Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report as well as the observations of the General Federation of Nepalese Trade Unions (GEFONT) in a communication dated 11 September 2007. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the adoption of the Human Trafficking (Control) Act, 2007, which now prohibits the sale and trafficking of children under 18 years for labour and sexual exploitation. The Committee requests the Government to supply a copy of the Human Trafficking (Control) Act, 2007.

2. Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had also noted the Government’s information that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 which stipulates that a recruit may be 15 to 18 years of age shall be reviewed. The Committee had noted however that the forced recruitment of child combatants by Maoists is a matter of great concern to the Government and the public at large, and therefore, requested the Government to advise it of the measures to prohibit the use of children in armed conflict. The Committee notes the Government’s information that according to article 22(5) of the Interim Constitution of Nepal, 2007, children shall not be used in the army, police or in conflicts. It also notes that section 7.6.1 of the Comprehensive Peace Accord 2006 concluded between the Government of Nepal and the Communist Party of Nepal (Maoist) provides 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. It further notes that the UN Mission in Nepal (UNMIN) has started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. The Committee finally notes the Government’s information that it has ratified the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2006. The Committee hopes that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 will be amended as soon as possible to prohibit the forced recruitment of children under 18 years for use in armed conflict. It requests the Government to provide information on any new developments in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted sections 4(3) and 4(4) of the Trafficking in Persons (Prohibition) Act, according to which forcing a woman by coercion or false promises to engage in prostitution and assisting, encouraging or facilitating any person into prostitution, constitutes a criminal offence. It had also noted sections 2(a) and 16(1) of the Children’s Act, 1992, which prohibit the use or involvement of children under 16 years in an “immoral profession”. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes, however, the Government’s indication that appropriate amendments will be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly is formed and a fully fledged parliament starts to function. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. It also requests the Government to ensure that the amendments to the Trafficking in Persons Act and the Children’s Act will prohibit the use, procuring or offering of both girls and boys under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee had previously noted that according to section 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 years in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee notes the Government’s information that the Children’s Act will be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. The Committee hopes that as part of the legislative amendments, measures will be taken to expressly prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and distribution of drugs, in accordance with Article 3(c) of the Convention. It requests the Government to provide information on the progress made in this regard.

2. Use of a child for begging. The Committee had previously noted section 3 of the Begging (Prohibition) Act 1962 which makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. It had encouraged the Government to raise the age of a child from 16 to 18 years under that provision. The Committee notes the Government’s information that the Begging (Prohibition) Act of 1962 will be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function. The Committee hopes that appropriate amendments will be made to the Begging (Prohibition) Act of 1962.

Article 3, clause (d), and Article 4, paragraph 1. 1. Hazardous work. The Committee had previously noted sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act which prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. Noting the serious political crisis in the country, the Committee had expressed its hope that the Government would soon be in a position to take the necessary measures to ensure that the employment of children under 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals is prohibited. The Committee notes the Government’s statement that the age of a “child” as mentioned in the above legislation needs to be raised to 18 years in order to make it consistent with the provisions of this Convention. It further notes the Government’s information that appropriate amendments will be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee hopes that the amendments to the Child Labour (Prohibition and Regulation) Act will be adopted promptly so as to bring it into conformity with the provisions of Article 3(d) of the Convention, and requests the Government to provide information on the progress made in this regard.

2. Self-employed children. The Committee had previously noted that self‑employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. It had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years from hazardous work. The Committee notes the Government’s information that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized five workshops as a means to strengthen the capacity of labour officers and factory inspectors to consider seriously the worst forms of child labour, including in the informal sector. It also notes the Government’s information that with the support of ILO/IPEC, three national-level trade union federations are trying to extend their work against child labour in the informal sector by unionizing the agricultural sector. The Committee requests the Government to indicate whether these measures have resulted in protecting self-employed children under 18 years from engaging in hazardous work.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the measures taken by the Government to strengthen the capacity of labour officers and factory inspectors to seriously deal with the worst forms of child labour, including in the informal sector and the attempt by the three national-level trade union federations with the support of ILO/IPEC, to extend their work against child labour in the informal sector by unionizing the agricultural sector. It also notes that the Government constituted vigilance committees in the eight districts of the country on a pilot basis. It further notes the Government’s indication that in 2005–06, labour inspectors inspected 781 factories and the results indicate that the number of child labourers in the organized sector is 0.37 per cent. The Committee takes note of the Government’s information and requests the Government to continue providing information on the inspections carried out, including in the informal sector and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Police. The Committee notes the Government’s indication that the Nepalese police has established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests the Government to provide information on the number of investigations carried out by the police and the findings with regard to the trafficking of children, and the number of violations detected under the new Trafficking (Control) Act, 2007.

Article 6. Programmes of action. 1. National Master Plan on Child Labour. The Committee notes the Government’s information that it has approved a National Master Plan on Child Labour (2004–14) which aims at eliminating all forms of child labour by 2014. It notes that the social partners and NGOs are working closely with the Government and ILO/IPEC in their efforts to eliminate child labour and running their own programmes to achieve this. The Committee notes that the previous year, a radio programme was conducted to increase awareness and sensitization regarding the worst forms of child labour. Various skill-development and self-employment training were conducted with the aim to improve the financial conditions of the families who are obliged to send their children to work. The Committee notes the Government’s information that about 215 people benefited from these programmes. It also notes that the Federation of Nepalese Chamber of Commerce and Industries adopted a code of conduct against child labour. It further notes that the Government of Nepal and ILO/IPEC are trying to seek the support of local government bodies to adopt and implement the mission started by the Kathmandu Metropolitan City to make it a child labour free area. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the National Master Plan on Child Labour to eliminate the worst forms of child labour, and the results achieved.

