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2005 National HIV/AIDS Strategy (2006 – 2011) The strategy recognizes that many factors have increased the vulnerability of country towards HIV and AIDS, including ‘the increasing number of young girls pushed into the sex trade in major urban areas,’ and includes sex workers as one of the most at-risk populations. The strategy specifically acknowledges that while HIV-related health services are not easily accessed by socially disadvantaged groups such as sex workers, specialized and isolated services designed for them increase their social stigma and further exclude them from society. The strategy calls for conscious and balanced interventions to address the needs of marginalized populations. 2006 An Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2063 This law amended the chapter in the Country Code which penalizes sexual harassment against women. The law expands the definition of sexual harassment from touching the body to include teasing and verbal sexual harassment, removal of clothing, exposure to sexual images and other forms of harassment. However, the provision does not specifically address sexual harassment in the workplace. 2007 Interim Constitution of Nepal, 2063 The Interim Constitution is a well-considered document which encourages special measures to guarantee the equality of 2010 Terre des hommes www.tdh.ch 80 women and children, guarantees the right of privacy, encourages special provisions of social security for single women and children, confers the freedom to practice any profession (with the limitation of ‘acts that may be contrary to public health or morality’), guarantees the right of children and all persons against any form of exploitation as well as trafficking and slavery (although it does not adequately define ‘exploitation’), prohibits forced labour, guarantees women’s reproductive health rights, and prohibits and punishes all forms of violence against women. Sapana Pradhan Malla for FWLD v. GoN, Writ no. 3561 of 2063. Based on this case, the Supreme Court issued a directive order to enact appropriate laws to protect the confidentiality of women, children and other parties in the judicial proceedings of sensitive cases like violence, HIV infection and sexual offences. Human Trafficking and Transportation (Control) Act, 2064 While this Act is an improvement over previous legislation in more adequately defining the mechanisms of human trafficking, it reflects Nepal’s longstanding concern with the trafficking of girls and women to India, and relative lack of concern about child prostitution and trafficking within the country. The Act places emphasis on punishing the trafficker/transporter rather than the long-term exploiter, whether brothel owner or sex abuser. In addition, the punishment for taking a person to a foreign country is approximately twice that of taking a person
from one place to another in Nepal. The primary constraint in the Act is its mixing of prostitution with trafficking. It defines, among else, having sex with a prostitute as trafficking. At the same time, while providing extra penalties for the transportation of a child for the purpose of exploitation, it is silent regarding engaging children in prostitution and on clients’ use of child prostitutes. 2008 Human Trafficking (Control) Regulation, 2065 In order to implement the Trafficking Act, this regulation establishes National and District Committees to plan, formulate and implement policies, projects and programmes related to anti-trafficking. The Committees oversee the rescue of externally and internally trafficked persons, and oversee and monitor rehabilitation centres. District Committees can establish and operate centres for trafficking victims in collaboration with NGOs. The relationship of the National and District Committees with the National and District Child Welfare Boards, also concerned with the rehabilitation of child victims, is not clarified in the document. National Policy on HIV/AIDS and Workplace, 2064 This policy directs the development of laws and mechanisms which require the employer to take measures to protect women employees from sexual harassment in the workplace and to prevent discrimination against persons living with HIV/AIDS. Three-Year Interim Plan (2064/65 – 2066/67) Among the plan’s policies for children is the Child Welfare Program, which includes a grant ‘for rehabilitation including education, health, psychosocial counselling for those affected and children at risk’ and a review of policies, laws and amendments related to children. Notably, the plan recognizes the needs of single women, and among its policies states that ‘special measures will be taken to socially and economically empower single women’, as well as to ensure women’s right to reproductive and sexual health. The plan also adopts a strategy to strengthen the effectiveness of the existing health care programmes addressing the physical and mental health of those who are affected by, among else, gender-based violence. Pro-public v. GoN, Writ no. 2822 of 2065 Following a writ petition filed by Pro-public and the review of a study report on cabin and dance restaurants and massage parlours facilitated by the Ministry of Women, Children and Social Welfare, the Supreme Court issued a directive order requiring the government to enact a separate and appropriate law for protecting the rights of women working in cabin and dance restaurants and massage parlours. The writ also demanded guidelines to end all kinds of sexual and economic exploitation against women workers. Directives to Control Sexual Harassment towards Working Women in Work-Places such as Dance Restaurants, Dance Bars, 2065 The Directives were issued by the Supreme Court as a result 2010 Terre des hommes www.tdh.ch 81
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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
Page 26 and 27:
The table below presents the age an
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increasingly engage in personal soc
Page 30 and 31: ©Giulio Di Sturco/VII Mentor Progr
Page 32 and 33: The maze of alleys south of Sundhar
Page 34 and 35: usually take place in dohoris, alth
Page 36 and 37: Guest houses Guest houses, or ‘lo
Page 38 and 39: Unsupported by husbands Absentee hu
Page 40 and 41: PROCURING SEX IN THE ENTERTAINMENT
Page 42 and 43: Nepal’s entertainment and sex ind
Page 44 and 45: More than two-thirds of restaurant
Page 46 and 47: ‘My own close relatives brought m
Page 48 and 49: The table below presents the psycho
Page 50 and 51: girls’ and women’s bodies invit
Page 52 and 53: The threat of arrest gives the poli
Page 54 and 55: A better salary, but not enough One
Page 56 and 57: either from ‘advances’ given to
Page 58 and 59: In regard to the entertainment indu
Page 60 and 61: © Giulio Di Sturco/VII Mentor Prog
Page 62 and 63: is a fantasy. In Thailand and India
Page 64 and 65: sex worker, few are willing to risk
Page 66 and 67: Will a ‘red light area’ fix the
Page 68 and 69: A Protection and Social Welfare Sys
Page 70 and 71: THE STAKEHOLDERS GOVERNMENT Ministr
Page 72 and 73: 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 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
Page 100 and 101: © Giulio Di Sturco/VII Mentor Prog
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
Page 122 and 123: 23 Generally, it is found that the
Page 124 and 125: Women Workers in Woolen Carpet Indu
Page 126 and 127: 68 The percentage of females under
Page 128 and 129: 100 ActionAid 2004 study. 101 Actio
Page 130 and 131:
130 142 Interviews conducted for th
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© Giulio Di Sturco/VII Mentor Prog
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