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Dealing with Hidden Issues: Social Rejection Experienced by Trafficked Women in Nepal Meena Poudel a Thesis Submitted for the De

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Dealing with Hidden Issues: Social Rejection Experienced by Trafficked Women in Nepal Meena Poudel a Thesis Submitted for the De Dealing with Hidden Issues: Social Rejection Experienced by Trafficked Women in Nepal Meena Poudel A thesis submitted for the degree of Doctor of Philosophy School of Geography, Politics and Sociology Newcastle University 2009 i Abstract The Trafficking of Nepalese women to various parts of India for sexual purposes has a long history and is an extremely sensitive issue. Despite the focus by non governmental organisations and various plans being formulated by the Nepalese government to ameliorate the problem of trafficking of women, the situation of returnee trafficked women is largely unknown. Analysis of the lived experiences of Nepalese trafficked women shows that trafficking is linked with gender, migration, poverty, work, sex, money, power and violence. Women may be able to escape trafficking physically; however legal and social labelling of women continues to affect all aspects of their lives. These labels are linked with the women’s perceived sexuality and build on sexual trauma and violence the women encounter in trafficking. After leaving trafficking settings these processes of social labelling often negatively characterise women as ‘bad women’, as morally and socially degraded and/or as a criminals responsible for HIV/AIDS transmission. Trafficked women are eventually blamed for bringing ‘shame’ to their families and society at large. These consequences are not desirable, but are imposed by Nepalese society, and contribute to various forms of samajik bahiskar (social rejection) enforced on women on their return disqualifying them from achieving the formal citizenship that they are entitled to. This samajik bahiskar sets trafficked women apart from other women and prevents them taking part in religious ceremonies within the family and communities; setting up businesses and cooperatives; accessing services and resources for example health, education, daily wages and legal assistance, and receiving skills training. This study examines the processes and consequences of samajik bahiskar experienced by trafficked women in Nepal and how these processes interact with the socio-cultural context of Nepal from the perspectives of trafficked women who have returned from various trafficking settings in Nepal and India. This study also explores the contexts in which women are stigmatised, labels are attributed to them, samajik bahiskar is constructed, the consequences are experienced and tactics and strategies employed by trafficked to resist samajik bahiskar in the cultural context that women have returned to. ii Table of Contents Abstract i Contents ii List of Tables and Figures vi List of Appendices vii List of Acronyms viii Acknowledgements x Dedication xiv Own account: Looking back xv CHAPTER ONE: Introduction 1-56 Introduction 1 The emergence and construction of trafficking as an object of 2 international policy concern Current anti-trafficking policy 9 Palermo Protocol 2001 12 The US Policy 2000 14 Critiques of dominant discourse on trafficking and anti-trafficking 16 policy Trafficking Victim Protection Act 2000 (TVPA) 19 The UN Trafficking Protocol 2001 22 South Asia Regional Convention on Preventing and Combating 25 Trafficking in Women and Children for Prostitution 2002 (the SAARC Convention) The national context 26 Migratory trends in the region and from Nepal 26 Review the evidence on trafficking in women from Nepal 29 Anti-trafficking policy and practice in Nepal 34 i. Naya Muluki Ain 1963 36 ii. Human Trafficking Control Act 1986 38 iii. National Plan of Action to Combat Trafficking and 41 Sexual Exploitation of Women and Children 2001 iv. New law combating trafficking 2007-08 43 The composition of the Nepalese population 44 The research question 51 Thesis outline 55 iii CHAPTER TWO: Understanding samajik bahiskar A Review of Literature 57 – 94 Introduction 57 Cultural construction of womanhood, women’s lives and sexuality in 57 Nepal and South Asia Female agency in Nepal and South Asia context 64 The cultural construction of shame in Nepal and South Asia 70 Stigma more generally in Sociology and the social sciences 81 Conclusion 93 CHAPTER THREE: Methodology 95 -131 Introduction 95 Methodological foundation of this research 95 Development of this research project 95 The research design 96 Thoughts on feminist research 99 The sample and access 102 The research sample 102 i) gender 103 iii) age 103 Access to sample 105 Designing the interviews schedule 107 i) in Newcastle 107 ii) in Nepal 108 Commencement of fieldwork 109 The interviews 114 Challenges on conducting sensitive research 117 i) stigma 117 ii) definition 119 iii) benefits of the research 