Towards a Brighter Future for Children

Transcription

Development cooperation between Norway and Nepal
Nepal is one of 12 focus countries in Norwegian development cooperation. In these
countries, Norway supports efforts to promote long-term poverty reduction, democracy
and human rights.
Norway seeks to contribute to social and economic development in Nepal through our
political dialogue and development cooperation. Norway and Nepal have agreed to three
key areas of development cooperation: (1) energy, (2) education, and (3) democracy
and inclusive governance for 2013-2017. Throughout all three key areas of cooperation,
Norway promotes gender equality, human rights, sound environmental management
and economic transparency.
Towards a Brighter
Future for Children
A Situation Analysis of
Child Rights in Nepal
The Norwegian Embassy strives to promote transparency and include anti-corruption
measures in all our development work. As part of this effort, we publish the contracts
and agreements of the projects we support on our website.
Visit our website and follow us on social media for more information about NorwayNepal relations.
For feedback on the Norwegian development cooperation in Nepal, please send an e-mail.
Contact information
Royal Norwegian Embassy in Kathmandu:
Tel: (+977) 1-5545307
Fax: (+977) 1-5545226
Postal address: P.O.Box 20765 Kathmandu, Nepal
Office address: Surya Court, Pulchowk, Lalitpur
E-mail: [email protected]
Web: www.norway.org.np
Twitter: www.twitter.com/NorwayinNepal
Facebook: www.facebook.com/NorwayinNepal
Gauri Pradhan Indu Tuladhar Sanjog Thakuri
Towards a Brighter
Future for Children
April 2015
Study Team
Gauri Pradhan, Human Rights Expert
Indu Tuladhar, Gender Expert
Sanjog Thakuri, Child Rights Advocate
A Situation Analysis of Child Rights in Nepal
© Authors
All rights reserved. No part of this publication may be reproduced, stored
in a retrieval system, or transmitted in any form or by any means, digital,
mechanical, or electronic without the prior permission of the Publisher.
2015
Published by:
Royal Norwegian Embassy in Kathmandu, Nepal
Authors:
Gauri Pradhan
Indu Tuladhar
Sanjog Thakuri
Disclaimer
The interpretations, findings and conclusions expressed in this report
are entirely those of the authors and should not be attributed to Royal
Norwegian Embassy in Nepal.
Design & Production by: Ultimate Marketing (P.) Ltd
+977-1-4352223/4385610 | [email protected]
Acronyms
ADB:
AIDS:
AIN:
AUSAID:
CAAFAG:
CBO:
CBR:
CBS:
CCD:
CCWB:
CDO:
CFLG:
Consortium:
CPA:
CPC:
CPP:
CR:
CRC:
CRO:
CRPD:
CSO:
CWD:
CWIN:
CWISH:
CZOPP:
DACAW:
DANIDA:
DAO:
DCPC:
DCWB:
DDC:
DFID:
DPs:
DWCO:
EFA:
EU:
FGD:
GCE:
GMACL:
GoN:
HIV:
HR:
ICCPR:
ICESCR:
ILO:
IMR:
INGO:
Asian Development Bank
Acquired Immune Deficiency Syndrome
Association of International NGOs in Nepal
Australian Aid
Children Associated with Armed Forces and Armed Groups
Community Based Organization
Community Based Rehabilitation
Central Bureau of Statistics
Centre for Constitution Dialogue
Central Child Welfare Board
Chief District Officer
Child Friendly Local Governance
Consortium of Organizations working for Child Participation
Comprehensive Peace Accord, 2006
Child Protection Committee
Child Protection Policy
Child Rights
Convention on the Rights of the Child, 1989
Child Rights Officer
Convention on the Rights of People with Disability
Civil Society Organization
Children with Disability
Child Workers in Nepal
Children and Women in Social Work and Human Rights
Children as Zone of Peace and Protection
Decentralized Action for Children and Women
Danish International Development Cooperation’s
District Administrative Office
District Child Protection Committee
District Child Welfare Committee
District Development Committee
Department for International Development, UK
Development Partners
District Women and Children Office
Education for All
European Union
Focus Group Discussion
Global Campaign for Education
Global march against Child Labour
Government of Nepal
Human Immuno-Deficiency Virus
Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic Social and Cultural Rights
International Labor Organization
Infant Mortality Rate
International Non Governmental Organization
IPEC:
JICA:
JJCC:
LBs
LGCDP:
MDG:
MMR:
MoE:
MoFALD:
MoHA:
MoHP:
MoLY:
MoWCSW:
NGO:
NHRC:
NHRI:
NPA:
NPC:
NWC:
OPAC:
OPSC:
PAF:
PWD:
RNE:
SC:
SDG:
SSRP
SWOT:
TDH:
U5R:
UDHR:
UK:
UN:
UNCRC:
UNDP:
UNICEF:
UPR:
USAID
V-CFLG:
VCPC:
VDC:
VMLRs:
WB:
WCF:
WCO:
WCSC:
WDO:
WHO:
WFP:
WVIN:
International Programme on the Elimination of Child Labour
Japan International Cooperation Agency
Justice Sector Coordination Committee
Local Bodies
Local Government and Community Development Programme
Millennium Development Goals
Maternity Mortality Rate
Ministry of Education
Ministry of Federal Affairs and Local Development
Ministry of Home Affairs
Ministry of Health and Population
Ministry of Labor and Employment
Ministry of Women Children and Social Welfare
Non Governmental Organization
National Human Rights Commission
National Human Rights Institutions
National Plan of Action
National Planning Commission
National Women’s Commission
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in
Armed Conflict, 2000
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution
and Child Pornography, 2000
Poverty Alleviation Fund
People with Disability
Royal Norwegian Embassy
Save the Children
Sustainable Development Goals
School Sector Reform Programme
Strength Weakness Opportunities Threats
Terre des Hommes
Under 5 Mortality Rate
Universal Declaration of Human Rights, 1948
United Kingdom
United Nations
United Nations Convention on the Rights of the Child, 1989
United Nations Development Programme
United Nations Children’s Fund
Universal Periodic Review
United States Agency for International Development
Village Child Friendly Local Governance
Village Child Protection Committee
Village Development Committee
Verified Minors and Late Recruits
World Bank
Ward Citizen Forum
Women and Children Office
Women and Children Service Centre
Women Development Officer
World Health Organization
World Food Programme
World Vision International Nepal
Contents
Acronyms:
Executive Summary
1-2
Chapter 1
1.1
1.2
1.3
1.4
Introduction
Background Information
Objectives of the Study
Study Approach
Adopted Methods and Tools
3-5
3
3
4
4
Chapter 2
2.1
2.2
2.3
2.4
2.5
Emergence of Child Rights and Nepal’s Legal Framework
Historical background
Advent of child rights and State’s Accountability on Child Rights
Nepal’s Legal Framework on Addressing Child Rights
The existing Child Rights System in Nepal
SWOT Summary of the Child Rights and Key gaps
in legal frameworks in-line with international frameworks
SWOT Summary of the Child Rights and Key Gaps in Legal Frameworks
and its implementation in-line with International Frameworks
2.6
7-19
7
7
9
11
14
15
Chapter 3
3.1
3.2
3.3
3.4
Situation of Child Rights: Improving but challenging
Progress towards Achieving MDGs and Child Rights
Promotion of Child Participation
Discrimination of Children and Action against Social Exclusion
Situation of Children at Risk
21-28
21
23
23
24
Chapter 4
4.1
4.2
4.3
4.4
4.5
An Assessment of the Child Protection System in Nepal
An Existing Scenario of the National Child Rights System in Nepal
Child Protection System in Nepal
Monitoring of Child Rights: Role of NHRC and CCWB
Role of International Co-operation on Child Rights
Some inspiring practices of child protection system
29-37
29
30
32
34
35
Chapter 5
Recommendations and Conclusions
39-42
References
43-44
Annexes
Annex A:
Evolution of Children’s Rights in Nepal1
Annex B:
Some National Laws on Child Rights and Child Protection in Nepal
Page 47
Annex C:
Child Protection Indicators in Nepal
Page 48
Annex D:
Child Rights Budget Tracking of Co-operation
Page 51
Annex E:
Major Bi-lateral Donor Partners Supporting for Child Rights Programmes
Page 57
Annex F:
UNICEF and Major INGOs Supporting for Child Rights Programmes
Page 61
Annex G:
Check list for interview and interaction
Page 65
Annex H:
List of Participants of Consultation, Interview and Focus Group
Page 67
1
Dahal Bhola Prasad, CHILD PARTICIPATION IN SCHOOLS OF NEPAL: ROLE AND CONTRIBUTION OF CHILD CLUBS, A Thesis
Submitted to School of Education in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Education,
Kathmandu University Dhulikhel, Nepal, January 2014
45-70
Page 45
1
Executive Summary
The report entitled “Towards a Brighter Future for
Children: a situation analysis of child rights in Nepal, 2015”
is prepared by a study team for the Royal Norwegian
Embassy in Kathmandu, Nepal. This provides an analysis of
the realities and challenges of child rights implementation
and perspectives for future development and collaboration.
As per the terms of references, this study has mapped out
and assessed the evolution of child rights, current situation
of the state of child rights and the ongoing development
interventions in Nepal from the child rights perspectives.
This report has also assessed progress in children’s
sector and has tried to identify gaps and challenges for
the implementation of child rights. Likewise, this report
has also critically reviewed the roles and responsibilities
of state mechanisms responsible for the promotion and
protection of the rights of the child.
During the study, relevant documents, including national
and international instruments, national plans of actions,
policies, guidelines and various review and evaluation
reports published by government, UN Agencies and NGOs
on the rights of the child, were reviewed and analysed. The
team carried out various levels of consultations, in-depth
interviews and focus groups discussions with different
stakeholders from the Government of Nepal including
the line ministries, National Planning Commission (NPC),
donor partner organizations, NHRC, CCWB, I/NGOs
and their networks. A focus group discussion was also
organised among the representatives of the children’s club,
which was hosted by the Consortium of the Organisations
Working for Child Participation.
This report is divided into the five different chapters.
Chapter 1 of the report is introduction, which gives
information about the background, objectives and approach
of the study. Chapter 2 is about Legal Framework and
Child Rights System which deals with the emergence of
child rights and Nepal’s legal frameworks, key gaps in legal
frameworks and summary of the SWOT analysis. Chapter
3 discusses the situation of the child rights in general
but focused on children at risk in particular. This chapter
analyzes the prevailing roles of different stakeholders
including government, NHRC, CCWB, CSOs/NGOs and
donors in order to improve the status of children. Chapter
4 assesses the existing child protection system, examines
its pros and cons, and discusses the expected roles of
different stakeholders for child protection, especially
protection of children at risk. Finally, Chapter 5 focuses on
recommendations and conclusions. The recommendations
regarding the promotion and protection of child rights in
future are made for the government, CSOs/NGOs and the
donor partners.
This report takes note of the fact that Nepal has made
reasonable progress in the area of child rights in the last 25
years despite serious political upheavals, lack of adequate
resources and absence of state authority in many parts
of the country during the decade-long armed conflict, i.e.
1996-2006. As per the spirit of the UN Convention on the
Rights of the Child (UNCRC), the Government of Nepal
has established different national laws and mechanisms
and implemented national plans of actions for children.
As per the MDG Progress Report (NPC & UNDP, 2013),
Nepal has met most of child rights related Millennium
Development Goals in time, especially improvement in
education enrollment, gender parity and reduction of
under-five mortality rate of children. However, equitable
and quality education, reduction in school drop-outs,
quality health services, child protection issues like sexual
and physical abuse and exploitation of children, child labour
2
and children at risk, and access to justice and fair trial in
the case of violation of child rights pose big challenges
in achieving the desired results to protect and promote
child rights. The Government of Nepal has recently
introduced Child-Friendly Local Governance Strategy
and Operational Guidelines, 2011 and national children’s
policy in 2012 to mainstream child rights into agencies and
programmes. Government is also trying to establish and
strengthen the child protection mechanism from the VDC
level to the national level with the co-operation from UN
Agencies, INGOs/NGOs, Community Based Organizations
(CBOs) and children’s groups and clubs at a local level.
However, weak infrastructure and mechanism for children
at village and municipality level and in-effectiveness of
national instruments and mechanisms and fragmented
and projectised approaches of development agencies
remain the biggest challenges for translating the state’s
commitments to child rights into a reality.
This report also recognises some inspiring practices
undertaken jointly by various governmental and nongovernmental organizations to promote and protect the
rights of child. Learning from various practical experiences,
the report suggests that instead of devoting so many
programmes for children, the government needs to
focus more concretely on equitable, relevant and quality
education, accessible and quality health services, ending
the consequences of poverty on children, and making
functional integrated child protection system to address
the issues and concerns of child rights from community
to national level. This report has suggested a 10-point
recommendations consisting of compulsory birth, death
and marriage registration for vital statistics; quality,
inclusive and meaningful education for children; enhancing
child friendly governance and mainstreaming of child rights;
enhancing inter-agency co-operation and collaboration
(among government agencies, between government and
NGOs/INGOs, UN Agencies and partners of international
development co-operation); adopting comprehensive Child
Rights Act and improving Nepal’s legal framework with
positive standards in line with international commitment;
strengthening justice for children and effectiveness of
law enforcing agencies; promoting gender sensitivity and
empowerment of girls; increasing investment on children;
and establishing system approach to institutionalize child
rights in the country.
3
Chapter I
Introduction
1.1 Background Information
Nepal has made headway in recognising rights of the child,
developing legal framework, establishing institutional
mechanisms, and formulating appropriate national plans
and policies on child rights. Despite many socio-economic
and political challenges, Nepal has made considerable
progress in child health and child education sectors as per
the indicators set by Millenium Development Goals (MDGs).
However, in reality, many critical issues and challenges
hinder the state’s obligation to fully honor, protect and
fulfill the rights of the child.
Norway is a committed long-term development partner
to Nepal. The key areas of cooperation are education,
good governance and renewable energy. Norway’s main
contribution to Nepal’s education sector is through the
School Sector Reform Programme (SSRP) which aims to
promote social equity and poverty reduction.2 Norway is
one of those main donor partner countries that have been
supporting Nepal in the area of the child rights since it
signed and ratified the UN Convention on the Rights of the
Child (UN CRC) in 1990. The Norwegian collaboration with
government and non-governmental organizations (NGOs)
has been focused on constructing the national instruments
and mainstreaming child rights and child protection
issues into local government system since 1998. Norway’s
cooperation in promoting and protecting child rights
was present even during the period of armed conflict
in 1996-2005 and afterwards. In Nepal, the Norwegian
Embassy is one of the contributors to the Child Friendly
Local Governance (CFLG) Programme implemented by
UNICEF and MoFALD aligned with the Local Governance
Community Development Programme (LGCDP).3
In spite of this, Nepal is faced with both challenges and
immense opportunities with regards to implementing
the UNCRC in a domestic context. In this pretext, the
Embassy of Norway in Nepal has commissioned a study of
child rights situation in Nepal to assess and map out the
current legal instruments, mechanisms, and interventions
to ensure child protection and development from local to
national level.
1.2 Objectives of the Study
This study is carried out by a team of independent
consultants including a team leader and two members
who have extensive experience and expertise in the area
of child rights. The objectives of the study are as follows:

