child tabour

Transcription

child tabour

jg3 e trs
lnternational Pr o gr amme o n the Eliminatio n of chilil
L ab
our (lpB c)
INTERNATIONAL LABOUR OFFICE
@
CHILD TABOUR
IN NEPAL
Volume II
An Overview
and
A Proposed Plan of Action
prepared for the National Workshop on Policy and Programming on Child Labour
heldby the lnternational Prcgramme on the Elimination of Chitd Libour (IPEC) of the ILO
in collaboration uith the Ministry of Labour, His Majesty's Goaernment of Nepal
in Kathmandu from 22-25 August 1995
s(D.af
e^{
clt ' 4
Cover photograph by Child Workers in Nepal Concerned Centre (CWIN)
PREFACE
His Majesty's Govemment of Nepal signed a memorandum of understanding with the
ILO in L995, extending the operation of the ILO's International Programme on the
Elimination of Child Labour (IPEC) to the Kingdom. The main objectives of the
Programme are to :
(i) contribute
substantially
in the long term to the elimination of child labour in
selected countries;
(ii) enhance the capabilities of the member states to design and implement policies
and progranunes effectively to protect working children and combat child labour;
and
(iii)increase the awareness of the member states and the intemational community as a
whole as to the dimensions and consequences of child labour and the national
obligations under international law.
As part of the preparatory work for launching IPEC in Nepaf a national workshop
on policy and programming on child labour was organized jointly by the ILO and the
Ministry of Labour in Kathmandu from 22-25 fuigast 1995. The workshop brought
together participants from various Ministries and organizations of His Majesty's Government concerned with child labour, employers', workers' and other non-governmental organizations as well as academic instifutions. The representatives of the ILO,
UNICEF and the UNFPA, international non-governmental organizations, donor agencies and diplomatic missions also attended the workshop. There was a wide ranging
discussion concerning child labour: the types; the causes; the policies having a bearing on it, including those on primary, secondary and vocational education; legislation
and enforcement as well as other measures taken for the protection of working children. The workshop prepared a national framework of action against child labour
in Nepal and a set of proposals for developing projects/action programmes to combat
the problem.
The documents of the workshop are presented in two volumes:
I comprises the proceedings of the workshop, the
national framework of action against child labour in Nepal, a
set of proposals for action programmes, the list of participants
and the speeches made at the inaugural ceremony.
Volume
Volume II comprises the background document, entitled,
'Child Labour in Nepal: An Overview and A Plan of
Action", which provided the basis for discussion at the
workshop.
A handy document containing the national framework for action against child
labour is also being brought out separately.
The ILO thanks the Ministry of Labour for their collaboration and support in holding
the workshop. It gratefully acknowledges the work done by Dr. (Mrs.) ]yoti Tuladhar
and Mrs. Sapana Malla in drafting the background document, "Child Labour in
Nepal: An Overview & A Plan of Action". It also thanks Mr. Yadav Amatya and Dr.
Hridaya Bajracharya, who served as the rapporteurs at the workshop. The support
and guidance received from Mrs. G. Stoikov, Programme Manager and Mrs. P. Boonpala,
Programme Officer, IPEC, ILO, Geneva, greatly contributed to the success of the
workshop. The documents have been edited by Mr. Hirak Ghosh, Sub-regional Adviser of IPEC for South Asia.
A. Timofeev
Senior ILO Adviser,
Kathmandu
Table of contents
Chapter I
Introduction
Context
1.2 The Nepalese Context
1.3 Objectives and Scope of Study
Nature and Extent of Chid Labour
2.1 Introduction
2.2 Child Population
2.3 Trends in Child Labour
1..1. General
Chapter
II
't
Overview and
2.4 Major Types of Child Labour and their
1
2
4
5
5
5
5
Extent
Sector
2. .ZManufacturing Sector
2.4.3 Service Sector
2.5 Working Conditions and Hazards
2.S.lHardships due to Migration
2.S.ZConditions of Employment
2.6. Factors Contributing to Child labour
2.6.1. Poverty
2.6.2Family disharmony and diminishing
2.4.'1, Agriculture
7
8
9
11
'Lg
13
't4
'1,7
1.7
18
family support
illiteracy
2.6.4Deception/Victimization
2.6.5 Lack of alternatives
2.6.6Legal enforcement
2.6.7 Prevalence of public attitudes
2.6.3 A high level of
18
18
18
18
18
and values
Chapter
III
2.6.8Low Bargaining Power of child labourers 18
Legislation and Enforcement
t9
3.1 Nepal's International Obligation
19
to Eliminate Child Labour
3.2 Constitutional Framework on Child Labour
21.
3.3 Legal Framework on Child Labour
3.4 The Labour Act 2048 BS (1992 AD) and
the Labour Rules 2050 BS (1993 AD)
3.5 The Children's Act 2048 BS (1992 AD) and the
Children Rules 2051 BS (1995 AD)
22
22
25
3.6 Other legislations containing
provisions
27
on child labour
3.7 Machinery of Enforcement of labour legislation
3.8 Anomalies and deficiencies in the legislation
27
28
on child labour
Chapter IV
Chapter V
3.9 Problems relating to enforcement
29
3.1OConclusions and Recommendation
30
Education and its Relation to Child Labour
33
4.1 Introduction
4.2 Educational Achievements and Policy
33
(Primary and Secondary Levels)
33
4.3 Primary Education
4.4 Secondary Education
4.5 Literacy and Non-Formal Education
4.6 Vocational Education
4.7 Current Policies and Prograrrunes
4.8 Cost of Education
4.9 Inefficiencies of the school system
34
National Policies and Programmes
4t
5.1 National Policies and Mechanisms
For
36
36
38
39
39
40
41
Ensuring Child Rights Protection
5.2 Ptogranunes of NGOs, International
42
organizations and EmPloYers' and
Workers' Organization
Chapter VI
References
Conclusions and Recommendations
47
6.1 Conclusions
6.2 Recommendations
47
48
Chapter
I
Introduction
l.L General Overview and Context
Child labour has emerged as a major social problem in much of the Third World
Countries where rapid increase in population, economic stagnation, structural adjustment policy implications, drought, war and disease have decreased the ability of
families to earn a decent living. As part of family survival strategy used to cope with
financial pressures, more and more children are being pushed into the labour market.
In terms of the size of the population involved, child labour is probably the issue that
involves the largest number of children worldwide.
It is true that child work has existed throughout history, but it was the employment of
children in factories and mines spawned by the Industrial Revolution in Europe which
made it more conspicuous, hazardous and exploitative. Consequently, the public raised
their voice against this practice which led to legislation to raise the minimum age of
employment and improve working conditions. The introduction of the system of
factory inspections and compulsory primary education appeared to have ultimately
led to the elimination of child labour from the organized workplace. A major factor
which contributed to the decline in child labour was the formalization of economic
activity into registered and discrete components of the public and private sectors and
the technological advance which required trained and mature workers. Thus, in any
attempt in abolishing child labour legislative measures and enforcement mechanisms
alone are not adequate. Experience has shown that there is a complex interplay of
many other factors which need consideration.
Child work has existed throughout history. It has been considered a potential learning experience or apprenticeship for the child and therefore not harmful. But child
labour is defined by differentiating it from child work as being exploitative by nature
and detrimental to the child's growing process, depriving the child of the rights to
survival, development, protection and participation.
Different positions are taken with regard to the elimination of child labour. One line
of argument states that childhood should be reserved for study and play and perhaps
light chores. Participation of children in the workforce weakens adult wages and
their future worth in the labour market and is thus a factor in generating the very
poverty that forces them to work.
Others maintain that work for children under appropriate protection and supervision, is an essential vehicle of juvenile socialization and training. Children wishing to
work should have the right to protected or sheltered work. Their claim is that prohibiting child labour without first raising family income from other sources may in many
cases plunge the children and the family into deeper poverty and destitution.
The definitions of "ch7ld", "work", "labour","exploitation", "hazard" and "developmentally damaging" need to be given serious attention in this context. Different soci-
CHILD LABOUR IN NEPAL
eties may have different thresholds for demarcating childhood and adulthood, but in
the context of child labour the ILO has clearly stated that childhood is a period of life
which should be dedicated not to work but to education and developmenf that child
labour, by its nafure or because of the conditions. in which it is undertaken, often
jeopardizes children's possibilities of becoming productive adults, and finally child
labour is not inevitable and progress towards its reduction and even its elimination is
possible when the political will to fight it exists. The fundamental objective of the ILO
policy in this matter is the abolition of child labour.
The Convention on the Rights of the Child (1989) also recognizes:
"the right of the child to be protected from economic
exploitation and from performing any work that is likely to
be hazardous or to interfere with the child's education, or
to be harmful to the child's health or physical, mental,
spiritual, moral or social development."
Child Labour was a major concern of the ILO when it was founded in L9L9 and it still
remains so. One of the principal ways in which the ILO has sought to combat child
labour is through the adoption of International Conventions and Recommendations
prescribing the minimum age for employment of children and assisting countries to
incorporate them in their own laws and policies.
Ten Conventions have set minimum ages for work in specific sectors of the economy.
The eleventh and the most recent Minimum Age Convention, No. 138, adopted in
1973, applies to all economic activities and is particularly significant. The Convention
stipulates that the minimum age for employment or work should not be less than L5
years, or at the end of compulsory schooling, whichever is higher. Light work may be
performed from the age of 13 years. Work is to be considered light if it is unlikely to
harm the child's health and development, and if it does not prejudice school or
vocational orientation. Hazardous work is prohibited below the age of 18 years , or
16 years if safety and morals are fully supervised and protected. The Convention is
flexible and can be adapted to the situation of developing countries, allowing the basic
minimum age to be temporarily set at 14 years and 12 years for light work.
The standard setting and regulatory activities of the ILO are complemented by research and documentation and by technical cooperation prograrunes. Lr 1992, the
ILO launched the International Programrne on the Elimination of Child Labour (IPEC),
with financial assistance by the Government of Germany. It gives a new impetus to
the ILO's operational activities, on the one hand, by supporting nationally executed
action programmes which focus on the worst abuses of child labour and on the other
hand, by promoting a worldwide movement against child labour. The objectives of
IPEC are to contribute substantially in the long term to the elimination of child labour
in a selected group of countries, to enhance the capability of the member states to
design and implement policies and prograrrunes to effectively combat child labour and
protect working children; and to increase the awareness of the member states and the
international community as a whole as to the dimensions and consequences of child
labour and the national obligations under international labour law.
1.2 The Nepalese Context
While little substantive research has been done in the field of child labour, anecdotal
and case study evidence suggest that the situation is definitely getting rapidly worse
in Nepal. Urban migration aggravated and accelerated by rural poverty has led to
more exploitation of child labour in recent years in Nepal. The trend of child -ig.a-
tion from hill to Terai and from rural to urban areas has also been increasing day by
day, as some preliminary studies (CAR-NWG 1993,1994) have shown. However, the
critical issues of child migration and labour have not yet been comprehensively and
systematically studied.
Recent global pressures against the use of child labour in the carpet industry in Nepal
and the problems of girl prostitution and trafficking have drawn public attention and
alerted the government and non-govemment organizations.
The changed political environment in Nepal since the establishment of the multiparty
democracy in 1990 has created an opportunity to place children high on the national
agenda. Child development is now undeniably recognized as an integral part of the
country's socio-economic development. On August 19, L990, the hrterim government
demonstrated its commitment to the cause of children's rights by ratifying the UN
Convention on the Rights of the Child.
Furthermore, in response to the World Summit Declaration signed by His Majesty's
Government of Nepal on December 12, 1990, a "Ten year National programme of
Action for Children and Development" has been formulated through a National Task
Force, coordinated by the National Planning Commission. The Constitution of Nepal
(1990) as well as the Labour Act (1992) contain specific provisions on the subject of
child labour. A comprehensive legislation called the Children's Act was also passed
in 7992. (see chapter on legislation and enforcement)
In February 1995, a Memorandum of Understanding was signed between the Ministry of Labour and the ILO on the International Programme on the Elimination of
Child Labour (IPEC) to the effect that:
"The aim of such cooperation (between HMG Nepal and
the ILO) will be to promote conditions to enable HMG to
progressively prohibit, restrict, and regulate child labour
with a view to its ultimate elimination; and increase
awareness in the national and intemational community of
the consequences and solutions to the child labour
problem."
Accordingly, the ILO has commenced a number of preparatory activities on IPEC in
Nepal. A National Steering Committee for IPEC has been formed by HMG in the
Ministry of Labour to advise on the nature and scope of IPEC activities to be undertaken in the context of the national policy on child labour and select action progranunes
for inclusion in the country programme of IPEC.
The National Council for Children and Women has been reformed under the Chairmanship of the Prime Minister, and is now in the process of being operationalized,.
will function as the highest national body in making policies and
concerning
women and children and will carry the mandate to monitor
Programmes
and evaluate all national prograrunes related to women and children.
The Council
Nepal has a strong social cohesion, fortified by values long established in a rural
environment and strengthened by the moral import of Hinduism and Buddhism.
Problems of street-children, girl prostitution, child labour, etc. cannot be compared in
scale to those of many other developing countries. However, the critical signs are
visible and unless major efforts are made (a) to initiate preventive strategies, (b) to
increase public awareness, and (c) to develop effective intervention mechanisms, the
situation may soon get out of control.
"When we confront a problem we often say "Don't just stand there, do somethhg !"
Now we are saying, "Don'tjust do something, stand there first" (William Myers,
1993). It is true that a systematic diagnosis of child labour situation based on accurate, and validated data, an analytical scrutinization of the situation from the perspectives of those who are "inextricably" trapped in it, and a serious consideration of
the multiplicity of factors responsible for the complex interplay in the situation are
urgently needed. Without such comprehension, there is a risk of launching simplistic
actions that are not only ineffective, but perhaps even detrimental to the welfare of
the children involved.
1.3 Obiectives and Scope
of Study
The present report is intended to serve as a background document on child labour for
a workshop to be organized in order to exchange views on the problem of child
labour in the country; identify policy options, strategies and practical measures aimed
at effective abolition of child labour and the protection of working children; and
heighten public awareness and promote action against child labour.
The principal objectives of this study, therefore, are as follows:
i.
ii.
Provide a review of the current child labour situation in Nepal;
iii.
Suggest policies and prograrunes needed to facilitate the development
tional Plan of Action to address the situation.
Explore and analyse the trends and causes of child labour in the country;
of a Na-
little official data on child labour as such, the study is based on
estimations derived from research surveys done primarily by NGO activist grouPs
such as the Child Workers in Nepal -Concerned Centre (CWIN), a large number of
case studies and articles, a few primary research based dissertations by University
students and published documents and interviews with government officers and NGO
child right activists. It is understandable, therefore, that there are many gaps in
Since there is very
information and some contradictions. But maximum efforts have been made to present
a coherent picture and an objective assessment of the sifuation.
Chapter
Il
Nature and Extent of Child Labour in Nepal
2.l lntroduction
It is difficult to arrive at an objective
assessment of the extent and the distribution of
to
the
lack
labour
in
Nepal
due
of
primary empirical data and systematic reliable
child
surveys.
However, some approximations can be made on the basis of data provided by the past
two Population Censuses of L98L and 1991., and the education related data from the
Ministry of Education, Culture and Social Welfare (1993). The Population Censuses
which are taken at intervals of every ten years are most comprehensive but they do
not offer information on working children under the age of L0. The school enrolment
figures provide reliable information to some extent. Another source of information is
the Multi-purpose Household Budget Survey (MPHBS) conducted by the Nepal Rashtra
Bank in 1984/85 which provides detailed information on economic activity rates,
hours of work, household income levels and education data of various age groups. A
few micro-level studies have also been carried out by NGOs working in the fields of
development, protection and rights of children in Nepal. Major trends can be discerned from a cumulative picfure drawn out on the basis of all these sources.
2.2Child Population
Nepal has a population of 18,491,,097 (1991, Census) in which children of 0-L4 years age
Spoup constitute 42.4% of the total population, comprising 41.3% female and 43.5o/o
male children. The percentage of under-fifteen population has increased over the years
from 41..3 in 1981 to 42.4% n 1991, (the total population in 1981 was 15,022,839).
2.3
Trends in Child Labour
The economically active population in 1991 was 56.6% of the total population, (comprising 68.2% of the males and 45.2% of the females). Of the 1,0-1,4 years age group,
22.85% was economically acdve (18.1% of boys and 28% of girls). Their involvement
in the agricultural sector was shown as 89.3% for both sexes (83.9% f.or boys and 93%
for girls). Consequently, in the non-agricultural sector, their overall involvement was
10.7% (1,6% for boys and 7o/o for girls).
