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

Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

The Government wishes to underscore the fact that article 39 of the Constitution of Nepal guarantees the rights of children by providing that no child shall be employed in factories, mines or in any other hazardous work. The existing data collected through the Nepal Labour Force Survey 2017–18 indicates that child labour in Nepal has been significantly reduced from 1.6 million in 2008 to 1.1 million in 2018. However, these numbers are still high. That is why the Government has been making effective and efficient interventions. Through the Ministry of Labour, Employment and Social Security (MoLESS), the Government of Nepal has formulated the National Master Plan on the Elimination of Child Labour 2018–28. In 2022, the Ministry launched its Action Plan. The implementing roles are assigned to federal, provincial and local governments and relevant stakeholders. This year, the MoLESS and the ILO in Nepal jointly organized a stakeholders’ consultation on the revision of the list of hazardous occupations for children. The participants in the workshop represented civil society organizations, trade unions, employers’ organizations, United Nations agencies and development partners. The MoLESS also formed a Technical Tripartite Committee to review the list of hazardous occupations and recommended its inclusion in the amendment process of the Child Labour (Prohibition and Regulation) Act, 2000. The Government is also conducting a study and review of current child labour rehabilitation models in Nepal with the intention of making them more sustainable, child-centred and economic. The study results will provide clear guidance for all labour offices to initiate the rescue of children from the worst forms of child labour and provide them with proper support and care. The Government has launched the “Child Labour Free Local Level Declaration Program”. More than 100 local governments have expressed interest in a child labour-free declaration. This is an area-based approach and targets specific geographical locations with the aim of addressing all forms of child labour, including the worst forms. It is a Government strategy to make child labour-free zones and it is aimed to reach out to all 753 local areas and involve local governments.

The Government is committed to ending all forms of forced labour. We take this opportunity to highlight the fact that Nepal declared itself free of haruwa charuwa [agriculture-based bonded labourers] in 2022. Existing laws and policies have ensured the rights of these people. In recent years, a number of administrative measures have been taken to encourage the school enrolment of children, resulting in 97.1 per cent school enrolment in the current fiscal year. The MoLESS, in partnership with the ILO, has provided skills-based training to former bonded labourers. Their long-term rehabilitation has already begun. An integrated act on forced labour has been drafted. We assure the Committee that the Government of Nepal will help to address the remaining issues later. Livelihood support will help families to end child labour.

The Government also reiterates that the Anti-Human Trafficking Bureau of the Nepal Police has been taking significant action, including community sensitization and the establishment of border checkpoints, to prevent human trafficking in Nepal. The Community Police Partnership (CPP) programme has been launched. The Anti-Human Trafficking Bureau has adopted three strategies to curb human trafficking, including the trafficking of girl children. In a preventive approach, it conducts awareness programmes at border checkpoints, including at Tribhuvan International Airport, Gautam Buddha International Airport and the Indian border. It conducts protection activities, such as rescue from destination countries, sends victims to rehabilitation centres for counselling and registers cases. It regularly carries out investigations, prosecution and surveillance. During the current fiscal year, 15 girl children have been rescued from trafficking. But it has been observed that many trafficking cases are not reported in Nepal due to fear and social stigma, so the community police are informing and empowering communities to speak up and report cases to the police. Similarly, the National Human Rights Commission (NHRC) is establishing an anti-human trafficking section at its premises. The Ministry of Women, Children and Senior Citizens has drafted a Ten-Year Action Plan to Combat Human Trafficking. Similarly, a human trafficking policy will be drafted. The Ministry of Women, Children and Senior Citizens organizes awareness programmes, sensitizes local governments and engages with the cyber bureau. It also provides skills-based training to survivors of trafficking and supports the rehabilitation centre.

The National Child Rights Council (NCRC) has operated the Child Helpline (1098) and is providing services through 18 offices covering the whole of Nepal. Missing Children Response Centres rescue children who are in vulnerable situations through 240 units. There are sufficient mechanisms to address children’s issues, such as the Ministry of Women itself, the NCRC, provincial child rights committees, local child rights committees and child welfare officers. Some 238 child rights committees have already been formed at the local level. Similarly, children’s funds have been established in 213 local areas. Child welfare officers have been assigned to 266 local areas. Child protection system procedures have been prepared in 323 local areas.

The Ministry of Land Management, Cooperatives and Poverty Alleviation has identified 16,322 haliya [bonded labourer] families, of which 12,820 have been rehabilitated and 1,135 families have been handed over at the local level. Similarly, 27,570 kamaiya [bonded labourer] families have been identified, of which 27,021 have been rehabilitated and 300 handed over at the local level. Since Nepal became a pathfinder country and a member of Alliance 8.7, a Nepal Alliance 8.7 Secretariat has been established in the Ministry of Labour, which is supported by United Nations agencies on a rotational basis, including the ILO. The Secretariat submits annual reports to the global Alliance 8.7 Secretariat. This year, in April, the Nepal Secretariat, in close coordination with the MoLESS, submitted Nepal’s annual report on child labour, forced labour, human trafficking and modern slavery. It consulted more than ten government agencies and civil society organizations to collect information. The detailed data for those areas is specified in the annual report. The Ministry of Labour, through the Nepal Alliance 8.7 Secretariat, has initiated data/information gathering on the progress made by various ministries/institutions on child labour, forced labour and human trafficking in Nepal. Integrated software is being developed to store data and information which is useful for planning and initiating targeted interventions to combat child labour, including its worst forms.

The Government has prioritized brick kilns as one of the sectors for regular intervention to protect children and prevent child labour. Several interventions are taking place at the source (villages) and destination (kilns) levels with a view to creating a child labour-free brick industry and making the employers more accountable for preventing the use of child labour in the sector. Kindergartens have been set up at brick kiln sites. The Central Bureau of Statistics (CBS) will conduct the next Labour Force Survey in Nepal in 2024. The MoLESS has requested the CBS to provide fresh data on child labour, including its worst forms, and to disaggregate data down to the local level. This will give a fresh picture of child labour and pave the way for future interventions in Nepal. The Government of Nepal, working with development partners, trade unions, employers’ organizations and other concerned stakeholders, continues to be committed to the principle enshrined in the Constitution of Nepal of 2015 and to meeting its international commitments, as enshrined in the United Nations Charter and the Universal Declaration of Human Rights.

Discussion by the Committee

Chairperson – As I mentioned, the second case on our agenda is Nepal on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). I invite the Government representative of Nepal, the Joint Secretary, Ministry of Labour, Employment and Social Security (MoLESS), to take the floor.

Government representative – In relation to the case of Nepal, there are some questions regarding issues such as child bonded labour services, social integration, offering children for pornography, and a number of cases of trafficking of children, free basic quality education and removing children from commercial sexual work, exploitation and immediate removal of children from the worst forms of child labour in the brick kilns.

The Government of Nepal has provided the following information in response to the observations made by the Committee of Experts.

The Government wishes to underscore the fact that article 39 of the Constitution of Nepal has guaranteed the rights of children with a provision that no child shall be employed in factories, mines, or in any other hazardous work. The existing data collected through the Nepal Labour Force Survey 2017–18 indicates that child labour in Nepal significantly reduced from 1.6 million in 2008 to 1.1 million in 2018. However, the numbers are still high. That is why our Government has been taking effective and efficient interventions. The Ministry of Labour, Employment and Social Security (Ministry of Labour – MoLESS) has formulated the National Master Plan on the Elimination of Child Labour 2018–28. In 2022, the Ministry launched its Action Plan. The implementing roles are assigned to federal, provincial and local governments and relevant stakeholders.

This year, the Ministry of Labour and the ILO Nepal Office jointly organized a stakeholders’ consultation on the revision of the list of hazardous occupations for children. The participants in the workshop represented civil society organizations, trade unions, employers’ organizations, UN agencies and development partners. The Ministry also formed a Technical Tripartite Committee to review the list of hazardous occupations and recommend including this in the amendment process of the Child Labour (Prohibition and Regulation) Act, 2000. The Government is also conducting a study and review of the current child labour rehabilitation models in Nepal with the intention to make them more sustainable, child-centred and economic. The study results will provide a clear guide to all labour offices to initiate the rescue of children from the worst forms of child labour and provide them with proper support and care.

The Government has launched its “Child Labour Free Local Level Declaration Program”. More than 100 local governments have expressed interest in a child labour-free declaration. This is an area-based approach and targets specific geographical locations with the aim of addressing all forms of child labour, including the worst forms. It is a strategy of the Government to make a child labour-free zone and it has aimed to reach out to all 753 local communities and involve local governments. The Government is committed to ending all forms of forced labour. We take this opportunity to highlight the fact that Nepal declared itself free of haruwa charuwa (agriculture-based bonded labourers) in 2022. Existing laws and policies have ensured the rights of these people. These past years, a number of administrative measures were taken to encourage school enrolment of children which has resulted in 97.1 per cent school enrolment in the current fiscal year. The Ministry of Labour, in partnership with the ILO, provided skill-based training to former bonded labourers. Their long-term rehabilitation task has already begun. The integrated act on forced labour has been drafted. We assure the Committee that the Nepal Government will help to address the remaining issues subsequently. Livelihood support will help families to end child labour.

Our Government wants to reiterate that the Anti-Human Trafficking Bureau of the Nepal Police has been taking significant action, including community sensitization and establishing border checkpoints to prevent human trafficking in Nepal. The Community Police Partnership (CPP) programme has been launched. The Anti-Human Trafficking Bureau of the Nepal Police has mainly adopted three strategies to curb human trafficking, including the trafficking of girls. In a preventive approach, it conducts awareness programmes at border checkposts, including at Tribhuvan International Airport, Gautam Buddha International Airport, as well as at the Indian border. It conducts protection activities such as rescue from destination countries, sends the victims to rehabilitation centres for counselling, and files the cases. It regularly carries out investigations, prosecutions, and surveillance. In the current fiscal year, 15 girls were rescued from trafficking. But it has been observed that many trafficking cases are not reported in Nepal due to fear and social stigma, so community police are informing and empowering communities to speak up and report the cases to the police. Similarly, the National Human Rights Commission (NHRC) is establishing its Anti-Human Trafficking Section at NHRC premises. The Ministry of Women, Children and Senior Citizens has drafted a Ten-Year Action Plan to Combat Human Trafficking. Similarly, the human trafficking policy will be drafted. The Ministry of Women, Children and Senior Citizens organizes awareness programmes, sensitizes local governments, and engages the cyber bureau. It also provides skill-based training to trafficking survivors and supports rehabilitation centres. The National Child Rights Council (NCRC) has operated the Child Helpline (1098) and it is providing service through 18 offices that cover the whole of Nepal. Missing Child Response Centres rescue children who are in vulnerable situations by operating the 104 hotline. It is done through 240 units. There are sufficient mechanisms to address the issue of children like the Ministry of Women, the NCRC, provincial child rights committees, local child rights committees, and child welfare officers. There are 238 child rights committees already formed at the local level. Similarly, at the local level, 213 children’s funds have been established. Child welfare officers have been assigned to 266 local areas. A child protection system procedure has been prepared in 323 local areas. The Ministry of Land Management, Cooperatives and Poverty Alleviation has identified 16,322 haliya (bonded labourer) families and among them, 12,820 have been rehabilitated. A total of 1,135 families have been handed over to the local level. Similarly, 27,570 kamaiya (bonded labourer) families have been identified. A total of 27,021 families have been rehabilitated. A total of 300 families have been handed over to the local level.

After Nepal became a pathfinder country and a member of Alliance 8.7, a Nepal Alliance 8.7 Secretariat was established in the Ministry of Labour, which is supported by UN agencies on a rotational basis, including the ILO. The Nepal Secretariat submits annual reports to the global Alliance 8.7 Secretariat. This year in April, the Nepal Secretariat, in close coordination with the Ministry, submitted Nepal’s annual report on child labour, forced labour, human trafficking and modern slavery. It consulted with more than ten government agencies and civil society organizations for information collection. The detailed data in those areas are specified in the annual report.

The Ministry of Labour, through the Nepal Alliance 8.7 Secretariat, has started to gather data/information on the progress made by different ministries/institutions on child labour, forced labour and human trafficking in Nepal. Integrated software is under way to store data and information which will be useful for planning and initiating targeted interventions to combat child labour, including its worst forms.

The Government has prioritized brick kilns as one of the sectors for regular intervention to protect children and to prevent child labour. Several interventions are taking place at the source (villages) and destinations (kilns) to create a child labour-free brick industry and make the employers more accountable for the use of child labour in the sector. Kindergartens have been set up at brick kilns. The Central Bureau of Statistics (CBS) is going to conduct the next Labour Force Survey in Nepal in 2024. The Ministry of Labour is requesting the CBS to provide fresh data on child labour, including child labour in its worst forms, and disaggregating it up to the local level. This will give us a fresh picture of child labour and pave the way for the future course of interventions in Nepal. The Government of Nepal, working with development partners, trade unions, employers’ organizations and other concerned stakeholders, continues to commit to the principle enshrined in the Constitution of Nepal 2015 and is committed to meeting its international commitments, as enshrined in the United Nations Charter and the Universal Declaration of Human Rights.

Worker members – Child labour is a grievous violation of fundamental rights. Despite the strong commitment of Member States to end child labour, as demonstrated by the universal ratification of the Convention, presently 160 million children in the world are still in child labour, accounting for almost one in ten of all children worldwide. The ILO Durban Call to Action of 2022 emphasized the need for urgent action, because of the consequences of the COVID-19 pandemic, armed conflicts, food, and humanitarian and environmental crises, which threaten to reverse years of progress made against child labour. Ending child labour by 2025 in all its forms is also included under target 8.7 of the Sustainable Development Goals (SDGs). In Nepal, child labour is still prevalent in many provinces and sectors. The Labour Force Survey 2017-18, conducted by the CBS in collaboration with the ILO, reveals that nearly 1.1 million children are involved in child labour, of which 200,000 are involved in its worst forms.

With regard to the issues raised by the Committee of Experts in its comments, we take note of the adoption of the Act Relating to Children, 2018, which now covers all children and criminalizes a range of offences related to child sexual abuse, compulsory recruitment of children for use in armed conflict, and the use, procuring and offering of children for the production and trafficking of drugs. We also take note of the adoption of the National Master Plan on the Elimination of Child Labour 2018–28, which aims to protect children engaged in hazardous work through school enrolment programmes, family support programmes and alternative care options.

Through these initiatives, the Government has set its course. However, it is not enough to ensure that such practices are stopped for good. The legal framework adopted in 2018 and the National Master Plan must be effectively implemented through targeted measures for rehabilitation and social integration as well as timely investigations, swift and efficient prosecutions and convictions, and dissuasive sanctions.

With reference to the comments of the Committee of Experts, we take note of the efforts made by the Government to combat child labour, including through the implementation of various programmes aimed at:

- ensuring the rehabilitation and social integration of haliya and kamaiya girls (girls trapped in agriculture-based bonded labour practices) and of kamlari girls (girls offered for domestic work to families of landlords);

- combating trafficking in children; and

- improving access to education for children, including provisions of scholarships for girls and dalit children.

We welcome the initiatives taken by the Government. However, we note that important challenges remain, including with regard to the lack of impact of measures taken to improve access to education and the significant number of children still out of school. Therefore, we call on the Government to continue to strengthen its efforts to:

- ensure that all child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education;

- combat trafficking in children through investigations, prosecutions and convictions;

- provide support and assistance to child victims of trafficking; and

- facilitate access to quality free basic education for all children, with a particular focus on girls and indigenous children.

Furthermore, we note that the Committee of Experts raised issues regarding the lack of effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from such work and to ensure their rehabilitation and social integration. The Committee of Experts refers in particular to the commercial sexual exploitation of children and the use of children in brick kilns, an activity which is inherently hazardous. It is estimated that over 13,000 children and 17,000 children work in these sectors respectively.

We echo the Committee of Experts’ call on the Government to adopt effective and time-bound measures to:

- remove children from commercial sexual exploitation in the entertainment industry and to provide them with the appropriate assistance to ensure their rehabilitation and social integration; and

- to prevent all children from working in the brick kiln industry and to provide for their rehabilitation and social integration.

In addition, we note that according to the report on the National Labour Force Survey 2017–18, around 31,000 individuals are in forced labour in Nepal, of which an estimated 17 per cent are children. We call on the Government to take the necessary measures to remove children from forced labour.

While taking due note of the efforts made by the Government of Nepal to combat child labour, we are bound to note that child labour, and especially its worst forms, remains rampant in the country. We urge the Government to strengthen its efforts and mobilize all the means at its disposal to combat child labour in all its forms and to provide for the rehabilitation and social integration of victims of child labour, including access to education.

Employer members – We thank the Government of Nepal for sending updated information on this case. The Convention is the first ILO Convention to achieve universal ratification by its 187 Member States, a historic achievement which, sadly, is not synonymous with automatic universal application in law and in practice. It is essential that States comply with the Convention. Nevertheless, the fight to eliminate the worst forms of child labour concerns us all, it is a shared commitment, and it therefore requires the joint efforts of all the parties involved to ensure that children can develop their potential and guarantee the future of our societies.

We note that, since the ratification of the Convention by Nepal in 2002, the Committee of Experts had made five observations on this case, specifically in 2012, 2015, 2016, 2018 and 2022. This is the first time that we are discussing in this Committee the application of the Convention by Nepal. Allow me to introduce the case by referring to the current context in Nepal. This is a context of extreme poverty, aggravated by the pandemic, which heavily impacted the economy and tourism, and of great political volatility, bearing in mind that in 2018 the first elections were held since the adoption of the Constitution of Nepal and in November 2022 the second federal and provincial elections were held since the entry into force of the current Constitution.

Despite all this, we note the measures taken by the Government such as the adoption of the National Master Plan on Child Labour 2018-28, for the implementation of which it is currently receiving assistance from the ILO Office in Nepal. Furthermore, Nepal is participating in other ILO projects and initiatives, in particular the global coalition Alliance 8.7, Safety and Health for All Workers in South Asia and the ILO-FCDO Partnership Programme on Fair Recruitment and Decent Work for Women Migrant Workers in South Asia and the Middle East, to mention a few. With regard to its observations of 2022, the Committee of Experts identified five main issues in relation to this case.

The first issue relates to direct assistance measures for the elimination of the worst forms of child labour, and the rehabilitation and social integration of child victims thereof, in accordance with Articles 3(a) and 7(2)(b) of the Convention.

The Employer members commend the efforts of the Government to provide direct assistance to the victims of bonded child labour. We also note the 27,021 kamaiya (bonded labourer) families, out of a total of 27,570, who have been rehabilitated, and 300 handed over to the local level, according to the Government’s information. However, the Government should continue its efforts to ensure that all child victims of forced labour receive appropriate rehabilitation and social integration services, including access to education. The Government should also continue supplying information on the measures taken and on the child victims of forced labour who have been rehabilitated.

The second issue relates to the use, procuring and offering of children for the production of pornography or for pornographic performances, as covered by Article 3(b) of the Convention. The Employer members take note of the Act Relating to Children, 2018, which classifies as crimes a series of activities related to child abuse and sexual exploitation and the production of obscene materials or acts, imposing fines of 100 Nepalese rupees and imprisonment of up to five years. Although we welcome these legislative provisions, it is essential that there is effective application of the law so that the desired and awaited social change is achieved. In this regard, there will be a need, as indicated by the Committee of Experts, to receive information on the application in practice of the penalties related to the above-mentioned crimes, and also on the number of reported cases, prosecutions, convictions and penalties imposed.

The third issue relates to the supervisory mechanisms, penalties and direct assistance for child victims of the worst forms of child labour, as established by Articles 5, 7(1) and 7(2)(b) of the Convention, with a special focus on the trafficking of children.

According to information from the Government, the Anti-Human Trafficking Unit of the Nepal Police is adopting measures to curb trafficking in persons, especially girls, such as community awareness-raising and the establishment of border control posts, which seek to prevent human trafficking in Nepal. The Government appears to have observed that many trafficking cases are not reported in Nepal out of fear and social stigma, and so the community police is informing and training communities so that they will speak and report cases to the police. Despite all this, we insist that the Government must continue its efforts to combat the trafficking of children because of its extreme seriousness and provide information on the actions taken and their results.

The fourth issue relates to the adoption of preventive measures such as access to free basic education, as provided for by Article 7(2)(c) of the Convention. According to the latest information from the Government, in recent years various administrative measures have been taken to promote schooling for children, which has resulted in a 97.1 per cent school enrolment rate in the current year. We note that in Nepal free education is guaranteed up to secondary level. However, according to UNESCO, more than 74,000 children and 189,000 young persons did not attend school in 2021. In this regard, it is essential that the Government continues its efforts to promote access to high-quality free basic education for all children, in particular indigenous children.

