 PREFACE BY THE
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Terre des hommes Foundation deserve
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Isn’t it too late already The Nep
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One or several acts Human trafficki
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‘sale’ and normally do not adop
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Are boys also victims of traffickin
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A girl in a cabin restaurant in Pok
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clients - who now access sex worker
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How are victims trafficked Girls an
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© Giulio Di Sturco/VII Mentor Prog
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the Shakti Samuha 2008 study, 73% o
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The table below presents the age an
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increasingly engage in personal soc
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©Giulio Di Sturco/VII Mentor Progr
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The maze of alleys south of Sundhar
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usually take place in dohoris, alth
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Guest houses Guest houses, or ‘lo
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Unsupported by husbands Absentee hu
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PROCURING SEX IN THE ENTERTAINMENT
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Nepal’s entertainment and sex ind
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More than two-thirds of restaurant
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‘My own close relatives brought m
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The table below presents the psycho
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girls’ and women’s bodies invit
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The threat of arrest gives the poli
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A better salary, but not enough One
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either from ‘advances’ given to
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In regard to the entertainment indu
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© Giulio Di Sturco/VII Mentor Prog
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is a fantasy. In Thailand and India
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sex worker, few are willing to risk
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Will a ‘red light area’ fix the
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A Protection and Social Welfare Sys
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THE STAKEHOLDERS GOVERNMENT Ministr
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Page 92 and 93: Regulation) Act 2053 to work in res
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Page 96 and 97: forms of gender discrimination, pre
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Page 102 and 103: · Optional Protocol of the Convent
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Page 106 and 107: RESOURCES Organisations or entities
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Page 112 and 113: ANTI-TRAFFICKING NETWORKS Alliance
Page 114 and 115: PERSONS INTERVIEWED ANNEX IV. Aarat
Page 116 and 117: BIBLIOGRAPHY ANNEX V. ActionAid Nep
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Page 120 and 121: ENDNOTES ANNEX VI. 1 IRIN Web Speci
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