Towards a Brighter Future for Children
Transcription
Towards a Brighter Future for Children
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 A Situation Analysis of Child Rights in Nepal April 2015 Study Team Gauri Pradhan, Human Rights Expert Indu Tuladhar, Gender Expert Sanjog Thakuri, Child Rights Advocate Towards a Brighter Future for Children 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] Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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). Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Central Child Welfare Board (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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 15 The Role of NHRC and CCWB in monitoring & supervision the rights of the child as per the Laws and Regulations9 Central Child Welfare Board 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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). Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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). Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal (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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children 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 A Situation Analysis of Child Rights in Nepal 32 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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). Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Collaborate with the 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 Collaborate with the 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal Contd.. S. No. Areas of Child Protec on Expected Role of Different Stakeholders Government Donors and Partners Civil Society Organiza ons 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. Collaborate with the 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 37 Contd.. S. No. Areas of Child Protec on Expected Role of Different Stakeholders Government Donors and Partners Civil Society Organiza ons 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. Help support the government 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. Help support the government 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. Help support the government 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 Towards a Brighter Future for Children 39 A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. Review and assess the 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) Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Review and assess the 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Review and assess the 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. Review and assess the 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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% Towards a Brighter Future for Children 49 A Situation Analysis of Child Rights in Nepal 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 Nepal Demographic and Health Survey (NDHS) % 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), conducted in Mid and Far West Regions only. % 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal Contd.. ISSUE/Indicators Figure Year Source 42% Poorest=35.6% Richest=52.1% 2011 Nepal Demographic and Health Survey (NDHS) 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, conducted in Mid and Far West Regions only. % of women 15-49 who experienced violence since age 15 34% 2011 Nepal Demographic and Health Survey (NDHS) 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 PCR 6, IR 3 – Cluster leadership and equitable access and use of emergency WASH services in line with the CCCs & Sphere standards. 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. 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 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. Orienta on on Total Sanita on and Behavioural Change to Schools, Communi es and Local Stakeholders in Gulariya and Tikapur Municipali es United Na ons Human Se lements Programme 9,000 2,700 69. Orienta on on Total Sanita on and Behavioural Change to Schools, Communi es and Local Stakeholders in Bajura United Na ons Human Se lements Programme 67,000 20,100 70. Orienta on on Total Sanita on and Behavioural Change to Schools, 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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. PCR5, IR-3: Legisla on, social protec on, social budge ng, child 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. PCR5, IR-3: Legisla on, social protec on, social budge ng, child 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children 59 A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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)? Towards a Brighter Future for Children 66 A Situation Analysis of Child Rights in Nepal 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Central Child Welfare Board 4. Ms. Namuna Bhusal Programme Manager Central Child Welfare Board 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 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 Bhaktapur Chlid Club Network 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 Bhaktapur Chlid Club Network Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 69 70 Towards a Brighter Future for Children A Situation Analysis of Child Rights in Nepal 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 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