Table 2.1
Composition of Population Distribution by Age and Sex Group
1
Age
Group
o-4
5-9
10-14
15-18
Male
1,190,581
1,117,141
919,290
599,399
Total Population 7,695,336
1991
981
Female
1,123,924
1,073,305
787,731
541,634
7,327,503
Both
Male
Female
Both
2,314,505
1,336,',127
2.707.352
1,707,O21
1,371,225
1,430,265
1,209,803
1,375,868
1,117,483
1,141,033
15,022,839
2,806,133
2,327,286
1,527,337
9,220,974
2j90,446
Source: Population Census, 1981 and 1991 , CBS.
750,252
777,085
9,270,123
18,491 ,097
According to the L981 Population Census, the overall economic participation rate for
both sexes was 65.1% (83.2% male and 46.2Yo female). Of the child population in the
1,0-1,4 age group, 57o/o was shown to be economically active (61,.3% boys and 51..9%
girls). Their involvement in the agricultural sector was 98.1.% (97.7% boys and 98.6%
girls) while in the non-agricultural sectoral they were involved as follows: 1.9% (both
sexes) - 23% boys and 1,.4o/. gltls.
Table 2.2
Economically Active Population in the age group of 10 - 14 years
1
Male
563,361
Economically active
population in the
10-14 age group (A)
Percentage of (A) to
61.28
the total population in the age group
981
1
Female
409,337
972,698
218,979
51.96
56.98
18.10
991
Female
Total
312,856
27.99
531 ,835
22.85
Population in the age group of 10-14 years employed in non-agriculture activities
1
Male
Economically active
12,841
population in non-agricultural
activities in the 10-14 years age group(A)
I 991
981
Female
5,699
Total
Male
18,540
35,146
1.4
1.9
16.0
Percentage of (A) to the
2.3
total population in the age group
Female
21,830
7.O
Total
56,978
10.7
Source: Population Census, 1981 and 1991, CBS.
L98L and L99L clearly reveals that in the age
group 1,0-1,4 years, the cumulative extent of child labour has declined from 57% tn
1981 to 22.9% in 1991. Their involvement in the non-agricultural sector has however
increased from 1,.9% in 1981 to 10.7o/o rn 1991, while in the agricultural sector, there is
a decline from 98.1,% in 1981 to 89.3% in 1991.
A comparison of the census data for
A word of caution about the determination of the overall economic activity rate in the
is important here. According to the L981 census "the economic activity of a
person" refers to gainful activity during a minimum eight-month period of the year
preceding the census. In the 1991 census tabulatiory those who worked for at least
three months and those seeking employment were classified as "economically active".
Therefore, the economically active of the 1981 census is not comparable to the economically active of 1991,.
censuses
An additional set of data which shed more light on this can be taken from educational
enrolment figures. In 198L, the total population in the age group 6-15 years was 3.659
million of whom 1,.702 fi:-tllion were reported as enroled in school. It can be assumed
that all those not attending school, that is 53% were at work.
In 199L, the total population in the age group 6-L5 years was 4.898 million of whom
3.657 million were seen as enroled in school Assuming that those not attending
school are child workers, it can be estimated that approximately 1,.240 million children (i.e. 25%) n the age group 6-L5 years are at work (HMc/Ministry of Education,
Culture and Social Welfare, 1993). However, it is well known that many children
who go to school work part time too.
The estimated figures of child workers assumed from the enrolment data available are
very close to those given in the population censuses. This means that the percentage of
child labour overall has declined considerably within the last ten years. This is contrary to the general impression that child labour is assuming serious proportions in
Nepal. This is formed no doubt by the evidence of a steep rise in child labour in urban
areas concentrated in the non-agricultural sector.
The official figures on child labour are underestimates of the real extent of child labour
in Nepal as they ignore the participation of children in economic activity below the age
of L0 years. A non-governmental organisation CWIN has estimated the extent of child
labour as follows: there are 5.7 million children who are either directly or indirectly
employed as child labourers in Nepal. In addition, there are an estimated 5000 street
childrery 40,000 children in debt bondage, and nearly 25,000 children sex workers, not
counting those who are regularly being trafficked into India for the same purpose.
2.4MajorTypes of Child Labour and their Extent
At present there are five sectors identified as absorbing the major portion of child
labour: agriculture and cottage industry, service, trade, industry and construction.
The CWIN's compilation of various survey data shows the distribution of child labour
as given in Table 2.3. For the compilation of the data, CWIN appears to have relied
both on official statistics, and estimations from sample surveys. However, some of its
figures are clearly over estimates.
Table 2.3
An Estimated figure of Child Labourerc in Nepa!
Areas
lndustry
Service
Commerce and Small Scale
4,902,000
342,000
86.0%
06.0%
lndustry
171,000
136,800
Construction
Others
114,000
03.0%
02.4%
00.6%
02.0%
Business
Total
u,200
5,ZOO,OOO
1OO%
Within these economic sectors, the types of occupations children are engaged in are
listed below:
Agriculture
Collecting fodder
Collecting firewood
Tending livestock
Cutting grass
Weeding
Harvesting related work
Picking tea in tea estates
Planting, harvesting
Fishing
Services
Domestic service
Waiting on customers in hotels and restaurants
Tempo/bus conductors
Carrying a burden as a porter
Shoe shining
Sex work
Helping in shops
Manufacturinf ndustry
Trade
Ragpicking
Street Vending
Newspaper Delivery
Working in petrd pumps
Carpet weaving
Working in brick kiln factory
Working in Garment and Textiles
Working in leather factory
Working in Match factory
Working in confectionery
Candle and soap making
Working in plastic factory
Working in tobacco factory
2.4.L
Agiculture
Sector:
As a subsistence agricultural country with 16.8 million people in the rural sector and only
1.7 million in the urban sector, most working children are engaged in agricultural labour.
Child labour utilization within the household is not a new phenomenon in Nepal. Among
the poor households child labour is a valuable economic resource for the family so as to
maintain their livelihood.
In an unorganised sector such as agriculture, the work of the children is not fixed. They
may collect firewood and fodder, fetch water, weed the kitchen garden, look after the
cattle or accompany their parents to work in the paddy fields. The children's vast
contribution is taken for granted and with basic day-to-day survival as the most critical
concelTr, children are deprived of education and other development rights. This is
particularly true of the girl child who is usually responsible for the work both inside and
outside the home. Not much research has been done on child labour in agriculture except
in areas of bonded agricultural labour and tea estates. Most work goes unreported and
therefore, it is difficult to assess the specific magnitude accurately.
Child Labour in Tea Estates:
As one of the oldest industries in the country, the tea estates have constantly been a major
source of foreign currency. In addition, the tea estates have been providing a consistent
source of employment for many families. At presen! the Nepalese tea industry consists
of 23 tea estates, 7 berng run under goverrunent ownership and 16 under private sector
management. Almost all of these tea estates are situated in Illam and Jhapa, the eastern
frontier districts of the country.
There is only limited information available regarding child labour in tea estates. In a
survey conducted by CWIN in 13 tea estates in L990, it was reported that the total
workforce engaged in these 13 tea estates consisted of 3005 workers, of which 11,.2% (451)
comprised child workers of under L6 years of age (see Table 2.3).
cultivation is among the most labour intensive industries requiring labourers throughout
the year. The traditional labour categorization in a tea estate divides labourers into four
categories: marad (males), aurat (females), chhokada (adolescents) and lokada (you.g
children). The three latter categories consist of both male and female labourers while the
lokada consists of children between the ages of 7 to 1.4, and the chhokada comprises
workers between the ages of L0 to 18. The wages of the four categories are different. On
average, a child working in the tea gardens picks 30 kg. of tea leaves per day for a wage
of NRS 22.50,while the wholesale market price of tea per kg. is NRS 150.00. This is clearly
illustrative of the exploitation of services of children employed in these situations.
Tea
Table 2.4
Child Labour Contribution to the Total Labour Force ln the Tea Estates of Nepal
Children as Percentage
Total Numbers
Number of
Tea Estate
Child Labourers
of
Labours
GOVERNMENT
Kanyam
32
lllam
19
Tokla
41
Burnei
Soktim
Chinningkot
60
of Labour Force
7.6
419
145
13.1
535
516
11.6
7.7
16
12
179
8.9
109
11.0
Sattighatta
65
17
295
203
22.O
Nakalbanda
Banshal
PRIVATE
Giri Bandhu
Newgiribndhu
Buddhakaran
Himalaya
TOTAL
20
77
23
27
42
451
150
524
217
300
403
3995
8.4
13.3
14.7
10.6
9.0
10.4
11.3
2.4.2 Manufacturing Sector
There are fifteen major industry groups in Nepal, namely, food manufacturing, beverage industries, tobacco manufacfuring, textiles, leather products, footwear, wood products, paper products, chemical products, rubber products, plastic goods, non-metallic
mineral products, cutlery and hand tools, electrical, industrial machinery apparatus
and appliances (CBS, Dept. of Industries and Nepal Rashtra Bank - Economic Survey,
1993). Child labour so far has been noted in some of the industry clusters, namely,
food products (confectionery - biscuits), textiles (garment/carpet), leather, wood products, plastic products and non-metallic products, matches, and brick making.
In cottage and small scale industries such as candle making, rug weaving, wood
polishing and carving, child labour has been noticed. There is dearth of primary
survey data on child labour in most of these areas; therefore observations made are
personal or on the basis of secondary communication. Since information is available in
certain child labour occupations only, those will be dealt with in some detail below.
For others, it can only be mentioned that they are observed as definitely existing,
though further data and information are not available.
In the case of carpet factories, however, a number of survey type research have been
undertaken and due to the global attention accorded to it recently, some efforts have
been made to document numbers and cases of child labour. Nevertheless, reliable and
verifiable figures are still not available.
2.4.2.L Child Labour in Carpet Factories
Carpet industry is one of the hard currency generating industries in Nepal. Its contribution in the total overseas export of the country in 199L/92 was around 58% and the
earning from the carpet export alone was NRS 7.13 billion (Lamichane, 1992). It
provides job opportunities to more than 250,000 people directly and indirectly (Shrestha,
1992). The records of the Department of Cottage and Small Industries (1993) show
that there were 4,L67 registered carpet factories throughout the kingdom of Nepal in
/92.
CWIN's study (L992) was conducted among 3,322 child workers in 365 of Kathmandu
Valley's carpet factories. All the factories employed children. 65"/" of those interviewed
were between 11 and 14 years of age and 87o were under L0 years old. Forty percent
were girls. The survey reports a figure of 300,000 workers, of which 50% (150,000)
consists of child workers. The survey further reports that the male and female child
workers constitute 38% and 62% of the total child workforce respectively.
The Department of Labour, however, states that the number of child workers does not
exceed 9"/" of the total workers. In a study done in 1993by the Ministry of Labour/
HMG, out of the total number of 23418 carpet workers in 419 factories, 178 children
below 14 years were reported as constituting the total number of child workers in
1.991,
these units.
Among the child workers in the carpet factories in the Kathmandu valley, 90% have
come from nearby and rural districts. CWIN's research shows that more than 80%
are Tamangs, the people who live scattered throughout the country and are mostly
illiterate. The children, too, are generally illiterate, never having been to school. These
children come from poverty stricken villages where their parents have hardly any
employment possibilities. The children arrive in the carpet factories either with the
naike or labour recruiter who brings them alone or with their families, or with relatives or acquaintances already working in the factories. According to the CWIN
suryey, 40"/" of the children came alone or in groups with a naike, 38% with relatives
and acquaintances and most of the rest came to work along with their parents. Some
were local children coming from poor urban families.
of where the children come from, they seldom work directly under the
factory owner and are not properly registered. The children of age five and above
work L4-17 hours a day in a cramped, congested and stuffy roorrs lacking both air
and light and have to breathe in stale air full of woollen particles. The girls and adult
women are regularly subjected to eve teasing, obscene remarks and other sexual
harassment and abuse by male co-workers and management members.
In early 1994, a great deal of attention was drawn to child labour in carpet factories
in Nepal due to the Child Labour Deterrence Bill introduced in the U.S. Senate in
March 1993 by Senator Harkins prohibiting the import of products made by children
Regardless
and the reluctance by German buyers to import Nepalese carpets without certification
that they were free from child labour. There was subsequently a heavy retrenchment
of child workers in carpet factories. The National Society for Protection of Environment and Children (NASPEC) was also formed which aims at ensuring certification
for Child Labour Free Carpets and welfare and rehabilitation of children withdrawn
from the carpet industry.
2.4.2.2 Brick Kiln ChildWorkers:
The brick kiln industry is one of the fast growing industries in Nepal on account of
urbanization process. It is also one of the most labour intensive industries. Except a
few mechanised kilns, the 75 registered and hundreds of small scale brick kilns in
Kathmandu alone are manual labour based induskies, involving thousands of workers seasonally each year.
The brick kilns of Kathmandu Valley alone are reported to have 2500 children aged
between 9 and 14 years employed in various kinds of production activities. The figure
constitutes 25"/" of the total workforce involved. (CWIN, L991).
There are mainly four kinds of working children in the brick kiln factories:
i.
ii.
iii.
iv.
Those working the whole season with their parents and family;
Those coming to work with the naike or family friends with parental consent;
Local children working temporarily to earn a few rupees for their poverty-stricken
families; and
Indian children coming from Bihar with the 'mistries'.
In a normal 6 acre brick factory, there are 150 to 200 labourers, among which 60-70 are
migrant labourers from India. Among the Nepali labourers, the percentage of child
workers varies from 10% to 50% of the total labour force in the different brick kilns.
Brick making is not the only job that the children do. In fact, many of them are
involved in loading, i.e., carrying the bricks up to the kiln. It is mostly the L2 to 14
years old who are involved in this job. They work L0-12 hours a day as a coolie,
carrying bricks on their backs to the kiln. Besides this, the child workers are also
involved in taking the bricks out from the hot kilns and in filling in or smoothing out
the pits and trenches after the brick making season. They are indeed exposed to
hazardous conditions in dealing with hot kilns.
2.4.2.3 Children as Bor.ilder Breakers:
Another area of work where the child labourers are seen in plenty are the sites of
stone quarries - on the banks of Vishnumati river, on the outskirts of west Kathmandu,
sites near Tika Bhairab in Lele, Lalitpur and many other construction sites where
together with their parents, they are busy breaking boulders, filling wicker baskets
11
with stones and carrying them to waiting trucks. Some of these sites are heavily
polluted and the job itself is very strenuous with pieces of boulder flying into their
faces and eyes, and the dusty air eventually causing them bronchial problems.
2.4.2.4 Garment and Leather Fnctories:
There are informal reports of child labour in garment and leather factories but due to
lack of any kind of survey it can only be stated that these are areas which need to be
urgently investigated.
2.4.3 Seraice Sector
2.4.3.1 Domestic Child Workers
The rise in the number of domestic workers has been a result of the increasing migration of people and resulting growth of urban population. The growth is reflected in
the rise in the number of municipalities on the one hand, and the increase of the
population in towns on the other hand. For instance, the population of Kathmandu
in a span of ten years from 1981 to 1990 has almost become doubled, increasing at a
rate of 6"h every year (Gautam, 1994).
Domestic service forms one of the most exploitative service areas for children. Children are brought to the cities and placed within the four corners of the urban households as house servants. Compared to other forms of child labour, domestic service
seems to be better and safer, but the reality is otherwise.
A survey by CWIN, indicates that the size of domestic workers in Kathmandu, Patan
and Kathmandu municipalities consists of 70,652, of which 45/" are girls (Budathapa,
1.994). A weekly Newspaper from Kathmandu reports the figure of around 10,000
girl children in Kathmandu alone. (Pratipachay Weekly, 1gg2). It has been estimated
that 97"/" of these child servants are brought from villages in the peri-urban areas of
Kathmandu. Based on the sample study of 212 child servants, it is reported that 80%
of them are below 14 years of age (Budathapa, CWIN, 1994).
2.4.3.2 Child Labour in Hotels/Restaurants
CWIN researchers estimated that there were 7,615 restaurants,bars, hotels and lodges
in Kathmandu at the beginning of 1989. Of 9,540 workers in these places, 7,665 were
children. Hotel and restaurant owners take advantage of this cheap source of labour,
caring little for the wellbeing of their young workers. They frequently maltreat the
Kanchha and often force them to serve in their households as well as in their businesses.
