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Publications of Terre des hommes enjoy copyright protection. All rights reserved. Terre des hommes welcomes requests for permission to reproduce or translate its publications in part or in full. Applications and enquiries should be addressed to [email protected] which will be glad to provide the latest information on any changes made to the text, plans for new editions, and reprints and translations already available. Name of the publication for citation: Frederick, J., Basnyat M., Aguettant J. L. (2010). Trafficking and Exploitation in the Entertainment and Sex Industries in Nepal: A Handbook For Decision-Makers. Kathmandu, Nepal: Terre des hommes Foundation. ISBN: 978-9937-2-2135-1 Terre des hommes Foundation (Lausanne, Switzerland) P.O. Box 2430 Jhamsikhel, Patan Kathmandu, Nepal www.tdh.ch www.tdhnepal.org www.childtrafficking.com Editorial Team John Frederick, Muna Basnyat, Joseph L. Aguettant Chief Researcher John Frederick Researchers Purna Shrestha, Pravash Pokhrel Technical Support Mirela Shuteriqi, Terre des hommes Foundation (Lausanne, Switzerland) and Helen Sherpa, World Education Proof-reading Daniel Pugh ISBN 9937-2-2135-8 Design and Printing The Creative Hands "SELF-MOTIVATED, INDEPENDENT & CREATIVE DEAF GROUP" Photographs cover photo: © Giulio Di Sturco/VII Mentor Program, 2009 www.viiphoto.com inside photos: © above and © Tdh, 2009 9 789937 221351 Pictures are for illustrative purposes only. Trafficking and Exploitation in the Entertainment and Sex Industries in Nepal A HANDBOOK FOR DECISION-MAKERS © 2010 Terre des hommes Child Relief CONTENTS ACRONYMS 5 PART 5. THE IMPACTS OF THE SEX INDUSTRY 45 TRAFFICKING AND PARTICIPATION IN THE PREFACE BY THE SPECIAL RAPPORTEUR 6 ENTERTAINMENT AND SEX INDUSTRIES 45 COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN 46 FOREWORD BY TERRE DES HOMMES PSYCHOLOGICAL AND SOCIAL IMPACT 47 FOUNDATION 7 VIOLENCE AGAINST GIRLS AND WOMEN 49 LABOUR ISSUES 53 PART 1. AN OVERVIEW OF TRAFFICKING HEALTH CONCERNS 56 AND EXPLOITATION 9 PART 6. AN ENTERTAINMENT INDUSTRY OR PART 2. TRAFFICKING IN NEPAL 17 A SEX INDUSTRY ? 61 INTERNAL TRAFFICKING 17 TRAFFICKING TO INDIA 17 PART 7. ADDRESSING THE IMPACTS: TOWARDS A PROTECTION SYSTEM 67 TRAFFICKING OUTSIDE THE REGION 19 THE STAKEHOLDERS 70 PART 3. THE ENTERTAINMENT AND SEX PROGRESS SINCE 2000 78 INDUSTRIES IN NEPAL 23 PREVENTING TRAFFICKING AND EXPLOITATION 95 WHAT SHOULD BE THE PRIORITY? 98 PART 4. PROFILE OF THE ENTERTAINMENT AND SEX INDUSTRIES IN ANNEXES: THE KATHMANDU VALLEY 31 ANNEX I. INTERNATIONAL AND REGIONAL 101 THE VENUES 32 COMMITMENTS THE GIRLS AND WOMEN 36 ANNEX II. JUDICIAL DECISIONS AND DIRECTIVES, THE CUSTOMERS 38 NATIONAL LEGISLATION, PROCURING SEX IN THE ENTERTAINMENT INDUSTRY 40 REGULATION AND POLICY 103 THE ECONOMICS OF THE SEX INDUSTRY 41 ANNEX III. RESOURCES 106 SEX TOURISM 42 ANNEX IV. PERSONS INTERVIEWED 114 ANNEX V. BIBLIOGRAPHY 116 ANNEX VI. ENDNOTES 120 ACRONYMS MoWCSW Ministry of Women, Children and Social Welfare AATWIN Alliance Against Trafficking in Women and NACP National AIDS Control Programme Children in Nepal NCASC National Center for AIDS and STD Control AIDS Acquired Immunodeficiency Syndrome NCCR National Center for Children at Risk AIN Association of International NGOs in Nepal NFE non-formal education CA Constituent Assembly NGO non-governmental organisation CBO community-based organisation NHRC National Human Rights Commission CCWB Central Child Welfare Board NNAGT National Network against Girl Trafficking CDO Chief District Officer NPA National Plan of Action CEDAW Convention on the Elimination of All Forms of NPC National Planning Commission Discrimination Against Women NRT National Rapporteur against Trafficking in CRC Convention on the Rights of the Child Women and Children CSA child sexual abuse NWC National Women Commission CSEC commercial sexual exploitation of children ONRT Office of the National Rapporteur on Trafficking DAO District Administration Office PLWHVA people living with HIV/AIDS DCWB District Child Welfare Board SAARC South Asian Association for Regional Cooperation DDC District Development Committee SC Supreme Court of Nepal DIC drop-in centre STD sexually transmitted disease DTF District Task Force STI sexually transmitted infection GO government organisation Tdh Terre des hommes Foundation HIV Human Immunodeficiency Virus TPO Transcultural Psychosocial Organization ILO International Labour Organisation UN United Nations INGO international non-governmental organisation UNAIDS United Nations Joint Program on HIV/AIDS IOM International Organisation for Migration UNDP United Nations Development Programme MoES Ministry of Education and Sports UNICEF United Nations Childrens Fund MoFA Ministry of Foreign Affairs UNICEF ROSA UNICEF Regional Office for South Asia MoHA Ministry of Home Affairs UNIFEM United Nations Development Fund for Women MoHP Ministry of Health and Populations VAW violence against women MoLD Ministry of Local Development VCT voluntary counselling and testing MoLJPA Ministry of Law, Justice and Parliamentary Affairs VDC Village Development Committee MoLTM Ministry of Labour and Transport Management WHO World