Findings on the Worst Forms of Child Labor - Nepal

Child Labor and Forced Labor Reports

Nepal

2015 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2015, Nepal made a moderate advancement in efforts to eliminate the worst forms of child labor. The Ministry of Labor and Employment launched an initiative to conduct unannounced monitoring visits at 100 establishments in formal and informal sectors where child labor is more common. The Ministry of Women, Children, and Social Welfare designated 22 Child Protection Officers and 53 Child Protection Inspectors to investigate and manage cases involving violations of children’s rights. Following the April 2015 earthquake, government agencies took actions to reduce the vulnerability of children to human trafficking. However, children in Nepal are engaged in child labor, including in the production of bricks, and in the worst forms of child labor, including in commercial sexual exploitation. Nepal lacks a compulsory education law, and children ages 16–17 are excluded from the protections of the country’s hazardous work list, leaving children vulnerable to the worst forms of child labor. The Labor Inspectorate’s budget, the number of labor inspectors, and the resources and training are all insufficient for enforcing labor laws, including those related to child labor.

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Children in Nepal are engaged in child labor, including in the production of bricks.(1, 2) Children are also engaged in the worst forms of child labor, including in commercial sexual exploitation.(3-6) Table 1 provides key indicators on children’s work and education in Nepal.

Table 1. Statistics on Children’s Work and Education

Working children, ages 5 to 14 (% and population):

33.7 (2,097,163)

Working children by sector, ages 5 to 14 (%)

 

Agriculture

88.8

Industry

8.1

Services

3.1

School attendance, ages 5 to 14 (%):

89.5

Children combining work and school, ages 7 to 14 (%):

35.2

Primary completion rate (%):

105.7

Source for primary completion rate: Data from 2015, published by UNESCO Institute for Statistics, 2015.(7)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Labor Force Survey, 2008.(8)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

Table 2. Overview of Children’s Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, activities unknown (9-11)

 

Herding and feeding livestock* (12, 13)

Industry

Producing bricks (1, 2, 10, 13, 14)

Quarrying, collecting, and breaking stones, and quarrying and collecting sand* (10, 13, 15)

Construction,*† activities unknown (10, 11, 14)

Weaving carpet† (13, 14, 16, 17)

Producing embellished textiles (zari)† (13, 18)

Producing metal crafts* (10, 14)

Services

Domestic service (11, 13, 14, 19-21)

Working in transportation*† (11, 13, 14, 22)

Working in hotels,* restaurants,* and tea shops* (3, 10, 13)

Portering* (13, 14, 23)

Collecting and selling recyclable waste (10, 24)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (3, 13, 25, 26)

Domestic work* and begging,* each as a result of human trafficking (3, 6, 21, 27)

Forced labor in the production of embellished textiles (zari) sometimes as a result of human trafficking (3, 6, 28)

Forced labor in agriculture,* producing bricks, quarrying and breaking stones, and weaving carpets (6, 16, 29, 30)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children are trafficked within Nepal and to India, the Middle East, Asia, and Sub-Saharan Africa for commercial sexual exploitation.(3, 25, 26) Nepali children are trafficked to India for various types of work, including in the leather and garments industries.(31, 32)

Research indicates that not all children in Nepal have access to education, which increases their risk of engaging in the worst forms of child labor. Some rural villages do not have secondary schools, causing some children to walk for hours to attend classes.(33) The costs of teacher’s fees, books, and uniforms are prohibitive for many families, and some children, often girls, are not sent to school.(34, 35) In addition, a lack of sanitation facilities in schools also deters some girls from attending.(36) Children with disabilities face barriers to education in some cases, including denial of school admission.(37)

Earthquakes in April and May 2015 increased children’s vulnerability to human trafficking and labor exploitation due to the widespread closure of schools and the destruction of services and infrastructure.(38, 39)

Nepal has ratified most key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography

Palermo Protocol on Trafficking in Persons

 

 

