Youth In Black Cap : A movement against Child Sexual abuse in Nepal

Secretariat: CWISH | +977-1-4784545 cwish.org.np/YouthInBlackCap | info@cwish.org.np 1
Children have been defined by the state as zone of peace. Cultural and
religious belief of different cast and cultural groups of Nepal also has
strengthened the idea taking them in the form of god and has given utmost
priority for their protection. However with the social, cultural, political
and economic transitioning, many of the values are being deconstructed
and some of the deviances into the cultural values. Nevertheless, there are
several other factors interplaying to cause abuse, exploitation and violence
against children.
Though Child Sexual abuse is a heinous crime, it is still prevalent in our
communities. Statistics reports horrible scenario of abuse and exploitation,
both globally and locally. In 2003, a report by Save the Children revealed
45 percent of children were sexually abused in Kathmandu valley. Another
report by Unicef, 2005 discovered 33 % of children being sexually abused
outside the valley in Kaski, Morang, Surkhet and Chitwan. Majority of
children in domestic labour sector (56.8%) were found to be sexually
abused (CWISH, 2006). There is a gap in updated holistic statistics
regarding sexual abuse against children. However with the increasing
reports of child sexual abuse in the media, one can guess that children are
being more vulnerable with the transitional situation of the state.
Analyzing the reported cases against child sexual abuse in Nepal Police
in 2012/13, 49.64 percent of the total (701) cases filed were associated
with child sexual abuse. During April-May, 2014 news of sexual abuse
against children under age of three years were reported in Kavre, Bara,
Rukum and Banke districts. This incidence of increasing rate of reported
case in the news paper and news media strongly supports the fact of
increase in incidences of abuse against children. However there has also
been the increasing trend of reporting of the cases against child sexual
abuse. Analysis of the reported cases revealed the existence of abuse in
communities, schools. Incidence of child sexual even in the home has
raised a serious concern regarding protection of children form sexual
abuse.
Youth in Black Cap Movement
(Youth Movement for Raising Awareness, Implementation
and Amendment of Policy Provisions against
Child Sexual Abuse in Nepal)

Social Cause of Child Sexual Abuse
Although child sexual abuse is prevalent in our society, many of the
parents and children are unaware that it is happening against them. We
do not have specific mechanism to aware and enable children, parents,
teachers or the community members about protecting children against
these abuses. Moreover, children are seldom encouraged to speak about
sex. This has resulted into hiding of the cases although they have been
victimized of it. For example, 13 year old girl in Rukum, raped by a
man of the same locality was disclosed only after she was four months
pregnant. Sometimes, our society tends to hide the case relating it to their
social prestige. A girl shared the terrible story of being raped by her own
grandfather and father in Kabhre to her mother and maternal uncle. But
they relate the crime with their social dignity and warned the girl not to
disclose outside leading into the girl attempting suicide. These incidences
reflect social context and consequences of child sexual abuse in Nepal.
However these are just few of the representative cases and there might
be thousands of such children living under the situation of abuse and
exploitation.
Child Sex Abuse Legal Provisions and Access to Justice
In spite of the high prevalence of child sexual abuse into our communities,
Nepal has not yet defined any of the mechanism to empower children for
self defense and self protection into any of its academic or any other
curricula.
There is inadequate legal provision for providing legal justice to the
victim of sexual abuse. Though article 14 of Civil Code has provisioned
against rape and or sexual abuse it does not mention any provision for
rehabilitation of the victim back into the community. Furthermore article
11 has constrained the filing of complaint within 35 days of the incidence.
Taking into consideration social and cultural context of defining sex, this
provision is leaving many of the cases going unreported. In 2013, among
60 cases of child sexual abuse received and facilitated by CWISH for
registration, efforts for 25 cases went unsuccessful due to 35 days of limit
for registration. We still have a challenge of witness protection. This has
rendered many of the cases loosely decided or delayed for the decision
denying partly or completely justice to the victim. The civil code is a
general legal provision, which does not very specifically speak about child
sexual abuse. When cases involving children needs separate child friendly

