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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee takes note of the various efforts undertaken by the State party to combat child trafficking and welcomes the information that police officers are being trained in issues relating to sexual exploitation and trafficking of women and children. However, the Committee remains deeply concerned about the perversity of the phenomenon of trafficking and sale of children within Nepal and across the border for the purposes of sexual exploitation and bonded labour. The Committee notes with grave concern that certain groups of children are at a particularly higher risk of being sold and trafficked, including girls, internally displaced children, street children, orphans, children from rural areas, refugee children and children belonging to more vulnerable castes. The Committee further expresses concern that the existing legal protection for victims of trafficking, most notably the Human Trafficking Control Act, is inadequate, and that its implementation is seriously inadequate. The Committee is also concerned that the child victims of sexual exploitation do not receive adequate protection and recovery assistance. The Committee recommends that the State party: (a) Upgrade its system of data collection on the sale, trafficking and abduction of children and ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects; (b) Develop a comprehensive legal framework to protect children from trafficking; (c) Take effective measures to strengthen law enforcement, and intensify efforts to raise awareness in communities about the sale, trafficking and abduction of children; (d) Ensure that the implementation of the National Strategy on HIV/AIDS 2002 2006, Education for All Programme 2004-2009, Master Plan of Action on Child Labour, are all linked to the National Plan of Action on Trafficking, in order to achieve a comprehensive and effective approach; (e) Ensure that appropriate assistance and support are provided to all child victims, including access to basic services by children who are awaiting repatriation; (f) Seek to establish bilateral agreements with neighbouring countries, in particular India, to prevent the sale, trafficking and abduction of children, and to facilitate their protection and safe return to their families; (g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime; and (h) Seek cooperation with, and assistance from, inter alia, UNICEF and the International Organisation for Migration. (Paragraphs 95 and 96) Given the significant number of Nepalese children who are adopted by foreigners and in the context of the current armed conflict in the State party, the Committee is concerned at the lack of a clear policy and appropriate legislation on intercountry adoption, which results in various practices, such as trafficking and smuggling of babies. The Committee recommends the State party to develop and implement policies and legal provisions regarding intercountry adoption to guarantee that the practice of this form of adoption is in full conformity with the principles and provisions of the Convention, in particular, article 21. In this regard, the Committee recommends the State party to, in particular: (a) Ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, in order to inter alia, prevent trafficking and smuggling of children; (Paragraphs 53 and 54) UN Committee on Economic, Social and Cultural Rights The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant: - The large number of women and girls being trafficked for prostitution, and the absence of a demonstrably effective response from the State party with regard to this practice; (Paragraph 11) Access to services for Kamaiyas: The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant: - The problems faced by emancipated Kamaiyas, including lack of housing, land, work, and education for their children; (Paragraph 11) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the adoption of the National Plan of Action against trafficking in children and women for sexual and labour exploitation. However, the Committee is concerned about the lack of specific data on trafficking of women and girls, the lack of effective implementation of the Human Trafficking and Transportation Act 2007, the persistence of sexual exploitation, in particular among the Dalit community, and the persistence of the root causes of trafficking and prostitution, including poverty. The Committee urges the State party to fully implement article 6 of the Convention, through the following: (a) Collecting and analysing data on all aspects of trafficking and prostitution, disaggregated by age, sex and country of origin, in order to identify trends; (b) Implementing the Human Trafficking and Transportation Act 2007 to ensure that perpetrators are punished and victims adequately protected, assisted and provided shelters; (c) Strengthening preventive measures aimed at improving the economic situation of girls and women, gainful employment and other resources to eliminate their vulnerability to traffickers; (d) Strengthening its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking, and improve prevention of trafficking through information exchange; (e) Ensuring effective implementation of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; (f) Ratifying the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children; and (g) Provision of information and training on the anti-trafficking legislation to the judiciary, law enforcement officials, including immigration and border police and social workers in all parts of the country, and undertaking awareness-raising campaign among the population. (Paragraphs 21 and 22) UN Committee against Torture The Committee is concerned about persistent reports of trafficking in women and children and the alleged involvement of officials in acts of trafficking. The State party should reinforce international cooperation mechanisms to fight trafficking in persons, prosecute perpetrators, and provide protection and redress to all victims. (Paragraph 32) UN Special Rapporteur on indigenous peoples On a positive note, indigenous women leaders report a number of achievements in recent years, as the elections to the Constituent Assembly in April 2008 ensured broader representation of previously marginalised groups, including indigenous women. In addition, there is an increase in the availability of legal remedies for violence against women and the ability to file a claim for marital rape. But the widespread implementation of such advances still remains to be seen, and indigenous women expressed the view that they are still lacking in equal decision-making opportunity. The Special Rapporteur received various reports of alarming instances of domestic violence (both physical and psychological), rape and homicide, which to varying degrees seem to go unreported or unprosecuted. Suicide rates were reported to be high among indigenous women. There are also patterns of trafficking of indigenous women and girls. (Paragraph 46) International Labour Organisation Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The ILO Committee had previously noted sections 4(3) and 4(4) of the Trafficking in Persons (Prohibition) Act, according to which forcing a woman by coercion or false promises to engage in prostitution and assisting, encouraging or facilitating any person into prostitution, constitute criminal offences. It had also noted sections 2(a) and 16(1) of the Children’s Act, 1992, which prohibit the use or involvement of children under 16 years in an “immoral profession”. It had noted, however, the Government’s indication that appropriate amendments would be made to the existing legislation, including the Children’s Act, after the elected constitutional assembly is formed and a fully fledged parliament starts to function. The Committee notes with interest that, according to section 4(1) read in conjunction with section 15(1) of the Human Trafficking and Transportation (Control) Act No. 5 of 2007, any person who uses, forces or involves another person in prostitution shall be punished. The Committee once again requests the Government to provide a definition of the term “immoral profession” as used in the Children’s Act. The Committee expresses the hope that the amendments to the Children’s Act will include a prohibition on the use, procuring or offering of both boys and girls under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on the progress made in this regard. Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s statement that according to the labour inspection report of 2007–08 and 2008–09, the figures of child labour in the organised sector is very rare. It also notes the information provided by the Government in its report under Convention No. 138 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 were registered from 59 districts. The Committee requests the Government to continue providing 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. It also requests the Government to indicate how many of the cases registered by the CCWC related to trafficking in children, child sexual commercial exploitation, illicit activities and hazardous work. Police. The ILO Committee had previously noted the Government’s indication that the Nepalese police had established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests 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, and the number of violations detected under the new Trafficking (Control) Act, 2007. Universal Periodic Review (January 2011) A - 106.31. Strengthen the implementation of its Human Trafficking and Transportation (Control) Act 2007 and its Regulation 2008 (Bhutan); further strengthen law enforcement and the judicial system in the efforts to address impunity, prevent domestic violence, and to protect women and children from trafficking as well as physical and sexual exploitation (Malaysia); combat human trafficking and forced prostitution in particular of children (Germany); fight trafficking in persons, prosecute perpetrators and provide protection and compensation to victims (Netherlands); (accepted) A - 108.20. Regarding human trafficking and violence against women and children, take further legislative steps, where necessary, and accelerate efforts for their effective implementation (Japan); (accepted) A - 108.21. Develop a comprehensive legal framework to protect children from trafficking (Austria); (accepted) _______________________________________________________________________ Harmful traditional practices, particularly early marriage UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee notes with concern that certain harmful traditional practices continue to prevail in the State party, most notably the caste system and traditions such as the Deuki, Kumari, Jhuma, Badi, Kamlari and Chaupadi, causing extreme insecurity, health hazards and cruelty to girl children. The Committee regrets the absence of legal prohibition and sufficient interventions on the part of the State party to address the harmful effects of these traditional practices on the enjoyment of rights by children who are affected by these practices. The Committee recommends that the State party, as a matter of urgency, take all necessary measures to eradicate all traditional practices harmful to the physical and psychological well-being of children, by strengthening awareness-raising programmes. The Committee further recommends the State party to adopt legislation prohibiting such practices. (Paragraphs 67 and 68) UN Committee on Economic, Social and Cultural Rights Although certain harmful traditional practices have been prohibited by law, the Committee expresses its continuing concern about the persistence of such practices that violate the rights of women and girls as deuki (dedicating girls to a god or goddess), badi (widespread practice of prostitution among the Badi caste), chaupadi (isolating a woman during menstruation because she is considered to be impure), marrying child brides, and witchcraft. In this regard, the Committee regrets the lack of information contained in the State party’s second periodic report about the full extent of such practices and the efforts being made to eradicate them. (Paragraph 15) The Committee urges the State party to strictly enforce the law prohibiting harmful practices that violate the rights of women and girls such as deuki, badi, chaupadi, marrying child brides and witchcraft. The Committee requests that the State party provide detailed information on the extent of these practices and the measures being taken to strictly enforce its laws for the protection of women and girls from such harmful practices. (Paragraph 34) Child labour: The Committee is concerned that despite the efforts of the State party to abolish the worst forms of child labour, the prevalence of child labour remains high, particularly in hazardous conditions of work in agriculture and in manual crafts and in industrial work, domestic work, and ragpicking. The Committee notes with grave concern that children continue to work in conditions of bonded labour. (Paragraph 19) The Committee recommends that the State party continue to address the situation of children engaged in the worst forms of child labour, with the assistance of the International Labour Organisation. The Committee recommends that measures to rehabilitate affected children, to monitor their work conditions and their living conditions following removal from such work, be strengthened and significantly expanded to cover all children engaged in the worst forms of child labour. (Paragraph 38) UN Committee on the Elimination of Racial Discrimination The Committee notes the lack of information in the periodic report on the situation of women belonging to disadvantaged groups who are victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste. The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with general recommendations XXV (2000) on gender-related dimensions of racial discrimination and XXIX (2002) on descent-based discrimination, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups. The Committee further requests the State party to include in its next report the measures taken in this regard, including specific action taken to eradicate forced prostitution of Badi girls and women. (Paragraph 16) The Committee notes that governmental action has been taken to sensitise the general public, including members of vulnerable groups, against discriminatory traditional customs and societal attitudes. The Committee recommends that the State party take further measures to ensure the training and education of teachers, social workers and law enforcement officials, especially those deployed against the insurgents as well as the political segments of the society. The Committee encourages the State party to carry out comprehensive public education campaigns and to include intercultural education in school curricula. (Paragraph 20) UN Committee on the Elimination of Discrimination against Women The Committee is concerned that patriarchal attitudes and deep-rooted stereotypes that discriminate against women remain entrenched in the social, cultural, religious, economic and political institutions and structures of the Nepali society, as well as in the media. The Committee is concerned at the