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

14

Section 3(1) of the Child Labor (Prohibition and Regulation) Act (40)

Minimum Age for Hazardous Work

Yes

17

Section 3(2) of the Child Labor (Prohibition and Regulation) Act (40)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Schedule 1 of the Child Labor (Prohibition and Regulation) Act (40)

Prohibition of Forced Labor

Yes

 

Section 4 of the Bonded Labor (Prohibition) Act; Section 4 of the Child Labor (Prohibition and Regulation) Act; Sections 3, 4, 15(1), and 15(2) of the Human Trafficking and Transportation Control Act (40-42)

Prohibition of Child Trafficking

Yes

 

Sections 3, 4, 15(1), and 15(2) of the Human Trafficking and Transportation Control Act (42)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Sections 3, 4, 15(1), and 15(2) of the Human Trafficking and Transportation Control Act; Sections 16(2) and 16(3) of the Children’s Act (42, 43)

Prohibition of Using Children in Illicit Activities

No

 

Section 16(4) of the Children’s Act (43)

Minimum Age for Compulsory Military Recruitment

N/A*

 

 

Minimum Age for Voluntary Military Service

Yes

18

Military Service Regulations (44)

Compulsory Education Age

No

 

 

Free Public Education

Yes

 

Section 16D of the Education Act (45)

* No conscription (46)

On September 20, 2015, Nepal adopted a new Constitution, which carried over provisions of the Interim Constitution prohibiting the exploitation of children; the employment of children in factories, mines, and other hazardous occupations; and child trafficking. Provisions from the interim Constitution prohibiting human trafficking, bonded labor, and forced labor were also carried over to the new Constitution.(10)

During the previous reporting period, the Ministry of Land Reform and Management drafted a Bonded Labor Bill, which addresses the elimination of all forms of bonded labor in agriculture, including the Haruwa and Charuwa systems. The bill continues to await finalization by an Inter-Ministerial Committee.(47)

The Child Labor (Prohibition and Regulation) Act sets the minimum age for hazardous work at 17 by defining a child as a minor who has not completed the age of sixteen years. This law is not consistent with international standards as it fails to protect children age 17 from work that could jeopardize their health and safety.(40, 48) The types of hazardous work prohibited for children do not cover brickmaking, a sector in which there is evidence that work involves carrying heavy loads and exposure to hazardous substances.(1, 40)

The legal framework does not specifically prohibit slavery as a form of forced labor.(40-42) While the Human Trafficking and Transportation Control Act increases penalties in cases of child trafficking for prostitution, the legal framework does not include increased penalties for cases involving child trafficking for forced labor.(42) The legal framework also does not explicitly prohibit offenses related to the use of a child in the production of pornography and pornographic performances or the possession of child pornography.(43) While the Children’s Act criminally prohibits the use of children in the distribution of drugs, the law does not prohibit the use of children in the production of drugs and it does not extend to children who are 17 years of age.(43)

There is no compulsory age for education, which increases the risk of children’s involvement in child labor.(45)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Department of Labor (DOL), Ministry of Labor and Employment (MoLE)

Enforce labor laws, including those involving child labor. Investigations and hearings are carried out from 10 District Labor Offices.(49)

Nepal Police Women and Children Service Directorate (Women’s Cell)

Investigate crimes involving women and children, including human trafficking. Conduct work through the Nepal Police Women and Children Service Centers located in all 75 districts.(50) Complaints received about child labor in districts without a District Labor Office can be handled by the Nepal Police.(49)

Ministry of Land Reform and Management

Enforce laws that prohibit bonded labor in agriculture.(51)

Child Protection Officers and Investigators, Department of Women and Children

Investigate and manage cases involving violations of children’s rights. In 2015, the Ministry of Women, Children, and Social Welfare (MWCSW) designated 22 Child Protection Officers and 53 Child Protection Inspectors to carry out these roles.(10, 52)

District Court

Enforce children’s rights stipulated by the Children’s Act.(52)