2
3
To map out and assess the current situation of children
and ongoing development interventions in Nepal from
child rights perspectives;
To update on who is doing what in children’s welfare
sector and to identify gaps and challenges for child
rights realization;
To identify good practices of the child protection
mechanism and systems from government, donors
and CSOs which can be scaled up; and
To recommend possible prioritized interventions
areas (short, medium and long term) and to identify
potential donor partners in child rights sector.
http://www.norway.org.np/Norway_and_Nepal/Development-Cooperation/
Long-term-development-partner/#.VMnKztKUdLc
http://www.norway.org.np/Norway_and_Nepal/News_and_events/Olderarticles/Securing-Childrens-Rights-in- urban-areas/#.VMnMitKUdLc
4
The study on various aspects of child rights situation in
Nepal was carried out by exploring the following specific
areas based on the ToR given to the study team:
Socio-economic and political analysis of children and
child rights situation
Desk review of relevant child rights agencies, legislative
framework, policies and strategies as well as periodic
plans and national plan of action on children,
Consultative meetings with relevant stakeholders
on child rights and child protection issues including
children and their representatives,
Review of ongoing child rights interventions from
various actors and documents of good practices and
learning from them; and
Recommendations for prioritized intervention on
child rights sector by government, non-governmental
actors and donors.
1.3 Study Approach
The nature of the study encompasses the requirements of
multi-dimensional information that could not be generated
only through paying attention to one single method; thus
the adoption of a multi-method approach comprising both
qualitative and quantitative assessments using primary
and secondary sources to accomplish the objectives and
to address the issues mentioned within the scope of the
study. The approach facilitated to develop more clarity,
establish priorities, develop functional relationship, and
inform the way forward.
1.4 Adopted Methods /Tools
The following standard methods were used for the study:
1.4.1
Desk review
1.4.2
Key Informant interviews with stakeholders
1.4.3
Focus group consultations
1.4.4
SWOT Analysis
1.4.5
Observations
4
A SWOT analysis (alternatively SWOT matrix) is a structured planning method used
to evaluate the strengths, weaknesses, opportunities and threats involved in a
project or in a business venture.( http://en.wikipedia.org/wiki/SWOT_analysis)
1.4.1 Desk Review
The study team has conducted a desk review that includes:
Legal framework on child rights including Supreme
Court’s decisions that include constitution, legislative
majors, national plans of action, policies, guidelines,
new proposed bills etc.
MDG targets and achievements.
Government’s periodic reports on CRC and other
relevant protocols such as OPAC including the
concluding remarks of UN-UPR and Child Rights
Committee to the government of Nepal etc.
Government program interventions National Plan of
Action on Children (2005-2014), National Child Policy
on Children, CFLG National Strategy (2011), Master
Plans on Child Labour (2004-2014) etc.
Various reports related to child rights situation
conducted
by
different
governmental,
nongovernmental and UN agencies.
Child rights institutional mechanisms of the
government.
Various research studies on child rights, child
protection, child participation and so on conducted by
different agencies and scholars.
Various advocacy and campaign materials to promote
and protect child rights.
1.4.2 Key Informant Interviews with stakeholders
The study emphasized on collecting relevant data/
information from key informants and conducted interview
with professionals and child rights experts.
In-depth Expert interview:
Conducted in-depth interview with Ms. Mohana Anasari,
Hon. Member of NHRC, Bimala Rai Poudel, Hon. Member
of NPC, Mr. Tarak Dhital, Executive Director of CCWB, Dr.
Kiran Rupakheti, Under Secretary of Child Rights Unit,
MoWCSW, Mr. Dilli Gurangai, Senior Specialist – Child
Rights Governance and Protection of Save the Children, Mr.
Milan Dharel, Associate Professor of Kathmandu School of
Law, and Ms. Sumnima Tuladhar, Executive Co-ordinator
of CWIN, to get primary source of information for the study.
1.4.3 Focus group discussions and consultation
meetings
Organized various levels of stakeholder meetings to get an
insight into the child rights situations in Nepal: consultations
were conducted both in individual and institutional level.
Before conducting such meetings, the team developed
a basic checklist (refer Annex G- for checklist details); in
other words, created a framework which questions various
stakeholders and requires information concentrating on
various child rights issues and concerns.
In order to get relevant and useful information and data,
stakeholder meetings were commenced under different
groups (refer Annex H for the list of consultation participants,
in-depth interview and focus group discussion):
Group A: Government Officials
Group B: INGOs/NGOs
Group C: Donors and UN Agencies
Group D: Representatives of Children
5
With the coordination of CONSORTIUM Nepal, the common
platform of organizations working for the promotion of
child participation, a consultation with representatives of
Children’s Clubs was carried out.
1.4.4 SWOT Analysis
In order to get a true picture of the situation and the
problems faced by concerned organizations dealing with
the rights of the child, a SWOT analysis was undertaken
with the representatives of the government, I/NGOs,
NHRC and CCWB and representatives of the Children’s
Club.
1.4.5 Observation
The study team members had ample opportunity to
conduct the first hand observation of the situation that
complements the information gathered from other
sources.
7
Chapter 2
Legal Framework and
Child Rights System
2.1 Historical Background
The concept of child rights goes back to the beginning of
the 20th century when, in 1924, the League of Nations
adopted the Geneva Declaration on the Rights of the Child.
This was the first time when the existence of rights specific
to children was recognized and affirmed by the international
community. The international legal framework on the rights
of the child continued to develop with the establishment
of the United Nations in 1945. The Universal Declaration of
Human Rights (UDHR) of 1948 recognizes that childhood
is entitled to special care and assistance. The UN General
Assembly Declaration on the Rights of the Child, 1959,
encompasses a much wider perspective on children’s rights
including the right to freedom from discrimination, the
right to a name and a nationality and the right to education,
health care and special protection. However, these rights
were proclaimed in ‘declarations,’ which created moral but
no legal obligation on States. The UN Convention on the
Rights of the Child (UNCRC) adopted by the UN General
Assembly in 1989 is the first comprehensive and legally
binding treaty on the rights of the child. The Convention
reflects the principles of indivisibility, interdependence and
interrelatedness of rights by embracing all civil, political,
economic, social, and cultural rights.
The World Summit for Children in 1990 was one of the
biggest milestones on the rights of the child, which adopted
the Plan of Action for Implementing the World Declaration
on Survival and Protection and Goals for Children and
Development in the 1990s. The Optional Protocol of the
CRC on the Involvement of Children in Armed Conflict
(OPAC) and the Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography (OPSC)5 have
also contributed in order to raise public awareness and
state obligations in order to protect children from different
types of harms like sale, prostitution and pornography
as well as use of children in the armed conflict. Likewise,
the UN General Assembly Special Session on Children
(UNGASS) held on from 8 to 10 May 2002 in New York,
USA was another landmark event at which the nations of
the world committed themselves to a series of goals to
improve the situation of children and young people in a
systematic way.
2.2 Advent of Child Rights and State’s
Accountability
Before the restoration of the multi-party democracy in
1990, Nepal was ruled by the absolute monarchy under
the party-less Panchayat system. Until 1990 (Refer to
the Annex A: Evolution of Children’s Rights in Nepal),
there was no comprehensive national legal framework for
addressing rights of children apart from some childrenrelated provisions scattered in the National Code, 1963
(Muluki Ain, 2020), such as provisions related to sexual
5
Adopted and opened for signature, ratification and accession by General
Assembly resolution A/RES/54/263 of 25 May 2000entered into force on 18
January 2002
8
violence, marriage, adoption, family, child custody, etc. The
National Code considered children as a subject of welfare
who lack the capacity to fully understand their rights. The
Interim Government formed after the political transition
signed on a number of human rights treaties including
the UNCRC on September 2, 1990. After the ratification
of the UNCRC, the government of Nepal took several
measures to give effect to the Convention in the national
context. Nepal actively participated in the “World Summit
for Children, 1990” and it also developed “National Plans of
Action for Children for 1990s”. The decade of 1990s was
an instrumental period for the rights of children in Nepal.
A number of national instruments including Children’s Act
(1992), Children’s Regulations (1995), The Child Labour
(Prohibition and Regularisation) Act (1999), National Plan
of Action on Children (2004/05-2014/15), and other plans
of action related to child labour, and trafficking in children
were formulated during the period. The Plan of Action
ensures that children are given special attention in the
national agenda. The programme covers different aspects
related to child development such as nutrition, health,
education, children in especially difficult circumstances,
poverty alleviation, food security and communications (the
goals for children and development in the 1990s).6
Some milestones achieved in implementation of the
Convention are: Enactment of Children’s Act and
Regulations (refer to Annex B: Some National Laws on
Child Rights and Child Protection), establishment of
the CCWB and DCWBs, development of National Plan
of Action for Children, establishment of the Ministry
of Women, Children and Social Welfare, elaboration
of Juvenile Justice Procedural Regulations, adoption
of Child Friendly Local Governance Strategy and
State Obligation Child Rights
Respect
Protect
Fulfill
6
The state must ensure
people realising their
human rights.
Respect the Rule of Law
Prevent all forms of Child Violence
Promote cultural of Human Rights
Ensure the best interest of children everywhere
Facilitate State Service for Human Rights
The state must Protect
people’s rights.
Maintain Law and Order and Peace
Maintain Law and Order in Society
Protect Victims and Witnesses
Provide Relief Compensation and Reparation
Bring the Perpetrators into Justice
The state must build
enabling environment
to ensure people’s
rights.
Sign and Ratify International Conventions
Domesticate the Ratified Conventions
Formulate Necessary Instruments
Establish and Strengthen Necessary Mechanisms
Strengthen Inter-Agency Co-operation
Nepal 10/05/95, Committee on the Rights of the Child Consideration of Reports submitted by States
Parties under Article 44 of the Convention on the Rights of the Child
9
Procedural Guidelines and National Children’s Policy,
etc. In addition, establishment of NHRC (National
Human Rights Commission) and other National Human
Rights Institutions (NHRIs) such as National Women’s
Commission, National Information Commission and
National Dalit Commission has also contributed in
promotion and protection of human rights and child
rights. Civil society engagement in child rights issues
is quite promising with the involvement of child rights
NGOs as well as their networks. They played a significant
role in building social awareness, advocacy, awareness
campaign, and social mobilization in support of the
rights of the child. The concept of children as citizens,
as legitimate rights holders and as agents of change
is gradually becoming established in the country. Even
though the concept of child development planning
started from the seventh five-year plan (1985-1990),
issues of child rights were incorporated into national
policies and planning mechanisms only after the “dawn
of democracy” and the ratification of the UNCRC in 1990.
2.3 Nepal’s Legal Framework on Addressing
Child Rights
As part of the state obligation to CRC, Nepal has already
submitted its initial and 2nd,3rd, 4th and 5th follow-up
reports to the CRC Committee. The process of writing and
submitting CRC reports and concluding observations and
recommendations of the CRC Committee to the state is
a worthwhile exercise in favour of child rights. Through
this process, Nepal has gained a fair amount of knowledge
about fulfilling state’s obligation to the rights of the child.
In comparison with other human rights, child rights have
been given less priority by Nepalese legal framework:
constitution, legislative majors, policy, directives and
national plans of action in the history of the state’s
democratization process (CZOPP & Consortium-Nepal,
June 2014). Nepal’s democratic movement over the past
60 years has given birth to six different constitutions till
date. However, the first five constitutions did not recognize
child rights as fundamental rights.
When the CRC text was adopted in 1989, it did not create a
mechanism whereby children could contact the Committee
on the Rights of the Child with individual complaints. It is
fair to say that 25 years ago, children were not considered
capable of making such complaints at the international
level. The UN, after several years of negotiation among
Member States, adopted in December 2011 the (3rd)
Optional Protocol to the Convention on the Rights of the
Child on a communications procedure which paved the
way for children to make complaints to the Committee
on the Rights of the Child if they failed to get adequate
redress through domestic provisions.
Generally speaking, Nepal has adopted the common law
system. Nepal’s legal and regulatory system comprises of
legal framework (creates norms), law making structures
and law-enforcing structures. There are three major
law making branches existing in the country: legislative
parliament, judiciary and executive. Nepal currently has
a three-tier court system: District Court (trial court),
Appellate Court and Supreme Court. On the ground of
judicial interpretation, courts have no rights to go beyond
the established principle under the valid constitution of
the country. In common law system, executive branches of
the state (sectoral ministries) have a delegated authority
to make policies and regulations. The executive branches
of the government structure are empowered by primary
legislation to issue the regulations, rules or decrees and
formulate national plan of actions that are necessary to
implement primary legislation.
The Ministry of Women, Children and Social Welfare, which
was formed in 1995, is the focal ministry for children’s issues
and is responsible to develop policy framework and interministerial co-ordination on child rights. The Department
of Women and Children is the main implementing wing
of the ministry. Although the Department’s responsibility
was extended to children’s welfare four years ago, it is still
heavily focused on women’s issues, which it implements
through Women and Children’s Offices located in the
districts. The Central and District Child Welfare Boards
(CCWB/DCWB), statutory bodies created under the
10
Nepal’s Existing Legal Frameworks on Child Rights
Status of National
Laws and Policies that
address the Rights of
the Child
Children’s Act (1992), are the main government agencies
responsible for monitoring child rights implementation.
The CCWB, which consists of both government officials
and civil society representatives, has an overall mandate
of drafting national policies and plans to recommend to
the government and implementing government approved
policies and plans for the promotion of child rights. The
CCWB and DCWB play a coordinated role on children’s
issues at the national and district level.
The Children’s Act (1992) has a provision for Juvenile
Courts, children’s cases are to be reviewed by District
Courts. There is a provision in the Act for the setting
International
Instruments
UN CRC and Optional
Protocols
Constitutions
Interim Constitution
Article 22
Act
Children’s Act 1992
Child Labour Act 1999
Rules and
Regulations
Children’s Regulations
1995
National Policies
National Child Policy
2012
National Plans of
Action
National Plans for
Children
Guidelines, Manuals
Various Guidelines
issued by MoWCSW
up of Juvenile Benches in District Courts to adjudicate
children’s cases. In practice, no such juvenile courts were
ever established. Juvenile Justice Procedural Guidelines
were adopted in 2007 to further elaborate the process
of dealing with children’s cases. Child Friendly Local
Governance Strategy and Operational Procedures
(2012) are led by the Ministry of Federal Affairs and
Local Development (MoFALD). It provides for a Steering
Committee at the national level and Child Friendly
Local Governance Committees in districts and Village
Development Committees (VDCs). Likewise, in 2011, the
Ministry of Education issued a directive that promoted
Schools as “Zones of Peace” (SZOP).
The Interim Constitution of Nepal (2007) is another
milestone for children in terms of recognizing their rights.
It has recognized the right of a child as a fundamental
human right; the first time in Nepal’s constitutional history
(Refer to Annex A).
Additionally, Nepal has made significant progress in
advancing child rights by ensuring that rights of children
are provided for in Nepal’s legal framework, and ratification
of various other international instruments7 including the
following:
Optional Protocol on the Involvement of Children in
Armed Conflicts, 2000
The Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography, 2000
The ILO Convention on the Worst Forms of Child
Labour, 1999 (No. 182)
United Nations Convention against Transnational
Organized Crime, 2000, and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially
Women and Children, 2000.
Nepal is going through a political transition, most vividly
characterized by the constitution drafting process. Several
existing legislations are under review, which provides an
excellent opportunity to analyze and amend them using
a child rights approach. The exercise on the drafting of
civil and criminal codes and procedures codes is a case in
point. The government is drafting a new bill on children’s
rights to replace the existing Children’s Act (1992), which
will provide an avenue to set up institutional mechanisms
for promotion and protection of child rights from the
local (VDC) level to the national level. The said draft has
not yet materialized. Till date, the government of Nepal
has registered five bills: civil code, criminal code, civil
procedural code, criminal procedural code and sentencing
bill in legislative parliament in 2014, which are now before
the legislation committee for further parliamentary actions
for endorsement.
7
Nepal has ratified more than two dozens of mainstream human rights
conventions and treaties over the time (Ministry of Law, Justice, Constitution
Assembly and Parliamentary Affairs).
11
Article 22: Rights of Child (Interim
Constitution of Nepal, 2007)
(1) Every child shall have the right to his/her own
identity and name.
(2) Every child shall have the right to be nurtured, to
basic health and to social security.
(3) Every child shall have the right to protection against
physical, mental or any other forms of exploitation.
Any such act of exploitation shall be punishable by
law, and the child so treated shall be compensated in
a manner as determined by law.
(4) Helpless, orphan, mentally retarded, conϔlict victims,
displaced, vulnerable and street children shall have
the right to special privileges from the State to secure
their future.
(5) No minor shall be employed in factories, mines or in
any other such hazardous work, or shall be used in
the army, police or in conϔlicts.
2.4 The Existing Child Rights Mechanisms in
Nepal
On the national level, various mechanisms are in place
for policy making and dialogue, for law enforcement and
implementation of plans of action, and for monitoring
child protection in the country. This includes the three
branches of the government: executive, legislatureparliament and judiciary. To fulfill the state’s obligation
on the rights of the child, the government of Nepal has
adopted the policy of mainstreaming child rights into
the national development process. All the ministries,
departments and government offices are encouraged to
respond to child rights in their working areas. Likewise,
the Government has also established National Human
Rights Commission (NHRC) and other NHRIs like
National Women’s Commission, National Information
Commission and National Dalit Commission to
effectively monitor and follow-up with the child rights
situation and human rights challenges in general.
12
National Child Rights Mechanisms
Jurisdic on
Na onal Mechanisms
Other Na onal Agencies and Na onal
CSOs Networks
1.
Na onal policy bodies which formulate laws,
policies, guidelines and na onal plans of ac on
Execu ves, Legislature Parliament, and
Judiciary
Cons tu onal Bodies and Na onal Planning
Commission (NPC)
2.
Na onal Law Enforcing and Implementa on
Bodies
Office of the Prime Minister, Ministry
of Women, Children and Social Welfare
(MoWCSW), A roney General’s Office and
other Government Ministries.
Office of the A orney General, Nepal Police,
Armed Police, Nepali Army and other
na onal wings of the government and other
na onal level CSOs
3.
Na onal Monitoring Bodies
NHRC, NWC and Other NHRIs
CCWB, Child Lost and Found Co-ordina on
Centre (104), Child Help lines (1098) and
other na onal level CSOs.
Regional Child Rights Mechanisms (both formal and informal)
Subjects of works
Regional Mechanisms
Other Agencies
1.
Regional Law Enforcing and Implementa on Bodies
Appellate Court, A orney General’s Representa ves, Regional
Administrator, Nepal Police and Other Security Agencies
Regional level CSOs
2.
Regional Monitoring Bodies
NHRC Regional Offices
Regional level CSOs
District Child Rights Mechanisms (both formal & informal)
Subjects of Works
District Mechanisms
Other Agencies
1.
District Policy Bodies and Law Enforcing
and Implementa on Agencies
DDC, DAO, District Court, DCWB, District Police Office,
DWCO District Child Protec on Commi ee and Other
security agencies,
District level CSOs, NGOs and CBOs
2.
District Monitoring Bodies
Na onal Human Rights Commission’s monitoring in the
districts.
District level CSOs, NGOs and CBOs
Village Child Rights Mechanism (both formal and informal)
Subject of Works
Village Mechanisms
Other Agencies
1.
Village Law Enforcing and
Implementa on Bodies
VDC, Nepal Police, Social Mobilisers, Para-Legal,
Health Mobilisers, School, SMC
Village and Community level CSOs and Media on
Groups
2.
Village Monitoring Bodies
VCPC, SZOP Commi ee, CFS, Ward Ci zen’s
Forum,
Village level CSOs, Children’s Clubs, and other
Community Groups, etc.
A National Child Rights System
Government of Nepal
Office of Prime Minister and Council
of Ministry (OPM)
MOFALD
MoWCSW
Department
of Women’s
Development
Department
of Child
Development
Other Ministries
District Development
Committee (DDC)
Other
Relevant
Committee
and Task
Force in
National
Level
(CCWB)
District Child Welfare Board
(DCWB)
Village Development
Committee (VDC)
Muncipality
Community
Family
Child
School
Heathl Post
Poloce
Other
Relevant
Committee
and Task
Force in
District
Level
13
14
2.5 The Role of Different Agencies in Child
Rights
2.5.1 The Role of Government
The Ministry of Women, Children and Social Welfare
(MoWCSW) is the focal Ministry for coordination and
collaboration with other sectoral ministries at the central
level. Other sectoral ministries like MOFALD, Ministry of
Education, Ministry of Health and Population, Ministry of
Youth and Sports are also directly concerned with the
rights and development of children. Child rights is a crosscutting issue, therefore all ministries and departments of
the government are, in one way or other, related to the
advancement and protection of the rights of the child.
A number of other governmental offices, Child Rights
Officers (CROs), Women and Children Officers (WCOs),
Chief District Officers (CDOs), Nepal Police, Labour
Offices, Central Child Welfare Board (CCWB), District
Child Welfare Boards (DCWBs), Municipalities, and Village
Development Committees (VDCs) have also been assigned
with responsibilities to protect and promote child rights.
Even though these authorities are set out to accomplish
the same goal, there seems to be a gap in their coordination
efforts.
2.5.2 The Role of NHRC
The National Human Rights Commission (NHRC),
established in 2001, is a constitutional body with a broad
mandate of investigating alleged cases of rights violation,
including those of children. Children themselves can
lodge a complaint with the NHRC. It assigns one of its
members as a focal Commissioner for child rights. The
Interim Constitution of Nepal (2007) has upgraded
the statutory status of NHRC to constitutional.
Although NHRC has existed for nearly 15 years, it lacks
sufficient allocation of human and financial resources to
strengthen its monitoring of the implementation of the
Convention. NHRI’s independency was challenged by the
8
newly enacted National Human Rights Commission Act
(2012), which empowers the Attorney General to inform
the NHRC that a case cannot be initiated under Clause
(c) of Sub-Article (2) of Article 132 of the Constitution.
However, this provision is dismissed by the Supreme
Court decision so as to ensure the independence and
autonomy of NHRC. The Child Rights Desk at the NHRC
has now been named as CRC Focal Person. It does
not hold mandate to receive complaint on child rights
violation. There is no sufficient allocated budget to
work for the rights of children (CZOPP & CONSORTIUM,
Nepal 2014). According to Ms. Manju Khatiwada, the
programme officer responsible for child rights, there
are nearly 500 registered complaints on violation of the
rights of the child since NHRC’s inception. At present,
there are 40 cases undergoing investigation and there
are new cases for the fiscal year of 2014/2015.
2.5.3 The Role of CCWB
CCWB and DCWBs are the focal institutions that work for
the overall child rights and their development. Their main
role is to co-ordinate among the government agencies
and to bridge the gap between the governmental and
CSOs/NGOs activities. But these institutions are built
with weak legal foundation. Though they are categorized
as statutory bodies, the resources, human and financial,
allocated to CCWB, DCWB and the district based focal
offices are insufficient to carry out activities as required.
There has been no assessment of the organizational
capacity of the CCWB or DCWBs and no plan for human
resource development based on objective assessment to
develop better monitoring and evaluation system (NPA for
Children 2012).8 Hence, there is a dire need to review and
reassess the roles and functions of CCWB and DCWBs and
to clearly redefine the roles of co-ordinators, moderators,
monitors and resource centres in the forthcoming
amendment of Children’s Act (1992) or in its replacement
by a comprehensive Child Rights Act.
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal Council of
Ministers on 3 September 2012 and implemented 2004/05–2014/15
15
The Role of NHRC and CCWB in monitoring & supervision the rights of the child as per
the Laws and Regulations9
Child Rights Commission/ Commissioner
Monitoring of the implementa on of the CRC, the Na onal Plan of
Consider firmly individual complaints and pe ons and carry out
Ac on for Children, and child rights in general
Prepare and publish annual status report (in coordina on with the
Department of Children and DCWBs)
Coordina on across ministries and other concerned agencies to
ensure respect, protec on and fulfillment of child rights by the
government
Child impact assessment (any government policy (laws, regula ons,
policy, guidelines or budgetary alloca on) to be reviewed for its
possible impact on children
Child impact evalua on (evalua ng the actual impact of
inves ga ons
Conduct fact finding missions and inquiries on viola on of child rights as
per need
Make and publicise opinions, recommenda ons and reports
Review adequacy and effec veness of law and prac ce and report on
government’s implementa on and monitoring of the state of children’s
rights
Promote harmoniza on of na onal legisla on, regula ons and prac ces
with the UNCRC and other HR instruments
Encourage signing and ra fica on of relevant trea es on child rights
implementa on, e.g. of the NPA for Children)
Budget and Expenditure tracking (of key ministries on children) for
analysis the progress of child rights
Training and capacity building for all those involved in the
implementa on of child rights in collabora on with the
government training academies/ins tutes and concerned agencies.
2.5.4 The Role of CSOs/NGOs on Child Rights
CSOs/NGOs have played a vital role in Nepal with regards
to promoting child rights and protection of children at risk.
As a child rights advocate organization, CWIN10 was active
even before the adoption of CRC in 1989. Likewise UNICEF,
Save the Children, Plan International, World Vision and other
INGOs have also collaborated with the local level CSOs/
NGOs to strengthen the movement for the rights of the
child, including the promotion of child participation in the
country. These key players have made a major contribution
on child rights issues and they should be lauded for making
significant strides in advancing the rights of the nation’s
children. They have demonstrated strong, unwavering
commitments to raise voice on behalf of children and
Ini ate dialogue with the government, legislature parliament, other NHRIs
and Cons tu onal bodies and CSOs representa ves
Assist in the formula on of programs for the teaching of, research into
and integra on of children’s rights in the curricula of schools, universi es
and in professional arena.
to work for children’s benefit and empowerment. Their
contribution in the areas of policy advocacy and campaign,
social awareness, social mobilization and network building,
and undertaking services for children, especially for
children at risk, is worthwhile. However, some serious
concerns about the roles of CSOs/NGOs have been taken
note of during the study, especially regarding the lack of
co-ordination, sustainability and community ownership in
the programmes and less partnership and more donorsdriven attitude. In order to prevent such lapses and
to enhance co-ordination and networking among the
thematic child rights NGOs, there have been efforts to
establish and strengthen common platforms of NGOs like
CZOPP, Consortium, C-Net, NACRO, NCE, NCPA and so on.
9
NHRC Act, 2012 and Children’s Act 1992 and its Regulations 1995
10
Child Workers in Nepal Concerned Centre (CWIN) was established by a group of student activists at Tribhuvan University to protect children
living and working in conditions of risk and to recognize the child as an integral part of an adult dominated society. (http://www.cwin.org.np/
index.php?option=com_content&view=article&id=4&Itemid=18)
16
2.5.5 The Role of International Co-operation on Child
Rights
Adequate resources have not been mobilized to implement
different national plans of action (NPAs)11 formulated at
different occasions to promote and protect the rights of
children, but the support from the international community to
ensure the right to education and right to health and nutrition
of children has been steady. International co-operation has
played a significant role in dramatically reducing the IMR, U5R
and level of illiteracy among children below 10 years of age. It
is not exactly known how much international co-operation has
been mobilized for the promotion and protection of rights of
children in Nepal. However, the informal sources reveal that
billions of Nepali rupees, from the international donors and
partners engaged in the national development programmes
of Nepal, have been spent for the benefit of children. Most
of these resources are channelised through UN Agencies like
UNICEF, WHO and ILO and INGOs (please refer to Annex: F)
such as Save the Children, CARE Nepal, UMN, Plan Nepal,
World Education, and World Vision. There are dozens of
other small INGOs working together with the Nepali NGOs in
different areas of child rights in different parts of the country.
The main international donor organizations (please refer to
Annex: E) supporting for different national plans of action for
children are ADB, DFID, FINIDA, NORAD, USAID, AUSAid, JICA,
SDC, World Bank, GIZ, DANIDA and EU. A reference of the
Project-wise Commitments and Disbursement for FY 2011-12
by the international donor partners is mentioned as follows :
International donors and partner organizations are
extending their co-operation13 in different areas of child
rights in Nepal: in the health sector to prevent IMR, U5R,
WASH (Water Sanitation and Hygiene) Campaign, in
Child Nutrition sector (such as Micronutrient Powder
Supplementation for Children in Food Insecure Districts of
Nepal and Improve maternal, infant and child nutrition in
rural areas), and Education sector (ECD, Girls Education,
Equitable Access to Quality Primary and Secondary
Education). Likewise, international co-operation is also
mobilized towards the protection of children from the
effects of armed conflict (such as Informal Released
Children Associated with Armed Forces and Armed
Groups (CAAFAG) and Verified Minors & Late Recruited
(VMLR) support program), adolescent education and
youth empowerment, reduction of the harmful cultural
and traditional practices affecting women and children
in Nepal. With financial support from theNorwegian
Government, the Government of Nepal (Ministry of Federal
Affairs and Local development-MOFALD) in collaboration
with UNICEF has been launching “Child Friendly Local
Governance” (CFLG) in different parts of the country.
International co-operation has played a crucial role in
achieving the MDGs related to the rights of the child.
Government of Nepal heavily mobilizes the International
aid coming from the Embassies, UN Agencies, INGOs,
NGOs (including private companies and professional
Child Budget Tracking
The Project-wise Commitments and Disbursement for FY 2011-1212
Fund Allocation for Children Summary(Also refer to Annex D Page )
Total New
Commitments
Child Tracking
In Percentage
Actual
Disbursements
Child Tracking
In Percentage
1,214,579,098
210,383,978
17.32%
1,045,297,273
269,926,872
25.83%
11
A Ten Years National Plans for Children (2005-2014), Master on Child Labour (2004-2014).
12
DEVELOPMENT COOPERATION REPORT FISCAL YEAR 2011-2012, Ministry of Finance, GoN, Page 44, Annex 4.
13
Sources of Information: a. Country Development Cooperation Strategy Summary – FY 2014-2018, b. ADB Business Plan 2015-2017, c. Country Strategy for
Development Cooperation with NEPAL 2013–2016, d. Swiss Cooperation Strategy for Nepal 2013-2017, e. DENMARK –NEPAL COUNTRY POLICY PAPER2013-2017, f.
EU: MULTIANNUAL INDICATIVE PROGRAMME (MIP) 2014-2020, NEPAL
organizations) and community organizations to achieve
the declared national goals and plans of action. A huge
amount of donor-partners money has been spent through
Poverty Alleviation Fund, Decentralized Action for Children
and Women (DACAO), LGCDP (Local Government and
Community Development Programme) CFLG, ILO-IPEC,
LGCDP and so on for the benefit of the vulnerable children of
the country. However, due to lack of adequate resources and
systems approach to child rights planning, implementation
and monitoring in the state system, many national plans of
17
action related to child rights have remained abandoned or
unimplemented. (Details are referred to in annex- E and F).
2.6 SWOT Summary of the Child Rights
and Key Gaps in Legal Frameworks and its
implementation in-line With International
Frameworks
This SWOT analysis based on the focus group discussion
undertaken among the representatives of Government,
Summary of the SWOT Analysis
Strength
Weakness

