Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Nepal (Ratification: 2002)

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee noted that according to article 39(6) of the Constitution of 2015 no child shall be recruited or used in the army, police or any armed group. It also noted the Government’s information that the Army Rules of 2013 prohibit the employment of children under the age of 18 years in the army (Rule 6(1)). Moreover, it noted the Government’s information that the draft Children’s Act makes it an offence to recruit or use children under the age of 18 years in armed conflict, by establishing a penalty of five years’ imprisonment for the offenders.

The Committee notes the Government’s information in its report, that the Children’s Bill is currently being tabled in Parliament for adoption. The Committee expresses the firm hope that the Children’s Bill which establishes penalties for the offences related to the use or recruitment of children under the age of 18 years for armed conflict, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Clause (c). Use of a child for begging. The Committee previously noted that section 3 of the Begging (Prohibition) Act, 1962, makes it an offence to ask or encourage a child under 16 years of age to beg in a street, junction or any other place. It noted the Government’s indication that it was in the process of amending the Begging (Prohibition) Act in order to prohibit the use, procuring or offering of children under 18 years of age for begging.

The Committee notes with interest the Government’s information that section 126 of the Civil Code of 2017 which repealed the Begging (Prohibition) Act of 1962, prohibits begging and makes it an offence to involve anyone in begging activities. The Committee requests the Government to provide a copy of the provision in the Civil Code which prohibits begging.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. With regard to the prohibition of hazardous work by children under 18 years of age and on the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. National Master Plan to end child labour. The Committee notes that on July 8, 2018, the Government endorsed the National Master Plan to end child labour with its worst forms in priority, 2016–26. According to the final draft of the Master Plan, a four-pillar strategy for the elimination of child labour has been adopted, which includes: (i) establish effective policy, research and legal structure; (ii) create an enabling and favourable environment by reviewing the policies, structures, human resources, and procedures for child labour eradication; (iii) rehabilitate children engaged in child labour or at risk of being engaged in child labour and their families by carrying out directly targeted programmes of rescue and rehabilitation; and (iv) establish and operate social partnerships and networks. The Committee notes the Government’s information that through the implementation of these strategies, it is targeted to eliminate the worst forms of child labour by 2022 and all forms of child labour by 2026. The Committee strongly encourages the Government to take the necessary measures to ensure the adoption and effective implementation of the National Master Plan to end Child Labour, 2016–26. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved in terms of the number of children withdrawn from the worst forms of child labour and rehabilitated.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children. The Committee notes from the Report of the National Human Rights Commission (NHRC) that a large number of girls and women are working in the entertainment establishments in Kathmandu valley. The report indicates that currently there are around 600 such establishments in Kathmandu where more than 2,000 girls are working as dancers, waiters, and in massage parlours. According to the Central Child Welfare Board, a total of 1,238 girls and 101 boys involved in commercial sexual exploitation were rescued between 2013 and 2016. The Committee requests the Government to take effective and time-bound measures to remove children under 18 years of age from commercial sexual exploitation in the entertainment industries and to provide them with the appropriate assistance to ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.