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The New Openness: Initiating a Social Dialogue on Prostitution in Nepal 2011 The New Openness: Initiating a Social Dialogue on Prostitution in Nepal 2011 The New Openness: Initiating a Social Dialogue on Prostitution in Nepal © Saathi, 2011 Facilitator Bandana Rana Coordination & Report Writing Sulakshana Rana Rapporteuring Samjhana Kachhyapati Organized By: Supported By: Cover Design: Sulakshana Rana The New Openness: Initiating a Social Dialogue on Prostitution LIST OF ACRONYMS BBC - British Broadcasting Corporation CA - Constituent Assembly CNN - Cable News Network CREHPA - Center for Research on Environment Health and Population Activities CDO - Chief District Officer CAC - Community Action Centre CATW - Coalition Against Trafficking in Women CSW - Commercial Sex Worker DMSC - Durbar Mahila Samanwaya Committee ECPAT - End Child Prostitution And Trafficking FWLD - Forum for Women, Law and Development HIV/AIDS - Human Immunodeficiency Virus/Acute Immunodeficiency Syndrome ILO - International Labour Organisation INGO - International Nongovernmental Organisation INHURED - International Institute for Human Rights, Environment and Development NGO - Nongovernmental Organisation NHRC - National Human Rights Commission ONRT - Office of National Rapporteur of Trafficking in Women and Children in Nepal STI - Sexually Transmitted Infection TU - Tribhuvan University The New Openness: Initiating a Social Dialogue on Prostitution TABLE OF CONTENTS Foreword Acknowledgments Executive Summary Background 1. The New Openness: Initiating a Social Dialogue on Prostitution in Nepal 1.1 Proceedings 1.1.1 Synopsis of the Paper Presentations 1.1.2 Commentators l Dr. Chandra Bhadra, Professor, Gender Studies, TU l Ms. Padma Mathema, National Rapporteur on Human Trafficking l Advocate Sabin Shrestha, Executive Director, FWLD l Mr. Anand Tamang, Director, CREHPA l DIG Parvati Thapa, Nepal Police l Ms. Ayesha Barthson, Reporter, Former BBC Correspondent l Dr. Gopal Krishna Siwakoti, President, INHURED Internatinal l Dr. Poonam Thapa, Management & Evaluation Consultant/ Sexual Expert and Life Coach l Ms. Salina Joshi, Consultant 1.1.3 Comments from Floor 1.1.4 Concluding Remarks 1.2 Recommendations Annexes Annex I: The regulation of prostitution in Nepal: Understanding contextual needs and impacts: Ms. Pinky Singh Rana Annex II: Legalising Prostitution: Is it a solution: Ms. Sulakshana Rana Annex III: Decriminalisation of Prostitution in Nepal: The end of Dignified Nepali Womanhood?: Hon. Dr Arzu Rana Deuba Annex IV: Articles on the Entertainment Sector Annex V: The Legal Status of Prostitution by Countries The New Openness: Initiating a Social Dialogue on Prostitution FOREWORD It has been almost a decade since Saathi started addressing the rights and problems of women and girls working in cabin/dance restaurants, massage parlors. Over the years, there has been increasing involvement of minors in these establishments which in many instances also operate as brothel in the guise of guest house, open restaurants. The increment in the incidences of sexual violence, abuse and exploitation from owners, clients, police, media, family and society as a whole is what prompted us to begin this dialogue on prostitution and its different dimensions. Given the rapid growth in the entertainment industry in Nepal and its evident linkage with increasing prevalence of prostitution in different forms, it has been critical to understand the magnitude of the problem. We need to look at different legal mechanisms adopted in other countries and see how effective these measures have been. Voices for legalization are heard from certain sectors and even from those who are in this trade. However, we need to see whether these voices echo well informed understanding of the socio-cultural, health, legal and economic implication of legalization in the context of Nepal. For us, legalization is not a solution. Prostitution should never be a decent means ofearning a living even if it be informed consent or choice. In a county like ours we know that in that choice lies many underlying push factors. Those who have unshakable belief in human dignity, we think, would never consider this as a respectable profession. Leaving aside our own prejudices and personal opinions, it is imperative that we listen to the perspectives that are emerging from different point of views with the aim to protect and promote the human rights of women and girls. This report is an attempt to gather different perspectives, the Dos and Donts and experiences of other countries. I am sure this will be followed by further dialogues, debates and discussion which will significantly contribute towards designing an apt model to best ensure a violence free life for those engaged in this trade. Bandana Rana