Interim Cons tu on of Nepal, 2007 ensures the children’s fundamental
rights to development and protec on whereas Children’s Act, 1992
including Child Labour (Prohibi on and Regularisa on) Act, 1999 prohibit
exploita on and discrimina on of children.

There s ll exist a number of discriminatory legal and cons tu onal
provisions.

Ineﬀec veness of laws and policies has raised the ques on of
government credibility among the people.

Some policy reforma on tasks are taking place, such as na onal child
policy, na onal plans of ac on, judicial reform for jus ce for children,
child-friendly local governance opera onal guideline.

Ins tu onal capaci es of key statutory ins tu ons are weak and
poorly resourced.

Supreme Court has been playing a lead role in providing speedy jus ce
and reform in children’s cases.

Many legal frameworks are not compa ble with standards set up by
interna onal conven ons/ cons tu onalism.

Increasing awareness of child rights among stakeholders including
children’s club.

No comprehensive child protec on mechanism with clear mandate
exists.

Several bills and codes to further ensure child rights are in the pipeline
for amendment.

No specialized independent human rights mechanism for protec on
of the child rights.

Dra provisions of new cons tu on achieved consensus on per nent
child rights issues that include specialized child rights commissioner in
the Na onal Human Rights Commission (NHRC).

The size of the na onal budget to strengthen family is very small,
and poverty exists at family and community levels.
Opportunity
Threats

Interna onal Conven ons signed and ra fied by the state

New Cons tu on in the making
No specialized independent human rights mechanism for the
protec on of child rights.

Parliamentary Commi ee on Women, Children and Social Welfare

Consequence of poorly managed transi onal period may hinder all
the posi ve processes taking place

Human Rights and Social Commi ee of the Council of Ministers

Increased coopera on and resource mobiliza on in child-rights sector
Delay in wri ng new cons tu on may hinder all level of policy
reform process and disrupt the ongoing system building process

Works of CSOs/NGOs, Academia and Child Rights Experts

System building processes taking place to strengthen child rights
governance
Issues and concerns of statelessness of children might be hindered
by conserva ve forces in the Cons tuent Assembly.

Delayed jus ce for children who are the vic ms or survivors of
sexual exploita on and abuse and child labour.

Weak social security system and culture of impunity.

