Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Népal (Ratification: 2002)

Autre commentaire sur C182

Observation

Demande directe

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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 persistence of practices such as kamlari, a form of bonded child labour affecting girls from the Tharu indigenous community.

The Committee notes the Government’s information that kamlari system is prohibited under the Kamlari Prohibition Act of 2013. The Government report indicates that several measures are being taken to eliminate bonded labour of children and to provide for their rehabilitation, social reintegration and access to education. These measures include: mobilizing civil societies, in collaboration with the District Child Welfare Board and Labour offices, in freeing kamlari and providing for their rehabilitation; launching campaigns against the worst forms of child labour in the formal and informal sectors; and providing opportunities for education and vocational training for freed kamlari through targeted scholarship, hostel and livelihood facilities. The Government indicates that under the Kamlari Scholarship Directives implemented by the Ministry of Labour and Employment (MoLE), financial assistance is provided, until grade 12, for freed kamlari girls who go to school from their homes as well as for those who stay in hostels. So far, 8,000 girls have benefited from this initiative. Furthermore, 425 kamlari girls are using hostel facilities established in the five districts where kamlari system prevails. The Government further indicates that a total of 12,000 freed kamlari girls have received education, including vocational training, since the implementation of the National Plan of Action Against Child Bonded Labour, 2009. The Committee notes, however, that the Committee on the Rights of the Child, and the United Nations Human Rights Committee on International Covenant on Civil and Political Rights, in their concluding observations of 3 June 2016 (CRC/C/NPL/CO/3-5, paragraph 67) and 15 April 2014 (CCPR/C/NPL/CO/2, paragraph 18), respectively, expressed concern about the continuity of practices of bonded labour such as Haliya (agricultural bonded labour practice), Kamaiya and Kamlari in some regions of the State party. While noting the measures taken by the Government, the Committee urges the Government to strengthen its efforts to ensure the complete elimination of bonded labour of children under 18 years of age and to pursue its efforts to ensure that child victims of bonded labour receive appropriate services for their rehabilitation and social reintegration, including access to education. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

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” under sections 2(a) and 16(1) of the Children’s Act, 1992 applies only to children under 16 years. It noted the Government’s indication that appropriate amendments would be made to the Children’s Act.

The Committee notes the Government’s information, in its report, that the draft Children’s Act contains provisions prohibiting the use, procuring or offering of all children under 18 years for the production of pornography or for pornographic performances. The Committee expresses the firm hope that the draft Children’s Act which contains provisions prohibiting the use, procuring or offering of all children under 18 years of age for the production of pornography, will be adopted in the very near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Production and trafficking of drugs. The Committee previously noted that pursuant 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.

The Committee notes the Government’s information that the draft Children’s Act contains provisions prohibiting the use, procuring or offering of all children under 18 years of age for the production and trafficking of drugs. The Committee urges the Government to take the necessary measures to ensure that the Children’s Act which prohibits the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and trafficking of drugs, is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

2. 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.

The Committee notes the Government’s statement that it is in the process of amending the Begging (Prohibition) Act in order to prohibit the use, procuring or offering of children under 18 years of age for begging. The Committee expresses the firm hope that amendments to the Begging (Prohibition) Act prohibiting the use, procuring or offering of all children under 18 years of age for begging, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. With regard to the prohibition of hazardous work by children under 18 years of age and on the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 7. Monitoring mechanisms and penalties. Trafficking. In its previous comments, the Committee noted the Government’s statement that, as Nepal was one of the poorest countries in South Asia, and as it had an open border with India, some types of human trafficking had flourished. The Committee urged the Government to take immediate measures to strengthen its efforts to combat the trafficking of children under 18 years of age and requested 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.

The Committee notes the Government’s information that a National Committee on Controlling Human Trafficking, District Committees on Controlling Human Trafficking in 75 districts and local committees in 109 villages were established for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007. Moreover, the Women and Children Service Directorate, under the Nepal Police, provides services to all the Women and Children Service Centres in dealing with cases relating to trafficking in persons. The Government also indicates that the Nepal Police and the Central Child Welfare Board (CCWB) are the two institutions involved in rescuing trafficked children. According to the data provided by the Government, in 2012–13, the CCWB rescued 134 child victims of trafficking (including 129 boys and five girls) and the Nepal Police rescued 136 child victims of trafficking. Information on court cases indicates that in 2013–14, there were 518 cases relating to trafficking in persons, of which decisions were handed down in 168 cases and 78 of them were decided in favour of the victims of trafficking. However, the Government states that no information on cases related to trafficking of children is available.

The Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR) and the United Nations Human Rights Committee on International Covenant on Civil and Political Rights (CCPR), in their concluding observations of 12 December 2014 and 15 April 2014, respectively, expressed concern at the high number of children who are trafficked for labour and sexual exploitation, as well as for begging, forced marriages and slavery, including in neighbouring countries (E/C.12/NPL/CO/3, paragraph 22; and CCPR/C/NPL/CO/2, paragraph 18). The CESCR and the CCPR also expressed concern at the ineffective application of the Human Trafficking and Transportation (Control) Act and at the lack of information on investigations, prosecutions, convictions and sanctions imposed on traffickers. The Committee also notes from the National Report on Trafficking in Persons by the National Human Rights Commission, March 2016 (Report of the NHRC) that the massive earthquake of mid-2015 has greatly increased the vulnerability of trafficking, especially of women and children. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age are carried out, in particular by reinforcing the capacities of the authorities responsible for the enforcement of the Human Trafficking and Transportation (Control) Act, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures adopted in this respect and on the results achieved. The Committee also requests the Government to provide information on the measures taken by the national, district and local committees on controlling human trafficking to combat trafficking of children and the results achieved.

Labour inspectorate and the application of the Convention in practice. The Committee previously noted the Government’s statement that the practices of the worst forms of child labour in domestic work, mines, the carpet industry and in rag picking remained a matter of great concern for the Government.

The Committee notes the Government’s information that the draft Labour Act contains provisions to entrust the labour inspectors to monitor the employment of children in the worst forms of child labour. In this regard, the labour inspectors are provided training through ILO, UNICEF and CCWB on issues related to child labour and child rights. The Government report further indicates that in 2014–15, the Women and Children Directorate of Nepal Police withdrew 955 children while the CCWB withdrew 737 children from the worst forms of child labour. However, the Government states that monitoring the worst forms of child labour, particularly in the informal economy, is a difficult task. An increased number of labour offices with an increased number of labour inspectors with a specific mandate and adequate resources are required to oversee and overcome the problems relating to child labour. The Government also states that children identified and withdrawn from the worst forms of child labour are not ensured and guaranteed access to education and vocational training due to lack of resources. The Committee notes that according to the ILO World Report on Child Labour, 2015, 19.4 per cent of the total number of children aged between 15–17 years are involved in hazardous work. Moreover, the Committee on the Rights of the Child, in its concluding observations of 3 June 2016, expressed concern that over 600,000 children are engaged in the worst forms of child labour (CRC/C/NPL/CO/3-5, paragraph 67). The Committee expresses its deep concern at the high number of children involved in the worst forms of child labour. The Committee accordingly urges the Government to redouble its efforts, including through strengthening the capacity and expanding the reach of the labour inspectorate, to combat the worst forms of child, including in the informal economy. In this regard, it requests the Government to take the necessary measures to ensure that the draft Labour Act which will enable the labour inspectorate to monitor the employment of children in the worst forms of child labour, is adopted in the near future.

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