2.4.3.3 GirI Child Prostitutes:
Earlier confined to Badi girls (traditional prostitutes) and Deukis (girls offered to
temples by devotees as religious gifts and later turned to prostitutes), local sex market
in Nepal has swelled by the influx of poor and uneducated girls from poverty stricken
villages and shanty towns. The migration of the population has contributed to spreading
the market across the country. Cities like Kathmandu, Pokhara, Dharan, Biratnagar,
Nepalgunj, and Birgunj have recently been reported to have a growing number of sex
workers. The Bus parks in Kathmandu, Dharan, Birgunj and Pokhara have turned
into undeclared red light areas.(Deshantar, 2O4T BS)
It is estimated that in
Kathmandu alone 5,000 sex workers, work individually or
reportedly through 200 brothels being clandestinely operated in different parts of city.
(Bimarsha, 1994). The number of sex workers in other cities like Birgunj, Pokhara, and
Dharan is also not smaller. Over the years, Pokhara has become famous for "sex city,,
CHILD LABOUB IN NEPAL
12
for thousands of tourists. The bordering districts of Nepal, particularly haPa, Morang,
Sunsari, Parsa, Nawalparasi, Banke and Kanchanpur have become centres for sex
market in Nepal.
A majority of girls involved in the local sex market of Nepal come from hill communities. Based on the information obtained from police offices, they are from Chhetri,
Tamang, Rai, and Oppressed classes; the average age of those girls is L6.5 years.
Girls of Badi community constitute a major component of the local sex market in
Nepal. Confined in the western part in Nepal, Badi girls have traditionally been
engaged in providing entertainment for rich folks of the society. Now perverted
enormousl/, the tradition has been transformed into sex trade encomPassing women
and girls of the community indiscriminately. There is a growing trend among the
Badi girls to migrate temporarily to urban areas, including Nepalgunj, where they
rent houses and become sex workers.
According to a survey carried out among the women and girls of Gagangunj in
Nepalgunj, the entire population of females, except a few aging women, has been
involved in prostitution as an only source of living. Inhabited by 500 Badi population
distributed in 100 households, Gagangunj is famous as the red light area of Nepalgunj.
A hundred and fifty Badi women and girls have been practising sex trade in Nepalgunj.
Reportedly,24"/o of the them are girls under 18 years of age (Pandey, 1992). A similiar
size of Badi population lives in Tulsipur and Ghorahi of Dang district. In a smaller size
compared to Gagangunj and Dang, Badi women and girls have been trading sex in
Birendranagar, Dhangadi, Kohalpur, Rajapur, Tikapur and several other places in
Western Nepal.
No reliable statistics are available on the population of Deukis. The custom still
prevails in a clandestine form. According to a survey of the Ministry of Labour and
Social Welfare (1982), 35.48% (6031) girls are found to have been dedicated at an age
between one and five years, and 25.82'/" (4389) at an age between six and ten years.
girls to lndia for prostitution:
There is no official statistics of the girls and women trafficked to Indian brothels. The
problem has received the attention of social workers, law enforcement agencies and
the press from mid 70s, when some organizations working in India against prostitution revealed that the majority of sex workers in Indian brothels had been trafficked
from Nepal.
Trfficking
of
The Times of India in January 1989, referring to the Indian Health Organization,
estimated about 100,000 Nepalese girls and women working in brothels in India
Subsequently, the government of Nepal, in 1992, declared that the figtrre was not less
than 200,000 (O'Dea, 1993).
Since there is a lack of authentic statistics as to how many young girls and women
have been abducted and sold for the purpose of prostitution, a figure estimated in
1987 and agreed to in a meeting between NGOs working in Nepal and India is
153,000.(Pradhan, 1.992).
About 40,000 to 45,000 Nepalese women and girls are said to be working in brothels
of Bombay City alone and an equal number of girls in Calcutta's Sonargachi red light
area (Pradhan, 1,992). Dr. Galida of the Indian Health Organization reports that 90%
of the total population of prostitutes in Bombay are migrants to the city from Nepal,
Bangladesh and different States of India (Pradhan, 1992).
2.4.4.4 Street Child Workers (Rag-pickers)
According to a survey carried out by CWIN in 1990, the number of street children in
Kathmandu was estimated as nearly 1500, and the number continues to grow. Out of
100 children interviewed, 46 children were found to be surviving on rag-picking in
different parts of the city. They earn from 10 to 40 rupees for a ten hour day by
selling recyclable waste In the Narayanghat study (CWD, 1994) the minimum income
from rag-picking was shown to be Rs. 50 per month and the maximum Rs. 2250 per
month. Thus, there appears to be a wide variation in the earning capacity of ragpickers who live a rather precarious and increasingly difficult life.
Among the 908 children surveyed in the course of the 1990 CWIN study, only 17
percent were local, i.e. from Kathmandu area. The rest had come from different parts
of Nepal and represented more than 30 districts. A majority of the children were
runaways, having been driven away from home by various socio-psychological problems, or abandoned on the streets by their parents or relatives.
An observation study conducted in Kathmandu found 48 street girls in different parts
of Kathmandu. From conversations with them it has been estimated that the figure
may exceed 150, including those girls who wander on the streets during day time for
begging, or rag-picking but go back to their rooms at night.
Street girls are found to have increasingly been engaged in prostitution earning as
little as L0 to 20 rupees a night (CWIN, 1991). The oldest girl encountered by the
research team was only L4 years old and the rest between 11 and L3 years old.
2.5
Working Conditions and Hazards
2.5.1Hardships due to Migration
Several studies have shown that both adults and children adopt migration as a coping
strategy for family survival. Seasonal migration appears to be quite frequent among
the hill communities of Nepal. For example, child labourers in carpet factories, hotels/restaurants and tea estates are usually from families who have migrated from the
hills of Nepal either to the urban areas or to the plains. As an example, A Preliminary
Study on Children-at-Risk in Narayanghat conducted by the Centre for Women and
Development (CWD) for the CAR-NWG (1994) has come up with some significant
findings regarding migration of child workers such as the following:
r Children migrate to Narayanghat from all five development regions. Most of the
children are from the Central Development Region (55.1%) and then from the
Western Development Region (33.6%). District-wise, children from 26 districts are
observed to migrate to Narayanghat.
r The moment these children leave their homes, their struggle for survival begins.
They are compelled to work under exploitative conditions - long hours of work,
unhealthy living and work environment, health hazards, and imposition of penalties or punishment for either spoiling their work or not performing satisfactorily.
Often they are harassed and cheated by older bullies and the police. They earn a
meagre income compared to their heavy work input.
r The main reason cited for migrating was to come and look for better opportunities
of survival in the city because of:
r Poverty
r Domination of powerful landlords
r High illiteracy rate of villagers
r Lack of schools
r Maltreatment by step-mother
r Death of the household head and main income-earner
14
substantiated by more recently generated data
(personal communication with Prof. Bal Kumar K.C., Tribhuvan lJniversity) has shown
that the pull factors of better employment and economic prospects outweigh those of
push factors such as poverty in inducing hill to tarai and rural to urban migration.
Though this finding relates to the overall migration context in Nepal, it has serious
bearings on planning policy strategies for the elimination of child labour in Nepal.
A study on migration (1983), further
2.5.2 Conditions of Employment
2 .5
.2.LBonded Child Labourers
The Constitution of the Kingdom of Nepal, 1991 has put a ban on traffic in human
beings, slavery, serfdom or forced labour in any form, the violation of which is punishable by law. Notwithstanding the constitutional provision, bonded labour still
exists in different parts of Nepal. For instance, the Kamaiya system has still deep
roots in the society in some parts of Western Nepal, where a person with his family is
forced to work without wages in lieu of debt they have incurred. There are cases of
whole families bonded for generations due to their inability to pay off their "debts".
The first survey in respect of the Kamaiyas was carried out by the Ministry of Labour
and Social Welfare in 1986, which recognised the system of Kamaiyas as bonded
labour. However, the government still does not have any statistics that indicate the
total figure of the bonded labourers. A survey conducted by INSEC( 1992) has made
efforts to reveal an actual figure of the Kamaiyas, but the survey was limited to only
three districts.
As reported by the survey, the population of Kamaiyas in Kailali, Bardia and
Kanchanpur districts is 77,728 in total, the largest number (9185) found in Kailali
followed by Bardiy a (6964 and Kanchanpur (1,579) respectively. A NGO called
BASE (Backward Society Education) in Dang estimates an even greater population of
Kamaiyas in Dang as compared to other districts.
According to the INSEC survey, a significant number of young people are employed
as Kamaiya: 488 were under the age of 15 and 2286 (L3 percent) Kamaiyas were
between the age of 10 and 19. It is difficult for Kamaiyas to pinpoint the age at which
they began to work in the system but the study nonetheless showed that 5 percent of
those interviewed stated that they began before age 10 and 17 percent began between
the ages of 10 and 14. These figures relate to children employed individually as
Kamaiyas. They do not include the sons and daughters of Kamaiyas who have to
work by virtue of being born into a bonded family.
Except some sectoral studies, no information or statistics are available that indicate the
exact distribution of the bonded labourers by sex and age. It is therefore not possible to
identify the number of bonded children. A survey conducted by the Ministry of Labour
in Dang, Banke, Bardiya, Surkhet, Kanchanpur, Kailali, and Dadeldhura does mention
the average family size of 6.79 persons, but nothing about the distribution of sex and
age. The survey carried out by INSEC in Kailali, Bardiya and Kanchanpur however
reports that as 42.96% are female and 57.04"/" are male bonded labourers. The
population of bonded children constitutes 23.31% of the total figure.
In the carpet industry, 8 percent of the 3,322 chlldren interviewed (CWIN 1990) were
bonded labourers, of whom a little more than half knew something of the debt that
kept them at the factory. On the basis of this research CWIN estimated that, of the
300,000 or so workers in the carpet industry as a whole, as many as one half might be
under 16 years of age. By the same token, if eight percent of children sampled were
found to be bonded labourers, this would indicate that there could be as many
12,000 bonded child workers in carpet factories throughout the kingdom.
as
2.5.2.2 Working Hours
The majority of the children have to work long hours under very difficult circumstances. The average working day is 12 hours long, for which they are woefully
underpaid.
2.5.2.3 Wages
A child carpet labourer on average earns about Rs. 396 a month in addition to free
food and shelter, while a stone quarry child labourer earns only Rs. 450 a month and
a child who works in brick kiln earns about Rs. 1,050 a month in addition to a
temporary shelter. A tea estate child worker picks 30 kg. of tea leaves per day for a
wage of Rs. 675 per month. Most of the earnings of the child labourers are used to
supplement the income of their large families (six to ten members). Rarely are the
children allowed to keep any of their earnings.
the children first arrive to work in a carpet factory, they are not paid anything
for the first 3 or 4 months which is called a training period. All these months they
either stay with the naikes or their group of acquaintances and learn to weave carpet.
Their schedule is heavy and they are made to work as many as 15 hours a day with a
one hour break.
Vy'hen
In some factories, the children work on a piece rate basis, i.e. they are paid according
to the length of carpet woven. The rate varies from Rs. 250-4OO per square meter of
carpet depending upon the grade or quality. A child needs at least 6 days to weave
one sq. meter, and still he/she hardly gets the rightful amount. First, the carpet might
be graded inferior, and second the naike pockets his commission, usually 40% - 50%
of the earnings. So the children are paid much less, and they earn seldom more than
20-25 rupees a day for a 15 hours job.51% of the total child workers are paid on time
basis - 200-400 rupees a month, and only 31.o/o are paid on a piece basis - about Rs. 2030 a day. The res! 187o, are trainees who are paid nothing at all.
In the brick kilns, all the children, except the toddlers, work more than 12 hours
a
day, but their payment is on piece rate-basis rather than on a time basis. The types of
work children are involved in and their wage rates are as follows:
Work
1.
Brick Moulding (Per 1000 pcs.)
2. Carrying bricks to the kilns (loading) (per 1000 bricks accord to distance)
3. Filling up the bricks and trenches (per ropani: 1 Acre = 8.01 Ropani
4. Carrying bricks from the kiln (per 1000 bricks according to distance)
Wage Rate
Rs.100-115
Rs.24-25
Rs. 500-600
Rs. 5-30
Source: CWIN Study, 1992
of the jobs that the children do are hazardous. Hazards such as rain or small
accidents like tripping can ruin the whole day's work. The number of 'perfect' bricks
is a challenge for them, so they work as hard as they can. Generally, a four member
family (two parent and two children) working from 4:00 in the morning to 7:00 in the
evening can mould and pile up 1500-1600 bricks a day. This means that each child's
share would come to about 400, thus earning him about Rs. 40 per day. The loader
children, who carry approximately 30 bricks per trip to and from the kiln, making 50A11
60trips aday, earn30-50 aday. Thechildreninvolvedinother jobscanmakeabout
Rs. 15-20 a day.
16
The average earnings of a child worker come to Rs. 35 per day. But this is only a
record of the wage-earning children who work a full day. There are others who work
part-time, and they can barely earn Rs. L0 a day. Among the 33 wage-earning
children, 60% did not get their money in their hands, it 'rightfully' belonging to their
parents. Those who did get paid directly saved as much as they could so that they
could give money to their parents. Thus, all the child workers are directly supporting
their fandlies.
2.
5.2.4 W orkin g Eno ir onment
Conditions of work in the brick kilns of Kathmandu are indeed intolerable. Children
work crouching on their knees and moulding bricks the whole day in a dusty and
suffocating environment. Carrying bricks on their backs and walking up and down
long paths 50-60 times a day, especially when a load of 30 bricks falls onto the forehead
and the path is covered by numerous shallow pits so that a single false step can upset
the balance, is indeed hazardous. Digging up the hardened ground for clay is certainly
not a child's work. Furthermore, the sites do not have the facilities for drinking water,
sanitation or electricity. The food, too, is often unwholesome, inadequate and dirty.
They eat only two meals a day -a very poor diet of the cheapest rice and lentils. They
cannot afford vegetables. The eldest child usually cooks for the rest of the family who
are busy working. Boys living on their own or with friends eat in a grouP, each putting
in Rs. 150 a week for food. This covers a major part of their earnings.
CWIN's survey (1992) has shown that only 54"/" of the carpet factories have ventilation and only 30 out of 100 factories have enough light in their work rooms. According to the same survey, the average working day for these children is L5 hours with
only a one-hour break. They have no day off - they work 7 days a week. They spend
all their working hours sitting on hard benches weaving carpets. Their fingers are cut
by the tight loom and scratched by the metal comb.
In the tea estates, the majority of the production activities are done manually by the
workers. As such it involves intensive labour throughout the year. The labour is
required for pruning the trees, weeding, spraying of insecticides and fungicides, watering, harvesting, generating sapling and so on, children are involved in most of these
activities. They are also engaged in fetching water or hauling plucked tea leaves from
the field to the factory or weighing centres. Injury suffered while working are generally not treated by management.
Health and hygiene: The majority of child labourers have chronic health problems. Child
labourers, especially in the carpet factories, develop respiratory diseases, poor eyesight,
ENT and gastro-intestinal problems, pneumonia, malnutrition, anaemia and skin problems. There are no provisions to look after the infants of working mothers in carpet
factories, and so the mothers usually keep their infants with them while they work. This
exposes the infants to the same unhealthy conditions in which the mothers work.
Similarly, the children in tea estates commonly complain of fever, dizziness, headache
and tuberculosis. The street children, on the other hand, suffer from illness such as
scabies and colds, as well as headaches, diarrhoea, dizziness, tuberculosis and ENT
infections.
The environment in the brick kiln factories is hardly conducive to a healthy existence.
The entire area is enveloped in dust and the workers have to inhale the fine particles of
dust constantly, even when not working. This prolonged exposure to dust causes and
irritation of the lungs and may result in a disease called pneumoconiosis, or dust disease
of the lungs. This may be followed by pulmonary tuberculosis. So the children in the
brick kilns are always exposed to the risk of contracting tuberculosis at an early age,
which is compounded by hard work, a poor dief poor living conditions and a lack of
medical attention. Besides injuries to the eyes and fingers, infections and intestinal
diseases and illness causes by malnutrition are conunon health problems here.
In spite of the apparent direct connection between the diseases of the child labourers
and their work environment, employers have made little effort to improve the work
conditions.