Increased social awareness and recogni on about the rights of the child.
18
I/NGOs/CSOs and children’s clubs and concerned
stakeholders provide a brief overview of various aspects
of child rights system and governance in Nepal. The
SWOT analysis below shows a fair development at the
policy and legal framework. However, there is a pertinent
question to be asked: Are these legal frameworks
adequate to address the issues concerning child rights?
Do our laws have sufficient ingredients or qualities that
are guided by international standards based on Nepal’s
commitment towards international community and
ensuring accountability towards its people and children?
Another key issue is that while analyzing the legal
framework related to the rights of the child, it should
be viewed holistically. Thus, it is important to analyze
the laws that directly target children and to focus on
the interrelatedness and interdependence of children’s
rights to protection.
There are huge gaps in the existing legal framework
and its implementation. The principle and provisions of
the Convention and its subsequent protocols have not
yet been fully mainstreamed into legislative and overall
policy framework. The Nepal Civil Society Supplementary
Report on CRC (July, 2014) has clearly mentioned the
key legal gaps in the existing laws of Nepal, as shown in
the following table:
Key gaps in legal framework and the CRC
S.N.
Legal Issues
Gaps and reali es
01.
Defini on of Children
The age of 18 years is recognized interna onally as the preferred division between adults and minors. It
should be noted that defining anyone less than 18 years as a child does not mean that there cannot or should
not be other legal differen a ons based on age. Various Nepalese laws are inconsistent in defining the age
of children and their maturity. Allowing to work at the age of 14 and criminal liability at the age of 10 are
contradictory with the recogni on of the age of maturity.
02.
Principle of non discrimina on
Though the no on of non-discrimina on is stated in the fundamental rights of the exis ng cons tu on, the
“irrespec ve of the child’s or his or her parents or legal guardian’s race, color, sex, language, religion, poli cal
or other opinion, na onal, ethnic or social origin, property, disability, birth or other status” (Art 2, CRC) is not
reflected into the broader legisla ve framework including children’s Act, 1992 (Sec on 5 and 6).
03.
Best Interest of the Child
Mainstreaming the no on of “Best Interest” into the laws and prac ce would bring Nepal in line with
its interna onal commitments, and ensure a prac cal applica on of all the other rights it guarantees for
children (Art 3, CRC). Nepal has not yet adequately developed any such mechanism for ensuring this core
value of CRC in its legal framework.
04.
Rights to Par cipa on (Right
to be heard, informed and
opinion)
In prac ce, Nepal has established posi ve evidence in many instances to ensure the mechanism where
children’s right to be organized, expression of their views on issues affec ng them are protected.
Nevertheless, these rights are not yet substan ated in the legisla ve framework.
05.
Right to name, iden ty and
na onality
The right to birth registra on has somehow been addressed, but the right to be registered at birth and
to preserve his or her iden ty including name and a na onality has not been fully comprehended (Art 7,
CRC). Birth Registra on is compulsory under the Birth, Death and Other Personal Events (Registra on) Act,
2033 (1976), but there is no clear provision or penalty against non-registra on of vital events including
birth registra on as prescribed by laws. There are many ambiguity in laws, lack of con nuous and universal
recording of the occurrence and characteris cs of vital events in Nepal (MoFALD, 2013).
06.
Jus ce Mechanism
Nepal’s overall jus ce mechanism has not fully embraced the jus ce mechanism for protec on of child rights
except few provisions in Children’s Act, 1992. The current system is only guided by ‘add and s r’ concept,
which finally blended into the mainstream criminal jus ce system. The concept of child bench and its
guidelines have been introduced, but due to the lack of posi ve standard by legisla ve law, the enforceability
capacity is very week (Juvenile Jus ce Opera onal Guidelines).
19
S.N.
Legal Issues
Gaps and reali es
07.
The right to family or parental
care and alterna ve care
provided by the State where
necessary
The rights to family care or parental care are somehow addressed in the exis ng laws, but it is ambiguous
and allows for ‘ins tu onalized’ violence against children. The current Children’s Act has broadly prohibited
torture or cruel treatment.
Chapter-3 of the Children’s Act is dedicated to provisions rela ng to the protec on of the child and rela ng
to the guardian. These provisions are more guided towards ins tu onal care whereas UNCRC and other
relevant guidelines suggest that appropriate State-provided alterna ve care should be regarded as a measure
of last resort when removed from the family environment.
08.
The right to be protected from
abuse, violence exploita on
neglect and at home and in the
public sphere
Violence against children is one of the major issues in the country in both domes c and public spheres.
The exis ng Act has addressed few issues that fall under violence against children; but there are no
comprehensive provisions. There is a serious lacking in ensuring that every child is protected from physical,
mental, psychological or other forms of punishment at home, school or other social se ngs. Law has
prohibited some harmful tradi onal prac ces against children but it does not fully comport to provisions that
protect children from abuse, violence, neglect and exploita on (Art 19, 34, 35, 36, 37 & 39, UNCRC).
09.
The right to be protected from
exploita ve labour prac ces
The Interim Cons tu on, in Ar cle 22 (5), does ensure strong provisions against child labour; however,
s pula ng that children have the right to be protected from exploita ve labour prac ces is not included in
the cons tu on and other legisla ve frameworks including Children’s Act, 1992 and Child Labour (Prohibi on
and Regularisa on) Act, 2000. Nepal has also recognised the right of children to be protected from economic
exploita on, from hazardous work, and work that interferes with their educa on or is harmful in any way, as
well as outlining the steps that the State should take to implement such an ar cle in prac ce (Ar cle 32 of
the CRC).
10
The provision by the State for
special assistance to children of
marginalized community.
Government of Nepal has introduced some social security programs along with cons tu onal provision
categories of par cularly vulnerable children (Art.22 (4), which is a posi ve step ahead that includes
orphaned, mentally or physically disabled, vic ms of conflict, displaced and street children, and other
children in need of protec on. But these rights are not yet substan ated into legisla ve framework as
s pulated by CRC (Ar cle, 23, 26 of the CRC).
21
Chapter 3
Situation of Child Rights:
Improving but Challenging
Nearly twenty-five years have passed since Nepal signed
and ratified the UN Convention on the Rights of the Child
in 1990. During the period, Nepal has faced three different
kinds of political transition: (i) multi-party democracy
(ii) a decade-long armed struggle and (iii) post-conflict
transitional phase after signing the Comprehensive
Peace Accord (CPA). Nepal has demonstrated its earnest
political commitment to respect, protect and fulfill the
obligation on the rights of the child. The emerging child
rights movements within and outside the country in
the late eighties and the early nineties have encouraged
the government in formulating various instruments and
mechanisms to enhance child rights in the country.
The concept of four principles of child rights and four boxes
of child rights14 was also adopted and incorporated by the
government of Nepal in its policies and plans of action as
per the spirit of the CRC. The guiding principles of the
Convention include non-discrimination, adherence to the
best interests of the child, the right to life, survival and
development, and the right to participate. They represent
the underlying requirements for any and all rights to be
realized. Despite all these political commitments, Nepal is
constantly confronting conventional attitudes and ad-hoc
behaviours in the process of institutionalizing child rights
in the state system. A fragile political situation, insurgency
and ineffective implementation of laws, policies and plans
have also caused serious obstacles in translating the
political commitments into a reality. Additionally, there is
a lack of adequate awareness among rights-holders and
service providers on existing laws and policies. There has
been a delay in getting existing laws and policies concerning
children amended and endorsed by the Cabinet. Similarly,
existing policies and laws have not been re-assessed. Not
enough attention has been paid to awareness-raising
and advocacy by stakeholders at all levels (NPA 2004/52014/15).15
3.1 Progress towards Achieving MDGs on
Child Rights
Nepal’s progress in child development is quite remarkable. If
we look at the progress (refer to Annex C: Child Protection
Indicators) Nepal has made in the last 25 years, 1990 to
2014, we see that there have been significant achievements
in the areas of education and health development of
children. The decreasing Infant Mortality Rate (IMR), Under
5 Mortality Rate (U5R) and Maternal Mortality Rate (MMR)
and increasing trend of students’ enrolments and gender
parity in schools and gradual reduction of school drop outs
are considered as critical impact of systematic planning
for children. There have been measurable improvements
14
http://www.unicef.org/crc/files/Guiding_Principles.pdf
15
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal Council
of Ministers on 3 September 2012 and implemented 2004/05–2014/15 (Page 17)
22
in the education sector. Nonetheless, education in Nepal is
not completely free; parents do pay examination fees and
other annual charges in addition to paying for stationery
and uniforms.16 Likewise, the quality of most ECD centres
is low, there is no consistency in their management and
there are discrepancies in resource distribution (NPA
on children 2012).17 Access to safe water and hygiene is
largely absent in rural Nepal.18 Childhood malnutrition and
child poverty are also serious in Nepal. Malnutrition rates
in Nepal are among the highest in the world. Forty-one
percent of children under five are stunted, 29 percent are
underweight and 11 percent are wasted. 19
boys and girls enrollment in primary education are either
achieved or likely to be achieved. Even in areas where
Nepal is lagging behind, particularly in sanitation, it has
already internalized an acceleration framework in the form
of the MDG Acceleration Framework (MAF) to mobilize
adequate resources to expedite progress by 2015” (MDG
Progress Report 2013). 20
The mainstreaming and institutionalization process of
child rights into the state system is still very weak although
some significant changes have taken place. There is a lack
of political commitment to translate the national laws,
Achievements and Target Goals of the Rights of the Child by 2015
S.N. Issues and Concerns
Status of 2000
Status of 2010
Status of 2013
Target of 2015
01.
Universal Primary Educa on
81%
93.7%
95.3%
100%
02.
Infant Mortality Rate (IMR)
64 per 1000
46 per 1000
39
34 per 1000
03.
Under 5 Mortality Rate (U5R)
91 per 1000
54 per 1000
54
54 per 1000
04.
Maternity Mortality Rate
539 per 100,000
281 per 100,000
170 per 100,000
213 per 1000
05.
Propor on of Popula on below Na onal Poverty Line
42%
25.4%
23.82%
21%
2.6 Million
1.7 Million
1.6 Million
Below 1.0 Million
53%
41%
06.
Elimina on of Child Labour (ILO)
07.
Prevalence of under-weight children below 5 years
08.
Propor on of Birth A ended by Skilled HWs.
11%
29% (?)
09.
Ra o of Girls to Boys in Primary School
0:79
0:86
10.
Propor on of One year old children immunised
against measles
71%
85.6%
Despite the negative impact of the decade-long (1996-2006)
armed conflict, Nepal has progressed towards achieving
the MDGs. “Nepal is on track and is likely to achieve most of
its MDG targets, despite the prolonged political instability.
The targets for poverty reduction, maternal mortality, and
29%
50%
60%
0:1
88.0%
>90%
policies and plans of action into reality. Lack of ownership,
sensitization and irregularity at all three levels -policy,
implementation and monitoring system- is also responsible
for not achieving the desired national target goals and
plans of action.
16
Submission by Save the Children Nepali for the Universal Periodic Review - 10th session (http://lib.ohchr.org/HRBodies/UPR/
Documents/Session10/NP/SCN_SavetheChildrenNepal_eng.pdf)
17
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal Council of Ministers on 3 September
2012 and implemented 2004/05–2014/15
18
Submission by Save the Children Nepali for the Universal Periodic Review - 10th session (http://lib.ohchr.org/HRBodies/UPR/
Documents/Session10/NP/SCN_SavetheChildrenNepal_eng.pdf)
19
http://www.usaid.gov/nepal/food-assistance
20
Nepal, Millennium Development Goals, Progress Report 2013, Copyright © September 2013 Government of Nepal, National
Planning Commission / United Nations Country Team of Nepal
3.2 Promotion of Child Participation
Nepal’s progress in promotion of the children’s participation
in schools and child related areas is well appreciated and
visible. There are more than 17,000 child clubs working
throughout the country. However, according to the child
club’s review 1999 and 2011/12, many marginalized children,
especially children with disabilities, are not fully included
in child clubs. With the emergence of child participation
in society, there has been growing concern in child rights
movement. This has contributed quite a lot in many areas,
including advancement of “more knowledge among
children and parents about their rights and entitlements,
more support and security in schools, expanding social
interactions and networks, demands of transparency and
accountability and so on”(Dahal Bhola Prasad).21 However,
there is a lack of inclusive child clubs which is reaffirmed
by child clubs review on its democratic practice 1998/99,
and national children’s club review 2014. Despite the
existing constraints in the promotion of child participation,
engaging the energy and commitment of young people and
their common concern about discrimination and inequality
which child-led activities appear to engender would likely
give an added impetus to community development and
efforts aimed at positive social change.22
3.3 Child Rights: Issues of Discrimination and
Social Inclusion
Nepal is home to a mosaic of ethnicities and languages.23
There are 125 caste/ethnic groups as reported in the
23
census 2011. Numerically, no single group is predominant
in the country and “the population can be divided
between the Hindu caste groups and Janajatis, and a
third group, the religious minorities (mostly Muslim)”. In
Nepal, “Hill and Madhesi Dalits and Muslims are the ones
who experience a higher extent of discrimination based
on religious belief in their communities” (Nepal Social
Inclusion Survey 2012).24 The age-old discrimination
and exploitation of people on the basis of caste, class,
gender, religion and geographical habitat have created
obstacles for development and gulf between people and
communities. “Exclusion has also contributed to lower
survival rates, worse health and limited educational and
economic opportunities (ADB, 2010).25 Children, especially
from marginalized communities, are largely deprived of
their basic childhood rights including rights to education,
health care and nutrition. Furthermore, their protection
rights and participation rights are also hampered due to
economic exploitation and socio-cultural discrimination in
society. For example, “the percentage of child labour is the
highest among Dalit children, at 60.4%, closely followed by
Muslim children (58.4%). Muslim children show the highest
proportion (30%) of children in hazardous occupations; the
second is Dalit children (27.6%)” (ILO, 2012).26 Likewise,
the number of street children is also higher among Dalits
and Hill ethnic minorities compared to other social groups.
Malnutrition rates in Nepal are among the highest in the
world. It is a serious obstacle to the survival, growth and
development of children. 42% of deaths of children under
5 years of age are caused by malnutrition, with diarrheal
21
Nepal, Millennium Development Goals, Progress Report 2013, Copyright © September 2013 Government of Nepal, National Planning
Commission / United Nations Country Team of Nepal
22
Participation of Conflict-Affected Children in Humanitarian Action: Learning from Nepal, (page 18) Draft Document for the Canadian
International Development Agency (CIDA), Jason Hart with Chandrika Khatiwada October, 2003 (http://www.acdi-cida.gc.ca/inet/images.nsf/
vLUImages/Childprotection/$file/E08.pdf)
23
http://www.socialinclusion.org.np/content-detail-51.html
24
Nepal Social Inclusion Survey 2012, Cate Ethnic and Gender Dimensions of Socio-Economic Development, Governance and Social Solidarity,
by Central Department of Sociology/Anthropology, Tribhuwan University, Kathmandu Nepal, March 2014.
25
Overview of gender equality and social inclusion in Nepal. Mandaluyong City, Philippines: Asian Development Bank, 2010
26
Nepal child labour report based on data drawn from the Nepal Labour Force Survey 2012, ILO
24
disease being the biggest contributor to mortality at 15.6%
followed by lower respiratory infections at 9.1%.527 The
prevalence of stunting in the hills and mountains of the
mid- and far-western regions is extreme, with rates above
60 percent. Children from large households, illiterate
families, disadvantaged and Dalit households are likely
to be poorest as are children from rural areas and hill
regions, from households with small landholdings and from
families with a high dependency.28 Due to lack of political
awareness, economic disparity and social discrimination,
birth registration, school enrollment, health and nutritional
status of Dalits and hill ethnic minorities are also low.
Problems like lack of citizenship and statelessness are also
much higher among the children of these marginalized
groups and communities. Likewise, girls from all groups
are still facing exclusion as “the prevailing unfair social and
labour relations compounded by unequal power structure
and patriarchal thinking contribute to the sorry situation of
girls in Nepal. Social attitude towards girls is still regressive.
Majority of girls are denied care, education, health service,
recreation and other basic services right from the birth”
(CWIN Nepal).29
In order to encourage children of excluded and marginalized
communities, the government of Nepal has introduced
scholarship and stipend programs such as free education
to all Dalits and girls up to grade 12, and medical support
for children with disabilities, rehabilitation programmme for
Kamlahari (bonded girl labourers), educational support for
children affected by the armed conflict, etc. Regardless of
all these programmes and repetitive commitments from the
government, the democratic transition also could not bring
expected outcomes to include women, dalits, madhesi,
adiwasi janajati, oppressed and minority communities
into the state mechanisms and mainstream development
process. Hence, to translate the national commitment into
action, the government and CSOs need to work in hand-inhand for “finding ways to go further in guaranteeing basic
human rights, freedom and security for all of the people
of the country, by specifying effective implementation
mechanisms and procedures (CCD 2009).30
3.4 Situation of Children at Risk
A huge majority of the children in Nepal are living and
working in the most difficult circumstances. As in most
transitional societies, children in Nepal, especially those
at vulnerable situations are also going through a painful
period where they are struggling for their daily survival.
Protection of children begins from the womb, and is
particularly challenging till five years of age. However,
they continue to face development challenges till they are
fully grown adults. Each stage of childhood (from baby to
teenage) has both opportunities and challenges in terms
of their protection and development. In relation to the
patterns of child rights violations in Nepal, the specific
areas of children at risk and their challenges for protection
are mentioned as follows:
3.4.1 Child Labour Exploitation
According to ILO and CWIN31, there are 1.7 million working
children in the country. Despite the reduction of child
labour by nearly 1.0 million in the last 10 years, there
has been an increasing trend of the worst forms of child
labour (621,000 according to ILO, 2012) among children
between the ages of 15 and 17. A number of children get
trapped in domestic services and harmful labour sectors
like circus, brick-kilns, embroideries, restaurants and
bars and commercial sex market. Although the Kamaiya
(bonded labour) system has been banned in Nepal, there
27
ADB. 2011. Proposed Grant Assistance Nepal: Reducing Child Malnutrition through Social Protection. Manila.
28
Child Poverty and Disparity in Nepal, Report Overview 2010, Government of Nepal, National Planning
Commission, UNICEF New Era.
29
http://www.cwin.org.np/media-centre/fact-sheets/40-the-girl-child-in-nepal
30
Recognizing Diversity and Social Inclusion in the Constitution, Participatory Constitution Building in Nepal,
Booklet Series No. 9, Centre for Constitutional Dialogue (CCD) - 2009
31
CWIN Fact Sheet on Children in Nepal
are thousands of Kamlaharis (bonded child labourers)
still living and working in a situation of bondage. In Nepal,
bonded labourers are referred to as Haruwa/Charuwa,
Kamaiya or Haliya in different parts of the country. Despite
the legal prohibition on bonded labour, these practices
persist in different locations in the country (UN).32
3.4.2 Children in Prison and Children in Contact with
the Law
Every year, hundreds of children come into contact with
the law due to various vulnerable situations they live
in. Many times these children are misused by criminal
gangs and petty criminals to pick pocket, peddle drugs,
extort money and even take up armed violence. As per
the commitments to international instruments, Nepal
has introduced regulations, operational guidelines and
mechanisms to appropriately deal with children in prison
and children coming into contact with the law. However,
there are reports and complaints about the mistreatment
and torture of children who are arrested and detained by
the police for petty crimes.
3.4.3 Child Marriage
The magnitude of child marriage is especially very high in
Southern terrain and far-west region. Due to the constant
efforts of the government, civil society and community,
the trend of child marriage has been gradually decreasing
as compared to the past decade according to the national
census, 2011. According to the Multiple Indicator Cluster
Surveys (MICS), 2010, among women in the age group 2049 years in the Mid-Western and Far Western regions, 60%
stated that they had been married before reaching the age
of 18 years, and 16% before the age of 15. Of the women in
the age group 15-19 years, 26% were currently married.33
3.4.4 Corporal Punishment
Corporal punishment was an integral part of the traditional
school system in Nepal, and the practice still continues.
25
Children were punished in the name of disciplinary action, for
not obeying the teachers and for failing to submit homework
and class work as instructed by the teachers. After a series
of social campaigns against corporal punishment in schools
by human rights and child rights defenders, the government
has outlawed corporal punishment against students in
school. The government of Nepal has marked the National
Children’s Day 2014 with the slogan to “listen to children and
to prevent child abuse.” In reality, corporal punishment in
schools is yet to be abolished.
3.4.5 Children with Disabilities
Children with disabilities are more vulnerable to emotional
and sexual abuse. Efforts have to be made to change
traditional attitudes towards persons with disabilities
and improve the access to information, medical facilities
and education. As part of the national commitment to
the rights of persons with disabilities (PWDs), Nepal has
signed and ratified both UN Convention on the Rights of
Persons with Disabilities (CRPD), 2006 and its Optional
Protocols. Nepal has also introduced Childhood Disability
Management Strategy, 2008, Community Rehabilitation
Guidelines (CBR), 2009, National Policy and Plans of
Action on Persons with Disabilities, 2006, Disability Identity
Card Distribution Guidelines, 2008 and the Policies and
Programs on Persons with Disabilities in three years
periodic plan of government (2010-2013). However, there
is no national system for early detection and intervention
with regard to children with disabilities34 so far. Insufficient
efforts have been made to facilitate the inclusion of
children with disabilities into the educational system.
3.4.6 Children without Family or Abandoned Children
