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Work Accomplished by the Office of the Attorney General Fiscal Year Existing record Disposition / Appeal Revision Backlog Current Total Appealed Direction Not Appealed Reviewed Not Year for Appealed reviewed 2004/5 (2061/62) 3 42 45 4 5 21 2 11 2005/6 (2062/63) 2 36 38 6 4 11 7 6 2006/7 (2063/64) 3 51 54 4 5 15 11 12 2007/8 (2064/65) 7 42 49 3 2 19 3 20 Policy: The National Plan of Action for Combatting Against Trafficking in Women and Children fails to address the causes and forms of exploitation which are the source of trafficking, and does not prescribe actions to end exploitative labour or the worst forms of child labour. Its preventive actions are focused on generalized root causes such as education and poverty, and do not address ‘activating’ causes such as family dysfunction, violence in the home, school and workplace, and family separation, all of which are linked to trafficking vulnerability. Its strategy is undeveloped and implementation mechanisms are weak. Moving forward: It is time for a revision of this Plan of Action. The NPA should address trafficking as one component of a broader spectrum of protection from exploitation. It should address both the root and activating causes of child and woman vulnerability, and should directly address economic, gender and social factors that allow exploiters to maintain a market for trafficked persons. COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN Legislation: In the Trafficking Act, although traffickers are punished for the trafficking of children, legal provisions which penalize the exploiters of children, both the purveyor and the customer, are soft. Children in commercial sexual exploitation are addressed in the Children’s Act, 2048 (1990). However this act defines a child as a person under 16, excluding those between 16 and 18. As well, the Act inadequately defines sexual exploitation as an ‘immoral profession’. The Child Labour (Prohibition and Regulation) Act, 2056 does not include 2010 Terre des hommes www.tdh.ch 86
commercial sexual exploitation of children among the forbidden worst forms of child labour. Moving forward: It is necessary to form specific provisions prohibiting the involvement of children in the sex trade and provide protection to those who are already engaged in it. Legislation must better define child sexual exploitation in all forms, including pornography and child sexual abuse, and explicitly punish the sexual exploiters as well as the traffickers. The Children’s Act should be amended to bring the definition of a child in line with international instruments. Policy: There is no policy document directly addressing child sexual exploitation. The Trafficking National Plan of Action is focused narrowly on trafficking and inadequately addresses the needs of children in prostitution. Moving forward: Revision of the NPA should expand the document to define and address the exploitation which is the cause of trafficking, and go beyond focus on the trafficking process to address the needs of children living in exploitation, as well as the process of bringing children into exploitation. FORCED PROSTITUTION Legislation: Existing laws identify forcing a person into prostitution as a criminal act, and cover mechanisms which restaurant owners may use to coerce a woman into prostitution. However, as law requires the victim to file a complaint with the local police, few girls and women in the entertainment industry are willing to come forward for fear of humiliation and possible accusation of being a prostitute. Moving forward: Legal mechanisms need to be established in which girls and women can file complaints regarding forced prostitution with a party that they can trust. Policy: As above, policy needs greater focus on exploitation as an outcome of trafficking, rather than on the trafficking process. Moving forward: Revision of the NPA to address the issues is recommended, as above. THE RIGHTS OF SEX WORKERS Legislation: The right to conduct sex work is not explicitly denied in the Interim Constitution, and the Supreme Court has ruled that it is profession like any other. However, the law forbids the mechanisms by which sex work is conducted, suchas solicitation, and penalizes customers from engaging with a sex worker. At the same time, both sex workers and non-sex workers in the entertainment industry are routinely harassed by police under the Some Public (Offences and Penalties) Act 2027 for ‘engaging in obscene acts at a public place.’ Moving forward: The indirect prohibition of sex work through criminalizing clients should be reviewed. The Some Public (Offences and Penalties) Act 2027 should 2010 Terre des hommes www.tdh.ch 87
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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
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 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 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
Page 132: © Giulio Di Sturco/VII Mentor Prog
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