The last issue relates to the adoption of measures to prevent the engagement of children in commercial sexual exploitation and in work at clandestine brick kilns, their removal from such work and the guarantee of their rehabilitation and social integration. The data on commercial sexual exploitation in the adult entertainment industry are serious, with more than 13,000 persons starting to work under the age of 18 years. On the other hand, over 17,000 children work in the brick kiln industry and 44.5 per cent of them perform hazardous work, despite the fact that, according to the Government, action is being taken to create a child labour-free brick kiln industry. In this situation, the Employer members can only align themselves with the Committee of Experts and insist that the Government should adopt effective measures to put an end to this situation of exploitation, and to provide appropriate assistance for the rehabilitation and social integration of these children and young persons.

The Employer members wish to emphasize that in order to eradicate the engagement of children in the worst forms of child labour, preventive measures are substantial but regrettably insufficient. The prosecution and punishment of adults, and the removal of children from the worst forms of child labour, cannot be sufficient, effective or sustainable in themselves. It is essential to adopt a multi-causal approach to put an end to child labour and adopt policies aimed at tackling the deep-rooted causes of child labour: namely, poverty, conflict, crises, lack of access to social protection, lack of access to education, and also the socio-economic circumstances which lead to the exploitation of boys and girls. Economic policies will be needed which promote the development of the regions that have the highest child labour risk factors.

Worker member, Nepal – I stand here today to address the issue of child labour and the pressing need for immediate action in Nepal. We welcome the positive initiative taken by the Government and support from trade unions and civil society on combating child labour. Nepal has successfully reduced child labour in the 2008–18 period and some positive steps have been taken by the Government. Nepal has signed up to be a pathfinder country for achieving target 8.7 of the SDGs and became a member of Alliance 8.7. However, the progress made is significantly slow and the Government has not been taking enough initiatives to meet this SDG target to end all forms of child labour by 2025. Despite the significant efforts to combat child labour, there are still several areas where the worst forms of child labour persist. These areas highlight the urgent need for targeted interventions and effective strategies to address these issues. Some of the major areas of the worst forms of child labour in Nepal include agriculture and domestic work, brick kilns and construction, mines and quarries, street hawking and forced begging, and sexual exploitation in the entertainment industry. It is crucial to note that these are the areas of child labour which often intersect with other forms of vulnerability, such as poverty, overall lack of education and high drop-out rates, discrimination and social exclusion. Addressing child labour in these areas requires comprehensive strategies that focus on poverty alleviation, access to quality education, enforcement of labour laws, social protection programmes and awareness campaigns to change societal attitudes and behaviours.

Unfortunately, the Government has so far not taken enough action to end child labour, forced labour and human trafficking. To combat child labour, forced labour and human trafficking, the Government needs to review the legal framework in place. The essential legal framework to be reviewed is the Child Labour (Prohibition and Regulation) Act, 2000 and the Human Trafficking and Transportation (Control) Act, 2007, both are not yet in line with the new constitutional provisions, the federal systems and the spirit of the ILO Conventions. Furthermore, the road map for Alliance 8.7 implementation has not been moved forward yet, though the national unit has been installed in the Ministry to support the development of the relevant partners. This structure does not yet exist at the provincial and the local levels. The social protection schemes are still unable to include the informal sector workers due to the absence of the legal guidance on registration and distribution of identification (ID) cards.

The labour inspectors are significantly limited in capacity and funding to monitor and take action, and hardly reach workers in the informal sector. We know of 11 inspectors and they are, to our knowledge, not inspecting child labour. The Government has not followed the implementation of the labour audit provision and has not realized the announced training courses for them. In the recent budget speech of the Government, there has been no provision for the National Child Rights Council (the national apex body on children’s rights), the Missing Children Response Centres (104 hotline), the Child Helpline (1098), and the rescue and rehabilitation budget for street and working children.

We call on the Nepal Government to implement the Child Labour (Prohibition and Regulation) Act, 2000, the Human Trafficking and Transportation (Control) Act, the harmonization of laws on child labour, as well as the legislation on compulsory education, forced labour and foreign employment. We further call on the Government to: adopt an integrated federal law on the prohibition, ending and rehabilitation of forced labour; promote registrations and distributions of ID cards for all informal sector workers through the local governments, and bring them under the coverage of the social security programmes; and expand the number of labour offices, or mandate employment service units at the local level labour desks with adequate, capable and competent human and financial resources. Furthermore, we call on the Government to immediately rectify and reallocate sufficient budget for the National Child Rights Council, the Missing Children Response Centres and the Child Helpline; promote labour audit and labour inspections with adequate training and licensing; promote the Alliance 8.7 action plan in local and provincial governments; and adopt an area-based approach in policies and programmes and increase investments to increase the number of child labour-free municipalities in Nepal.

Government member, Switzerland – The examination of the application of the Convention by Nepal has already been the subject of a number of observations by the Committee of Experts during the last ten years. Switzerland therefore notes with regret that the Government of Nepal has not taken the appropriate measures to fulfil its international obligations.

The situation regarding child labour in Nepal is a source of particular concern in two sectors: the adult entertainment industry and the brick kiln industry. According to a report by Alliance 8.7, more than 10,000 children under 18 years of age, the vast majority girls, work in the adult entertainment industry. These children are heavily exposed to forms of trafficking and commercial sexual exploitation. At brick kilns, thousands of children work in conditions which can seriously damage their physical integrity and mental health. The children are exposed to flames, work for excessively long periods, sometimes at night, and have to carry very heavy loads.

The conditions of work described in these two sectors are not in line with the Convention. The Swiss Government therefore calls on the Government of Nepal to immediately take all necessary measures to put an end to these forms of work and remove all children from them. Among other things, this implies adopting legislative provisions prohibiting child labour, providing assistance to child victims of the worst forms of child labour to ensure their rehabilitation and social integration, and imposing criminal penalties on employers who have recourse to child labour in these sectors.

However, Switzerland duly notes the information sent by the Government of Nepal. We commend the efforts made by the Government of Nepal to combat the worst forms of child labour, particularly in agriculture and domestic work. We also commend Nepal’s commitment as an Alliance 8.7 pathfinder country to combating child labour, forced labour and trafficking in persons. These efforts must be continued and strengthened by the effective implementation of the Nepalese Action Plan against child labour. Switzerland calls on the Government of Nepal to provide information and statistics on the results of the measures taken and encourages it to pursue its cooperation with the ILO.

Worker member, Mexico – The first part of this statement is an invitation to everyone here to reflect, since it is clear that if anything causes pain in our society, it is the mistreatment of young persons. Consequently, we cannot disregard practices that harm their integrity, since children are the pillars of our future society. We must underline the fact that, as stated in the preamble to the Convention, “[…] the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families”.

The Mexican employers repudiate acts that entail the trafficking of young persons, exploitation of them in sexual and unhealthy activities, and in any activity that can endanger their integrity and the right to life, the most invaluable thing that requires protection.

We urge the Government of Nepal to comply with the Convention since it has the obligation to take immediate action to prevent scenarios involving all types of labour referred to by Article 3 of the Convention. It should be borne in mind that the Committee of Experts has made five observations – in 2012, 2015, 2016, 2018 and, most recently, in 2022.

Let us not forget that the abuse of children is not restricted to a single geographic area. Even though we are dealing with the case of Nepal today, this is also a call to the international community represented here to prevent the continuation of these regrettable practices so as to eradicate violence against young persons. Many of us here are parents, and we need to adopt a much more empathetic approach to this situation in order to create the action needed in favour of young persons. Children need to be children, and we have to create the appropriate conditions to provide rehabilitation for those who have been subjected to such detestable practices and provide them with the necessary tools for their development and growth. The Member States need to guarantee their right to a full childhood, to health and to life.

We must prevent the recurrence of regrettable stories, including as a result of the recent global pandemic, such as that of a 13-year-old Nepali boy, who said, and I quote: “After they closed the school, I spent the whole day at home. My parents lost their jobs and soon we had no money left and nothing to eat. I could not bear this situation and so I decided to do something”.

We insist that the future of young persons must be guaranteed since, if they do not enjoy a full childhood, we are destined to carry on living with the atrocities which have been committed until now.

Lastly, all the members of this Conference Committee were once under 18 years old. Why do I make this comment? Because under Article 2 of the Convention the term “child” means every person under 18 years of age. Clearly those here present probably came from diverse conditions – but these enabled us to get to this podium. We need to remember – and this is an urgent call to responsible adults, because we are not going to live forever, our tomorrows will come to an end one day – we need to remember that future generations will take up the discussion on the kinds of events that we are highlighting. So we insist that protection must be created for young persons, and we urge both the Government of Nepal and the whole international community to achieve this in order to eradicate these practices.

Interpretation from German: Worker member, Germany – The commitment of the Government of Nepal in the fight against child labour is to be acknowledged. Nepal ratified the Convention and formulated a National Master Plan to eliminate child labour by 2028. The Labour Code has been reviewed and has provided for sanctions. However, the economic situation after the pandemic has led to an increase in child labour. Currently, 1.1 million children are affected and that is approximately 15 per cent of the children in Nepal. However, the Child Labour (Prohibition and Regulation) Act, 2000, only covers children under the age of 16. It is also essential to protect young people between the ages of 16 and 18 from hazardous work. The Child Law must also be expanded to children between the age of 16 and 18 years and this must be passed in Parliament. The rights of those children must be better taken into account.

There are structural problems that lead to child labour. In Nepal, there is a large informal sector that undermines the effectiveness of any measures. In particular, the border regions with India and China, which are difficult to control, are a hotspot for human trafficking and that is why forced prostitution of minors often takes place in those regions. In this context, please let me also connect the economic situation of the parents with the situation of child labour. All workers, regardless of gender, class and caste, need to be adequately compensated. With higher wages for parents, fewer children have to go to work to supplement the household coffers. That has been made clear. In this particular case, we are discussing the worst forms of child labour with the most hazardous conditions. Work at kilns is highly dangerous for children. A ban must be enforced here more immediately. Labour inspectors must monitor this production more closely and increase the penalties. To do this, the budget and personnel must increase significantly, because as far as we know there are only 11 labour inspectors in the entire country. As to cross-border sexual exploitation of minors, international support is required. Moreover, as girls are particularly vulnerable to sexual exploitation, their protection must form a fundamental part of the reformed labour law. Strengthening state capacity is essential in the fight against child labour. The Ministry of Labour has undertaken action but we must ensure that this is sustainable. A more comprehensive social protection system should also be established. The ILO should assist the Nepalese Government here, both with legislation and with implementation through technical assistance. Finally, please let me highlight the central role that trade unions in Nepal have played in the progress made. Their involvement in all initiatives will continue to be essential if the goals just outlined are to be achieved.

Employer member, Guatemala – Not only are the children of the world the future, they are also the present, and so it is the responsibility of everyone to speed up actions to prevent and eliminate child labour and the worst forms thereof. Child labour deprives children of their childhood, their potential and their dignity, since it is harmful to their physical and psychological development. Even though the Government has undertaken various actions in its fight to comply with the Convention and eliminate child labour, this appears to be insufficient. We cannot ignore the fact that this is not just about taking action to eliminate child labour but about directly tackling the root causes. A multi-causal approach is required to open the way to stopping practices such as those described in the observations of the Committee of Experts, such as the trafficking of children, child pornography and abuse, making children work to pay off family debts, physical, sexual and psychological abuse, commercial sexual exploitation, low school attendance rates, and, no less important, the performance of forced labour and dangerous, unhealthy and unsafe work. All these actions are contrary to various fundamental rights established by the ILO.

Issues such as extreme poverty, corruption, violence, informality, and lack of access to education and healthcare, must be addressed and tackled with actions that promote decent, quality employment, and opportunities for adults to receive the necessary training for entry into the world of work, the implementation of social protection policies and the promotion of the right to safety and health at work, thereby creating a safe environment for children. Children have the right to be children, they must have the freedom to play and have fun, the right to receive special protection to be able to grow in a physically, mentally and socially free and healthy way, and the right to free education, since they represent the future of our societies. Child labour must be eradicated through joint action between States, workers’ organizations, employers’ organizations and society as a whole, understanding the diverse situations that give rise to child labour, and making use of social dialogue.

Worker member, Japan – The complaint before us is brought under the first ILO Convention that achieved universal ratification. The worst forms of child labour, such as slavery, sexual exploitation, the use of children in armed conflict or other illicit and hazardous work that compromises children’s health, morals or physical well-being, deserve no place in our society.

We take note of the efforts and progress made by the Nepalese Government to eliminate the worst forms of child labour and improve the school enrolment and completion rates of children. However, many children are still out of school, and they face the highest risk of being involved in the worst forms of child labour. The situation has been worsened by the COVID-19 pandemic.

We are deeply concerned by the disaggregated data reported by the Government of Nepal, along with the ILO, which reveals that 79 out of 134 victims of human trafficking cases were children in Nepal’s fiscal year 2020–21. Girls are especially vulnerable to commercial sexual exploitation as a result of human trafficking.

The research by CLARISSA (Child Labour: Action Research Innovation in South and South-Eastern Asia) further reveals different abusive and exploitative practices, including harassment and bullying against children in the adult entertainment sector by both customers and employers. The study also finds the involvement of different intermediaries, typically relatives, friends, neighbours, or brokers who children rely on to find work.

We, the Japanese Trade Union Confederation (JTUC–RENGO), believe the obvious alternative to child labour is education. Through free and compulsory education, we could prevent and remove the engagement of children in the worst forms of child labour. We are also developing an initiative to connect Nepalese children to schools, together with the Japan International Labour Foundation (JILAF) and trade unions in Nepal.

The issue of the worst forms of child labour in Nepal is still persistent and systemic. We look to the Government of Nepal to continuously bring the laws and labour inspection practices in line with the Convention as recommended in the Committee of Experts’ report and to engage with the social partners in implementing the recommendations made by this Committee.

Employer member, Colombia – First of all, I consider it important to underline the priority status which as Employers we attribute to the Convention, which seeks to protect children, the most vulnerable members of society. With the adoption of this Convention, the ILO recognized this subject as being fundamental for all Member States of the Organization. As we all know, this instrument seeks to provide a solution to a particularly aberrant situation. The Convention addresses the worst forms of child labour and makes a clear and unquestionable call for action, for all Member States to adopt urgent and comprehensive elimination measures.

In accordance with Article 1 of the Convention, the Government must take the necessary measures to secure the prohibition and elimination of the worst forms of child labour, including, under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. According to the information provided, the Act Relating to Children, 2018, criminalizes a series of activities relating to child sexual abuse and exploitation and the production of obscene materials or acts, imposing penalties of a fine of up to 100 rupees and imprisonment of up to five years. Let us recognize here the progress made by the Government.

However, we reiterate the appeal made by the Employer members that the Government should provide information in practice on how it has secured compliance with this law. We urge the Committee to request the Government of Nepal to provide specific examples and evidence of the number of cases reported and investigated and those resulting in convictions. The Government should commit to implementing and effectively complying with the Convention and the legislation. We therefore request information which demonstrates the application of the Convention in practice.

In addition, we call for the issue of child labour to be analysed using a multi-causal approach. Progress must be made on the formulation of public policies, through tripartite social dialogue, which focus on promoting the development of the country, the creation of decent work and sustainable enterprises, and also the extension of social protection with the aim of ensuring that children and young persons can have access to social security and education.

In order to truly move forward in the elimination of child labour, specific economic measures are needed to promote the development of the countries and regions which are most at risk of child labour.

Lastly, we request the Government, with ILO technical assistance and through the various existing international cooperation mechanisms, to continue moving forward in order to ensure compliance with the Convention in law and in practice and to secure, as a matter of urgency, the elimination of the worst forms of child labour in the country.

Worker member, Guinea – I am speaking on behalf of the teachers’ unions of Guinea and on behalf of the whole world. I support Education International, which expresses its deep concern at the issue of child labour in Nepal. As an organization engaged in promoting the rights and well-being of teachers and pupils, we are fully aware of this serious violation of children’s rights.

Child labour not only deprives children of their fundamental right to education but also exposes them to hazardous conditions and exploitation, which hampers their physical, emotional and intellectual development. Opportunities for quality public education for all must be widely promoted for every child without exception, and I am thinking in particular of girls and of children in marginalized, indigenous and poverty-stricken communities.

The Committee of Experts strongly encourages the Government of Nepal to continue its efforts to facilitate access of all children to high-quality free basic education, with particular account taken of girls and indigenous children.

As a teacher and a trade unionist, I can testify to the efforts of the teachers’ unions to defend the right of all children to quality public education and protection against child labour. It is therefore important that Government measures involve trade unions and teachers in initiatives to remove children from child labour and combat school drop-out rates. I would also like to stress the value of pre-school education for involving children and their parents in school attendance from the youngest age. Clearly that implies adequate public financing of education.

In my country, Guinea, many children work in the domestic sector and in traditional, artisanal gold mines. I am well aware of the problem and I am not playing down the challenge faced by the Government of Nepal.

We therefore respectfully ask the Government of Nepal to request ILO technical assistance to strengthen its efforts to combat child labour and promote the rights of teachers as workers.

Employer member, France – “There is only one science to teach children: the science of human duty”. As you know, the case of Nepal is concerned with the worst forms of child labour. You have just heard the details listed by the spokespersons and the various speakers, on the basis of the Committee of Experts’ report.

We note that this report describes a situation of progress by the Government to remove children from forced labour, and we welcome this. However, we observe that there is still a long way to go to align the children’s situation with the principles of the Convention, particularly when they are exposed to dangerous situations, for example if they are forced to work on brick kiln sites or girls are victims of sexual exploitation. And what about the application of criminal legislation, in particular regarding the use of children as mere material for pornographic performances? We would like to have further explanations.

“There is only one science to teach children: the science of human duty”. What is human duty vis-à-vis children if not the simple application of the principles of the ILO? What does the Convention, ratified by Nepal, tell us? It seeks the prohibition and elimination of the worst forms of child labour, as a major priority for national and international action, in order to enable access to free basic education.

How can the worst forms of child labour be eliminated without joint action, which takes account of the importance of free education while taking the needs of the families into consideration? The response is both social and economic in nature. This is why we encourage the Government of Nepal to take up the cause of children as a major priority for national action. We understand very well that the difficult economic situation increases their vulnerability.

According to the terms of the Convention itself, child labour largely stems from poverty, and the long-term solution lies in sustained economic growth, leading to social progress. Consequently, it would be good to invite the Government to adopt a public policy which can develop the economic situation in order to reduce poverty, while not omitting to establish monitoring mechanisms, effective penalties, and direct assistance in order to remove children from the worst forms of child labour.

“There is only one science to teach children: the science of human duty”. This sentence which I have used several times in my statement originates from the philosopher Jean-Jacques Rousseau, who was born here in Geneva. It reminds us that the future is in the hands of our children, and that we will not be able to build a more humane world if we fail to teach children the principles of decent work and social justice.

Observer, Building and Wood Workers’ International (BWI) – I would like to draw your attention to the situation of child labour in the brick kiln sector in Nepal. The work in brick kilns is hazardous in nature and widespread use of child labour is a cause of grave concern and undermines the Convention. The constitutional and legal safeguards have failed so far. This is despite the Nepal Labour Act, 2017 and also the earlier Child Labour (Prohibition and Regulation) Act, 2000, that prohibits children under 18 years of age undertaking hazardous work. The Government of Nepal also has in place the second National Master Plan on the Elimination of Child Labour (2018–28).

I would like to cite the Nepal Child Labour Report 2021 that revealed that nearly 1.1 million children are involved in work, of which 200,000 are involved in the worst forms of child labour, including in brick kilns. Further, another important report specifically on the brick kiln sector, jointly prepared by the CBS, the Government of Nepal, the ILO and UNICEF and regarded as the first nationally representative research on the brick kiln industry, reveals important statistics that expose the prevalence of child labour, with 6,229 or 3.5 per cent of them in forced labour, among the 176,373 manual labourers in the brick kilns (including family members). Further, it estimated 34,593 children (between the ages of 5 and 17) are living on brick kiln worksites and children account for approximately 10 per cent (17,738) of total workers. About 96 per cent, or 17,032, of these working children were identified as being in child labour.

This report validates the findings of BWI affiliates in Nepal, that they have experienced in their outreach to brick kiln workers and have been raising constantly to the relevant government authorities. Due to insecure and informal employment, the workers are often denied freedom of association resulting in low unionization that also undermines the resolution of workers’ grievances and realization of decent work in the sector.