Separation of children from parents or children deprived
of a family environment is a very serious issue. There are
many children facing the risks of family disintegration and
separation as a consequence of the armed conflict, natural
disasters, outbreak of epidemics, traffic accidents, etc.
32
http://www.un.org.np/oneun/bondedlabour
33
Central Bureau of Statistics (2012): Nepal Multiple Indicator Cluster Survey 2010, Mid- and Far Western Regions, Final Report.
34
Ibid
26
There is a need to undertake effective measures for the
reunification of separated children and to discourage the
establishment of children’s homes without sustainable
programmes. It will be sensible to reinforce the existing
structures such as the extended family where children
become responsibility for broader family members.
Similarly, introduction of a child-friendly foster care
system as a part of the alternative care to the residential
institutions should be enforced.
3.4.7 Institutionalisation and Inter-country Adoption of
Children
There are 759 registered children’s homes (now running
592 child care centres as per CCWB Report on the Rights
of the Child - 2014) in Nepal. The government has been
carrying out monitoring of the child care homes and
orphanages so that residential care facilities meet quality
standards in conformity with the National Minimum
Standards35. However, the result-oriented actions to
prevent child abuse and to help protect these children are
yet to be effective. The study jointly undertaken in 2008
by UNICEF and Terre des Hommes Foundation entitled
“Adopting the Rights of the Child” found that around 60
percent of the children up for adoption were not actually
orphans but were separated from their families and that a
culture of child abuse including the abduction, trafficking
and sale of children had flourished due to poor monitoring.
3.4.8 Harmful Traditions and Practices
As a traditional, religious and caste-based society, different
kinds of harmful traditions are still in practice causing
extreme insecurity, health hazards and cruelty to children,
especially to girls. Sometimes, young women and girls are
also attacked and tortured for practicing so called ‘witchcraft’. There has been massive social campaign in order
to prevent and control many of such traditional practices
that do not favour the best interest and protection of girls.
The NPA for Children, 2012 (Page 26) has stated to “bring
an end to practices such as harmful traditions or wrong
cultural norms that forcibly attack womanhood”, however
there is a tradition of impunity and the offenders generally
escape from the legal action due to different types social,
economic and political influence.
3.4.9 Sale, Trafficking and Abduction of Children
Sexual violence against children, indeed, manifests itself
in different ways: intra-familiar abuse, prostitution, sexual
exploitation through tourism or trafficking, corruption and
child pornography on the Internet among others36. Nepal
has been recognized as one of the problem countries of
human trafficking in the world for years, where almost
20% of trafficked persons are young women below 18
years of age. They are the victims of sale, trafficking and
abduction for the commercial sexual exploitation and other
hazardous forms of works. Despite continuous efforts and
action to combat human trafficking, Nepal’s progress is not
satisfactory and it falls under Tier II category in the world
map of human trafficking37. In the past, Nepali girls were
trafficked mostly to India; now the trafficking route has
expanded to China, Africa, Gulf countries and even Europe.
Nepali girls are tricked and are taken to Gulf countries on
the pretext of foreign employment under false age and
false travel documents.
3.4.10 HIV/AIDS
Unsafe sex, drugs addiction and use of contaminated
needles cause HIV/AIDS in a number of young people.
Children working and living on the streets and those
engaged in commercial sex work are more vulnerable to
contracting the infection. Activities such as control of HIV
and AIDS, and treatment, care and assistance are being
implemented. Similarly, programmes such as anti-retroviral
treatment (ART), voluntary counselling and testing (VCT)
and prevention of mother–to-child transmission
35
Minimum Standard of Operation and Management of Child Care Homes, 200
36
THE ROLE OF INTERNATIONAL COOPERATION IN TACKLING SEXUAL VIOLENCE AGAINST CHILDREN, Background Paper for the
International Conference in Rome, November 29-30, 2012, Prepared by the Istituto degli Innocenti, Florence
37
Trafficking in Persons Report 2013, US Department of State
(PMTCT) are being implemented.38 Children and young
people living with HIV/AIDS and children of parents living
with HIV/AIDS come across serious discrimination including
in health care, education, food and housing. Some of them
are even denied school admission.39 According to Shakti
Milan Kendra, an organization started by women living
with HIV, an incentive of Rs. 1000 per month provided
by the government for the people living with HIV is not
adequate and is not easily accessible for children who do
not have parents and do not have recommendations from
government authorities.
3.4.11 Internet Online Harms
Most of Nepali children are vulnerable to fall prey to
predators as they are unaware of safety and security
concerns in the online environment. At least 26.3 percent
of girls and 73.7 percent of respondent boys admitted
to giving out personal details to strangers.40 There is no
specific law to protect children from online harms as the
existing Electronic Transaction Act of Nepal does not
mention child protection. What is more, Nepal is among
48 countries where possession of child sexual abuse
images (or child pornography) is not illegal. Images of
children exposed or in the course of sexual activity, either
by or against their own will, are easily accessible over
the Internet which adults and minors have free access to
daily.41 Cybercafé owners acknowledge that the majority
of their customers, including young boys and girls, access
pornographic materials, and many children are exposed
27
to pornographic materials, harassment and blackmail in
virtual chat rooms.42 However, child pornography, the
control (!) of children’s access to the internet, and the
control of internet content have not been addressed (NPA
for Children 2012).43
3.4.12 Street Children
Street children are the phenomena of big cities and growing
urban centres in the world. It is estimated that there are
about 5000 children living and working in the streets of
different cities and towns of Nepal. A study on street boys
in Kathmandu found that most of the children (67%) are
between 13 and 16 years of age. The majority (82%) are
illiterate, having dropped out of primary school because of
lack of interest, financial problems or lack of knowledge
from parents’ side.44
Street life means various risks and continuous dangers
for the particularly vulnerable young population. Risks or
dangers that they face are numerous such as exposure to
violence (mental and physical), sexual abuse, drug addiction,
threats from gangs, social exclusion, health problems,
delinquency, exposure to crime, alcoholism, starvation, etc.
“The new challenges in working with street children are
the rampant use of drugs, including intravenous drugs used
by some of the children. Street children are also under the
threat of contracting HIV due to common sharing of needles
and unsafe sexual behaviors. Street youths are gradually
being exposed to the world of crime as well”.45
38
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal, Council of Ministers on 3 September 2012 and
implemented 2004/05–2014/15
39
POKHARA: Three HIV-infected children living in Purandhara-based Akura Care Village have been deprived of education after a government school
denied them admission. School denies HIV-infected kids admission, The Himalayan Times June 28, 2011
40
CWIN-Nepal/Save the Children- 2008: Study on the Internet Behaviour of Children in the Kathmandu Valley.
41
CWIN (2010): Nepalese Cyber Law and Children
42
ECPAT International (2006): Global Monitoring Report on the status of action against commercial sexual exploitation of children. Nepal
43
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal, Council of Ministers on 3 September 2012 and
implemented 2004/05–2014/15 (Page 9).
44
CWIN and Save the Children (2010): A Study on the Sexual Abuse of Street Boys in Kathmandu
45
Fact about street children in Nepal, 2014 CWIN
28
3.4.13 Children Affected by Armed Conflict
Tens of thousands of children were directly or indirectly
affected by the decade-long armed conflict (1996-2006).
Many of these children lost their parents and family
members. Some of their parents were the victims of
enforced disappearances and severe torture and children
also faced adverse situations due to internal displacement,
and forceful recruitments by the armed forces. The CAAFAG
(Children Associated with Armed Forces and Armed
Groups) working group member organizations delivered
a number of comprehensive activities and services to
CAAFAG.46 Some 3000 VMLRs (Verified Minors and Late
Recruits) who got discharged from the cantonments
received support in a package supported by the Peace
Trust Fund through various organisations. However,
thousands of unverified or unrecorded young people who
were associated and affected by the armed conflict and
fled the armed groups before CPA did not receive much
support for their psycho-social counseling, skill education
and social reintegration. The NPA for Children47 has stated
to “make arrangements for clear codes of conduct related
to children affected by armed conflict, and ensure their
rehabilitation within families, communities or institutions”
(page 26), however, it has not yet been materialized.
3.4.14 Statelessness and Children
Citizenship issue has long been a serious issue in Nepal.
The system of granting citizenship on the basis of an
individual’s birthplace and descent started in 1952.
Citizenship rights of people are closely associated to
human rights of people including the right to identity and
existence. Absence of citizenship causes many problems to
a person including civil, political, economic and social rights
and state’s protection. According to the Ministry of Home
Affairs 20,014,950 citizenship certificate were distributed
since 1952 to Mid-July 2013 according to the Civil Society
Network on Citizenship Rights.48 A recent survey49 study
conducted by FWLD found that 23.65% of the population
aged 16 and above (or 4.3 million individuals) lacks
citizenship certificate in Nepal. In recent years, a strong
lobbying and campaign from civil society organizations
is being carried out to replace the existing constitutional
provisions of granting citizenship by “father and mother”
to “father or mother”.
34.15 Children as Zones of Peace and Protection
The concept of children as Zones of Peace was developed in
2000 by CSOs in Nepal. Later it got expanded in Schools and
was subsequently linked up with the whole child protection
areas. Although the government of Nepal has adopted the
notion of Children as Zones of Peace in the form of “School
as Zones of Peace”, it still needs to further expand in order
to link with the broader child rights movement.
3.4.16 Gender sensitivity and empowerment of girls
Girl children in Nepal make up a significant portion of the
total population of 30.98 million. As of 2014, there are
4,805,381 girls in the age group 0-14 years and 3,484,203
in the age group 15-24 years (CIA, 2014). The problem
of structural gender inequality in Nepal makes women
and girls exceptionally vulnerable to social and judicial
discrimination. Still the rights of girls are not well secured
and the existing laws lack in implementation. Genderbased inequality, discrimination and violence continue to
persist in many parts of the country. Many current laws and
practices are insensitive towards girls and hence gender
discrimination should be tackled at all levels of decisionmaking and structures. Even among staff responsible for
implementing specific laws and policies to address genderbased violence (GBV), there is misunderstanding and
incomplete knowledge of the exact content of the laws
and their responsibilities with respect to implementation.50
46
http://www.un.org.np/node/10126
47
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal Council of Ministers on 3 September 2012 and implemented 2004/05–
2014/15
48
Position of Civil Society Networks on Citizenship for Nepal’s Constitution drafting, 2014
49
“Acquisition of Citizenship Certificate in Nepal: Estimating Prevalence, April 2013, Forum for Women, Law and Development (FWLD)”
50
A Study on Gender-Based Violence Conducted in Selected Rural Districts of Nepal, 2012 Government of Nepal, Office of Prime Minister and Council of Ministers, Law
and Human Rights Division, Human Rights Promotion Section, Gender Empowerment Coordination Unit
29
Chapter 4
An Assessment of the Child
Protection System in Nepal
4.1 Child Protection System in Nepal
Since the ratification of UNCRC in 1990, Nepal has introduced
and established a number of national instruments and
mechanisms to strengthen the child protection system.
These instruments in the form of national laws, regulations,
policies and guidelines have provided basic norms and
standards for the protection of children. In order to carry
out the policy, guidelines and plans of action, Nepal has also
established a number of mechanisms for the protection
of children in national and local (district/village and
municipality) levels. (details referred in AnnexThe Ministry of Women, Children and Social Welfare
(MoWCSW) is the focal Ministry for coordination and
collaboration with other sectoral ministries. Other
sectoral Ministries, Departments, Offices, Child Rights
Officers (CROs), Women and Children Officers (WCOs),
Chief District Officers (CDOs), Labour Offices, Central
Child Welfare Board (CCWB), District Child Welfare
Boards (DCWBs), District Development Committees
(DDCs), Municipalities and Village Development
Committees (VDCs) and schools have also been assigned
responsibilities to work for the protection and promotion
of child rights. However, the resources, including human
resource, allocated to CCWB, DCWB and the district
based focal offices are insufficient to carry out activities as
required. Government has introduced ‘Child-Friendly Local
Governance Strategy and its Operational Guidelines, 2068’
which also gives priority to the protection of children at all
levels of governance system in the country. With regards
to its implementation at the local level, some participants
of the Focus Group Discussion (FGD) have said that so
far there is more competition than co-ordination and
the complementarity between DCPC/VCPC and CFLG
Committees is lacking. There is also a lack of clarity and
co-ordination among different agencies working for the
protection of children in other areas as well.
Effectiveness of the national monitoring and supervision
mechanisms very much depends on mutual co-operation
and mutual understanding on the issues of protection of
children. There is no separate independent institution to
monitor the situation and challenges of child rights as such.
30
An existing scenario of mechanisms arranged for child protection in Nepal
MoWCSW
Other
Ministries
}
MoE
MoHA
MoHS
MoLD
DWC
CCWB
Other
Dept.
}
Education
Police
Health
Community
Teacher
Health Worker
Family
Child
WCO
DCWB
Community based
child protection
mechanism
4.2 Role of different agencies including NHRC
and CCWB for
child protection in line with the CFLG
National Human Rights Commission (NHRC) has a
constitutional mandate to monitor overall human rights
situation including the rights of the child. However, it
does not have a clear institutional set-up besides a focal
District
Level Service
Providers
VDC Level
Service
Providers
}
Education
Police
Health
DAO
NGOs
Education
Police
Health
VDC Sec.
CBOs
person looking after the situation of children’s rights. If
roles of these institutions are vague and overlap each
other, it may result in non-cooperation and hamper the
process of children’s protection in the long run. Hence,
mutual co-operation and basic understanding of these
institutions with respect to child protection laws, policies
and programmes of action must be coherent and directed
towards the rights based action.
Child Friendly
Local Governance
Central
Committee
Child Friendly
Local Governance
District
Committee
Child Friendly
Local Governance
Municipality
Committee
Child Friendly
Local Governance
Village
Committee
Child Friendly
Local Governance
Community
Committee
Child Protection
Child
Survival
Child
Protection
System Approach to
Planning, Implementation
and Monitoring for child
Protection
Child
Development
Child
Participationn
Child Friendly Governance
31
Central Child
Protection
Committee
District Child
Protection
Committee
Muncipality
Child Protection
Committee
Village Child
Protection
Committee
Community
Child Protection
Committee
National Child Protection Mechanism
Child Friendly Local Government Frameworks
32
4. 3 Some Inspiring Practices of Child
Protection System
There are so many different forms of traditional and
modern practices being undertaken by family, community
and civil society organizations (CSOs) to promote the
rights of the child and to respond to the emerging issues
of child protection. Following are some inspiring practices
in child protection system, which can be replicated widely:
4.3.1 Community based child protection mechanism
Community based child protection mechanisms are most
effective to address individual cases of child protection
concerns. Village Child Protection Committees (VCPCs)
are an important part of the community based child
protection system in Nepal, which are set up according
to the guidelines of the Ministry of Women, Children and
Social Welfare. CSOs (NGOs, CBOs and teachers) working
in community and school levels (there are some practices
of establishing child protection committee in schools,
though it is not widely carried out) are also contributing
to raise social awareness and protect children with their
thematic and specific interventions in support of children’s
protection.
The VCPCs consist of members from diverse background
such as teachers, health workers, child rights activists,
women activists, representatives from disadvantaged
and marginalized groups, and most importantly, children
themselves. This enhances the committee’s reach to children
and families in all spheres of life and as a result it can more
readily detect and respond to child protection concerns.
Generally VCPC collects data of children in need of special
protection and coordinates with government agencies as well
as community based organizations to provide appropriate
response. Almost half of all VDCs of Nepal now have a
VCPC, some of which are more effective than others. With
a minimal support from the government and other agencies,
the committees can play a crucial role of child protection at
51
Evaluation of CAAFAG Programme Nepal 2008, UNICEF
the community level. Such a structure needs to be scaled
up, institutionalized and mobilized for protection and best
interest of children throughout the country. A VCPC or Ward
Child Protection Committee also needs to closely collaborate
with the local VDC and Municipality for the protection of
children in the spirit of Child-friendly Local Governance.
4.3.2 CAAFAG Referral Mechanism for Social
Reintegration
The concept of referral mechanisms in child protection
was formally started during, and immediately after,
the armed conflict period as a way to provide services
to Children Associated with Armed Forces and Armed
Groups (CAAFAG). This was based on the experiences
and knowledge of a number of child rights organizations
working with street children, working children at risk and
the survivors of human trafficking. Several organisations
in collaboration with the government and other agencies
provided reintegration support to CAAFAG, who
required a range of services including education, health,
psychosocial counseling, legal aid, vocational training, life
skills and income generation skills, etc. The programme
has obtained a great deal of information about children,
their origins, their reasons for joining the armed group
and their experience while associated with the CPN-M.
The challenge is to translate this information into useful
knowledge, both for this programme and for those to
follow in other countries.51 In order to avoid duplication of
resources and to ensure that each child got the support
that he/she needed, services available within a particular
geographical area were mapped out and procedures were
developed to refer the child from one service provider to
the other. The establishment of referral mechanism was
mostly coordinated and led by NGOs and children benefited
from a range of specialized services provided by different
organizations. As children need specialized services, all of
which can hardly be facilitated by a single agency, setting
up referral mechanism is an effective way to tap in all the
available resources.
4.3.3 Strengthening Children’s Clubs for ensuring
mechanism for child participation
Meaningful child participation raises children’s self-esteem
and increases their confidence to challenge abuses
they may face in the future. It is also an important right
spelled out by the CRC, closely linked to children’s right
to information, freedom of expression and freedom of
thought, conscience and religion. Active participation of
children in child clubs across the country gives hope for
materializing child rights in reality.
“Participation has a role to play in respecting the identity
of children as citizens with a valuable contribution in
their social and political life and, in turn, as enhancing
their self-esteem” (Dahl Bola Prasad).52 (Also refer to
Annex: G Conceptual Framework for Child Participation).
Participation of children for their own protection
including identifying risk factors and corresponding
responses is quite powerful. Awareness about the need
for reporting and setting up appropriate reporting
mechanism in schools such as complaint boxes have been
found effective to identify cases and intervene early on,
before any significant harm has been caused to the child.
Making schools and other similar institutions sensitive
towards child protection is a simple but an effective way
to protect children for which education authorities and
child protection authorities need to work in coordination
with each other. Hence, every school and institution
dealing with children need to adopt child protection
policy as per the NHRC guidelines 2012 and make people
aware and sensitize on how to prevent violence against
children. A number of working adolescents and youths
are also associated with children’s clubs being organized
or facilitated by NGOs working for the promotion of
meaning child participation. There is a need to ensure
meaningful participation by children in families, schools,
33
local bodies, health posts, etc. as envisaged in the CRC;
this has not been systematic and regular (NPA for
Children 2012).53
4.3.4 Women and Children Services Centers
Women and Children Service Centers (WCSC) within
the Nepal Police both at the Central and District Police
Offices are more effective in dealing with cases of
children. In some districts, I/NGOs have supported the
WCSC to be functional- a separate room to talk to
the children, child friendly manner in dealing with the
child coming into contact with the law, prevention of
outside influence at the time of complaint handling and
investigation process, and speedy process to deal with
children’s cases. Besides the resource and infrastructure
requirements, all that is required is sensitivity and
confidentiality in the police personnel towards children’s
cases, which is achieved mainly through regular trainings
and workshops. As police personnel are frequently
transferred from one duty station to another, training of
new staff would be an endless task, but very important
from a child protection point of view. Hence, training on
child rights and child protection should be mainstreamed
and scaled up, and appointment of women police officers
should be ensured as well.
4.3.5 Collaborative Operation of Child Help-lines 1098
and 104
Child Helpline Nepal 1098 is one of the encouraging
examples of collaboration between the government
authorities and the CSOs to respond to child protection.
Owned by the Ministry of Women, Children and Social
Welfare, the Child Help lines are operated by CSOs in Nepal.
The Government of Nepal provides a very nominal fund to
the Child Helpline and the CSOs are mobilizing resources
on their own to keep the Help lines running.
52
Bhola Prasad Dahal, CHILD PARTICIPATION IN SCHOOLS OF NEPAL: ROLE AND CONTRIBUTION OF CHILD CLUBS, A Thesis
Submitted to School of Education in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Education,
Kathmandu University Dhulikhel, Nepal, January 2014
53
NATIONAL PLAN OF ACTION FOR CHILDREN, NEPAL Approved by the Government of Nepal Council of Ministers on 3 September
2012 and implemented 2004/05–2014/15
34
Child Helpline service was first initiated by CSO in Nepal
in the late 90s.54 This Helpline was transformed to Child
Helpline Nepal with national emergency toll-free number
