EXECUTIVE SUMMARY Nepal* * Download full report at: http://www.ecpat.net/ei/pdf/a4a_ii/a4a2011_s.asia_nepal_final.pdf Introduction Nepal is one of the poorest and least developed countries in the world, with close to a fourth of its population living below the national poverty line. 1 Following a national election in 2008, the newly formed Constituent Assembly declared Nepal a federal democratic republic and abolished the monarchy. However, continuing conflict has intensified political instability and poverty and has hampered the delivery of basic services. These issues contribute to the breakdown of family and community networks, which most severely impacts women and children. Many rural populations have been displaced or moved to urban areas amidst hopes for jobs. Many unemployed women and girls are particularly vulnerable to CSEC, as well as street children, both boys and girls. Though there appears to be no reliable source for the number of children involved in prostitution in Nepal, a study shows that most girls and women working in the sex industry come from the provinces. 2 Various studies show that between 16 and 33% of females in the sex industry are under 18 years of age 3, with age of entry as young as 12 years old. 4 Brothels and street prostitution are becoming the most common venues, followed by dance restaurants and massage parlours. An increasing concern is the involvement in prostitution of school girls and those who have been denied access to education either by poverty or discrimination. The sexual exploitation of boys (particularly boys living in the street) is a phenomenon that is often overlooked by the public. Nepal has also become a destination for child sex tourism, with most offenders coming from India and Europe. Massage parlours in tourist areas are frequented by both national and foreign visitors. Beyond traditional forms of child sex tourism, foreigners in Nepal also sexually exploit children by setting up a shelter or running a so-called orphanage which serve as a venue for easily sexually exploiting children under their care. 5 Nepal is heavily affected by internal child sex trafficking. One study shows that the women and children internally trafficked in Nepal is greater than the number of trafficked persons outside the country. Also, Nepal serves as a major source country for human trafficking, (mostly for sexual exploitation), to the Middle East and India, facilitated by its open border policy with the latter. Child pornography receives very little attention from the Government of Nepal, though it has been reported that many child pornography materials originate in Nepal. However, the issue has been addressed only by the media and not by the government sector.
National Plan of Action (NPA) The government is currently implementing the 10-Year National Plan of Action for Children (2005 2015), which was developed by the Ministry of Women, Children and Social Welfare, to align with the A World Fit for Children resolution passed by the UN General Assembly. 6 The plan includes many measures to improve child welfare, including protection against exploitation. Apart from its strategies, this plan prioritises child participation as part of the implementation. Furthermore, in consultation with many child rights organisations, the government is in the process of developing a National Protection Policy for Children and a National Framework for Child Participation. Lastly, the National Plan of Action against Trafficking of Women and Children for Commercial Sexual Exploitation was adopted in 1998. 7 The plan primarily focused on addressing the push factors of trafficking and on strengthening the multistakeholder approach through the creation of coordinating bodies at the national and local levels. Currently, the Plan is under review in order to draft a new national plan of action for trafficking in women and children. Cooperation and Coordination At the national level, a National Coordination Committee was formed to be in charge of the overall coordination and execution of the National Plan of Action against Trafficking. In addition, the government has established the National Task Force against Trafficking of Women and Children, comprised of senior officials of concerned ministries and representatives from NGOs and INGOs. There are also District and Municipality Task Forces. Altogether, these task forces work to identify trafficking-prone areas, conduct awareness-raising campaigns, collect data and act as an information centre. The National Rapporteur on Trafficking under the National Human Rights Commission (NHRC) has also been playing an active role in investigating, monitoring and reporting cases of trafficking. With regard to child protection, paralegal committees have been designated in 23 districts to implement programmes aimed at strengthening child protection mechanisms. Several NGOs also form national and crossborder networks to work on child protection issues, such as providing legal aid or shelter. At the regional and international level, Nepal plays an important role in the South Asian Association for Regional Cooperation (SAARC). The country hosts many regional conferences relating to CSEC, as the country houses the regional secretariat for the South Asian Initiative to End Violence Against Children (SAIEVAC), a regional mechanism whose work includes combating early