Hazards: A range of discernible hazards faced by working children are as follows:
Physical Hazards
Long hours of work, irregular and inadequate meals, lack of sleep, exposure to elements -sun, wind, cold and heat in an extreme manner, or unhealthy airless and
dimly lit working places, bad working postures etc. lead to
(i) MaLrutrition leading to stunted growth
(ii) Susceptibility to diseases
(iii) Skeletal deformations (porter)
(i") Danger of accidents (street vendor)
(") Scarring, infections (scavenger)
("i) Sexually transmitted diseases (prostitute)
Psycho-social Hazards
A lack of
(i) sufficient parental love and care
(ii) interaction with peers
(iii) meaningful interaction with adults
(i") control over decisions
(") leisure time
("i) variety in work activity
(vii) personal satisfaction from work
(viii) stimulation or pleasure from work environment
leads to a
!
.
r
r
!
sense of marginalization
loss of seU-esteem
sense of indignation
extreme frustration
permanent psychological damage
Bondage
r
Various forms of coerciorl seclusion and exploitation of children as prostitutes,
factory workers, live-in domestic and shop helpers and surrogate mothers.
2.5. Factors
Contributingto Child labour
2.6.1 Poverty :Poverty is widespread in Nepal. The World Development Report 1994
has placed Nepal as the fifth poorest country in the world wlth 49% of the population
1992 as "absolute poor". High dependence on agriculture, declining productivity,
skewed land distribution, land fragmentation and increasing landlessness have caused
n
increasing unemployment underemployment, and poverty. Various studies in Nepal
have shown that child labour is usually linked to the poverty of the family. Financial
pressure is the primary reason why children are sent to work or run away from home
in search of better prospects. The simple necessity of having food, shelter and factors
like unemployment or underemployment among the adult family members, or death
of the bread winner compel children to work from an early age. Children migrate to
cities in search of better living conditions.
2.62 Famllv disharmonv and diminishins familv support: As a part of a erowine
social malaise or tragedy, family breakups have become an alarming problem in Nepal
today. In spite of legal prohibition, child marriage and polygamy are still very much a
reality in the Nepali society. Due to the increasing rates of desertion and separation,
many children are left vulnerable to socio-psychological problems very early in their
lives. Some of the children, therefore, run away from home because of the cruel
treatment meted out to them by their families, especially when the mother dies and
father remarries. Physical exploitation, beatings, verbal abuse and neglect often force
children to escape from their "prison home", and land on the streets where they are
once again exposed to all kinds of abuse and become part of an urban tragedy.
The existence of semi-feudal relationships in rural areas of Nepal creates a masterservant relationship in families which forces the children to leave their homes in
search for a better life. Once in the cities, they are left with very little choice regarding
the type, conditions or the quality of employment.
A high level of illiteracy among parents in general, and mothers in particular has
also been regarded as one of the principal reasons behind employment of young
children. Inability of parents to perceive the long term benefits of education substantially decreases the future prospects for gainful employment of children. On the con-
2.6.3
frary, due to lack of education, these parents are of the opinion that their children can
learn through work experience rather than education as such.
2.5.4 Deceotion/Victimization: Some of the children from rural areas are enticed to
migrate to urban cities by hawkers and middle man. Employers frequently seek out
children as labourers because they are cheap to employ, easy to control and their
work performance compares favourably with adults.
According to a recent report (CAR-NWG /CPC, 1994) on "Girl Children at Risk in
Kathmandu Valley", "the young children cannot bargain for more wages or facilities
because they do not have readily available alternatives, if expelled."
of alternatives: The government's policy in the past not to make education
compulsory for children has also contributed to creating the problem of child labour.
Significant changes are underway in this context (see chapter 3 on Education)
2.6.5 Lack
2.6.6 Legal enforcement: Existing legislative measures concerning child labour or
bonded labour are not only inadequate, but have not been fully enforced due to
constraints of resources and staff as well as a lack of political commitment. For
instance, slavery system was abolished by law in Nepal seventy years ago, but slavery
like conditions in the form of bonded child labour, prostitution and trafficking of
children are a part of present day reality in Nepal.
2.6.7 Prevalence of public attitudes and values which tolerate and sometimes condone
child labour also contribute to the worsening of the situation of these children. Cultural
malpractices have led to exploitative and discriminatory situations for children. Children of "scheduled castes" or "outcaste" people - kami, damai, pode and sarki communities - are very often compelled to work only as cobblers, blacksmiths, street cleaners,
etc. They are deprived of the right to attend public schools together with other children
and consequently are trapped in the vicious circle of poverty and social injustice.
2.6.8 Low bargaining power of child labourers and the propensity among employers to
employ children because they are subservient, cheap, docile, not protected by trade
unions, and easily available constitute a strong factor promoting child labour in Nepal.
Chapter
lll
Legislation and Enforcement
3.1 Nepal's Intemational
obligation to Eliminate child Labour
The International Labour Organisation and the United Nations have adopted a number of conventions concerning child labour. Moreover, they have adopted conventions on slavery and forced labour which are also relevant in dealing with child
labour as children are sometimes pledged by their parents to work to repiy their debt,
or belong to a family which is in bondage to a moneylender, or are enticed or kidnapped and forced into various kinds of employment including prostitution. A brief
account of these conventions and the stafus concerning the ratification of the conventions by His Majesty's Government of Nepal is given below.
ILO Conoentions on child labour and forced or compulsory labour
A
fundamental goal of the International Labour Organisation is the elimination of
child labour. The goal is built into its constitution and given a concrete shape by
means of conventions and recorunendations. The ILO adopted the first of its eleven
conventions on the minimum age for admission to employment in 1919, the year of its
creation. The convention dealt with employment in industry and was followed to
other sectoral conventions. ln L973 the ILO adopted a comprehensive convention,
namely, the Minimum Age Convention, 1,973 (No. 138) as well as its companion
recommendation No. 146.
Convention No. 138 requires the ratifying states to pursue a policy designed to ensure
the effective abolition of child labour and to raise progressively the minimum age for
admission to employment or work to a level consistent with the fullest physical and
mental development of young persons. The convention also provides foi piogressive
extension of its application to different branches of economic activities, subject to its
initial application to certain core areas. It has fixed the minimum age for employment
at 15 years, that for employment likely to jeopardise the health, safety and morals of
young Person at 18 years and for light work at 13 years. The minimum ages may be
set at 14 years for normal work and 12 years for light work for a state whose economy
and administrative facilities are insufficiently developed. The minimum age may be
fixed at 16 years instead of L8 years for employment or work hazardous to health,
safety and morals of young persons, provided they are fully protected against such
hazards and are given adequate specific instructions and vocitional training in the
relevant branch of activity.
Nepal has not ratified any convention of the International Labour Organisation on
child labour nor has it ratified the Forced Labour Convention, 1930 (No. 29), the
Abolition of Forced Labour Convention, 1957 (No. 105).
It has, however, ratified the following ILO conventions: the Weekly Rest (Industry)
Convention, \921' (No. 14), the Equal Remuneration Convention, 1951 (No. 1"00), the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Mini-
20
mum Wage Fixing Convention,1970 (No. 131), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
A national tripartite workshop held in May 1.995 jointly by the Ministry of Labour and
the ILO resolved that certain basic human rights conventions, namely, the Forced
Labour Convention,tgSO (No. 29), the Freedom of Association & Protection of the Right
to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining
Convention,1949 (No. 98), the Abolition of Forced Labour Convention, \957 (No. 105),
the Minimum Age Convention,1973 (No. 138) should be ratified by Nepal.
The l.tnited Nations Conaentions on slaaery, forced or compulsory labour and child labour
l.lniaersal Declaration of Human Rights (10 December 1948)
As a member of the United Nations, Nepal is obliged to respect and implement the
provisions of the Universal Declaration of Human Rights. Article 4 of the Declaration
reads as follows:
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Conaentions and Protocols Relating to the Abolition of Slaoery
Nepal is a state party to the Slavery Convention of 1926 as amended by protocols of
1953. His Majesty's Government has also ratified the Supplementary Convention on
the abolition of slavery, the slave trade, and institutions and practices similar to
slavery (1956). It has thus assumed the obligations "to take all practical and necessary legislative and other measures to bring about progressive and as soon as possible
the complete abolition or abandonment of institutions and practices relating to slavery
and slave trade including debt bondage and serfdom".
lnternational Coaenant on Ciail and Political Rights (16 December 1966)
Nepal ratified the International Covenant on Civil and Political Rights on 14 May
1991. Article 8 of the Covenant makes the following provision concerning slavery,
slave trade, servitude, and forced or compulsory labour:
r No one shall be held in slavery; slavery and the slave trade in all their forms shall
r
r
be prohibited.
No one shall be held in servitude.
No one shall be required to perform forced or compulsory labour.
Conaention on the Rights of the Child (20 Noaember 7989)
Recognising that children need special care and protection because of their vulnerability, the U.N. General Assembly adopted the convention on the rights of the child on
20 November L989. This convention was ratified by Nepal on L4 September 1990.
The convention defines, for its purposes, a child to be a human being below the age of
18 years, unless under the law applicable to the child, majority is attained earlier.
Article 32 (1) of the convention requires that the state party recognise the right of the
child to be protected from economic exploitation and from performing any work that
is likely to be hazardous or to interfere with the child's education, or to be harmful to
the child's health or physical, mental, spiritual, moral or social development.
Article 32 (2) adds that the state party shall take legislative, administrative, social and
educational measures to ensure the implementation of this article. It shall in particular:
(a) provide for a minimum age or minimum ages for admission to employment;
(b) provide for appropriate regulation of the hours and conditions of employment and
(c) provide for appropriate penalties or other sanctions to ensure the effective enforcement of this article.
Article 28 provides for the right of the child to education and lays down, inter alia,
that primary education shall be compulsory and free and that different forms of
secondary education including general and vocational education should be developed
and made available to every child.
Article 34 provides for the protection of the child from all forms of sexual exploitation
and sexual abuse and requires the state party to take appropriate national, bilateral
and multilateral measures.
Article 35 imposes a similar obligation on the state party concerning abduction, sale or
traffic in children.
World Summit for Children
The world summit for children was held at the United Nations in New York on 29 and
30 September 1990 where his Majesty's Government of Nepal endorsed the declaration
on the survival, protection and development of children and undertook to "work for
special protection of the working child and for the abolition of illegal child labour".
Colombo Resolution on Children, (18 September 1992)
As a member of the South Asian Association for Regional Cooperation (SAARC),
Nepal has signed the Colombo Resolution. In accordance with this resolution, His
Majesty's Government of Nepal is obliged to work for the following goals:
r
Basic Education
in primary education for at least 80 per cent of boys and
75 per cent of girls and completion of primary education by at least 50 percent of
girls as well as boys by 1995.
Access to, and enrolment
r
Child Labour
Progressive and accelerated elimination of child labour
3.2 Constitutional Framework on
Child Labour
The Constitution of the Kingdom of Nepal is a fundamental law of the country and all
laws inconsistent with it, shall, to the extent of such inconsistency, be void.
For the first time a specific provision was incorporated in the Interim Constitution of
2007 BS (1950 AD) of the Kingdom of Nepal, placing an obligation on the state to
make special laws for children. It also stated that human trafficking and forced
labour were prohibited with the exception of compulsory service required by the state
for public benefit. It prohibited the employment of a child below the age of L4 years
in industries, mines or in hazardous work. The succeeding Constitutions adopted in
2015 BS and 2019 BS contained similar provisions. The present Constitution came
into force on 9 November 1990. The provisions contained in this Constitution concerning children are discussed below.
The Constitution of the Kingdom of Nepal, 2047 BS (1990 AD)
The Constitution of the Kingdom of Nepal (1990) seeks to protect the interest of
children by conferring on them certain fundamental rights and imposing certain duties on the state in the form of the "directive principles and policies of the state".
22
Fundamental Rights
Article 11 of the Constitution guarantees equality before the law to all citizens and
equal protection of the law to all persons. It further lays down that the aforesaid
provisions will not prevent the state for making special provisions for the protection
and advancement of children.
Article 20 of the Constitution guarantees the right against exploitation. It declares
that traffic in human beings, slavery, serfdom or forced labour in any form is prohibited. Any contravention of this provision shall be punishable under law. The law
may, however, provide for compulsory service for public purposes. Article 20 prohibits the employment of minors in any factory, mine or any other hazardous work.
Directiae Principle and Policies of the State
Article 26 (8) contained in the chapter on Directive principles and policies of the state
places an obligation on the state to make necessary arrangements to safeguard the
rights and interest of children and to ensure that they are not exploited. The state is
also directed to make gradual arrangements for free education.
The Supreme Court has the extraordinary power to issue necessary and appropriate
orders for the enforcement of the fundamental rights conferred by the Constitution.
The directive principles and policies of the state cannot, however, be enforced by any
court. They shall be implemented in stages through law within the limits of the
resources and the means available in the country.
3.3 Legal Framework on child labour
An enquiry commission was appointed in 1952 to study the conditions of factory
workers. It recommended the enactment of legislation to prescribe minimum standards for working conditions of factory workers. The Factories and Factory Workers
Act was enacted in 1959. This was followed by the Bonus Act in 1974, the Industrial
Apprentices Act in 1982 and the Foreign Employment Act in 1985.
After the introduction of multi-party democracy in l-990, the legislation concerning
labour was reviewed. The Factories and Factory Workers Act was replaced by the
Labour Act in L99L. The Trade Union Act was also enacted in 7992 in order to
provide for the registration and recognition of trade unions.
The Labour Act (1992) and the Labour Rules (1993) contain specific provisions for the
prohibition and the regulation of employment of young persons. The Children's Act
was enacted in 1992 to protect the rights and the interests of children in order to
ensure their physical, mental and intellectual development. The Act seeks to meet the
international obligations arising out of the ratification of the U N Convention on the
rights of the child.
Apart from the Labour Act (1992) and the Children's Act (1992), the other legislations
concerning child related issues are the Common Law Code (1963), the Foreign Employment Act (1985) and the Flesh Trafficking (Control) Act (1986).
3.4 The Labour Act 2048 BS (1992
(1ee3 AD)
AD) and the Labour Rules 2050 BS
The Labour Act (1992) provides for the rights, interests, facilities and safety of workers and employees working in enterprises of various sectors.
Application of the Act
The Labour Act applies to enterprises as defined in the Act.
23
The term 'enterprise' means any factory, organisation, association or firm established
under the prevailing laws with the objective of operating an industry, profession or
service where ten or more workers or employees are engaged. The term includes tea
estates established under law for commercial purposes and enterprises inside an Industrial District where less than ten workers or employees are engaged.
Various laws regulate the establishment of a "factory, organisation, association or
firm". These include the Finance Company Act (1955), the Private Firms Registration
Act (1957), the Partnership Act (1953), the Companies Act (1964), the Mining Act
(1966), the Tourism Act (1978), the Municipal Act (1991), the Industrial Enterprises
Act (1992), the Cooperatives Act (1992). the Foreign Investment and Technology
Transfer Act (1992).
The Labour Act (1992) applies to the organisations etc. registered under the aforesaid
enactments provided they also fulfil the other criteria mentioned above.
Section 84 (2) of the Labour Act provides for the extension of the provisions on
minimum remuneration and certain facilities prescribed in the Act to enterprises where
less than ten workers or employees work. Thus in terms of a notification issued by His
Majesty's Government, it is also mandatory for industrial or transport enterprises
employing less than 10 workers or employees, to (i) issue a letter of appointment to
every worker or employee indicating his or her post and remuneration; (ii) pay for
work beyond 8 hours a day or 48 hours a week at the rate of 150 per cent of the basic
remuneration; (iii) grant thirteen days holiday with full remuneration and fifteen days
sickness leave on half pay to those who have completed one year's uninterrupted
service; (iv) arrange for health and safety of workers, comply with the provisions on
maximum weight of load to be carried and provide full treatment to workers for
physical injury suffered in the course of work.
The Labour Act (1,992) makes special provisions for certain types of enterprises, namely,
those concerning tea estates, construction, transportation as well as hotel, travel,
trekking, adventure rafting and jungle safari, etc.
Prohibition and Regulation of Employment of children and minors
The Labour Act (1992) defines a child as a person who has not attained the age of
fourteen years, and a minor as a person who has attained the age of fourteen years
but has not completed the age of eighteen years.
Section 5 of the Labour Act (1992) prohibits the employment of children. The Act also
provides various safeguards to minors.
Section 3L of the Act states that in case it is required to inspect, lubricate, or adjust any
part of a dangerous machinery while it is in motion, only an adult worker or employee
who is trained and experienced in the job may be engaged to perform the work.
Labour Rule 43 prescribes that minors who have not attained the age of 16 years shall
not be employed on hydraulic and other machine-operated presses, milling machines
used in metal industries, guillotine machinery, circular saws, or other dangerous machines or in operations hazardous to health.