persistence of harmful traditional practices in the State party, such as child marriage, dowry system, son preference, polygamy, widows accused of witchcraft, Chaupadi, Jhuma, Deuki and Dhan-Khaane. The Committee recommends that the State party: (a) Put in place without delay a comprehensive strategy, with concrete goals and timetables, to eliminate patriarchal attitudes and stereotypes that discriminate against women, in conformity with articles 2 (f) and 5 (a) of the Convention; (b) Strengthen its awareness-raising and educational efforts, targeted at both women and men, with the involvement of civil society, as well as community and religious leaders, to eliminate harmful traditional practices, and collaborate with the media to enhance a positive, non-stereotypical and non-discriminatory portrayal of women; and (c) Promptly enact the draft law on social harmful practices, ensure that it covers all forms of harmful practices and ensure full implementation of this law without delay as well as monitoring of its effective implementation. (Paragraphs 17 and 18) The Committee is concerned about the persistent practice of early marriage despite legal provisions banning it; the existence of discriminatory legal provisions relating to the unequal right to inheritance for a married daughter; the existence of contradictory legal provisions on bigamy, that both recognise and criminalise bigamy; and the lack of clear legislation providing for the equal share of all marital property upon dissolution of marriage. The Committee recommends that the State party: (a) Enforce legal minimum age of marriage, which is set at 20, and undertake awareness-raising measures throughout the country on negative effects of early marriage on women's enjoyment of their human rights, especially their rights to health and education; (b) Take legal measures ensuring that women and men have equal rights to inheritance; (c) Adopt without delay the draft law repealing the provision on bigamy, which is under preparation, so that polygamous marriages are invalidated; and (d) Ensure that, in law and in practice, women and men are granted equal rights to share all marital property upon dissolution of marriage. (Paragraphs 43 and 44) Universal Periodic Review (January 2011) A - 108.11. Review and adopt relevant legislation and policies, including bills related to caste-based discrimination, the Women’s Commission, the Dalit Commission, the rights of indigenous peoples and the rights of the child, to ensure full compliance with international human rights standards (Norway); (accepted) _______________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, September 2005) While welcoming the development of the National Plan of Action on Education for All, and the Basic and Primary Education Master Plan (1997-2002) and the Basic and Primary Education Master Plan II (1999-2004), the Committee is seriously concerned that primary education has not been made compulsory and that the target set by the State party to achieve universal primary education by 2000 was never met and has been extended to 2015. The Committee also remains concerned about the low public expenditure in education and structural lack of resources, largely responsible for the shortage of qualified teachers, poor physical infrastructure, overcrowding in schools and material shortages in school. The Committee is also concerned about the high dropout rate, and that significant inequality exists in access to education, in part due to the hidden costs associated with schooling, and that a large proportion of girls and children from disadvantaged backgrounds such as Dalit children and children with disabilities remain deprived of educational opportunities. The Committee recommends that the State party carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party: (a) Make primary education compulsory and free for all children and for more years than just the five years of primary school; (b) Continue to strengthen measures aimed at increasing enrolment rates and school attendance, as well as reducing the high dropout rate in primary and secondary education and ensure that children receive the full schooling to which they are entitled; (c) Undertake additional efforts to increase the budget allocated to education; (d) Take further measures to improve the accessibility, in particular for girls, to education of all children, with a view to eliminating the (e) Take measures to improve the quality of education, inter alia, by building more schools, improving physical infrastructures and ensuring schools are adequately equipped; (f) Prioritise efforts at teacher training and expand recruitment of qualified teachers, in particular women and persons from all ethnic groups; (g) Introduce and fully implement targeted programmes for children from poor families and children from marginalised groups; (h) Continue to strengthen public provision of early childhood education, in particular in rural areas, and increase the number of trained preschool teachers, and raise awareness amongst parents about the value of early childhood education; (i) Adopt appropriate legislative measures to combat the use of corporal punishment in schools; (j) In the light of the Committee’s general comment No. 1 (2001) on the aims of education, include human rights education, including the rights of children, in the school curriculum at all levels of education; (k) Ratify the Convention against Discrimination in Education (1960) and the Convention on Technical and Vocational Education (1989); (l) Seek further technical assistance from, inter alia, UNICEF and UNESCO. The Committee further recommends to the State party that it take all measures, as a matter of priority, to eliminate negative impacts of the conflict (and the state of emergency) on the educational system, and to facilitate reconstruction and reopening of schools, return of teachers and pupils to schools and ensure that adequate resources are provided for these purposes. (Paragraphs 75 to 77) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that in practice primary education is not completely free due to various fees charged to parents, such as for school supplies and uniforms. The Committee notes with concern that the State party has yet to adopt a policy of compulsory education. It further notes the great disparity in enrolment in primary schools between girls and boys and between the Brahmin and other castes, ethnic or indigenous groups, the high repeat and dropout rate among pupils, and the generally low quality of education in public schools. (Paragraph 27) The Committee calls upon the State party to introduce not only free but also compulsory education, in conformity with articles 13 and 14 of the Covenant, and to specify in its third periodic report by when it plans to achieve this, as well as concrete benchmarks through which progress can be measured. In this regard, the Committee refers the State party to its general comment No. 11 (1999) on plans of action for primary education, and general comment No. 13 (1999) on the right to education. It further urges that human rights be introduced at all levels of education, both as a subject and as a methodology of instruction, reflecting values of participation and social inclusion. The Committee stresses the value of education as a tool for national reconciliation, the eradication of harmful feudal practices, the promotion of respect for the dignity of all persons and groups, as well as the building of skills to enhance future employment prospects (Paragraph 47) UN Committee on the Elimination of Discrimination against Women While welcoming the overall increase in gender parity in primary and secondary education, the Committee is concerned about the minimal increase in female enrolment, the very high rate of drop out among girls, the urban/rural disparities in access to education and illiteracy rates, and the low literacy rate of female adults. The Committee is further concerned about the very low number of female teachers at all levels of education. The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to: (a) Strengthen its efforts to achieve universal provision of quality education for girls at each level of the education system in urban, rural and remote areas, provide access to education to girls with disabilities through improvement of infrastructures and provision of support systems, with special attention to girls from Dalit, Indigenous and other disadvantaged groups; (b) Adopt concrete measures, including effective enforcement of provisions banning early marriage, to prevent drop out of girls from school; (c) Strengthen its efforts to improve the literacy rate of women through the adoption of comprehensive programmes of formal and non-formal education and training; and (d) Increase training and recruitment of female teachers. (Paragraphs 27 and 28) UN Special Rapporteur on indigenous peoples Until the adoption of the Interim Constitution, Nepali was the single language of governmental affairs, business and education. Despite the current constitutional protection, linguistic diversity is threatened, with various mother tongues of indigenous peoples endangered or on the verge of extinction. Although the Ministry of Education is now promoting the objective of multilingual education through various plans, many community members interviewed by the Special Rapporteur expressed concern that education in their mother tongues was not available for their children. In order to meet the Millennium Development Goals, Nepal has proclaimed free education at the primary level (grades I to V). Efforts to fulfil this objective are in place, but investment levels need to be sufficient to reach the most marginalised communities, including investment in scholarships, training of teachers speaking indigenous languages, and textbooks in indigenous languages. (Paragraph 44) UN Representative of the Secretary-General on internally displaced persons Regarding rights related to other economic, social and cultural protection needs, most of the IDPs interviewed by the Representative prioritised the following problems: lack of consistent aid, both food and non-food; difficulties of access to schooling for children; lack of work and access to subsistence opportunities; difficult access to health and care facilities. (Paragraph 52) Women were in particular worried about access to education for their children and the lack of work opportunities. They pointed out to the lack of medical care, mainly for children. When asked, many confessed being afraid of having to resort to prostitution or to send their children into indentured labour in order for their offspring to survive, because they themselves could no longer pay for their upkeep. They also stated that they had little or no access to reproductive health services since they had been displaced. Although they often came from regions with an already low medical coverage, health risks had increased as a result of displacement and therefore needed greater attention. The situation was particularly dire for women heads of households and for elderly people without families to care for them. (Paragraph 53) Regarding education (Guiding Principle 23), internally displaced children face several problems. In particular, they often lack the transfer papers issued by the school in the village or town of origin necessary to be enrolled in a new school. As the Representative noted with appreciation, in many places access to schools for displaced children is granted in a flexible and non-bureaucratic manner. But education officers in the districts visited by the Representative confirmed that the high increase of primary school enrolments without the corresponding increase in the State budget affects the quality of education. Finally, once families exhaust their savings or the support capacity of their relatives, sending children to school becomes too costly for many parents. The difficult education situation is exacerbated by the fact that many private, and a considerable number of public schools, have closed due to threats and acts of violence by the CPN-M. (Paragraph 54) The main problems and needs faced by IDPs in Nepal are security and protection; discrimination; food, shelter and health; access to education for children; documentation; sexual abuse and increased domestic violence; risk of increased female prostitution; risk of increased child labour; lack of protection of property rights; and denial of voting and electoral rights; (Paragraph 65d) The Representative recommends that to the Government: To make particular efforts to facilitate the enrolment of displaced children in schools even when they cannot produce the necessary documentation. Particular attention should be paid to the schooling of girl children. Furthermore, efforts should be made to ensure that the IDP children can remain in school and not be obliged to leave school to work for their own sustenance; (Paragraph 67a) Universal Periodic Review (January 2011) A - 106.41. Intensify efforts in providing basic services to vulnerable or marginalised groups or communities particularly providing quality health and education services and creating more employment opportunities (Myanmar); (accepted) A - 106.52. Continue efforts to ensure that primary education becomes free and compulsory for all children (Norway); continue applying programmes and measures for the enjoyment of the right to education and the right to health (Cuba); (accepted) A - 106.53. Ensure that all girls, Dalit children and children belonging to ethnic minorities have equal access to quality education (Finland); (accepted) A - 106.54. Reach out to parents and parents’ groups to promote equal access to education and participation in local institutions for their children, and to encourage parents to appreciate the value of education and benefits of participation (Finland); (accepted) - 108.34. Continue pursuing appropriate, efficient, inclusive educational policies to provide for free and compulsory education to all segments of its society, including marginalised, disadvantaged - and thus most vulnerable – groups (Slovakia); (accepted) A - 108.35. Pay special attention to helping Dalit children, girls, and children belonging to ethnic minorities to complete their education cycle, and to ensure their employment opportunities after education in order to enable them to claim their rights and work as agents of change for their communities (Finland); (accepted) NC - 108.33. Ensure that education is free and compulsory, with special focus on the enrolment of girls in schools (Turkey); (no clear position) NC - 108.36. Ensure that children of internally displaced persons, refugees, asylum-seekers and their families enjoy the right to health, education and birth registration without discrimination (Thailand). (no clear position) _______________________________________________________________________ Inequality in access to education, particularly affecting girls UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is also concerned about the high dropout rate, and that significant inequality exists in access to education, in part due to the hidden costs associated with schooling, and that a large proportion of girls and children from disadvantaged backgrounds such as Dalit children and children with disabilities