marriage, trafficking, sexual abuse and exploitation. Under SAIEVAC, Kathmundu has hosted many ministerial meetings to enhance its work with SAARC in relation to ending violence against children. It also hosts annual regional consultations in collaboration with the South Asia Coordinating Group on Action against Violence (SACG), a regional UN and INGO collaboration focusing on human trafficking, child marriage, strengthening child protection systems and sexual abuse and exploitation of children. The government of Nepal is also part of SAFAHT or the South Asia Forum against Human Trafficking as well as the South Asia Professionals against Trafficking (SAPAT). Prevention The government has been active in preventive efforts, such as engagement in awareness raising activities. The private sector is strongly involved in preventive programmes and projects, such as collaboration with the ICT industry to develop and implement a code of conduct for cyber cafes regarding child safety. Other preventive projects include vocational trainings and job opportunities for trafficking victims. Nepal 2
Protection Nepal is a party to both the Convention on the Rights of the Child (CRC) and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC). Despite its commitment to the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution 2002 and the SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, Nepal has never ratified the UN Trafficking Protocol. However, the government has incorporated some provisions of the concerned protocols into domestic law. Children s rights are included as fundamental rights in the Interim Constitution 2007 8, though the age of defining a child varies in different laws. The term child prostitution does not appear in any Nepalese legislation. However, the Children s Act 1992 criminalises involving a child in an immoral profession but lacks clear definition of such profession. 9 Nevertheless, prostitution is banned under the Human Trafficking and Transportation (Control) Act 2007. Additionally, Nepalese law criminalises touching the body of a girl above 11 years of age (excluding one s wife) with the intention of intercourse. Nepal permits prosecution of Nepalese who sexually exploit children abroad, as well as foreigners who do so in Nepalese territory. 10 CSEC offences are extraditable under the Extradition Act 1988. There has been some effort by the government to incorporate child pornography as one punishable offences under the Children s Act 1992. As this draft has not yet been passed, Nepal has no specific law to address the issue of child abuse materials. However, printing, publishing, exhibiting and selling obscene materials are criminalised under Some Public (Crime and Punishment) Act 1970 11, as well as obtaining possession through electronic transactions under the Electronic Transactions Act 2008. The Children s Act 1992 12 prohibits taking photographs, distributing or exhibiting child photos for the purpose of engaging them in an immoral profession. Nepalese legislation on the matter of child sex trafficking is generally strong. With the implementation of the Human Trafficking and Transportation (Control) Act 2007, Nepal has a comprehensive definition of trafficking which covers both transborder and domestic transportation of human beings for the purpose of buying, selling or forcing into prostitution. The Act also provides provisions regarding rehabilitation of the victims and friendly court procedures. However, the law does not distinguish between adult and child victims. Nevertheless, with the Nepalese national law incorporating international agreements to which Nepal is a party into domestic law, the SAARC Convention on Trafficking in Women and Children for Prostitution is applicable in Nepal. The Convention provides a comprehensive definition of the offence, which includes transferring, buying and selling of women and children, within and outside the country, for putting or placing them in exploitative and abusive situations such as forced prostitution, with or without their consent and defines a child as any person under 18 years of age. However, despite comprehensive legislation, the number of convictions is very low. The Children s Act 1992 has established the Juvenile Justice Rule, which advocates for the best interest of children. The Nepal Police is also operating 25 Women and Children Service Centres in 23 districts of Nepal to provide support to women and children victimised by abuse and exploitation in securing justice, as well as their rescue and recovery. Training is specially provided to female law enforcement officers too. More recently, in 2010, the Government set up the Communication, Information and Technology Crime Cell under the Nepal police to investigate cyber crimes, including child pornography, money laundering and intellectual property. 13 There exists two toll free numbers which operate as a helpline and receive complaints/ reports of cases - The National Center for Children at Risk s hotline 104 and the Child Helpline - Nepal 1098; the latter also operates a similar number in India and Pakistan. 14 Though the Human Trafficking and Transportation (Control) Act, 2007 requires the government to set up support services for trafficking victims, it is the NGOs who play the lead role in rescue, recovery and reintegration of victims. Nepal 3
