Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Nepal (Ratificación : 2002)

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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.