Wage payment in the sector is largely through a piece-rate system that is abysmally low and pushes children to also contribute to the labour to augment their family income. When workers are employed in decent work and receive decent wages, children do not have to contribute to their labour to sustain their families. Child labour in the brick kiln sector is a serious symptom of a lack of decent work for adults and their families. Where the rights of adult workers are enshrined in ILO Conventions and are properly respected, household incomes are higher, and the children are more likely to be in school than at work. In addition, strong trade unions in the workplace and in the community are the most effective means to ensure that children and those workplaces and communities will not face exploitation.

Thus it is of critical importance to promote registration and distribution of ID cards for all informal sector workers through local governments and bring them under the coverage of the social security programmes.

Government representative – Thank you for the concern and the questions which are raised here on this floor. We respect and obey this decision which is raised here on this floor. We respect the obligations which we have. We respect the legislation we have.

The worst forms of child labour in Nepal are not due to only one single cause; we have various causes behind it. Poverty is the most influential there and the social structure is not so developed. We do not have the mechanisms for awareness-raising, and the sort of socio-economic background we have is very poor. These are the main causes and also we do not have a proper education system.

There are actions taken by the Government but it is not enough, and we feel that the strategy we have is not giving us the proper results. On the basis of the strategy we have, we have an action plan, and a viable master plan and we have lots of interventions in this area. As I already mentioned, it is not enough, and the result is very poor, I realize it.

Regarding the quantity of child labourers, we have gradually reduced the number of victims.

When we talk about the actions taken, we need direct intervention, as has been suggested to us. When I go back to Nepal, I will suggest this to the Government and the proper people, including the tripartite constituents governing all the labour issues, and with whom we will share these issues and react accordingly.

Eradicating poverty is the most important factor to address the whole scenario; skills development and awareness-raising are also important. The education system should be developed. We have the scenario that more than 97 per cent of children are going to school, but we still do not have quality education. This has an impact.

When we talk about the execution, the prosecution and sentences, we also have interventions. When we talk about the legal system, we have planned for the amendment of the Child Labour (Prohibition and Regulation) Act, 2000, in accordance with the Constitution. When we talk about the proper allocation of the budget, we can say it is not true.

Finally, your concern is very important to us, and your interventions are very important to us too. With regard to the intervention on child labour issues in Nepal, there is not only the issue of the worst form of child labour, there is also the issue of the children who have the right to go to school for a proper education. When we do not provide children with education, the children do not have analysing skills nor the proper knowledge. From the side of the Government, I take responsibility for that. I say thanks for your concern and suggestions, they are very important to us.

Employer members – The Employer members wish to thank the various speakers who have taken the floor, and in particular the Government of Nepal, for its statements and the information provided. In our closing observations we would like to emphasize once again the importance of the Convention and observance thereof by all States which have ratified it. Only by ensuring the rigorous application of its provisions will we be able to eradicate the worst forms of child labour and achieve the goal of eliminating child labour by 2025, as established by SDG target 8.7.

Although we duly note the progress made by the Government in law and in practice, we cannot ignore the need for greater efforts at national level to fully apply the Convention and achieve its underlying objectives. Therefore, in line with the recommendations of the Committee of Experts, the Employer members wish to request the Government of Nepal: to adopt a multi-causal approach to put an end to child labour and adopt policies to tackle the deep-rooted causes of child labour (poverty, conflict, crises, lack of access to social protection, lack of access to education, and also the socio-economic circumstances which lead to the exploitation of children); to adopt economic policies that promote the development of the regions at greatest risk of child labour; to continue its efforts to ensure that all child victims of bonded labour receive appropriate rehabilitation and social integration services, including access to high-quality free basic education, and continue providing information on the measures taken in this respect and also on child victims of bonded labour who have been rehabilitated; to also provide information on the application in practice of penalties for recently established crimes relating to the sexual abuse of young persons, and also on the number of reported cases, prosecutions, convictions and penalties imposed; and to adopt effective measures to remove children under 18 years of age from commercial sexual exploitation in the entertainment industry and from the brick kiln industry, and to provide appropriate assistance for their rehabilitation and social integration.

Lastly, the Employer members wish to invite the Government to continue availing itself of ILO technical assistance and to continue collaborating with the Office, in particular through existing projects and initiatives relating to the elimination of child labour. We rely on the collaboration of the Government of Nepal with regard to the application without delay of the above-mentioned recommendations, in order to achieve the full observance of the Convention in law and in practice.

Worker members – The Government of Nepal has undoubtedly demonstrated its political will to tackle child labour and its worst forms through the adoption of the laws prohibiting child labour and of measures to protect, rehabilitate and reintegrate victims of child labour. The Government also adopted a National Master Plan on the Elimination of Child Labour 2018–28.

Despite these efforts, too many children in Nepal remain exposed to child labour. Among the 7 million children between the ages of 5 and 17 in Nepal, 1.1 million children are found to be engaged in child labour, with a large prevalence in the agricultural sector. Children in Nepal are also vulnerable to the worst forms of child labour, including agriculture-based bonded labour practices, commercial sexual exploitation, and hazardous work in the brick kiln industry.

We note that according to a 2021 joint report of the ILO and the CBS, while the country has experienced a decrease in child labour over the last two decades, there is still a lot more to be done. The considerable number of working children and scale of child labour shows a gap of proper implementation of laws and policies to eliminate child labour. The joint report also points to the need to adopt a coordinated approach to law and practice to fill the existing gaps in child labour and child protection in the country.

One of the key challenges for ending child labour in Nepal is the Government’s lack of resources and capacity. The Ministry of Labour is the focal ministry for child labour, but it lacks adequate resources to protect children.

We take due note of the efforts deployed by the Government of Nepal to address the issue of child labour and its worst forms. We echo the Committee of Experts’ call to the Government to: strengthen its efforts to ensure that all child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education; provide support and assistance to children victims of trafficking; combat trafficking in children through investigations, prosecutions, and convictions; and facilitate access to free, basic, and quality education for all children, with a particular focus on girls and indigenous children.

The Government should also adopt effective and time-bound measures to remove children from commercial sexual exploitation in the entertainment industry and to provide them with the appropriate assistance to ensure their rehabilitation and social integration; to prevent all children from working in the brick kiln industry; and to provide for their rehabilitation and social integration.

Noting that Nepal currently benefits from the technical assistance of the ILO, we invite the Government to continue to avail itself of it, focusing especially on providing capacity-building to the labour administration and other public authorities in charge of combating child labour and protecting children, and on reinforcing policy coherence and coordination at the national and regional level.

Considering that the National Master Plan is about halfway to its scheduled completion, a review of progress achieved and remaining gaps in implementation could be conducted.

Conclusions of the Committee

The Committee noted the written and oral information provided by the Government and the discussion that followed.

The Committee noted the initiatives taken by the Government to address the worst forms of child labour.

The Committee noted with deep concern the persistence of the phenomenon, including agricultural-based bonded labour, commercial sexual exploitation and hazardous work in the brick kiln industry.

Taking into account the discussion, the Committee requests the Government, in consultation with the social partners, to:

- eliminate the worst forms of child labour, notably in agriculture, the brick kiln industry and the entertainment industry, and to ensure that child victims of such hazardous work are removed from these situations and rehabilitated, particularly through access to free education and vocational training;

- scale up its efforts to end child labour through a multi-causal approach and adopt policies to address the root causes of child labour;

- continue its efforts to ensure that all child victims of bonded labour receive adequate services for their rehabilitation and social integration, including access to free, basic and quality education; and to continue to provide information on measures taken in this regard, as well as on child victims of bonded labour who have been rehabilitated;

- take effective and time-bound measures to remove children from commercial sexual exploitation, bonded labour in agriculture and hazardous work in the entertainment and brick kiln industry and to provide adequate assistance for their rehabilitation and social integration and provide information to the Committee of Experts on the measures taken in this regard and the results achieved, indicating the number of children under 18 years removed and rehabilitated;

- increase material resources to the Ministry of Labour, Employment and Social Security to help combat the worst forms of child labour;

- provide information to the Committee of Experts on the application in practice of section 72 in relation to section 66(3)(d), (h) and (j) of the Act Relating to Children, 2018 for the offences related to the use, procuring or offering of children for the production of pornography or pornographic performances, indicating the number of cases reported, prosecutions, convictions and penalties applied;

- redouble efforts to combat trafficking in children and provide information to the Committee of Experts on the activities undertaken by the Nepal Police and the high-level task force, in monitoring and identifying victims of trafficking, and on the number of cases of trafficking of children identified, investigations, prosecutions and convictions carried out and the penalties imposed;

- improve the functioning of the education system to facilitate access to free, basic and quality education for all children, particularly girls and indigenous children, and to take measures to increase the school enrolment, attendance and completion rates and to decrease the school drop-out rates, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved; and

- provide information on the practical implementation of sanctions related to the newly introduced offences of child sexual abuse, as well as on the number of cases reported, prosecutions and convictions carried out, and penalties applied.

The Committee requests the Government to continue to avail itself of ILO technical assistance to ensure full compliance with the Convention without delay, focusing especially on:

providing capacity-building to the labour administration, labour inspectorate and other public authorities in charge of combating child labour and protecting children; and

reinforcing policy coherence and coordination at the national and regional level.

The Committee requests the Government to provide information as requested by the Committee of Experts before 1 September 2023, together with detailed information on the measures taken to implement these recommendations.

Government representative – It is my great pleasure to have the opportunity to be here and provide remarks on the case of forced labour and bonded child labour, prevailing in Nepal, which needs immediate action from the side of the Government of Nepal. We read the conclusions and recommendations provided by the Committee, and we have some remarks.

The Government of Nepal has taken measures and actions which might not be enough in themselves to solve all these issues. We have good cognizance among employer and trade unions on the basis of ILO principles but it seems there are all kinds of reasons which can be reconsidered in the future.

All kinds of recommendations are seriously taken and there will be all of the required actions implemented in the future. A report will also be available to the Secretariat within the time frame. The Government of Nepal is committed to materialize in actions, all of the solutions.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 3(b) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Conference Committee on the Application of Standards (Conference Committee) requested the Government to provide information on the application in practice of section 72 in relation to sections 66(3)(d), (h), (j) of the Act relating to Children, 2018, for the offences related to the use, procuring or offering of children for the production of pornography or pornographic performances.

The Government indicates that a database system will be established in order for the Government to share the requested data with its next report. The Government adds that the Ministry of Women, Children and Social Security is drafting policies to address cybercrime, and that a data system will be developed to capture the reality of such cases. The Committee requests the Government to ensure that a database system will be put in place that will permit it to share statistics regarding the number of cases reported, prosecutions, convictions and penalties applied in relation to the sections of the Act relating to Children, 2018, punishing the use, procuring or offering of children for the production or pornography or pornographic performances. It also requests the Government to provide information on the policies being drafted to address cybercrime, and on how they will contribute to the protection of children from their use, procuring or offering for pornography.

Article 3(c). Use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s information, in its report, that 202 persons were arrested in 2022 due to their involvement in the production and trafficking of drugs. However, the Government does not indicate whether these arrests have been made in application of section 66(2)(n) of the Act Relating to Children, 2018, for the specific offence of training or causing a child to commit an offence, including the production or trafficking of drugs. The Committee once again requests the Government to provide information on the application in practice of section 66(2)(n) of the Act Relating to Children, 2018. To the extent possible, please indicate the number of cases reported, prosecutions, convictions and penal sanctions applied for the offences related to the use, procuring or offering of children under the age of 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. The Committee requests the Government to continue providing information on the progress made in the adoption of the list of hazardous occupations for children that is currently being reviewed with a view to incorporation into the Child Labour (Prohibition and Elimination) Act, 2000, and to provide a copy of this list once adopted.

Article 5. Monitoring mechanisms. The Conference Committee requested the Government to increase material resources to the Ministry of Labour, Employment and Social Security (MoLESS) to help combat the worst forms of child labour. It also requested the Government to provide capacity building to the labour administration, labour inspectorate and other public authorities in charge of combating child labour and protecting children.

The Committee notes the Government’s information, in this regard, that in the framework of the Five-Year Strategic Plan (2021/22 – 2026/27) of the MoLESS, regular labour inspections in all industries are a priority. The Government indicates, for instance, that it has established labour offices in all provinces, to which labour inspectors and auditors have been deployed in order to conduct labour audits and factory inspections. The Government further indicates that it intends to promote the local Child Rights Committees to ensure their active engagement in identifying vulnerabilities and preventing the engagement of children in child labour The Committee requests the Government to provide information on the impact of the measures taken to build the capacity of the labour administration, labour inspection and other bodies responsible for enforcing the laws to combat the worst forms of child labour, particularly as regards children in bonded or forced labour, in commercial sexual exploitation and in hazardous work in brick kilns. It requests the Government to continue to take such measures and provide information on the results of labour inspections and audits into factories and other places where the worst forms of child labour are found, including the number of violations detected and penalties imposed.

Articles 6 and 8. Programmes of action. National Master Plan on the Elimination of Child Labour and international cooperation and assistance. The Conference Committee requested the Government to scale up its efforts to end child labour through a multi-causal approach and adopt policies to address the root causes of child labour. It also requested the Government to reinforce policy coherence and coordination at the national and regional levels.

The Committee notes in this regard that the ILO Asia Regional Child Labour Project (ARC) is providing technical support to the MoLESS to expedite the implementation of the National Master Plan on the Elimination of Child Labour (2018–28) (NMP-ECL). The NMP-ECL has five major strategies to combat child labour through a multi-causal approach: (1) revising policies; (2) capacity-building; (3) livelihood support; (4) rescue and rehabilitation; and (5) coordination. The Government also indicates that MoLESS established an Inter-Agency Working Group on the elimination of child labour in 2017–18 which reunites more than ten development partners, including the ILO, UNICEF, the National Child Rights Council, and several NGOs. The Committee requests the Government to provide information, in its next report, on how the measures taken under the MoLESS Master Plan on the Elimination of Child Labour (2018–28) are addressing the root causes leading children to becoming engaged in the worst forms of child labour in Nepal, and on the impact of these measures in terms of the number of children prevented or withdrawn from these worst forms of child labour. It also encourages the Government to continue taking measures to increase and reinforce policy coherence and national and regional cooperation to combat the worst forms of child labour, such as in the case of the Inter-Agency Working Group, and to provide information on the progress made and results achieved in this regard.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2023.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, May–June 2023)

The Committee notes the detailed discussion that was held by the Committee on the Application of Standards (Conference Committee) at the 111th Session of the International Labour Conference (June 2023), regarding the application of the Convention by Nepal.

Articles 3(a), (b) and (d) and 7(2)(a) and (b) of the Convention. Worst forms of child labour and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. The Conference Committee requested the Government to eliminate the worst forms of child labour, notably in bonded labour in agriculture, commercial sexual exploitation in the entertainment industry and bonded labour in the brick kiln industry. It further requested the Government to take effective and time-bound measures to remove children from these worst forms of child labour and provide adequate assistance for their rehabilitation and social integration, including through access to free, basic and quality education.

Similarly, the IOE, while commending the efforts made by the Government to provide assistance, observed that the Government should continue its efforts to ensure that all child victims of forced labour, exploitation in brick kilns or commercial sexual exploitation, receive appropriate rehabilitation and social integration services, including access to education.

Child bonded labour (in agricultural-based bonded labour practices and domestic work). The Committee takes note of the information shared by the Government in its report according to which an integrated act on forced labour has been drafted, and that it will come into force in the near future. In addition, in the framework of the Five-Year Strategic Plan (2021/22-2026/27) of the Ministry of Labour, Employment and Social Security (MoLESS), regular labour inspections will be undertaken to ensure that no child is employed in forced labour. Regarding the reintegration of former victims of forced or bonded labour, the Government indicates that families living in the far West of Nepal have been prioritized. In the framework of the ILO project “A Bridge to Global Action on Forced Labour” (Bridge Project II), the Government has supported 1,115 former bonded labourers and also supported the rehabilitation and education of their children. The Ministry of Education, Science and Technology also continues to provide scholarships to freed Kamaiyas, Haliyas and Haruwa-Charuwas (agricultural-based bonded labour practices), while residential support was provided by this Ministry to 3,421 marginalized students, including freed Kamlari girls (offering girls for domestic work to families of landlords). The Government indicates that such actions will continue to be implemented. The Committee encourages the Government to pursue its efforts to ensure that all child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education, and to continue providing information on the measures taken in this regard and on the results achieved.

Commercial sexual exploitation. Regarding the Committee’s previous observation that an estimated 13,000 people engaged in the adult entertainment sector started working as children under 18 years of age, the Committee notes the Government’s indication that statistics on this issue are unavailable and that a data system will be developed to monitor and report on the exact number of children in the entertainment industry. The Committee requests the Government to take the necessary measures to develop and put in place as soon as possible a data system on children engaged in commercial sexual exploitation, including in the entertainment industry, and to provide the statistics collected, once they are available. The Committee also requests the Government to take effective and time-bound measures to eliminate this worst form of child labour, to remove the identified child victims of commercial sexual exploitation and to provide them with the appropriate assistance to ensure their rehabilitation and social integration, as a matter of urgency.

Hazardous workin brick kilns. The Committee notes the Government’s indication that children in this worst form of child labour continue to be identified and rescued through the interventions of various sectors, and that these interventions will continue in the future. For instance, the Government indicates that the joint efforts of the local governments and of a non-governmental organization led to six children (two girls and four boys) being rescued from the brick kiln industry, reintegrated with their families and given support for their education.

While taking note of the measures taken by the Government, the Committee recalls that a 2021 report on the employment relationship survey in the brick kiln industry in Nepal exposed that 10 per cent of workers in brick kilns were children (approximately 17,738 child workers), as well as the prevalence of labour exploitation in this sector. The Committee therefore urges the Government to redouble its efforts to prevent all children under 18 years of age from working in the brick kiln industry and remove child victims from this worst form of child labour and provide for their rehabilitation and social integration. The Committee requests the Government to continue providing information on the measures taken, as well as on the number of inspections undertaken in brick kilns, violations detected with regard to children engaged in hazardous work in this sector, and penalties assessed. .

Articles 5, 7(1) and 7(2)(b). Monitoring mechanisms, penalties and direct assistance for child victims of the worst forms of child labour. Trafficking. The Conference Committee requested the Government to redouble its efforts to combat the trafficking of children and to provide information on the activities undertaken by the Nepal Police and the High-level task force to prevent and control the incidence of trafficking and illegal migration.

Similarly, the IOE states in its observations that the Government must continue its efforts to combat the trafficking of children because of its extreme seriousness and provide information on the actions taken and their results.

In this respect, the Committee notes the Government’s indication that 422 police personnel were capacitated as regards combating human trafficking in 2022–23. The Government also indicates that the Anti-Trafficking Bureau of the Nepal Police is preparing to establish offices in all seven provinces, and that it is developing awareness-raising measures to sensitize communities of the risks and consequences of child trafficking through, for example, informative documentaries. As regards the withdrawal of children from trafficking, the Government indicates that bi-monthly coordination meetings between governmental and non-governmental organizations have been taking place with a view to ensuring effective interventions, and that 152 victims of trafficking, including 12 children, were rescued in 2022–23. In addition, the Child Helpline, which provides counselling, legal aid, information, rescue and temporary shelter facilities for child victims of trafficking and vulnerable children, and the Missing Children Service Centres (MCSCs) which operate in partnership with the Nepal Police and provide support and services to child victims of trafficking and exploitation, continue to be operational. The Government indicates that the expansion of the MCSCs to all provinces is planned, in collaboration with the National Child Rights Council. The Committee requests the Government to continue its efforts to combat trafficking in children and to rescue child victims of trafficking and rehabilitate and socially integrate them. It requests the Government to continue providing information on the measures and activities undertaken in this regard by the Nepal Police, the High-level task force, the Child Helpline and the MCSCs, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Conference Committee requested the Government to improve the functioning of the education system to facilitate access to free, basic and quality education for all children, particularly girls and indigenous children, and to take measures to increase the school enrolment, attendance and completion rates and reduce school dropout rates.

