National Legislation and Policies Against Child Labour
in Nepal
Legislation
The Constitution of Nepal, 1990, seeks to protect the interests of children by conferring on them certain
fundamental rights and imposing for their benefit certain 'directive principles and policies of the State'.
The State shall make necessary arrangements to safeguard the rights and interests of children, ensure
that they are not exploited, and make gradual arrangements for free education.
Apart from the Constitution, the following three laws make important provisions for the protection and
advancement of the interests of children and child labourers:
- The Children's Act, 1992: This Act was enacted to protect the rights and interests of Nepalese
children and to ensure their physical, mental, and intellectual development. It also contains a number
of provisions on child labour, and it has recently been amended to make the Act more abuse-specific,
especially in relation to sexual abuse. The Act defines a child as a person below the age of 16 years and states that a child who has not attained the age of 14 shall not be employed in any work as
a labourer;
- The Labour Act, 1992, and Labour Rules, 1993, contain specific
provisions for the prohibition of employment of children below
the age of 14 years and prohibits admission to hazardous work
for minors (aged between 14 and 18 years);
- The Child Labour (Prohibition and Regulation) Act, 1999, followed Nepal's ratification of the ILO
Minimum Age Convention (No. 138), and has made important amendments in the Labour Act, 1992.
The Child Labour Act enlists specific occupations as hazardous work and prohibits the use of children
below 16 years of age in such activities. The Act has not yet been enacted.
Other legal provisions restricting child labour and trafficking in the country include: the Citizen Rights
Act, 1955; the Begging Prohibition Act, 1962; the Prison Act, 1962; the Common Law Code, 1963; the
Public Offence and Punishment Act, 1970; the Foreign Employment Act, 1985; the Trafficking Control
Act, 1986, and the Drug Trafficking (Control) Act.
Finally, the Self-Governance Act, 1997, makes important provisions for decentralised action for children
and against child labour. For instance, much of the power for protecting girl children has devolved on
the Village Development Committees (VDCs), which are obliged to give priority to development projects
that directly benefit children.
Nepal is a signatory to the:
- ILO Worst Forms of Child Labour Convention (No. 182);
- ILO Minimum Age Convention (No. 138);
- ILO Forced Labour Convention (No. 29);
- UN Convention on the Rights of the Child (CRC).
Government policies and programmes
The growing conflict in Nepal has plunged the nation into chaos, with poor
people in outlying areas being profoundly affected. On 21 February
2004, Nepal's Human Rights Commission declared that it could no
longer keep up with the scope and the magnitude of human rights
violations and abuses being committed by the security forces and
the Maoists respectively. Abductions, extra-judicial executions,
torture, and rape are now a daily occurrence in Nepal. On 9 March
2004, the Maoists imposed a state of siege in 13 districts, bringing
transportation to a halt and disrupting commerce. The education
system is under assault, with schools being turned into exercise
grounds for the security forces, or as recruitments stations for
the Maoists. The work of international development agencies and
the UN is being hindered by fresh demands for payment of fees by
local Maoist commanders.
Some positive steps have, however, been taken recently with regard
to child labour and policy development. One of these is the ten-year
National Plan of Action for Children, based on the UNGASS Declaration.
The plan has been through several rounds of consultations and is
about to be finalized. The ILO's International Programme on the
Elimination of Child Labour (IPEC) has been an active partner of
the Government in the development of the plan. Through its rights
based approach, the plan differs considerably from earlier plans
and programmes, which were more welfare oriented. Child labour issues
are highlighted in the plan under the chapter on protection. HIV/AIDS
is another central issue of the plan, an issue on which IPEC has
taken the lead in Nepal. The Ministry of Labour and Transport Management
(MOLT) and its Child Labour Section assume responsibility on issues
concerning child labour. Currently, the Ministry is coordinating
and finalizing His Majesty's Government of Nepal's Master Plan of
Action for the Elimination of Child Labour.
The Master Plan outlines strategies and programmes that are aimed at the elimination of child labour.
The time-frame of the Master Plan has been expanded from earlier drafts, from 2006 to 2010 for the
Worst Forms of Child Labour, and from 2010 to 2014 for all forms of child labour.
Nepal has prepared a core Education For All (EFA) document for the period of 2004/09. The EFA
envisages that by 2015, there should be universal access to quality basic education. A key measure
to be implemented under the proposed EFA 2002/09 is providing 60 per cent of the education budget
directly to schools. This is expected to increase the net enrolment rate from the current 81 per cent
to 96 per cent, and the literacy rate of those above 15 years of age from the current 48 per cent to
60 per cent by 2009. Also under the EFA is an initiative for five donors to provide financial assistance
that will be spent in bringing 2.6 million new students to pre-primary schools. These various initiatives
are expected to improve the access to and quality of schooling and will hopefully also benefit children
in the worst forms of child labour. Among other important efforts figures the decision taken in July 2000
by His Majesty's Government of Nepal to outlaw the Kamaiya system of bonded labour, under which
debt-ridden rural farmers and their children work as bonded labourers to pay off debts incurred by their
ancestors. From the perspective of child development, the Ministry of Women, Children and Social
Welfare and its Central Child Welfare Committee assume the responsibility for children and their right
to development and protection. The Ministry also leads the efforts to combat trafficking and, with the
assistance of IPEC, has revised the National Plan of Action to include combating trafficking in women
and children for sexual exploitation.
In addition, His Majesty's Government of Nepal has formed a number of commissions and bodies,
including the Child and Women Development Section in the National Planning Commission and the Social
Welfare Council, which is responsible for monitoring social welfare activities in the country. Under the
coordination of the chief district officer, District Child Welfare Boards have been set up at the district
level. These agencies are responsible for coordinating policy planning and for formulating action
programmes related to the welfare, development, and rehabilitation of children working in difficult
situations. Juvenile benches have also been established in district courts.
However, all these efforts are currently threatened by the current conflict involving the Maoist insurgency
and the Government of Nepal. Since a state of emergency was imposed in November 2001, the security
situation has been deteriorating. Maoist attacks have intensified in urban areas as well, including in
Kathmandu. In many parts of the country, there is no semblance of local government and schools have
been closed. The implementation of IPEC programmes has been profoundly affected by the current crisis.
Besides security concerns, many children are displaced from rural to urban areas, where they often
become child workers. National mobilization against child labour is also decreasing as security concerns
prevail.
As a result of the growing armed conflict in Nepal, IPEC has redefined its priorities and programming.
More than anything else, in order to remain relevant, IPEC has ensured that its development strategies
are dictated by humanitarian principles. For example, IPEC Nepal has worked closely with UNICEF Nepal
and other agencies to design land mine education materials that will be widely distributed by its respective
implementing partners. IPEC Nepal has developed focused mini programme interventions for internally
displaced children in urban areas, who have ended up in the worst forms of child labour, such as the
ragpickers working in Chitwan district.
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