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

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

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.