Submitted by crinadmin on
Summary: On Friday 20th May, the Commitee examined
the second periodic report of Nepal. This
summary highlights the main issues discussed
by the government delegation and members
of the Committee; it is produced by the NGO
Group for the Convention on the Rights of the
Child.
Nepal ratified the Convention on the Rights of the Child (CRC) in 1990. The
Committee on the Rights of the Child (the Committee) met with State Party
representatives on 23 May 2005 to consider Nepal’s second periodic report
on the implementation of the CRC.
Opening Comments
Mr. Rabindramin, the head of the Delegation began by underlining the new
legislation that was adopted, such as the Children’s Act and the Local Self
Governance Act. The National Plan of Action addressed children’s issues
and was the guiding document on development, protection and
participation of children. The State had made efforts to implement the CRC,
by collaborating with children, UNICEF and NGOs in programmes on health,
education, trafficking, sexual exploitation, and child labour.
The Delegation highlighted the escalation of violence in Nepal over the
previous nine years due to the Maoist insurgence. It had resulted in many
people becoming homeless, orphaned, widowed, or forced to become child
soldiers. The Government was committed to improving overall human
rights, although many targets had not been met due to severe poverty
and political instability.
The Country Rapporteurs Ms. Smith and Mr. Siddiqui, warmly welcomed the
delegates. They highlighted Nepal’s natural resources, strong culture and
proud people. Economically Nepal was extremely poor, ranking 140 out of
170 countries, with 40% of the population living under the poverty line.
Positive changes included legislation about community services options for
juveniles, extensions of juvenile homes rather than prison, and the
Supreme Court’s move against corporal punishment.
The internal conflict’s dire consequences on children made it difficulty for
the Committee to formulate remarks. The King and his Government was
responsible to protect children even in times of conflict despite the
difficulties. The Committee was aware that the Maoists committed the
worst atrocities, and the Government could not control them.
Legislation
The Committee asked about the level of harmonisation between the CRC
and national legislation. It was told that Human Rights treaties supersede
local legislation. When asked about whether UNICEF was consulted for the
National Plan of Action, the Delegation confirmed that the approved 10-
year plan was based on ‘A World Fit for Children’. UNICEF and civil society
were involved in this process.
Budget
The Committee condemned the Maoist insurgency, but confirmed the
Government’s responsibility to address the deprivation of marginalized
people that foster uprisings (e.g. the Maoist). The Delegation that
indicated the Government was trying to address these issues, but the
Maoist wanted to establish a one party State.
The Committee enquired about standards of living and the effectiveness of
social security in the conflict situation. It also wanted to know about
progress in reducing poverty and the extent of support from other states.
The Committee noted that the Government’s budget had tripled. It asked
how this affected children and the amount spent on school constructions,
books, and scholarships. The Committee asked about the 2005 budget and
recommended that allocations for children be more clearly defined in the
next budget report.
The Delegation indicated a commitment to ensure the implementation of
the CRC despite the insurgency and poverty. A recent World Bank report
indicated that poverty had decreased by 9%. The Government was also
doing its best to provide shelter for 100,000 refugees.
Child Participation
The Committee asked about the importance of children’s views in schools.
The Delegation indicated that children were encouraged to participate,
with 3,500 children’s clubs established as well as school cultural groups
and literary magazines. This was not the traditional practice of the
Nepalese culture but it was changing.
Child Labour
The Delegation indicated child labour was decreasing and that the
Government was developing a bylaw on child labour and a regulation act.
This would deal with the formal sector issues. The informal sector was
being dealt with by social workers. The number of children going to school
was increasing.
Juvenile Justice
The Committee asked if pre-trial detention was the same as custody. The
Delegation stated that correction homes used to serve sentences were the
same for pre-trial and custody. The Committee asked who decided about
pre-trial detention. The Delegation said that the police had to present a
child to the legal authority within 24 hours. The latter then decided on
custody or release.
Corporal punishment
The Committee noted there was a law that condoned corporal punishment
and asked if it had been amended.
Adoption
The Committee asked if lower class children were discriminated against in
adoption and asked about the cost of adoption. It also wanted to know
which authorities decided that a child had no family. The Committee
warned that if the State was not careful, children would be trafficked. The
Hague Convention offered some protection against the purchase of
children.
The Delegation indicated there was no problem of discrimination, but the
Nepalese preferred newborn sons. In addition, Aryan people chose Aryan
children and Mongolian people chose Mongolian children. Adoption was
free in Nepal. Certain children in institutions had been put there illegally for
adoption. Children would not be put up for international adoption because
they were poor. The Delegation informed the Committee that there were
formal institutions for adoption. Nepal had not yet signed the Hague
Convention.
Armed Conflict
The Committee noted that the Maoists recruited children for their armed
forces. Children made up as much as 30% of the armed forces. There were
also reports that the Government used children as spies and for other
activities. The Committee asked what the Government did to protect these
children and what it did with children it captured. Perpetrators seemed to
benefit from impunity. The delegates admitted that underage children used
to cook and carry out other activities in the military, but this was no longer
the case. Nepal was working towards signing the Optional Protocol on the
involvement of children in armed conflict. The Delegation noted that the
Government was trying to coordinate partnerships with civil society. Over
300 children who were displaced by the conflict had been reintegrated.
