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

Other comments on C182

Observation

Direct Request

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Article 3(b) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Conference Committee on the Application of Standards (Conference Committee) requested 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.

The Government indicates that a database system will be established in order for the Government to share the requested data with its next report. The Government adds that the Ministry of Women, Children and Social Security is drafting policies to address cybercrime, and that a data system will be developed to capture the reality of such cases. The Committee requests the Government to ensure that a database system will be put in place that will permit it to share statistics regarding the number of cases reported, prosecutions, convictions and penalties applied in relation to the sections of the Act relating to Children, 2018, punishing the use, procuring or offering of children for the production or pornography or pornographic performances. It also requests the Government to provide information on the policies being drafted to address cybercrime, and on how they will contribute to the protection of children from their use, procuring or offering for pornography.

Article 3(c). Use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s information, in its report, that 202 persons were arrested in 2022 due to their involvement in the production and trafficking of drugs. However, the Government does not indicate whether these arrests have been made in application of section 66(2)(n) of the Act Relating to Children, 2018, for the specific offence of training or causing a child to commit an offence, including the production or trafficking of drugs. The Committee once again requests the Government to provide information on the application in practice of section 66(2)(n) of the Act Relating to Children, 2018. To the extent possible, please indicate the number of cases reported, prosecutions, convictions and penal sanctions applied for the offences related to the use, procuring or offering of children under the age of 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. The Committee requests the Government to continue providing information on the progress made in the adoption of the list of hazardous occupations for children that is currently being reviewed with a view to incorporation into the Child Labour (Prohibition and Elimination) Act, 2000, and to provide a copy of this list once adopted.

Article 5. Monitoring mechanisms. The Conference Committee requested the Government to increase material resources to the Ministry of Labour, Employment and Social Security (MoLESS) to help combat the worst forms of child labour. It also requested the Government to provide capacity building to the labour administration, labour inspectorate and other public authorities in charge of combating child labour and protecting children.

The Committee notes the Government’s information, in this regard, that in the framework of the Five-Year Strategic Plan (2021/22 – 2026/27) of the MoLESS, regular labour inspections in all industries are a priority. The Government indicates, for instance, that it has established labour offices in all provinces, to which labour inspectors and auditors have been deployed in order to conduct labour audits and factory inspections. The Government further indicates that it intends to promote the local Child Rights Committees to ensure their active engagement in identifying vulnerabilities and preventing the engagement of children in child labour The Committee requests the Government to provide information on the impact of the measures taken to build the capacity of the labour administration, labour inspection and other bodies responsible for enforcing the laws to combat the worst forms of child labour, particularly as regards children in bonded or forced labour, in commercial sexual exploitation and in hazardous work in brick kilns. It requests the Government to continue to take such measures and provide information on the results of labour inspections and audits into factories and other places where the worst forms of child labour are found, including the number of violations detected and penalties imposed.

Articles 6 and 8. Programmes of action. National Master Plan on the Elimination of Child Labour and international cooperation and assistance. The Conference Committee requested the Government to scale up its efforts to end child labour through a multi-causal approach and adopt policies to address the root causes of child labour. It also requested the Government to reinforce policy coherence and coordination at the national and regional levels.

The Committee notes in this regard that the ILO Asia Regional Child Labour Project (ARC) is providing technical support to the MoLESS to expedite the implementation of the National Master Plan on the Elimination of Child Labour (2018–28) (NMP-ECL). The NMP-ECL has five major strategies to combat child labour through a multi-causal approach: (1) revising policies; (2) capacity-building; (3) livelihood support; (4) rescue and rehabilitation; and (5) coordination. The Government also indicates that MoLESS established an Inter-Agency Working Group on the elimination of child labour in 2017–18 which reunites more than ten development partners, including the ILO, UNICEF, the National Child Rights Council, and several NGOs. The Committee requests the Government to provide information, in its next report, on how the measures taken under the MoLESS Master Plan on the Elimination of Child Labour (2018–28) are addressing the root causes leading children to becoming engaged in the worst forms of child labour in Nepal, and on the impact of these measures in terms of the number of children prevented or withdrawn from these worst forms of child labour. It also encourages the Government to continue taking measures to increase and reinforce policy coherence and national and regional cooperation to combat the worst forms of child labour, such as in the case of the Inter-Agency Working Group, and to provide information on the progress made and results achieved in this regard.