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Women Workers in Woolen Carpet Industry, Commercial Shops and Cabin/Dance Restaurants. Kathmandu: ILO. [draft], hereinafter referred to as the ILO 2008 study) The average of the percentages is 51%. The percentage of girls and women living with their husbands is stated as 14.3% by the Shakti Samuha 2008 study and 15% by the NHRC 2006 study. 46 It should be noted that many girls and women refer to their male partners as “husbands” but while in fact these can be pimps, boyfriends or married clients who are the fathers of their children. 47 The law affords women some recompense after abandonment, if it does not punish the husband. A woman may file for divorce after the husband is absent or does not provide her with subsistence for 3 years as well as for evicting her from the house, inflicting physical or mental injury or rape. A wife is entitled to get her share of property from the husband if she is abandoned without being provided any maintenance by either the husband alone or his parents, if she is treated cruelly or if the husband has brought or kept a second wife (No. 4, Chapter on Husband and Wife of the Country Code, 1963). 48 The New ERA 2006 study found that 21% of the husbands of establishment-based sex workers had a co-wife. Bigamy conducted by men is illegal under Nepali law, though not bigamy conducted by women (No. 9, Chapter on Marriage of the Country Code, 1963). However, the law permits the husband to commit bigamy without consent of the first wife if she has taken her share of property due to his abandonment or cruel treatment (No. 10, Chapter on Marriage of the Country Code, 1963). This creates a situation in which the woman must choose between her conjugal life or a share of property. 49 The percentage of girls and women with one or more children is stated as 70% by the Shakti Samuha 2008 study, 66% by the NHRC 2006 study, 54% by the ActionAid 2004 study and 56% by the New ERA 2006 study, averaging 61%. The New ERA 2006 study found that the mean number of children per girl/woman was two. 50 NHRC 2004 study. 51 The New ERA 2006 study and the NHRC 2004 study noted businessmen, service holders, police and soldiers to be the primary clients of establishment-based sex workers in the Kathmandu Valley. 52 NHRC 2004 study. 53 Shakti Samuha 2008 study, ActionAid 2004 study. 54 During the situation analysis conducted in conjunction with this document, when phoned with a request for girls, the majority of guest houses told the researchers that girls could be provided. 55 Shakti Samuha 2008 study. 56 A note on sex workers’ rights: While adult sex workers have the constitutional right to conduct their profession, in practice every efforts must be made to ensure that their health and well-being are protected. At the same time, the discourse on sex worker rights often overshadows the issues of sexual exploitation. In Nepal’s entertainment industry, there are three types of girls and women: those who are admitted sex workers, those who are coerced into prostitution, and those who do not conduct sex work, but must submit to groping and sexual harassment in the workplace. The first 2010 Terre des hommes www.tdh.ch 124
may assert their rights as sex workers; the latter two are victims of sexual exploitation. on its travel website. After international reaction following a comment in the Economist about the government’s support of sex tourism, the webpage was withdrawn. Whether prostitution per se is a form of sexual exploitation is a longdebated subject. On one hand is the issue of ‘free choice’- that sex International Labour Organisation, New ERA. (2005). Study on 62 workers have the right to ‘choose’ the profession. But how much the Demand Side of Trafficking of Children and Women in Nepal. does the term ‘free choice’ apply to persons who have no viable Kathmandu: ILO. (hereinafter referred to as the ILO/New ERA 2005 alternatives and must feed themselves and their children On the study) other hand is the issue of violence, and of the physical, social and 63 psychological impacts that appear to be inevitably connected with The percentage of girls and women who entered by their own sex work in South Asia. International and national law clearly indicate decision is stated as 18% by the Shakti Samuha 2008 study, 33% by that children do not have the ‘right’ to conduct sex work because the ActionAid 2004 study, and 37% by the ILO/New ERA 2005 it is deleterious to their well-being. Adults may have the right to study. conduct sex work, deleterious or not – provided that they have 64 made a free choice among other viable options for employment. And The percentage of girls and women who entered through the this is the key: are the girls and women of Nepal – who need to influence of friends is stated as 63% by the Shakti Samuha 2008 support themselves but have only worse options – really making a study, 52% by the ActionAid 2004 study, and 51% by the ILO/New ‘free choice’ ERA 2005 study. 57 Shakti Samuha 2008 study. 65 An NGO working with entertainment workers claims that girls are paid approximately NPR. 500 for each girl they bring into the 58 Information is taken from interviews conducted for this study. industry, and return to their villages every 6 or 7 months, bringing Informants requested anonymity. back several new girls. 59 Observations conducted by the author during visits to Delhi in 66 The percentage of girls and women who entered through the 2008. influence of family and/or community members is stated as 11% by the Shakti Samuha 2008 study and 15% by the ActionAid 2004 study. 60 Interview with persons at INCIDIN Bangladesh and Aparajeyo Bangladesh. 61 In 2008, the Nepal Tourism Board advertised ‘Wild Stag Weekends’ 67 52% of cabin workers reported that people came to offer then work in Hong Kong, UAE, Saudi Arabia and other countries, according to the ActionAid 2004 study. 2010 Terre des hommes www.tdh.ch 125
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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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to minimize trafficking of women, d
Page 74 and 75: Ministry of Labour and Transport Ma
Page 76 and 77: agencies and international organisa
Page 78 and 79: PROGRESS SINCE 2000 Although the en
Page 80 and 81: 2005 National HIV/AIDS Strategy (20
Page 82 and 83: of the writ petition filed by Pro-p
Page 84 and 85: BEYOND REGULATIONS The primary resp
Page 86 and 87: Work Accomplished by the Office of
Page 88 and 89: either be repealed or revised for c
Page 90 and 91: mentions single women: ‘The state
Page 92 and 93: Regulation) Act 2053 to work in res
Page 94 and 95: Policy: The practice of placing “
Page 96 and 97: forms of gender discrimination, pre
Page 98 and 99: WHAT SHOULD BE THE PRIORITY The sit
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Page 102 and 103: · Optional Protocol of the Convent
Page 104 and 105: LEGISLATION An Act to Amend Some Ne
Page 106 and 107: RESOURCES Organisations or entities
Page 108 and 109: Samrakshak Samuha Nepal. Puja Dhima
Page 110 and 111: 26538, Thapathali, Kathmandu. Tel:
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
Page 118 and 119: National Centre for AIDS and STD Co
Page 120 and 121: ENDNOTES ANNEX VI. 1 IRIN Web Speci
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Page 126 and 127: 68 The percentage of females under
Page 128 and 129: 100 ActionAid 2004 study. 101 Actio
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