Section 32 of the Labour Act prohibits carrying of excessive loads by workers or
employers. Labour Rule 39 prescribes the maximum weight of load to be carried by a
minor as follows:
Minor Male
(16-18 years) 25 kg.
Minor Female
(16-18 years) 20 kg.
Minor Male or Female
(74-16 years) 15 kg.
24
P
rohibition on Night Work
The Labour Act (1992) prohibits minors from working at night from 6 o'clock in the
evening to 6 o'clock in the morning except under prescribed conditions (vide Section 5)'
Labour Rule 3 (2) framed in pursuance of the above provision permits the employment of a minor above the age of L6 years as a worker or employee in the night time
under a mutual agreement between such worker or employee and the General Manager (Vyabasthapak).
Res
ti
cti on on W orkin g H our s
Labour Rule 3 (1) prescribes that no minor between the age of 14 and 15 years shall be
employed in any establishment for more than six hours a day and 35 hours a week.
Minimum Wage for Chil dren
The Children's Act (1992) (see below) states that a child who may be employed as a
labourer is entitled to equal remuneration for equal work without discrimination of
any kind, irrespective of the child's sex, religion, race, colour, caste and community.
The Labour Act (1992) provides for the fixation of minimum wages by the Government after tripartite consultation.
His Majesty's Government of Nepal had notified the minimum wages effective from
27 /07 /92 as follows;
in
S
No
1
2
3
Particulars
Basic Salary
Dearness Allowances
Daily Wages
Adult
Minor
800.00
100.00
30.00
rupees
Unskilled
Semi skilled
1,000.00
150.00
40.00
1,050.00
150.00
Highly Skilled
1
,160.00 1 ,350.00
150.00
150.00
On 12 February 1995 the Government increased the dearness allowance by 300 rupees for adults and 200 rupees for minors on an ad hoc basis. The daily wages were
revised and fixed at 50 rupees for an adult and 40 ruPees for a minor.
Separate minimum wages are prescribed for tea estate workers as follows:
S.No.
Fixed on
27tO7192
1
2
3
Basic Salary
Dearness Allowances
Daily wages
Adult
Minor
Particular
Revised on
12t02t95
Fixed on
27tO7t92
Revised on
12t02t95
850.00
650.00
75.00
+200.00
100.00
25.00
+5.00
34.00
+200.00
+6.00
No agreement can be made between employers and workers below the minimum
wage structure fixed by the Government. The workers have the right to collectively
bargain for higher wages.
Punishment
Except as otherwise specially provided in the Act, a Person who contravenes any of
the provisions of the Act or the Rules made thereunder, is liable to be punished by the
Department of Labour with a fine ranging from Rs.500 to Rs.5,000. Anyone aggrieved by the punishment awarded to him may file an appeal with the Appellate
Court.
Limitation
to
file Complaint
The time limit for filing a case relating to an offence punishable under the Labour Act
is 3 months from the date of the commission of such offence.
Cases relating failure to comply with an order issued under the Act by the Labour
Department, a Labour Officer or a Factory Inspector, may be filed within six months
from the date of such offence {vide Section 59 (2)1.
Locus Standi
A
case relating to an offence punishable under the Act can be instituted only on a
complaint lodged by the Labour Office or a person authorised by such office.
Tripartite Consultation
Under the Labour Act (1992), His Majesty's Government may form a tripartite Central Advisory Board which will offer advice on labour policy and legislation. (vide
Section 62 & Rule 46).
3.5 The Children's Act,2048 BS (1992
BS (1ees AD)
AD) and the Children Rules,205L
The Children's Act (1992) which was enacted to safeguard the interests of the children, contains a number of provisions on child labour. These provisions unlike those
of the Labour Act, apply to all children irrespective of wherever they may work.
The Act prescribes the establishment of the Central Child Welfare Board for the
country as well as a District Child Welfare Board in each district. These bodies should
be broad based having as their members social workers, medical practitioners, child
psychologists and teachers etc. The main function of the Boards is to protect the
interest of the child and in particular, monitor the use of child labour and find the
means to eliminate the practice. The Act also provides for the appointment of a Child
Welfare Officer to assist the District Child Welfare Board in discharging its functions.
Prohibition on employment of a child
The Children's Act defines a child to be a human being below the age of 16 years.
Section 17 of the Children Act lays down that a child who has not attained the age of
14 years shall not be employed in anlz work as a labourer. Further, a child shall not be
engaged as a labourer against his will.
Section 18 of the Children's Act prohibits engaging a child in work which is likely to
be harmful to the child's health or hazardous to the child's life.
Section 25 of the Act prohibits a guardian to engage a child in work which requires
more labour than his physical capacity can bear or which "rrtay hurt his religious or
cultural usage".
Regulation of employment of a child who has attained 14 years of age
Section 17 of the Act prohibits the employment of a child between the age of 14 and 16
years as a labourer at night from 6 PM to 6 AM. Chapter 5 of the Act contains
provisions about the working hours and the conditions of employment of such children.
The working hours are limited to 6 hours a day and 36 hours a week. Further, after
continuous work for three hours, an interval of rest for half an hour and one holiday for
each week shall be given to the child. The daily interval for rest and weekly holiday
shall be included in computing the working hours (vide section a7 e\.
A person or organisation engaging a child of 14 years or above as a labourer should
send a photograph and the particulars of the child in the prescribed form to the
District Child Welfare Board. The Board should verify the statement and may ask for
information and pass appropriate orders for correction where necessary. It should
also send a copy of the particulars to the Labour Office, (vide Section 46 and Rules 9
and 27).
Section 48 of the Act requires a corporate body or an industrial enterprise to obtain
the approval by the Child Welfare officer as well as the parents or the guardian of the
child before employing a child of 14 years or above as a labourer. Where there is no
Child Welfare Officer, permission shall be taken from the Labour Office and if it does
not exist, from the Chief District Officer. A person engaging a child in a recreational
or cultural programme having commercial purpose, must also obtain prior approval.
The Children's Act (1992) contains specific provisions prohibiting the offer of a child
in the name of a god or a goddess, the involvement or use a child in an immoral
'l'4 and 16).
profession and engaging a child in begging, (vide Sections 13,
Implementation of the Children's Act (L992)
As already indicated, the Children's Act provides for the establishment of the Central
Child Welfare Board and a District Child Welfare Board for each district.
The Children's Rules (1995) prescribe the functions of the Central Chitd Welfare
Board and the District Child Welfare Boards. The functions of the Central Child
Welfare Board include the following:
Government a long term policy and plan for the
protection of the rights of children and for their physical and mental development;
(i) to submit to His Majesty's
(ii) to approve, implement and review an annual Prograrune of action;
(iii) to formulate the policy and the plan for mobilisation of resources required
for
the annual prograrune;
to guide the District Child Welfare Boards;
(iv)
(") to arrange for the preparation and maintenance of a list of children in each
(vi)
district who are crippled, mentally handicapped or orphans or who are in jail or
are in the labour market, (through the District child welfare Board);
to identify effective measures to end child labour, child marriage, child sacrifice
and to encourage governmental and non-governmental agencies to implement
the measures;
(vii) to assist and encourage national and international non-governmental
organisations, foreign governments and international agencies to undertake activities for the protection and development of children.
Apart from the specific functions already indicated relating to the regulation of employment of children, the District Child Welfare Board has other functions similar to
those of the Central Child Welfare Board at the district level.
Enforcement of the Children's Act (1.992)
Any person has the right to file a petition on behalf of a child for the enforcement of
the rights under the Children's Act (1992), to a District Court within whose jurisdiction the child is residing. On the receipt of such petition, the Court may issue an
appropriate order, direction or writ. The Court has power to grant a reasonable
amount of compensation in cases where a child is aggrieved as a result of suffering
harm on any right conferred by the law, (vide Section 20).
A complaint must be filed within one year from the date of the commission of an
offence under the Children's Act (1992). A complaint may, however, be filed within
three years in a matter concerning the engagement of a child in an immoral profession, (vide Section 54).
The Children's Act (1992) provides for stringent punishment by way of both fine and
imprisonment.
3.5 Other legislations containing provisions on
child labour
(a) The Common Law Code (1.963), (Chapters on Trafficking and Rape), Human
Trfficking
(Control) Act (1986)
Human trafficking is not only prohibited by the Constitution but also prohibited
under the Human Trafficking Chapter of the Common Law Code (1963) and the
Human Trafficking (Control) Act (1986). Under the Human Trafficking (Control) Act
(1986), taking a person to a foreign country with the intention of selling is punishable
with imprisonment for a term extending from five to ten years. Forcing a woman into
prostitution is punishable with imprisonment for a term from ten to fifteen years and
selling a person is punishable with imprisonment for a term from ten to twenty years
(vide Section 8).
Any kind of physical relation with or without the consent of a girl under the age of 16
is considered as a rape {vide Section 1, Chapter on Rape in the Common Law Code
(1963)) and punishable with imprisonment for a term extending from six to ten years
if the child is under 14 years and from three to five years if the child is above 14 years
(vide Section 3 ibid). The property of the rapist is confiscated and half of such
property given to the victim (Section 10 ibid).
(b) Citizen Rights Act 201.2 BS (L955 AD)
According to Section 14 of the Act, a child below 14 years cannot be employed in any
factory or mine or any other hazardous work.
(c) Begging (Prohibition) Act 2018 BS (1962
AD)
A guardian or any other person is prohibited from engaging a child (below the age of
sixteen years) in begging. If any person contravenes this provision, he is liable to pay
a fine up to Rupees 75 or imprisonment up to 3 months or both.
(d) Prison Act 2019 BS 0963 AD)
Section 10
A of the Act stipulates that a jailed child shall not be employed for work.
(e) Foreign Employment
Act 1985
A license holder under the Act is not allowed to promote the employment of a minor
abroad. If a person is found guilty of facilitating such foreign employment, he is liable
to be fined five thousand rupees.
3.7 Machinery
of Enforcement of labour legislation
The Ministry of Labour is responsible for the formulation, coordination and implementation of the policy of the government relating to labour. It is the apex body for
the labour administration. A Cabinet Minister presides over the Ministry. The administrative head of the Ministry is a Secretary to His Majesty's Government.
The Department of Labour functions under the supervision and control of the Ministry of Labour. It is entrusted with matters relating to labour administration and
enforcement of labour legislation. The Department of Labour is headed by a Director
General.
There are nine Labour Offices under the Department of Labour. These are located at
Jhapa, Biratnagar, Janakpur, Kathmandu, Hetauda, Birgunj, Pokhara, Butwal and
Nepalgunj. They deal with industrial relations, arbitration, settlement of disputes,
registration of trade unions, inspection of establishments for enforcement of labour
legislation concerning health and safety at work, minimum wage, bonus, minimum
age for employment.
These Labour Offices are manned by two Senior Labour Officers, one Labour Officer,
one Senior Factory Inspector and nine Factory Inspectors. In addition, two Factory
Inspectors are posted in the Ministry of Labour and one Factory Inspector is posted in
the Department of Labour".
A Labour Officer (including a Senior Labour Officer) is concerned mainly with the
maintenance of harmonious industrial relations, welfare of workers and employees,
their safety and health (by obtaining necessary advice from qualified physicians and
others) and the implementation of minimum wages. The Officer is required to provide guidance to employers and workers and enforce the legal provisions in all these
matters. He also performs the non-technical functions of the Factory Inspector during
his absence. He has the power to enter the premises of an undertaking and inspect
registers and documents relating to workers and employees, (vide Section 55 and Rule
s3).
The Factory Inspector is responsible for overseeing the safety and health of workers.
He has been empowered to enter the premises of a factory, examine the structures,
plants and equipment and raw materials from the viewpoint of safety and health,
provide guidance to employers and issue appropriate orders. The Factory Inspector is
also required to provide guidance to the proprietor on training of workers and employees. He conducts investigations in the event of an accident in a factory or an
establishment and initiates action for providing compensation to workers for injury
sustained while engaged in work. The Factory Inspector also performs the duties of a
Labour Officer in his absence, (vide Section 67 and Rule 54).
The Ministry of Labour has lately opened a special section for enforcement of the
provisions on the minimum age for admission to employment in the carpet industry
and issuing of "child labour free" labels. The section is part of the Ministry of Labour.
According to the Annual Report of the Department of Labour for the year 1993-94,
the total number of establishments in the Kingdom is 3113 employing 355,058 persons. The Labour Offices conducted 766 inspections during the year, resulting in 61
cases of prosecution. All but two cases of prosecution relate to the Kathmandu
Labour Office. No details are , however, available regarding the nature of contravention nor of the punishment imposed.
3.8 Anomalies and deficiencies
1.
in the legislation on child labour
The the Constitution of the Kingdom of Nepal (1990) requires that no minor shall
be employed to work in any factory or mine or engaged in any other hazardous
work. The Constitution does not define the word'minor'. It is therefore necessary
to examine various legislations to explain the meaning of the word.
Under the Common Law Code (1963), any transaction carried out by a minor below
29
the age of sixteen years is void. The legal age for marriage with the consent of parents
is L6 years for a girl and L8 for a boy. The Contract Act (1966) allows a person who
has attained the age of 16 years to enter into a contract.
The Labour Act (1992), on the other hand, defines a child to be a person who has not
attained the age of 14 years and a minor to be a person who has attained the age of
L4 years but has not completed 18 years. The Act prohibits the employment of
children in an enterprise. The Children's Act which defines a child to be below 16
years of age also prohibits employment of children below 1,4years of age, as a labourer.
It would appear from the above analysis that the existing legislations on child labour
fall short of the Constitutional obligation concerning admission of children to employment in a factory or a mine or in any other hazardous occupations. Besides, they are
in conflict with the Contract Act (1966) as a person below 16 years of age cannot
enter into a valid contract of employment. The minimum age for admission to employment should, therefore, be raised progressively from the existing timit of L4 years
as the facilities for education and training of young persons are developed.
2.
The Labour Act (-1,992) prohibits the employment of persons below L8 years of age
in certain specified jobs. The prohibition does not extend to various other kinds of
work which are likely to be hazardous to the safety, health or morals of young
Persons. The ambit of the provision of the Children's Act is larger. It prohibits the
employment of children (i.e. persons below 16 years), which is likely to be harmful
to their health or hazardous to their life. This, however, leaves out young persons
between 16 and 18 years of age. Further, no guidance is provided in the Act as to
what constitutes hazardous work and the procedure to determine it.
3.
The provisions concerning the protection of minors at work in the Labour Act
(1992) and the Labour Rules (1993) relate to night work, the maximum hours of
work and the maximum weight of load that may be carried. The Children's Act
(1992) also deals with night work, the maximum hours of work and has, in
addition provisions on rest intervals. Neither of the Acts has, however, any provision on medical examination to ascertain the fitness of young persons for employment.
4.
The application of the Labour Act (1992) is limited. It does not extend to enterprises employing less than 10 persons except those located in Industrial Districts
and in certain specified cases notified in the official gazette. Besides, the term
"enterprise" itself is narrowly defined and excludes workplaces which are not
covered by registration under other laws. Thus the Act does not apply to agriculture and plantations except tea estates established under law. The entire informal
sector which constitutes a sizeable part of the economy is outside its purview. The
Act is also not concerned about work done by a chitd (as opposed to the employment of a child). Children working in the streets are excluded from its purview.
The Children's Act, on the other hand, applies to all types of workplaces. It is also
concerned with both the employment of a child as a labourer as well as the work
done by a child. However, its provisions relating to the work done by a child (Vide
Section L8 and 25) are concerned only with the physical effects of work on the child.
The Act does not prohibit or regulate work which is detrimental to the education and
mental growth of a child.
5.
Section 37 of the Children's Act (1992) requires the Children Welfare Home estabIished under the Act to provide vocational training to abandoned children living
in the Home and the goverrunental to assist the children to engage in jobs suitable
to their knowledge and skill.
30
Convention No. 138 stipulates what the work done by children for vocational education must be carried out in accordance with conditions prescribed by the competent
authority after consultation with organisations of employers and workers and should
be an integral part of a course of education or training for which a school or training
institution is primarily responsible. The provision of the Children's Act falls short of
the protection accorded by the Convention.
6.
The penalties prescribed for violation of the provisions of the Labour Act are mild
and may not act as a deterrent.
7.
In order to enforce any law concerning the minimum age for admission to employment effectively, it is necessary to strengthen the system of birth registration. The
relevant statute is the Birth, Death and Other Personal Incidents (Registration) Act
(1e76).