remain deprived of educational opportunities. The Committee recommends that the State party carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party: (d) Take further measures to improve the accessibility, in particular for girls, to education of all children, with a view to eliminating the prevailing disparities between girls and boys, as well as between urban and rural areas; (g) Introduce and fully implement targeted programmes for children from poor families and children from marginalised groups; (Paragraphs 75 and 76) UN Committee on the Elimination of Discrimination against Women While welcoming the overall increase in gender parity in primary and secondary education, the Committee is concerned about the minimal increase in female enrolment, the very high rate of drop out amongA - 106.53. Ensure that all girls, Dalit children and children belonging to ethnic minorities have equal access to quality education (Finland); girls, the urban/rural disparities in access to education and illiteracy rates, and the low literacy rate of female adults. The Committee is further concerned about the very low number of female teachers at all levels of education. The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to: (a) Strengthen its efforts to achieve universal provision of quality education for girls at each level of the education system in urban, rural and remote areas, provide access to education to girls with disabilities through improvement of infrastructures and provision of support systems, with special attention to girls from Dalit, Indigenous and other disadvantaged groups; (b) Adopt concrete measures, including effective enforcement of provisions banning early marriage, to prevent drop out of girls from school; (c) Strengthen its efforts to improve the literacy rate of women through the adoption of comprehensive programmes of formal and non-formal education and training; and (d) Increase training and recruitment of female teachers. (Paragraphs 27 and 28) Universal Periodic Review (January 2011) A - 106.53. Ensure that all girls, Dalit children and children belonging to ethnic minorities have equal access to quality education (Finland); (accepted) A - 108.35. Pay special attention to helping Dalit children, girls, and children belonging to ethnic minorities to complete their education cycle, and to ensure their employment opportunities after education in order to enable them to claim their rights and work as agents of change for their communities (Finland); (accepted) NC - 108.33. Ensure that education is free and compulsory, with special focus on the enrolment of girls in schools (Turkey); (no clear position) _______________________________________________________________________ Sexual exploitation of children, including prostitution UN Committee on the Rights of the Child (Concluding Observations, September 2005) While noting the efforts taken by the State party to eliminate the phenomenon of sexual exploitation of children, the Committee is gravely concerned about the large number of children in the State party who are sexually exploited. The Committee is of the view that insufficient efforts have been taken to protect the particularly vulnerable groups of children from sexual exploitation. Specifically, the Committee notes with concern that children of lower castes are disproportionately represented among sex workers, and about the persistence of the customary practice known as Badi, whereby young girls of the Bedi caste are forced into prostitution. The Committee further notes that article 7 of the Children Act which protects children from cruel treatment and torture is not applicable to sexual abuse cases that do not necessarily reach the threshold of cruel treatment or torture. The Committee is also concerned at the low rate of prosecutions for perpetrators of sexual exploitation of children and that there is little in the way of public campaigns to educate the population on the laws governing sexual exploitation. The Committee recommends that the State party, allocate resources as a matter of priority to: (a) Enact appropriate legislation that ensures protection from sexual abuse and exploitation for boys and girls under 18 years; (b) Undertake a comprehensive study to examine the sexual exploitation of children, gathering accurate data on its prevalence; (c) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation, in particular children belonging to the Bedi and other lower castes; (d) Avoid criminalising child victims of sexual exploitation and ensure proper prosecution of perpetrators; (e) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, including establishment of rehabilitation centres in all regions, in accordance with the Declaration and Agenda for Action adopted at the First World Congresses against Commercial Sexual Exploitation of Children and the Yokohama Global Commitment 2001 adopted at the Second World Congress; (Paragraphs 87 to 89) UN Committee on the Elimination of Racial Discrimination The Committee notes the lack of information in the periodic report on the situation of women belonging to disadvantaged groups who are victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste. The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with general recommendations XXV (2000) on gender-related dimensions of racial discrimination and XXIX (2002) on descent-based discrimination, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups. The Committee further requests the State party to include in its next report the measures taken in this regard, including specific action taken to eradicate forced prostitution of Badi girls and women. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the adoption of the National Plan of Action against trafficking in children and women for sexual and labour exploitation. However, the Committee is concerned about the lack of specific data on trafficking of women and girls, the lack of effective implementation of the Human Trafficking and Transportation Act 2007, the persistence of sexual exploitation, in particular among the Dalit community, and the persistence of the root causes of trafficking and prostitution, including poverty. (Paragraph 21) UN Representative of the Secretary-General on internally displaced persons Country visit: 13 to 22 April 2005 Report published: 7 January 2006 The main problems and needs faced by IDPs in Nepal are security and protection; discrimination; food, shelter and health; access to education for children; documentation; sexual abuse and increased domestic violence; risk of increased female prostitution; risk of increased child labour; lack of protection of property rights; and denial of voting and electoral rights; (Paragraph 65d) Universal Periodic Review (January 2011) A - 106.30. Strengthen its measures to eradicate child abuse, sexual exploitation of children (Azerbaijan); (accepted) A - 106.31. Strengthen the implementation of its Human Trafficking and Transportation (Control) Act 2007 and its Regulation 2008 (Bhutan); further strengthen law enforcement and the judicial system in the efforts to address impunity, prevent domestic violence, and to protect women and children from trafficking as well as physical and sexual exploitation (Malaysia); combat human trafficking and forced prostitution in particular of children (Germany); fight trafficking in persons, prosecute perpetrators and provide protection and compensation to victims (Netherlands); (accepted) _______________________________________________________________________ Discrimination against children from Kamaiya backgrounds UN Committee on the Rights of the Child (Concluding Observations, September 2005) While welcoming the abolition in 2000 of the Kamaiya system of bonded labour and the enactment in 2002 of the Kamaiya Prohibition Act, the Committee is concerned that a large number of Kamaiya children remain unreleased and continue to work as bonded labourers, and that many thousands of Dalit bonded labourers (haliya), including children, are reported to be working in agriculture in Western Nepal and in the plains. The Committee is particularly concerned that they continue to face serious difficulties in the areas of the right to housing, land, work and education. The Committee recommends the State party to strengthen the enforcement of the existing legislation and policies to eradicate the practice of bonded labour by children. The Committee also urges the State party to make every effort, including taking preventive measures, to ensure that those children who engage in labour do not work under conditions which are harmful to them and that they continue to have access to education. The Committee urges the State party to amend the Master Plan for Child Labour, Child Labour Act and other relevant legislation so that the necessary regulation of child labour applies to all areas of work, including the informal sector of the economy. The Committee further recommends the State party to take action to fully implement all policies and legislation relevant to child labour, inter alia, through public awareness campaigns and education for the public on the protection of the rights of children. Furthermore, the Committee recommends the State party to strengthen the implementation of the Kamaiya Prohibition Act, and to take effective measures to ensure the social integration of the emancipated Kamaiya workers. The Committee recommends that the State party include, in its next periodic report, information on the achieved results of the measures taken in this respect. (Paragraphs 92 to 94) UN Committee on Economic, Social and Cultural Rights The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant: - The problems faced by emancipated Kamaiyas, including lack of housing, land, work, and education for their children; (Paragraph 11) UN Committee on the Elimination of Racial Discrimination The Committee is concerned that, although the system of agricultural bonded labour known as Kamaiya was abolished in July 2000, the emancipated Kamaiyas are facing many problems, including lack of housing, land, work and education for their children. The Committee recommends that the State party ensure effective enforcement of the Bonded Labour Prohibition Act 2002 and programmes adopted to put an end to the practice and discrimination against Kamaiyas. It further requests the State party to include information on the implementation of the act in its next periodic report. (Paragraph 18) UN Special Rapporteur on indigenous peoples However, these compensation schemes have not fully worked in practice. Local communities claim that their current allotments of land and resources are insufficient for sustainable farming. Some former Kamaiyas still lack identification cards and land allotments, leading them to encroach onto neighbouring forests or establish unauthorised settlements in urban areas, with constant threats of eviction. The desperate situation of many former Kamaiyas contributes to perpetuating the sending of children to work as domestic workers in wealthier homes through the Kamalari system of perpetual servitude, which, although outlawed in 2006, is still practised. (Paragraph 40) Measures should be enhanced to eradicate the Kamalari practice of bonded child labour and to rehabilitate children who have been victims of that system. (Paragraph 97) International Labour Organisation Project for the elimination of bonded labour. The Committee had previously noted the General Federation of Nepalese Trade Union’s (GEFONT) statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It had noted the Government’s information that the ILO–IPEC project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee had further noted the Government’s statement that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers. The Committee notes with interest the information in the Government’s report that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Government also provided a statement including information on education and training measures for child domestic workers. Universal Periodic Review (January 2011) A - 107.20. Abolish all forms of child labour, including bonded labour and take measures to ensure that no person under 18 years of age is allowed to perform hazardous work, in accordance with the ILO Convention No. 138 (Poland); (accepted) _______________________________________________________________________ Discrimination on the basis of caste UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee acknowledges challenges faced by the State party with regard to the general state of insecurity and violence due to the armed conflict. The Committee also notes the very high levels of poverty which are exacerbated by theheavy debt burden and the existence of many traditional beliefs and customs and the caste system, all of which impede progress to the full realisation of children’s rights enshrined in the Convention. (Paragraph 9) With reference, inter alia, to the concerns of the Committee on the Elimination of Racial Discrimination (CERD/C/64/CO/5) regarding the persistent de facto caste-based discrimination against Dalit in education, employment, marriage, access to public places including water sources and places of worship, the Committee expresses serious concern about the harmful effects of this prevailing form of discrimination on the physical, psychological and emotional well-being of the Dalit children in the State party. