Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had 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 was a matter of great concern to the Government and the public at large. The Committee had also noted 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. Moreover, 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 had further noted that the UN Mission in Nepal (UNMIN) had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. It had finally noted the Government’s information that it had 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. Noting the absence of information in the Government’s report, the Committee once again expresses the hope 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, constitute 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”. It had noted, however, the Government’s indication that appropriate amendments would 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 notes with interest that, according to section 4(1) read in conjunction with section 15(1) of the Human Trafficking and Transportation (Control) Act No. 5 of 2007, any person who uses, forces or involves another person in prostitution shall be punished. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. The Committee expresses the hope that the amendments to the Children’s Act will include a prohibition on the use, procuring or offering of both boys and girls 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 sections 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 had also noted the Government’s statement that the Children’s Act would be amended in a way consistent with this Convention once a new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope 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 had further noted the Government’s information that the Begging (Prohibition) Act of 1962 would be amended in a way consistent with this Convention once the new and fully fledged parliament starts to function. Noting the absence of information in the Government’s report, the Committee once again expresses the hope 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 and determination of types of 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. The Committee had noted 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 had also noted the Government’s information that appropriate amendments would be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee notes the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993. However, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3, paragraph 2, of the Convention. It 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 noted the Government’s statement 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. The Committee had also noted 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 notes the Government’s statement in its report under Convention No. 138 that though the labour inspections shows a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. The Committee requests the Government to take immediate and effective measures to ensure that self‑employed children under 18 years of age are protected against the types of work, which by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s statement that according to the labour inspection report of 2007–08 and 2008–09, the figures of child labour in the organized sector is very rare. It also notes the information provided by the Government in its report under Convention No. 138 that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee 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. It also requests the Government to indicate how many of the cases registered by the CCWC related to trafficking in children, child sexual commercial exploitation, illicit activities and hazardous work.

2. Police. The Committee had previously noted the Government’s indication that the Nepalese police had 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 had 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 the National Master Plan on Child Labour focuses on nine areas of strategic interventions, as follows: policy and institutional development; education and health; advocacy; networking and social mobilization; legislation and enforcement; income and employment generation; prevention and protection; rehabilitation; research and study. The National Plan also anticipates the active participation of all stakeholders including local government agencies, INGOs, NGOs and larger civil society in combating the worst forms of child labour. The Committee requests the Government to provide information on the impact of the measures taken under the National Master Plan on Child Labour to prevent, protect and rehabilitate children involved in the worst forms of child labour. It also requests the Government to indicate the number of children withdrawn and rehabilitated pursuant to this National Plan.

2. Poverty Reduction Strategy Paper and its Tenth Development Plan. The Committee had previously noted 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. It had also noted that this plan adopted policies to provide employment opportunities to the members of child labour prone families in the informal sector, giving special emphasis to providing educational and rehabilitation services to child labourers. The Committee notes the Government’s indication that the Ministry of Labour and Transport Management has conducted massive awareness-raising programmes against child labour through the electronic media, radio, television and printing media. It has further implemented five programmes on skill development, awareness-raising, self-employment and income generation programmes focused on guardians of children who were employed from which 250 guardians benefited. The Committee requests the Government to continue providing 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 had previously noted the General Federation of Nepalese Trade Union’s (GEFONT) statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It had noted the Government’s information that the ILO–IPEC project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee had further noted the Government’s statement that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers.

The Committee notes with interest the information in the Government’s report that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. It also notes the Government’s statement that as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee requests the Government to continue providing information on the number of child bonded labourers withdrawn and rehabilitated under the ILO–IPEC project and under the programmes implemented by the Ministry of Labour and Transport Management.

Article 7, paragraph 1. Penalties. The Committee had previously noted that, by virtue of section 4 of the Human Trafficking and Transportation (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
rs50,000–100,000 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
rs100,000–200,000 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 rs100,000 and with imprisonment for ten to 12 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had 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 had also noted that the Government had 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. Following its previous comments, the Committee notes with interest the Government’s statement that in 2008, the net enrolment at primary level has increased from 89 per cent to 91.1 per cent. It also notes the Government’s information that community and school-based preliminary child development programmes for children of backward communities are being conducted under the EFA programme. A total of 20,023 child development centres have been established in 2008/2009. As per the target to provide scholarship to 50 per cent of the underprivileged and financially weak primary school-going girl students totalling 612,867 in 2007–08, a total of 607,401 girl students received scholarships. The Committee requests the Government to continue to provide updated statistical information on the primary school attendance and drop-out rates. It also requests the Government to continue its efforts to improve access to education of children from backward communities and girl students. It requests the Government to provide information on the results achieved.

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 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 had also noted with interest that the Government of Nepal and the ILO–IPEC had signed a Memorandum of Understanding on 3 May 2007 to continue the TBP for another five years. The Committee notes the Government’s indication that that this TBP has benefitted about 60,000 children engaged in child labour in the abovementioned seven sectors and 25,000 families as direct beneficiaries in 32 out of 75 districts in Nepal. 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 (d). Identifying and reaching out to children at special risk. The Committee had 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 had also noted the Government’s information that 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 Government’s information that a programme entitled “Education Campaign on Building New Nepal” has been implemented by setting different programmes like separate schools for martyrs’ children, national literacy campaigns and secondary education. The Committee requests the Government to provide information on the number of children in difficult situations who have been prevented or withdrawn from the worst forms of child labour and reintegrated into basic education through the Education Campaign on Building New Nepal programme.