NEPAL: UPDATE OF CHILD LABOR INFORMATION 2007

UNCLAS SECTION 01 OF 04 KATHMANDU 002038

SIPDIS

SIPDIS

DOL/ILAB FOR TINA MCCARTER AND DRL/IL FOR TU DANG, AND INFO
GENEVA

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID NP
SUBJECT: NEPAL: UPDATE OF CHILD LABOR INFORMATION 2007

REF: STATE 158223

Introduction
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1. As requested by Reftel, Post is providing current
information on child labor, especially its worst forms, as
well as on efforts by the Government of Nepal (GON) to
address the problem. Emboff collected information from the
Ministry of Labor and Transport (MOLT),the Ministry for
Women, Children and Social Welfare (MWCSW),the National
Planning Commission, International Labor Organization, UNICEF
and several local NGOs working in Nepal to combat the worst
forms of child labor.

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Section A - Laws and Regulations
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2. Nepal has a number of laws governing child labor
including: the Labor Act (1990),the Children's Act (1992),
the Forced Labor Act or "Kamaya" Labor Prohibition Act
(2000),the Child Labor Regulation and Prohibition Act (2000)
and the Human Trafficking Control Act (2007). In addition to
these laws both the Interim Constitution and the
Comprehensive Peace Accord contain provisions prohibiting
certain forms of child labor and calling for the protection
of children. While the legislation in Nepal governing child
labor is extensive, many of the laws contain conflicting
provisions and there is very little enforcement.

3. The Child Labor Prohibition and Regulation Act of 2000
(CLPA),which entered into force in November of 2004, is
currently the most comprehensive law governing child labor.
The CLPA governs the minimum age for employment and regulates
the terms and conditions for working children. A child is
defined as a person who has not yet reached 16 years of age
but sets 14 as the minimum age for employment. Children
between the ages of 14 and 16 can be employed for a maximum
of 36 hours a week but the CLPA requires that the employer
first obtain consent from the local labor office (or a person
identified by the labor office) and a guardian, as well as
acquire medical certification of the child's fitness to
perform the work. The work must not take place for more than
six hours a day, thirty-six hours a week, or between the
times of 6 P.M. to 6 A.M. The employer must grant half an
hour's rest after 3 hours of work. The CLPA prohibits the
employment of children (e.g. anyone under 16) in "any risky
job or enterprise" and includes a schedule defining risky
jobs. The schedule is very broad and includes almost every
possible form of employment from tourism to transport,
manufacturing and mining. The CLPA also prohibits the
employment of children against their will.


4. The Comprehensive Peace Accord signed in 2006 prohibits
violence against women and children, the sexual exploitation
and harassment of women and children and the conscription of
children (under the age of 18) into the armed forces. In
2006 Nepal also ratified the Optional Protocol of the
Children's Rights Convention (CRC) which proscribes the
involvement of children in armed conflicts. Article 22 of the
Interim Constitution, signed in January 2007, sets forth a
list of child rights and prohibits the employment of children
in hazardous work and their conscription into the armed
forces. Article 29 prohibits human trafficking, slavery,
serfdom and forced labor in any form.


5. In July 2007 the Government of Nepal (GON) enacted the
Human Trafficking Control Act. This law states that a child
is a person who has not attained the age of 18 years. It
prohibits the sale and trafficking of children under 18 for
labor or sexual exploitation. In addition, different
sectoral laws including the Country Code of 1963, the Begging
Prohibition Act of 1992, the Public Offense and Punishment
Act of 1970, the Local Self Governance Act of 1998, the Army
Act and the Narcotics Drugs Control Act of 1959 all have
provision that bar the use of children in illegal activities.


6. In 2002 Nepal ratified Convention 182 and there are
several documents which identify hazardous employment or the
worst forms of child labor. The CLPA contains a schedule
entitled "Risky Jobs or Enterprises." However, the

KATHMANDU 00002038 002 OF 004


overbroadness of this schedule makes is impractical and
unenforceable. Over 61 sectors are identified, including
many areas that would not necessarily be defined as
hazardous, such as tourism, golf and washing for example.


7. The Ministry for Women, Children and Social Welfare has
drafted a new law titled the "Child Protection Act." This
law is based on the human rights framework and closely
follows the Convention of the Rights of the Child. If passed
the Act would correct many of the inconsistencies in existing
legislation and authorize compulsory education and free
health care. The MWCSW hopes that it will be submitted for
consideration during the next parliamentary session.

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Section - Regulations, Implementation and Enforcement
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8. Government agencies that enforce child labor laws have a
number of legal remedies available to them. The CLPA
contains provisions for criminal penalties and civil fines.
However, these provisions have never been enforced and are
largely inadequate to punish and deter violations. The most
stringent punishment provided is imprisonment for a term not
exceeding one year. In contrast, the new 2007 Human
Trafficking Control Act provides for life imprisonment, but
it is too early to tell if this law can and will be enforced.
In the absence of a strong government and functional
security force, it is not surprising that enforcement of
these laws is negligible. In addition the Ministries lack
the necessary resources to truly combat the problem.


9. The GON has devoted very limited resources to
investigating child labor violations. The Ministry of Labor
and Transportation employees only 10 labor inspectors for the
entire country and these inspectors are responsible for all
labor issues - not just child labor violations. Women
development officers in each district are tasked with
monitoring violation of children's rights but have no
authority for inspection or prosecution. In general, child
labor investigations are only undertaken when civil society
demands them. In some communities social pressure has
compelled employers to offer their child domestic laborers
the opportunity to attend school.