Child and Youth Participation The concept of child participation is rather new in Nepal. However, it has gained tremendous support from the community, creating space for child participation not only in the drafting process of the Constitution but also in other decision making processes affecting children at national and local levels. In 2008, political parties demonstrated their willingness to encourage child and youth participation by committing to adopt child rights as part of their own party manifestos. 15 Nepal is part of ECPAT s Youth Partnership Project (YPP) for Child Survivors of Commercial Sexual Exploitation in South Asia which includes young survivors of commercial sexual exploitation and at-risk youth. Priority Actions Required National Plans of Action Adequate financial and technical resources must be allocated for the implementation of NPAs. More effective information collection systems should be in place to provide existing monitoring and coordinating mechanisms for NPAs. Coordination and Cooperation A child protection data collection system should be established and centralized for better coordination among different levels. The government sector should improve its partnership with the private sector. At international level, the State must develop bilateral agreements with countries of origin for child sex tourism to ensure investigation and prosecution of travelling sex offenders, and establish effective police and judicial cooperation with countries of destination for Nepali child trafficking victims (especially India). Prevention A better understanding of CSEC related issues must be developed with law enforcers, the public and children, especially potential victims. Existing helplines must strengthen their work and expand to all children, particularly those in remote areas. Protection Nepal should sign and ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Since Nepal has already been a party to the OPSC, it should thus develop national legislation accordingly, as well as making trafficking in children another separate offence under trafficking law. Other CSEC-related legislation should provide equal protection for boys as for girls. The Government should produce a report following-up the established measures to rehabilitate victims of CSEC; an awareness raising campaign should be carried out and be extended to the wider public. Child and youth participation The Government must expedite its work on developing and enacting the National Child Protection Framework on Children s Participation, as well as promote active participation of children against CSEC by allocating resources to initiate children s clubs and peer support programmes in schools and communities in high-risk areas. Nepal 4
Endnotes 1 CIA. The World Fact Book: Nepal. Accessed on 23 July 2010 from: https://www.cia.gov/library/publications/theworld- factbook/geos/np.html. 2 Frederick, J., Basnyat, M. & Aguettant, J.L. Trafficking and Exploitation in the Entertainment and Sex Industries in Nepal: A Handbook for Decision-Makers. Terre des hommes Foundation. Kathmandu. 2010 p.122 refers to a study conducted by the Shakti Samuha (2008)on the Condition of Slavery among Girls and Women employed in the Restaurants and Massage Parlours of Kathmandu wherein 46.2% of the respondents state that their additional duties includes sex work. Accessed on 26 October 2010 from the Sexual Violence Research Initiative: http://www. childtrafficking.com/docs/handbook.pdf. 3 Ibid p.25. Study by Shakti Samuha (2008) and NHRC (2004 report). It is difficult the assess the exact numbers since more often than not the girls claim to be older than they actually are. 4 Study Report about Cabin, Dance Restaurant and Massage Parlours. Nepal Ministry of Women, Children and Social Welfare. 2008. 5 Government of Nepal, Ministry of Women, Children and Social Welfare. Initial Report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. April 2008. Accessed on 20 July 2010 from: http://www2.ohchr.org/english/bodies/crc/future.htm. 6 Ministry of Women, Children and Social Welfare [Nepal] (2004), National Plan of Action for Children, Nepal (2004/04-2014/15), p.8. 7 Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of Child on the sale of children, child prostitution and child pornography; Initial reports of States parties due in 2008, 4 May 2011 p.44, Accessed on 12 July 2011 from: http://www2.ohchr.org/english/bodies/crc/crcwg59.htm 8 The Interim Constitution of Nepal, 2007, Article 22 9 Human Trafficking and Transportation (Control) Act, 2007Section 15 10 The Interim Constitution of Nepal, 2007, Article 2008. Accessed on 2 January 2011 from: http://www.unmin.org. np/downloads/keydocs/interim.constitution.bilingual.undp.pdf. 11 Some Public (Crime and Punishment) Act, 1970 Section 2(c) 12 Electronic Transactions Act, 2008 Section 47 13 Nepali police forge ahead to curb cyber crime. People s Daily Online, 25 January 2010. Accessed on 29 April 2010 from: http://english.people.com.cn/90001/90777/90851/6877628.html. 14 Government of Nepal, Ministry of Women, Children and Social Welfare. Initial Report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. April 2008.p.49. Accessed on 20 July 2010 from: http://www2.ohchr.org/english/bodies/crc/future.htm 15 Evaluations and lessons learnt: Nepal s Children s Manifesto, UNICEF, 2008. Accessed on 12 July 2011 from: http:// www.unicef.org/evaluation/index_57404.html Nepal 5