1098 with the joint effort of Nepal Government, Nepal
Telecom Authority and CWIN Nepal. In 2007/2008
(B.S. 2064), the Ministry of Women, Children and Social
Welfare developed an operational procedure for the
‘Child Helpline Nepal 1098’ with a broader objective
of protecting children from all forms of abuse and
exploitation and to provide emergency rescue, reparation
and psycho-social support to children at risk. The working
procedure allows NGOs with capacity and credentials
to run the Child Helpline 1098 in districts. There are 14
Child Helpline Nepal services being run by 8 different
organizations in 14 districts of Nepal.
Child Helplines have played a crucial role of direct
protection of children and are able to directly reach
out to children, families and community. In a year,
these Helplines receive around 100,000 calls from both
children and adults. Every year, the Helplines are also
able to provide telephone and client-based counseling
and some 3000 cases of serious violations of child
rights are directly intervened with the help of police.
They also work closely with the missing child hotline
104 run by Nepal Police. Almost all the major landmark
legal decisions made in favour of children at risk such
as child workers, child survivors of sexual abuse and
trafficking have been filed or facilitated by the Child
Helpline Nepal.
4.4 Lapses and Limitation of the Child
Protection System
Despite the adoption of the National Child Policy, 2013,
there is no comprehensive national child protection policy
in the country. In its absence, the government cannot
set the minimum standard of child protection in family,
community, school, health posts and hospitals, child care
centres, sports centres, etc. In 2008, there was a study
on the status of child care homes in the country and an
overwhelming number of child care homes could not
meet the basic minimum standards set by the national
guidelines. Therefore, the government needs to adopt
the minimum standard of child protection and apply
it in action as soon as possible. Likewise, government
also needs to strengthen the capacity of institutions
like MoWCSW, NHRC, CCWB, DCWBs and Nepal Police
in order to planning, implementation, supervision and
monitoring of the child protection. Our present child
protection system is neither effective nor productive
to meet the growing challenges of children in need.
The system lacks conceptual clarity, co-ordination and
resources (both financial and trained human resources)
needed to implement and monitor the plans of action at
the ground level.55
53
Started in 1998 as CWIN Helpline by CWIN-Nepal, the Helpline is now transformed into Child Helpline 1098.
54
Child Protection System in Nepal, In relations to MDG by Gauri Pradhan, from Millennium Development Goals and
Children, The Post 2015 Development Agenda, (page 92), Editor Professor Bishwa Keshar Maskay, Government of
Nepal Government of Nepal, Action Aid and SOS Children’s Village (2013).
35
4.5 Expected role of different Stakeholders for child protection, especially protection of
children at risk
S. No. Areas of Child
Protec on
Expected Role of Different Stakeholders
Remarks
Government
Donors and Partners
Civil Society Organiza ons
01
Child Labour
Approve and implement the
Master Plans on Child Labour
(2015-2020)
Support implementa on the
Master Plans for reintegra on
of child labour.
Campaign for Child Labour
Free VDCs, Municipali es and
Districts and collaborate with
the Government for rescue,
repatriate and reintegra on.
Master Plans of Child
Labour (2004-2014)
not implemented and
new Master Plans of
Child Labour (20112014) not yet approved
by the government
02.
Children in Prison
and Children in
Contact with the
Laws
Introduce child friendly jus ce
administra on to reform and
socialize children in contact
with the laws
Support sensi zing junior
level judiciary and police
officers in districts for
handling cases of children in
contact with the law in a child
friendly way for their best
interest.
Help resolve the cases of
children in contact with the
laws through community
media on (also with the help
of community police) in a child
friendly way. Also, collaborate
with the government for training
and sensi za on of local level
judiciary and police officers.
GoN adopted
Procedural Guidelines
on Juvenile Jus ce
03.
Child Marriage
Organize massive campaign
to raise socio-legal awareness
against early marriage in
community level where
prevalence of child marriage
is high.
Support the government and
CSOs to organize massive
socio-legal awareness against
child marriage in community
level where prevalence of
child marriage is high.
Collaborate with the
government to raise massive
socio-legal awareness against
child marriage in the community
level where prevalence of child
marriage is high.
04.
Corporal
Punishment
Develop na onal guidelines
to prevent and control all
forms of corporal punishment
everywhere.
Support government, CSOs
and Teachers’ Unions to
prevent and control all forms
of corporal punishment.
government and Teachers’
Unions for preven on and
control of all forms of corporal
punishment.
05.
Children with
Disabili es
Develop new na onal plans of
ac on to prevent and control
causes of child disabili es
and for community based
reintegra on of children with
disabili es.
Support to develop new
NPA to prevent and control
child disabili es and support
local bodies and CSOs for
preven on, protec on and
reintegra on of children with
disabili es.
Collaborate with government
for preven on, protec on
and reintegra on of children
with disabili es in family and
community.
06.
Children
without Family
or Abandoned
and Neglected
Children
Formulate and implement
na onal plans of ac on for
social reintegra on and
alterna ve care of children
without family and abandoned
and neglected children
Support to formulate and
implement the government’s
na onal plans of ac on
for social reintegra on
and alterna ve care of
children without family and
abandoned and neglected
children
government to formulate and
implement the na onal plans
of ac on for social reintegra on
and alterna ve care of children
without family and abandoned
and neglected children
There is a Na onal
Policy and Ac on Plan
Related to People with
Disability, 2006.
36
Contd..
Protec on
Government
Donors and Partners
07.
Ins tu onalisa on
and Inter-country
Adop on of
Children
Discourage ins tu onaliza on
of children and undertake
transparent procedures of
the inter-country adop on of
children by reforming exis ng
regula ons, procedures and
guidelines for alterna ve
care for children, na onal
minimum standards of child
care homes and inter-country
adop on.
Support the government and
CSOs/NGOs ini a ves for
amendment of the exis ng
regula ons, procedures and
guidelines for alterna ve
care for children, na onal
minimum standards of child
care homes and inter-country
adop on.
Lobby the government for the
amendment and formula on of
required exis ng regula ons,
procedures and guidelines for
alterna ve care for children,
na onal minimum standards of
child care homes and intercountry adop on.
08.
Harmful Tradi ons
and Prac ces
Formulate and implement
na onal plans of ac on
to prevent and control all
kinds of harmful tradi ons
and prac ces which are
discriminatory, exploita ve
and against the best interest
of children
Assist the government CSOs/
NGOs/CBOs to formulate and
implement na onal plans of
ac on to prevent and control
all kinds of harmful tradi ons
and prac ces which are
discriminatory, exploita ve
and against the best interest
of children.
Campaign for formula on and
implementa on of NPA to
prevent and control all kinds of
harmful tradi ons and prac ces
which are discriminatory,
exploita ve and against the
best interest of children. Also
provide necessary support to
the vic ms/survivors of harmful
tradi ons and prac ces with the
help of government.
09.
Sale, Trafficking
and Abduc on of
Children
Sensi ze and strengthen
the state’s instruments and
mechanisms to prevent and
control the sale, trafficking
and abduc on of children
and support the vic ms
and survivors through 4Rs
approach.
Help strengthen the state’s
instruments and mechanisms
to prevent and control
the sale, trafficking and
abduc on of children and
strengthen CSOs and NGOs
capacity to support the
vic ms and survivors through
4Rs approach
Help strengthen the state’s
instruments and mechanisms
to prevent and control the sale,
trafficking and abduc on of
children and strengthen capacity
to support the vic ms and
survivors through 4Rs approach
10
HIV/AIDS
Con nue ART, VCT and PMTCT
Programme and formulate
plans of ac on to protect
HIV infected children from all
forms of discrimina on.
Help support the government
and NGOs for taking
ini a ve to prevent from
all forms of socio-economic
discrimina on of children.
government to appropriately
deliver government services to
the HIV/AIDs infected persons
and fight for their human rights
for treatments and against
discrimina on.
11
Street Children
Formulate na onal policy on
street children and guidelines
for CSOs/NGOs working for
street children.
Help support government for
formula ng required na onal
policy and guidelines on
street children and for NGOs
for socializa on, services and
social re-integra on.
Update baseline on street
children and strengthen
services for street children for
socializa on, psuycho-social
counseling and reintegra on to
the family and society.
Remarks
Meaning of the 4Rs
Approach Rescue,
Repatria on,
Repara on and
Reintegra on
37
Contd..
Protec on
Government
Donors and Partners
12.
Children Affected
by Armed Conflict
Formulate na onal policy
and procedural guidelines
and prepare a na onal status
report of children affected
by the armed conflict for the
purpose of their reintegra on
with family and society.
Help support government
and NGOs for formula ng
na onal policy and
programme and for their
implementa on.
Help implement the
programmes prepared by the
government for the socializa on,
skill and educa on and social reintegra on. Of children affected
by the armed conflict.
13
Statelessness and
Children
Make child friendly
cons tu on, policy and NPAs
to ensure the rights of children
of statelessness.
and NGOs for making child
friendly cons tu on, law s
and NPA.
Advocate and campaign to
ensure the rights of the children
of statelessness in cons tu on,
law and NPA.
14
Internet Online
Harms
Develop required regula ons
and policy to make people
aware and monitor the
Internet On-line harms for
children.
and NGOs for formula ng
necessary regula ons and
policy to effec vely make
people aware and monitor
the Internet Online harms for
children.
Advocate, lobby and campaign
for required regula ons and
policy for protec ng children
from Internet Online harms.
15
Children as Zones
of Peace and
Protec on
Formulate na onal guidelines
and NPA to declare the
schools and children as zone
of peace and protec on.
and CSOs /NGOs for making
and implementa on of
guidelines and NPA on
children as zones of peace
and protec on.
Advocate, lobby and campaign
for CZOPP and collaborate
with the government for the
implementa on of CZOP
guidelines and NPA.
Remarks
39
Chapter 5
Recommendations
and Conclusions
The situation analysis of child rights has found that Nepal
has made a considerable achievement in promotion and
protection of the rights of the child. However, it could have
done far better, if there had been no armed conflict and
political instability in the past. The situation is gradually
improving, but the government still has a long way to go
in terms of providing stability, security and progress for
people in general and children in particular. After the
restoration of democracy and human rights, particularly
following the CPA 2006, people have dreamt of peace,
progress and prosperity for their children, which are still
far off from being translated into reality. Government and
political parties have made their commitments time and
again for making child friendly constitution, national laws
and national policies to ensure the rights of the child, and
unfortunately they are far beyond the realization. Moreover,
many existing laws and mechanisms are not found to be
functionally effective. Learning from the experiences of
past, it is felt that the country needs to formulate a long
term planning with a special focus on short term, medium
term and long term planning to fight against causes of
all forms of child discrimination, exploitation and abuse
and ensure the children’s fundamental rights for survival,
protection, development and participation in areas
concerning their overall development and best interest.
As such, it is recommended that priority should be given
to the following issues and concerns for a systematic
development of rights of children in the time to come.
Implementation
Monitoring
Donors
Child Rights
SDG2016-2030
New NPA on Children National
Procedural Guidelines on Child
Rights
CFLG and National Child
Protection Policy
Strengthening the role and
capacity of NHRC, CCWB,
DCWB, Child Committee
CSOs/
NGOs
Policy and Planning
New Child Friendly Constitution
New Children’s Act
New NPA on Children
National Procedural Guidelines
on Childre
Govt.
System Approach to Child Rights
40
Main Recommendations to DPs including Royal Norwegian Embassy (RNE) in Nepal
S.N.
Recommenda ons
Time Frame
Short Term
(Within One Year)
Poten al Partners
Mid-Term
(From One to Five Years)
Long Term
(From One to Ten Years)
01.
Compulsory birth, death
and marriage registra on
for vital sta s cs.56
Review and assess the
ongoing system of vital
registra on to up-date the
basic informa on of children
for the purpose of promo on
and protec on of the rights
of the child.
Develop required so ware
and train human resources
of VDCs and Municipali es
to maintain the vital
registra on and basic
informa on of children
for policy, planning and
programmes to ensure the
rights of the child.
Establish a child rights
wing as an integral part
of VDC and municipality
for the purpose of regular
planning, implementa on
and monitoring of the
programmes for the rights of
children.
MOFALD
MWCSW
And CSOs/NGOs
02.
Quality, inclusive,
meaningful and
compulsory educa on
for children in public
ins tu ons.
Advocate and campaign for
Quality, inclusive, meaningful
and compulsory educa on
for children in public schools
and ECDC.
Train and sensi se teachers,
SMCs, and concerned
government officers.
Review and assess
the exis ng tools and
methodologies to evaluate
the performance of teachers
for quality, inclusive,
meaningful and compulsory
educa on in public schools.
Ministry of Educa on
Department of
Educa on and
concerned CSOs/
NGOs.
03.
Enhance child friendly
governance and
mainstreaming of
child rights in the local
development.
Advocate and campaign
for implementa on of the
CFLG and sensi se the local
governments.
Mainstream child rights
issues into development
planning of local
development.
Develop required
modality for planning,
implementa on and
monitoring of the child
rights mainstreaming into
the local development.
MOFALD
MoWCSW
CSOs/NGOs
Strengthen inter-agency
co-opera on and
collabora on (between
the government
agencies, between the
government and NGOs/
INGOs, UN Agencies and
partners of interna onal
development coopera on)
Develop required modality
of inter-agency co-opera on
to be co-ordinated by
MoWCSW in central level, by
DDC/DCWB in district level
and by VDC and municipality
in local level respec vely.
Strengthen the capacity of
MoWCSW, DDC/DCWB and
VDCs and Municipali es;
and NHRC for effec vely
undertaking their coordina ng, supervision
and monitoring role
respec vely.
role of co-ordina ng
and monitoring bodies
for effec ve planning,
implementa on and
monitoring of the
development programmes
in a regular and systema c
way.
MoWCSW
CCWB
DDC/DCWB
CSOs/NGOs
04.
53
Vital statistics are statistics on live births, deaths, fetal deaths, marriages, (migration: writer) and divorces. The most common way of collecting information
on these events is through civil registration, an administrative system used by governments to record vital events which occur in their populations. Efforts to
improve the quality of vital statistics will therefore be closely related to the development of civil registration systems in countries.
(source: http://en.wikipedia.org/wiki/Vital_statistics_(government_records)
41
Contd..
05.
Adop on of
comprehensive Child
Rights Act and Improve
Nepal's Legal Framework
with Posi ve Standard
in line with Interna onal
Commitment
Organise dialogues and
consulta ons with the
concerned stakeholders in
different levels to sensi se
the need of an integrated
and comprehensive child
rights act.
Advocate and lobbying
with the government and
parliament for the adop on
of the integrated and
comprehensive child rights
act.
Build socio-legal awareness,
sensi se and train law
enforcing agencies for the
effec ve enforcement of the
act once it is adopted by the
legislature parliament.
Ministry of Law, Jus ce
Cons tuent Assembly
and Parliamentary
Affairs, Legisla ve
Parliamentary
Commi ee on Women,
Children, , Elderly
and Social Welfare,
MoWCSW, CCWB,
CSOs and NGOs
06.
Na onal Plans of Ac on
(NPA) for Children and
children at risk
exis ng NPA on children and
develop new one for the
period of 2015-2030 along
with the post MDGs or SDGs
with the focus on protec on
of children at risk.
Develop required NPAs,
na onal child protec on
policy, guidelines and
minimum standards of
services dedicated for
the protec on of the
rights of children at risk
in a comprehensive and
par cipatory way.
Implementa on and
periodical monitoring and
review of the progress of the
NPA on children and other
na onal guidelines and
minimum standards for the
protec on of children.
MoWCSW
CCWB
NHRC
CSOs/NGOs
07.
Access to jus ce and
child-friendly law
enforcing agencies and
protec on of child rights.
Develop procedural
guidelines for law enforcing
agencies for child protec on
and preven on of outside
influence of judiciary process
from the point of complaint
handling to inves ga on to
court hearing.
Strengthen women and
child service center of
Nepal Police and sensi se
all law enforcing agencies
on the protec on of the
rights of the child.
Explore the possibility of
child friendly community
jus ce for the best interest
of children in need.
Publish a periodical report
on the rights of children
with special focus on
protec on of children and
children’s right to jus ce.
MoWCSW
CCWB
NHRC
Nepal Police
CSOs/NGOs
08.
Gender sensi vity,
social inclusion and
empowerment of girls
Trace out all provisions in
laws policies and guidelines
which are not gender
sensi ve and discriminatory
to the girls and advocate/
campaign for their
amendments.
Develop and implement
required policies, plans
and programmes to
address the issues and
concerns of gender based
discrimina on, violence and
inequality, and to empower
the girls.
Empower girls everywhere
no ma er whether it is
planning, programming
and implementa on of the
programmes from local
levels to the central level.
MoWCSW
Department of Women
and Children
CCWB, DCWBs
CSOs/NGOs
09
Strengthen and expand
child helplines 1098 and
104
Strengthen the Child
Helplines 1098 and
Missing Children Alert 104
for informa on sharing,
psychosocial counseling,
rescue and protec on
of children and their
reintegra on in family and
society.
Expand and re-strengthen
the services of Child
Helplines throughout the
country and especially in
the areas where problems
like human trafficking,
street children, WFCL and
other children at risk is
compara vely very high.
Develop na onal and
interna onal networking
of Child Helplines 1098
and undertake a periodical
review of the effec veness
of its services for the
protec on and reintegra on
of children at risk in the
society.
MoWCSW
Department of Women
and Children
CCWB
CSOs and NGOs
42
Contd..
10.
System approach to child
protec on
Develop appropriate
Na onal Policies, Guidelines
and NPAs to help protect
and promote the rights of
children at risk.
Implement the programmes
of ac on to rescue, refer,
repara on and reintegra on
of the children at risk with
their family and community.
Develop a system approach
to protect and empower
children at risk through
ini a ng a systema c
planning
MoWCSW
Nepal Police
MoL
MOFALD
NHRCCCWB
CSOs/NGOS
11.
Establishment of Na onal
Resource Centre on Child
Rights
Establish and strengthen the
Na onal Resource Centre on
Child Rights.
Publish the state of the
rights of the child in an
annual basis.
Regular review and
assessment of mid-term and
long –term na onal plans of
ac on on child rights
CCWB
12.
Establishment of an
Independent Child
Rights Commission
or to strengthen the
NHRC Commissioner
responsible for the child
rights
Lobby and advocate for
making a child rights desk
within NHRC and help
strengthen its system for the
promo on and protec on of
child rights.
Strengthen the child rights
monitoring system in NHRC
under the leadership of the
commissioner responsible
for child rights.
Lobby and campaign to
establish an independent
child rights commission in
the country.
NHRC
13.
Lobby, campaign and
social mobiliza on for
na onal policy and NPA
on Child Protec on.
Develop IEC materials for
social awareness. campaign
and social mobiliza on in
community level.
Organize a systema c
massive awareness on child
protec on in schools
na onal policy and NPA on
child protec on in an annual
basis.
MoWCSW
14.
Strengthen the child
protec on mechanism in
district, municipality and
VDC level.
Establish the child protec on
mechanism in local level
Strengthen the local level
child protec on mechanism
in all districts.
effec veness of the local
level child protec on
mechanism in an annual
basis.
MoWCSW
CCWB
CSOs/NGOs
15.
Mainstreaming child
rights into the planning,
implementa on and
monitoring based on
system approach to
development
Develop NPA based on CFLG
to mainstreaming child
rights into the na onal
development programmes.
Implement the NPA based
on CFLG into the annual
development planning from
local level to the central
level
Review and assess
the effec veness of
mainstreaming child rights
into the development in a
regular basis.
MOFALD
CCWB
CSOs/NGOs
43
References
1.
Central Child Welfare Board (CCWB) and CONSORTIUM,
Strategic Review of Child Clubs in Nepal, 2011-2012,
2. Central Child Welfare Board (CCWB), Standards for
Operation and Management of Residential Child Care Homes,
2012, Central Child Welfare Board (CCWB)
3. Central Child Welfare Board and Consortium of Organizations
Working for Child Participation (CONSORTIUM), December
2012.
4. Central Department of Sociology/Anthropology, Tribhuwan
University, Neal Social Inclusion Survey 2012, Caste, Ethnic
and Gender Dimensions of Socio-Economic Development,
Governance and Social Solidarity, Yogendra B. Gurung, Bhim
Raj Suwal, Meeta S. Pradhan, Mukta Singh Tamang, March
2014
5. Children as Zones of Peace and Child Protection (CZOPP) and
Consortium of Organizations Working for Child Participation
(Consortium-Nepal), (June 2014, Kathmandu).
6. CWIN and Save the Children (2010): A Study on the Sexual
Abuse of Street Boys in Kathmandu
7.
CWIN Nepal, Children affected by Armed Conflict, Published
by CWIN, 2003
8. CWIN, Child Helpline Operational Guidelines, 2064
9. CZOPP, Consortium, General Comment of the Committee
on the Rights of the Child, “General Comments from 1 to 17”,
(CZOPP, CONSORTIUM-Nepal, Date not specified)
10. Dahal Bhola Prasad, CHILD PARTICIPATION IN SCHOOLS
OF NEPAL: ROLE AND CONTRIBUTION OF CHILD CLUBS, A
Thesis Submitted to School of Education in Partial Fulfillment
of the Requirements for the Degree of Doctor of Philosophy
in Education, Kathmandu University Dhulikhel, Nepal, January
2014
11. Government of Nepal, NATIONAL PLAN OF ACTION FOR
CHILDREN, NEPAL Approved by the Council of Ministers on 3
September 2012 and implemented 2004/05–2014/15
Government of Nepal, Child Friendly Local Governance,
Operational Guidelines, 2012
13. Government of Nepal, CHILD POVERTYAND DISPARITIES
IN NEPAL, National Planning Commission, Singh Durbar,
Kathmandu, Nepal, April, 2012
14. Government of Nepal, Ministry of Federal Affairs and Local
Development, Child Friendly Local Governance (CFLG)
Operational Guideline, 2068
15. Government of Nepal, Ministry of Federal Affairs and
Local Development, CRVS Comprehensive National Level
Assessment Report, 2014, Nepal
16. Government of Nepal, Ministry of Federal Affairs and Local
Development, Government of Nepal, Child Friendly Local
Governance (CFLG) Strategy, 2068
17. Government of Nepal, Ministry of Women, Children and Social
Welfare, Nepal, The Rights of the Child (2013, Kathmandu),
p.3.
18. Government of Nepal, Ministry of Women, Children and
Social Welfare, Ten Years Strategic Planning (2014-2024)
and the First Year’s Plans of Action, 2070
19. Government of Nepal, Ministry of Women, Children and
Social Welfare, National Policy for Children, 2013.
12.
20. Government of Nepal, School as Zone of Peace (SZOP),
Directives of Government of Nepal, Ministry of Education
May 2011
21. Government of Nepal, National Planning Commission,
UNICEF New Era. Child Poverty and Disparity in Nepal, Report
Overview 2010
22. Government of Nepal, Office of Prime Minister and Council
of Ministers, Law and Human Rights Divisions, A Study on
Gender-Based Violence Conducted in Selected Rural Districts
44
of Nepal, 2012
23. ILO: NEPAL CHILD LABOUR REPORT based on data drawn
from the Nepal Labour Force Survey 2008, ILO and Central
