Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that, by virtue of sections 3 and 4 of the Trafficking in Persons (Prohibition) Act of 1986, the sale of a person for any purpose and the trafficking of a person to a foreign country for the purpose of selling that person are prohibited. The Committee observes however that, according to information available at the Office, the Human Trafficking (Control) Bill was adopted in 2000 but is not yet in force. The Committee requests the Government to keep it informed of progress made in adopting the Human Trafficking (Control) Bill which it trusts will prohibit the sale and trafficking of children under 18 for labour and sexual exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee observes that article 20(1) of the Constitution of 1990 prohibits trafficking in human beings, slavery, serfdom and forced labour in any form. Article 20(1) of the Constitution also provides that any contravention to this article is punishable by law. The Committee notes the Government’s indication to the Human Rights Committee (CCPR/C/74/Add.2, 18 May 1994, paragraph 19) that the Chapter of the Muluki Ain (General Law in Nepal) related to the trafficking of persons prohibits slavery and serfdom. It also notes that sections 2(a) and 4 of the Child Labour (Prohibition and Regulation) Act of 2000 (which entered into force on 16 November 2004) provide that a person shall not employ children against their will. Section 13 of the Citizens Rights Act of 1955 also prohibits forced labour. Section 4 of the Kamaiya Labour (Prohibition) Act of 2002 prohibits debt bondage. The Committee asks the Government to supply a copy of the relevant legal provisions of the Muluki Ain.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.34, 10 May 1995, paragraphs 329-332), the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 for recruitment in the army. The Government adds that, according to the Young Boys (Recruitment and Conditions of Services) Rules of 1971, a recruit may be 15-18 years of age. The Government also indicates (CRC/C/65/Add.30, 3 December 2004, paragraphs 301-313) that there are reports of Maoists using children and youth in their movement, although detailed information about their number is not available. The Committee notes that the forced recruitment of child combatants by Maoists is a matter of great concern to the Government and the public at large. It also notes that the Ministry intends to take the necessary measures to review the Youth Recruitment Act, 1971, and to prohibit the use of children in armed conflicts. The Committee accordingly requests the Government to advise it of the measures to review the Act and to prohibit the use of children in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 4(3) of the Trafficking in Persons (Prohibition) Act, whoever forces a woman, by means of coercion or false promises, to engage in prostitution commits an offence. It is also an offence to assist, facilitate or encourage a person into prostitution (section 4(4)). The Committee also notes that sections 2(a) and 16(1) of the Children’s Act, 1992, prohibit the involvement or use of a child under 16 years in an "immoral profession". The Committee reminds 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 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 accordingly asks the Government to provide a definition of the term "immoral profession" and to take the necessary measures to ensure that it is prohibited to use, procure or offer both males and females under 18 for prostitution and for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that, by virtue of sections 2(a) and 16(4) of the Children’s Act, it is prohibited to involve a child under 16 in the sale, distribution or trafficking of alcohol, narcotics or other drugs. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 for illicit activities, in particular the production and trafficking of drugs, is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 for the production and trafficking of drugs is prohibited under national legislation.

2. Use of a child for begging. The Committee notes that, by virtue of section 3 of the Begging (Prohibition) Act, 1962, it is an offence to ask or encourage a child under 16 to beg in a street, junction or any other places. The Committee encourages the Government to raise the age to 18 years.

Article 3, clause (d), and Article 4, paragraph 1. 1. Hazardous work. The Committee observes that article 20(2) of the Constitution provides that a minor shall not be employed in any factory or mine, or in any other hazardous work. It also notes that sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act prohibit the employment of children under 16 years of age in hazardous work or enterprises listed in the schedule which includes hotels, casinos, restaurants, bidi manufacturing, the carpet weaving industry, construction industry, drawing rickshaws or pushcarts, and undertaking underground or underwater work. Section 43(1) and (2) of the Labour Rules of 1993 also provides for a detailed list of hazardous machines and operations that shall not be performed by child workers under 16 years of age. Section 39 of the Labour Rules provides that males under 19 shall not lift, carry or move any load of more than 25  kg (20 kg for females under 18). The Committee further notes the Government’s indication that it is fully aware that national legislation is not in line with the Convention. Noting that the Government faces a serious political crisis, the Committee nevertheless hopes that the Government will soon be in a position to take the necessary measures to ensure that the employment of children under 18 years of age 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 in conformity with the Convention.