The Government indicates in this regard that the Ministry of Education is continuing to implement programmes to provide free meals and textbooks, as well as to offer residential scholarships. The Government indicates that the basic level (grades 1 to 8) enrolment rate has reached 96.1 per cent and that 77.1 per cent of students have completed basic level education in 2022. The Government intends to continue implementing all current actions, increase the Girls Scholarships and conduct campaigns to promote girls-friendly and violence-free schools. In addition, in the framework of the second National Master Plan on the Elimination of Child Labour (2018-2028) of the MoLESS, actions are planned with regard to improving education, such as ensuring the prevention of dropouts through bridging programmes and the expansion of vocational education. The Committee encourages the Government to pursue its efforts to facilitate access to free, basic and quality education for all children. It requests the Government to continue providing information on the measures taken and the results achieved with regard to increasing the school enrolment, attendance and completion rates and reducing the school drop-out rates, as well as specific information as concerns girls and indigenous children.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. In response to its previous comments, the Committee notes the Government’s information in its report that the Act Relating to Children which was adopted in 2018 contains provisions prohibiting the use of children for armed conflict. The Committee notes with interest that according to section 7(7) of this Act, no child under the age of 18 years (defined under section 2(j)) shall be deployed in the army, police and armed groups or used for armed conflict or political purposes directly or indirectly. Section 72(1) further sets penalties of fines for violating this provision.

Article 3(c). Use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the prohibition on the activities involving the sale, distribution or trafficking of alcohol, narcotics or other drugs (sections 2(a) and 16(4)) of the Children’s Act, 1992), applies only to children under 16 years. It noted the Government’s information that the Children’s Bill which contained provisions prohibiting the use, procuring or offering of all children under 18 years for the production and trafficking of drugs was tabled in the Parliament for adoption.

The Committee notes with interest that section 66(2) of the Act Relating to Children, 2018 makes it an offence to train or cause a child to commit or involve in any offence (subsection (n)) which shall be punishable with a fine and imprisonment under section 72. The Committee requests the Government to provide information on the application in practice of section 66(2)(n) of the Act Relating to Children, 2018, indicating the number of cases reported, prosecutions, convictions and penal sanctions applied for the offences related to the use, procuring or offering of children under the age of 18 years for the production and trafficking of drugs.

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 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 on the Elimination of Child Labour. Following its previous comments, the Committee notes that the National Master Plan on the Elimination of Child Labour (2018–2028) has been adopted. The Government indicates that it is committed to ensuring the effective implementation of this Master Plan and to protect children engaged in hazardous work through school enrolment programmes, family support programmes and alternative care options through the National Child Rights Council, Provincial and Local Child Rights Committees. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the National Master Plan for the Elimination of Child Labour 2018–2028 to eliminate the worst forms of child labour 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. Forced labour. The Committee notes that according to the Report on the National Labour Force Survey 2017/18, around 31,338 individuals are in forced labour in Nepal of which an estimated 17 per cent are children. Forced labour is more prevalent in agriculture and forestry, followed by construction (page XIII). The Committee requests the Government to take effective measures to remove children under 18 years from forced labour and to provide them with appropriate assistance for their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(2)(b) of the Convention. Worst forms of child labour and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child bonded labour. In its previous comments, the Committee noted the various rehabilitation programmes provided to Haliya and Kamaiya (agricultural based bonded labour practices) and Kamlari, (offering girls for domestic work to families of landlords) girls by the Ministry of Land Management and Poverty Alleviation. It requested the Government to continue its efforts and to provide information on the measures taken and the results achieved in this regard.

The Committee notes the Government’ information in its report that out of the total 27,570 liberated Kamaiyas, 25,195 were provided with land, while 12,820 out of 16,322 Haliya families were rehabilitated. It also notes the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29) that the Department of Education has institutionalized a system of extending educational services, by providing scholarships and hostel facilities, to freed Kamlari girls. The Committee encourages the Government to pursue its efforts to ensure that all child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved indicating the number of child bonded labourers that have been rehabilitated.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that the prohibition on the use or involvement of children in an “immoral profession” (sections 2(a) and 16(1)) of the Children’s Act, 1992, applies only to children under 16 years. It noted the Government’s information that the Children’s Bill which contained provisions prohibiting the use, procuring or offering of all children under 18 years for the production of pornography or for pornographic performances was tabled in the Parliament for adoption.

The Committee notes that the Act Relating to Children, 2018 has been adopted. It notes with satisfaction that section 66(3) of this Act which deals with offences related to child sexual abuse makes it an offence to use a child (persons under 18 years as per section 2(j)) for the production of any obscene material or act (subsection (d)); to engage or cause to engage a child in sexual exploitation (subsection h); or to use or cause to use a child in sexual abuse, including child pornography (subsection (j)). According to section 72, these offences are punishable with a fine of up to 100,000 rupees and imprisonment for up to five years. The Committee requests the Government to provide information on the application in practice of section 72 in relation to sections 66(3)(d), (h), (j) of the Act Relating to Children, 2018 for the offences related to the use, procuring or offering of children for the production of pornography or pornographic performances, indicating the number of cases reported, prosecutions, convictions and penalties applied.

Articles 5, 7(1) and 7(2)(b). Monitoring mechanisms, penalties and direct assistance for child victims of the worst forms of child labour. Trafficking. In its previous comments, the Committee noted the activities undertaken by the National and District Committees on Controlling Human Trafficking and the Nepal Police in combating trafficking in persons. It also noted the establishment of a Child Helpline and a Human trafficking and Control Unit.

The Committee notes that the Government report does not contain any information concerning its efforts to combat trafficking in children as requested by the Committee in its previous comments. However, the Committee notes the Government’s information in its report of November 2020 to the Human Rights Council that the Nepal Police created a High-level task force to prevent and control the incidence of trafficking and illegal migration, particularly of women and girls and investigate such crimes. Moreover, security check-posts in ten critical points and twenty boarder locations were established for carrying out intensive vigilance and security checks to prevent the incidence of trafficking (A/HRC/WG.6/37/NPL/1, paragraph 109). The Committee also notes the Government’s information in its Combined 6th and 7th periodic reports submitted on 15 February 2022 to the Committee on the Rights of the Child (Report to the CRC, 2022), that the Service Centres established under the Nepal Police and the Missing Children Response Centres (MCRC) operate in partnership with the Nepal Police, provide support and services to child victims of trafficking and exploitation. Moreover, the Child Helpline provides counselling, legal aid, information, rescue and temporary shelter facilities for child victims of trafficking and vulnerable children. This report further indicates that the MCRC which are functional in 73 district police offices have supported 3619 children in 2020-21 and the Child helpline which is functional in 18 locations covering 72 districts have supported 10,348 children in 2020-21. According to the statistics of the Nepal Police Women, Children and Senior Citizens Service Directorate, a total of 75 child victims of trafficking (71 girls and 4 boys) were identified in 2019–20. Moreover, in 2020-21, more than 3,000 children were prevented from trafficking and reunited with families through boarder interceptions (paragraphs: 97, 107, 108, 136 and 189). The Committee strongly encourages the Government to continue its efforts to combat trafficking in children and to provide information on the activities undertaken by the Nepal Police and the High-level task force, in monitoring and identifying child victims of trafficking. It requests the Government to provide information on the number of cases of trafficking of children identified, investigations, prosecutions and convictions carried out and the penalties imposed. Lastly, it requests the Government to continue to provide information on the number of child victims of trafficking who have been provided support and assistance by the Child Helpline, the Missing Children Response Centers and the Service centers.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the measures taken to improve access to education of children, including provisions of scholarships for girls and Dalit children. However, it noted that a significant number of children were out of school.

The Committee notes the Government’s information that the Act Relating to Compulsory and Free Education, 2018 guarantees free and compulsory education at the primary level and free education up to secondary school (sections 6 and 20). The Government states that it has been concentrating its efforts on increasing retention and completion rates along with improving quality education and a child friendly environment at schools. It indicates that a total of 35,674 schools were operational in 2019–20 which educated over 7 million children from grades 1 to 12 with a fair share of Dalit and indigenous children and a good share of girls’ representation in schools. According to the Government’s information, in 2019, the net enrolment rate was 97 per cent at the primary level (an increase from 64 per cent in 1991), 94.7 per cent at the lower secondary level, and 51.2 per cent at the higher secondary level with the ratio of girl to boy students increasing from 0.43 to 0.98 in basic education and from 0.43 to 1.01 in secondary education. The Government indicates that it continues to provide scholarships to girls, Dalit students and children from poor families. For the fiscal year 2019–20, and for 2020–21 respectively , 3.19 billion rupees and 2.7 billion rupees were allocated for such scholarships.

The Committee also notes from the Government’s report to the Human Rights Council that 3,288,924 children, including children from the Dalit community, conflict affected families and highly marginalized and indigenous communities were provided with scholarships (A/HRC/WG.6/37/NPL/1, paragraph 69). The Committee further notes that the Government, in its report to the CRC, 2022, refers to various initiatives undertaken by the provincial governments for the protection of girls and to support their education, including: (i) the Beti Bachao Beti Padhao (Save Girls and Educate Girls) campaign that provides bicycles for girls, scholarship and educational supports; (ii) the Bank Khata Chhoriko: Surakshya Jivan Bhariko (Daughter's Bank Account- Protection for Lifelong) programme through which the Government deposits cash for the girl child from birth till she is 20 years of age; and (iii) the Sanai Chhu Ma Badhna Deu, Bal Bibah Hoina Padhna Deu (I am Young let me grow, no child marriage but let me go to school) programme which has been launched to provide special educational opportunities and protection for girls (paragraph 37). The Committee, however, notes that according to the UNESCO statistics over 74,280 children and 189,753 adolescents (including 117,859 female adolescents) were out of school in 2021. The Committee therefore strongly encourages the Government to continue its effortsto facilitate access to free, basic and quality education for all children, with a particular focus on girls and indigenous children. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, particularly with regard to improving the functioning of the education system, increasing the school enrolment, attendance and completion rates, and reducing the school drop-out rates.

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. 1. Commercial sexual exploitation. The Committee previously noted from the Report of the National Human Rights Commission (NHRC) that a large number of girls and women were involved in commercial sexual exploitation in the entertainment establishments in the Kathmandu valley.

In response to its previous comments concerning the measures taken to remove children from commercial sexual exploitation and to provide assistance, the Committee notes that the Government only refers to a few laws that set the legal framework against trafficking and commercial sexual exploitation, including the Directives for Protection against Economic and Sexual Exploitation of Women and Girls in the Entertainment Sector, 2008. In this regard, the Committee notes from a report of Alliance 8.7 (a global partnership, including ILO, committed to achieving SDG Target 8.7) entitled Understanding Commercial Sexual Exploitation of Children in Nepal, 2018 that the adult entertainment sector is a high-risk environment for girls where commercial sexual exploitation is known to occur. Many of these workplaces have become a front for commercial sex and working in these places can lead girls to the sex industry. It is estimated that around 13,000 people in this sector started working as children under the age of 18 years.The Committee once again 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 industry and to provide them with the appropriate assistance to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and the results achieved, indicating the number of children under 18 years removed and rehabilitated.

2. Children working in brick kilns. The Committee notes from the Report on Employment Relationship Survey in the Brick Industry in Nepal, 2020 conducted by the ILO, UNICEF and the Central Bureau of Statistics of Nepal that there are an estimated 17,738 children working in the brick kilns of Nepal with 44.5 per cent of these children involved in hazardous work. These children are mostly exposed to dust and flames, working excessively long hours, working at night and carrying heavy loads. Observing that the work carried out by children under 18 in the brick kiln industry is inherently hazardous,the Committee urges the Government to take the necessary measures to prevent all children under 18 years of age from working in the brick kiln industry. It also requests the Government to take effective and time bound measures to remove children from this worst form of child labour and to provide for their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken and the results achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Articles 3(a) and 7(2)(b) of the Convention. Worst forms of child labour and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child bonded labour. In its previous comments, the Committee noted the Government’s information that the Kamlari (girls sold into indentured labour) system is prohibited under the Kamlari Prohibition Act of 2013. It also notes the various measures taken to eliminate the bonded labour of children and to provide for their rehabilitation, social reintegration and access to education. In this regard, it noted the implementation of the Kamlari Scholarship which provided financial assistance to a number of freed Kamlari girls as well as the provision of education and vocational training within the National Plan of Action Against Child Bonded Labour, 2009. It noted, however, that the Committee on the Rights of the Child (CRC), and the United Nations Human Rights Committee on the International Covenant on Civil and Political Rights (CCPR), in their concluding observations of 3 June 2016 (CRC/C/NPL/CO/3-5, paragraph 68) and 15 April 2014 (CCPR/C/NPL/CO/2, paragraph 18), respectively, expressed concern about the continuity of practices of bonded labour such as Haliya and Kamaiya (agricultural based bonded labour practice), and Kamlari in some regions of the State party. The Committee urged the Government to strengthen its efforts to ensure the complete elimination of bonded labour of children under 18 years of age and to pursue its efforts to ensure appropriate services for their rehabilitation and social integration, including access to education.

The Committee notes the Government’s information in its report, that the Ministry of Land Management and Poverty Alleviation has been implementing the Free Kamaiya and Haliya (bonded labour) Rehabilitation Programme through which grants are provided for purchasing land, building houses, and purchasing wood as well as skills development training and resettlement programmes to victims of bonded labour. Accordingly, from 2017 to 2018, 37 families were provided financial support to purchase land; 876 families to purchase wood; and 1,005 families for building houses. Moreover, five skill development trainings were provided to 80 Kamaiyas and Haliyas. In addition, during the fiscal year 2016–17, the Ministry of Education, Science and Technology provided financial assistance to 1,611 freed Kamlari girls, through the Kamlari Scholarship Directives, to pursue their education until grade 12. The Committees strongly encourages the Government to pursue its efforts to ensure that child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, and for the production and trafficking of drugs. The Committee previously observed that the prohibition on the use or involvement of children in an “immoral profession” under sections 2(a) and 16(1) of the Children’s Act, 1992, applies only to children under 16 years. It also noted that pursuant to sections 2(a) and 16(4) of the Children’s Act, children under 16 years are prohibited from being involved in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee further noted the Government’s information that the draft Children’s Act contained provisions prohibiting the use, procuring or offering of all children under 18 years for the production of pornography or for pornographic performances as well as for the production and trafficking of drugs.

The Committee notes the Government’s indication that the new Children’s Bill has been approved by the Cabinet and is currently being tabled in the Parliament for adoption. The Committee expresses the firm hope that the Children’s Bill which contains provisions prohibiting the use, procuring or offering of all children under 18 years of age for the production of pornography and for illicit activities, such as the production and trafficking of drugs, will be adopted in the very near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Trafficking. In its previous comments, the Committee noted the Government’s information that a National Committee on Controlling Human Trafficking, District Committees on Controlling Human Trafficking in 75 districts and local committees in 109 villages were established for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007. It also noted that the Women and Children Service Directorate, under the Nepal Police, provided services to all the Women and Children Service Centres in dealing with cases relating to trafficking in persons. Moreover, the Nepal Police and the Central Child Welfare Board (CCWB) were also involved in rescuing trafficked children. The Committee noted, however, that the Committee on Economic, Social and Cultural Rights (CESCR) and the CCPR, in their concluding observations of 2014, expressed concern at the high number of children who were trafficked for labour and sexual exploitation, as well as for begging and slavery, including in neighbouring countries; at the ineffective application of the Human Trafficking and Transportation (Control) Act and at the lack of information on investigations, prosecutions, convictions and sanctions imposed on traffickers (E/C.12/NPL/CO/3, paragraph 22; and CCPR/C/NPL/CO/2, paragraph 18). The Committee therefore urged the Government to take the necessary measures to ensure that thorough investigations and prosecutions of persons engaged in the sale and trafficking of children under 18 years of age were carried out and that sufficiently effective and dissuasive penalties were imposed in practice.

The Committee notes the Government’s information that from 2015 to 2016: (i) 6,939 training programmes for stakeholders working against human trafficking were conducted, benefiting 37,632 trainees; (ii) interaction programmes with 167 stakeholders were conducted by the National and District Committees on Controlling Human Trafficking; and (iii) training programmes were provided to 486 officials from Nepal Police and District Courts. Moreover, a helpline for children and a Human Trafficking and Control Unit under the Ministry of Women, Children and Senior Citizens were established.

The Committee notes from the Trafficking in Persons National Report of the National Human Rights Commission of June 2017 (Report of the NHRC) that the number of trafficking cases registered by the Nepal Police is relatively low compared to the factual number of trafficking victims. This report indicates that in 2015–16, a total of 212 cases of human trafficking, involving 352 victims, were registered, of which four in ten victims were children. In this regard, the Committee notes from the Report of the NHRC that as per the interventions and the rescue efforts of the Crime Investigation Division of Kathmandu, the Nepal Police and Foreign Embassies to Nepal, an estimated 23,200 victims of trafficking were registered in 2015–16, including 13,600 potential victims of trafficking of which 50 per cent were children. This report further indicates that by the end of June 2016, an estimated 44,131 children who were recorded as being at high risk due to the earthquake of 2015 were also vulnerable to trafficking. Moreover, the Committee notes that the CRC, in its concluding observations of June 2016, expressed concern about the 2015 earthquake which exacerbated the vulnerability of orphans, children of indigenous groups, religious minorities, the Dalit community and migrant workers to human trafficking (CRC/C/NPL/CO/3-5, paragraph 66). The Committee therefore urges the Government to strengthen its efforts to combat trafficking in children, including through the strengthening of the capacities of the National and District Committees on Controlling Human Trafficking, the Human Trafficking and Control Unit and the Nepal Police, to ensure the effective monitoring and identification of child victims of trafficking. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions of persons engaged in the sale and trafficking of children under 18 years of age are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures adopted in this respect and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee notes the various measures taken by the Government to improve access of children to basic education, such as the scholarship support to children of disadvantaged and minority groups, and girls; the “Mid-Day Meal” programme; and the “Welcome to School” programme, which assists in reaching out to disadvantaged children in the rural areas. The Committee further noted from the 2013 Progress Report of the Millennium Development Goals that although the net enrolment rate (NER) at the primary level reached 95.3 per cent in 2013, the net attendance rate at primary level was only 68.8 per cent and that at least 4.7 per cent (over 800,000 children) of primary school-age children, were still out of school. The Committee encouraged the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from disadvantaged minorities and other marginalized groups.

The Committee notes that the Government’s report does not provide any further information on the measures taken to improve the functioning of the education system. However, the Committee notes from the Report of the NHRC that the Ministry of Education (MoE) issued a Compulsory Basic Education Guideline 2014. According to this report, the MoE provided scholarships to more than 1.3 million children, of which the majority was for girls and Dalit children in grades 1–8. The Committee further notes from the UNESCO statistics that in 2017, the NER in primary education reached 94.7 per cent (girls: 93.25 and boys: 96.08) with a transition rate to secondary education at 82.38 per cent. Moreover, the NER in secondary education reached 55.29 per cent (girls: 57.26 and boys: 53.42). However, the UNESCO statistics further indicate that about 381,448 children and adolescents were still out of school in 2017. The Committee further notes that the CRC, in its concluding observations of July 2016, expressed concern at the high number of children who are out of school; the high drop-out rate of girls; the low enrolment and high drop-out rates of indigenous children; and the significant gaps in the quality of education between rural and urban areas (CRC/C/NPL/CO/3-5, paragraph 58). Considering that access to education is one of the most effective means of preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free and basic quality education for all children, with a particular focus on girls and indigenous children. It requests the Government to provide information on the measures taken in this regard and on the results achieved, particularly with regard to improving the functioning of the education system, increasing the school enrolment, attendance and completion rates, and reducing the school drop-out rates.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s information, in its report, that the Army Rules of 2013 prohibit the employment of children under the age of 18 years in the army (Rule 6(1)). Moreover, section 39(6) of the Constitution of 2015 stipulates that no child shall be recruited into the army, police or any armed group. The Government further indicates 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 to the offenders. The Committee expresses the firm hope that the draft Children’s Act 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. The Committee requests the Government to provide information on the measures taken in this regard. It finally requests the Government to provide a copy of the Army Rules of 2013.

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. 1. National Plan of Action against Trafficking in Persons 2012–22. The Committee notes from the Report of the National Human Rights Commission (NHRC) of March 2016 that the Government adopted the National Plan of Action against Trafficking in Persons which identifies five broad areas of interventions, such as prevention, protection, prosecution, capacity building, and collaboration and networking. This report also indicates that the Government allocated a budget to the District Committees on Controlling Human Trafficking of 75 districts to formulate, implement, coordinate and monitor anti-trafficking activities and programmes. Accordingly, some of the district committees like Morang and Sansari have formulated a five-year district plan of action against trafficking in persons. The Committee requests the Government to provide information on the concrete measures taken within the National Plan of Action against Trafficking in Persons 2012–22 as well as within the five-year district plan of action against trafficking in persons, to combat trafficking of children and the results achieved.