Office of the Attorney General, Ministry of Law

Prosecute human trafficking-related cases from the district level to the Supreme Court.(50)

Monitoring Action Committees, MWCSW

Investigate reports of commercial sexual exploitation at the district level, including the exploitation of children in the adult entertainment sector.(53)

 

Labor Law Enforcement

In 2015, labor law enforcement agencies in Nepal took actions to combat child labor, including its worst forms (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2014

2015

Labor Inspectorate Funding

Unknown (49)

Unknown (10)

Number of Labor Inspectors

Unknown (49)

7‡ (10)

Inspectorate Authorized to Assess Penalties

Yes (49)

Yes (49)

Training for Labor Inspectors

   

Initial Training for New Employees

Unknown (49)

Unknown

Training on New Laws Related to Child Labor

N/A

N/A

Refresher Courses Provided

Unknown (49)

Unknown (49)

Number of Labor Inspections

945† (10)

1,437‡ (10)

Number Conducted at Worksite

Unknown

Unknown

Number Conducted by Desk Reviews

Unknown

Unknown

Number of Child Labor Violations Found

55† (49)

Unknown (10)

Number of Child Labor Violations for Which Penalties Were Imposed

55† (49)

Unknown (10)

Number of Penalties Imposed That Were Collected

55† (49)

Unknown (10)

Routine Inspections Conducted

Unknown

Yes (10)

Routine Inspections Targeted

Unknown

Yes (10)

Unannounced Inspections Permitted

Yes (49)

Yes (10)

Unannounced Inspections Conducted

Yes (49)

Yes (10)

Complaint Mechanism Exists

Yes (10)

Yes (10)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (10)

Yes (10)

† Data are from the Government of Nepal for the period from July 2013 to July 2014.
‡ Data are from the Government of Nepal for the period from July 2014 to July 2015.

In 2015, for the first time, the Department of Labor (DOL) provided information about labor inspectorate funding. The budget for general labor inspections for the Nepali fiscal year was $7,250, which included a $2,000 budget for inspections focused on child labor.(10) DOL officials noted that the budget was inadequate and had been decreased from the previous year. They also noted that the number of inspectors is inadequate.(10) According to the ILO’s standard of 1 inspector for every 40,000 workers in developing economies, Nepal should employ approximately 380 inspectors in order to adequately enforce labor laws throughout the country.(54-56) Inspectors periodically receive training on child labor laws and inspection, although this training does not necessarily coincide with the beginning of employment.(49)

During the reporting period, DOL increased the number of inspections that exclusively focused on child labor from 92 in fiscal year 2013/2014 to 389 in fiscal year 2014/2015. During fiscal year 2014/2015, 86 children were rescued as a result of DOL referrals to District Child Welfare Boards and NGOs.(10) The Ministry of Labor and Employment (MoLE) also launched an initiative to conduct unannounced monitoring visits at 100 establishments in formal and informal sectors where child labor is more common, including brick kilns, embroidery, hotels, and restaurants.(10)

The size of fines and employer-paid compensation imposed by Labor Officers was not sufficient to deter child labor violations.(10)

In 2015, DOL submitted to MoLE three sets of draft regulatory guidelines that address child labor inspection and monitoring; the rescue, reintegration, and rehabilitation of child laborers; and the litigation and prosecution of cases. MoLE is in the process of conducting a review of the documents prior to granting final approval.(10)

Criminal Law Enforcement

In 2015, criminal law enforcement agencies in Nepal took actions to combat child labor, including its worst forms (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

2014

2015

Training for Investigators

   

Initial Training for New Employees

Unknown

Unknown

Training on New Laws Related to the Worst Forms of Child Labor

N/A

N/A

Refresher Courses Provided

Unknown

Yes (10, 26)

Number of Investigations

136† (49)

181‡ (10)

Number of Violations Found

Unknown

Unknown (10)

Number of Prosecutions Initiated

Unknown

Unknown (10)

Number of Convictions

Unknown

Unknown (10)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (49)

Yes (10)

† Data are from the Government of Nepal for the period from July 2013 to July 2014.
‡ Data are from the Government of Nepal for the period from July 2014 to July 2015.

