Cas individuel (CAS) - Discussion : 2023, Publication : 111ème session CIT (2023)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Népal (Ratification: 2002)

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.