President Saathi 1 The New Openness: Initiating a Social Dialogue on Prostitution ACKNOWLEDGEMENTS I would like to express our sincere gratitude to Ms. Anuradha Koirala who graced the function It was a pleasure to honor her in recognition to all the contribution she has made in addressing the social evil like trafficking that has destroyed lives of many Nepali women and girls. The recipient of CNN hero award for her bravery and dedication is a matter of great pride to all Nepali women. Our hearty congratulations to her. I would like to thank our past president and Constituent Assembly (CA) Member Hon. Dr. Arzu Rana Deuba who has been our constant inspiration, for her insightful paper. My gratitude is to CA Member Hon. Sapna Pradhan Malla a great ally in this sector for her presence and presentation. My special thanks to Ms. Pinky Singh Rana, our Saathi member, for agreeing to make a presentation on an issue which is felt to be controversial in nature. Our thanks go to all the commentators who added a different dimension to this discussion with their valuable inputs. I greatly appreciate the support of ActionAid International Nepal (AAIN) for enabling Saathi to initiate this dialogue. Our special thanks to Ms. Mona Sherpa from ActionAid International Nepal (AAIN) for understanding the urgency of this issue and accepting to help with all the proceedings. I would also like to thank Mr. Pranaya Rana for proofreading the report and Samjhana Kachhyapati, Saathi program officer, for rapporteuring. My greatest gratitude and sincere thanks is reserved for Ms. Pramada Shah, our immediate past president and board member who has provided deep insights, guidance and support from the inception of the program Creating an Enabling Work Environment for Women/Girls Engaged in the Entertainment Sector through Holistic Care and Support. It was through this program and with her constant support and guidance that this dialogue as well as the continuity of this program has been possible. My very special thanks to our program coordinator Sulakshana Rana who worked very hard to conceive, coordinate and compile all resource materials for the dialogue as well as prepare this report. Having worked in this program right from the beginning she has insightful experiences which enabled us to open up this critical dialogue. Bandana Rana President Saathi 2 The New Openness: Initiating a Social Dialogue on Prostitution EXECUTIVE SUMMARY The New Openness: Initiating a social dialogue on prostitution in Nepal is an attempt to understand and document different perspectives presented by people from various sectors that work and advocate for the promotion of human rights of women and children, thereby offering conceptual clarity on the discourse surrounding prostitution. This report offers an overview of prostitution in relation to different views: Criminalisation/ Legalisation/ Decriminalisation/ Regulation/ Abolitionism. Ms. Pinky Singh Rana, in her paper on Regulation of Prostitution in Nepal: Understanding Contextual Needs and Impacts presents a brief overview of prostitution in Nepal, where she discusses about how the patriarchy society like ours views prostitution adding how this trade operates under different guises as an organised crime. She talks about the fundamental factors pushing women/girls into this business. She also provides the Netherlands and Victoria, Australias experience on legalising prostitution and also sheds light into the model adopted by Sweden. Ms. Sulakshana Rana in her paper titled Legalising Prostitution: Is it a solution begins with the definition of prostitution providing a brief historical background on prostitution. She talks about the magnitude of the problem and reflects on how it further contributes to human trafficking. The paper talks of the different approaches to prostitution propagated by various scholars, feminists, activists and government namely, Prohibition, Legalisation/Regulation, Decriminalisation and Abolitionism. The paper examines the pros and cons of legalising prostitution and explores different countries experimentation with legalisation namely, the Netherlands, Victoria in Australia, Germany and New The paper concludes with the mention of two models adopted in India and Sweden, emphasising on promoting the abolitionism approach, the Swedish Model 1999. Hon. CA member Dr. Arzu Rana Deuba in her paper entitled Decriminalisation of Prostitution in Nepal: The end to Dignified Nepali Womanhood appeals to keep the dignity of the Nepali women intact and decriminalising prostitution would mean giving Nepali women a tag of a country of whores and is no way to achieve success. She demands an honest response from those promoting the idea of decriminalisation/ legalisation if prostitution would ever be acceptable
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