The Committee noted the numerous disappearances, burning, bombing
and closing of schools and wanted to know how the Government brought
perpetrators to justice. The Delegation responded that the conflict had
created great difficulty and the Government was doing what it could. The
Committee also asked for further information concerning military
executions. The Delegation stated that the Government was unable to
prosecute due to a lack of willing witnesses (even with witness protection).
They also did not have accurate numbers on people killed.
The Committee noted the increasing problem of disappearances in Nepal.
There had been 1,629 complaints on disappearances, with over 1200
attributed to the army and 300 to Maoists. The Delegation responded that
most cases were complicated by the absence of a registration process.
When the Special Rapporteur went to Nepal, he received full cooperation
and found that 60% of the people were freed from the jail, 25% were still
in jail, and 6% were dead.
The Committee asked what happened if the State army committed crimes
such as rape or murder. The Delegation answered that when the military
was involved, the case was forwarded to the civilian court for trial. In the
case of rape, half the property of the perpetrator could go to the victim.
Birth Registration
The Committee noted the lack of registration of children in rural areas. In
addition, mothers were not allowed to register their children, leaving them
vulnerable. The Committee also wanted to know about birth registration of
Bhutanese refugees. The Delegation noted that birth registration was not
part of Nepalese culture. However, the trend was increasing. Together
with UNICEF they were able to register people even if they did not have
birth certificate.
Health
The Committee asked questions about disabilities, immunisations, stunting
and infant mortality. Clean water and the promotion of breastfeeding were
emphasised. Additional questions about the structural organisation of
health and disparities between rural and urban areas were asked. In
addition, they wanted to know about the effects of privatisation and
decentralisation. The Committee also asked about the measures taken to
deal with interruptions (due to the armed conflict) on vaccination
programmes and whether international programmes could facilitate the
continuation. They noted that the basic right to life was not being met due
to the conflict and poverty.
The Delegation confirmed that a health focus was the provision of safe
drinking water. HIV/AIDS was a new issue and a strategy was being
developed. More expertise and support were needed from the
international community. The Delegation indicated that there was no
privatisation plan for governmental hospitals, although there were private
hospitals.
The Committee noted that abortion appeared to be banned, but it learnt
that it was available in cases of rape, incest and poor health conditions.
Disabled Children
The Committee noted that in 1996 the State party said it would distribute
a special card for the disabled. The Delegation answered that disabled
children received free schooling and special allowances for books and other
needs. Society and families of disabled children still had negative attitudes
towards them, even if the level of acceptance was increasing. Health,
development and education sectors worked together to provide
appropriate services.
Street Children
The Committee asked about the services provided to street children. The
Delegation answered that 300,000 children were on the street and that
some programmes were available. The Government was negotiating with
institutions and UNICEF to collaborate on this issue. Many children ended
up in care when mothers went to jail, as fathers remarried and abandoned
their children.
Sexual Exploitation
The Committee asked what was happening in the area of girl trafficking.
Discrimination
The Committee commented on the discrimination against Dalit children and
the girl child. It wanted further information about the extent of the
problem. The Committee enquired whether the dowry system, which puts
girls at risk, was still used and if females married to foreigners were
refused citizenship. The Committee was also interested in the differences
between boys and girls in areas of nutrition and child labour. The
Committee commented on marginalized children and its concerns about the
Dalit, the indigenous, the disabled, and minorities. It mentioned the Deuki
and Jhuma who were given to the temple for God, the Kumari given as
living goddesses to the temple, the Badi who were born into prostitution,
and the Kamlaris whose daughters were given to landlords in exchange for
land.
The Delegation reported that the Badis were no longer entering the sex-
trade, as a result of awareness programmes. Parents did not want their
children to have the same life. Children of Badis received citizenship based
on the word of their mothers, as fathers were often unidentified. Kamlaris
were given land but there were continuous problems due to poverty. The
Government had started various programmes to deal with poverty and
marginalization. The Dalit, disabled children, and ethnic minorities were
provided with uniforms and incentives to attend school.
Education
The Committee commented on a study about the conflict causing poverty
and resulting in children being pulled out of school because their mothers
worked. The Delegation agreed this was the case. The Committee asked
about the State’s declaration of schools as peace areas and asked if any
efforts were made to agree on this with the Maoists. Unfortunately, the
latter had not been in negotiation with the Government since 2003. The
State was hoping the Maoists would agree and many NGOs and
organisations had tried to convince them. The chair of the Committee
assumed that the State would appreciate the Committee’s support in
defining schools as zones of peace.
The Committee heard about fees for school and reminded the Delegation
of the Dakar framework for free education for all. It planned to provide
free, compulsory, and good quality education by 2015. The Delegation
indicated that school was not mandatory. If it was, there would be no way
of enforcing it.
Concluding Remarks
The Country Rapporteurs noted positive changes in legislation and
promising programmes. There was good cooperation with NGOs,
international organisations and other donors. The continuous conflict was
leading to the suffering and death of many children. Nepal, in many ways,
was not a country fit for children. Even the right to life was not met. The
Rapporteurs were looking forward to new commissioners to the HR
commission so this important work could continue. The Rapporteurs
realised that the Maoists committed the worst atrocities, and that the
Government could not do anything about it. The King said that he would
restore peace in the following three years. The Committee urged the
Government and Maoists to respect the schools and children’s rights to life.
The Head of the Delegation thanked the Committee and noted that Nepal
had good programmes despite problems in implementation. This required
international cooperation and dialogue. The State was committed to good
cooperation with the Human Rights Commission in Nepal and with the CRC
Committee.