From July 2014 to July 2015, 181 human trafficking cases involving 280 victims, including 95 victims under age 18, were registered with the police. The majority of the cases involved sex trafficking to India.(10) However, Nepal does not have a centralized database of criminal human trafficking investigations nor a coordinated approach for gathering and storing data.(53)

While the Nepal Police investigators have insufficient resources, during the reporting period, the Government did increase material support and training to the Nepal Police, including to the Women’s Cell, to build their capacity to investigate crimes against women and children.(10) The Ministry of Land Reform and Management lacks the capacity to enforce laws that prohibit bonded labor.(44)

Following the April 2015 earthquake, the Government took actions to reduce the vulnerability of children to human trafficking. The Nepal Police issued orders for personnel at camps for displaced persons, border crossings, and transportation hubs to be alert to activities that may involve child trafficking. Monitoring operations were set up at 10 strategic points on highways, and checkpoints on Nepal’s borders with India and China were increased from 8 to 22.(26)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Child Labor Elimination Section, MoLE

Coordinate, monitor, and report on all efforts to address child labor. Implement a national action plan on child labor once it is approved.(57)

Central Child Welfare Board (CCWB), MWCSW

Monitor and report on the enforcement of laws and the implementation of policies related to child protection in coordination with District Child Welfare Boards.(52) Coordinate with MoLE and civil society to formulate and implement child protection and child labor-related policies.(49) In 2015, CCWB published a child protection mapping and assessment report to provide the Government with recommendations for future child protection policies and programs.(52)

District Child Welfare Boards (DCWBs)

Report on child welfare activities, monitor child care homes, mobilize resources for children at risk, receive and respond to child protection cases, and establish referral mechanisms. Consists of social workers, medical practitioners, and government officials.(52) Child Rights Officers coordinate and monitor child welfare activities and are appointed by, and report to, the DCWBs. In 2015, the number of Child Rights Officers decreased from 75 to 63 due to reduced NGO funding.(10)

National Network Against Child Labor

Serve as a referral mechanism for children who are found in child labor to access services.(58) Consists of District Labor Officers, District Women and Children Officers, officers from the Nepal Police Women and Children Service Centers, Chief District Officers, NGOs, and thousands of youth clubs.(50)

Inter-Agency Coordination Group

Collaborate with the Government in assessing and mapping child protection in Nepal. Composed of UNICEF, Plan Nepal, Save the Children International, Terres des Hommes, World Vision, and World Education International.(59)

National Coordination Committee on Human Trafficking

Serve as the lead agency involved in policy to control human trafficking. Implement laws and counter-trafficking efforts, including working with NGOs to link children to proper services.(50) Formed by the MWCSW and made up of senior officials from the MWCSW and other ministries, as well as representatives of NGOs, intergovernmental agencies, and victims of human trafficking.(50) Enhance coordination between central and district-level officials and NGOs through regular meetings and trainings with officials from District Committees for Controlling Human Trafficking and newly created Village Committees.(53) By 2015, 187 Local Committees for Controlling Human Trafficking had been established by USAID’s Combating Trafficking in Person program, and MWCSW had established 136 Local Committees.(26)

National Human Rights Commission

Monitor and receive complaints on child rights violations.(52) Report on the status of trafficking in persons victims and coordinate with civil society organizations through the Office of the Special Rapporteur on Trafficking.(50, 52)

 

Since the expiration of the National Master Plan on Child Labor (2004-2014), Nepal does not have a mechanism, such as a national steering committee, to coordinate efforts to eliminate child labor across government ministries.(10)

The Government of Nepal has established policies related to child labor, including its worst forms (Table 9).