Bureau of Statistics (CBS) Nepal, January 2011
24. MINISTRY FOR FOREIGN AFFAIRS OF FINLAND, Country
Strategy for Development Cooperation with NEPAL, 2013–
2016
25. NHRC, Trafficking in Persons, Especially on Women and
Children in Nepal, National Report 2011, NHRC, Office of the
Special Rapporteur on Trafficking in Women and Children,
Harihar Bhawan, Pulchowk, Lalitapur, Nepal, December 2012
26. Pradhan Gauri, Alternative Care for Children, (From
Alternative Care of Children, Challenges and Emerging
Opportunities in Nepal), Published by UNICEF and SOS
Children’s Village, Sanothimi, Bhaktapur, Nepal
27. Pradhan Gauri, Child Protection System in Nepal, (From
Millennium Development Goals and Children, The Post 2015
Development Agenda Edited by Professor Bishwa Kesar
Maskay 2013, published by Action Aid and SOS Children’s
Village Nepal.
28. Pradhan Gauri, Federalism and Human Rights: International
29.
30.
31.
32.
33.
34.
Experiences and Nepal Perspectives, Towards Federalised
Democratic Nepal, Edited by DB Gurung, Narad Bhardwaj,
Khagendra Neupane, Aparajita Acharya, published by Friends
of Peace (FFP), 2009
Pradhan Gauri, Question of Policy Response and Practical
Reforms on Street Children, a paper n Nepali presented by
Gauri Pradhan on “Policy Dialogue and Street Children”
organized by CWIN in November 14, 2014, Kathmandu, Nepal
The Institute degli Innocenti, Florence THE ROLE OF
INTERNATIONAL COOPERATION IN TACKLING SEXUAL
VIOLENCE AGAINST CHILDREN, Background Paper for the
International Conference in Rome, November 29-30, 2012
Tribhuwan University, Faculty of Law, Criminal Law Subject
Committee, Children Rights and Justice in Nepal and Central
Child Welfare Board (CCWB), 2012
UN, UN Convention on the Rights of the Child, 1989
UNICEF Report of National Conference on Alternative Care
for Children edited by Professor Bishwa Kesar Maskay jointly
organized by UNICEF, Save the Children Nepal and SOS
Children’s Village, Nepal, June 15, 2012
UNICEF, Evaluation of CAAFAG Programme Nepal 2008
45
Annexes
Annex A: Evolution of Children’s Rights in Nepal57
SN
Year
1.
1990
2.
1992
3.
1993
4.
1995
5.
1996
6.
7.
8.
9.
57
Key Events/Milestones on Child Rights in Nepal
•
Nepal ra fies the UNCRC and becomes State Party
•
The Cons tu on of the Kingdom of Nepal declares the proper care and development of children including to safeguard the rights
and interest of children and gradual arrangements for free educa on as the responsibility of the State including [Ar cle 26 (8)]
•
Parliament enacts Children’s Act transla ng UNCRC into na onal legisla on
•
Parliament adopts the Social Welfare Act that s pulates special programmes for the benefit and welfare of children
•
Parliament enacts Labor Act that prohibits recrui ng children below 14 years for employment
Labor Regula on puts labor act into implementa on
•
Cabinet brings Children’s Rules to put children’s act into opera on
•
GoN submits the incep on report to UNCRC Commi ee Geneva
•
GoN ini ates separate cells for women and children in district police offices to act upon complaints against viola ons of child
rights. These arrangements now exist in 26 districts.
1998
•
GoN adopts “Minimum Standard Rules” for child welfare homes to ensure the best interests of children that cover provisions for
registra on, opera on, monitoring and supervision.
1999
•
The GoN enacts the Child Labor (Prohibi on and Regulariza on) Act that defines hazardous work and prohibits the employment of
children under the age of 14.
•
The Parliament approves the Local Self-Governance Act that makes local body responsible for the benefit and welfare of children
2000
2002
•
GoN establishes Juvenile Benches in all 75 district courts to deal with cases related to children in conflict with the law.
•
GoN forms central child welfare board at central level and district child welfare board in all 75 districts
•
GoN establishes Na onal Human Rights Commission as per Act of 1998, as a na onal mechanism in the preven on of human
rights viola ons, including viola ons of children’s rights
•
GoN appoints the first Execu ve Director for CCWB. Now the third one works at CCWB as the Secretary/ED
Dahal Bhola Prasad, CHILD PARTICIPATION IN SCHOOLS OF NEPAL: ROLE AND CONTRIBUTION OF CHILD CLUBS, A Thesis Submitted to School of Education
in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Education, Kathmandu University Dhulikhel, Nepal, January 2014
46
Contd..
SN
Year
Key Events/Milestones on Child Rights in Nepal
10.
2004
•
Cabinet approves the first Na onal Plan of Ac on on Children, 2004/5 – 2014/15 and revises in 2012
•
Cabinet approves child protec on commi ee guidelines that extend child rights body up to VDC level and formalizes child
par cipa on in VCPC and DCPC
•
GoN approves a comprehensive Na onal Master Plan on Child Labor that aims to eliminate the worst forms of child labor by 2010
and all forms of child labor by 2015.
•
GoN submits its first and second CRC periodic report to the CRC Commi ee Geneva
•
Cabinet approves the Child Labor (Prohibi on and Regulariza on) Regula on, 2062 to implement the Act of 1999.
•
GoN ini ates appoin ng child rights officer in 25 districts that reaches now in all 75 districts
•
Cabinet approves juvenile jus ce (Procedural) Rules, 2063 that ensures children below 18 years have right to child friendly court
•
Child Centre Welfare Board publishes child par cipa on guide book that gives framework and modali es of child par cipa on/
child clubs
•
Interim Parliament promulgates the Interim Cons tu on of Nepal that incorporates fundamental rights of children (Ar cle 22)
11.
12.
13.
2005
2006
2007
14.
2008
15.
2009
16.
17.
18.
19.
2010
2011
2012
2013
•
Cabinet approves the Na onal Plan of Ac on (NPA) for Reintegra on of Children Affected by Armed Conflict
•
Ministry of Educa on approves Social Audit Guidelines that includes a child representa ve into school level social audit commi ee
•
Department of Educa on includes child club as stakeholder to run student enrollment campaign and accepts child club member
into school level student enrollment commi ee
•
Cabinet adopts Inter-country Child Adop on Terms and Procedures, 2065
•
Ministry of Local Development approves social mobiliza on guidelines that ensures two representa ves of children into all Ward
Ci zen Forums and Ci zen Awareness Center
•
Ministry of Educa on approves Learning without Fear Guideline that include child club representa ve into school level commi ee
•
Cabinet approves the Emergency Child Rescue Fund (Opera onal) Rules, 2067
•
Ministry of Educa on approves na onal framework of child friendly school for quality educa on in 2067 that promotes safe,
suppor ve and enabling learning environment in each school with a child club
•
Ministry of Educa on approves schools as zones of peace guideline that includes representa ves of child club into school level
commi ee
•
Cabinet approves Na onal Strategy and Opera onal Guidelines on Child Friendly Local Governance in 2068 that ensures
par cipa on of children in local level planning process with 15% budget alloca on from local bodies to children and their issues
•
Cabinet approves children’s policy 2069 that ensures children’s rights to survival, development, protec on and par cipa on with
at least alloca on of 10% of fund to children at all levels
•
Cabinet approves comprehensive standards for Child Care Homes
•
GoN submits its combined third, fourth and fi h CRC periodic report to CRC Commi ee Geneva
•
Cabinet approves local body resource mobiliza on and management guidelines that ensure at least 10% budget alloca on from all
VDCs, municipali es and DDCs to children and their needs
47
Annex B: Some National Laws
on Child Rights and Child Protection
S.N.
Titles of Na onal Laws on child
rights
A brief account of the na onal laws on child rights
Remarks
01.
Children’s Act 1992
Nepal has enforced the first specialized legisla on en tled
Children’s Act in 1992. The Act has embraced a posi ve standard
for rights and welfare of children. It has ar culated mechanism:
rights, du es, authority, and responsibili es of the State, parents
and children. The Children’s Act 1992 is regarded as the first
comprehensive law in Nepal since the incep on of the Na onal
Codes (Muluki Ain, B.S. 2020).
The Act was amended for the first
me on 21 June 2000 a er 8 years
of its implementa on.
02.
Child Labour (Prohibi on and
Regularisa on) Act, 2000
Provisions of prohibi on and regulariza on of child labour
are men oned in the Factory and Factory Workers Act, 2016,
Children’s Act 1992 and Labour Act 1992. A er the signing and
ra fica on of ILO Conven on No. 182 on the Worst Forms of
Child Labour, Nepal has introduced a na onal law en tled “Child
Labour (Prohibi on and Regularisa on) Act, 2000.”
Neither has child labour been
effec vely controlled and nor
have the issues and concerns of
child labour been appropriately
addressed despite the exis ng laws.
03.
Human Trafficking and Transporta on
(Control) Act, 2064 (2007)
Human Trafficking and Transporta on (Control) Act, 2007
addresses the problem of human trafficking and transporta on
is regarded as one of the toughest acts being operated in the
country.
However, there are so many cri cal
issues unresolved about the rights
and protec on of the vic ms and
survivors of human trafficking while
enforcing it in ac on.
04.
Legal Provisions regarding the
Adop on of Child (Related to the
Inter-country Adop on) and Intercountry Adop on Development
Board (Forma on) Order, 2067
(2011)58
The provision related to Inter-country adop on is built in
general in The Na onal Code, 1964 and Children’s Act 1992.
Though Children’s Act, 1992, has no substan ve provision on
ci zenship, but Sec on 6 of the Children’s Act prohibits any
kind of discrimina on between biological and adopted children
in ma ers of their upbringing, educa on or health care on the
ground of their sex.
No comprehensive legal provision
on Inter-country Adop on is
arranged so far in the country.
05.
Juvenile Jus ce Procedural Rules,
2063 (2006)
A procedural guideline to deal with children in contact with laws
from the point of complaint to inves ga on and hearing in the
juvenile bench.
This is adopted by the government
of Nepal as per the Children’s Act
1992.
58
The government has issued the Inter country Adoption Development Board (Formation) Order, 2011. Clause 3 of the Order states that the committee will
work as the central authority, however, the authority is not acknowledged under the Terms and Conditions, 2065. Clause (i) and (j) of section 4 states that
the Board may exercise the similar power under the auspicious of the Ministry of Women, Children and Social Welfare (Writers).
48
Annex C: Child Protection Indicators in Nepal
ISSUE/Indicators
Figure
# and % of children 5-17 working
3,140,000
40.4%
# and % of children 5-17 engaged in child labour
1,600,000
20.6%
# and % of children 5-17 engaged in hazardous child labour
Year
Source
2008
CHILD LABOUR
“NaƟonal Child Labour Report 2011”, figures from
Nepal Labour Force Survey (NLFS) 2008
620,000
8%
COMMERCIAL SEXUAL EXPLOITATION
Es mated # of girls trafficked to India for sexual exploita on annually
12,000
2001
Interna onal Labour Organisa on (ILO) and Child
Workers in Nepal (CWIN)
Es mated # of girls in commercial sexual exploita on in Nepal
16,000
2009
Na onal Centre for AIDS and STD Control
“NaƟonal EsƟmates of HIV InfecƟons”, published
2010
Es mated # of girls and women currently working in the night
entertainment industry in the Kathmandu Valley
11,000-13,000
2010
Terre des hommes (Tdh) “Handbook for policymakers on trafficking of children for sexual
exploita on”
CHILD ABUSE
% of children 2-14 subjected to any form of violent discipline
83%
% of children 2-14 subjected to extreme forms of violence discipline
18%
Poorest=24.5%
Richest=11.6%
% of caregivers who believe children need to be physically punished
40%
2010
Mul -Indicator Cluster Survey (MICS4) 2010,
conducted in Mid and Far West Regions only.
INSTITUTIONALISATION
# of children in residen al ins tu onal care
11,134
in 759
registered
centres in 34
districts
2012
Central Child Welfare Board (CCWB),
8 December 2012 Update
% of children in residen al ins tu onal care who have at least one
parent
58%
2008
Central Child Welfare Board (CCWB), Survey
supported by Amici dei Bambini, carried out in
454 centres in 37 districts (70% registered, 30%
not registered)
% of children below 15 not living with a biological parent (regardless
of whether 1 or both are alive or dead)
5.5%
2011
Nepal Demographic and Health Survey (NDHS)
% of children below 18 not living with a biological parent (regardless
of whether 1 or both are alive or dead)
7.4%
49
ISSUE/Indicators
Figure
Year
Source
Kathmandu:
338-619
Elsewhere: (17
urban areas)
350-540
2012
Jean-Christophe Ryckmans, Child Protec on
Centres and Services (CPCS), “The Street Children
of Nepal”,
Sources: CPCS, Voice of Children (VOC), Child
Workers in Nepal (CWIN)
STREET CHILDREN
# of children 6-18 who mainly live on the street without any family
support (street living children)
Es mated total number in Nepal (includes 50% street living, 25%
street family children, and 25% street working children)
Contd..
5,000 out
of whom
1200-1500 in
Kathmandu
Valley
EARLY MARRIAGE
% of girls aged 15-19 who are married
74.3%
40.3%
32%
28.8%
1961
2001
2006
2011
% of popula on below 14 who are married
11.5%
2011
Na onal Census
48.9%
F: 58.2%;
M:37%
2011
Na onal Census
% of women 15-49 forced to live in cow sheds during menstrua on overall
12%
2010
Mul -Indicator Cluster Survey (MICS4),
% of women 15-49 forced to live in cow sheds during menstrua on -in
Mid-West mountains only
58%
% of married popula on age 10 and above who were married
between 15 and 19
HARMFUL TRADITIONAL PRACTICES
CHILDREN IN CONFLICT WITH THE LAW
# of juveniles in police custody
1024
2010
Advocacy Forum, monitoring in 20 districts, 57
deten on loca ons
% of juveniles who have experienced torture in police custody
22.3%
2010
Advocacy Forum, “Torture of Juveniles in Nepal
A Serious Challenge to the Jus ce System, June
2010”, survey of 957 juveniles interviewed
between April 2009 and March 2010
# children formerly associated with armed forces and armed groups
11,000
2011
United Na ons
# children displaced during conflict
40,000
2005
Child Workers in Nepal (CWIN)
CONFLICT–AFFECTED CHILDREN
50
Contd..
ISSUE/Indicators
Figure
Year
Source
42%
Poorest=35.6%
Richest=52.1%
2011
1.6%
2001
United Na ons Economic and Social Commission
for Asia and the Pacific (UNESCAP)
15%
2011
World Health Organisa on (WHO)/World Bank
(WB) es mate at global level
% of women who think that bea ng is some mes jus fied
50%
2010
Mul -Indicator Cluster Survey (MICS4) 2010,
% of women 15-49 who experienced violence since age 15
34%
2011
837
374
44.7%
2012/13
BIRTH REGISTRATION
% of children under 5 who are registered
DISABILITY
Es mated % of disabled popula on
DOMESTIC VIOLENCE
MISSING CHILDREN
Recorded Missing (boys 429 and girls 408)
Children con nued to be missing (boys 145 and girls 229)
Un-tracing rate (boys 33.5% and girls 56.1%)
The State of Children in Nepal 2014. Central Child
welfare Board, Nepal
51
Annex D: Child Rights Budget
Tracking of International Co-operation
Child Rights Budget Tracking
The Project-wise Commitments and Disbursement for FY 2011-12
S.N.
1.
Counter Part
Ministry
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
TFD-11/NEP/002_ Improving nutri onal status of children by
demonstra ng kitchen garden model in schools and its vicinity,
Gorkha-1
FAO
2.
TFD-10/NEP/004: Improving nutri onal status of school children and
community people through increased produc on and consump on of
fruits and vegetables, Ruppakot- VDC-9, Tanahu
FAO
3.
TFD-10/NEP/006 - Improving nutri onal status of school children and
community people through increased produc on and consump on of
fruits and vegetables, Nirmal Pokhari VDC, Ward No. 1, Kaski
FAO
9,125
4,500
4.
TFD-10/NEP/003: Improving nutri onal status of children by
demonstra ng kitchen garden model in school and its vicinity Jhirubas-4, Palpa
FAO
9,930
4,500
TA 7025: Educa on Sector Program (Subprogram III)
ADB
6.
TA 7760: Support for the Implementa on of School Sector Reform
ADB
7.
School sector Reform Program (SSRP)
ADB, AusAid,
Denmark,
DFID. EU,
Finland, IDA,
JICA, Norway,
Private Ci zen,
UNICEF
8.
School Sector Programme (School Sector Reform Programme) Cofinancing by Australia
- ADB
- AusAid
9.
Adolescent Girls Employment Ini a ve
- DFID, World
Bank Trust
Funds
10.
Educa on for vulnerable and marginalized children in Nepal
EU
5.
Ministry of
Agriculture
Development
Project Title
Ministry of
Educa on
150,628
173,194
99,660,813
182,005,065
3,465,000
1,031,996
130,272
52
Contd..
S.N.
Counter Part
Ministry
Project Title
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
11.
Enhancing the Capacity of School Aiming to Provide Quality
Educa onal Opportuni es for All: Special Focus on Poor and
Marginalised Communi es in Western Terai Districts
EU
12.
Access to educa on for vulnerable and marginalized groups in Karnali
EU
13.
Promo ng quality and inclusive educa on for out of reach children in
Nepal
EU
14.
Second Higher Educa on Project (including JSDF Secondary School
S pend project)
- IDA
- World Bank
Trust Funds
15.
Promo ng Quality Educa on through Community Based School
Management
JICA
290,750
16.
Promo ng Quality Educa on through Community Based School
Management Follow-up
JICA
226,682
17.
PCR 2, IR 3: Peace & Emergency Educa on Stakeholder capacity in
disaster risk reduc on, preparedness, response & recovery enhanced
to ensure educa on of children (girls & boys) & adolescent girls
during humanitarian crises in line with the CCCs.
UNICEF
486,459
165,184
11,073,574
18.
PCR 2, IR 2: Child Friendly Service delivery
UNICEF
1,484,771
19.
PCR 2, IR 4: Community Mobiliza on and Capacity Building
UNICEF
490,450
20.
PCR 2, IR 1: Educa on sector Policy lobby and advocacy
UNICEF
191,218
21.
51-13444001-KAT (Educa on) Enhancing policy, planning and
monitoring for achieving the goals of EFA in the context of School
Sector Reform (SSR) and federalism
UNESCO
49,460
22.
51-12409016-KAT (Educa on) Suppor ng na onal efforts to improve
policies for achieving quality basic educa on for all
UNESCO
17,639
23.
51-12400015-KAT (Educa on) Support Nat effort for assessing
secondary educa on policy in light of School Sector Reform Prog
(SSRP)
UNESCO
44,918
Reducing Child Malnutri on through Social Protec on
ADB
618,592
25.
PCR5, IR 2 – Na onal Governance
UNICEF
405,031
26.
Programme Component Result: PCR5, Intermediate Results: IR 1 –
Local Governance
UNICEF
1,915,481
27.
PCR 6, IR 3 – Cluster leadership and equitable access and use of
emergency WASH services in line with the CCCs & Sphere standards.
UNICEF
229,217
24.
Ministry of
Federal Affairs
and Local
Development
53
Contd..
S.N.
Counter Part
Ministry
Project Title
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
28.
PCR 6, IR 2: HHs and ins tu ons especially in MDAG VDCs in DACAW,
diarrhea prone & low sanita on coverage districts increasingly u lize
improved sanita on, hygiene and water supply facili es.
UNICEF
1,402,955
29.
PCR5, IR-3: Legisla on, social protec on, social budge ng, child
poverty
UNICEF
224,283
Nepal Health Sector Programme NHSP-II
AusAid, DFID,
IDA, KfW
31.
Health Sector Support Programme (HSSP)
GIZ
1,358,670
32.
Establishment and opera on of a safe birthing/new born care
(SBNBCC) centre and providing outreach mother and child health
services in Goljung Village of Rasuwa District
EU
68,651
33.
Improving maternal and child health in Nepal
EU
199,384
34.
Nepal Round 10 Proposal to Contribute to the Achievement of
Millennium Development Goals 4,5,6
GFATM
3,033,497
1,667,040
35.
Nepal Round 10 Proposal to Contribute to the Achievement of MDGs,
4,5,6 / Save the Children
GFATM
3,418,605
2,346,679
36.
Scaling Up Coverage and Quality of HIV & AIDS Preven on targeted to
Most at Risk Popula on and Treatment Care and Support Services to
PLHA / Save the Children
GFATM
37.
Promo on of Maternal and Child Health at 4 VDCs in Nawalparasi
District
JICA
224,968
38.
School Health and Nutri on Project
JICA
883,615
39.
School Led Safe Water, Sanita on and Hygiene Improvement in Mid
western areas of Nepal (Su-SWASTHA)
USAID
40.
Suaahara (Good Nutri on)
USAID
41.
PCR 1, IR 2: Maternal and Child Health and nutri on –services for
women, children and adolescent girls
UNICEF
4,380,607
42.
PCR 1, IR 3: Access & u liza on of micronutrients (Vitamin A, iron
tablets, MNP Powder, Iodized salt) with focus on children, adolescent
girls & mothers in disadvantaged groups and urban areas increased.
UNICEF
617,520
43.
PCR 1, IR 1: Maternal and Child Health and Nutri on –Equity focused
Policy and Strategy Support
UNICEF
314,206
44.
PCR 1, IR 4: Maternal, Newborn, child health and adolescents survivalCommunica on for Development
UNICEF
543,497
45.
PCR 3, IR 3: CABA specifically adolescent girls have access to
programmes to strengthen their life skills and to protec on
mechanisms that provide them with protec on and care services
from families, communi es and government in interven on areas.
UNICEF
67,059
30.
Ministry of
Health and
Popula on
13,142,331
46,000,000
33,125,741
7,812,031
54
Contd..
S.N.
Counter Part
Ministry
Project Title
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
46.
PCR 1, IR 5: Capacity of Govt/ Stakeholders in disaster risk reduc on,
preparedness, response & recovery enhanced to ensure H&N status
of children, adolescents girls & women during humanitarian crisis
UNICEF
260,910
47.
PCR 3, IR 2: Adolescent girls and boys specifically MARAs and EVAs
have comprehensive knowledge and skills to protect themselves from
HIV in interven on areas.
UNICEF
24,443
48.
PCR 3, IR 1: Pregnant women and adolescents from MARP groups in
interven on areas, who need ARV treatment, are empowered to opt
for appropriate services for themselves and their children.
UNICEF
25,950
49.
WASH Lifesaving Support Project- Preven ng deaths of vulnerable
popula on (children and women) through lifesaving WASH promo on
and response (CERF Nepal Project)
United Na ons
Human
Se lements
Programme
31,457
50.
Maternal Health Trust Fund (MHTF)
United Na ons
16,993
51.
Delivering Essen al Reproduc ve Health Care, Educa on and
Counseling to Vulnerable Women and Adolescent Girls of Nepal
affected by conflict (HSTF)
United Na ons
75,635
52.
Sunaula Hazar Din, Community Ac on for Nutri on Project
World Bank
Trust Funds
40,000,000
53.
Scaling Up Nutri on Ini a ve –Technical Assistance (SUNITA)
World Bank
Trust Funds
135,000
54.
SENEP1003982 - Improving health and nutri on during key stage
of life-including pregnancy, childbirth, neonatal period, childhood,
adolescence and older age-promo ng equity
WHO
340,017
55.
SENEP1003990 – Programme for Immuniza on Preventable Diseases
WHO
26,835
56.
SENEP1206729 - Improving health during key stage of life including
pregnancy, childbirth, neonatal period, childhood, adolescent, older
age promo ng gender equality, equity and human rights
WHO
57.
Ministry of
Home Affairs
UNICEF
58.
Ministry of
Labour &
Employment
Support to the Implementa on of Nepal’s Na onal Plan on the
Elimina on of Child Labour
ILO
59.
Ministry
of Peace &
Reconstruc on
Ac on for Social Inclusion of Children Affected by Armed Conflict in
Nepal (ASIC)
EU
Realiza on of the rights and the sustainable reintegra on of children
and youth formerly associated with armed forces and armed groups
(CAAFAG) in Nepal
EU
60.
375,000
24,969
229,217
280,000
114,670
55
Contd..
S.N.
Counter Part
Ministry
Project Title
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
61.
Rehabilita ng Children and Suppor ng Families and Communi es
Affected by Armed Conflict in Nepal
EU
62.
UN Interagency Rehabilita on Programme for Verified Minors and
Late Recruits (VMLRs) Project
- UNDP
- UNPF
63.
Ensuring recogni on of sexual violence as a tool of conflict in the
Nepal peace building process through documenta on and provision
of comprehensive services to women and girl vic ms/survivors
(SGBV).
United Na ons
Popula on
Fund
64.
Support to the Rehabilita on of Verified Minors and Late Recruits
(UNIRP).
United Na ons
Popula on
Fund
PCR 6, IR 1 – Na onal WASH Programme formulated, ensuring the
incorpora on of gender, social inclusion and equity issues
UNICEF
66,659
66.
UNICEF
229,217
67.
Orienta on on Total Sanita on and Behavioural Change to Schools,
Communi es and Local Stakeholders in Bardiya
United Na ons
Human
Se lements
Programme
66,972
20,092
68.
Communi es and Local Stakeholders in Gulariya and Tikapur
Municipali es
United Na ons
Human
Se lements
Programme
9,000
2,700
69.
Communi es and Local Stakeholders in Bajura
United Na ons
Human
Se lements
Programme
67,000
20,100
70.
Communi es and Local Stakeholders in Sindhupalchowk
United Na ons
Human
Se lements
Programme
181,804
71.
Capacity Building on Total Sanita on and Behavioural Change to
Schools, Communi es and Local Level Stakeholders in Bardiya Districts
– II
United Na ons
Human
Se lements
Programme
92,892
65.
Ministry
of Physical
Planning,
Works and
Transport
Management
155,112
48,718
1,835,471
384,106
56
Contd..
S.N.
Counter Part
Ministry
Project Title
Donor
Agency
Funding
FY 2011-2012
New
Commitments
Actual
Disbursements
72.
Capacity Building on Total Sanita on and Behavioural Change to
Schools, Communi es and Local Level Stakeholders in Arghakhanchi
United Na ons
Human
Se lements
Programme
210,410
73.