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the right to non discrimination, and to adopt appropriate legislation, where necessary, to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. In this regard, the Committee urges the State party to prioritise and target social services for children belonging to the most vulnerable groups, and to take all effective measures to ensure their protection from exploitation. The Committee encourages the State party to launch comprehensive public information campaigns to prevent and combat all forms of discrimination. The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 (2001) on article 29 (1) of the Convention on the aims of education. (Paragraphs 36 to 38) The Committee notes with concern that certain harmful traditional practices continue to prevail in the State party, most notably the caste system and traditions such as the Deuki, Kumari, Jhuma, Badi, Kamlari and Chaupadi, causing extreme insecurity, health hazards and cruelty to girl children. The Committee regrets the absence of legal prohibition and sufficient interventions on the part of the State party to address the harmful effects of these traditional practices on the enjoyment of rights by children who are affected by these practices. (paragraph 67) The Committee expresses concern about the high level of prevailing poverty in the State party, which hampers the respect for, and fulfilment of, the rights of children, particularly those living in rural areas, those living in slums and squats, and among the lower castes and ethnic minorities, and the ability of their families to provide them with adequate protection. (Paragraph 71) [T]he Committee notes with concern that children of lower castes are disproportionately represented among sex workers, and about the persistence of the customary practice known as Badi, whereby young girls of the Bedi caste are forced into prostitution. (Paragraph 87) The Committee recommends that the State party, allocate resources as a matter of priority to: (c) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation, in particular children belonging to the Bedi and other lower castes; (Paragraph 88) The Committee notes with grave concern that certain groups of children are at a particularly higher risk of being sold and trafficked, including girls, internally displaced children, street children, orphans, children from rural areas, refugee children and children belonging to more vulnerable castes. (Paragraph 95) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that the State party has yet to adopt a policy of compulsory education. It further notes the great disparity in enrolment in primary schools between girls and boys and between the Brahmin and other castes, ethnic or indigenous groups, the high repeat and dropout rate among pupils, and the generally low quality of education in public schools. (Paragraph 27) UN Committee on the Elimination of Racial Discrimination The Committee notes the lack of information in the periodic report on the situation of women belonging to disadvantaged groups who are victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste. The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with general recommendations XXV (2000) on gender-related dimensions of racial discrimination and XXIX (2002) on descent-based discrimination, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups. The Committee further requests the State party to include in its next report the measures taken in this regard, including specific action taken to eradicate forced prostitution of Badi girls and women. (Paragraph 16) Universal Periodic Review (January 2011) A - 106.53. Ensure that all girls, Dalit children and children belonging to ethnic minorities have equal access to quality education (Finland); (accepted) A - 107.11. Take the necessary legal and policy measures to end discrimination, including of women, children and Dalits (Netherlands); (accepted) A - 108.11. Review and adopt relevant legislation and policies, including bills related to caste-based discrimination, the Women’s Commission, the Dalit Commission, the rights of indigenous peoples and the rights of the child, to ensure full compliance with international human rights standards (Norway); (accepted) A - 108.35. Pay special attention to helping Dalit children, girls, and children belonging to ethnic minorities to complete their education cycle, and to ensure their employment opportunities after education in order to enable them to claim their rights and work as agents of change for their communities (Finland); (accepted) _______________________________________________________________________ Inadequate provisions and protections for refugee and asylum-seeking children UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee welcomes the adoption in August 2004 of an official policy that is grounded on the principle of non-refoulement, but it regrets that the State party has not yet ratified the Convention relating to the Status of Refugees, Convention relating to the Status of Stateless Persons or the Convention on the Reduction of Statelessness, and that there is no domestic legislation that covers the rights of refugees and asylum-seeking persons. In this regard, and given the fact that a large population of these persons are children the Committee is concerned about: (a) The reports of discrimination and ill-treatment, including high incidence of sexual abuse of women and children in Bhutanese camps in Nepal; (b) The reports of deportation of Tibetan asylum-seekers to China by Nepal, including unaccompanied minors and the closure of the Tibetan Refugee Welfare Office in January 2005; (c) The rule that refugee status can only be sought by certain categories of asylum-seekers, specifically, the Tibetans who arrived in Nepal before 1990 and the Bhutanese; (d) The restrictions on Bhutanese refugees on their freedom of movement, as well as their enjoyment of the right to health and education. The Committee notes with regret the lack of information provided by the State party on the situation of internally displaced persons, including children, who have been forcibly displaced from their homes due to the ongoing armed conflict. The Committee recommends that the State party: (a) Ratify, as a matter of priority, the Convention relating to the Status of Refugees, the Convention on the Status of Stateless Persons and the Convention on the Reduction of Statelessness; (b) Seek to ensure, as a matter of priority, that all internally displaced, refugee and asylum-seeking children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth; (c) Take immediate measures to ensure that all internally displaced, refugee women and children under its jurisdiction are protected from all forms of sexual exploitation and that perpetrators are duly prosecuted; (d) Include in its next periodic report detailed information pertaining to the situation of internally displaced, refugee and asylum-seeking children, including unaccompanied minors; (e) Continue to strengthen its collaboration with UNHCR among other organisations. (Paragraphs 78 to 80) UN Committee on the Elimination of Racial Discrimination The Committee is concerned by information that only the Tibetans who arrived in Nepal before 1990 and the Bhutanese are recognised as refugees by the authorities, and by recent information on forced expulsion of Tibetan refugees. It further expresses concern over the serious restriction of rights for the Bhutanese refugees and the lack of specific measures for unaccompanied refugee children. The Committee reiterates its concern at the absence of legislative protection for refugees and asylum-seekers, and urges the State party to enact relevant legislation, and to ratify international instruments relating to the protection of refugees. It also encourages greater interaction with the Office of the United Nations High Commissioner for Refugees in this regard. The Committee wishes to receive further information in the next periodic report on measures taken by the State party. (Paragraph 19) UN Committee on the Elimination of Discrimination against Women Concluding Observations published: 29 July 2011 The Committee is concerned that the State party report does not provide any information about its national policy with regard to applications from asylum seekers and nor does it contain information on the vulnerable situation of asylum seeker and refugee women and girls from neighbouring countries. The Committee recommends that the State party: (a) Provide in its next report comprehensive information on its national policy on applications from asylum-seeker and refugee women in Nepal; (b) Provide enabling environment and gender sensitive policy in dealing with application from women asylum seekers and provide enabling environment for asylum seeker and refugee women to report acts of sexual harassment; and (c) Pay specific attention to the vulnerability of asylum-seeker and refugee women. (paragraphs 41 and 42) Universal Periodic Review (January 2011) NC - 108.36. Ensure that children of internally displaced persons, refugees, asylum-seekers and their families enjoy the right to health, education and birth registration without discrimination (Thailand). (no clear position) _______________________________________________________________________ Children involved in armed conflict, including as child soldiers UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee notes the extremely negative impact of the armed conflict between the State party and the Communist Party of Nepal (the Maoists) on children in Nepal, and that it has created conditions in which even minimal implementation of the Convention is difficult. The Committee notes that the climate of fear, insecurity and impunity resulting from the armed conflict and the states of emergency, declared in 2000 and 2004, have had a seriously negative physical and psychological impact on the sound development of children in the State party. The Committee is extremely concerned at the large-scale bombing, destruction and closing of schools by Maoist insurgents, which are violations of the fundamental rights to education of children. The Committee also notes with deep concern that the conflict has also exacerbated the existing problems in the implementation of the Convention in the State party, as outlined in the present concluding observations. (Paragraph 10) The Committee is highly alarmed by the number of children who were killed in armed conflicts in the State party. The Committee notes with grave concern the reports of abduction and forcible conscription of children by the armed groups for political indoctrination and for use as combatants, informants, cooks or porters and as human shields. The Committee is equally concerned that Government forces target under 18s suspected of being members of the armed groups and about the highly alarming reports of disappearances and arbitrary detention and of Government forces allegedly using children as spies and messengers. The Committee is also deeply concerned that there are reports of detention of children under the 2004 amendment to the Terrorist and Disruptive Activities (Control and Punishment) Ordinance. The Committee is concerned at the direct effects of this violence on child victims, including child combatants, and about the severe physical and psychological trauma inflicted upon them. The Committee also expresses concern about children who were separated due to the conflict, including children who have fled to India, and that little efforts have been taken by the State party to reunite these families. The Committee is also concerned about the negative impact of the armed conflict on food supplies, education and health care. The Committee recommends that the State party develop a comprehensive policy and programme for implementing the rights of children who have been affected by conflict, and allocate human and financial resources accordingly. In particular, the Committee recommends that the State party: (a) Criminalise abduction, recruitment and use of children for military purposes by any armed forces or armed group; (b) Establish a separate Rule of Engagement for its security forces with regard to children; (c) Amend or repeal the Terrorist and Disruptive Activities (Control and Punishment) Ordinance in the light of the international juvenile justice standards and norms; (d) Develop, in collaboration with NGOs and international organisations, a comprehensive system of psychosocial support and assistance for children affected by conflict, in particular child combatants, unaccompanied internally displaced persons and refugees, returnees; (e) Take effective measures to ensure that children affected by conflict can be reintegrated into the education system, including through the provision of informal education programmes and by prioritising the rehabilitation of school buildings and facilities and provision of water, sanitation and electricity in conflict-affected areas; (f) Ratify the Hague Convention on the Civil Aspects of International Child Abduction; (g) Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict as a matter of priority; (h) Seek technical assistance from, inter alia, OHCHR and UNICEF in this regard, and provide maximum possible cooperation to the newly established office of OHCHR in Nepal. (Paragraphs 81 and 82) UN Committee against Torture The Committee is concerned about allegations of children being used by security forces as spies and messengers. The Committee is also concerned about reports of recruitment and abduction of children by CPN-Maoist (art. 16). The State party should take effective measures to prevent security forces using children as spies and messengers. The State party should also take the necessary steps, as a matter of urgency and in a comprehensive manner, to prevent the abduction of children by CPN-Maoist and to facilitate the reintegration of former child soldiers into society. The State party should also consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. UN Special Rapporteur on Torture The Special Rapporteur also received shocking evidence of torture, including mutilation, carried out by the Maoists in order to extort money, punish non-cooperation and intimidate others, as well as allegations of forced recruitment of women and children. Methods of torture included beatings with sticks on the legs, piercing of legs with metal rods, beatings with rifle butts on ankles, and mutilations such as amputation of toes. In view of the short duration of the mission, the Special Rapporteur was unable to establish direct contacts with representatives of the Maoists and visit detention facilities under their control. (Paragraph 19) The Special Rapporteur calls on the Maoists to end torture and other cruel, inhuman or degrading treatment or punishment and to stop the practice of involuntary recruitment, in particular of women and children. (Paragraph 34) UN Representative of the Secretary-General on internally displaced persons The present conflict is the cause of substantial displacement in Nepal. The reasons why individuals and families are displaced are complex. They encompass direct acts of violence or threats that have been made to them personally by members of the CPN-M; their refusal to let their children be forcibly recruited or to be forced to contribute to the insurgency with food and money; fear of being subject to reprisals by the RNA or caught in the crossfire; a general feeling of insecurity and uncertainty; the conflict-induced collapse of local infrastructures and coping mechanisms within villages; and economic reasons, since the economic decline in the traditionally poorer areas of Nepal has reportedly been hastened by the conflict. While Maoist violence may seem to be the principal cause for displacement in Nepal today, it is not the only one. (Paragraph 15) The Representative also encountered some cases where whole villages were displaced within days or even hours. Such mass displacements occurred in particular where vigilante or self-defence groups emerged in a specific location, threatening or even killing alleged Maoists. This was followed by retaliation from the CPN-M, causing mass displacement. These people fled to the next district headquarters or, in the case of areas in Terai, over the border to India. The Representative visited areas affected by such mass displacement in Kapilvastu and Dailekh districts. Village mobs or vigilante groups reportedly killed over 20 alleged Maoists in Kapilvastu district between 17 and 23 February 2005. The houses and properties of alleged CPN-M supporters were burnt or looted by the rampaging villagers, provoking the displacement of over 300 families, partly across the border. It was reported to the Representative that some politicians from the capital had encouraged these acts. He also heard allegations of RNA detachments standing by the mobs but not interfering with these extrajudicial killings. At the time of the Representative’s mission, no judicial investigation had been started to find or punish the culprits. In the villages of Namuli, Toli and Soleri, in the district of Dailekh, villagers formed local committees to parlay with the CPN-M to stop