2. Self-employed children. The Committee notes that, by virtue of section 3 of the Child Labour (Prohibition and Regulation) Act, it is prohibited to employ children in hazardous work as listed in the schedule. It consequently notes that self-employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that the labour inspectors shall inspect establishments where children are employed (section 15 of the Child Labour (Prohibition and Regulation) Act). It also notes the Government’s indication that 500 factories were inspected in 2003-04 and 565 factories were inspected in 2004-05; the number of infringements concerning the provisions giving effect to the Convention was very low. According to the Government, the low number of infringements does not mean that there are no infringements but rather that they go unnoticed or unreported. Indeed, according to the ILO/IPEC rapid assessment on child porters (November 2001, pages xiii-xv, and 24), the majority of the 42,000 long-distance porters carry loads that are over the legal limit of 25 kg fixed by section 39 of the Labour Rules mainly because enforcement is poor to non-existent.

The Committee notes the Government’s indication that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organized, with the assistance of ILO/IPEC, workshops to improve the labour officers’ capacity to consider seriously the worst forms of child labour. It adds that discussions are under way to establish a mechanism to extend labour inspections to the informal sector. The Committee accordingly asks the Government to provide information on the concrete measures taken to strengthen the labour inspectors’ capacity to eliminate the worst forms of child labour, including in the informal sector, and the results achieved. It also asks the Government to continue to provide information on the number of workplaces investigated per year and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Police. The Committee notes the Government’s indication that a department was established within the police to combat the trafficking in persons. The Committee asks 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 as well as other worst forms of child labour prohibited by national penal provisions.

3. National Steering Committee and the Central Child Welfare Committee. The Committee notes the Government’s indication that a National Steering Committee has been established to discuss and endorse programmes on child labour. The National Steering Committee consists of the Secretary of the Ministry of Labour and Transport Management, other representatives of relevant ministries, representatives of the organizations of workers and employers, and non-governmental organizations. The Committee further observes that a Central Child Welfare Committee has been established under the Ministry of Women, Children and Social Welfare to implement the National Plan of Action on Human Rights which deals with the worst forms of child labour. The Committee accordingly asks the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding with ILO/IPEC. The Committee notes that the Government signed a Memorandum of Understanding (MOU) with ILO/IPEC in 1995 to eliminate the worst forms of child labour. According to the ILO/IPEC country profile, to date, over 100 action programmes and mini-programmes have been carried out in the following four areas: (i) formulation of appropriate policies and programmes by governmental and non-governmental organizations; (ii) launching of programmes of direct intervention with child workers; (iii) awareness raising and community mobilization; and (iv) legislation and enforcement. To implement these projects, ILO/IPEC collaborates with various partners, including the Government, organizations of workers and employers, educational institutions and non-governmental organizations.

The Committee notes the Government’s indication that it launched a National Master Plan on Child Labour which aims at eliminating the worst forms of child labour by 2009. The plan focuses on the following nine strategic areas of interventions: policy and institutional development; education and health; advocacy; social mobilization; legislation and enforcement; income and employment generation; prevention; protection; rehabilitation; and research. The Government adds that most of the plan document was prepared in collaboration with the social partners. The Committee asks the Government to continue to provide information on any developments in this regard.

