Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Nepal (Ratificación : 2002)

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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 various rehabilitation programmes provided to Haliya and Kamaiya (agricultural based bonded labour practices) and Kamlari, (offering girls for domestic work to families of landlords) girls by the Ministry of Land Management and Poverty Alleviation. It requested the Government to continue its efforts and to provide information on the measures taken and the results achieved in this regard.

The Committee notes the Government’ information in its report that out of the total 27,570 liberated Kamaiyas, 25,195 were provided with land, while 12,820 out of 16,322 Haliya families were rehabilitated. It also notes the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29) that the Department of Education has institutionalized a system of extending educational services, by providing scholarships and hostel facilities, to freed Kamlari girls. The Committee encourages the Government to pursue its efforts to ensure that all child victims of bonded labour receive appropriate services for their rehabilitation and social integration, including access to education. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved indicating the number of child bonded labourers that have been rehabilitated.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that the prohibition on the use or involvement of children in an “immoral profession” (sections 2(a) and 16(1)) of the Children’s Act, 1992, applies only to children under 16 years. It noted the Government’s information that the Children’s Bill which contained provisions prohibiting the use, procuring or offering of all children under 18 years for the production of pornography or for pornographic performances was tabled in the Parliament for adoption.

The Committee notes that the Act Relating to Children, 2018 has been adopted. It notes with satisfaction that section 66(3) of this Act which deals with offences related to child sexual abuse makes it an offence to use a child (persons under 18 years as per section 2(j)) for the production of any obscene material or act (subsection (d)); to engage or cause to engage a child in sexual exploitation (subsection h); or to use or cause to use a child in sexual abuse, including child pornography (subsection (j)). According to section 72, these offences are punishable with a fine of up to 100,000 rupees and imprisonment for up to five years. The Committee requests the Government to provide information on the application in practice of section 72 in relation to sections 66(3)(d), (h), (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.

Articles 5, 7(1) and 7(2)(b). Monitoring mechanisms, penalties and direct assistance for child victims of the worst forms of child labour. Trafficking. In its previous comments, the Committee noted the activities undertaken by the National and District Committees on Controlling Human Trafficking and the Nepal Police in combating trafficking in persons. It also noted the establishment of a Child Helpline and a Human trafficking and Control Unit.

The Committee notes that the Government report does not contain any information concerning its efforts to combat trafficking in children as requested by the Committee in its previous comments. However, the Committee notes the Government’s information in its report of November 2020 to the Human Rights Council that the Nepal Police created a High-level task force to prevent and control the incidence of trafficking and illegal migration, particularly of women and girls and investigate such crimes. Moreover, security check-posts in ten critical points and twenty boarder locations were established for carrying out intensive vigilance and security checks to prevent the incidence of trafficking (A/HRC/WG.6/37/NPL/1, paragraph 109). The Committee also notes the Government’s information in its Combined 6th and 7th periodic reports submitted on 15 February 2022 to the Committee on the Rights of the Child (Report to the CRC, 2022), that the Service Centres established under the Nepal Police and the Missing Children Response Centres (MCRC) operate in partnership with the Nepal Police, provide support and services to child victims of trafficking and exploitation. Moreover, the Child Helpline provides counselling, legal aid, information, rescue and temporary shelter facilities for child victims of trafficking and vulnerable children. This report further indicates that the MCRC which are functional in 73 district police offices have supported 3619 children in 2020-21 and the Child helpline which is functional in 18 locations covering 72 districts have supported 10,348 children in 2020-21. According to the statistics of the Nepal Police Women, Children and Senior Citizens Service Directorate, a total of 75 child victims of trafficking (71 girls and 4 boys) were identified in 2019–20. Moreover, in 2020-21, more than 3,000 children were prevented from trafficking and reunited with families through boarder interceptions (paragraphs: 97, 107, 108, 136 and 189). The Committee strongly encourages the Government to continue its efforts to combat trafficking in children and to provide information on the activities undertaken by the Nepal Police and the High-level task force, in monitoring and identifying child victims of trafficking. It requests the Government to provide information on the number of cases of trafficking of children identified, investigations, prosecutions and convictions carried out and the penalties imposed. Lastly, it requests the Government to continue to provide information on the number of child victims of trafficking who have been provided support and assistance by the Child Helpline, the Missing Children Response Centers and the Service centers.

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 noted the measures taken to improve access to education of children, including provisions of scholarships for girls and Dalit children. However, it noted that a significant number of children were out of school.