2. National Master Plan on Child Labour. In its previous comments, the Committee noted that the Government had drafted a new National Master Plan on the Elimination of Child Labour with targets set to abolish the worst forms of child labour by 2016 and all child labour by 2020.

The Committee notes the Government’s information that the National Master Plan on Child Labour 2014–24 has not yet been adopted. The Government indicates that the Ministry of Labour and Employment (MoLE) is in the process of preparing a five-year plan document based on the draft master plan. The Government also states that the Child Labour Elimination Section (CLES), established under the MoLE, is implementing several programmes, in consultation with the workers’ and employers’ organizations, within the framework of the National Master Plan. These include: the development of a National Child Labour Policy; revision of national laws and regulations; determination of hazardous types of work prohibited to children; as well as advocacy and awareness-raising activities for the elimination of child labour. The Committee also notes that ILO–IPEC is implementing a project entitled “Towards Achieving the Elimination of the Worst Forms of Child Labour as Priority (ACHIEVE)” which aims to eliminate child labour in Bhaktapur and Kavre districts, with a priority on its worst forms, by 2016. Within the framework of this project, a number of actions and projects were initiated and implemented and the key achievements include: the mainstreaming of child labour issues in the municipal plan and policies; establishment of child labour elimination desks within the Dhulikhel and Panauti municipalities with child labour focal persons appointed for coordinating, reporting and monitoring child labour issues; and declaration of five wards in these municipalities as “Child Labour Free Zones”. The Committee encourages the Government to pursue its efforts, in cooperation with the ILO, as well as through the adoption and effective implementation of the National Master Plan on Child Labour, to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that it continues to provide scholarship support to children of disadvantaged and minority groups and full scholarship to all girls and selected 50 per cent boys at the secondary level. In addition, the Ministry of Education has launched a “Mid Day Meal” programme in 35 districts in order to prevent children from dropping out of school. The Government also indicates that in the year 2015–16, it envisages constructing an additional 1,285 school buildings and 3,230 toilets in schools; providing free text books to students from grades 1 to 10; and establishing residential schools in different geographic regions. The Committee also notes from the national report of the Government to the Human Rights Council of 6 August 2015 that the Ministry of Education is working on a bill to make basic education free and compulsory. This report also indicates that within the School Sector Reform Plan of 2009–16, 1,173 municipalities of Laltpur and Dhadhing are providing access to free and compulsory primary education. Moreover, the “Welcome to School” programme, which assists in reaching on to the disadvantaged children in the rural areas, is being conducted at the beginning of every year in all schools (A/HRC/WG.6/23/NPL/1, paragraphs 23 and 24). The Committee further notes from the 2013 Progress Report of the Millennium Development Goals that the net enrolment rate (NER) at the primary level reached 95.3 per cent in 2013. The rate of increase was greater among girls than boys. The Committee notes, however, from this report, that although NER has increased, the net attendance rate at primary level is only 68.8 per cent and that at least 4.7 per cent (over 800,000 children) of primary school-age children, are still out of school. Taking due note of the measures implemented by the Government, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from disadvantaged minorities and other marginalized groups. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children affected by conflict and child soldiers. The Committee notes the Government’s information that as of March 2015, a total of 16,713 children have been recorded as having been affected by armed conflict. Of these children, 3,941 children are being provided educational scholarship by the Ministry of Education; 30 children are being provided monthly financial support by the Ministry of Women, Children and Social Welfare; and 7,500 such children were provided support by the Children Associated with Armed Forces and Armed Groups Reintegration Programme implemented by UNICEF-Nepal. In addition, 1,363 children affected by armed conflict are provided free education up to secondary level and residential facilities in the residential schools run by the “Martyr’s Memorial Foundation” established by the Government, and 341 children are living in other childcare homes. The Committee also notes from the national report of the Government to the Human Rights Council, of 6 August 2015, that a total of 2,973 minors who were discharged from the Maoist cantonments through the United Nations Mission in Nepal had received interim relief followed by reintegration support such as education, vocational training and psychological counselling (A/HRC/WG.6/23/NPL/1, paragraph 68). The Committee notes, however, that the Committee on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in its concluding observations of 3 June 2016, expressed concern that not all children affected by armed conflict, especially those who were child soldiers and victims of violations during the conflict, have been able to access the benefits from these initiatives (CRC/C/OPAC/NPL/CO/1, paragraph 7). Recalling that children affected by conflict may be more vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that all children affected by armed conflict, including children who were directly affected by the conflict, such as child soldiers or victims, have access to free basic education and appropriate services for their rehabilitation and social reintegration. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3(a) and 7(2)(b) of the Convention. Worst forms of child labour and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child bonded labour. In its previous comments, the Committee noted the persistence of practices such as kamlari, a form of bonded child labour affecting girls from the Tharu indigenous community.

The Committee notes the Government’s information that kamlari system is prohibited under the Kamlari Prohibition Act of 2013. The Government report indicates that several measures are being taken to eliminate bonded labour of children and to provide for their rehabilitation, social reintegration and access to education. These measures include: mobilizing civil societies, in collaboration with the District Child Welfare Board and Labour offices, in freeing kamlari and providing for their rehabilitation; launching campaigns against the worst forms of child labour in the formal and informal sectors; and providing opportunities for education and vocational training for freed kamlari through targeted scholarship, hostel and livelihood facilities. The Government indicates that under the Kamlari Scholarship Directives implemented by the Ministry of Labour and Employment (MoLE), financial assistance is provided, until grade 12, for freed kamlari girls who go to school from their homes as well as for those who stay in hostels. So far, 8,000 girls have benefited from this initiative. Furthermore, 425 kamlari girls are using hostel facilities established in the five districts where kamlari system prevails. The Government further indicates that a total of 12,000 freed kamlari girls have received education, including vocational training, since the implementation of the National Plan of Action Against Child Bonded Labour, 2009. The Committee notes, however, that the Committee on the Rights of the Child, and the United Nations Human Rights Committee on International Covenant on Civil and Political Rights, in their concluding observations of 3 June 2016 (CRC/C/NPL/CO/3-5, paragraph 67) and 15 April 2014 (CCPR/C/NPL/CO/2, paragraph 18), respectively, expressed concern about the continuity of practices of bonded labour such as Haliya (agricultural bonded labour practice), Kamaiya and Kamlari in some regions of the State party. While noting the measures taken by the Government, the Committee urges the Government to strengthen its efforts to ensure the complete elimination of bonded labour of children under 18 years of age and to pursue its efforts to ensure that child victims of bonded labour receive appropriate services for their rehabilitation and social reintegration, including access to education. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that the prohibition on the use or involvement of children in an “immoral profession” under sections 2(a) and 16(1) of the Children’s Act, 1992 applies only to children under 16 years. It noted the Government’s indication that appropriate amendments would be made to the Children’s Act.

The Committee notes the Government’s information, in its report, that the draft Children’s Act contains provisions prohibiting the use, procuring or offering of all children under 18 years for the production of pornography or for pornographic performances. The Committee expresses the firm hope that the draft Children’s Act which contains provisions prohibiting the use, procuring or offering of all children under 18 years of age for the production of pornography, will be adopted in the very near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee previously noted that pursuant to sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. However, the Committee also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function.

The Committee notes the Government’s information that the draft Children’s Act contains provisions prohibiting the use, procuring or offering of all children under 18 years of age for the production and trafficking of drugs. The Committee urges the Government to take the necessary measures to ensure that the Children’s Act which prohibits the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and trafficking of drugs, is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

2. 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 to beg in a street, junction or any other place. The Committee also noted the Government’s indication that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention.

The Committee notes the Government’s statement that it is 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 expresses the firm hope that amendments to the Begging (Prohibition) Act prohibiting the use, procuring or offering of all children under 18 years of age for begging, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard.

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).

Articles 5 and 7. Monitoring mechanisms and penalties. Trafficking. In its previous comments, the Committee noted the Government’s statement that, as Nepal was one of the poorest countries in South Asia, and as it had an open border with India, some types of human trafficking had flourished. The Committee urged the Government to take immediate measures to strengthen its efforts to combat the trafficking of children under 18 years of age and requested the Government to provide information on the number of cases of trafficking in children detected and investigated, as well as statistics on the number of prosecutions, convictions and penalties applied to perpetrators.

The Committee notes the Government’s information that a National Committee on Controlling Human Trafficking, District Committees on Controlling Human Trafficking in 75 districts and local committees in 109 villages were established for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007. Moreover, the Women and Children Service Directorate, under the Nepal Police, provides services to all the Women and Children Service Centres in dealing with cases relating to trafficking in persons. The Government also indicates that the Nepal Police and the Central Child Welfare Board (CCWB) are the two institutions involved in rescuing trafficked children. According to the data provided by the Government, in 2012–13, the CCWB rescued 134 child victims of trafficking (including 129 boys and five girls) and the Nepal Police rescued 136 child victims of trafficking. Information on court cases indicates that in 2013–14, there were 518 cases relating to trafficking in persons, of which decisions were handed down in 168 cases and 78 of them were decided in favour of the victims of trafficking. However, the Government states that no information on cases related to trafficking of children is available.

The Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR) and the United Nations Human Rights Committee on International Covenant on Civil and Political Rights (CCPR), in their concluding observations of 12 December 2014 and 15 April 2014, respectively, expressed concern at the high number of children who are trafficked for labour and sexual exploitation, as well as for begging, forced marriages and slavery, including in neighbouring countries (E/C.12/NPL/CO/3, paragraph 22; and CCPR/C/NPL/CO/2, paragraph 18). The CESCR and the CCPR also expressed concern at the ineffective application of the Human Trafficking and Transportation (Control) Act and at the lack of information on investigations, prosecutions, convictions and sanctions imposed on traffickers. The Committee also notes from the National Report on Trafficking in Persons by the National Human Rights Commission, March 2016 (Report of the NHRC) that the massive earthquake of mid-2015 has greatly increased the vulnerability of trafficking, especially of women and children. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age are carried out, in particular by reinforcing the capacities of the authorities responsible for the enforcement of the Human Trafficking and Transportation (Control) Act, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures adopted in this respect and on the results achieved. The Committee also requests the Government to provide information on the measures taken by the national, district and local committees on controlling human trafficking to combat trafficking of children and the results achieved.

Labour inspectorate and the application of the Convention in practice. The Committee previously noted the Government’s statement that the practices of the worst forms of child labour in domestic work, mines, the carpet industry and in rag picking remained a matter of great concern for the Government.

The Committee notes the Government’s information that the draft Labour Act contains provisions to entrust the labour inspectors to monitor the employment of children in the worst forms of child labour. In this regard, the labour inspectors are provided training through ILO, UNICEF and CCWB on issues related to child labour and child rights. The Government report further indicates that in 2014–15, the Women and Children Directorate of Nepal Police withdrew 955 children while the CCWB withdrew 737 children from the worst forms of child labour. However, the Government states that monitoring the worst forms of child labour, particularly in the informal economy, is a difficult task. An increased number of labour offices with an increased number of labour inspectors with a specific mandate and adequate resources are required to oversee and overcome the problems relating to child labour. The Government also states that children identified and withdrawn from the worst forms of child labour are not ensured and guaranteed access to education and vocational training due to lack of resources. The Committee notes that according to the ILO World Report on Child Labour, 2015, 19.4 per cent of the total number of children aged between 15–17 years are involved in hazardous work. Moreover, the Committee on the Rights of the Child, in its concluding observations of 3 June 2016, expressed concern that over 600,000 children are engaged in the worst forms of child labour (CRC/C/NPL/CO/3-5, paragraph 67). The Committee expresses its deep concern at the high number of children involved in the worst forms of child labour. The Committee accordingly urges the Government to redouble its efforts, including through strengthening the capacity and expanding the reach of the labour inspectorate, to combat the worst forms of child, including in the informal economy. In this regard, it requests the Government to take the necessary measures to ensure that the draft Labour Act which will enable the labour inspectorate to monitor the employment of children in the worst forms of child labour, is adopted in the near future.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. The Nepalese army. In its previous comments, the Committee noted the Government’s indication that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 stipulated that a recruit may be 15 to 18 years of age, but that this legislation would be reviewed. The Committee expressed the hope that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 would be amended to prohibit the forced recruitment of children under 18 years for use in armed conflict.

The Committee notes the Government’s indication that pursuant to the Army Act 2006, a new recruitment policy was formulated in 2007 to establish a minimum age of 18 for holding a position in the army. The Committee also notes that article 22(5) of the Interim Constitution of Nepal, 2007, prohibits using minors in the army, police or in conflicts. In addition, the Committee notes that, according to information available at the Office, the Supreme Court of Nepal declared the Young Boys (Recruitment and Conditions of Service) Rules of 1971 to be invalid. The Committee requests the Government to provide a copy of the new recruitment policy for the Nepalese army, issued in 2007 pursuant to the Army Act 2006. It also requests the Government to provide a copy of any court cases of the Supreme Court of Nepal related to the Young Boys (Recruitment and Conditions of Service) Rules of 1971, with its next report.

Armed groups. The Committee previously noted that the forced recruitment of child combatants by Maoists was a matter of great concern to the Government and the public at large. In this regard, the Committee noted that section 7.6.1 of the Comprehensive Peace Accord 2006, concluded between the Government of Nepal and the Communist Party of Nepal (Maoist), provided special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. The Committee noted that the UN Mission in Nepal had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country.

The Committee notes the information in the report of the United Nations Secretary-General on children and armed conflict of 23 April 2011 that, in line with the action plan signed on 16 December 2009, between the Government, the Unified Communist Party of Nepal-Maoist (UCPN-M) and the United Nations regarding the discharge of disqualified Maoist army personnel and related tasks, and in accordance with the Comprehensive Peace Agreement, the formal discharge of Maoist army personnel verified as minors was completed in early 2010. This report indicates that 2,973 Maoist army personnel were verified as minors. The discharge process took place in the seven main cantonment sites and included 1,843 persons verified as minors; the remaining 1,130 verified minors were discharged with the signing of a declaration of discharge on 23 March 2010 (A/65/820–S/2011/250, paragraph 18). However, this report also indicates that a small number of verified minors have returned to the cantonment sites and that, despite concerns being raised with the UCPN-M at the central level and with Maoist army commanders at the cantonment sites, few measures to redress these trends have been observed (A/65/820–S/2011/250, paragraph 19). The Committee urges the Government to pursue its efforts, pursuant to the Comprehensive Peace Accord of 2006 and in collaboration with the UN groups operating in Nepal, to ensure that no child under the age of 18 is forcibly recruited in any armed group, in accordance with Article 3(a) of the Convention. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Article 6. Programmes of action. National Master Plan on Child Labour. The Committee previously noted the Government’s information that it had approved a National Master Plan on Child Labour (2004–14) which aimed at eliminating all forms of child labour by 2014.

The Committee notes the Government’s statement that it has drafted a new National Master Plan on the Elimination of Child Labour to replace the previous Master Plan. The Government indicates that targets have been set to abolish the worst forms of child labour by 2016 and all child labour by 2020. The Committee also notes the information from the ILO–IPEC that it launched a project in 2011, to support the implementation of the new National Master Plan. This project aims to support the development of a policy and legal framework for the elimination of child labour, with a priority on its worst forms. The Committee requests the Government to provide information on specific measures taken within the framework of the National Master Plan on the Elimination of Child Labour to combat the worst forms of child labour, as well as on the results achieved.

Project for the elimination of bonded labour. The Committee previously noted the statement of the General Federation of Nepalese Trade Union (GEFONT) that, although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers were still suffering. However, the Committee noted the implementation of an ILO–IPEC project launched by the Government in 2000 targeting the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee requested the Government to provide information on the number of child bonded labourers withdrawn and rehabilitated pursuant to this initiative.

The Committee notes the information from the ILO–IPEC concerning the project entitled “Sustainable elimination of child (bonded) labour in Nepal, Phase II”, that as of the completion of the project in December 2010, a total of 1,919 children (1,094 girls and 825 boys) have been withdrawn from exploitative work, and 6,025 children (3,139 girls and 2,886 boys) have been prevented from engaging in exploitative work. Additionally, 6,856 children (3,376 girls and 3,480 boys) have been enrolled in formal schooling and 1,156 children (716 girls and 440 boys) have been provided with vocational and skills development training. The Committee also notes the information in the Government’s report that scholarships have been provided for targeted groups of students studying at the primary level, including child bonded labourers. The Government’s report also indicates that efficiency development and scholarships for kamlari (girls sold into indentured labour) were provided to 12,000 students in both 2009–10 and 2010–11. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 August 2011, welcomed the prohibition of bonded labour, but expressed concern regarding reports that this practice still exists among the indigenous Tharu community (CEDAW/C/NPL/CO/4-5, paragraph 29). Lastly, the Committee notes the statement in a report by the United Nations High Commissioner for Human Rights to the Human Rights Council of 16 December 2011 that the persistence of practices such as kamlari, a form of bonded child labour affecting girls from the Tharu indigenous community, is a particular concern. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of bonded labour of children under 18 years of age. It also encourages the Government to pursue its efforts to ensure that child victims of bonded labour receive appropriate services for their rehabilitation and social reintegration, including access to education.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s statement that the “Education for All” (EFA) programme was being effectively implemented in several districts to ensure that all children of school-going age receive education. It also noted that the Government had taken several initiatives to enhance school enrolment and retention rates. The Government indicated that in 2008, the net enrolment at primary level had increased from 89 per cent to 91.1 per cent.

The Committee notes the Government’s statement that the provision of education plays an important role in the elimination of child labour. The Government also indicates that the school enrolment rate has continued to increase, by an average of 3.3 per cent in grades one to eight. Moreover, scholarships for marginalized students were provided to approximately 15,000 students in both 2009–10 and 2010–11, while scholarships for children studying at the primary level were provided to 108,046 students in 2009–10 and to 85,927 students in 2010–11. However, the Committee also notes the information from UNESCO, contained in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 October 2010, that many primary-age children from disadvantaged minorities and Dalits are still denied their right to education (A/HRC/WG.6/10/NPL/2, paragraph 55). Taking due note of the measures implemented by the Government, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from disadvantaged minorities and other marginalized groups. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children affected by conflict. The Committee previously noted the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour had increased. It also noted the Government’s indication that the internal conflict in the country had led to an increasing number of parentless or single parent children and that the consequent displacement of families has made more children vulnerable to hazardous work.

The Committee notes the indication in the Government’s report that children affected by conflict in the Kalikot district are receiving maintenance and care, and support for their education, including efforts to mainstream them into the state education system. The Committee also notes the information in a report of the United Nations High Commissioner for Human Rights to the Human Rights Council of 16 December 2011 that the Office of the High Commissioner for Human Rights, in coordination with UNICEF, continued to monitor the compliance of the UCPN-M party with regard to the demobilization of former child soldiers from the Maoist army, in accordance with the action plan on Security Council resolution 1612 (2005) (A/HRC/19/21/Add.4, paragraph 44). In this regard, the Committee notes the information from UNICEF that the remaining former child soldiers discharged in 2010 received financial support as well as rehabilitation assistance, both from the Government and the UN bodies operating in the country. UNICEF indicates that this assistance includes formal schooling, vocational training, education and help with setting up small businesses. Recalling that children affected by conflict may be more vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that such children have access to free basic education and appropriate services for their rehabilitation and social reintegration. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved, in its next report.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that sections 2(a) and 16(1) of the Children’s Act, 1992 prohibit the use or involvement of children under 16 years in an “immoral profession”. Section 16(2) of the Children’s Act prohibits taking, allowing someone to take, distributing or exhibiting a photograph for the purpose of engaging a child under 16 in an immoral profession. The Committee noted the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly was formed and a fully fledged parliament started to function. The Committee requested the Government to provide a definition of the term “immoral profession” as used in the Children’s Act.

The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) in connection with the optional protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) of April 2008 that section 16 of the Children’s Act prohibits the use or involvement of children in pornographic acts (CRC/C/OPSC/NPL/1, paragraph 182). However, the Committee observes that, pursuant to section 2(a) of the Children’s Act, this prohibition only applies to children under the age of 16. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act is amended to prohibit the use, procuring or offering of all children under 18 years of age for the production of pornography, in the very near future, and to provide information in its next report on developments in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee previously noted that according to sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. However, the Committee also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. Noting once again the absence of information on this point in the Government’s report, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention.

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 to beg in a street, junction or any other place. The Committee also noted the Government’s indication that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function.