Capacity Building on Total Sanita on and Behavioral Change to
Schools, Communi es and Local Level Stakeholders in Sunsari Districts
United Na ons
Human
Se lements
Programme
177,881
Gender Equality and Empowerment of Women Project
ADB
75.
Reintegra on of Children/ Youth formerly associated with Armed
Forces and Armed Groups and Children Affected by Armed Conflict in
Nepal – Phase IV
AusAID
430,452
76.
Australian Youth Ambassadors for Development (AYAD) and
Volunteering for Interna onal Development from Australia (VIDA)
AusAID
863,987
77.
Freed Kamaiyas Livelihood Development Project
EU
190,196
78.
Save the Children Strategic Framework for Coopera on 2010-2012
Norway
79.
PCR 4, IR 4: Child Protec on – Armed Conflict
UNICEF
2,047,222
80.
PCR 4, IR 1 – Legisla on and Jus ce System
UNICEF
303,853
81.
PCR 4, IR 3: Community- Based and Coordina on/ Referral
UNICEF
2,157,156
82.
PCR 4, IR 2: Social Welfare Services
UNICEF
528,909
83.
poverty
UNICEF
224,283
PCR5, IR5: Evidence and disaggregated informa on on the Situa on of
Children and Women generated and made available to policy makers
through a KM system
UNICEF
52,600
85.
PCR5, IR - 4: Par cipa on and Partnerships
UNICEF
100,075
86.
poverty
UNICEF
224,283
74.
84.
Ministry of
Women,
Children &
Social Welfare
Na onal
Planning
Commission
Secretariat
Grand Total Amount
2,492,816
210,383,978
269,926,872
57
Annex E: Major Bi-lateral Donor Partners Supporting
for Child Rights Programmes
S.N.
Agency
1.
Theme
Plan v/s Programme
Development
Objec ve 3:
Increased Human
Capital
•
Decrease in neonatal mortality rates in targeted districts
•
Increase in Skilled Birth A endance
•
Increase Contracep ve Prevalence Rate
•
Reduced na onal stun ng prevalence rate
•
Improved reading skills of children in grades one through three
•
Gender Equality and Social Inclusion (GESI): Understanding and carefully
considering Nepal’s unique and complex social structure ......explicitly
iden fy and seek to narrow gaps between men and women, boys and
girls, and different caste and ethnic groups.
•
Youth: With 37 percent of Nepal’s popula on under age 15, Youth
play an important role in all USAID ac vi es, and a number of USAID
interven ons—par cularly in ins tu onal capacity building (DO 1), health
(DO 3), Feed the Future (DO 2), and environment (DO 2)—explicitly
target youth. Under this CDCS, USAID Nepal will seek to strengthen youth
employment opportuni es, healthy behaviors, and engagement in local
and na onal governance.
•
Access to Quality Primary Educa on
•
Chhaupadi and Child Marriage Elimina on/ Chhaupadi elimina on
project
•
RH
•
Micronutrient Powder Supplementa on for Children in Food Insecure
Districts of Nepal
•
Basic and Secondary Educa on
•
Nutri on and Health
•
Freed Haliya and Kamaiya Empowerment Project
•
ECD
•
Informal Released Children Associated with Armed Forces and Armed
Groups (CAAFAG) and Verified Minors & Late Recruited (VMLR) support
program
•
School construc on/Community Educa on Program
•
Child Centered Disaster Risk Reeduca on (CCDRR)
USAID
Cross Cu ng
Considera ons
2.
DFID
Who What Where
Data 2011
Reference
Country Development
Coopera on Strategy
Summary – FY 20142018
Who What Where Data
58
Contd..
S.N.
Agency
3.
RNE
4.
5.
GIZ
ADB
Theme
Plan v/s Programme
•
Child Protec on
•
Safe schools and CCDRR
•
Child Imita ve Project (CIP)
Educa on - School
Sector Reform
(2009-2014)
•
Assist the Government of Nepal in promo ng social equity and poverty
reduc on through a well-func oning public educa on programme. In
par cular, the project aims to ensure equitable access and quality basic
educa on for all children in age group 5-12.
Educa on in
emergency, flood
affected Mid-West
Nepal
•
To resume the educa on ac vi es for children (boys, girls and
marginalised children) affected by flood with a Disaster Risk Reduc on
component and counselling.
Good Governance
- Child Friendly
Local Governance
(UNICEF) - (20132015)
•
The objec ve of the project is to mainstream Child Rights (Survival,
Development, Par cipa on and Protec on) issues in the policies,
systems, structures, and mechanism and working processes of local
government.
Women’s Rights,
Gender and
Social InclusionEnhancing Media
Support for
Reduc on of
Violence Against
Women
(2013-2016)
•
The project aims to enhance media support to reduce the harmful
cultural and tradi onal prac ces affec ng women in Nepal.
Suppor ng
Measures to
Strengthen the
Peace Process
•
Disadvantaged segments of the popula on are being included in the
measures and the needs of members of lower castes (Dalits) and ethnic
minori es (Janaja s) as well as of women and young people are being
addressed. Those involved formulate their needs independently and
measures are being planned and implemented transparently and on a
partnership basis with all relevant actors.
HEALTH SYSTEM
STRENGTHENING
(HSSP)
•
Improving the quality of maternity services to ensure safe delivery,
and on promo ng access to sexual and reproduc ve health services
for adolescents. The Programme also supports the implementa on of
na onal health insurance for equitable health financing and HIV
•
preven on for the high-risk group of injec ng drug users.
PROMOTION
OF LOCAL
GOVERNANCE AND
CIVIL SOCIETY
•
Par cular a en on is paid to ensuring that disadvantaged groups;
women and children take a greater part in planning and implemen ng
ac vi es.
EDUCATION
•
Educa on system that is efficient, effec ve, and accountable to ensure
equitable and inclusive access to all levels of educa on
Reference
Projects we support
ADB Business Plan
2015-2017
59
Contd..
S.N.
6.
7.
Agency
Ausaid
Finland
Embassy
Theme
Plan v/s Programme
NON-LENDING
PRODUCTS
AND SERVICES,
2015–2017
•
Children Service Centre
EDUCATION
•
Invest in be er quality educa on, enabling young people to gain
knowledge and skills to contribute produc vely to society.
HEALTH
•
health—par cularly health systems—so that women, men and children
can achieve be er health and live healthy and produc ve lives
BUILDING
RESILIENCE:
HUMANITARIAN
ASSISTANCE,
DISASTER RISK
REDUCTION
AND SOCIAL
PROTECTION
•
Including natural disasters, conflict, and economic shocks (such as food
and fuel price spikes) severely undermine growth, reverse hard-won
development gains and increase poverty and insecurity. Women and
children are o en the most exposed to these risks, losing income and
opportuni es and facing increased risk of sexual and gender based
violence during crises.
GENDER EQUALITY •
AND EMPOWERING
WOMEN AND
GIRLS
to empower women and girls and promote gender equality
Realisa on of
economic , social
and cultural rights
within the context
of economic
empowerment and
adequate service
delivery
•
Supports in Educa on, WASH sector, rural areas and most disadvantaged
groups like dalit girls
•
Equal and universal access to relevant quality educa on
•
Health indicators should soon start to improve in the poor regions and
children’s, especially girls’, school a endance should rise.
STRENGTHENED
WASH POLICY,
PLANNING AND
MANAGEMENT
8.
JICA
EDUCATION AND
HEALTH
9.
SWISS
government
CONTRIBUTION
TO AN INCLUSIVE
FEDERAL STATE,
HUMAN SECURITY
AND THE RULE OF
LAW
•
Reference
Australian aid
Country Strategy
for Development
Coopera on with
NEPAL 2013–2016
Sectors such as educa on, health and rural roads, where donor
coordina on and collabora on of interna onal financial ins tu on are
proceeding, Japan par cipates in the discussion for aid co-ordina ons
to ensure the maximum efficiency and transparency of development
assistance.
Country Assistance
Policy for Nepal
To reduce gender based violence
Swiss Coopera on
Strategy for Nepal
2013-2017
60
Contd..
S.N.
Agency
Theme
Plan v/s Programme
Reference
10.
World Bank
VOCATIONAL
EDUCATION AND
TRAINING
•
Strengthening the technical and voca onal educa on and training system
in Nepal.... More girls and people from disadvantaged group will join
Nepal Country
Snapshot
SCHOOL SECTOR
REFORM
PROGRAM
•
To support the government’s SSRP to increase access to and improve
quality of school educa on, especially for marginalized groups. The three
main components of the program focus on (i) basic educa on (Grades
1-8); (ii) secondary educa on (Grades 9-12); and (iii)
•
strengthening ins tu onal capacity
NEPAL
AGRICULTURE AND
FOOD SECURITY
PROJECT
•
... improved feeding and caring prac ces for pregnant and nursing
women and children up to two years of age.
NEPAL SOCIAL
SAFETY NET
PROJECT
•
To improving the nutri onal status of women and children.
NEPAL SECOND
HNP AND HIV/AIDS
PROJECT
•
To enable the government to increase access to essen al health care
services and their u liza on by the poor and the underserved. Its targets
•
are to increase the percentage of pregnant women receiving iron and
folic acid to 87 percent, with 90 percent of children being fully immunized
and skilled a endance at 35 percent of births
NEPAL
COMMUNITY
ACTION FOR
NUTRITION
PROJECT (SUNAULA
HAZAR DIN)
•
Aims to inculcate a tudes and prac ces known to improve the nutri on
of women of reproduc ve age and children under the age of two, thereby
crea ng demand for nutri on-related services and products
EDUCATION
SECTOR
•
Contribu on to the School Sector Reform Programme
LOCAL GRANT
AUTHORITY (LGA) –
FLEXIBLE SUPPORT
TO MINOR
PROJECTS
•
Women, children and youth
•
HIV/AIDS
•
3. Culture.
SUSTAINABLE
RURAL
DEVELOPMENT:
•
Improve maternal, infant and child nutri on in rural areas
EDUCATION
•
To contribute to equitable access and comple on of quality school
educa on for girls and boys and the provision of literacy and livelihood
opportuni es for adults, boos ng individual, family and wider social and
economic development
11.
12.
DANIDA
EU
DENMARK – NEPAL
COUNTRY POLICY
PAPER2013-2017
MULTIANNUAL
INDICATIVE
PROGRAMME (MIP)
2014-2020 NEPAL
61
Annex F: UNICEF and Major INGOs
Supporting for Child Rights Programmes
S.N.
Agency
Theme
Plan v/s Programme
13
Plan Nepal
Country Strategic
Plan
Health
improving neonatal and maternal health, HIV
transmission, and care for the disabled
Basic educa on
increasing access to basic educa on (ECED through
Grade VIII), improving the quality of educa on, and
strengthening governance in educa on
Child protec on
protec ng the rights of working children, reducing the
trafficking of girls and women and other forms of genderbased violence, registering all births, and promo ng
meaningful child par cipa on
Child-centred disaster
risk management
building the resilience of children and their families and
communi es in the face of disasters, par cularly floods
and earthquakes; increasing the capacity of disaster
actors to prac ce child-centred disaster risk management
(CCDRM); and integra ng child-centred disaster risk
reduc on into its educa on, health and protec on
programmes
CFLG
•
July 2010 – June
2015
14
•
•
•
UNICEF-Nepal
Rolling Work Plan
2013-201762
62
Educa on
•
•
•
•
•
•
•
•
•
•
Local Body will adopt CFLG (district, municipali es,
VDCs)
Capacity building of children and adult stakeholders
on child par cipa on in local planning process
Local level plan will focus on children’s issues (annual
and district’s periodic plan)
Promo ng the inclusive child club’s and par cipa on
will be more inclusive whereas marginalized
and deprived group of children will get more
opportuni es
Review of policies, provisions, plans and programs
Ini ate/support various campaigns
Capacity building of children and their stakeholders
Development of various materials
Media Mobiliza on
Promote Gender and Social Inclusion
Post-2015 Dev agenda and Educa on
Evidence based research and study
Partnership
ECCD, Basic Educa on, Secondary Educa on
promo on program
http://unicef.org.np/uploads/files/86105169462228244-nepal-eighth-2013-2017-cp-layout-final-web-version.pdf
Reference
Program Strategies :
• Including the most
marginalised and socially
excluded in decision-making
• Immersing itself in the
worlds of children and their
communi es
• Increasing the capaci es of
both rights-holders and dutybearers
• Promo ng advocacy at all
levels
• Integra ng ini a ves
• Integra on of programme
and sponsorship
• Monitoring, evalua on and
research
62
Contd..
S.N.
Agency
Theme
Plan v/s Programme
•
•
•
•
•
Health
•
•
•
•
•
•
Protec on
•
•
•
•
•
•
•
•
SPEA
•
•
•
•
•
•
•
•
•
Child par cipa on in Educa on
School and DRR
Parental awareness package
Promo ng SZOP, CF school, CF teaching and Learning,
Non-violence Teaching Learning
Empowerment of Adolescent girls
Support to develop na onal level policies and plan
related to maternal, neonatal, child and adolescent’s
health
Research and study
Capacity building of stakeholders
Immuniza on Program
Evidence based district planning
Training, awareness and system strengthening
provisions to address HIV & AIDS
Policy level advocacy (plan, legisla on, programs,
sectoral)
Forma on of na onal child protec on mechanism
Survey and research
Develop resource materials, plans, programs,
manuals, IEC materials
Working for Street Children and their protec on
issues
Child Protec on and DRR
Child Protec on in Judiciary process, training,
discussion, lobby
SZOP ini a ves
Capacity building
Policy revision and assessment
Data collec on and analysis and repor ng
Lobby to include child rights studies in different
universi es and training centres (Police, staff college)
Mul ple Indicator Cluster Survey (MICS5)
Coordinate and support collabora ve ac on on birth
registra on including BR campaign through LGCDP
Awareness on Vital registra on and child grant (
targeted to Dalit children)
Facilita ng ins tu onal birth informa on from health
ins tu on to VDC secretary/ local registers
BR campaign linking with vitamin A, immuniza on
and other public campaign
Social Audit, monitoring of BR and social protec on
situa on
Reference
63
Contd..
S.N.
Agency
Theme
Plan v/s Programme
WASH
•
•
•
•
ADAP
•
•
•
•
•
•
•
15
WVIN
Strategic Plan
2010-2013
Maternal Child Health
and Nutri on
•
•
Educa on
•
•
Livelihood
•
•
Support the government for a harmonised and
coordinated na onal WASH planning, monitoring and
evalua on mechanism (Na onal/Regional)
Provide guidance and technical assistance for
knowledge management, Research and Development
ODF campaign
WASH and DRR, CFLG, ECD
Na onal Plan of Ac on on Holis c Adolescent’s
Development
Final TYP aligned with NPA on holis c adolescent
development
Develop Na onal Opera on Guideline to ensure
meaningful and ethical par cipa on of Adolescent
Capacity building of Adolescents and concern
stakeholders to ensure meaningful and ethical
par cipa on of adolescents from family to state
Develop comprehensive social and financial skills
package and train Govt. and CSO
Adolescents centric and adolescents friendly radio
program
intergenera on dialogue ac vi es
Promote condi ons and prac ces that contribute to
improving child health and nutri on.
Ac vi es will include nutri on monitoring and
mother/child health educa on
improve the access to quality educa on for children
increase the propor on of primary age children
comple ng primary educa on, promote girl’s
educa on, Early Childhood Development (ECD),
teacher training focused on child-friendly
methodologies, child club’s mobiliza on
increase income levels through two interven ons:
increase agricultural produc on through organic
farming
build the capacity of for sustainable community based
coopera ves
Water, Sanita on and
Hygiene (WASH)
•
Promote safe drinking water, ODF VDCs,
HIV and AIDS
•
Prevent or slow down the spread of HIV, promote
ac ve par cipa on of child peer educators in schools
and child clubs,
Advocacy
•
Child centric and child friendly policy influence
Humanitarian Emergency
Affairs
•
Child centric DRR response and awareness
Reference
64
Contd..
S.N.
Agency
Theme
Plan v/s Programme
16
SC : Nepal
Country Office
Strategic Country
Annual Plan-CRG
& CP64
CRG and CP
•
•
•
•
•
•
•
•
•
64
As per the email received from Save the Children in Nepal
Child Rights Monitoring
Strengthening na onal systems
Building awareness and capacity
Child Par cipa on Global Indicator
Harmful tradi onal prac ces/ children sexually
abused and exploited/ Children without appropriate
care (CWAC)
Strengthening child protec on system at the na onal
and community level
Protec on against harmful child labour, CWAC,
Children sexually abused and exploited
Reference
65
Annex G: Check list for interview and interaction
with the stakeholders on child rights
1. Advent of Child Rights and Legal Framework
1.1
1.2
1.3
1.4
1.5
Why do you think child rights are essential for the state?
How did Nepal join the international community to promote and protect the child rights?
Do you think Nepal’s internationalization of the child rights was process oriented?
How do you think the impact of mainstreaming child rights into the state system?
Are child rights really a part of existing state system (instruments and mechanisms) in the country?
2. Situation of child rights: progress and challenges
2.1
Could you please share your thoughts about improving in the following areas?
• Child education:
• Child health:
• Water and sanitation for children:
• Child nutrition:
2.2 How do you think that the issues and concerns of children of traditionally marginalized communities (for instances
children of so-called lower caste and neglected and discriminated communities, situation of child marriage and
chhaupadi) are responded by the state system?
2.3 Do you think that the state has improved the situation of children living and working in the most difficult
circumstances (for instances: child labour, street children, children with disabilities, trafficking in children, children
in contact with laws, abandoned and neglected children, child marriage, situation of girl children, HIV/AIDS, children
under the institutional care and so on) as per the national plans of action?
2.4 What do you think are the challenges faced by children involved in and affected by the armed conflict?
2.5 How do you see the work of Government Agencies, UN Agencies, Donors Partners and NGOs/INGOs in the
prevention and protection violence against children including child abuse and neglect (for instances sexual abuse
and rape, corporal punishment, domestic violence, child accidents, children in online and so on)?
66
3. Child protection system
3.1 What is the existing prevention system of child abuse, exploitation and neglect?
3.2 How effective is the existing child protection system in the country?
3.3 Could you please elaborate the existing practices and challenges of access to justice and child-friendly justice
administration in Nepal?
3.4 What is the situation of inter-agency co-operation and challenges for child protection?
3.5 What is the situation and challenges of socialization and reintegration of children?
4. Lesson learned and inspiring practices
4.1
4.2
4.3
4.4
4.5
What is an example of the best practice of the state’s understanding and internalization of child rights into a
practice?
What is an example of best practice of child participation?
What is an example of the social reintegration of children associated and affected by the armed conflict?
What is an example of advocacy and social re-integration of children rescued from trafficking for commercial
sexual exploitation and abuse?
What is an example of best practice of collaboration to prevent and control violence against children in the
country?
5. Recommendations and conclusions (Your inputs on)
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
National laws and policies on child rights.
National mechanisms on child rights.
Mainstreaming child rights into the local to national development planning.
Strengthening the child-friendly local governance system
Strengthening advocacy and social mobilization on the promotion and protection of child rights.
Applying system approach to development in all levels of planning, implementation and monitoring.
Strengthening inter-agency co-operation on prevention and control of all forms of violence against children.
Redefining social re-integration of children at risk.
Reforming existence justice system for children
Making of child-friendly constitution
Annex H: List of Participants of Consultation,
Interview and Focus Group Discussion
Consultation with NHRC
25th January, 2014
S.N.
Name
Designa on
Organiza on
1.
Ms. Mohana Ansari
Hon. Member
Na onal Human Rights Commission
2.
Ms. Manju Kha wada
Programme Officer
(Focal person Child Rights)
Na onal Human Rights Commission
Consultation with CCWB
22nd December 2014
S.N.
Name
Designa on
Organiza on
3.
Mr. Tarak Dhital
Execu ve Director
4.
Ms. Namuna Bhusal
Programme Manager
Consultations with Government Representatives
22nd December, 2014
S.N.
Name
Designa on
Organiza on
5.
Gopi Khanal
Joint Secretary
Ministry of Federal Affairs and Local Development
6.
Krishna Prasad Paudyal
Director General
Department of Women and Children
7.
Ramkrishna Adhikari
Under Secretary
Ministry of Health and Popula on
8.
Kiran Rupakhetee
Under Secretary
Ministry of Women Children and Social Welfare
9.
Ananda Paudel
Under Secretary
Ministry of Educa on
67
68
Consultations with Civil Society Group
3rd December, 2014
S.N.
Name
Designa on
Organiza on
10.
Ms. Indira Joshi
Representa ve
CBR Patan/Consor um
11.
Ms. Shan Vaidya
Representa ve
CBR Patan
12.
Mr. Noor Jung Shah
Representa ve
Consor um Secretariat
13.
Mr. Madhu Dawadi
Representa ve
CWIN-Nepal
14.
Mr. Jiyam Shrestha
Representa ve
NACRO/Concern
15.
Mr. Samipa Khanal
Representa ve
Child Nepal
16.
Mr. Krishna Subedi
Representa ve
Child Nepal/HRTMCC
17.
Mr. Kumar Bha arai
Representa ve
Consor um
18.
Mr. Madhav Pradhan
Representa ve
SAIVAC/NAOS
Focus Group Discussion with Children
23rd November, 2014
S.N.
Name
Designa on
Organiza on
19.
Mr. Amar Shiwako
Representa ve
Lalitpur Child Club Network
20.
Ms.Manju BK
Representa ve
KTM Valley level child club
21.
Mr. Manoj Maharjan
Representa ve
Consor um Child Advisory Board
22.
Mr. Suresh Magar
Representa ve
Lalitpur child club network
23.
Mr. Sandesh Achhami
Representa ve
Bhaktapur Chlid Club Network
24.
Mr. Shree Krishna Thapa
Representa ve
25.
Ms. Anusha Thapa
Representa ve
Kopila Child Club
26.
Ms. Kri Karki
Representa ve
Kopila Child Club
27
Ms. Aruna Rai
Representa ve
Kopila Child Club
28.
Ms. Pushpa Mangran
Representa ve
Namuna child club
29.
Ms. Santosh Achhami
Representa ve
Namuna child club
30
Ms. Ashish Achhami
Representa ve
Namuna child club
31.
DeiB Mr. Dipesh Bishunkhe
Representa ve
Consultations with Development Partners
23rd December, 2014
S.N.
Name
Designa on
Organiza on
32.
Ms. Karuna Onta
DFID
Social Development Advisor
33.
Ms. Anjali Serchan Pradhan
UNICEF
Chief, CFLG Unit
34.
Ms. Freema Dawis
Global Family
Execu ve Director
35.
Mr. Tarak Dhital
CCWB
Execu ve Director
36.
Mr. Bhola Prasad Dahal
Royal Norwegian Embassy
Governance Advisor
37.
Mr. Munir Mammadrade
UNICEF
DIC Chief, Child Protec on
38.
Mr. Bipina Sharma
ILO
Na onal Project Coordinator
39.
Ms. Andrea Arslan
Germany Embassy
Consultation with the Child Rights INGOs
22nd December, 2014
S.N.
Name
Designa on
Organiza on
40.
Mr. Dilli Guragai
Senior Specialist – Child Rights Governance and
Protec on
Save the Children
41.
Ms. Marianne Hagen
Senior Advisor – Child Rights Governance and
Protec on
Save the Children
42.
Ms. Arpanah Rangong
WVIN
43.
Mr. Subhasha Shrestha
Plan Nepal
44.
Mr. Naujeet Karmacharya
TDH
Consultation with National Planning Commission
7th January 2015
S.N.
Name
Designa on
Organiza on
45.
Dr. Bimala Rai Poudyal
Hon. Member
Na onal Planning Commission
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70
Consultation with Child Rights Experts
24th December 2014 and 7th January 2015
S.N.
Name
Designa on
Organiza on
46.
Mr. Milan Dharel
Associate Professor
Kathmandu School of Law
47.
Mr. Dilli Gurangai
Senior Specialist – Child Rights Governance and
Protec on
Save the Children
48.
Ms. Sumnima Tuladhar
Execu ve Coordinator
CWIN
Consultation with UNICEF
28th November 2014
S.N.
Name
Designa on
Organiza on
49.
Mr. Munir Mammadrade
DIC Chief, Child Protec on
UNICEF
50.
Ivan Rai
Child Protec on
UNICEF
Development cooperation between Norway and Nepal
Nepal is one of 12 focus countries in Norwegian development cooperation. In these
countries, Norway supports efforts to promote long-term poverty reduction, democracy
and human rights.
Norway seeks to contribute to social and economic development in Nepal through our
political dialogue and development cooperation. Norway and Nepal have agreed to three
key areas of development cooperation: (1) energy, (2) education, and (3) democracy
and inclusive governance for 2013-2017. Throughout all three key areas of cooperation,
Norway promotes gender equality, human rights, sound environmental management
and economic transparency.
Towards a Brighter
Future for Children
The Norwegian Embassy strives to promote transparency and include anti-corruption
measures in all our development work. As part of this effort, we publish the contracts
and agreements of the projects we support on our website.
Visit our website and follow us on social media for more information about NorwayNepal relations.
For feedback on the Norwegian development cooperation in Nepal, please send an e-mail.
Contact information
Royal Norwegian Embassy in Kathmandu:
Tel: (+977) 1-5545307
Fax: (+977) 1-5545226
Postal address: P.O.Box 20765 Kathmandu, Nepal
Office address: Surya Court, Pulchowk, Lalitpur
E-mail: [email protected]
Web: www.norway.org.np
Twitter: www.twitter.com/NorwayinNepal
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Gauri Pradhan Indu Tuladhar Sanjog Thakuri