The Committee notes the Government’s information that the Act Relating to Compulsory and Free Education, 2018 guarantees free and compulsory education at the primary level and free education up to secondary school (sections 6 and 20). The Government states that it has been concentrating its efforts on increasing retention and completion rates along with improving quality education and a child friendly environment at schools. It indicates that a total of 35,674 schools were operational in 2019–20 which educated over 7 million children from grades 1 to 12 with a fair share of Dalit and indigenous children and a good share of girls’ representation in schools. According to the Government’s information, in 2019, the net enrolment rate was 97 per cent at the primary level (an increase from 64 per cent in 1991), 94.7 per cent at the lower secondary level, and 51.2 per cent at the higher secondary level with the ratio of girl to boy students increasing from 0.43 to 0.98 in basic education and from 0.43 to 1.01 in secondary education. The Government indicates that it continues to provide scholarships to girls, Dalit students and children from poor families. For the fiscal year 2019–20, and for 2020–21 respectively , 3.19 billion rupees and 2.7 billion rupees were allocated for such scholarships.

The Committee also notes from the Government’s report to the Human Rights Council that 3,288,924 children, including children from the Dalit community, conflict affected families and highly marginalized and indigenous communities were provided with scholarships (A/HRC/WG.6/37/NPL/1, paragraph 69). The Committee further notes that the Government, in its report to the CRC, 2022, refers to various initiatives undertaken by the provincial governments for the protection of girls and to support their education, including: (i) the Beti Bachao Beti Padhao (Save Girls and Educate Girls) campaign that provides bicycles for girls, scholarship and educational supports; (ii) the Bank Khata Chhoriko: Surakshya Jivan Bhariko (Daughter's Bank Account- Protection for Lifelong) programme through which the Government deposits cash for the girl child from birth till she is 20 years of age; and (iii) the Sanai Chhu Ma Badhna Deu, Bal Bibah Hoina Padhna Deu (I am Young let me grow, no child marriage but let me go to school) programme which has been launched to provide special educational opportunities and protection for girls (paragraph 37). The Committee, however, notes that according to the UNESCO statistics over 74,280 children and 189,753 adolescents (including 117,859 female adolescents) were out of school in 2021. The Committee therefore strongly encourages the Government to continue its effortsto facilitate access to free, basic and quality education for all children, with a particular focus on girls and indigenous children. 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 improving the functioning of the education system, increasing the school enrolment, attendance and completion rates, and reducing the school drop-out rates.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee previously noted from the Report of the National Human Rights Commission (NHRC) that a large number of girls and women were involved in commercial sexual exploitation in the entertainment establishments in the Kathmandu valley.

In response to its previous comments concerning the measures taken to remove children from commercial sexual exploitation and to provide assistance, the Committee notes that the Government only refers to a few laws that set the legal framework against trafficking and commercial sexual exploitation, including the Directives for Protection against Economic and Sexual Exploitation of Women and Girls in the Entertainment Sector, 2008. In this regard, the Committee notes from a report of Alliance 8.7 (a global partnership, including ILO, committed to achieving SDG Target 8.7) entitled Understanding Commercial Sexual Exploitation of Children in Nepal, 2018 that the adult entertainment sector is a high-risk environment for girls where commercial sexual exploitation is known to occur. Many of these workplaces have become a front for commercial sex and working in these places can lead girls to the sex industry. It is estimated that around 13,000 people in this sector started working as children under the age of 18 years.The Committee once again requests the Government to take effective and time-bound measures to remove children under 18 years of age from commercial sexual exploitation in the entertainment industry and to provide them with the appropriate assistance to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and the results achieved, indicating the number of children under 18 years removed and rehabilitated.

2. Children working in brick kilns. The Committee notes from the Report on Employment Relationship Survey in the Brick Industry in Nepal, 2020 conducted by the ILO, UNICEF and the Central Bureau of Statistics of Nepal that there are an estimated 17,738 children working in the brick kilns of Nepal with 44.5 per cent of these children involved in hazardous work. These children are mostly exposed to dust and flames, working excessively long hours, working at night and carrying heavy loads. Observing that the work carried out by children under 18 in the brick kiln industry is inherently hazardous,the Committee urges the Government to take the necessary measures to prevent all children under 18 years of age from working in the brick kiln industry. It also requests the Government to take effective and time bound measures to remove children from this worst form of child labour and to provide for their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken and the results achieved in this regard.

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