Table 9. Policies Related to Child Labor

Policy

Description

School Sector Reform Plan (2009–2015)

Targets children out of school and at risk of entering the worst forms of child labor. Aimed to expand access to education and provide alternative schooling and non-formal education to vulnerable populations.(50, 60) Overseen by the Ministry of Education.(50, 60)

National Planning Commission’s Three-Year Plan (2013–2015)

Aimed to create an enabling environment for the protection and promotion of children’s rights, including elimination of child labor and child abuse in all sectors.(49)

National Plan of Action Against Trafficking in Persons (2011–2016)

Promotes and protects the rights of human trafficking victims and survivors, and outlines policies for providing justice and punishing perpetrators.(4) In 2015, MWCSW, with support from the Combating Trafficking in Persons program, conducted 6 two-day regional workshops, covering all 75 districts. Roles and responsibilities of district-level agencies were clarified and the budget and timeline to accomplish the goals of the national action plan were established.(26) Chief District Officers, Women Development Officers, district attorneys, and local officials attended the program.(26)

 

In 2015, MoLE officials worked on a five-year national action plan that aims to eliminate child labor by 2020. MoLE seeks to finalize the draft plan and submit it for Cabinet approval in 2016.(10)

Following the April 2015 earthquake, the Government adopted policies to reduce the vulnerability of children to human trafficking. The MWCSW required that when children under 16 years of age travel, they must be accompanied by a parent or legal guardian, unless an exception was approved by the District Child Welfare Board.(26) The MWCSW also increased monitoring of child welfare homes and temporarily suspended the registration of new homes.(26)

In 2015, the Government of Nepal funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Social Programs to Address Child Labor

Program

Description

Comprehensive Child Labor Program (2011–2015)

UNICEF National Committee-funded program, implemented by UNICEF and municipal governments in collaboration with NGOs, that provided rehabilitation and reintegration services for children rescued from the worst forms of child labor.(49) In 2015, 555 children in exploitative labor were identified and rescued.(10)

Green Flag Movement (2014–2017)†

ILO-funded, municipal government campaign to eliminate child labor. Includes child labor monitoring and awareness-raising activities.(61) Homes and businesses display a green flag to indicate that it is a child labor-free zone. Jointly organized by Lalitpur and Hetauda municipal governments and Children and Women in Social Services and Human Rights in 2014.(10, 61) In 2015, the campaign expanded to Panauti and Dhulikhel municipal governments, resulting in the rescue of two children in each municipality.(10)

Child Helpline – 1098†

MWCSW- and Child Workers in Nepal-funded helpline operated by the Nepal Telecommunications Authority.(10) Responds to calls about missing children, child abuse, child labor exploitation, child trafficking, and child sexual abuse.(62) Currently operates in 13 districts and municipalities.(10, 63) Also operates in Bangladesh, Bhutan, India, Maldives, Pakistan, and Sri Lanka to ensure access for children who have been trafficked in this region.(49, 64)

Country-Level Engagement and Assistance to Reduce Child Labor II (CLEAR II) (2014–2018)

USDOL-funded capacity-building project implemented by Winrock International and partners Verité and Lawyers Without Borders in at least eight countries to build the local and national capacity of the Government to address child labor. Aims to improve legislation addressing child labor issues, including by bringing local or national laws into compliance with international standards, improve monitoring and enforcement of laws and policies related to child labor, collaborate with the South Asia Initiative to End Violence Against Children (SAIEVAC) on a Regional Action Plan on Child Labor, and enhance the implementation of national and local policies and programs aimed at reducing and preventing child labor in Nepal.(65) In response to the 2015 earthquakes, the project is working with the municipalities of Dhulikhel and Panauti to develop and revise Disaster Response Plans to include child protection provisions.(65)

From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project)*

USDOL-funded global project implemented by the ILO to support global and national efforts aimed at combating forced labor of adults and children under the 2014 ILO Protocol and supporting Recommendation to ILO C. 29 on Forced Labor. Includes Mauritania, Nepal, and Peru as priority countries.(66) A list of project activities is to be finalized in 2016.