Health Organisation 2010 Terre des hommes www.tdh.ch 5 Preface by the Special Rapporteur VICTIMS ARE CLOSER TO US THAN THEY APPEAR Terre des hommes Foundation deserves congratulations for presented Nepal as a model country in South Asia; a country in bringing out this Handbook for decision-makers on Trafficking and which human trafficking has been acknowledged and in which there Exploitation in the Entertainment and Sex Industries in Nepal. The are strong legal provisions to address it. Most significantly, the inclusion Handbook provides the profile of the entertainment and sex industries of the issue of internal trafficking in this Act ensures safeguarding and the trafficking of women and children. As it brings out the the rights of the trafficked survivors and the prosecution of the perspective of respective stakeholders, we hope the document can perpetrators. Now the time has come for us to realize this in contribute as technical reference for decision-makers for handling practice. the challenges on the respective issues. As a priority, let us make concerted efforts to ensure that the rights This Handbook forces us to look harder and closer at the existing of the Nepali children are realized, as endowed by the Convention problem of human trafficking and exploitation in our own country. on the Rights of the Child (CRC) - the convention that we have It reveals that the extent of exploitation that the women and children ratified two decades ago. Thus, it is our legal and moral obligation endure in the cabin restaurants and massage parlours and even in to bring back the stolen childhood of these children, and the people the guest houses is serious both in terms of internal and external who have vision and power to change the scenario is you, the trafficking of women and children. Talking about the impact of the decision-makers. entertainment and sex industry the Handbook says that a decade It is right time for all decision-makers: civil society leaders, Constituent ago, Nepal had not faced serious exploitation of women and children Assembly members, government officials, journalists, diplomats, due to internal trafficking. Much concern has been raised about opinion leaders and also parents of the children and children external trafficking of women and children to India. The times have themselves to take the decision now, so that no children are subjected changed. The country faces the problem of trafficking of women and to commercial sexual exploitation and abuse in the name of children to India and beyond, together with the problem of internal entertainment. And no adult is trafficked to and exploited in the trafficking. In the context of the depth of the problem, internal entertainment industry. trafficking also needs serious efforts for making entertainment industry a dignified sector of the industry. The human rights of this vulnerable population need to be protected. The enactment of the comprehensive Ms. Padma Mathema Human Trafficking and Transportation (Control) Act 2064 has Special Rapporteur National Human Rights Commission 2010 Terre des hommes www.tdh.ch 6 A foreword by Terre des hommes Foundation UNCONDITIONALLY Why this Handbook now? Because decisions need to be help decision-makers move forward with the hard decisions taken now. In a few years it will be too late. There will be no they will need to take in the future. Our strong hope is that way back. While progress was recently made towards regulating these decisions will be child-friendly. If youre a government the entertainment industry, commercial sexual exploitation is civil servant, a member of civil society, and child rights activist not adequately addressed. Terre des hommes Foundation and you feel that not enough is being done to eradicate the (Tdh) has met very young children who are being exploited use of children as sexual objects then you too are a decision- by owners as sex slaves in squalid conditions 12 hours a day, maker! We would like to hear from you at [email protected]. 7 days a week. Here the term owner is used to describe the Everyone counts in the fight against sexual exploitation of illegal possession of a person through debt bondage or other children. means, not only ownership of an establishment such as a massage parlour or a cabin restaurant (for a description of a Whats new? The number of establishments using and abusing cabin restaurant, see page 32). Because we strongly believe minors is increasing (see graphic p.23) . The number of this kind of sexual exploitation is one of the unconditional worst customers is increasing. The average age of children is forms of child labour which should be eradicated, we have seized decreasing. While the phenomenon of commercial sexual the opportunity of the upcoming revision of the National Plan exploitation of children and women is not new, this is now of Action for Combatting Against Trafficking in Children and taking place as part of a sex industry. This in itself is a new Women, revision 2001 to present this handbook. phenomenon. In spite of all these developments, there hasnt been a proper national debate on the nascent sex industry.
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