2. TICSA project on combating child trafficking for sexual and labour exploitation. The Committee notes that, according to a survey conducted by ILO/IPEC (Trafficking in girls with special reference to prostitution: A rapid assessment, 2002, page 1), approximately 12,000 girls are trafficked out of Nepal for sexual exploitation each year. It also notes that the TICSA project report (ILO/IPEC, September 2002, pages 13 and 17), reveals that 100,000 to 200,000 Nepalese women and girls are working in brothels in India, of which approximately 25 per cent are below 18 years of age. The TICSA project report also reveals that there are indications of widespread trafficking of boys, both internally and cross-border.

The Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended to Pakistan, Indonesia and Thailand in 2003. TICSA focuses, in Nepal, on the trafficking of children for domestic services, for commercial sexual exploitation, for organized street begging and for their use in armed conflicts. The Government has established a National Plan of Action against the Trafficking of Children for Commercial Sexual Exploitation in 1999, which was reviewed in 2001 in light of TICSA. The Committee also notes that, according to the TICSA Technical Progress Report of March 2004, the Nepal component has been affected by the deterioration of the conflict situation, which partly aggravated the trafficking of women and children. Despite the situation, TICSA Nepal provided non-formal education and support towards income-generating activities to 450 girls. The Committee asks the Government to provide information on the impact of TICSA Nepal on combating child trafficking for labour and sexual exploitation and on the results achieved.

3. Project on the elimination of the worst forms of child labour. The Committee notes that the Ministry of Women, Children and Social Welfare launched in April 2004 a programme entitled "Towards the elimination of the worst forms of child labour in Nepal", which aims at reactivating the documentation and information centre, and developing the policy and programme frameworks to reduce the worst forms of child labour. The Committee asks the Government to provide information on the concrete measures taken under the project and their impact on eliminating the worst forms of child labour.

4. Project for the elimination of bonded labour. The Committee notes that in 2000 the Government launched, with the assistance of ILO/IPEC and the ILO InFocus Programme on Promoting the Declaration, a three-year project entitled "Sustainable elimination of bonded labour" which aims at: (i) strengthening the capacity of the Government and non-governmental organizations to create the enabling environment for the effective rehabilitation of bonded labourers; (ii) raising awareness on the effective mechanisms to rehabilitate adult and child bonded labourers; and (iii) rehabilitating and providing training to 14,000 kamaiya families (i.e. bonded labourers). Due to the political and economic crisis in the country, the project was extended to August 2005 to explore ways of strengthening links with existing partners, including the Government, to promote the sustainability of the project’s achievements. The Committee asks the Government to provide information on the impact of the abovementioned programme on the elimination of child bonded labour.

5. Children in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraphs 305, 306, 307 and 311) that it launched, in the 1990s, programmes such as "Bisheswor with the poor" and "Ganesh man peace campaign" to prevent the recruitment of children for use in armed conflict. It adds that it has prepared a list of children affected by armed conflict and has plans to rehabilitate them. The Committee nevertheless notes that, according to the ILO/IPEC progress report on the implementation of the time-bound programme (December 2004), the number of children involved in the internal armed conflict is increasing. Child recruits work as porters, sentries and messengers. It also notes that the United Nations Country Team in Nepal has initiated contacts with the Communist Party of Nepal-Maoist (CPN-M) to discuss under-age recruitment (United Nations Security Council, General Assembly, 59th session, 9 February 2005, A/59/695-S/2005/72, paragraph 41). The United Nations Security Council indicates that no commitment or action plan to stop the recruitment and use of children emerged from these discussions, nor have child disarmament, demobilization and reintegration programmes been established. It adds that intensified conflicts between the CPN-M and government forces resulted in large numbers of children being trained as soldiers in CPN-M strongholds in the districts of Jumla and Jajarkot in mid-western Nepal. The Committee reminds the Government that, by virtue of Article 6 of the Convention, member States shall design and implement programmes of action to eliminate as a priority the worst forms of child labour, which includes the forced recruitment of children in armed conflict. The Committee accordingly requests the Government to redouble its efforts to eliminate the forced recruitment of children in armed conflicts. It also asks the Government to provide information on the results achieved.

