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

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

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

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

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

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

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

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

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

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

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

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