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by Bimali Ameresekere

When considering Nepal according to the Social Watch Group about 5000 girls under the age of 16 are forced into prostitution in Kathmandu alone. Many cases are unrecorded, making reliable estimates impossible.

Findings of the study of Usha D. Acharya (1998) shows that around 25,000 commercial sex workers operate within Nepal itself of which 5,000 are children. Out of these child sex workers 1000 operate in Kathmandu valley.

More than 20% of the women in the commercial sex market are under age of 16, with some as young as 11 years. According to Acharya, between 100,000 to 200,000 Nepali women and children are involved in the sex market in India. Out of these 30% are below 18 years of age. Paedophilia entering around child sex tourism is prevalent in Kathmandu and Pokhara, which are frequently visited by tourists.

The Trafficking of girls occur both interstate and intrastate in Nepal. Interestate usually involves trafficking of girls (by middlemen) from Nepal to Indian cities and intrastate is the trafficking of girls from rural to urban areas in search of 'supposed' employment, but get caught in the commercial sex trade. Interestate trafficking occurs at such a vast scale that it is impossible to determine the real magnitude of the problem.

"The figure ranges from 5000 to 7000 to 20,000 Nepalese children being trafficked every year. It is further estimated that over 200,000 to 375,480 Nepalese women work in Indian brothels with a record estimate of 417,200 Nepalese sex workers in India (Acharya 1998:15).

In 2001 there were about 240 cases of girl trafficking; 73 girls (30%) were below 16 years of age. This is an increase from last year's figure of 48 girls.

India is the main destination for girls being trafficked from Nepal. Key cities include; Mumbai's red light area, Kamathipura with a population of 100,000 prostitutes where half the number of prostitutes comprises Nepali girls, Songachhi-Calcutta's red light area is said to house 40,000 prostitutes the majority being Nepali, in Delhi Nepali prostitute are around 20,000 Chennai's 3,500 and Gorakhpur's and Patna's 4000 respectively.

However, all children who are trafficked do not go to India. Some remain in urban areas of Nepal and are sent to the Gulf States. The open boarder between Nepal and India makes it easier for the traffickers to supply women and children to intermediaries in India and then on to other countries.

In Pakistan commercial sexual exploitation of children does not exist, on the surface due to religious factors and strong cultural traditions. Thus CSEC is prevalent underground, yet its existence is acknowledged by many sectors of society including the law enforcers.

The The most recent aspect of sexual exploitation of children is the use of children in the production of pornographic photographs, movies, or videotapes. In some instances very young children who have apparently no idea have been made to pose for pornographic purposes. These incidence are not as significant in South Asia as child prostitution and trafficking.

Pornography includes any material such as audio-visual including print and electronic (TV, Internet) and covering both graphical and written messages / articles / stories or any suggestive gestures.

According to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, child pornography is defined as "any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes".

The country reviews make reference to child pornography, where available. In India, a survey study (conducted by ORG-MARG) of internet users in Mumbai and Delhi; revealed that 66% of the children in the age group 5-15 years surfed the internet for pornography.

Incidences of child pornography, with children being actively involved in the production of pornographic materials, in India have largely been reported in the newspapers and magazines as essentially cases registered by the Police authorities in Mumbai and Goa. In Pakistan one case involving a 14 year old girl was unearthed in 1996 by WAR Lahore, an NGO. In Sri Lanka too internet companies have found the prevalence of child pornography.

Underlying and immediate factors of CSEC

Many socio-economic, political, cultural and religious factors perpetuate and sustain the exploitation and abuse of children. These include:

Poverty Decline / lack of resources

Traditional / religious customs and practices within communities / castes: Example the girl child is offered to the deities and becomes a temple prostitute in the Deuki system in Nepal which is similar to the Indian Devadasi system and the Jbuma system among the Sherpas a Tibeto-Burmis in Nepal. Castes/tribes include; Nepal's Badi caste, Nats and Rajnats in Uttar Pradesh and Rajasthan (India).

* Gender discrimination

* Natural disasters; drought, floods, earthquakes etc.

* Civil unrest and war

* Child marriages

* Lack of education

* Weak community surveillance

* Living in areas vulnerable to CSEC; beaches, streets, refugee camps

* The demand for child sex due to the rise in veneral diseases such as AIDS and tourism

* Open border between India and Nepal.

These situations 'compel' or 'push' children into situations of sexual abuse and exploitation. Children are considered 'objects' and 'resources' to be brought and sold as required. In Afghanistan as a survival measure, to obtain travel money for a family to migrate to a neighbouring country the parents sometimes resort to the option of selling one child.