The Committee notes the information in the Government’s report to the CRC in connection with the OPSC of April 2008 that there are instances of cross-border child trafficking for, inter alia, the purpose of begging (CRC/C/OPSC/NPL/1, paragraph 71). In this regard, the Committee recalls that the use, procuring or offering of children for illicit activities, including begging, constitutes one of the worst forms of child labour and should therefore be prohibited for all children under 18 years of age. The Committee requests the Government to take the necessary measures, in the near future, to ensure that the Begging (Prohibition) Act is amended to prohibit the use, procuring or offering of all persons under 18 years of age.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. In this regard, the Committee noted the Government’s statement that the age of a “child” as mentioned in the above legislation needed to be raised to 18 years in order to make it consistent with the provisions of this Convention. It also noted the Government’s indication that appropriate amendments would be made to the national legislation after the elected constitutional assembly was formed.

The Committee notes the Government’s reference to the interim Constitution of 2007, article 22(5) of which prohibits employing a minor in factories, mines or in any other such hazardous work, but observes that the term “minor” is not defined in this legislation. Moreover, the Committee notes an absence of information in the Government’s report on any measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to take the necessary measures, in the very near future, to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures, after consultation with the organizations of employers and workers concerned, to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

Articles 5 and 7. Monitoring mechanisms and penalties. Trafficking. The Committee previously noted that, pursuant to the provisions of the Human Trafficking and Transportation (Control) Act, 2007, any person guilty of the trafficking of children within or outside of the country shall be liable to penalties of fines and imprisonment. The Committee requested the Government to provide information on the application of the Human Trafficking and Transportation (Control) Act, 2007 in practice, including the application of penal sanctions.

The Committee notes the statement in the Government’s report that, as Nepal is one of the poorest countries in South Asia, and as it has an open border with India, some types of human trafficking have flourished. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 August 2011, expressed concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). Moreover, the Committee notes the Government’s statement, in its report to the CRC for the OPSC of April 2008, that despite widely varied data on cross-border and in-country sale and trafficking of children (and women), the magnitude of the problem is high (CRC/C/OPSC/NPL/1, paragraph 68). The Committee therefore urges the Government to take immediate measures to strengthen its efforts to combat the trafficking of children under 18 years of age. It requests the Government to provide information on the number of cases of trafficking in children detected and investigated, as well as statistics on the number of prosecutions, convictions and penalties applied to perpetrators. To the extent possible, all information provided should be disaggregated by sex and by age.

Labour inspectorate. The Committee previously noted the Government’s statement that child labour in the organized sector is very rare. It also noted the Government’s indication that, according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour had been registered from 59 districts. The Committee requested the Government to provide information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years.

The Committee also notes the information in the Government’s report that 1,200 inspections by factory inspectors were carried out between 2009 and 2011. The Government indicates that no child labour was found in the formal sector through these inspections. The Committee further notes the Government’s statement that the practices of the worst forms of child labour in domestic work, in mines, in the carpet industry and in rag picking remain a matter of great concern for the Government. The Committee therefore urges the Government to intensify its efforts, including through strengthening the capacity and expanding the reach of the labour inspectorate, to combat the worst forms of child labour in the informal sector. It also requests the Government to provide any data collected by the CCWC regarding the number of cases registered related to the worst forms of child labour with its next report.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. 1. The Nepalese army. In its previous comments, the Committee noted the Government’s indication that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 stipulated that a recruit may be 15 to 18 years of age, but that this legislation would be reviewed. The Committee expressed the hope that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 would be amended to prohibit the forced recruitment of children under 18 years for use in armed conflict.

The Committee notes the Government’s indication that pursuant to the Army Act 2006, a new recruitment policy was formulated in 2007 to establish a minimum age of 18 for holding a position in the army. The Committee also notes that article 22(5) of the Interim Constitution of Nepal, 2007, prohibits using minors in the army, police or in conflicts. In addition, the Committee notes that, according to information available at the Office, the Supreme Court of Nepal declared the Young Boys (Recruitment and Conditions of Service) Rules of 1971 to be invalid. The Committee requests the Government to provide a copy of the new recruitment policy for the Nepalese army, issued in 2007 pursuant to the Army Act 2006. It also requests the Government to provide a copy of any court cases of the Supreme Court of Nepal related to the Young Boys (Recruitment and Conditions of Service) Rules of 1971, with its next report.

2. Armed groups. The Committee previously noted that the forced recruitment of child combatants by Maoists was a matter of great concern to the Government and the public at large. In this regard, the Committee noted that section 7.6.1 of the Comprehensive Peace Accord 2006, concluded between the Government of Nepal and the Communist Party of Nepal (Maoist), provided special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. The Committee noted that the UN Mission in Nepal had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country.

The Committee notes the information in the report of the United Nations Secretary-General on children and armed conflict of 23 April 2011 that, in line with the action plan signed on 16 December 2009, between the Government, the Unified Communist Party of Nepal-Maoist (UCPN-M) and the United Nations regarding the discharge of disqualified Maoist army personnel and related tasks, and in accordance with the Comprehensive Peace Agreement, the formal discharge of Maoist army personnel verified as minors was completed in early 2010. This report indicates that 2,973 Maoist army personnel were verified as minors. The discharge process took place in the seven main cantonment sites and included 1,843 persons verified as minors; the remaining 1,130 verified minors were discharged with the signing of a declaration of discharge on 23 March 2010 (A/65/820–S/2011/250, paragraph 18). However, this report also indicates that a small number of verified minors have returned to the cantonment sites and that, despite concerns being raised with the UCPN-M at the central level and with Maoist army commanders at the cantonment sites, few measures to redress these trends have been observed (A/65/820–S/2011/250, paragraph 19). The Committee urges the Government to pursue its efforts, pursuant to the Comprehensive Peace Accord of 2006 and in collaboration with the UN groups operating in Nepal, to ensure that no child under the age of 18 is forcibly recruited in any armed group, in accordance with Article 3(a) of the Convention. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Article 6. Programmes of action. 1. National Master Plan on Child Labour. The Committee previously noted the Government’s information that it had approved a National Master Plan on Child Labour (2004–14) which aimed at eliminating all forms of child labour by 2014.

The Committee notes the Government’s statement that it has drafted a new National Master Plan on the Elimination of Child Labour to replace the previous Master Plan. The Government indicates that targets have been set to abolish the worst forms of child labour by 2016 and all child labour by 2020. The Committee also notes the information from the ILO–IPEC that it launched a project in 2011, to support the implementation of the new National Master Plan. This project aims to support the development of a policy and legal framework for the elimination of child labour, with a priority on its worst forms. The Committee requests the Government to provide information on specific measures taken within the framework of the National Master Plan on the Elimination of Child Labour to combat the worst forms of child labour, as well as on the results achieved.

2. Project for the elimination of bonded labour. The Committee previously noted the statement of the General Federation of Nepalese Trade Union (GEFONT) that, although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers were still suffering. However, the Committee noted the implementation of an ILO–IPEC project launched by the Government in 2000 targeting the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee requested the Government to provide information on the number of child bonded labourers withdrawn and rehabilitated pursuant to this initiative.

The Committee notes the information from the ILO–IPEC concerning the project entitled “Sustainable elimination of child (bonded) labour in Nepal, Phase II”, that as of the completion of the project in December 2010, a total of 1,919 children (1,094 girls and 825 boys) have been withdrawn from exploitative work, and 6,025 children (3,139 girls and 2,886 boys) have been prevented from engaging in exploitative work. Additionally, 6,856 children (3,376 girls and 3,480 boys) have been enrolled in formal schooling and 1,156 children (716 girls and 440 boys) have been provided with vocational and skills development training. The Committee also notes the information in the Government’s report that scholarships have been provided for targeted groups of students studying at the primary level, including child bonded labourers. The Government’s report also indicates that efficiency development and scholarships for kamlari (girls sold into indentured labour) were provided to 12,000 students in both 2009–10 and 2010–11. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 August 2011, welcomed the prohibition of bonded labour, but expressed concern regarding reports that this practice still exists among the indigenous Tharu community (CEDAW/C/NPL/CO/4-5, paragraph 29). Lastly, the Committee notes the statement in a report by the United Nations High Commissioner for Human Rights to the Human Rights Council of 16 December 2011 that the persistence of practices such as kamlari, a form of bonded child labour affecting girls from the Tharu indigenous community, is a particular concern. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of bonded labour of children under 18 years of age. It also encourages the Government to pursue its efforts to ensure that child victims of bonded labour receive appropriate services for their rehabilitation and social reintegration, including access to education.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s statement that the “Education for All” (EFA) programme was being effectively implemented in several districts to ensure that all children of school-going age receive education. It also noted that the Government had taken several initiatives to enhance school enrolment and retention rates. The Government indicated that in 2008, the net enrolment at primary level had increased from 89 per cent to 91.1 per cent.

The Committee notes the Government’s statement that the provision of education plays an important role in the elimination of child labour. The Government also indicates that the school enrolment rate has continued to increase, by an average of 3.3 per cent in grades one to eight. Moreover, scholarships for marginalized students were provided to approximately 15,000 students in both 2009–10 and 2010–11, while scholarships for children studying at the primary level were provided to 108,046 students in 2009–10 and to 85,927 students in 2010–11. However, the Committee also notes the information from UNESCO, contained in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 October 2010, that many primary-age children from disadvantaged minorities and Dalits are still denied their right to education (A/HRC/WG.6/10/NPL/2, paragraph 55). Taking due note of the measures implemented by the Government, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from disadvantaged minorities and other marginalized groups. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children affected by conflict. The Committee previously noted the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour had increased. It also noted the Government’s indication that the internal conflict in the country had led to an increasing number of parentless or single parent children and that the consequent displacement of families has made more children vulnerable to hazardous work.

The Committee notes the indication in the Government’s report that children affected by conflict in the Kalikot district are receiving maintenance and care, and support for their education, including efforts to mainstream them into the state education system. The Committee also notes the information in a report of the United Nations High Commissioner for Human Rights to the Human Rights Council of 16 December 2011 that the Office of the High Commissioner for Human Rights, in coordination with UNICEF, continued to monitor the compliance of the UCPN-M party with regard to the demobilization of former child soldiers from the Maoist army, in accordance with the action plan on Security Council resolution 1612 (2005) (A/HRC/19/21/Add.4, paragraph 44). In this regard, the Committee notes the information from UNICEF that the remaining former child soldiers discharged in 2010 received financial support as well as rehabilitation assistance, both from the Government and the UN bodies operating in the country. UNICEF indicates that this assistance includes formal schooling, vocational training, education and help with setting up small businesses. Recalling that children affected by conflict may be more vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that such children have access to free basic education and appropriate services for their rehabilitation and social reintegration. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved, in its next report.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that sections 2(a) and 16(1) of the Children’s Act, 1992 prohibit the use or involvement of children under 16 years in an “immoral profession”. Section 16(2) of the Children’s Act prohibits taking, allowing someone to take, distributing or exhibiting a photograph for the purpose of engaging a child under 16 in an immoral profession. The Committee noted the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly was formed and a fully fledged parliament started to function. The Committee requested the Government to provide a definition of the term “immoral profession” as used in the Children’s Act.

The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) in connection with the optional protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) of April 2008 that section 16 of the Children’s Act prohibits the use or involvement of children in pornographic acts (CRC/C/OPSC/NPL/1, paragraph 182). However, the Committee observes that, pursuant to section 2(a) of the Children’s Act, this prohibition only applies to children under the age of 16. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act is amended to prohibit the use, procuring or offering of all children under 18 years of age for the production of pornography, in the very near future, and to provide information in its next report on developments in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee previously noted that according to sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. However, the Committee also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. Noting once again the absence of information on this point in the Government’s report, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention.

2. 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 to beg in a street, junction or any other place. The Committee also noted the Government’s indication that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function.

The Committee notes the information in the Government’s report to the CRC in connection with the OPSC of April 2008 that there are instances of cross-border child trafficking for, inter alia, the purpose of begging (CRC/C/OPSC/NPL/1, paragraph 71). In this regard, the Committee recalls that the use, procuring or offering of children for illicit activities, including begging, constitutes one of the worst forms of child labour and should therefore be prohibited for all children under 18 years of age. The Committee requests the Government to take the necessary measures, in the near future, to ensure that the Begging (Prohibition) Act is amended to prohibit the use, procuring or offering of all persons under 18 years of age.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. In this regard, the Committee noted the Government’s statement that the age of a “child” as mentioned in the above legislation needed to be raised to 18 years in order to make it consistent with the provisions of this Convention. It also noted the Government’s indication that appropriate amendments would be made to the national legislation after the elected constitutional assembly was formed.

The Committee notes the Government’s reference to the interim Constitution of 2007, article 22(5) of which prohibits employing a minor in factories, mines or in any other such hazardous work, but observes that the term “minor” is not defined in this legislation. Moreover, the Committee notes an absence of information in the Government’s report on any measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to take the necessary measures, in the very near future, to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures, after consultation with the organizations of employers and workers concerned, to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

Articles 5 and 7. Monitoring mechanisms and penalties. 1. Trafficking. The Committee previously noted that, pursuant to the provisions of the Human Trafficking and Transportation (Control) Act, 2007, any person guilty of the trafficking of children within or outside of the country shall be liable to penalties of fines and imprisonment. The Committee requested the Government to provide information on the application of the Human Trafficking and Transportation (Control) Act, 2007 in practice, including the application of penal sanctions.

The Committee notes the statement in the Government’s report that, as Nepal is one of the poorest countries in South Asia, and as it has an open border with India, some types of human trafficking have flourished. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 August 2011, expressed concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). Moreover, the Committee notes the Government’s statement, in its report to the CRC for the OPSC of April 2008, that despite widely varied data on cross-border and in-country sale and trafficking of children (and women), the magnitude of the problem is high (CRC/C/OPSC/NPL/1, paragraph 68). The Committee therefore urges the Government to take immediate measures to strengthen its efforts to combat the trafficking of children under 18 years of age. It requests the Government to provide information on the number of cases of trafficking in children detected and investigated, as well as statistics on the number of prosecutions, convictions and penalties applied to perpetrators. To the extent possible, all information provided should be disaggregated by sex and by age.

2. Labour inspectorate. The Committee previously noted the Government’s statement that child labour in the organized sector is very rare. It also noted the Government’s indication that, according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour had been registered from 59 districts. The Committee requested the Government to provide information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years.

The Committee notes the information contained in a report by the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Nepal of 1 and 3 February 2012 entitled “Internationally recognized core labour standards in Nepal” that child labour and forced child labour are found in brick kilns, quarries and the textile industry. This ITUC report states that children are found performing mainly in informal economic activity in quarries and mines, domestic servitude, agriculture and portering. This ITUC report further indicates that children work in cramped places for long hours, night shifts, deal with chemicals and pesticides, operate dangerous machinery and carry heavy loads.

The Committee also notes the information in the Government’s report that 1,200 inspections by factory inspectors were carried out between 2009 and 2011. The Government indicates that no child labour was found in the formal sector through these inspections. The Committee further notes the Government’s statement that the practices of the worst forms of child labour in domestic work, in mines, in the carpet industry and in rag picking remain a matter of great concern for the Government. The Committee therefore urges the Government to intensify its efforts, including through strengthening the capacity and expanding the reach of the labour inspectorate, to combat the worst forms of child labour in the informal sector. It also requests the Government to provide any data collected by the CCWC regarding the number of cases registered related to the worst forms of child labour with its next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had noted the Government’s information that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 which stipulates that a recruit may be 15 to 18 years of age shall be reviewed. The Committee had noted however that the forced recruitment of child combatants by Maoists was a matter of great concern to the Government and the public at large. The Committee had also noted the Government’s information that according to article 22(5) of the Interim Constitution of Nepal, 2007, children shall not be used in the army, police or in conflicts. Moreover, section 7.6.1 of the Comprehensive Peace Accord 2006 concluded between the Government of Nepal and the Communist Party of Nepal (Maoist) provided special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. The Committee had further noted that the UN Mission in Nepal (UNMIN) had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. It had finally noted the Government’s information that it had ratified the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2006. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 will be amended as soon as possible to prohibit the forced recruitment of children under 18 years for use in armed conflict. It requests the Government to provide information on any new developments in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted sections 4(3) and 4(4) of the Trafficking in Persons (Prohibition) Act, according to which forcing a woman by coercion or false promises to engage in prostitution and assisting, encouraging or facilitating any person into prostitution, constitute a criminal offence. It had also noted sections 2(a) and 16(1) of the Children’s Act, 1992, which prohibit the use or involvement of children under 16 years in an “immoral profession”. It had noted, however, the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly is formed and a fully fledged parliament starts to function. The Committee notes with interest that, according to section 4(1) read in conjunction with section 15(1) of the Human Trafficking and Transportation (Control) Act No. 5 of 2007, any person who uses, forces or involves another person in prostitution shall be punished. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. The Committee expresses the hope that the amendments to the Children’s Act will include a prohibition on the use, procuring or offering of both boys and girls under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee had previously noted that according to sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee had also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope that as part of the legislative amendments, measures will be taken to expressly prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention. It requests the Government to provide information on the progress made in this regard.

Use of a child for begging. The Committee had previously noted section 3 of the Begging (Prohibition) Act, 1962, which makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. It had encouraged the Government to raise the age of a child from 16 to 18 years under that provision. The Committee had further noted the Government’s information that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that appropriate amendments will be made to the Begging (Prohibition) Act of 1962.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of types of hazardous work. The Committee had previously noted sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act which prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. The Committee had noted the Government’s statement that the age of a “child” as mentioned in the above legislation needs to be raised to 18 years in order to make it consistent with the provisions of this Convention. It had also noted the Government’s information that appropriate amendments would be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee notes the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993. However, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3, paragraph 2, of the Convention. It requests the Government to provide information on the progress made in this regard.

Self-employed children. The Committee had previously noted that self employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. It had noted the Government’s statement that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized five workshops as a means to strengthen the capacity of labour officers and factory inspectors to consider seriously the worst forms of child labour, including in the informal sector. The Committee had also noted the Government’s information that with the support of ILO–IPEC, three national-level trade union federations are trying to extend their work against child labour in the informal sector by unionizing the agricultural sector.

The Committee notes the Government’s statement in its report under Convention No. 138 that though the labour inspections shows a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. The Committee requests the Government to take immediate and effective measures to ensure that self employed children under 18 years of age are protected against the types of work, which by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s statement that according to the labour inspection report of 2007–08 and 2008–09, the figures of child labour in the organized sector is very rare. It also notes the information provided by the Government in its report under Convention No. 138 that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years. It also requests the Government to indicate how many of the cases registered by the CCWC related to trafficking in children, child sexual commercial exploitation, illicit activities and hazardous work.

Police. The Committee had previously noted the Government’s indication that the Nepalese police had established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests the Government to provide information on the number of investigations carried out by the police and the findings with regard to the trafficking of children, and the number of violations detected under the new Trafficking (Control) Act, 2007.

Article 6. Programmes of action. National Master Plan on Child Labour. The Committee had previously noted the Government’s information that it had approved a National Master Plan on Child Labour (2004–14) which aimed at eliminating all forms of child labour by 2014. The Committee notes the Government’s statement that the National Master Plan on Child Labour focuses on nine areas of strategic interventions, as follows: policy and institutional development; education and health; advocacy; networking and social mobilization; legislation and enforcement; income and employment generation; prevention and protection; rehabilitation; research and study. The National Plan also anticipates the active participation of all stakeholders including local government agencies, INGOs, NGOs and larger civil society in combating the worst forms of child labour. The Committee requests the Government to provide information on the impact of the measures taken under the National Master Plan on Child Labour to prevent, protect and rehabilitate children involved in the worst forms of child labour. It also requests the Government to indicate the number of children withdrawn and rehabilitated pursuant to this National Plan.

Poverty Reduction Strategy Paper and its Tenth Development Plan. The Committee had previously noted the Government’s information that the Tenth Development Plan of the Poverty Reduction Strategy Paper incorporated the elimination of the worst forms of child labour by the year 2007 as its strategic objective. It had also noted that this plan adopted policies to provide employment opportunities to the members of child labour prone families in the informal sector, giving special emphasis to providing educational and rehabilitation services to child labourers. The Committee notes the Government’s indication that the Ministry of Labour and Transport Management has conducted massive awareness-raising programmes against child labour through the electronic media, radio, television and printing media. It has further implemented five programmes on skill development, awareness-raising, self-employment and income generation programmes focused on guardians of children who were employed from which 250 guardians benefited. The Committee requests the Government to continue providing information on the implementation of the policies in relation to the elimination of the worst forms of child labour adopted under the Tenth Development Plan and the Poverty Reduction Strategy Paper, and the results achieved.