abducting children and teachers and to desist from the taxations. Reprisals by the CPN-M in November 2004 led over 400 families from the region to flee to the Dailekh district headquarters. (Paragraph 17) Regarding the situation of internal displacement in Nepal, the Representative draws the following main conclusions: The reasons leading to this displacement are complex and encompass direct acts of violence or threats against the victims personally; confiscation of property, refusal to let their children be forcibly recruited or to be forced to contribute with food and money to the insurgency; fear of being subject to reprisals by the RNA or being caught in the crossfire; a general feeling of insecurity and uncertainty; the conflict-induced collapse of local infrastructures and coping mechanisms within villages; and economic reasons, since the economic decline in the traditionally poorer areas of Nepal has been hastened by the conflict. While Maoist violence may seem to be the principal cause for displacement in Nepal today, it is not the only one; (Paragraph 65c) People left their villages for different reasons: they were being directly threatened and targeted by the insurgency; they witnessed extrajudicial killings, lynching and seizure or destruction of property with no protection from the State; they felt that the taxation and other demands for support of the CPN-M were no longer bearable; they refused to relinquish a family member to the conflict; or they were afraid of being caught up in the crossfire. Some of these acts amount to creating arbitrary displacement (Guiding Principle 6) as prohibited, inter alia, by customary humanitarian law. A rapid assessment of the situation of 56 displaced families in the Biratnagar area prepared shortly before the Representative’s visit to Morang district revealed that 40 per cent had left because of threats made to them, 30 per cent because of confiscation of their property and the remaining 30 per cent for a variety of reasons including killing of a family member, spying, torture and ill-treatment, or extortion. The Representative also heard of cases where teachers and school children had been abducted for extended periods, only to be accused upon their return of being CPN-M supporters because they had survived. (Paragraph 40) UN Working Group on enforced or involuntary disappearances Maoist forces have also committed hundreds of acts of disappearance. The Working Group heard deeply troubling reports from human rights activists from across Nepal that the Maoists are more likely to kill perceived opponents outright than to make them disappear. Yet the Maoists do systematically kidnap children to serve as soldiers. Because these children are forcibly taken from their families and are brought into armed units that take them away from their homes, many of the children disappear. (Paragraph 29) UN Special Rapporteur on extrajudicial, summary or arbitrary executions Information gathered by non-governmental organisations indicate that on 13 January 2000, three armed Maoists entered the Dhanku VDC and ordered the villagers to provide food and shelter to 50-60 members of their group, who were to perform a cultural programme as part of their political campaign. The following day the villagers were ordered to attend the programme which was set up in the local school. A considerable number of women and children from the village were among the audience, but many of them left towards the end of the manifestation before the shooting started. (Paragraph 27) The police were reportedly alerted at around 5 p.m. A patrol of 14 police officers under the command of an Inspector were on their way to the school building when one of the Maoists who was keeping watch fired a warning shot in the air. Following the warning, all but two of the Maoists managed to flee the scene. As the first shots rang out, the villagers ran out of the school building and took cover in nearby houses and tea shops. Reports indicate that the police opened fire indiscriminately and without warning. At least two persons who were in a tea shop were allegedly killed when police officers fired their guns at point-blank range through the shop window. Other villagers were reportedly shot while running for cover. Seven villagers were killed in the assault. Two unarmed Maoists who had not managed to escape were reportedly taken into custody by the police. It is alleged that both of them were summarily executed by the police some 8-10 hours later. It is further reported that the police found a hand grenade left behind by the Maoists, which they detonated the following day as a cover-up of their operation. Two minors were reportedly among those killed: Madan Kumar Chalaune and Padam Dholi. They were both 16 years of age. (Paragraph 28) During her visit to Nepalgunj, the Special Rapporteur had the opportunity to interview eyewitnesses to the events in Dungal village. Three of these persons were recovering from gunshot wounds sustained during the incident. The testimonies heard by the Special Rapporteur largely corroborate the account given by non-governmental sources. In the afternoon of 14 January, some 60 persons were gathered in the village school, where they had been ordered to attend a cultural programme organised by the CPN (Maoist). By the time the police arrived to the village, the women and children had already left the school as it was getting late. Before the shooting started, many of the villagers ran out trying to take shelter in nearby houses and shops. When the Maoists keeping watch fired the warning shot, all the Maoists, except two, fled. The testimonies indicate that the police when launching their assault fired their rifles indiscriminately at the houses and shops where civilians where taking shelter. Some villagers were reportedly shot dead while trying to run for cover. One eyewitness confirmed earlier reports that at least two persons had been shot dead in a shop by police officers who opened fire through the window. A total of 9 people were killed and 11 wounded in the police assault. All the armed CPN (Maoist) members had fled by the time the police entered the village. Witnesses said that the two members of the CPN (Maoist) who were killed in the incident were summarily executed after having been captured unarmed by the police. According to testimonies, the bodies of those killed were disposed of by burning without being formally identified. (Paragraph 29) It is reported that 48 children have been killed in the conflict between the CPN (Maoist) and the police. Each year, the number continues to increase as more and more children are seen as suspected Maoists. Reports from non-governmental organisations claim that 37 children have been killed by the police and 11 by the Maoists since 1996. None of the cases attributed to the police was reportedly investigated by the competent authorities. In a list prepared by a non-governmental organisation, one 11-year-old, four 12-year-old and two 13-year-old children are among the victims of killings by the police. The Special Rapporteur is dismayed that the police officers accused of these killings were not investigated, and that the Government appears not to have taken a serious view of these grave human rights violations. (Paragraph 31) It is the primary duty of every State, and of the international community as a whole, to protect the right to life of children. Any violation of this right by the State itself is totally unacceptable. The Government of Nepal must investigate every single incident of children being killed and ensure that those found responsible for extrajudicial, summary or arbitrary executions are brought to justice. Such investigations should involve non-governmental organisations to ensure transparency and to inspire confidence among the families of the victims. (Paragraph 70) The Special Rapporteur is deeply disturbed by consistent reports that the CPN (Maoist) continues to recruit children to be used in armed activities. While it appears that most of the minors engaged by the movement are used as messengers or in other support activities, some children under the age of 18, at times as young as 13, are reportedly being trained in the use of firearms and also sent into combat zones. It is alarming that children are being exploited in this way for political purposes and exposed to the dangers and horrors of war. The Special Rapporteur wishes to reiterate her strong opposition to the use of children in armed conflict – an issue she has discussed in her earlier annual reports to the Commission on Human Rights (E/CN.4/1999/39 and E/CN.4/2000/3). She urges the leadership of the CPN (Maoist) to recognise the need to protect children from the violence and trauma of armed conflict as a fundamental principle of human dignity and decency. The plight of the children dragged into war and violence further underscores the urgency of bringing an end to this conflict. (Paragraph 35) The Special Rapporteur is concerned that these wide-reaching powers, coupled with vague and ambiguous formulations such as “subversive acts”, could easily lead to more extensive use of firearms by the police, which in turn would increase the risk of extrajudicial killings and executions and provide legal cover for such violations of human rights by the police. In this context the Special Rapporteur wishes to draw the Government’s attention to the United Nations Basic Principles for the Use of Force and Firearms by Law Enforcement Officials. The Special Rapporteur is also concerned that the increased powers accorded to the police to arrest persons without warrants could result in more cases of unacknowledged detention, which could in turn increase the risk of custodial deaths and disappearances. At the same time, the Special Rapporteur is encouraged to note that the proposed amendments also include special penal provisions against the use of children in violent activities. The Special Rapporteur raised her concerns with regard to the bill in her discussions with government representatives in Kathmandu. They assured her that the amendments would be presented in a form that would be in line with Nepal’s international human rights obligations. (Paragraph 49) The Special Rapporteur is deeply disturbed by reports that children are being used by the CPN (Maoist) in its armed activities. She calls on the leadership of this movement to immediately bring this practice to an end, and to ensure that civilians are protected from any form of violence, threats or intimidation by members of the CPN (Maoist). At the same time, the Government should increase its efforts to address the social and economic realities that cause children to be dragged into the conflict. The Special Rapporteur further believes that non-governmental organisations can play a constructive role in assessing the scope of and identifying possible solutions to this problem. (Paragraph 71) Special Representative of the Secretary-General on children and armed conflict Recommendations: I welcome the signing by the Government of Nepal, UCPN-M and the United Nations in Nepal of the Action Plan on the discharge of disqualified Maoist army personnel verified as minors and related tasks, and I call upon the Government of Nepal and UCPN-M to cooperate closely to ensure the full implementation of the Action Plan. Furthermore, the Government of Nepal should be provided by the United Nations with all necessary assistance for the rehabilitation of the Maoist army personnel disqualified as minors. UCPN-M should ensure that Maoist army personnel disqualified as minors have unhindered access to the rehabilitation packages offered by the Government and supported by the United Nations. The United Nations should continue monitoring the compliance of UCPN-M with the Action Plan and requirements under Security Council resolutions 1612 (2005) and 1882 (2009), with particular attention to whether discharged minors are forced or otherwise coerced into association with groups which engage in political violence. Furthermore, the Government of Nepal should operationalise the National Plan of Action for the Reintegration of Children Affected by Armed Conflict and ensure the allocation of adequate resources for its effective implementation. Strikes and protests by various groups including YCL and ANNISU-R have continued across the country, in particular in the Tarai. This practice curtails freedom of movement and continues to restrict children’s right to education. Political parties and agitating groups are called upon to stop the closure and use of schools during bandhs. All political parties and their affiliated youth wings, including related political and social groups, need to ensure that children are not exposed to or forced to participate in violent activities. Armed groups should stop all violent activities including the use of improvised explosive devices and small arms and stop the recruitment and use of children. All armed groups should publicly commit themselves to ending violations of children’s rights, including the recruitment of persons under 18 years of age. Necessary support should be given to strengthen the monitoring and reporting of violations against children in the Tarai, identify responsible armed groups and provide appropriate protection. Public security remains a matter of serious concern, especially in the Tarai and in some hill districts in the eastern region, where many armed groups continue to operate in a climate of impunity. The Government of Nepal is urged to ensure that the draft bills on the Truth and Reconciliation Commission and the Disappearances Commission are fully consistent with international standards and make special provision for children. The meaningful and safe participation of children in transitional justice mechanisms should be ensured. The Government of Nepal should expedite the enactment of the Child Rights Protection and Promotion Bill to ensure the immediate criminalisation of recruitment of children to armed groups and armed forces. (paragraphs 37 to 46) International Labour Organisation Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. In its previous comments, the ILO Committee had noted that the Royal Army New Recruitment Rules of 1962 fixes a minimum age of 18 years for recruitment in the army. It had noted the Government’s information that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 which stipulates that a recruit may be 15 to 18 years of age shall be reviewed. The Committee had noted however that the forced recruitment of child combatants by Maoists was a matter of great concern to the Government and the public at large. The Committee had also noted the Government’s information that according to article 22(5) of the Interim Constitution of Nepal, 2007, children shall not be used in the army, police or in conflicts. Moreover, section 7.6.1 of the Comprehensive Peace Accord 2006 concluded between the Government of Nepal and the Communist Party of Nepal (Maoist) provided special protection for the rights of children including the prohibition on the use of children under the age of 18 years in the armed forces. The Committee had further noted that the UN Mission in Nepal (UNMIN) had started verifying and certifying the Maoist combatants in the Maoist cantonments established in the different parts of the country. It had finally noted the Government’s information that it had ratified the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2006. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that the Young Boys (Recruitment and Conditions of Service) Rules of 1971 will be amended as soon as possible to prohibit the forced recruitment of children under 18 years for use in armed conflict. Universal Periodic Review (January 2011) A - 106.27. Ensure that all Maoist army personnel disqualified as minors have unhindered access to the rehabilitation packages and ensure that children are not exposed to or forced to participate in violent activities by political parties (Austria); (accepted) A - 107.1. Ratify the Optional Protocol to CRC on the involvement of children in armed conflict (Austria); (accepted) A - 107.18. Ensure that any form of violence against children and child recruitment becomes punishable under domestic law (Hungary); intensify efforts for the effective and rapid social and educational reintegration of child soldiers who remain in military camps (Spain); (recruitment) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is equally concerned that Government forces target under 18s suspected of being members of the armed groups and about the highly alarming reports of disappearances and arbitrary detention and of Government forces allegedly using children as spies and messengers. (Paragraph 81) UN Working Group on enforced or involuntary disappearances In meeting with many relatives of the disappeared, the Working Group was reminded that families are also defined as victims of disappearances under international standards. In Nepal, the vast majority of the disappeared are men. Women are frequently left with small children and no means of support. The social, economic, legal and psychological effects are devastating for families. The Working Group was told of similar consequences that face those people who are released from military or police detention after being suspected of being a Maoist, though they may never have been tried, or even charged. They are tainted by mere suspicion, and may find it difficult to integrate back into their communities. (Paragraph 28) UN Special Rapporteur on extrajudicial, summary or arbitrary executions The Special Rapporteur is also concerned that the increased powers accorded to the police to arrest persons without warrants could result in more cases of unacknowledged detention, which could in turn increase the risk of custodial deaths and disappearances. (Paragraph 49) Special Representative of the Secretary-General on children and armed conflict Recommendations: The Government of Nepal is urged to ensure that the draft bills on the Truth and Reconciliation Commission and the Disappearances Commission are fully consistent with international standards and make special provision for children. The meaningful and safe participation of children in transitional justice mechanisms should be ensured. _______________________________________________________________________ Violence against children, particularly girls UN Committee on the Rights of the Child (Concluding Observations, September 2005) While noting that the Children’s Act prohibits any cruel treatment of children by parents, guardians or teachers, the Committee is alarmed by the prevalence of child abuse and domestic violence in the State party and is of the view that the domestic legislation currently in place in the State party does not afford adequate protection to children and women against abuse and domestic violence. In particular, the Committee notes that the Children’s Act which protects children from cruel treatment does not provide for an effective remedy mechanism, and that violation of the Act is not considered as a State crime and thus only provides remedy under civil court procedures. The Committee further regrets that the Domestic Violence Control Bill which was passed in April 2002 by the Parliament before it was dissolved, was never enacted. The Committee is concerned that insufficient awareness exists in the State party, of violence against women and children as a crime punishable by law, including among law enforcement officials. The Committee, while noting that the Children’s Act also provides for inspection of care provided in children’s homes, rehabilitation centres and orphanages, is concerned about the lack of appropriate complaint filing mechanisms and of designated places of safety for child victims of abuse and neglect. The Committee is also concerned that prosecution against child abuse and neglect may be impeded as a result of major infrastructural problems in the legal system. The Committee recommends the State party to take the necessary measures to prevent child abuse and neglect, by, inter alia: (a) Undertaking a study on the causes and scope of this phenomenon and establishing a comprehensive strategy to address the high and increasing number of child abuse, neglect and domestic violence cases, with the aim of preventing and reducing this phenomenon; (b) Introducing legislation making reporting obligations mandatory for suspected cases of abuse and neglect for all professionals working for and with children, and training them in the identification, reporting and management of cases of ill-treatment; (c) Carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and the alternative measures of discipline for children, addressing sociocultural barriers that inhibit victims from seeking assistance; (d) Establishing effective mechanisms for receiving, monitoring and investigating complaints in a child-sensitive manner and ensuring proper prosecution of perpetrators of child abuse and neglect, as well as instituting appropriate witness and victim protection systems; (e) Providing services for the physical and psychological recovery and social reintegration of victims of sexual abuse and any other child victims of abuse, neglect, ill-treatment, violence or exploitation, and taking appropriate measures to prevent the criminalisation and stigmatisation of victims, including through cooperation with NGOs; (Paragraphs 55 to 57) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the enactment of the Domestic Violence Act 2009 and the launch of a National Plan of Action on Gender Based Violence. However, the Committee is concerned about the continued prevalence of violence against women and girls, including domestic violence, in particular against disadvantaged groups of women such as Dalit women. The Committee is concerned that most of the incidents are undocumented and unaddressed. The Committee is further concerned about the lack of statistical data on violence against women, including sexual violence and domestic violence; the existence of a statute of limitation for registration of cases of sexual violence; and the weak penalty for marital rape . The Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive measures to address such violence, in accordance with its general recommendation No. 19. To this end, the Committee recommends that the State party: (a) Ensure the effective implementation of the Domestic Violence Act and other existing legislation, as well as proper prosecution and punishment of perpetrators of such violence; (b) Develop a nationwide data collection program on cases of violence against women; (c) Take immediate measures to abolish the statute of limitation for registration of cases of sexual violence to ensure women’s effective access to courts for the crime of rape and other sexual offences; (d) Continue to provide the police, public prosecutors, the judiciary and other relevant Government bodies, as well as healthcare providers, with the necessary training on domestic and sexual violence and undertake wider awareness-raising programs in all communities, including Dalit community, specifically targeting men and boys; and (f) Adopt and enact without delay the draft law under preparation which significantly increases the punishment for marital rape, as mentioned during the dialogue, and undertake an awareness-raising campaign on the new provisions in this regard. (Paragraphs 19 and 20) UN Committee against Torture The Committee is concerned about continued allegations of gender-based violence and abuse against women and children in custody, including acts of sexual violence by law enforcement personnel. The State party should ensure that procedures are in place to monitor the behaviour of law enforcement officials, and should promptly and impartially investigate all allegations of torture and ill-treatment, including sexual violence, with a view to prosecuting those responsible. The State party should provide to the Committee a list of cases of gender-based violence and abuse against women and children in custody that have been investigated and prosecuted, and the perpetrators punished. (Paragraph 27) UN Special Rapporteur on indigenous peoples On a positive note, indigenous women leaders report a number of achievements in recent years, as the elections to the Constituent Assembly in April 2008 ensured broader representation of previously marginalised groups, including indigenous women. In addition, there is an increase in the availability of legal remedies for violence against women and the ability to file a claim for marital rape. But the widespread implementation of such advances still remains to be seen, and indigenous women expressed the view that they are still lacking in equal decision-making opportunity. The Special Rapporteur received various reports of alarming instances of domestic violence (both physical and psychological), rape and homicide, which to varying degrees seem to go unreported or unprosecuted. Suicide rates were reported to be high among indigenous women. There are also patterns of trafficking of indigenous women and girls. (Paragraph 46) Universal Periodic Review (January 2011) A - 107.18. Ensure that any form of violence against children and child recruitment becomes punishable under domestic law (Hungary); intensify efforts for the effective and rapid social and educational reintegration of child soldiers who remain in military camps (Spain); (accepted) A - 107.22. Ensure that the cases of violence against women and girls are duly investigated (Thailand); (accepted) A - 108.20. Regarding human trafficking and violence against women and children, take further legislative steps, where necessary, and accelerate efforts for their effective implementation (Japan); (accepted) _______________________________________________________________________ Discrimination in the provision of citizenship rights UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is also concerned that many groups of children are not registered and/or are ineligible for Nepalese citizenship, with gravely negative consequences on the full enjoyment of fundamental rights and freedoms by those children, in particular, the right to know and be cared for by parents. The Committee is particularly concerned that under the current provisions of the Birth, Death and other Personal Incidences (Vital Registration) Act of 1976 a mother may experience difficulties in registering her child, and similarly, the Citizenship Act of 1964 does not allow a child to claim nationality with his/her mother’s name. As a consequence, children born to foreign fathers, abandoned children, orphans, children born to single mothers and children from the Badi community who may not be able to identify their fathers are unable to obtain citizenship. In addition, the Committee expresses concern that birth registration of Bhutanese refugees is not carried out by the authorities. (Paragraph 42) The Committee further recommends the State party to amend, as a matter of priority, the relevant legislation, most notably the Birth, Death and other Personal Event (Vital Registration) Act of 1976, the Citizenship Act of 1964 and articles 9 (1), (2) and (5) of the Constitution to ensure full compliance with articles 7 and 8 of the Convention. The Committee also urges the State party to, as a matter of priority, review its policy regarding birth registration of refugee children and ensure that all children of refugees and asylum seekers born in the State party are issued with birth certificates. (Paragraph 44) UN Committee on the Elimination of Discrimination against Women While noting the State party’s explanation that women are not subjected to discrimination in access to citizenship, the Committee remains deeply concerned about obstacles for women to transfer citizenship to their children and foreign husband, for married women to obtain citizenship certificates, and about the persistence of the underlying conditions obstructing access to citizenship including poverty, geographic isolation and onerous administrative requirements. The Committee strongly urges the State party to: (a) Ensure that the new Constitution provides for equal and full citizenship rights for women, including by exerting their right to transfer citizenship to their children and foreign husband; (b) Implement training programmes to Government officials at all levels on legal provisions related to transfer of citizenship; (c) Carry out a second comprehensive national campaign to issue citizenship certificates, taking into consideration the hardships faced by women in securing proof of nationality; (d) Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; and (e) Ensure that children born on the territory of Nepal who would otherwise be stateless be granted Nepali citizenship. (Paragraphs 25 and 26) _______________________________________________________________________ Child labour, including in hazardous conditions UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee notes with satisfaction the various efforts taken by the State party to eliminate the worst forms of child labour, in cooperation with the civil society actors, the donor community, and most notably, the International Labour Organisation, including ratification of relevant ILO Conventions and national laws (see paragraphs 3 and 4 above), the planned adoption of a National Master Plan and of the Time Bound Programme. Nevertheless, the Committee remains gravely concerned about the significant proportion of children in the State party who engage in labour, which is often full-time, and extremely hazardous. The Committee is also concerned that the enforcement of domestic legislation in this area remains weak. The Committee is concerned about the shortage of labour inspectors due to the State party’s lack of financial resources. The Committee is also concerned that even though a large majority of the population, including children, work in the informal economy, the Child Labour Act which prohibits unlawful employment of children applies only to formal sectors of the economy. While welcoming the abolition in 2000 of the Kamaiya system of bonded labour and the enactment in 2002 of the Kamaiya Prohibition Act, the Committee is concerned that a large number of Kamaiya children remain unreleased and continue to work as bonded labourers, and that many thousands of Dalit bonded labourers (haliya), including children, are reported to be working in agriculture in Western Nepal and in the plains. The Committee is particularly concerned that they continue to face serious difficulties in the areas of the right to housing, land, work and