2. Poverty Reduction Strategy Paper and its Tenth Development Plan. The Committee notes the Government’s information that the Tenth Development Plan of the Poverty Reduction Strategy Paper incorporated the elimination of the worst forms of child labour by the year 2007 as its strategic objective. The plan has also adopted policies to provide employment opportunities to the members of child labour prone families in the informal sector. It also gives special emphasis to providing educational and rehabilitation services to child labourers. The Committee requests the Government to provide further information on the implementation of the policies in relation to the elimination of the worst forms of child labour adopted under the Tenth Development Plan and the Poverty Reduction Strategy Paper, and the results achieved.

3. Project for the elimination of bonded labour. The Committee notes the GEFONT’s statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It notes the Government’s information that the three-year project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 with the assistance of ILO/IPEC targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. It also notes that this project was further extended for additional freed kamaiyas, Haruwa/Charuwa families and their children with more focus on child bonded labour. This extended project which consists of seven specific projects and 150 action programmes concerning different sectors of child labour, is being implemented in eight Terai districts of the central and eastern regions. The Committee further notes the Government’s information that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers. The Committee requests the Government to provide information on the impact of the project on the elimination of child bonded labour and to indicate the number of child bonded labourers withdrawn and rehabilitated under this project.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information that by virtue of section 4 of the Human Trafficking (Control) Act, 2007, any person guilty of the offences related to the trafficking of persons outside the country for sale or prostitution shall be liable to a fine of
rs.50,000–100,000 and to imprisonment for ten to 15 years. The penalties for the above offence committed in respect of a child shall be a fine of
rs.100,000–200,000 and imprisonment for the above duration. This section further provides that any person involved in the trafficking of children within the country is liable for a fine of rs.100,000 and with imprisonment for ten to 12 years. The Committee requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Time-bound measures. The Committee had previously noted that a Time-bound Programme (TBP) was launched in 2002 to eliminate the worst forms of child labour in seven selected sectors such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It notes with interest that the Government of Nepal and the ILO/IPEC signed a Memorandum of Understanding on 3 May 2007 to continue the TBP for another five years.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee notes the Government’s information that it is committed to achieving universal primary education by the year 2015. The Government’s “Education for All” (EFA) programme is currently running in several districts to ensure that all children of school-going age receive education. The Government has taken several initiatives such as tuition-free primary education, provision for free books, scholarships, cooking oil and mid-day meals to enhance school enrolment and retention rates. Since the inception of the EFA programme, the net enrolment rate in primary education has reached 84 per cent. Moreover, the proportion of students that start at grade 1 and reach grade 5 is 76 per cent, and the literacy rate of persons of 15 to 25 years of age is 73 per cent. Within the framework of the EFA programme, the Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on the primary school attendance and drop-out rates.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes the Government’s information that according to several studies carried out in different sectors, the number of child labourers found in the domestic sector was 55,655; portering sector, 46,029; and child bonded labourers, 17,152. The number of children trafficked every year for sexual and labour exploitation is estimated to be between 5,000 to 12,000; and the number of children engaged in the carpet sector was estimated to be 4,227. The Committee notes with interest the Government’s information that the TBP aims to target a total of 127,000 child labourers during its seven years’ duration. It notes that the TBP has so far been successful in withdrawing 16,966 children (46 per cent boys and 54 per cent girls) from the seven targeted sectors of the worst forms of child labour (such as bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking) and prevented 10,715 children from engaging in the worst forms of child labour. According to the ILO/IPEC Progress Report 2006 on the TBP in Nepal, the total number of children withdrawn from the worst forms of child labour included: 1,373 children from mines and quarries, 1,103 children from the sector of trafficking in children (TICSA-TBP, Nepal), 1,438 children from the sector of rag picking, 2,310 from the child porter sector, 8,884 children from the domestic sector, 1,090 children from carpet weaving, and 350 children from child bonded labour. The project had provided direct services to 15,458 families of children engaged in the worst forms of child labour. The Committee requests the Government to continue providing information on the implementation of the TBP and to indicate the number of children who have been effectively withdrawn from the worst forms of child labour in the seven sectors mentioned above and reintegrated into basic education or vocational training.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that under the TBP, 8,737 children have benefited from formal or non-formal education, 1,474 children from vocational training or apprenticeship and 11,196 children were provided with secondary services resulting in withdrawal or prevention. The Committee encourages the Government to pursue its efforts to ensure access to free basic education, and wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes the GEFONT’s assertion that after the conflict, the phenomenon of displaced and orphaned children in the worst forms of child labour has increased. The Committee also notes the Government’s information that internal conflict in the country has 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 requests the Government to provide information on the measures taken or envisaged to address the situation of parentless children, single parent children and displaced children as a result of the internal conflict in the country, and the measures taken to protect them from the worst forms of child labour.