Project for the elimination of bonded labour. The Committee had previously noted the General Federation of Nepalese Trade Union’s (GEFONT) statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It had noted the Government’s information that the ILO–IPEC project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee had further noted the Government’s statement that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers.

The Committee notes with interest the information in the Government’s report that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. It also notes the Government’s statement that as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee requests the Government to continue providing information on the number of child bonded labourers withdrawn and rehabilitated under the ILO–IPEC project and under the programmes implemented by the Ministry of Labour and Transport Management.

Article 7(1). Penalties. The Committee had previously noted that, by virtue of section 4 of the Human Trafficking and Transportation (Control) Act, 2007, any person guilty of the offences related to the trafficking of persons outside the country for sale or prostitution shall be liable to a fine of RS50,000–100,000 and to imprisonment for ten to 15 years. The penalties for the above offence committed in respect of a child shall be a fine of RS100,000–200,000 and imprisonment for the above duration. This section further provides that any person involved in the trafficking of children within the country is liable for a fine of rs100,000 and with imprisonment for ten to 12 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application of these penal sanctions in practice.

Article 7(2). Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted the Government’s statement that the “Education for All” (EFA) programme was being effectively implemented in several districts to ensure that all children of school-going age receive education. It had also noted that the Government had taken several initiatives such as tuition-free primary education, provision for free books, scholarships, cooking oil and mid-day meals to enhance school enrolment and retention rates. Following its previous comments, the Committee notes with interest the Government’s statement that in 2008, the net enrolment at primary level has increased from 89 per cent to 91.1 per cent. It also notes the Government’s information that community and school-based preliminary child development programmes for children of backward communities are being conducted under the EFA programme. A total of 20,023 child development centres have been established in 2008/2009. As per the target to provide scholarship to 50 per cent of the underprivileged and financially weak primary school-going girl students totalling 612,867 in 2007–08, a total of 607,401 girl students received scholarships. The Committee requests the Government to continue to provide updated statistical information on the primary school attendance and drop-out rates. It also requests the Government to continue its efforts to improve access to education of children from backward communities and girl students. It requests the Government to provide information on the results achieved.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously noted that a Time-bound Programme (TBP) was launched in 2002 to eliminate the worst forms of child labour in seven selected sectors such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It had also noted with interest that the Government of Nepal and the ILO–IPEC had signed a Memorandum of Understanding on 3 May 2007 to continue the TBP for another five years. The Committee notes the Government’s indication that that this TBP has benefitted about 60,000 children engaged in child labour in the abovementioned seven sectors and 25,000 families as direct beneficiaries in 32 out of 75 districts in Nepal. The Committee requests the Government to continue providing information on the implementation of the TBP and to indicate the number of children who have been effectively withdrawn from the worst forms of child labour in the seven sectors mentioned above and reintegrated into basic education or vocational training.

Clause (d). Identifying and reaching out to children at special risk. The Committee had previously noted the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour had increased. It had also noted the Government’s information that internal conflict in the country had led to an increasing number of parentless or single parent children and that the consequent displacement of families has made more children vulnerable to hazardous work. The Committee notes the Government’s information that a programme entitled “Education Campaign on Building New Nepal” has been implemented by setting different programmes like separate schools for martyrs’ children, national literacy campaigns and secondary education. The Committee requests the Government to provide information on the number of children in difficult situations who have been prevented or withdrawn from the worst forms of child labour and reintegrated into basic education through the Education Campaign on Building New Nepal programme.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had noted the Government’s information that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 which stipulates that a recruit may be 15 to 18 years of age shall be reviewed. The Committee had noted however that the forced recruitment of child combatants by Maoists was a matter of great concern to the Government and the public at large. The Committee had also noted the Government’s information that according to article 22(5) of the Interim Constitution of Nepal, 2007, children shall not be used in the army, police or in conflicts. Moreover, section 7.6.1 of the Comprehensive Peace Accord 2006 concluded between the Government of Nepal and the Communist Party of Nepal (Maoist) provided special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. The Committee had further noted that the UN Mission in Nepal (UNMIN) had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. It had finally noted the Government’s information that it had ratified the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2006. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 will be amended as soon as possible to prohibit the forced recruitment of children under 18 years for use in armed conflict. It requests the Government to provide information on any new developments in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted sections 4(3) and 4(4) of the Trafficking in Persons (Prohibition) Act, according to which forcing a woman by coercion or false promises to engage in prostitution and assisting, encouraging or facilitating any person into prostitution, constitute a criminal offence. It had also noted sections 2(a) and 16(1) of the Children’s Act, 1992, which prohibit the use or involvement of children under 16 years in an “immoral profession”. It had noted, however, the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly is formed and a fully fledged parliament starts to function. The Committee notes with interest that, according to section 4(1) read in conjunction with section 15(1) of the Human Trafficking and Transportation (Control) Act No. 5 of 2007, any person who uses, forces or involves another person in prostitution shall be punished. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. The Committee expresses the hope that the amendments to the Children’s Act will include a prohibition on the use, procuring or offering of both boys and girls under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee had previously noted that according to sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee had also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope that as part of the legislative amendments, measures will be taken to expressly prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention. It requests the Government to provide information on the progress made in this regard.

2. Use of a child for begging. The Committee had previously noted section 3 of the Begging (Prohibition) Act, 1962, which makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. It had encouraged the Government to raise the age of a child from 16 to 18 years under that provision. The Committee had further noted the Government’s information that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that appropriate amendments will be made to the Begging (Prohibition) Act of 1962.

Article 3, clause (d), and Article 4, paragraph 1. 1. Hazardous work and determination of types of hazardous work. The Committee had previously noted sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act which prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. The Committee had noted the Government’s statement that the age of a “child” as mentioned in the above legislation needs to be raised to 18 years in order to make it consistent with the provisions of this Convention. It had also noted the Government’s information that appropriate amendments would be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee notes the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993. However, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3, paragraph 2, of the Convention. It requests the Government to provide information on the progress made in this regard.

2. Self-employed children. The Committee had previously noted that self-employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. It had noted the Government’s statement that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized five workshops as a means to strengthen the capacity of labour officers and factory inspectors to consider seriously the worst forms of child labour, including in the informal sector. The Committee had also noted the Government’s information that with the support of ILO–IPEC, three national-level trade union federations are trying to extend their work against child labour in the informal sector by unionizing the agricultural sector.

The Committee notes the Government’s statement in its report under Convention No. 138 that though the labour inspections shows a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. The Committee requests the Government to take immediate and effective measures to ensure that self‑employed children under 18 years of age are protected against the types of work, which by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s statement that according to the labour inspection report of 2007–08 and 2008–09, the figures of child labour in the organized sector is very rare. It also notes the information provided by the Government in its report under Convention No. 138 that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years. It also requests the Government to indicate how many of the cases registered by the CCWC related to trafficking in children, child sexual commercial exploitation, illicit activities and hazardous work.

2. Police. The Committee had previously noted the Government’s indication that the Nepalese police had established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests the Government to provide information on the number of investigations carried out by the police and the findings with regard to the trafficking of children, and the number of violations detected under the new Trafficking (Control) Act, 2007.

Article 6. Programmes of action. 1. National Master Plan on Child Labour. The Committee had previously noted the Government’s information that it had approved a National Master Plan on Child Labour (2004–14) which aimed at eliminating all forms of child labour by 2014. The Committee notes the Government’s statement that the National Master Plan on Child Labour focuses on nine areas of strategic interventions, as follows: policy and institutional development; education and health; advocacy; networking and social mobilization; legislation and enforcement; income and employment generation; prevention and protection; rehabilitation; research and study. The National Plan also anticipates the active participation of all stakeholders including local government agencies, INGOs, NGOs and larger civil society in combating the worst forms of child labour. The Committee requests the Government to provide information on the impact of the measures taken under the National Master Plan on Child Labour to prevent, protect and rehabilitate children involved in the worst forms of child labour. It also requests the Government to indicate the number of children withdrawn and rehabilitated pursuant to this National Plan.

2. Poverty Reduction Strategy Paper and its Tenth Development Plan. The Committee had previously noted the Government’s information that the Tenth Development Plan of the Poverty Reduction Strategy Paper incorporated the elimination of the worst forms of child labour by the year 2007 as its strategic objective. It had also noted that this plan adopted policies to provide employment opportunities to the members of child labour prone families in the informal sector, giving special emphasis to providing educational and rehabilitation services to child labourers. The Committee notes the Government’s indication that the Ministry of Labour and Transport Management has conducted massive awareness-raising programmes against child labour through the electronic media, radio, television and printing media. It has further implemented five programmes on skill development, awareness-raising, self-employment and income generation programmes focused on guardians of children who were employed from which 250 guardians benefited. The Committee requests the Government to continue providing information on the implementation of the policies in relation to the elimination of the worst forms of child labour adopted under the Tenth Development Plan and the Poverty Reduction Strategy Paper, and the results achieved.

3. Project for the elimination of bonded labour. The Committee had previously noted the General Federation of Nepalese Trade Union’s (GEFONT) statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It had noted the Government’s information that the ILO–IPEC project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee had further noted the Government’s statement that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers.

The Committee notes with interest the information in the Government’s report that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. It also notes the Government’s statement that as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee requests the Government to continue providing information on the number of child bonded labourers withdrawn and rehabilitated under the ILO–IPEC project and under the programmes implemented by the Ministry of Labour and Transport Management.

Article 7, paragraph 1. Penalties. The Committee had previously noted that, by virtue of section 4 of the Human Trafficking and Transportation (Control) Act, 2007, any person guilty of the offences related to the trafficking of persons outside the country for sale or prostitution shall be liable to a fine of
rs50,000–100,000 and to imprisonment for ten to 15 years. The penalties for the above offence committed in respect of a child shall be a fine of
rs100,000–200,000 and imprisonment for the above duration. This section further provides that any person involved in the trafficking of children within the country is liable for a fine of rs100,000 and with imprisonment for ten to 12 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted the Government’s statement that the “Education for All” (EFA) programme was being effectively implemented in several districts to ensure that all children of school-going age receive education. It had also noted that the Government had taken several initiatives such as tuition-free primary education, provision for free books, scholarships, cooking oil and mid-day meals to enhance school enrolment and retention rates. Following its previous comments, the Committee notes with interest the Government’s statement that in 2008, the net enrolment at primary level has increased from 89 per cent to 91.1 per cent. It also notes the Government’s information that community and school-based preliminary child development programmes for children of backward communities are being conducted under the EFA programme. A total of 20,023 child development centres have been established in 2008/2009. As per the target to provide scholarship to 50 per cent of the underprivileged and financially weak primary school-going girl students totalling 612,867 in 2007–08, a total of 607,401 girl students received scholarships. The Committee requests the Government to continue to provide updated statistical information on the primary school attendance and drop-out rates. It also requests the Government to continue its efforts to improve access to education of children from backward communities and girl students. It requests the Government to provide information on the results achieved.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously noted that a Time-bound Programme (TBP) was launched in 2002 to eliminate the worst forms of child labour in seven selected sectors such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It had also noted with interest that the Government of Nepal and the ILO–IPEC had signed a Memorandum of Understanding on 3 May 2007 to continue the TBP for another five years. The Committee notes the Government’s indication that that this TBP has benefitted about 60,000 children engaged in child labour in the abovementioned seven sectors and 25,000 families as direct beneficiaries in 32 out of 75 districts in Nepal. The Committee requests the Government to continue providing information on the implementation of the TBP and to indicate the number of children who have been effectively withdrawn from the worst forms of child labour in the seven sectors mentioned above and reintegrated into basic education or vocational training.

Clause (d). Identifying and reaching out to children at special risk. The Committee had previously noted the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour had increased. It had also noted the Government’s information that internal conflict in the country had led to an increasing number of parentless or single parent children and that the consequent displacement of families has made more children vulnerable to hazardous work. The Committee notes the Government’s information that a programme entitled “Education Campaign on Building New Nepal” has been implemented by setting different programmes like separate schools for martyrs’ children, national literacy campaigns and secondary education. The Committee requests the Government to provide information on the number of children in difficult situations who have been prevented or withdrawn from the worst forms of child labour and reintegrated into basic education through the Education Campaign on Building New Nepal programme.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report as well as the observations of the General Federation of Nepalese Trade Unions (GEFONT) in a communication dated 11 September 2007. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the adoption of the Human Trafficking (Control) Act, 2007, which now prohibits the sale and trafficking of children under 18 years for labour and sexual exploitation. The Committee requests the Government to supply a copy of the Human Trafficking (Control) Act, 2007.

2. Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had also noted the Government’s information that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 which stipulates that a recruit may be 15 to 18 years of age shall be reviewed. The Committee had noted however that the forced recruitment of child combatants by Maoists is a matter of great concern to the Government and the public at large, and therefore, requested the Government to advise it of the measures to prohibit the use of children in armed conflict. The Committee notes the Government’s information that according to article 22(5) of the Interim Constitution of Nepal, 2007, children shall not be used in the army, police or in conflicts. It also notes that section 7.6.1 of the Comprehensive Peace Accord 2006 concluded between the Government of Nepal and the Communist Party of Nepal (Maoist) provides special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. It further notes that the UN Mission in Nepal (UNMIN) has started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. The Committee finally notes the Government’s information that it has ratified the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2006. The Committee hopes that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 will be amended as soon as possible to prohibit the forced recruitment of children under 18 years for use in armed conflict. It requests the Government to provide information on any new developments in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted sections 4(3) and 4(4) of the Trafficking in Persons (Prohibition) Act, according to which forcing a woman by coercion or false promises to engage in prostitution and assisting, encouraging or facilitating any person into prostitution, constitutes a criminal offence. It had also noted sections 2(a) and 16(1) of the Children’s Act, 1992, which prohibit the use or involvement of children under 16 years in an “immoral profession”. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes, however, the Government’s indication that appropriate amendments will be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly is formed and a fully fledged parliament starts to function. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. It also requests the Government to ensure that the amendments to the Trafficking in Persons Act and the Children’s Act will prohibit the use, procuring or offering of both girls and boys under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee had previously noted that according to section 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee notes the Government’s information that the Children’s Act will be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. The Committee hopes that as part of the legislative amendments, measures will be taken to expressly prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention. It requests the Government to provide information on the progress made in this regard.

2. Use of a child for begging. The Committee had previously noted section 3 of the Begging (Prohibition) Act 1962 which makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. It had encouraged the Government to raise the age of a child from 16 to 18 years under that provision. The Committee notes the Government’s information that the Begging (Prohibition) Act of 1962 will be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function. The Committee hopes that appropriate amendments will be made to the Begging (Prohibition) Act of 1962.

Article 3, clause (d), and Article 4, paragraph 1. 1. Hazardous work. The Committee had previously noted sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act which prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. Noting the serious political crisis in the country, the Committee had expressed its hope that the Government would soon be in a position to take the necessary measures to ensure that the employment of children under 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals is prohibited. The Committee notes the Government’s statement that the age of a “child” as mentioned in the above legislation needs to be raised to 18 years in order to make it consistent with the provisions of this Convention. It further notes the Government’s information that appropriate amendments will be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee hopes that the amendments to the Child Labour (Prohibition and Regulation) Act will be adopted promptly so as to bring it into conformity with the provisions of Article 3(d) of the Convention, and requests the Government to provide information on the progress made in this regard.

2. Self-employed children. The Committee had previously noted that self‑employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. It had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years from hazardous work. The Committee notes the Government’s information that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized five workshops as a means to strengthen the capacity of labour officers and factory inspectors to consider seriously the worst forms of child labour, including in the informal sector. It also notes the Government’s information that with the support of ILO/IPEC, three national-level trade union federations are trying to extend their work against child labour in the informal sector by unionizing the agricultural sector. The Committee requests the Government to indicate whether these measures have resulted in protecting self-employed children under 18 years from engaging in hazardous work.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the measures taken by the Government to strengthen the capacity of labour officers and factory inspectors to seriously deal with the worst forms of child labour, including in the informal sector and the attempt by the three national-level trade union federations with the support of ILO/IPEC, to extend their work against child labour in the informal sector by unionizing the agricultural sector. It also notes that the Government constituted vigilance committees in the eight districts of the country on a pilot basis. It further notes the Government’s indication that in 2005–06, labour inspectors inspected 781 factories and the results indicate that the number of child labourers in the organized sector is 0.37 per cent. The Committee takes note of the Government’s information and requests the Government to continue providing information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Police. The Committee notes the Government’s indication that the Nepalese police has established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests the Government to provide information on the number of investigations carried out by the police and the findings with regard to the trafficking of children, and the number of violations detected under the new Trafficking (Control) Act, 2007.

Article 6. Programmes of action. 1. National Master Plan on Child Labour. The Committee notes the Government’s information that it has approved a National Master Plan on Child Labour (2004–14) which aims at eliminating all forms of child labour by 2014. It notes that the social partners and NGOs are working closely with the Government and ILO/IPEC in their efforts to eliminate child labour and running their own programmes to achieve this. The Committee notes that the previous year, a radio programme was conducted to increase awareness and sensitization regarding the worst forms of child labour. Various skill-development and self-employment training were conducted with the aim to improve the financial conditions of the families who are obliged to send their children to work. The Committee notes the Government’s information that about 215 people benefited from these programmes. It also notes that the Federation of Nepalese Chamber of Commerce and Industries adopted a code of conduct against child labour. It further notes that the Government of Nepal and ILO/IPEC are trying to seek the support of local government bodies to adopt and implement the mission started by the Kathmandu Metropolitan City to make it a child labour free area. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the National Master Plan on Child Labour to eliminate the worst forms of child labour, and the results achieved.

2. Poverty Reduction Strategy Paper and its Tenth Development Plan. The Committee notes the Government’s information that the Tenth Development Plan of the Poverty Reduction Strategy Paper incorporated the elimination of the worst forms of child labour by the year 2007 as its strategic objective. The plan has also adopted policies to provide employment opportunities to the members of child labour prone families in the informal sector. It also gives special emphasis to providing educational and rehabilitation services to child labourers. The Committee requests the Government to provide further information on the implementation of the policies in relation to the elimination of the worst forms of child labour adopted under the Tenth Development Plan and the Poverty Reduction Strategy Paper, and the results achieved.