120 iv) interviewing under the state of civil war 121 Ethical concerns doing research 123 Translating and analysing the interviews 127 Conclusion 130 iv CHAPTER FOUR: Meaning and Processes of Construction of samajik 132-183 bahiskar Introduction 132 Meaning of samajik bahiskar 132 Cultural context within which samakij bahiskar is constructed 136 Cultural meaning of ‘woman’ 140 Cultural meaning of marriage 142 Constitution of women’s agency 144 Legal construction of agency 149 Processes of construction of samajik bahiskar 151 Significance of izzat 151 Accounts of stigmatisation 155 Social labelling and the ‘good’/‘bad’ women binary 158 Processes of stigmatisation and labelling are gendered 162 Forms of samajik bahiskar 164 Regulating samajik bahiskar 169 Government and NGOs: supporting or dehumanising women? 169 i. Judiciaries: justice or prejudices? 172 ii. NGOs: help or stigmatisation ? 174 iii. Political parties: assisting women or concealing the 175 stigmatisation processes? Self regulation of processes of construction of samajik bahiskar 177 Conclusion 182 CHAPTER Five: Consequences of samajik bahiskar 184-223 Introduction 184 Construction of identity/ies 185 Construction of individual identity 186 Constructing collective identity 194 Social Exclusion 199 Examining socio-cultural and political exclusion 201 Understanding economic exclusion 209 Access to education 213 Access to support services 215 Legal assistance 219 Conclusion 222 v CHAPTER SIX: Rebuilding Lives 224-251 Introduction 224 Understanding tactics and strategies 225 Tactics 227 a) (re)marriage 227 b) hiding trafficked and HIV/AIDS identity 238 Strategy: Significance of Shakti Samuha 244 Conclusion 250 CHAPTER SEVEN: Conclusion: Looking forward 252-265 Introduction 252 Situating the research 255 Theoretical underpinning 256 Methodological significance 256 Policy considerations 258 Summary 258 Looking forward: voices of hope 262 Limitations of the research and questions to address 263 Bibliography 266-293 Appendices vi List of Tables Table 1: Caste/ethnic, social and religious background of the research participants 53 Table 2: Socio-economic background of participants 54 Table 3: Age breakdown of the research participants 104 Table 4: Significance of marriage in resisting samajik bahiskar 232 List of Figure Figure 1: Caste and ethnic groups in Nepal 47 vii List of Appendices Appendix 1 : Interview Schedule 294 Appendix 2 : Profile of the Research Participants 302 Appendix 3 : Access letter to Shakti Samuha 303 Appendix 4 : Access letter from Shakti Samuha 304 Appendix 5 : Access letter to ABC/Nepal 305 Appendix 6: Organisation Contacted for Access – GMSP 306 Appendix 7 : Organisation Contacted for Access – ABC/Nepal 307 Appendix 8 : Organisation Contacted for Access – Nava Jyoti Centre 308 Appendix 9 : Map of Interview Districts 309 Appendix 10 : Researcher’s Credential Card 310 viii List of Acronyms AATWIN Alliance Against Trafficking in Women and Children in Nepal ABC/Nepal Agro forestry, Basic health and Cooperative, Nepal AIDS Acquired Immune Deficiency Syndrome AWHRC Asian Women Human Rights Council BPFA Beijing Platform For Action BSA British Sociological Association CATW Coalition Against Trafficking in Women CCATW Coordination Committee Against Trafficking of Women CEDAW Convention on Elimination of All forms of Discrimination Against Women CGWS Centre for Gender and Women’s Studies CPU Cambodia Prostitute Union CWIN Child Workers in Nepal Concern Centre DARN Developing Areas Research Network DMSC Durbar Mahila Samanwaya Committee EU European Union FHI Family Health International GAATW Global Alliance Against Traffic in Women GMSP Gramin Mahila Srijansjil Pariwar GPS Geography, Politics and Sociology HaSS Humanities and Social Sciences HIV Human Immunodeficiency Virus ILO International Labour Organisation INGO International Non-Governmental Organisation IOM International Organisation for Migration MANK Mahila Atma Nirverta Kendra MWCSW Ministry of Women Children and Social Welfare NGO Non Governmental Organisation NNAGT National Alliance Against Trafficking of Women and Children PLA People’s Liberation Army PRSP Poverty Reduction Strategy Plan SAARC South Asian Association for Regional Cooperation ix SINN Sexuality Interdisciplinary Northern Network SS Shakti Samuha TIP Trafficking in Person TVPA Trafficking Victims Protection Act UN United Nations UNDP United Nations Development Programme UNICEF United Nations Children's Fund UNIFEM United Nations Development Fund for Women US United States WHO World Health Organisation WOREC Women’s Rehabilitation Centre x Acknowledgements A number of people and organisations contributed to this research. To begin, twenty eight women who experienced trafficking constructed recent accounts of their life experiences, without which this research would not have been possible. Words are not enough here to express my gratitude to you, however I salute your courage
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