legal procedure for adjudication; provision of common and general law
can be regarded as absence of law showing immediate separate legal
provision for cases involving child sexual abuse.
Need of Movement against Child Sexual Abuse
Prevalence of incidences of child sexual abuse and lack of proper legal,
institutional and social mechanisms to adequately respond the cases of
child sexual abuse demands a clear need of strong movement that attracts
and involves youths to aware the community against child sexual abuse
and at the same time pressurize the government for the formulation of
necessary legal and institutional mechanism to properly respond against
the child sexual abuse. Although clinical evidence is regarded as one of the
strong evidence for providing justice to the victim, we do not yet have a
uniform forensic procedure and reporting format for carrying out clinical
procedure against the case. Furthermore, whatever practices though in
adhoc basis we have never encouraged the practitioners to investigate the
possibility of sexually transmitted diseases in victim completely ignoring
her right to health.
Nepal Police is the agency for taking the cases up to court. However
personnel in Nepal Police are not sufficiently trained in child protecting
issues rendering the children of possibility of being further victimization
during the investigation or legal procedure. All these proves the need
to a strong campaign to aware the community and to pressurize the
government to holistically respond to nullification of incidences of child
sexual abuse and to properly responding to the right to legal and social
justice of the victim.
With the objective of community awareness and creating cumulative
pressure against the government in responding to the prevalence of
incidences of child sexual abuse, YOUTH IN BLACK CAP MOVEMENT
is launched has been imagined and launched.
What is Youth in Black Cap Movement
YOUTH IN BLACK CAP is a movement against increasing incidences
of child sexual abuse It is a peaceful movement to inform and aware
communities about the increasing incidences of child sexual abuse and
pressurize policy level higher officials/authorities, parliamentarians and
law makers for the formulation and implementation of create child

protective and friendly laws policies and programs. This is a youth led
social movement where the youngsters put on black cap, hold a candle,
different handbills and posters related to child sex abuse and stand
in the main junctions of the city without hindering the traffic. This
movement will be organized every Friday morning from 9-10. Before the
organization of the movement, youths will be oriented about the concept
of the movement and motivate them to be the part of the campaign.
To make the movement throughout the country, local NGOs operating
in the district level and youth will be mobilized. CWISH and Dynamic
Youth Forum who envisioned the movement will coordinate with
different organizations and make a coordination committee to launch
the movement from central level. The secretariat of the committee will
be in CWISH office, Buddhanagar. The organizations involved in the
movement will have active participation. Interested individuals without
institutional affiliation can also make voluntary contribution and take part
actively in the movement. Coordination committee will provide technical
support in need. The movement will be launched in 19 November which
is also celebrated as world’s day against child abuse. On this occasion letter
of demand will also be submitted to the prime minister.
Coordination committee of the movement:
Coordinator: CWISH, Nepal
Sub-Coordinator: Dynamic Youth Forum (DYF)
Members of the main coordination committee: Nepal School of
Social Work, Child Development Society, Child Nepal, Voice of Children,
Shakti Samuha, Bishwas Nepal, The Nepal, Nepal F.M., Students Concern
Nepal
General members of the campaign: Aama Milan Kendra, Access, Achel,
Aawaj Nepal, Beyond Beijing Committee, CAPCRON, Consortium,
CHANGE Nepal, FHRD Bhaktapur, FoWEP, Good Weave Foundation,
Homenet Nepal, Jaya Multiple Campus, Khwopa College, Lincoln College,
Looniva, National Child Protection Alliance, Nesfield College, Reliance
International Academy, RPYC, RUWON Nepal, RUKS Group, Shakti
Milan Samaj, Shakti Samuha, St. Xavier’s College, Saath Saath, Sachetana
(NTV Plus), Shaili Natya Samuha, Theatre Centre For Children, Theatre
Mall, THE-Nepal, SWAN, Triton International College, UEMS, YES-Nepal,
Yuwalaya

Youth In Black Cap : A movement against Child Sexual abuse in Nepal

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