Article 7, paragraph 1. Penalties. The Committee observes that section 8 of the Trafficking in Persons (Prohibition) Act provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the sale and trafficking of persons and the procuring of women for prostitution. The Children’s Act also provides for sufficiently adequate penalties for the use and involvement of children in an "immoral profession", and for the involvement of children in the sale, distribution or trafficking of alcohol, narcotics or other drugs (section 53(2)). Section 19 of the Child Labour (Prohibition and Regulation) Act provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the employment of children in hazardous occupations and forced child labour. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Debt bondage. The Committee observes that, by virtue of section 16 of the Kamaiya Labour (Prohibition) Act, whoever employs a debt labourer is liable to a fine of Rs.15,000 to Rs.25,000 and shall compensate the debt labourer. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly requests the Government to provide information on the measures taken to ensure that persons who employ child debt labourers are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 2. Time-bound measures. The Committee notes that a time-bound programme (TBP) was launched in June 2002 with the assistance of ILO/IPEC. The objective of the TBP is to support the Government to eliminate, within a seven-year period, seven selected worst forms of child labour. The priority target groups are children engaged in bonded labour, domestic service, rag picking, portering, carpet weaving, mining and child victims of trafficking. It also notes that, according to the ILO/IPEC progress reports on the implementation of the TBP of July and December 2004, the initial objectives of the TBP were modified to achieve less ambitious and shorter term objectives due to the political and economic crisis that has paralysed the country. The Committee encourages the Government to pursue its effort to implement the TBP so as to eliminate the worst forms of child labour or at the very least prevent the engagement of children in the worst forms of child labour, which are the focus of the TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that one of the objectives of the Poverty Reduction Strategy Paper (2002-07) (page 104) is to improve the quality of and access to education, especially primary education. It also notes that the Government launched, in 2004, a nine-year programme entitled " Education for All Programme" which aims at increasing the literacy rate, improving the quality of education, and increasing access to education, especially for girls. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to continue its efforts to improve access to free basic education for all children.

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 that, according to the ILO/IPEC progress reports (July and December 2004) on the implementation of the TBP, about 1,800 children have been withdrawn from the worst forms of child labour since the launching of the TBP. The progress reports nevertheless indicate that the number of children involved in the worst forms of child labour appear to be on the increase. The Committee also notes that the security situation in the country demands that project interventions be refocused on the Kathmandu Valley and district capitals. The ILO/IPEC works with partners that can operate in difficult circumstances and reach children in need of immediate assistance. Thus, partners have opened drop-in centres for working children, many of whom are conflict affected and internally displaced. The Committee asks the Government to pursue its efforts to withdraw children from the worst forms of child labour and ensure their rehabilitation, and to provide information on the results achieved.

2. Ragpickers. The Committee notes that, according to the ILO/IPEC rapid assessment on child ragpickers (Executive summary, November 2001), Nepal counts approximately 4,000 ragpickers with the highest concentration in Kathmandu Valley and Dharan. The large majority of these children are boys aged 10-14 years who migrate from rural or hill regions. Ragpicking entails the sorting, collecting and selling of various waste materials that can be found at dumpsites, riverbanks, street corners or in residential areas and consist primarily of plastics, bottles, cardboard, tin, aluminium, iron, brass and copper. Child ragpickers are exposed to tetanus and other infections (such as HIV/AIDS) caused by cuts from sharp metal pieces, broken glass, and other materials. The likelihood of falling ill is very high since they operate in unhygienic, polluted areas and consume dirty, unhealthy food and water. The Committee notes that rag picking was determined as a priority area for intervention under the TBP. The Committee accordingly asks the Government to provide information on the concrete measures taken to withdraw and rehabilitate child ragpickers.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that the project entitled "Sustainable elimination of bonded labour in Nepal" has mainstreamed 108,714 children in formal schools, and has provided non-formal education to 4,879 children of former kamaiyas (ILO/IPEC progress report, September 2004, page 3). The Committee encourages the Government to pursue its efforts to ensure that former child debt labourers and children engaged in other worst forms of child labour have access to education.