8.
Whilst the the Constitution of the Kingdom of Nepal prohibits bonded labour, no
law exists for the remission of the debt or punishing those who contravene the
Constitutional provisions.
3.9 Problems relating
to enforcement
The machinery for Labour Administration is short of staff and is unable to cope with
the growing industrialisation of the country. A large number of establishments in the
districts have not, as a result, been entered in the Inspection registers. Even those that
appear in the registers are infrequently inspected. The Factory Inspectors who are
technical personnel are drafted to perform the duties of a Labour Officer and have to
spend a great part of their time in conciliation of industrial disputes etc. It is essential
that the strength of the Labour Offices is improved both qualitatively and quantitatively if they are to enforce labour legislations effectively.
The Children's Act (1992) does not prescribe an adequate enforcement system. The
District Child Welfare Board has the duty to maintain a list of children working on
labourers and has been given the power to approve the engagement of children above
14 years of age (up to 16 years of age) in an enterprise. It may for the these purposes
call for information from the employers. However, neither the members of the Board
nor the Child Welfare Officers who work under the Board have the normal power of
an Inspector to enter a workplace, inspect documents and collect evidence etc.
As indicated above, the enforcement authorities for the Labour Act (1992) and the
Children's Act (1992), the principal legislations on child labour, are different. To the
extent the provisions of the two Acts overlap, there would exist a possibility of contradictory directions being issued by the authorities concerned.
3.10 Conclusions and Recommendation
L.
The question of child labour is dealt with in an almost identical fashion in the
Labour Act (1992) and the Children's Act (1992). Whilst the latter Act in certain
matters is more exhaustive, it has the disadvantage that it cannot cover young
persons above the age of L6 years. The Labour Act on the other hand is applicable
to only limited types of workplaces and suffers from various deficiencies. The
legislative scheme needs to be reviewed with the following objectives:
(i) the provisions
relating to employment and self employment of children and
work done by children (e.g. domestic work, work in a family undertaking)
should be consolidated in one Act to the extent possible;
31
(ii) the provisions should apply equally to work, employment and self employment;
(iii) labour inspection system should be extended progressively to cover all kinds of
workplaces;
(iv) there should be an effective and a single
for the same kind of workplaces;
authority to enforce the law at least
(v) there should be clear provision to specify the minimum ages for admission to
different types of employment or work and to increase the minimum ages as
the economy and educational facilities develop.
2.
3.
The definition of an enterprise in the Labour Act (1992) should be made more
explicit so that there is no ambiguity about the application of the Act. For instance
it is not clear as to what kinds of shops or establishments are covered under the
Labour Act. Besides, there should be a provision for compulsory registration of
the workplaces covered under the Act.
It may also be considered as to whether the application of the Act should be based
on the nature of the workplace (if all Vpes of workplaces cannot be covered at
once) rather than on whether an enterprise is established under an existing law.
Young Persons between the age of 'J,4 and 18 years should be given adequate
protection at work.
(a) Persons below the age of 18 years should be prohibited from working in hazardous Processes and occupations. The statute should lay down the basis and
the procedure for determining the processes and the occupations which are
hazardous to children. An initial list could be made based on the international
labour standards such as those concerning dangerous substances, agents or
Processes/ the lifting of heavy weights and underground work. A Child Labour
Technical Advisory Committee should be formed to review manufacturing
Processes employed and the conditions in different kind of workplaces in the
light of scientific and technical knowledge and update the list of hazardous
employment or work.
The minimum age for admission to hazardous employment could be set at 16
years for apprentices or trainees, provided they are suitably instructed and
supervised.
(b) There should be provision for medical examination of young persons at the
time of entry into employment and thereafter periodically to ensure that they
fit to perform the work on which they are employed.
4.
The penal provisions of the Labour Act (1992) should be made more stringent so
as to act as a deterrent.
Act (1992) seeks to regulate the engagement of a child above the
age of 14 years as a labourer and of any child in any recreational or cultural
Programme having commercial purpose. Guidance should be provided as to the
criteria which the District Child Welfare Board or the Child Welfare Officer should
apply to regulate their employment.
5. The Children's
6.
A legislation should be made for dealing with the contravention of the Constitu-
tional provisions on bonded labour and an effective agency for the enforcement of
the law and the rehabilitation of the bonded labourers including the bonded child
labourers should be set up.
32
7.L
The effectiveness of legislation depends on the awareness of the problem, the
motivation and the competence of various kinds of agencies and professionals
indicated below.
(a) the implementing agencies (e.g. the proprietors, the managers, the Welfare
Officers as well as the workers)
(b) the enforcing agencies (e.g. the Factory Inspectors, the Labour Officers, the
District Child Welfare Boards, the Child Welfare Officers and the NGOs in
case of the Children's Act which authorises any person to file a petition on
behalf of a child before the District Court)
(c) the facilitators and whistle blowers (e.g. the employers' and the workers'
organisations and NGOs)
(d) the lawyers and the judiciary (Offenders are sometimes let off with nominal
fines as the violation of the provisions on child labour is not looked uPon as a
serious matter)
(e) the law makers who must have a good idea about the effectiveness and the
deficiencies of the current legislation.
This group includes legislators and the higher executive.
(f) the media (apart from the print and audio visual media, in a mountainous
country such as Nepal, radio has an important role to play in raising the
awareness of the public)
(g) the parents, guardians and teachers
Special prograrunes should be devised for each of these categories of organisations
and professionals. This would include training workshops, seminars, distribution
of literature as well as general awareness raising activities.
T.2lnsofar as the enforcement agencies are concerned, it needs to be impressed on
them that enforcement includes not only formal inspections, improvement notices
and prosecutions but more importantly counselling and actively assisting the employers and workers to regulate and eliminate child labour. They should provide
guidance to the employers to ensure the safety, health and welfare of the worker.
An appropriate strategy for enforcement would also have to be devised for industries and areas where child labour is endemic'
8.3 The strength of the Inspecting staff has to be increased keeping in view the rapid
urbanisation and industrialisation of the country. The staff should also be provided with the facility for transport.
Act (1992) does not provide for a government enforcement system
and relies on the initiative of a private person to take the cause of a victimised
child before a court of law. Given that the legal processes are technical and time
consuming and also that the practice of child labour restricted or banned by the
Act, does not yet evoke strong public disapproval, it is unlikely that the provisions
of the Act can be enforced without a government enforcement system. We recommend that the provisions of the Children's Act (1992) on child labour at least
insofar as it concerns enterprises may be entrusted with the Labour Office for
enforcement. Further the Central Child Welfare Board and the District Child
Welfare Boards should be formed now as the Rules in this regard have already
been framed and Child Welfare Officers should be appointed in each district.
8.4 The Children's
g.
The implementation of the Birth, Death and Other Personal Incidents (Registration) Act (L976) should be strengthened so that authentic record of the age of a
child is available.
Chapter
IV
Education and its relation to Child Labour
4.L Introduction
A lack of access to educational facilities and schooling is often connected with the
incidence of child labour. Therefore, education may be looked upon as the most
important intervention against child labour. In fact, there is strong evidence that the
establishment of compulsory education leads to the elimination of child labour.
A different viewpoint put forward by
Standing and Ennew (1981., 1989) asserts that
promoting compulsory education alone is another elample of devising simplistic solutions to a complex problem. Schooling should not be confused with education for
there are many other activities including economic ones that can contribute to a
child's education (Standing and Rodgers, 1981). Nonetheless, schools do provide almost everywhere the surest means of education. Besides emphasis on schooling clearly
contributes to the reduction of the burden of work on a child.
There is no compulsory education in Nepal. Children enter primary school when they
reach the age of six, and they are normally sixteen years old when they finish secondary school.
4.2 Educational Achievements and Policy (Primary and Secondary Levels)
Prior to 1950, only a very small minority of Nepal's population had access to education. There has been a considerable growth since then over the last four decades.
However, it is felt that development of the education system in Nepal has concentrated on the expansion of facilities rather than on the quality of education. The
school system was established through the 1950's and 60's largely with foreign assistance, and today more than 19,000 primary schools cover most of the country. A
National Education System Plan (1971) introduced a new curriculum, increased access through gradual elimination of tuition and text book charges and increased
educational opportunities in the rural areas. This period saw the beginning of a
secondary school system which in recent years has been expanding somewhat faster
than primary, although even now it still serves less than 20'/" of the age cohort.
New rules and regulations based on the amendments to the Education Act were
introduced in 1992 to strengthen the quality of secondary education through administrative improvements. In addition, in order to raise the educational standards of the
underprivileged, prograrunes for women's education, non-formal education and special education programnes are being implemented.
The Government is committed to a policy of making basic and primary education
accessible to all school children of ages 6-10 by the year 2000. On account of an
increasing outlay on education, the number of children enrolled in primary, lower
secondary and secondary schools has been consistently rising over a long period of
time.
4.3 Primary Education
There has been noteworthy progress in the expansion of primary education in Nepal.
From a very low base of a little over 400 schools in 1951 (203 primary, 200 middle,
and LL secondary), in 1993, there were 19,498 primary schools all over the country.
Similarly, the number of children enroled in schools (both primary and secondary) has
risen from 8,505 in 1951 to about 3.9 million in 1993. The number of primary teachers
has grown to almost 75,000 in 1993. However, the country is faced with the challenge
of achieving universal coverage and of improving the quality of primary education in
general.
I
nfr as tru c h,t r al
F acili ti e s
Under the Basic Education Needs Policies (1987), the schools are provided on the
following criteria:
Mountain
1 school within 1 km radius
Hill
1 school within 1lz km radius
1 school within 2 km radius
Terai
1 school per ward
Urban
Table 4.1
Number of Students in Primary Lower Secondary and Secondary Schools
ln
Year (September)
1975
1 976
1977
Primary
459
644
769
1
875
1
1013
1 068
1 388
978
1 979
1 980
981
1982
983
1 984
1 985
1 986
1 987
1 988
1
1989 May
1990 May
1991 May
1992 May*
'Estimate
1475
1626
1748
1812
858
1 953
1
2110
2526
2789
2884
3143
Lower Secondary
Secondary
174
189
67
74
82
94
Thousand
700
907
1078
1246
227
277
343
106
1462
391
121
1
170
1702
199
144
170
220
198
239
254
2044
2203
242
271
290
305
325
216
269
290
307
339
344
378
365
395
425
420
Primary education covers Class I - V
Lower Secondary covers Class Vl - Vlll
580
1844
2308
2398
2533
2722
31 90
3497
3657
3988
Secondary covers Class lX - X
Source: Ministry of Education, Culture and Social Welfare (1993)
The local community used to be responsible for providing and maintaining the school
building, grounds and furniture. The type and the condition of the facilities varied
with the climate, the type of building materials available and the financial resources of
the community. Although some facilities were well built, most were generally known
to be inadequate.
Under the school rehabilitation prograrune of the Seti Education Project, grant assistance was given to communities on a 40/ 60 cost-sharing basis to improve the physical
condition of schools. In most cases conununity contributions exceeded the required 60
percent and considerable community funds were generated for primary education.
35
UMCEF also provided roofing materials to about 850 schools through the Ministry of
Local Development. Through the same channel ]apan provided a bulk shipment of a
five year supply of roofing materials for both primary and secondary schools.
The Government under the Basic and Primary Education Project and the Primary
Education Development Project are providing since 1992 technical and financial inputs for the construction of primary schools. According to a recent agreement signed
by the Government of Japan, it would continue assistance for construction of schools
to His Majesty's Government through the Ministry of Education.
Primary Curriculum
Regarding the quality of primary education, perhaps a very close link exists between
the high drop-out rates in the early grades and the difficulties children experience
with the primary curriculum. According to the Master Plan for the Primary Education sub-sector, the present primary curriculum does not provide a meaningful and
effective series of concept learning and skill development process. Growing recognition of such inadequacies has led to revisions of curriculum and attempts to enhance
its quality and relevance through the Basic and Primary Education Project operating
in several districts in the country.
Free textbook policy has also been a major contributing factor to the increased enrollment especially of girls up to Class V; for boys, textbooks are free up to Class III. For
boys living in the designated remote areas, textbooks up to Class V are provided free
of
cost.
The policies and strategies on primary education during the Eighth Five Year Plan
period (1992-1997) are as follows:
r
Access to basic and primary education is to be expanded by increasing the number
of primary schools.
A feasibility study is to be undertaken to make primary education compulsory and
to make necessary arrangements to empower local bodies (i.e. Village Development Committees and Municipalities) to enforce free and compulsory primary
education.
The Basic and Primary Education Project (BPEP)
all districts of the country.
will be gradually implemented in
Accordingly, new textbooks and a new curriculum are under preparation for the
primary schools to improve the quality of education at the primary level. New textbooks up to Class [V have been introduced throughout the country and teachers given
orientation in the new materials and curriculum. The BPEP has initiated several
activities to bring about changes in primary education. The major ones are: determining learning outcomes, changing textbooks, disseminating curriculum, preparing supporting materials both for students and teachers as well as assisting in the construction of school buildings.
Problems Confronted in Primary Education
Even though primary education is free and a tremendous growth in the education
sector is visible, children in remote areas in the country do not still have access to basic
education. Besides, the percentage of students who repeat the grade or drop out of
school remains very high.
fable 4.2
Grade
1
Percentage of Drop Out
Percentage of students who repeat
22
43
2
10
19
3
b
4
5
I
20
14
15
12
According to a policy document brought out by the Ministry of Education, Culture
and Social Welfare (1990), the principal problems faced in primary education are:
r
r
r
.
r
r
!
r
r
r
inability of parents to pay the annual admission fees
inability of parents to pay for proper clothes, exercise books
inadequate instructional materials
poor school management
under-utilization of community resources
poor quality of instruction
poor performance of students
distant location of schools
almost 60% of primary teachers untrained
caste discrimination
etc.
leading to
r low school enrolment
r high drop out and repeater rates
r very low enrolment of girls
4.4 Second"ry Education
Secondary education in Nepal comprises two parts: Iower secondary level from Class
vI - vu (age group:12-1.4), and a secondary level of Class IX - X (age group 15-1,6).
Since 1992, tuition fees for lower secondary education have been waived. The government has in the current budget extended the waiver of tuition fees to secondary
education. In 1992, there were 4230 lower secondary schools and 2309 secondary
schools, with 433,428 and 421.,709 students respectively. Recently, a plus two system
has been introduced and the goverrunent has permitted more than 100 secondary
schools in different districts of Nepal to start higher secondary education (1994). A
comprehensive Secondary Education Development Project was initiated in 1993 with
support from the Asian Development Bank, to promote reforms in all aspects of
secondary education. Major problems faced by the secondary schools are: the lack of
properly qualified teachers and the lack of instructional materials and physical facilities. Consequently, the quality of education is often poor. Students are especially
weak in Science, Mathematics, English and vocational subjects, resulting in a high
rate of failures in the School Leaving Certificate Examinations held after completing
Class X. The goverrunent has also implemented a Science Education Project from 1985
to 1991 to improve teaching standards in Science, Mathematics and English in secondary schools. Overall, the quality of education needs substantive improvement at
the secondary levels.
4.5 Literacy and Non-Formal Education
Non formal education curriculum covers basic literacy, numeracy and functional aspects. The low enrolment and high drop out rates particularly among the poor and
ihe disadvantaged groups have led to the adoption of alternative aPProaches of the
non-formal sysiem, whereby a large majority of non-school going children could be
reached.
Classes for Out-of-School children started first through the Seti Education for Rural
Development Project exclusively for young girls aged 8-14 years popularly known as
Cheli-Beti programme, which acts as a bridge to formal education. Subsequently, the
Primary Education Development Project introduced the "shiksha sadan" functional
education prograrune for both boys and girls. The objective is to encourage children
to join schools at grade 2 or 3.
Under the Education Regulation (1992), a National Council for Non-Formal Education has been constituted to formulate policies, coordinate programmes, carry out
follow up activities and supervise non-formal education. The Council, comprising
representatives from various related ministries and NGOs is chaired by the Minister of
Education, Culture and Social Welfare.
The following Agencies are working to extend the NFE Programme:
National Council for NFE
District Committee for the Development of NFE
District Education Office, NFE Unit
Village Literacy Campaign Comrnittee
Regional Directorate, NFE Unit
The literacy campaign has been extended to one district in each of the Five Development Regions. In only one year 1990, 100,000 illiterates became literate. During the
period 1993/4, the total number of children covered by Out of School Programmes
was 77,688 (MOECW, 1993). Despite this, the progress achieved is far from adequate.
