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

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

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

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

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Persons 2012–22. The Committee notes from the Report of the National Human Rights Commission (NHRC) of March 2016 that the Government adopted the National Plan of Action against Trafficking in Persons which identifies five broad areas of interventions, such as prevention, protection, prosecution, capacity building, and collaboration and networking. This report also indicates that the Government allocated a budget to the District Committees on Controlling Human Trafficking of 75 districts to formulate, implement, coordinate and monitor anti-trafficking activities and programmes. Accordingly, some of the district committees like Morang and Sansari have formulated a five-year district plan of action against trafficking in persons. The Committee requests the Government to provide information on the concrete measures taken within the National Plan of Action against Trafficking in Persons 2012–22 as well as within the five-year district plan of action against trafficking in persons, to combat trafficking of children and the results achieved.

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

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

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

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