10. In 2007 the MOLT provided five training programs for
labor inspectors and their staff on issues related to labor
relations and skill development. While child labor issues
were included none of the training programs were specifically
focused on child labor.

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Section C - Social Programs
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11. The GON has supported a limited number of initiatives to
prevent the worst forms of child labor. In 2007 the MWCSW
began a rehabilitation program for trafficking victims. The
program will provide shelter and services to one hundred
girls in three communities in 2007/2008. The "Child
Development and Rehabilitation Fund" offers informal
education and day care services to approximately 400 children
of workers in the carpet manufacturing sector. The GON also
supports a number of shelters for homeless children. In 2007
the MOLT sponsored a radio and TV campaign to increase public
awareness and this program will continue, at least, through
July of 2008. The GON is supporting children effected by the
conflict through a special cash transfer program under which
each child receives 1200 NRPs a month. The GON supports a
number of other programs that either directly or indirectly
impact child labor, but relies heavily on the donor community
for financial support.

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Section D - Comprehensive Policy to Eliminate Worst Forms
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12. The GON is addressing child labor in the context of a
larger child protection framework. Children are believed to
be at risk because of inadequate health and education and
endemic poverty. The GON is attempting to address these

KATHMANDU 00002038 003 OF 004


issues in different sectors through the joint implementation
of plans developed to address labor, education, health, and
the protection of women and children. In 2004 the GON
adopted a comprehensive policy to eliminate the worst forms
of child labor by 2009 and all forms of child labor by 2014.
In 2005 a Labor and Employment Policy was developed with a
separate section on child labor with the elimination of child
labor as an objective. The MWCSW also has a ten-year
National Plan of Action for Children. These policies are
incorporated into the GON's National Plans.


13. The National Planning Commission has prepared a new three
year interim plan which will run from 2007/2008 through
2010/2011. The plan includes a commitment to implement the
National Master Plan on Child Labor. Child labor is seen as
a cross-cutting issue that is best addressed by increasing
social sector investment in health and education and poverty
alleviation programs. Funds allocated for the protection of
children will be used to provide assistance to
conflict-affected children and children from marginalized
communities, as well as, additional spending on education and
health services.


14. Education is not compulsory and is free by law only up to
grade five. However, in practice, education even up to grade
five is not free and there are a number of fees, including
tuition, books, uniforms, etc. The Interim Constitution
states that education is free up to grade ten but the GON has
not passed the necessary implementing legislation and in
practice almost all schools charge fees. The GON has
committed to achieving universal primary education by the
year 2015. The Government's "Education for All" (EFA)
program, supported by the World Bank, is designed to ensure
that all school-age children receive an education. Under
this program the GON has started several initiatives to
increase school enrollment by providing free books, tuition
free primary education, scholarships, cooking oil and mid-day
meals.

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Section E - Progress
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15. The most recent studies that exist on age and gender of
working children, disaggregated by industry/work
activity/good were conducted in Nepal by the ILO in 2000 and

2001. According to these studies, the largest number of
child laborers were found in domestic service (55,655)
followed by child porters (46,029) and child bonded laborers
(17,152). However, the situation has changed in the last six
years and reports from NGO workers in this field indicate
that this data is no longer accurate. As described below the
number of child laborers in the formal sector is decreasing
while the number in the informal sector is increasing.


16. Attitudes regarding domestic workers have changed and
there is increasing social pressure to send children to
school. Child labor in the formal manufacturing and
industrial sector is decreasing and there are fewer and fewer
children in the factories. However, child labor in the
informal sector is growing. Manufacturers are increasingly
outsourcing labor to children in their homes in order to
evade detection. Children in the villages are cleaning the
wool, embroidering the garments and packing the goods, etc.,
outside of the reach of the few labor inspectors. Many
children displaced during the conflict ended up in urban
centers and there has been a dramatic increase in children in
the entertainment sector, including cabin restaurants,
massage parlors and prostitution. In addition, children are
increasingly found in the transportation sector and
mechanical workshops and children are still trafficked to
India for agriculture, circus and sex work. According to the
MOLT over 12,000 girls alone are trafficked to India each
year. Although the GON officially abolished the Kamaya
(bonded labor) system in 2000, a large number of Kamaya
children remain enslaved and continue to work as bonded
laborers.


17. The Communist Party of Nepal-Maoist (CPN-M) recruited a
large number of children into its ranks, particularly in
November 2006. Many of these children are currently living

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in one of the seven cantonment camps set up to accommodate
the Maoist People's Liberation Army after the Comprehensive
Peace Agreement was signed in November 2006. The United
Nations is the process of finishing its verification of the
combatants and has found a large number of children under the
age of 18 inside the camps. Although the verification
process has faced considerable problems, including lack of
birth registrations, it is generally believed that there are
several thousand children inside the camps. In addition, the
office of the High Commissioner for Human Rights (OHCHR) in
Nepal has reported that minors attempting to leave the
cantonments have been forced to return by CPN-M cadres. OHCHR
also reported that the CPN-M cadres have threatened human
rights defenders and others working to reintegrate into
society minors formerly associated with the CPN-M.
BERRY