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of the writ petition filed by Pro-public. The Directives prohibit
both sexual exploitation (which include proposing sex, teasing,
sexual joking and presenting erotic behaviour) and sexual
exploitation (which include touching, or luring, coaxing or
compelling another to have a sexual relationship). The Directives
prohibit requiring women workers to smoke or drink with
customers or to conduct nude performances. Owners are
required to protect women workers from disrespectful,
harassing or exploitative behaviour by customers, as well as
abide by labour laws. The Directives also address the customers,
requiring them to show respectful behaviour and not make
noise, although the Directives do not forbid drunkenness or
violent behaviour. Night entertainment establishments must
be registered under the District Administration Office within
a specific time period. Adherence to the Directives will be
monitored by the police, the Chief District Officer and a
District Monitoring and Action Committee (comprised of the
Chief District Officer, Chief of District Police Office and Chief
of District Women Development Office). While a notable
document and a necessary step towards enacting legislation
to protect entertainment workers, the Directives provide no
penalties other than closure of the establishment .The Monitoring
and Action Committee is unrealistic for monitoring purposes,
as it is comprised of senior officials whose work burdens would
make it difficult for the Committee to conduct inspections,
receive complaints, etc. As well, massage parlours are categorized
along with night entertainment venues, which they are not.
There is no prohibition of cabins, closed massage rooms and
other situations in which sex can take place on public premises.
2010 Terre des hommes www.tdh.ch 82
2009
Code of Conduct for Night Time Entertainment
Industry, 2009 (2065)
The Code of Conduct was issued by District Administration
Office, Kathmandu, and the Night Entertainment Entrepreneurs
Association, with no input from the entertainment workers.
This document is intended to support the status quo of
entrepreneurs and does not address the needs of the women
workers. It does directly require owners to address sexual
harassment and abuse of employees, but encourages businesses
to follow laws and ‘provide public support to public morality,
peace and security’. It does indicate that sexual harassment,
sexual exploitation, drunkenness or violence are unfavourable
activities, as clearly set out in the Directives, but only encourages
workers and entrepreneurs to ‘suggest the client to behave
in accordance with the code of conduct’ (although the code
of conduct does not explain proper and improper behaviour).
As a gesture to morality it prohibits nude dancing, but does
not prohibit the presence of sexual activities on the premises
through the use of cabins and closed massage rooms.
The Code of Conduct inadequately reflects the Directives and
has no clear mechanisms for controlling sexual harassment in
the entertainment industry.