3. Project for the elimination of bonded labour. The Committee notes the GEFONT’s statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It notes the Government’s information that the three-year project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 with the assistance of ILO/IPEC targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. It also notes that this project was further extended for additional freed kamaiyas, Haruwa/Charuwa families and their children with more focus on child bonded labour. This extended project which consists of seven specific projects and 150 action programmes concerning different sectors of child labour, is being implemented in eight Terai districts of the central and eastern regions. The Committee further notes the Government’s information that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers. The Committee requests the Government to provide information on the impact of the project on the elimination of child bonded labour and to indicate the number of child bonded labourers withdrawn and rehabilitated under this project.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information that by virtue of section 4 of the Human Trafficking (Control) Act, 2007, any person guilty of the offences related to the trafficking of persons outside the country for sale or prostitution shall be liable to a fine of
rs.50,000–100,000 and to imprisonment for ten to 15 years. The penalties for the above offence committed in respect of a child shall be a fine of
rs.100,000–200,000 and imprisonment for the above duration. This section further provides that any person involved in the trafficking of children within the country is liable for a fine of rs.100,000 and with imprisonment for ten to 12 years. The Committee requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Time-bound measures. The Committee had previously noted that a Time-bound Programme (TBP) was launched in 2002 to eliminate the worst forms of child labour in seven selected sectors such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It notes with interest that the Government of Nepal and the ILO/IPEC signed a Memorandum of Understanding on 3 May 2007 to continue the TBP for another five years.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee notes the Government’s information that it is committed to achieving universal primary education by the year 2015. The Government’s “Education for All” (EFA) programme is currently running in several districts to ensure that all children of school-going age receive education. The Government has taken several initiatives such as tuition-free primary education, provision for free books, scholarships, cooking oil and mid-day meals to enhance school enrolment and retention rates. Since the inception of the EFA programme, the net enrolment rate in primary education has reached 84 per cent. Moreover, the proportion of students that start at grade 1 and reach grade 5 is 76 per cent, and the literacy rate of persons of 15 to 25 years of age is 73 per cent. Within the framework of the EFA programme, the Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on the primary school attendance and drop-out rates.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes the Government’s information that according to several studies carried out in different sectors, the number of child labourers found in the domestic sector was 55,655; portering sector, 46,029; and child bonded labourers, 17,152. The number of children trafficked every year for sexual and labour exploitation is estimated to be between 5,000 to 12,000; and the number of children engaged in the carpet sector was estimated to be 4,227. The Committee notes with interest the Government’s information that the TBP aims to target a total of 127,000 child labourers during its seven years’ duration. It notes that the TBP has so far been successful in withdrawing 16,966 children (46 per cent boys and 54 per cent girls) from the seven targeted sectors of the worst forms of child labour (such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking) and prevented 10,715 children from engaging in the worst forms of child labour. According to the ILO/IPEC Progress Report 2006 on the TBP in Nepal, the total number of children withdrawn from the worst forms of child labour included: 1,373 children from mines and quarries, 1,103 children from the sector of trafficking in children (TICSA-TBP, Nepal), 1,438 children from the sector of rag picking, 2,310 from the child porter sector, 8,884 children from the domestic sector, 1,090 children from carpet weaving, and 350 children from child bonded labour. The project had provided direct services to 15,458 families of children engaged in the worst forms of child labour. The Committee requests the Government to continue providing information on the implementation of the TBP and to indicate the number of children who have been effectively withdrawn from the worst forms of child labour in the seven sectors mentioned above and reintegrated into basic education or vocational training.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that under the TBP, 8,737 children have benefited from formal or non-formal education, 1,474 children from vocational training or apprenticeship and 11,196 children were provided with secondary services resulting in withdrawal or prevention. The Committee encourages the Government to pursue its efforts to ensure access to free basic education, and wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour has increased. The Committee also notes the Government’s information that internal conflict in the country has led to an increasing number of parentless or single parent children and that the consequent displacement of families has made more children vulnerable to hazardous work. The Committee requests the Government to provide information on the measures taken or envisaged to address the situation of parentless children, single parent children and displaced children as a result of the internal conflict in the country, and the measures taken to protect them from the worst forms of child labour.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that, by virtue of sections 3 and 4 of the Trafficking in Persons (Prohibition) Act of 1986, the sale of a person for any purpose and the trafficking of a person to a foreign country for the purpose of selling that person are prohibited. The Committee observes however that, according to information available at the Office, the Human Trafficking (Control) Bill was adopted in 2000 but is not yet in force. The Committee requests the Government to keep it informed of progress made in adopting the Human Trafficking (Control) Bill which it trusts will prohibit the sale and trafficking of children under 18 for labour and sexual exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee observes that article 20(1) of the Constitution of 1990 prohibits trafficking in human beings, slavery, serfdom and forced labour in any form. Article 20(1) of the Constitution also provides that any contravention to this article is punishable by law. The Committee notes the Government’s indication to the Human Rights Committee (CCPR/C/74/Add.2, 18 May 1994, paragraph 19) that the Chapter of the Muluki Ain (General Law in Nepal) related to the trafficking of persons prohibits slavery and serfdom. It also notes that sections 2(a) and 4 of the Child Labour (Prohibition and Regulation) Act of 2000 (which entered into force on 16 November 2004) provide that a person shall not employ children against their will. Section 13 of the Citizens Rights Act of 1955 also prohibits forced labour. Section 4 of the Kamaiya Labour (Prohibition) Act of 2002 prohibits debt bondage. The Committee asks the Government to supply a copy of the relevant legal provisions of the Muluki Ain.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.34, 10 May 1995, paragraphs 329-332), the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 for recruitment in the army. The Government adds that, according to the Young Boys (Recruitment and Conditions of Services) Rules of 1971, a recruit may be 15-18 years of age. The Government also indicates (CRC/C/65/Add.30, 3 December 2004, paragraphs 301-313) that there are reports of Maoists using children and youth in their movement, although detailed information about their number is not available. The Committee notes that the forced recruitment of child combatants by Maoists is a matter of great concern to the Government and the public at large. It also notes that the Ministry intends to take the necessary measures to review the Youth Recruitment Act, 1971, and to prohibit the use of children in armed conflicts. The Committee accordingly requests the Government to advise it of the measures to review the Act and to prohibit the use of children in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 4(3) of the Trafficking in Persons (Prohibition) Act, whoever forces a woman, by means of coercion or false promises, to engage in prostitution commits an offence. It is also an offence to assist, facilitate or encourage a person into prostitution (section 4(4)). The Committee also notes that sections 2(a) and 16(1) of the Children’s Act, 1992, prohibit the involvement or use of a child under 16 years in an "immoral profession". The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution or for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour. The Committee accordingly asks the Government to provide a definition of the term "immoral profession" and to take the necessary measures to ensure that it is prohibited to use, procure or offer both males and females under 18 for prostitution and for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that, by virtue of sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 for illicit activities, in particular the production and trafficking of drugs, is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 for the production and trafficking of drugs is prohibited under national legislation.

2. Use of a child for begging. The Committee notes that, by virtue of section 3 of the Begging (Prohibition) Act, 1962, it is an offence to ask or encourage a child under 16 to beg in a street, junction or any other places. The Committee encourages the Government to raise the age to 18 years.

Article 3, clause (d), and Article 4, paragraph 1. 1. Hazardous work. The Committee observes that article 20(2) of the Constitution provides that a minor shall not be employed in any factory or mine, or in any other hazardous work. It also notes that sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act prohibit the employment of children under 16 years of age in hazardous work or enterprises listed in the schedule which includes hotels, casinos, restaurants, bidi manufacturing, the carpet weaving industry, construction industry, drawing rickshaws or pushcarts, and undertaking underground or underwater work. Section 43(1) and (2) of the Labour Rules of 1993 also provides for a detailed list of hazardous machines and operations that shall not be performed by child workers under 16 years of age. Section 39 of the Labour Rules provides that males under 19 shall not lift, carry or move any load of more than 25  kg (20 kg for females under 18). The Committee further notes the Government’s indication that it is fully aware that national legislation is not in line with the Convention. Noting that the Government faces a serious political crisis, the Committee nevertheless hopes that the Government will soon be in a position to take the necessary measures to ensure that the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, is prohibited in conformity with the Convention.

2. Self-employed children. The Committee notes that, by virtue of section 3 of the Child Labour (Prohibition and Regulation) Act, it is prohibited to employ children in hazardous work as listed in the schedule. It consequently notes that self-employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that the labour inspectors shall inspect establishments where children are employed (section 15 of the Child Labour (Prohibition and Regulation) Act). It also notes the Government’s indication that 500 factories were inspected in 2003-04 and 565 factories were inspected in 2004-05; the number of infringements concerning the provisions giving effect to the Convention was very low. According to the Government, the low number of infringements does not mean that there are no infringements but rather that they go unnoticed or unreported. Indeed, according to the ILO/IPEC rapid assessment on child porters (November 2001, pages xiii-xv, and 24), the majority of the 42,000 long-distance porters carry loads that are over the legal limit of 25 kg fixed by section 39 of the Labour Rules mainly because enforcement is poor to non-existent.

The Committee notes the Government’s indication that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized, with the assistance of ILO/IPEC, workshops to improve the labour officers’ capacity to consider seriously the worst forms of child labour. It adds that discussions are under way to establish a mechanism to extend labour inspections to the informal sector. The Committee accordingly asks the Government to provide information on the concrete measures taken to strengthen the labour inspectors’ capacity to eliminate the worst forms of child labour, including in the informal sector, and the results achieved. It also asks the Government to continue to provide information on the number of workplaces investigated per year and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Police. The Committee notes the Government’s indication that a department was established within the police to combat the trafficking in persons. The Committee asks the Government to provide information on the number of investigations carried out by the police and the findings with regard to the trafficking of children as well as other worst forms of child labour prohibited by national penal provisions.

3. National Steering Committee and the Central Child Welfare Committee. The Committee notes the Government’s indication that a National Steering Committee has been established to discuss and endorse programmes on child labour. The National Steering Committee consists of the Secretary of the Ministry of Labour and Transport Management, other representatives of relevant ministries, representatives of the organizations of workers and employers, and non-governmental organizations. The Committee further observes that a Central Child Welfare Committee has been established under the Ministry of Women, Children and Social Welfare to implement the National Plan of Action on Human Rights which deals with the worst forms of child labour. The Committee accordingly asks the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding with ILO/IPEC. The Committee notes that the Government signed a Memorandum of Understanding (MOU) with ILO/IPEC in 1995 to eliminate the worst forms of child labour. According to the ILO/IPEC country profile, to date, over 100 action programmes and mini-programmes have been carried out in the following four areas: (i) formulation of appropriate policies and programmes by governmental and non-governmental organizations; (ii) launching of programmes of direct intervention with child workers; (iii) awareness raising and community mobilization; and (iv) legislation and enforcement. To implement these projects, ILO/IPEC collaborates with various partners, including the Government, organizations of workers and employers, educational institutions and non-governmental organizations.

The Committee notes the Government’s indication that it launched a National Master Plan on Child Labour which aims at eliminating the worst forms of child labour by 2009. The plan focuses on the following nine strategic areas of interventions: policy and institutional development; education and health; advocacy; social mobilization; legislation and enforcement; income and employment generation; prevention; protection; rehabilitation; and research. The Government adds that most of the plan document was prepared in collaboration with the social partners. The Committee asks the Government to continue to provide information on any developments in this regard.

2. TICSA project on combating child trafficking for sexual and labour exploitation. The Committee notes that, according to a survey conducted by ILO/IPEC (Trafficking in girls with special reference to prostitution: A rapid assessment, 2002, page 1), approximately 12,000 girls are trafficked out of Nepal for sexual exploitation each year. It also notes that the TICSA project report (ILO/IPEC, September 2002, pages 13 and 17), reveals that 100,000 to 200,000 Nepalese women and girls are working in brothels in India, of which approximately 25 per cent are below 18 years of age. The TICSA project report also reveals that there are indications of widespread trafficking of boys, both internally and cross-border.

The Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended to Pakistan, Indonesia and Thailand in 2003. TICSA focuses, in Nepal, on the trafficking of children for domestic services, for commercial sexual exploitation, for organized street begging and for their use in armed conflicts. The Government has established a National Plan of Action against the Trafficking of Children for Commercial Sexual Exploitation in 1999, which was reviewed in 2001 in light of TICSA. The Committee also notes that, according to the TICSA Technical Progress Report of March 2004, the Nepal component has been affected by the deterioration of the conflict situation, which partly aggravated the trafficking of women and children. Despite the situation, TICSA Nepal provided non-formal education and support towards income-generating activities to 450 girls. The Committee asks the Government to provide information on the impact of TICSA Nepal on combating child trafficking for labour and sexual exploitation and on the results achieved.

3. Project on the elimination of the worst forms of child labour. The Committee notes that the Ministry of Women, Children and Social Welfare launched in April 2004 a programme entitled "Towards the elimination of the worst forms of child labour in Nepal", which aims at reactivating the documentation and information centre, and developing the policy and programme frameworks to reduce the worst forms of child labour. The Committee asks the Government to provide information on the concrete measures taken under the project and their impact on eliminating the worst forms of child labour.

4. Project for the elimination of bonded labour. The Committee notes that in 2000 the Government launched, with the assistance of ILO/IPEC and the ILO InFocus Programme on Promoting the Declaration, a three-year project entitled "Sustainable elimination of bonded labour" which aims at: (i) strengthening the capacity of the Government and non-governmental organizations to create the enabling environment for the effective rehabilitation of bonded labourers; (ii) raising awareness on the effective mechanisms to rehabilitate adult and child bonded labourers; and (iii) rehabilitating and providing training to 14,000 kamaiya families (i.e. bonded labourers). Due to the political and economic crisis in the country, the project was extended to August 2005 to explore ways of strengthening links with existing partners, including the Government, to promote the sustainability of the project’s achievements. The Committee asks the Government to provide information on the impact of the abovementioned programme on the elimination of child bonded labour.

5. Children in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraphs 305, 306, 307 and 311) that it launched, in the 1990s, programmes such as "Bisheswor with the poor" and "Ganesh man peace campaign" to prevent the recruitment of children for use in armed conflict. It adds that it has prepared a list of children affected by armed conflict and has plans to rehabilitate them. The Committee nevertheless notes that, according to the ILO/IPEC progress report on the implementation of the time-bound programme (December 2004), the number of children involved in the internal armed conflict is increasing. Child recruits work as porters, sentries and messengers. It also notes that the United Nations Country Team in Nepal has initiated contacts with the Communist Party of Nepal-Maoist (CPN-M) to discuss under-age recruitment (United Nations Security Council, General Assembly, 59th session, 9 February 2005, A/59/695-S/2005/72, paragraph 41). The United Nations Security Council indicates that no commitment or action plan to stop the recruitment and use of children emerged from these discussions, nor have child disarmament, demobilization and reintegration programmes been established. It adds that intensified conflicts between the CPN-M and government forces resulted in large numbers of children being trained as soldiers in CPN-M strongholds in the districts of Jumla and Jajarkot in mid-western Nepal. The Committee reminds the Government that, by virtue of Article 6 of the Convention, member States shall design and implement programmes of action to eliminate as a priority the worst forms of child labour, which includes the forced recruitment of children in armed conflict. The Committee accordingly requests the Government to redouble its efforts to eliminate the forced recruitment of children in armed conflicts. It also asks the Government to provide information on the results achieved.

Article 7, paragraph 1. Penalties. The Committee observes that section 8 of the Trafficking in Persons (Prohibition) Act provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the sale and trafficking of persons and the procuring of women for prostitution. The Children’s Act also provides for sufficiently adequate penalties for the use and involvement of children in an "immoral profession", and for the involvement of children in the sale, distribution or trafficking of alcohol, narcotics or other drugs (section 53(2)). Section 19 of the Child Labour (Prohibition and Regulation) Act provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the employment of children in hazardous occupations and forced child labour. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Debt bondage. The Committee observes that, by virtue of section 16 of the Kamaiya Labour (Prohibition) Act, whoever employs a debt labourer is liable to a fine of Rs.15,000 to Rs.25,000 and shall compensate the debt labourer. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly requests the Government to provide information on the measures taken to ensure that persons who employ child debt labourers are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 2. Time-bound measures. The Committee notes that a time-bound programme (TBP) was launched in June 2002 with the assistance of ILO/IPEC. The objective of the TBP is to support the Government to eliminate, within a seven-year period, seven selected worst forms of child labour. The priority target groups are children engaged in bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It also notes that, according to the ILO/IPEC progress reports on the implementation of the TBP of July and December 2004, the initial objectives of the TBP were modified to achieve less ambitious and shorter term objectives due to the political and economic crisis that has paralysed the country. The Committee encourages the Government to pursue its effort to implement the TBP so as to eliminate the worst forms of child labour or at the very least prevent the engagement of children in the worst forms of child labour, which are the focus of the TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that one of the objectives of the Poverty Reduction Strategy Paper (2002-07) (page 104) is to improve the quality of and access to education, especially primary education. It also notes that the Government launched, in 2004, a nine-year programme entitled " Education for All Programme" which aims at increasing the literacy rate, improving the quality of education, and increasing access to education, especially for girls. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to continue its efforts to improve access to free basic education for all children.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the ILO/IPEC progress reports (July and December 2004) on the implementation of the TBP, about 1,800 children have been withdrawn from the worst forms of child labour since the launching of the TBP. The progress reports nevertheless indicate that the number of children involved in the worst forms of child labour appear to be on the increase. The Committee also notes that the security situation in the country demands that project interventions be refocused on the Kathmandu Valley and district capitals. The ILO/IPEC works with partners that can operate in difficult circumstances and reach children in need of immediate assistance. Thus, partners have opened drop-in centres for working children, many of whom are conflict affected and internally displaced. The Committee asks the Government to pursue its efforts to withdraw children from the worst forms of child labour and ensure their rehabilitation, and to provide information on the results achieved.

2. Ragpickers. The Committee notes that, according to the ILO/IPEC rapid assessment on child ragpickers (Executive summary, November 2001), Nepal counts approximately 4,000 ragpickers with the highest concentration in Kathmandu Valley and Dharan. The large majority of these children are boys aged 10-14 years who migrate from rural or hill regions. Ragpicking entails the sorting, collecting and selling of various waste materials that can be found at dumpsites, riverbanks, street corners or in residential areas and consist primarily of plastics, bottles, cardboard, tin, aluminium, iron, brass and copper. Child ragpickers are exposed to tetanus and other infections (such as HIV/AIDS) caused by cuts from sharp metal pieces, broken glass, and other materials. The likelihood of falling ill is very high since they operate in unhygienic, polluted areas and consume dirty, unhealthy food and water. The Committee notes that rag picking was determined as a priority area for intervention under the TBP. The Committee accordingly asks the Government to provide information on the concrete measures taken to withdraw and rehabilitate child ragpickers.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that the project entitled "Sustainable elimination of bonded labour in Nepal" has mainstreamed 108,714 children in formal schools, and has provided non-formal education to 4,879 children of former kamaiyas (ILO/IPEC progress report, September 2004, page 3). The Committee encourages the Government to pursue its efforts to ensure that former child debt labourers and children engaged in other worst forms of child labour have access to education.

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee notes that, according to the ILO/IPEC rapid assessment on the situation of child domestic labourers in Kathmandu (November 2001, pages viii-x, and 1), Nepal counts approximately 83,000 child domestic labourers. More than two-thirds of them work 14 hours or more per day, usually beginning at 5 a.m. Their main chores include kitchen work, dishwashing, child minding, clothes washing, house cleaning, cattle raising and shopkeeping. About 50 per cent of domestic child labourers are not paid for their services. They are highly vulnerable to abuse and exploitation. The Committee notes that domestic service has been determined as a priority area under the TBP. The Committee accordingly asks the Government to provide information on the measures taken or envisaged under the TBP to ensure that child domestic workers do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes that, according to the TBP project document of January 2002 (page 24), whenever females are seen to be in a particularly disadvantageous position, gender-specific interventions, measures and activities will be incorporated in order to take affirmative action.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that a High-level Inter-Ministerial Committee has been established to coordinate and supervise the implementation of the Master Plan of Action and the TBP. The Committee also notes that the National Task Force Against Trafficking, which has been established with the assistance of ILO/IPEC, is responsible for coordinating the national programmes on trafficking (ILO/IPEC project document TICSA, 26 September 2002, page 23). The Committee accordingly asks the Government to provide information on the concrete measures taken by the abovementioned bodies to implement the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that Nepal is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and the Protocol on the Involvement of Children in Armed Conflict in 2000.

2. Regional cooperation. The Committee notes that Nepal participates in the South Asian Association for Regional Cooperation (SAARC), which was established in 1985 by Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka to accelerate the process of economic and social development. One of the objectives of the SAARC is to combat child trafficking, raise school attendance and literacy rates and to create a positive socio-economic environment for children. In 2002, the Government signed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, which objective is to promote cooperation amongst Member States to effectively deal with the various aspects of trafficking. According to the ILO/IPEC TICSA report of September 2002 (page 20), the signatories have committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee accordingly asks the Government to indicate whether a regional plan of action has been established.

 3. Bilateral cooperation. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraph 375), the problem of cross-border trafficking could be solved if both India and Nepal make it a political agenda, and law enforcement agencies in both countries cooperate to address the issues of compensation to the victims of trafficking and equal responsibility of both the countries of origin and of destination while working for the repatriation of trafficked children. The Government adds that recently cooperation has increased. The Committee accordingly requests the Government to provide information on concrete measures of cooperation taken by Nepal and India to eliminate child trafficking, and the results achieved.

4. Poverty reduction. The Committee notes that, according to the Tenth Plan Poverty Reduction Strategy Paper (National Planning Commission, May 2003, page 25), 42 per cent of people were living below the poverty line in 1995-96 in Nepal. It also notes the Government’s indication that the Poverty Reduction Strategy Paper (2002-07) (PRSP) targets the elimination of child labour. The PRSP aims at reducing the overall poverty ratio to 30 per cent by 2006-07. The PRSP is based on four pillars: broad-based high and sustainable growth, social sector development with emphasis on human development, targeted programmes with an emphasis on social inclusion and improved governance. The Committee asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been given by courts of law involving questions of principle relating to the application of the Convention. However, it notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraph 371), 135 to 150 complaints relating to trafficking were filed in the court. The Committee accordingly asks the Government to provide information on these cases and the penalties imposed.

Part V of the report form. The Committee observes that, according to the ILO/IPEC progress report on TICSA (March 2004, page 7), a regional study on the demand side of trafficking in women and children shall be completed in 2005. It asks the Government to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.