Once sold these children are trafficked to Pakistan, India or the Gulf where they are exposed to some form of sexual abuse or exploitation. In Sri Lanka certain parents living in coastal areas where the tourism industry is flourishing push their children to become sex workers as the children are seen as a 'resource' bringing in an income. This situation is also prevalent in Bangladesh, Nepal and India.

Pimps posing as 'employment recruiters' promising better economic prospects (largely in Bangladesh and Nepal), lure children from poor families to seek employment abroad at which point the children are trafficked, married, sold and resold into the sex trade.

It is interesting to note that each South Asian country aligns itself with a dominant religious culture. The most popular being Islam, which is dominant in Pakistan, Bangladesh, Afghanistan and Maldives. India and Nepal are influenced largely by Hinduism, with Sri Lanka being dominated by Buddhism. These religious influences have the potential to either endanger to protect children from sexual abuse and exploitation.

Some good practices and points of learning...

Good practices in prevention, protection, rescue, recovery, rehabilitation and reintegration are central to the understanding of approaches that need to be replicated in order to avoid the same deficiencies and to effectively combat CSEC - by refining and replicating where appropriate, practices that are regarded as a success.

In the South Asian region, several UN agencies, bilateral and multilateral organisations have shown interest followed by action to combat child trafficking and child prostitution.

These organisations have regularly provided both financial and technical support to Governments and NGOs. Some leading agencies include; UNICEF, ILO/IPEC, UNIFEM, Plan international, Action Aid, Save the Children, Redd Barna/Save the Childen Norway, USAID etc. Some of the approaches /strategic of Government, NGO and other civil society organisations in each of the seven South Asian countries are mentioned below.

These approaches serve to build bridges of understanding, cooperation and points of learning - where we can learn from the practices of other South Asian countries. Evolving relevant regional and global strategies/approaches is at the heart of highlighting the mechanisms ingrained in understanding 'good practices and points of learning'.

From Bangladesh the approaches of basic education and health, awareness program through adolescent literacy, research, legal advocacy, rehabilitation in terms of vocation training, psychological counselling and shelter homes have been adopted by several NGOs such as Concern-Bangladesh, Including-Bangladesh, Nari Moitri, ACD, BNWLA, ACCAP (Jessore) and PIACT (Dauladia).

Action Against Trafficking and Sexual Exploitation of Children (ATSEC) is a network working against CSEC, which has two chapters in Bangladesh and West Bengal. The consultative approach in the formulation of the Draft National Plan of Action (NPA) against CSEC involving Government, NGO and international development organization is a significant landmark.

The experiences from India highlight the use of the strategy of Public Interest Litigation (PIL) by social activists to seek judicial directions for governmental action and suo motto notice by the judges as matters of public importance. Due to the effectiveness of the PIL strategy many programmes and initiatives including the National Plan of Action have been initiated.

Police initiatives in some metropolitan centres to constitute Police-NGO Community bodies to tackle the problem of sexual exploitation by students of social work at rehabilitation homes, the positive aspects of this form of placement is evident in the work done by the social work students of Nirmala Niketan College of Social Work. Posting of young women officers in sensitive assignment areas has been commended as preventing and rescuing victims of CSEC.

The approaches highlighted with reference to Nepal include: institution-based social reintegration which is observed at the transit home run by CWIN BALIKA which provides shelter and informal learning, socialization and recreation. The Rehabilitation Centre of Maiti Nepal also provide similar services together with employment generation skills and takes care of those who are infected with HIV.

Reunification with family members is not always considered as the best solution by some NGOs, as the children became victims of CSEC at times due to the neglect or abandonment by their families.

Child Rights Forums undertaken by CWIN Balika, networking for rescue operations by the Nepal Police and Maiti Nepal, healing to victims through the legal process by Maiti Nepal and LACC which works through lawyers, community based surveillance initiated by a group of lawyers and grassroots community surveillance system by CeLRRd, victim-led social mobilization by the Shakti Samuha a group of girls and the initiatives of WOREC and the establishment of the women's cell by he Nepal police remain replaceable successful initiatives to combat CSEC.

From Pakistan awareness programmes targeting all community groups including school children, teachers, parents, religious leaders and professionals among others is a largely preventive approach adopted by an Islamabad NGO, Rozan in its fight against CSEC.

The content of the programme is the same for all community groups, however the focus and the techniques differ according to the group. The consultative and participatory process of the NCCWD especially in the formulation of the NPA is an important step in the move against CSEC.

Media awareness programmes through the newspapers and a children's magazine are important measures promoting prevention and providing rehabilitation to victims of sexual abuse and exploitation.

