Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that sections 2(a) and 16(1) of the Children’s Act, 1992 prohibit the use or involvement of children under 16 years in an “immoral profession”. Section 16(2) of the Children’s Act prohibits taking, allowing someone to take, distributing or exhibiting a photograph for the purpose of engaging a child under 16 in an immoral profession. The Committee noted the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly was formed and a fully fledged parliament started to function. The Committee requested the Government to provide a definition of the term “immoral profession” as used in the Children’s Act.

The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) in connection with the optional protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) of April 2008 that section 16 of the Children’s Act prohibits the use or involvement of children in pornographic acts (CRC/C/OPSC/NPL/1, paragraph 182). However, the Committee observes that, pursuant to section 2(a) of the Children’s Act, this prohibition only applies to children under the age of 16. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act is amended to prohibit the use, procuring or offering of all children under 18 years of age for the production of pornography, in the very near future, and to provide information in its next report on developments in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee 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. However, the Committee 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 once again the absence of information on this point in the Government’s report, the Committee urges the Government to take the necessary measures to 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.

Use of a child for begging. The Committee previously noted that section 3 of the Begging (Prohibition) Act, 1962 makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. The Committee also noted the Government’s indication 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.

The Committee notes the information in the Government’s report to the CRC in connection with the OPSC of April 2008 that there are instances of cross-border child trafficking for, inter alia, the purpose of begging (CRC/C/OPSC/NPL/1, paragraph 71). In this regard, the Committee recalls that the use, procuring or offering of children for illicit activities, including begging, constitutes one of the worst forms of child labour and should therefore be prohibited for all children under 18 years of age. The Committee requests the Government to take the necessary measures, in the near future, to ensure that the Begging (Prohibition) Act is amended to prohibit the use, procuring or offering of all persons under 18 years of age.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. In this regard, the Committee noted the Government’s statement that the age of a “child” as mentioned in the above legislation needed to be raised to 18 years in order to make it consistent with the provisions of this Convention. It also noted the Government’s indication that appropriate amendments would be made to the national legislation after the elected constitutional assembly was formed.

The Committee notes the Government’s reference to the interim Constitution of 2007, article 22(5) of which prohibits employing a minor in factories, mines or in any other such hazardous work, but observes that the term “minor” is not defined in this legislation. Moreover, the Committee notes an absence of information in the Government’s report on any measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to take the necessary measures, in the very near future, 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, after consultation with the organizations of employers and workers concerned, 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(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

Articles 5 and 7. Monitoring mechanisms and penalties. Trafficking. The Committee previously noted that, pursuant to the provisions of the Human Trafficking and Transportation (Control) Act, 2007, any person guilty of the trafficking of children within or outside of the country shall be liable to penalties of fines and imprisonment. The Committee requested the Government to provide information on the application of the Human Trafficking and Transportation (Control) Act, 2007 in practice, including the application of penal sanctions.

The Committee notes the statement in the Government’s report that, as Nepal is one of the poorest countries in South Asia, and as it has an open border with India, some types of human trafficking have flourished. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 August 2011, expressed concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). Moreover, the Committee notes the Government’s statement, in its report to the CRC for the OPSC of April 2008, that despite widely varied data on cross-border and in-country sale and trafficking of children (and women), the magnitude of the problem is high (CRC/C/OPSC/NPL/1, paragraph 68). The Committee therefore urges the Government to take immediate measures to strengthen its efforts to combat the trafficking of children under 18 years of age. It requests the Government to provide information on the number of cases of trafficking in children detected and investigated, as well as statistics on the number of prosecutions, convictions and penalties applied to perpetrators. To the extent possible, all information provided should be disaggregated by sex and by age.

Labour inspectorate. The Committee previously noted the Government’s statement that child labour in the organized sector is very rare. It also noted the Government’s indication 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 had been registered from 59 districts. The Committee requested the Government to provide 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.

The Committee also notes the information in the Government’s report that 1,200 inspections by factory inspectors were carried out between 2009 and 2011. The Government indicates that no child labour was found in the formal sector through these inspections. The Committee further notes the Government’s statement that the practices of the worst forms of child labour in domestic work, in mines, in the carpet industry and in rag picking remain a matter of great concern for the Government. The Committee therefore urges the Government to intensify its efforts, including through strengthening the capacity and expanding the reach of the labour inspectorate, to combat the worst forms of child labour in the informal sector. It also requests the Government to provide any data collected by the CCWC regarding the number of cases registered related to the worst forms of child labour with its next report.