education. The Committee recommends the State party to strengthen the enforcement of the existing legislation and policies to eradicate the practice of bonded labour by children. The Committee also urges the State party to make every effort, including taking preventive measures, to ensure that those children who engage in labour do not work under conditions which are harmful to them and that they continue to have access to education. The Committee urges the State party to amend the Master Plan for Child Labour, Child Labour Act and other relevant legislation so that the necessary regulation of child labour applies to all areas of work, including the informal sector of the economy. The Committee further recommends the State party to take action to fully implement all policies and legislation relevant to child labour, inter alia, through public awareness campaigns and education for the public on the protection of the rights of children. Furthermore, the Committee recommends the State party to strengthen the implementation of the Kamaiya Prohibition Act, and to take effective measures to ensure the social integration of the emancipated Kamaiya workers. The Committee recommends that the State party include, in its next periodic report, information on the achieved results of the measures taken in this respect. (Paragraphs 90 to 94) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that despite the efforts of the State party to abolish the worst forms of child labour, the prevalence of child labour remains high, particularly in hazardous conditions of work in agriculture and in manual crafts and in industrial work, domestic work, and ragpicking. The Committee notes with grave concern that children continue to work in conditions of bonded labour. (Paragraph 19) The Committee recommends that the State party continue to address the situation of children engaged in the worst forms of child labour, with the assistance of the International Labour Organisation. The Committee recommends that measures to rehabilitate affected children, to monitor their work conditions and their living conditions following removal from such work, be strengthened and significantly expanded to cover all children engaged in the worst forms of child labour. (Paragraph 38) UN Committee on the Elimination of Discrimination against Women While welcoming the prohibition of so called bonded labour, the Committee is concerned about reports that such practice still exists among the indigenous group of Tharu people. The Committee is further concerned about the high rate of child labour, with a particularly high level of girls of 8-14 of age exposed to it; the high proportion of women in the informal sector, and the widespread prevalence of sexual harassment in the workplace. The Committee notes with concern that the draft law on sexual harassment has been pending before Parliament since 2009. The Committee recommends that the State party ensure equal opportunities for women in the labour market, in accordance with article 11 of the Convention. To this end, the Committee recommends that the State party: (a) Strengthen its efforts to eradicate bonded labour and child labour and ensure effective implementation of the ILO Convention No 105 on Abolition of Forced Labour; (b) Regulate the informal sector to ensure that women in this sector are not exploited; (c) Align the draft law on sexual harassment in the workplace with the Committee’s general recommendation No. 19, enact it without delay and ensure its effective implementation; (d) Develop a confidential and safe system of filing complaints, facilitate access to justice for victims of sexual harassment and conduct awareness-raising campaigns targeting in particular working women to break down the culture of silence surrounding sexual harassment; and (e) Consider ratifying the ILO Convention No 189 on Decent Work for Domestic Workers. UN Special Rapporteur on indigenous peoples However, these compensation schemes have not fully worked in practice. Local communities claim that their current allotments of land and resources are insufficient for sustainable farming. Some former Kamaiyas still lack identification cards and land allotments, leading them to encroach onto neighbouring forests or establish unauthorised settlements in urban areas, with constant threats of eviction. The desperate situation of many former Kamaiyas contributes to perpetuating the sending of children to work as domestic workers in wealthier homes through the Kamalari system of perpetual servitude, which, although outlawed in 2006, is still practised. (Paragraph 40) Measures should be enhanced to eradicate the Kamalari practice of bonded child labour and to rehabilitate children who have been victims of that system. (Paragraph 97) UN Representative of the Secretary-General on internally displaced persons The main problems and needs faced by IDPs in Nepal are security and protection; discrimination; food, shelter and health; access to education for children; documentation; sexual abuse and increased domestic violence; risk of increased female prostitution; risk of increased child labour; lack of protection of property rights; and denial of voting and electoral rights; (Paragraph 65d) International Labour Organisation Article 2(1) of the Convention. Scope of application. The ILO Committee had previously noted that the Child Labour Act which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government had been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO–IPEC Time-Bound Programme (TBP)to identify the gaps in the Act and make it compatible with the Convention. The Committee had further noted the Government’s information that the Labour and Employment Policy of 2005 which spells out the policy of eliminating child labour would adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children were employed in the informal sector, the Committee had requested the Government to continue its efforts to enforce the minimum age provisions in the informal sector. The Committee noted the Government’s indication that though the labour inspections show a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also noted the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that measures will be adopted very soon under the Labour and Employment Policy of 2005 with a view to abolishing child labour both in the formal and the informal sectors. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. It requests the Government to provide information on this subject. The Committee finally requests the Government to provide information on any progress made following its discussions with the social partners for the improvement of the Child Labour Act, in particular the application of the minimum age provisions in the informal sector. Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organisations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years. Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observed that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardise the health, safety or morals of young people, other than night work. The Committee therefore once again reminded the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorised to perform types of hazardous work in accordance with Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures 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. Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee had reminded the Government that Article 3(3) of the Convention authorises, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalled that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorisation to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorised in conformity with the provisions of Article 3(3) of the Convention. Article 8. Artistic performances. The ILO Committee had previously noted that section 6 of the Child Labour Act stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organised in the larger interests of children”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organisations in future. The Committee noted that the Government’s report does not contain any information on this point. The Committee therefore once again recalled that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee once again requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention. Part V of the report form. Application of the Convention in practice. The Committee further noted the Government’s information that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Committee also noted 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 were registered from 59 districts. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons. The Government also provided further statistics on educational measures provided for children affected by child labour. CEACR: Direct request concerning the Worst Forms of Child Labour Convention (No. 182) Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The ILO Committee had 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. The Committee had 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 the absence of information in the Government’s report, the Committee once again expresses the firm hope that as part of the legislative amendments, measures will be taken to expressly 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. It requests the Government to provide information on the progress made in this regard. Use of a child for begging. The ILO Committee had previously noted section 3 of the Begging (Prohibition) Act, 1962, which makes it an offence to ask or encourage a child under 16 years to beg in a street, junction or any other place. It had encouraged the Government to raise the age of a child from 16 to 18 years under that provision. The Committee had further noted the Government’s information 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. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that appropriate amendments will be made to the Begging (Prohibition) Act of 1962. Article 3, clause (d), and Article 4(1). Hazardous work and determination of types of hazardous work. The ILO Committee had previously noted sections 2(a) and 3 of the Child Labour (Prohibition and Regulation) Act which prohibit the employment of children under 16 years in hazardous work or enterprises listed in the schedule. The Committee had noted the Government’s statement that the age of a “child” as mentioned in the above legislation needs to be raised to 18 years in order to make it consistent with the provisions of this Convention. It had also noted the Government’s information that appropriate amendments would be made to the national legislation after the elected constitutional assembly is formed and the fully fledged parliament starts to function. The Committee notes the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993. However, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardise the health, safety or morals of young people, other than night work. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorised to perform hazardous work, in conformity with Article 3(d) of the Convention. The Committee also requests the Government to take the necessary measures 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, paragraph 2, of the Convention. It requests the Government to provide information on the progress made in this regard. Self-employed children. The ILO Committee had previously noted that self employed workers do not benefit from the protection laid down in the Child Labour (Prohibition and Regulation) Act. It had noted the Government’s statement that the Ministry of Labour and Transport Management and the Ministry of Labour and Employment Promotion organised five workshops as a means to strengthen the capacity of labour officers and factory inspectors to consider seriously the worst forms of child labour, including in the informal sector. The Committee had also noted the Government’s information that with the support of ILO–IPEC, three national-level trade union federations are trying to extend their work against child labour in the informal sector by unionising the agricultural sector. The Committee notes the Government’s statement in its report under Convention No. 138 that though the labour inspections shows a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. The Committee requests the Government to take immediate and effective measures to ensure that self employed children under 18 years of age are protected against the types of work, which by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s statement that according to the labour inspection report of 2007–08 and 2008–09, the figures of child labour in the organised sector is very rare. It also notes the information provided by the Government in its report under Convention No. 138 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 were registered from 59 districts. The Committee requests the Government to continue providing 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. It also requests the Government to indicate how many of the cases registered by the CCWC related to trafficking in children, child sexual commercial exploitation, illicit activities and hazardous work. Police. The ILO Committee had previously noted the Government’s indication that the Nepalese police had established a separate cell to take care of the issues related to the trafficking of women, girls and boys at the central level and district levels (in 17 districts). The Committee once again requests 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, and the number of violations detected under the new Trafficking (Control) Act, 2007. Project for the elimination of bonded labour. The Committee had previously noted the General Federation of Nepalese Trade Union’s (GEFONT) statement that although the kamaiya system was abolished by formal declaration of Parliament in 2000, child bonded labourers are still suffering. It had noted the Government’s information that the ILO–IPEC project entitled “Sustainable elimination of bonded labour” launched by the Government in 2000 targeted the rehabilitation of freed kamaiyas in the mid-western Terai districts. The Committee had further noted the Government’s statement that several studies carried out in different economic sectors indicated a total of 17,152 children working as bonded labourers. The Committee notes with interest the information in the Government’s report that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Government also provided a statement including information on education and training measures for child domestic workers. Universal Periodic Review (January 2011) A - 106.32. Strengthen implementation of its Child Labour (Protection and Regulation) Act 1999 (Bhutan); (accepted) A - 107.19. Establish State structures for the supervision, prevention, rescue and rehabilitation in the cases of child labour and mendacity and ensure that those responsible be prosecuted and sanctioned (Spain); (accepted) A - 107.20. Abolish all forms of child labour, including bonded labor and take measures to ensure that no person under 18 years of age is allowed to perform hazardous work, in accordance with the ILO Convention No. 138 (Poland); (accepted) _______________________________________________________________________ Inadequate sexual and reproductive health care and education UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is concerned that insufficient attention has been given by the State party to adolescent health issues, including developmental, mental and reproductive health concerns. The Committee expresses concern that adolescents face particular physical and mental health risks, including from sexual abuse, violence, drug and alcohol abuse and sexually transmitted diseases including HIV/AIDS, and the low level of awareness of reproductive health issues among adolescents. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the nature and extent of adolescent health problems and with the full participation of adolescents, use this as a basis for the formulation of adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted diseases, in particular through reproductive health education and child-sensitive counselling services and take into account the Committee’s general comment No. 4 (2003) on adolescent health and development in this regard; (b) Provide developmental and mental health counselling services as well as reproductive health counselling and make them known and accessible to adolescents; (c) Take measures to incorporate reproductive health education in the school curriculum and conduct awareness-raising campaigns to fully inform adolescents of reproductive health rights, including prevention of sexually transmitted diseases including HIV/AIDS and early pregnancies; (d) Continue to work with international agencies with expertise in health issues relating to adolescents, inter alia, UNFPA, UNICEF and WHO. (Paragraphs 63 and 64) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the Aama programme for free delivery services, as well as the decrease in the maternal mortality rate. However, the Committee is deeply concerned about: the low access to basic medical care, in particular by women in situation of poverty, rural women and women with disabilities; the persistence of a very high maternal mortality and morbidity rate, in particular among rural, poor and young mothers; the challenges in accessing delivery services, especially emergency obstetric care; poor nutrition, which is strongly correlated to higher risks of maternal mortality and morbidity; the high prevalence of Uterine Prolapse despite efforts of the State party to provide corrective surgery; the high rate of unsafe abortion, in particular by women in situation of poverty, women from rural villages and from marginalised communities within urban areas, in spite of the legalisation of abortion in 2002; the lack of access to family planning and the highest unmet needs for contraception of rural women, adolescents, poor women and women with disabilities; and the lack of data on HIV prevalence of pregnant women. The Committee recommends that the State party: (a) Ensure access to basic health care and health-related services, within the framework of the Committee’s general recommendation No. 24, in particular for poor and rural women and women with disabilities, and enhance the number of medical staff, including female doctors and other health care providers; (b) Develop and pursue effective policies and programs to further reduce maternal mortality rate; (c) Prioritise programs that ensure access to a full range of maternal health services, including antenatal, postnatal, and emergency obstetric care, particularly for poor women, rural women, and young mothers; (d) Address discriminatory and harmful practices against women and girls such as the lack of provision of sufficient food and the Chaupadi practice, which jeopardise women and girls well-being and health, including reproductive health; (e) In order to combat the problem of uterine prolapse, take preventive measures, such as adequate access to family planning, awareness raising and training under the already-existing Safe Motherhood programs, and ensure sufficient allocation of funds for quality corrective surgeries and follow up visits, which prevent post-operative complications such as fistula and other health problems; (f) Improve access to abortion services throughout the country; and (g) Address unmet need for contraception by prioritising universal access to the full range of contraceptive methods, information, and services, including emergency contraception, with a particular focus on rural women, poor women, and adolescent girls. (Paragraphs 31 and 32) _______________________________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, September 2005) While welcoming the establishment of Juvenile Benches in all the district courts to deal with cases relating to children in conflict with the law, and that training programmes have been organised for law enforcement officials, including the Police Academy, the Committee remains of the view that the legislation and policies of the State party are not in conformity with international juvenile justice standards. The Committee reiterates its concern that the minimum age of criminal responsibility is set as young as 10, and that there is no official system of age verification in place. The Committee is also concerned about conditions of detention, and that persons under 18 are in most cases not separated from adults while in detention due to lack of juvenile detention facilities. The Committee is also alarmed that children are often brought to trial “without any proper investigation” and that a large proportion of juvenile cases are dealt by District Administration Offices which are quasi-judicial. The Committee is also concerned at the lack of educational facilities in prisons. The Committee is also concerned about the reports of persons under 18 held under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance which has no set minimum age and grants security forces wide powers to arrest and detain any person suspected of being associated with the armed groups, including children. The Committee recommends that the State party review its legislation and policies to ensure the full implementation of juvenile justice standards, in particular article 37 (b) and article 40, paragraph 2 (b) (ii)-(iv) and (vii), of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (General Assembly resolution 40/33) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) (General Assembly resolution 45/112), and in the light of the Committee’s 1995 day of general discussion on the administration of juvenile justice. In this regard, the Committee recommends the State party, in particular to: (a) Ensure that detained persons below 18 years are always separated from adults, and that deprivation of liberty is used only as a last resort, for the shortest appropriate time and in appropriate conditions; (b) Expedite the construction of separate facilities (child correction centre) and separate cells in detention facilities for persons below 18 to ensure that they exist in all districts; (c) In cases where deprivation of liberty is unavoidable and used as a last resort, for the shortest appropriate time, improve procedures of arrest and conditions of detention and establish special units within the police for the handling of cases of children in conflict with the law; (d) Ensure that persons under 18 years are not held accountable, detained or prosecuted under anti-terrorism laws; (e) Review, and where necessary amend, all (judicial, legal and protection) procedures, including those of District Administrative Offices, so as to ensure that all persons under 18 years who are alleged as, or been accused of, breaking the law are fully guaranteed the right to a fair trial provided for by article 40 (2) of the Convention; (f) Provide formal training for judicial professionals on juvenile justice administration and human rights; (g) Seek technical cooperation from, inter alia, UNICEF and OHCHR. The Committee recommends the State party to amend or repeal the Terrorist and Disruptive Activities (Control and Punishment) Ordinance in the light of international juvenile justice standards and norms. (Paragraphs 97 to 100) UN Committee against Torture The Committee is concerned about: (g) The lack of a well-functioning juvenile justice system in the country, with children often being subjected to the same procedures, laws and violations as adults. In particular, the Committee is concerned about allegations of children being held under TADO for prolonged periods. Therefore, the State party should: (g) [T]ake the necessary steps to protect juveniles from breaches of the Convention, and ensure proper functioning of a juvenile justice system in compliance with international standards, differentiating treatment according to age. (Paragraph 21) Universal Periodic Review (January 2011) A - 108.2. Enact a Juvenile Justice Law compliant with international standards, to consolidate the legal framework surrounding the protection of the rights of children and to ensure the proper functioning of a juvenile justice system in the country (Maldives); (accepted) _______________________________________________________________________ Use of and conditions in detention for children UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is also concerned about conditions of detention, and that persons under 18 are in most cases not separated from adults while in detention due to lack of juvenile detention facilities. (Paragraph 97) The Committee is also concerned about the reports of persons under 18 held under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance which has no set minimum age and grants security forces wide powers to arrest and detain any person suspected of being associated with the armed groups, including children. (Paragraph 98) The Committee recommends that the State party review its legislation and policies to ensure the full implementation of juvenile justice standards, in particular article 37 (b) and article 40, paragraph 2 (b) (ii)-(iv) and (vii), of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (General Assembly resolution 40/33) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) (General Assembly resolution 45/112), and in the light of the Committee’s 1995 day of general discussion on the administration of juvenile justice. In this regard, the Committee recommends the State party, in particular to: (a) Ensure that detained persons below 18 years are always separated from adults, and that deprivation of liberty is used only as a last resort, for the shortest appropriate time and in appropriate conditions; (b) Expedite the construction of separate facilities (child correction centre) and separate cells in detention facilities for persons below 18 to ensure that they exist in all districts; (c) In cases where deprivation of liberty is unavoidable and used as a last resort, for the shortest appropriate time, improve procedures of arrest and conditions of detention and establish special units within the police for the handling of cases of children in conflict with the law; (d) Ensure that persons under 18 years are not held accountable, detained or prosecuted under anti-terrorism laws; (Paragraph 99) The Committee recommends the State party to amend or repeal the Terrorist and Disruptive Activities (Control and Punishment) Ordinance in the light of international juvenile justice standards and norms. (Paragraph 100) UN Committee against Torture The Committee is concerned about: (g) The lack of a well-functioning juvenile justice system in the country, with children often being subjected to the same procedures, laws and violations as adults. In particular, the Committee is concerned about allegations of children being held under TADO for prolonged periods. Therefore, the State party should: (g) [T]ake the necessary steps to protect juveniles from breaches of the Convention, and ensure proper functioning of a juvenile justice system in compliance with international standards, differentiating treatment according to age. (Paragraph 21) UN Special Rapporteur on Torture The conditions of detention in the facilities the Special Rapporteur visited were generally poor, especially in terms of overcrowding and sanitation and acknowledges that the lack of adequate resources may be partly to blame. However, the conditions in Hanuman Dhoka Police Office could only be described as inhuman. Among other things, the cells were filthy, overcrowded - sometimes 12 persons in a cell approximately 3 m x 4 m - poorly ventilated, with no provision for any leisure activities. The detention of several 14-year-old boys among the adults was seriously disturbing to the Special Rapporteur. (Paragraph 28)
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Concluding Observations published: 29 July 2011
Last reported: 9 and 10 November 2006
Concluding Observations published: 13 April 2007
CEACR: Direct Request concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2012
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Last report: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
Concluding Observations published: 29 July 2011
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Concluding Observations published: 29 July 2011
Country visit: 24 November to 2 December 2008
Report published: 20 July 2009
Country visit: 13 to 22 April 2005
Report published: 7 January 2006
Concluding Observations published: 29 July 2011
Last reported: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
Concluding Observations published: 29 July 2011
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Last reported: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
CEACR: Direct Request concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2012
Last reported: 1 and 3 May 2007
Concluding Observations published: 16 January 2008
Last reported: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
Last reported: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
Last reported: 9 and 10 November 2005
Concluding Observations published: 13 April 2007
Country visit: 10 to 16 September 2005
Report published: 9 January 2006
Report published: 13 April 2010
Country visit:6 to 14 December 2004
Report published: 28 January 2005
Country visit: 5 to 14 February 2000
Report published: 9 August 2000
Report published: 13 April 2010
CEACR: Direct request concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2012
Country visit: 6 to 14 December 2004
Report published: 28 January 2005
Country visit: 5 to 14 February 2000
Report published: 9 August 2000
Report published: 13 April 2010
Concluding Observations published: 29 July 2011
Last reported: 9 and 10 November 2005
Concluding Observations published: 13 April 2007
Country visit: 24 November to 2 December 2008
Report published: 20 July 2009
Concluding Observations published: 29 July 2011
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Concluding Observations published: 29 July 2011
Country visit: 24 November to 2 December 2008
Report published: 20 July 2009
Country visit: 13 to 22 April 2005
Report published: 7 January 2006
CEACR: Direct request concerning the Minimum Age Convention (No. 138)
Published: 2012
Published: 2012
Concluding Observations published: 29 July 2011
Last reported: 9 and 10 November 2005
Concluding Observations published: 13 April 2007
Last reported: 9 and 10 November 2005
Concluding Observations published: 13 April 2007
Country visit: 10 and 16 September 2005
Report published: 9 January 2006
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