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee notes that, according to the ILO/IPEC rapid assessment on the situation of child domestic labourers in Kathmandu (November 2001, pages viii-x, and 1), Nepal counts approximately 83,000 child domestic labourers. More than two-thirds of them work 14 hours or more per day, usually beginning at 5 a.m. Their main chores include kitchen work, dishwashing, child minding, clothes washing, house cleaning, cattle raising and shopkeeping. About 50 per cent of domestic child labourers are not paid for their services. They are highly vulnerable to abuse and exploitation. The Committee notes that domestic service has been determined as a priority area under the TBP. The Committee accordingly asks the Government to provide information on the measures taken or envisaged under the TBP to ensure that child domestic workers do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes that, according to the TBP project document of January 2002 (page 24), whenever females are seen to be in a particularly disadvantageous position, gender-specific interventions, measures and activities will be incorporated in order to take affirmative action.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that a High-level Inter-Ministerial Committee has been established to coordinate and supervise the implementation of the Master Plan of Action and the TBP. The Committee also notes that the National Task Force Against Trafficking, which has been established with the assistance of ILO/IPEC, is responsible for coordinating the national programmes on trafficking (ILO/IPEC project document TICSA, 26 September 2002, page 23). The Committee accordingly asks the Government to provide information on the concrete measures taken by the abovementioned bodies to implement the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that Nepal is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and the Protocol on the Involvement of Children in Armed Conflict in 2000.

2. Regional cooperation. The Committee notes that Nepal participates in the South Asian Association for Regional Cooperation (SAARC), which was established in 1985 by Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka to accelerate the process of economic and social development. One of the objectives of the SAARC is to combat child trafficking, raise school attendance and literacy rates and to create a positive socio-economic environment for children. In 2002, the Government signed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, which objective is to promote cooperation amongst Member States to effectively deal with the various aspects of trafficking. According to the ILO/IPEC TICSA report of September 2002 (page 20), the signatories have committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee accordingly asks the Government to indicate whether a regional plan of action has been established.

 3. Bilateral cooperation. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraph 375), the problem of cross-border trafficking could be solved if both India and Nepal make it a political agenda, and law enforcement agencies in both countries cooperate to address the issues of compensation to the victims of trafficking and equal responsibility of both the countries of origin and of destination while working for the repatriation of trafficked children. The Government adds that recently cooperation has increased. The Committee accordingly requests the Government to provide information on concrete measures of cooperation taken by Nepal and India to eliminate child trafficking, and the results achieved.

4. Poverty reduction. The Committee notes that, according to the Tenth Plan Poverty Reduction Strategy Paper (National Planning Commission, May 2003, page 25), 42 per cent of people were living below the poverty line in 1995-96 in Nepal. It also notes the Government’s indication that the Poverty Reduction Strategy Paper (2002-07) (PRSP) targets the elimination of child labour. The PRSP aims at reducing the overall poverty ratio to 30 per cent by 2006-07. The PRSP is based on four pillars: broad-based high and sustainable growth, social sector development with emphasis on human development, targeted programmes with an emphasis on social inclusion and improved governance. The Committee asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been given by courts of law involving questions of principle relating to the application of the Convention. However, it notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.30, 3 December 2004, paragraph 371), 135 to 150 complaints relating to trafficking were filed in the court. The Committee accordingly asks the Government to provide information on these cases and the penalties imposed.

Part V of the report form. The Committee observes that, according to the ILO/IPEC progress report on TICSA (March 2004, page 7), a regional study on the demand side of trafficking in women and children shall be completed in 2005. It asks the Government to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.