The amount allocated to non formal education is as low as 0.3 percent of the total
education budget. Besides, there are other problems such as shortage of educational
materials, lack of follow up and evaluation, unstable and random approaches taken
to carry out policies and progralrunes. These problems are related to every aspect:
policy, coordination, uniformity and technical areas.
Gender Bias
in Education
Though Nepal has made substantial progress in the overall literacy rate which went
up to 23.3 % in 1981 and to 39.3% in 199\, as against about 13.9% in 1971, the sex
differential in the literacy rate is still high. The current female literacy rate is close to
male literacy 20 years ago. The male literacy rate has increased from 23.6% in 1971 to
34"/" in 1981 and 54"/" in L991; while the female literacy rate is continuously moving
up from 3.9"/" in 1971, to 12.2% in 1981 and 24.7'/" in 199L. The disparity between
male and female educational attainments has not declined during the 1981-1991
decade. The difference between male and female literacy rates, for example, has
increased to about 29 percentage points in 1991 as compared to about 20 percentage
points in 1971 and about 22 percentage points in 1981. For every hundred boys, only
53 girls receive primary school education.
An interesting fact revealed from examining age specific rates is that only the 10-14
age grouP girls have started to catch up with same age cohort boys and the gender
disparity in literacy rates has started to decline, e.g., from 29.6 percentage points in
1981 to 26.7 percentage points in L991.
Figures on enrolment levels obtained from 1991 census do not present a brighter
picture on the gender disparity either. However, the figures in Table 4.3 include
literate and beginners at school and probably under-estimates enrolment levels.
Thus female education and female enrolment levels are now perceived as one of the
most problematic aspects of educational development in the country. Rural residence,
38
poverty and the existing attitudes towards women in the family accentuate the problem of illiteracy and education among girls in Nepal. Girls from poorer households
have heavy workloads and cannot afford the time to go to school. Moreover, an
attitude prevailing among parents in resource poor households is that since daughters
are transferred to their husbands' families anyway, investment in their education is
uneconomical for the natal households. In some traditional Hindu communities, especially in Southern Nepal, it is believed that girls should not be allowed to mingle with
boys and men. A11 these various factors affect the low enrolment and high drop out
rate of girl children in school.
Table 4.3
Male/Female School Enrolment Leve! by Age Group and Region
Group Percent of Age Cohort
Gender/Age
Mountain
Male (6-15)
6-10
53.0
11-15
44.3
Hill
59.4
48.6
71.6
38.9
34.6
43.9
49.3
11-15
63.3
24.8
22.7
27.2
Both Sexes (6-15)
39.1
6-1 0
33.7
41.7
11-15
45.7
57.9
Female (5-16)
6-10
Nepal
Terai
49.4
57.7
39.7
60.5
29.5
24.5
37.0
39.4
32.3
49.5
43.9
66.0
33.6
28.8
39.7
43.9
36.5
53.3
Source:CBS 1994, Population Census 1991
4.6 Vocational Education
Vocational training is provided through different programmes run by the Ministry of
Education, Culture & Social Welfare, the Ministry of labour and the Ministry of
Industry. The technical schools provide training in various trades to school undergraduates. These institutions are located in various parts of the country such as Jumla,
Banke, Doti and Dang in West Nepal, Siraha and Dhankuta in East Nepal, and
Bhaktapur, Balaju and Jiri in Central Nepal. In addition, a number of private institutions in the cities are also providing training in secretarial science, computers and
office management. The Institutes of Medicine, Agriculture and Engineering also run
basic level training programmes for secondary level students.
The demand for technical and vocational education has been increasing steadily.
However, some of the institutes lack qualified teachers and appropriate and adequate
instructional materials. Under the Technical Education Programrne, the number of
technical schools is to be increased in the country.
In brief, successful attempts to teach basic literacy and numeracy skills to girls under
the Cheli Beti Programme and providing vocational and technical schools are significant in terms of finding solutions to child labour situations in the country. The adult
literacy progranunes as well as other non-formal educational progranunes aimed
specifically at children , like the Underprivileged Children s Education Project (UCEP)
are also significant in this context for the betterment of children, especially the large
majority labouring in the rural areas.
Mention must here be made of Special Education Programmes that exist within the
Education System in Nepal targeting the physically and mentally handicapped. Durng 1990-1993, a total of 1000 disabled children were admitted to 42 different schools
under the Special Education prograrrune.
4.7 Curcent Policies and Programmes
Some major Educational policies to be implemented
during the Eighth Plan period are
as follows:
r
Universalize primary education and raise the literacy rate to 67"/" by the year
2000.
r
r
r
r
r
Implement free and compulsory primary education system in selected areas.
Implement the Basic and Primary Education Pro;'ect in all districts
Provide scholarships, awards and uniforms to girls to raise their enrolment and
reduce their drop out rates.
Emphasize non-formal education progranunes.
Strengthen special education prograrunes
Two Projects, the Basic and Primary Education Project and the Primary Education
Development Project are being implemented since July 1992 to improve the physical
facilities, supervise the system, raise the efficiency and quality of both the examination
system and the training of teachers of both Formal and Non-Formal education. The
Ministry of Education, Culture and Social Welfare conunenced the primary Education
Project with the support of the World bank (IDA) and LINICEF in 1982. In 1992 the
second phase of the project called the Basic and Primary Education Project was
started. The aim is to achieve a cost effective qualitative improvement in primary
education and to strengthen administrative and technical capacity from the Central
to the District levels. BPEP covered 40 districts in the fiscal year 1994/95
4.8 Cost of Education
Nepal having attended the World Conference on Education for
Thailand (1990), is comrnitted to achieving:
All held in
Jomtien,
r
IJniversal access to basic education, and achievement of primary education by at
Ieast 80 percent of primary school-age children, with emphasis on reducing current disparities between boys and girls.
r
Reduction of the adult illiteracy rate to at least half its 1990 level, with emphasis
on female literacy.
For the fiscal year 1993/94, the government allocated 44.52"h of the education budget
to primary education, whereas the total education budget covers 12.76% of the total
national budget. This is strong evidence of the government's commitment to strive for
universal primary education. The allocation for education in the National Budget
from 1988 /89 to 1994/95 given below shows the increase in the level of priority
attached to education as the years have progressed:
The unit cost for primary education is estimated to be Rs.432 per year, although
amounts vary from level to level. The government contributes 64 percent of the costs
and the community bears the rest of the school running expenses. However, there is a
high wastage caused by failures and drop outs raising the cost of getting each student
to complete the primary cycle.
There needs to be a much heavier emphasis on enhancing the quality of primary
education, making it accessible to all, cost-wise and time-wise. In the last decade,
greater emphasis put on qualitative improvements has resulted in positive advances in
40
pdmary education, but not for all. Much more resources and innovative prografiunes
need to be directed to the primary age groups first and then to secondary and technical education as a deterrent to child labour.
Table 4.4
Allocation for Education in the Nationa! Budget (1988/89-1994/95)
1988/89 1989/90 1990/91 1991192 1992/93 1993/94 1994/95
Percentage of total national budget 8.92 10.30 10.40 12.00 12.65 12.76 13.6
Source: Estimated Budget Expenses of HMG/N from 1988/89
-
1993/94
Table 4.5
Total Government and Education Expenditures
(Rs. Millions)
Expenditure
A. Total Govt. Expenditure
B. Total Education Expenditure
C. Ratio of (B) to (A)
2,082
1991-92
24,574
2,757
8.8
't1.2
1990-91
23,549
1
992-93
33,595
4,250
12.6
Source: IEEP/MOEC
4.g
lnefficiencies of the school system
In the context of child labour, the content of educational programmes, both formal
and non-formal is crucial. Not enough attention is given to this aspect of education
yet. Life skills do not figure in the agenda of education yet. If education does not
enable the child to achieve a good quality of life both in terms of economic stability
and socio-cultural enrichment, it becomes irrelevant. Expanding this irrelevant system
in terms of numbers alone becomes a meaningless exercise. As already stated above,
the school management machinery, training of teachers, availability of educational
materials, etc. must all be made more efficient and effective and a strong linkage be
developed between the formal and the non-formal education systems in order to
reduce the number of drop outs, increase enrolment and raise the overall standard of
education.
Chapter V
National Policies and Programmes
5.1 National Policies and Mechanisms For Ensuring
Child Rights
Protection
The Constitution of the Kingdom of Nepal (1990) includes many provisions to safeguard the rights of the child, especially with regard to trafficking in human beings,
slavery, serfdom, or forced labour in any form. The employment of minors in a factory, mine, or in any hazardous work is similarly prohibited. The state is empowered
to make necessary arrangements to safeguard the rights and interests of children and
to ensure that they are not exploited and are provided free education. The Labour
Act (1992) prohibits employment of children below the age of 'J.4 years in enterprises
and regulates the employment of "minors". In May 1992, tlrre Children's Act was
enacted to protect and safeguard the rights and interests of children. A Ten Year
National Programme of Action for Children and Development for the 1990s was also
formulated.
A
detailed policy had been designed during the Seventh Plan (L985-1990) which
states that children are the future leaders of the country. They will be physically,
mentally and intellectually capable citizens in the future if they are provided with
facilities for an all round development from their childhood. For the first time in
Nepal, a separate plan was made for the children with the following policies:
(i) Factors responsible for
the school drop out at pre-primary and primary school
level will be surveyed and remedial steps will be taken to discourage such tenden-
cies.
(ii) Necessary arrangements will be made in the existing laws to provide for all round
development of the children and promote their interest.
A unified process will be adopted to maintain effective coordination in the implementation of development prografiunes designed for children's welfare.
(iv) Special emphasis will be laid on activity involving non-governmental social organizations in the children's welfare prograrrunes.
(v) Other policies were directly related with health and nutrition.
(iii)
Limited success was achieved during the Seventh Plan on the issues mentioned above.
special statement was next made in the Eighth Plan (L992-97) with the following
activities:
A
a.
Special measures will be taken to reduce the rate of school drop out, to improve
the quality of education and to increase the enrolment of girls. Children of school
going age will be provided free primary education.
b. Child
health services will be expanded and strengthened in health institutions
with an aim of reducing rates of child mortality and morbidity as well as infant
and child malnutrition.
42
c.
Programmes will be launched for the benefit of children in specially difficult circumstances, abandoned, orphaned street children as well as children affected by
drug abuse. The government will encourage and provide facilities to national and
international NGOs involved in such prograrrunes.
d. Non governmental organizations will
be encouraged to disseminate information
on laws relating to children, and these organizations will be motivated to assist the
government in punishing those found infringing upon such laws.
e.
Measures
will be taken to encourage and help locals to set goals related to children
and child development when devising local plans.
f. A high level national
Children Development Council will be formed to coordinate
and monitor the execution of the child development plans.
After the ratification of the Convention on the Rights of the Child in September
L990, Nepal has taken several legislative, administrative and other measures to
implement the conditions laid down in the Convention. Nepal has also prepared a
country report (February, 1995) as required by the Convention
5.1.2
in
The Labour Act (1992), the Children's Act (1992), the formulation of the Ten Year
National Programme of Action for Children, the establishment of a Child and Women
Development Section in the National Planning Comrnission Secretariat (June 1993),
the reformation of the National Council for Woman and Child Development, and the
planned Children's Welfare Boards both at the Central and District levels are some of
the more recent activities undertaken to establish mechanisms for coordinating policies relating to children and for monitoring the implementation of the Convention.
The Ministry of Education, Culture and Social Welfare has different divisions and
directorates which help to formulate, implement, monitor and evaluate education
policies. The Council for Technical Education and Vocational Training , the Council
for Non formal Education and the Sports Council work under the Ministry provide
appropriate education and training to the children. The Social Welfare Council under
the Ministry formulates, implements and coordinates social welfare activities and
programmes for children. The functions of all these bodies have an important bearing
on the progress to regulate and eliminate children.
5.2 Programmes
of NGOs, International organizations and Employers'
and Workers' Organization
5.2.L After the establishment of the multi party democracy, a most positive development has been the burgeoning growth of non-governmental organizations, committed
to the promotion and protection of children's rights. The government's positive attitude has stimulated efforts of social activists and trade unionists to press for implementation of proposed programmes.
growing attention in Nepal during the last few
years. A number of technical schools and vocational training institutions provide
various kinds of training to under-privileged children. UCEP has been operating a
number of schools for working children who are above twelve years of age, but have
never been to school.
5.2.2 Working children have received
5.2.3 There are many NGOs working together for the benefit of children. Their
activities had till recently suffered from being uncoordinated. This problem has been
solved by the formation of a new networking group in L992 called the Children At
Risk Net Working Group (CAR-NWG). As the name suggests, CAR-NWG focuses on
networking and advocacy activities and has facilitated monthly discussions on various issues pertinent to child labour, street children and trafficking. It now has 2L
NGO members through whom a variety of research and action progranunes are being
conducted and supported. A Child NGO Federation has also been formed for coordinating and networking activities. In Kathmandu Valley, NGOs like CWIN and the
Child Welfare Society are operating common roorns and literacy prograrnmes for
working children as well as street children. Still others such as the Centre for Womery
Children and Community Development, the Child Protection Centre and the People
in Need have undertaken action oriented research and surveys to understand the
problems and conditions of child labour.
5.2.4 Some of the innovative activities are being carried out by CWIN which established the Common Room in 1988 with the aim of re-socialising and rehabilitating
street children. It is an informal, non-residential day care centre that functions as a
social club for children who are abandoned or living at risk. Children registered there
can play, develop friendship, learn to read and write, consult a doctor or nurse and
eat a nutritious lunch. In 1991,, 500 children had registered at the Common Room
and most enjoy the progranunes it offers.
Some 400 children have successfully completed the literacy prograrune. Almost 100
have been admitted to schools under CWIN's Education Support Programme.
Children attending the Common Room have access to regular lectures on health and
hygiene. Hot showers, soap and tooth brushes are always available, Children are also
provided with clothes, footwear and plastic gloves for rag-picking.
The health clinic at the Common Room has four beds and is regularly serviced by two
doctors and a nurse. Every day about 30 children are treated for cuts, wounds,
sprains, skins diseases, respiratory and gastro-intestinal disorders. Serious cases are
forwarded to hospitals.
Counselling services are also available. Family breakups, parental negligence, overwork and other forms of exploitation have serious detrimental effects on the mental
health of children which the Socialisation and Counselling Programme at the Common Room attempts to address. Interaction and sharing with other children, followed by identification of individual problems and finally, by individual counselling,
is the three-step approach used by Common Room teachers. CWIN is planning to
establish similar Common Room project in Narayanghat, Pokhara and Dharan.
5.2.5 Under the sponsorship of CAR-NWG, several preliminary research surveys have
also been undertaken on children at risk in Narayanghat area, Kathmandu and Dharan.
Income generating programmes and advocacy campaigns are underway as protective
steps against girl trafficking. In fact, a series of sporadic Awareness Raising and
Community Mobilisation progranunes are carried out by activist groups from time to
time, which if supported by the Government and IIN agencies could prove to be very
effective.
of girls trafficking and prostitution, NGOs such as WATCH, WOREC,
ABC and Maiti Nepal are undertaking various activities of prevention through income
generation activities, protection, advocacy and rehabilitation in Sindhupalchowk,
Chitwan and other high risk areas. Vocational and Technical training of street and
ragpicker children are being carried out by NGOs such as the Centre for Women,
Children and Community Development and the Child Welfare Society. Similarly,
NGOs such as the Education Prograrune for Helpless Children and the People in
Need are involved in other types of training, educational support programmes and
5.2.6 On issues
counsellinS.
5.2.7 T}ire recent floodlights of attention drawn to child labour in the carpet factory
due to "the Child labour Deterrence Act (1993)" introduced in the U.S. Senate in
March 1993 by Senator Harkins prohibiting the import of products produced by
children and the reluctance by German buyers refusal to import Nepalese carpets
without certification that they were made without child labour, has led to the formation of the National Society for Protection of Environment and Children (NASPEC),
whose founding members consist of NGOs concerned, Government organizations,
industry and business associations. Their objectives are two-fold: (i) Certification for
Child Labour Free Carpe! (ii) Welfare and Rehabilitation prograrunes for children
withdrawn from the carpet industry.
which provide support, both financially and technically
to various child rights protection activities. INGOs such as the Redd Barna, the Save
the Children, the Action Aid, the Save the Children Fund (UK) and (USA) and the
Plan International are supporting initiatives related to child development.