Approaches from Sri Lanka highlight the strategy of 'community monilization, developing community participation with community awareness' ingrained in the significant work carried out by PEACE via seminars targeting all members of the community from religious leaders to tour operators and through the 'counselling education programme' for mothers, which has motivated the community to be vigilant and take action against the perpetrators who perpetuate sexual abuse and exploitation.

Considered the most influential mechanism where sexual abuse and exploitation is concerned is the National Child Protection Authority (NCPA) which by creating an awareness on the rights of the child has emphasized child abuse and exploitation through its posters, booklets for medical professionals, cassettes with songs and video-tapes among others.

Awareness-raising to prevent child abuse and exploitation together with monitoring and a self employment component is carried out through the District Child Protection Committees of the NCPA and various other NGOs.

In the area of rehabilitation the holistic approach on the 'total development of the child physically, psychologically, socially and spiritually' adopted by Don Bosco and Nisala Diya Sevana are noteworthy. Some of the boys houses at Don Bosco have been rescued from sexual exploitation and abuse as a result of the Don Bosco 'community out-reach programmes'.

Securing employment opportunities is perceived as integral to rehabilitation and reintegration at Don Bosco which provide an array of vocational training programmes on carpentry, motor mechanics, welding among others.

The love and care provided at this institution and at Nisala Diya Sevana a remand home for girls run by the Good Shepherd sisters is outstanding. Counselling support, a vital component of rehabilitation is provided for victims of abuse and exploitation at these institutions. Re-integration with the girl's family is a central function at Nisaladiya Sevana.

A need specific approach is used at 'Meth Sevana' a government run rehabilitation home for child prostitutes, which determines the type of rehabilitation according to the specific disposition of the child. Lessons can also be learnt in the area of legal advocacy provided by the commitment of NCPA, PEACE and Lawyers for Human Rights and Development (LHRD).

In Maldives, there is momentum among NGOs and Government to consider the formulation of legislation necessary for the welfare of children. The action taken in 2001 with reference to 'divorce', is a positive step in this direction. The Unit for the Rights of the Child counsels all family members where problem children are present.

This is known as 'family consultations. Peer education, a form of awareness programme initiated by the Government in collaboration with FASHAAN, an NGO operates in the schools. In this programme a few school children volunteer to educate the others in the school on topics relevant to children such as sexual abuse and exploitation. This innovative approach has already spreads to a few other schools.

In Afghanistan there are no practices to combat CSEC at present. Various efforts were undertaken by UNICEF, Swedish Committee for Afghanistan (SCA) and Ashiana among others for a few years before 1994.

Recommendations....

As the socio-economic and political, cultural and religious attributes differ from one South Asian country to another, it is possible to draw some common insights for the future - the 'way forward' in combating sexual abuse and exploitation of children. The UN CRC has been adopted by all South Asian countries, however abuse and exploitation of children still continues and remains an issue of grave concern for those who attempt to implement measures to combat this crime.

Children who have been abused and exploited are likely to suffer physical and psychological trauma at many levels - at the hands of the perpetrator (s), the law enforcement authorities, the justice system, family and community. Children need to be protected from circumstances such as these. The following recommendations echoed in the seven country reports are positive steps in the fight against CSEC.

* Increased emphasis on free, compulsory education for all

* Involving girls and boys in the decision-making process

* Stricter enforcement and formulation of laws designed to protect children from abuse and exploitation

* Establishment of community support systems

* Provision of viable, sustainable employment and income generating opportunities

* Surveillance system at all levels

Finally the overall policy of the region should be that prevention of CSEC is better than cure. Rescure, rehabilitation and reintegration programmes play an essential role in restoring the well being of the abused or exploited child. Yet preventing the conditions that perpetuate sexual abuse and exploitation (which is a difficult task) is affirmative action aimed at protecting children.

The signing of two SAARC Conventions applicable to children namely the Convention on Preventing and Combating Trafficking of Women and Children for Prostitution and the Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia at the 11th SAARC Summit in Kathmandu 5-6 January 2001, are regional instruments that offer a certain degree of hope in impeding the problem of CSEC.

Seven South Asian nations of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka signed the Conventions. Following this regional effort by South Asian governments a call has been made by NGOs and international development agencies to 'implement' measures contained in the Conventions to combat sexual abuse and exploitation in each South Asian country.

Moreover, the arresting of perpetrators at international and local levels need consensus and co-ordination within the region and globally. UNICEF Deputy Executive Director, Kul Gautam attending SAARC stated that "it is now time to act, ..now that every leader has signed these conventions, community groups and the media must be vigilant in holding governments accountable. Perpetrators must be challenged and their impunity stopped".

This crime against children has to be vigorously prevented at national, regional and global levels involving all sectors namely the government, civil society and the private sector if children are to be protected from the perpetrators of sexual abuse and exploitation.

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