5.2.8 There are many INGOs
5.2.9 The Asian-American Free Labour Institute (AAFLI) recently joined forces with
the Under privileged Children's Education Programme (UCEP) to open a school for
children who were formerly employed in Nepal's carpet industry. The children in the
programme who number one hundred at present have all been hand-selected by
members of the AAFLI staff. They are between the ages of 8 and 1.4, and all of them
worked in carpet factories in the Kathmandu Valley for anywhere from three months
to five years. Many of the children are either orphans or essentially orphaned because
one or both of their parents abandoned them. Others have one or two parents living
in a village outside of Kathmandu who are unable to educate or even feed their
children. A handful of the students wove alongside their parents or older siblings in
the factory. When the manufacturers cracked down on child labour, they were
prevented from weaving, but remained working in the factory doing tasks such as
looking after other children, cooking or cleaning.
The school initially provides non-formal educational and vocational training for the
children. All students live and study on the premises and are provided all study
materials, school uniforms, sleeping quarters and meals free of charge. Both AAFLI
and UCEP hope to expand the programme to allow more children to board in the
school, as well as to provide day classes for several hundred children working in other
sectors. In addition, efforts are underway to coordinate with other interested
organisations to develop a special curriculum designed to meet the needs of urban
based working children that could be used to educate children working in urban
areas throughout Nepal.
5.2.10 UNICEF has been active since 1960s
in expanding and improving basic
services
for the children in Nepal. It has been assisting the government in the fields of
nutrition, health, basic and primary education, and water supply and sanitation.
Over the next 3-5 years, it plans to assist the government for the effective implementation of the Children's Act. It will also assist the Child Rights Watch (an NGO Coalition for the Rights of the Child), and the Child Watch (the children's national networking group for the rights of the child) to establish the basic organizational infrastructure and capacities for a sustained implementation of the Convention.
Under the programme on Children in Especially Difficult Circumstances (CEDC),
UNICEF plans to deal with the following issues: child labour, child prostitution, children in jail, street children and children with disabilities. The Task Force on the
Elimination of Child Labour conducted a study with the assistance by UNICEF, to
45
assess the current situation of child labour in Nepal. Child prostitution was recognized as one of the priority areas for action. UMCEF has assisted NGOs in establishing prograrunes for city girl prostitutes, Badhi communities and Deuki communities.
UNICEF Nepal also initiated inter-country collaborative efforts with its India office to
address the issue of girl kafficking.
For street children, UMCEF continues to assist NGOs in their preventive and rehabilitative interventions. The Street Children's Trust was officially started by local NGOs
and UNICEF with contribution from individuals and private organizations. An innovative project involving street children in a street drama project to create public
awareness about their situation and also raise funds for their progranunes are meeting
with positive responses everywhere.
5.2.11A Memorandum of Understanding was signed in February 1,995by His Majesty's
Government of Nepal and the ILO extending the ILO's International Programme on
the Elimination of Child Labour (IPEC) to Nepal. A National Steering Committee has
been set up by the Ministry of Labour in accordance with the Memorandum of
Understanding. It comprises representatives of the Ministries of Labour, Education,
Industries and Commerce, the National Planning Commission and the Social Welfare
Council as well as the representatives of non-governmental organisations, namely, the
Federation of the Nepalese Chamber of Commerce and Industries, the General Federation of Nepalese Trade lJnions, the Nepal Trade Union Congress and the Children
at Risk Network Group. The remit of the Committee are as follows:
L.
Consult on the nature and scope of the activities to be undertaken in the framework of a national programme under IPEC established in the context of national
policy and give consideration to other ongoing or planned child labour projects.
2.
Select action progranune proposals
for inclusion in the national programme under
IPEC.
3.
4.
Provide information and justification for biennial programme and budget of IPEC.
Establish procedures for the review of the ongoing national programme within
IPEC and carry out review of action programmes in the context of the national
programme as a whole.
The ILO has already commenced preparatory activities under IPEC in Nepal. It has
prepared project documents on (i) Children working in the carpet Industry in Nepal
and (ii) Prevention of Bonded Labour in Nepal and forwarded them to donor countries for financial support. It has also provided assistance to several NGOs to conduct
studies and pilot activities such as the following:
r
Health camps for children working in the carpet industry and those working as
porters by CONCERN for Children and Environment
r
Assessment of child labour through working mothers in different industrial areas
in Nepal by Kathmandu Business and Professional Women
r
Study on child labour in the transport sector, hotels and restaurants; and small
workshops and factories by the Nepal Trade Union Congress
r
Study on child labour in tea estates by the General Federation of Nepalese Trade
Unions
r
Survey of Child Labour among socially disadvantaged castes in the Baglung District by the Bhimpokhara Youth Club, Baglung.
A number of Action Progtamme proposals have already been processed for consideration by the National Steering Committee. These concern the problems of the children
of bonded labour (Kamaiyas) in the Mid and the Far Westem Development Region of
Nepal, child prostitution, child workers in tea plantations and child workers of the
Kami, Damai and Sarki (KDS) castes etc. It is also proposed to extend the scope of a
UNFPA sponsored national sample survey on employment and migration to children
of the age group of 5 to 10 years so that various dimensions of the child labour from
the age of 5 to L4 years can be comprehensively studied.
The ILO initiatives towards the elimination of child labour are actively being pursued
through various activities with NGOs and discussions with the government. In a
recent National Tripartite Workshop on International Labour Standards held jointly
by the Ministry of Labour and the ILO in Kathmandu, it was resolved that Nepal
should ranfy basic human rights Conventions of the ILO including Convention No.
138 on child labour.
Chapter VI
Conclusions and Recommendations
5.L Conclusions
6.1.1 Child labour is a widespread phenomenon in Nepal. Accurate information is
lacking, but scattered information and educated estimates indicate that the incidence
of child labour has been rising mainly on account of migration from rural areas.
Whilst somewhat open and visible in certain sectors, child labour is still very much a
hidden occurrence in the majority of work settings which make scientific enquiry and
direct intervention far more difficult than in most other areas of social concern.
6.1.2 Children are found
working as an integral part of the family farming workforce
in the agriculture economy of Nepal. They also constitute a large puit of family
labour in commercial farms. According to unofficial estimates as much as 60"/" of the
total child population in Nepal is engaged in labour either in the formal or informal
sectors such as carpet/garment factories, tea estates, brick kiln/stone quarries, hotels/
restaurants, and as porters, child prostitutes, domestic servants, and bonded workers.
In major cities there is also a large number of street children who work mainly as rag-
pickers. (see Table 2.3)
6.1.3 Major causes of child labour in Nepal are identified as abject poverty and
financial Pressure, unemployment/underemployment, family disruption, lack of alternatives, inadequacy of education system, inadequate enforcement of legislation, abduction/deception and prevalence of public attitudes and values which tolerate and
sometimes condone child labour.
6.1.4 Children work under highly adverse conditions: long hours in unhealthy environments, low wages, and hazardous conditions. They suffer from malnutrition and
various illnesses such as respiratory diseases, skin problems, headaches, diarrhoea. In
spite of this apparent direct connection between the diseases of the child labourers
and their working conditions, employers have made almost no efforts to improve the
situation.
6.1.5 The changed political environment in Nepal since the establishment of multiParty democracy in 1990 has created an opportunity to place children high on the
national agenda. Policy makers, especially those from the Ministries of Labour, Education, Culture and Social Welfare, and Health, have on several occasions expressed
their serious concern about the situation of children in general and the problem of
child labour in particular. A testimony to this concern and the Government's aspirations is the ratification of the United Nations Convention on the Rights of the Child.
At the global level, the government has endorsed the World Declaration on the Sur-
vival, Protection and Development of children and has promised to "work for special
protection of the working child and for the abolition of illegal child labour". At the
regional level the government has endorsed the Colombo resolution of the SAARC
ministerial meeting, which confirmed its commitment to work towards "eliminating
child labour in a progressive and accelerated manner,,.
48
At the national level, the Constitution formulated in
L990 prohibits employment of
children in factories, mines or any other hazardous occupations. A Task Force on the
Elimination of Child Labour has been established under the leadership of the National
Planning Commission. This Task Force, consisting of representatives from different
Ministries, industries, NGOs and UN agencies concerned, is to formulate policies to
work towards eliminating child labour in a progressive and accelerated manner.
The government has also enacted two pieces of legislation; the Labour Act 199L and
the Children's Act 1992. The Labour Act prohibits the engagement of children below
14 years in enterprises. The Children's Act defines a child to be below L6 years of age'
It prohibits employment of children below L4 years in any work as a labourer and
regulates the conditions of work of children who have attained the age of 14 years.
The task for the Government now is to ensure that these obligations are translated
into practice despite difficulties.
5.2 Recommendations
Although the prevailing socio-economic conditions in Nepal are such that child labour
will continue to be a reality for some time to come, every effort must be made to (a)
eliminate child labour in hazardous processes and occupations and under abusive
conditions; and (b) regulate and improve the conditions of work and life through
appropriate interventions in other areas. The ultimate goal should be to eradicate
child labour completely.
The elimination of child labour cannot wait for the elimination of Poverty. In view of
the complexity of the problem, it must be dealt with by the society as a whole. The
interventions must be part of a comprehensive approach which would address those
factors which are contributing to the present crisis. Among the most serious obstacles
to the development of programmes for child labour eradication are seen to be (a) the
absence of reliable data and information on working children, (b) deficiency in the
capacity to formulate policy and programrne, (c) lack of institutional mechanisms to
iniegrate child labour policy and action and (d) general lack of awareness and public
advocacy at various levels.
Therefore, four principal areas suggested for action are as follows:
(i) Formulation of appropriate policies and programmes by governmental and nongovernmental organisations
(ii) Review of legislation and enforcement machinery
(iii) Programmes for direct intervention with child workers
(iv)Awareness raising and community mobilization
i.
Formulation of appropriate policies and programmes by governmental and nongovernmental organisations
(a) Assessment of child labour situation
Information on child labour in Nepal though voluminous is not comprehensive and
integrated. Besides, much of the quantitative information is not reliable. It is necessary to have reliable qualitative and quantitative information on various asPects of the
problem in order to formulate an effective strategy and Programmes to deal with it.
Without good quality information, awareness raising campaigns will lack credibility
and fail to motivate the public or policy makers to etc. It will also not be possible to
make a systematic plan and commit resources in terms of men and money to make an
effective impact. Finally it is imperative that the limited resources available are di-
rected towards the most abusive and exploitative forms of child labour. Without
ProPer research, efforts are likely to be directed towards the most visible rather than
the most harmful forms of child labour. A high priority, therefore, needs to be given
to a nationwide quantitative survey of child labour and an assessment of the situation
of child labour where it is the most harmful for children.
(b) Poaerty Alleaiation and Agrarian Reforms
The govemment should introduce agrarian reforms to combat the landlessness and
unemployment which lead to child labour. Problem of urban migration, and relieving
of all bonded labourers and Kamaiyas of their debts and bondedness should also
receive top priority in the government action agenda.
Whilst an important cause of child labour is poverty, child labour is also an important
cause of poverty. Thus, addressing the needs of the child could be the key to ensuring
economic wellbeing at the household level and significant reduction in poverty.
(c) Enforcing the child's right to education
Effective implementation of child labour laws is closely linked with universal primary
education. The government should fully implement its policy on free primary education for all children and establish an appropriate mechanism to oversee child rights as
listed in the llN Convention on the Rights of the Child.
The curriculum should take into account the need for children to leave school with
vocational skills or orientation at several exit points, for example, after completing
lower secondary education, that is, class eight and secondary education, that is, class
ten.
Day care centres should be established in rural areas so that children can be freed
from taking care of their small sisters and brothers. Pre-primary education at Day
Care Centres will also lead to the admission of children to primary schools. Other
facilities such as water sources closer to home and smokeless stoves, if provided, could
contribute to the reduction of household work for children and thereby act as incentives to education.
Furthermore, efforts should also be made to provide for and ensure the inter-related
cluster of nutrition and health rights together with education.
for alternative non-formal education opportunities for children, appropriate
and flexible to the life needs of the children should be established with entry and exit
options between the formal and informal education systems.
Schemes
(d) Networking and coordination with different agencies including the legal machinery of the government should be established in order to publicize the existing laws
against discriminatory and oppressive socio-cultural practices against girls and women
and undertake advocacy for stricter enforcement of the laws. A national progranune
of action against child labour should aim at reaching and involving:
r Children
r
r
r
r
Communities
Employers' and workers' organization
Non-governmental organizations
Government in general and those agencies directly concerned with the welfare of
children in particular
(e) Strengthening of Media: The media should be encouraged to investigate and report
on how laws against the economic and sexual exploitation of children are flouted. It
should also regularly campaign for child rights, and monitor international progress on
child rights related issues.
ii. Review of legislation and
enforcement machinery
The present legislative measures are not only inadequate but have not been fully
enforced due to constraints of resources and staff and to some extent, a lack of public
commitment.
The conclusions and recorunendations in regard to improvements in the law concerning child labour and its enforcement are given in paragraph 3.10 above.
iii.
Programmes on direct Intervention
with Child Workers
Based on a comprehensive assessment of the child labour situation in the country, the
areas of priority for action should be identified. The criteria should be the severity of
conditions of work and service and the vulnerability of the children. The objectives
should be to minimise exploitation and progressively to remove the children from
work - higher priority being given to work which is more hazardous or abusive while at the same time providing for a suitable education and vocational orientation
for the children. Attention may also be given to the areas where on account of better
awareness and organisation, immediate results can be attained, in order to demonstrate that child labour can be eliminated and the physical and mental growth of
children ensured through coordinated action.
The present study points to the urgent need of action in (a) carpet industry, (b) brick
making, (c) construction activities (breaking boulders, road making etc.), (d) tea industry, and in the service sector (e) hotels and restaurants, (f) rag picking and (g) domestic service. Certain areas characterised by extremely abusive conditions are bonded
labour in agriculture, various industries and domestic service as well as girl prostifution. Concerted action by various Ministries of the government and social SrouPS are
required to stamp out the evil practices.
Whilst efforts should be made to eliminate child labour progressively, during the
transitional period certain supportive activities need to be carried out to ease and
facilitate the situation of the working children and "minors" and protect them from
exploitation and abuse.
r
r
Non-formal education progralrunes,
r
Counselling and improvement in labour management relations, shorter working
hours, strict enforcement of existing laws relating to rest pause during work, leave
and vacation time,
r
r
Advocacy and awareness creation through media for the rights of children,
Implementation of health and safety measures in both formal and informal sectors, medical check ups, immunization Progranunes,
Exemplary punishment to those who physically abuse or sexually exploit the child,*
Registration and wage regulations for domestic workers.
Rehabilitation of child labourers is a complex affair. There has been a growing
tendency among child labourers, particularly among the street children, to become
addicted to drugs, drinking and smoking and stealing. Rehabilitating these children
and child prostitutes require intensive professional counselling and community based
Programmes to be launched. Foster homes should also be arranged for their physical
and physiological development. Apprenticeship opportunities, pre-vocational training
centres, contact centres, and transit centres need to be established to provide a possible alternative, a temporary "safe" place to shelter the children and prevent them
from returning to the abusive situations.
iv. Community mobilization and public awareness: The campaign against child
labour cannot be won by government action alone. It requires the support and
involvement of society at large. Though poverty is the root cause of the problem, the
persistence of child labour and the inefficacy of legal measures are also in the small
measure due to the prevalence of public attitudes and values which tolerate and
sometimes condone child labour. In part, this is the result of ignorance and lack of
awareness of the ill-effects of early work employment on the health and development
of children and its negative impact on their education. A major task then is the
development of a community mobilization strategy which can complement the implementation of policies concerning education and the employment of children.
Facilitating Action at the Family and Community Leael:
Productive employment opportunities for the low income households need to be expanded so that the able adults within the household can be gainfully employed, and
the income earning burden on the child removed. Working directly with the families
of the children at risk within their own community can prevent family disintegration
and bring about attitudinal changes in their attitude and behaviour towards the child.
Voluntary and professional organisations should also carry out conscientisation of the
community against child labour.
The establishment of a decentralised Cornmunity Surveillance System which will monitor child exploitation both at rural and urban levels is recommended. The surveillance
committee may consist of volunteers from the community itself, preferably girl students of the secondary level in the problem-infested areas, who will be trained to keep
vigil over child labour, trafficking and prostitution, local youth, elders, teachers and
social workers. Each group will operate independently with the obligation to report to
and cooperate with the District Children Boards at the local level, and the Institute of
Legal Research and Resource (ILRR) at the central level. It should also work in close
coordination with voluntary organisation agencies, activists etc.
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