Towards Achieving the Elimination of the Worst Forms of Child Labor as Priority (ACHIEVE) (2013–2016)

$582,000 Government of Denmark-funded, 3-year program implemented by ILO-IPEC that aims to strengthen national-level capacity and to support the policy environment. Includes the development and testing of a training program and the preparation of a national child labor policy, a revised hazardous work list, and recommendations for upgrading national legislation related to child labor.(67) Projected outcomes include creating child labor-free communities through replicable and scalable models, and strengthening the policy environment and the capacity of institutions that can contribute toward child labor elimination.(67)

Project for the Prevention and Reduction of Child Labor in Restaurants in the Kathmandu Valley (PRE-CLOR) (2011–2015)

Japanese-funded project implemented by Child Workers in Nepal Concerned Center that increased the capacity-building of municipal and ward child protection committees, granted certificate awards for child labor-free restaurants and tea shops, and continued an awareness-raising campaign that included workshops with the MWCSW, the Ministry of Federal Affairs and Local Development, and other stakeholders.(68)

Decent Work Country Program, Nepal (2013–2017)

ILO, MoLE, Federation of Nepalese Chambers of Commerce and Industry, and Nepal Trade Union Congress-implemented program.(69) Key objectives are to provide technical and financial assistance to implement the provisions of ratified conventions on child labor, strengthen MoLE’s child labor monitoring and reporting systems for prevention and early detection, support the mapping of community service providers, and assist the Government to revise a hazardous child labor list.(69)

Combating Trafficking in Persons (CTIP) Project (2010–2016)

$9.1 million USAID-funded, 6-year project to reduce human trafficking and protect the rights of victims. Aims to strengthen protection services for survivors of human trafficking, build the capacity of the judiciary and law enforcement agencies to effectively enforce legal measures and increase prosecutions, and prevent human trafficking by building awareness among groups that are vulnerable to human trafficking for purposes of labor and sexual exploitation.(10, 70)

Support for Schools†

MoLE program that supports five schools in the Kathmandu Valley for children ages 5–16 who are at risk of working in the worst forms of child labor. Provides scholarships to cover associated schooling costs for children outside the Kathmandu Valley to attend a local public school, and works with local NGOs to verify that children are attending class.(49)

Compulsory Education Pilot Program†

Ministry of Education program under the School Sector Reform Plan, designed to provide compulsory basic education, including free tuition and books, in 13 districts for children ages 5–12.(49) In 2015, compulsory basic education was expanded from 13 districts to an additional 8 districts.(10)

School Sector Reform Program (2009–2016)

World Bank-financed, 7-year investment loan program to support the School Sector Reform Plan (2009–2016). Seeks to increase access and improve the quality of school education, particularly basic education (grades one to eight), with a focus on children from marginalized groups.(71)

* Program was launched during the reporting period.
† Program is funded by the Government of Nepal.

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Nepal (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor, Including Its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ratify the Palermo Protocol on Trafficking in Persons.

2013 – 2015

Ensure that laws are in line with ILO C. 182 by raising the minimum age for entry into hazardous work to 18.

2009 – 2015

 

Ensure that the types of hazardous work prohibited for children are comprehensive.

2015

Ensure that the legal framework criminally prohibits all forms of forced labor and the trafficking of children for the purposes of forced labor.

2015

Ensure that the law explicitly criminalizes the use of children in the production of pornography and pornographic performances, and the possession of child pornography.

2015

Ensure that the law criminally prohibits the use of children through age 17 in the production of drugs and other illicit activities.

2015

Make primary education compulsory until at least the minimum age for.

2009 – 2015

Enforcement

Collect and publish data on labor law enforcement actions, including the number of child labor law violations. Collect and publish data on criminal law enforcement actions, including the number of violations, prosecutions, and convictions involving the worst forms of child labor.

2015

Increase the number of labor inspectors trained and responsible for providing enforcement of child labor laws to meet international standards.

2010 – 2015

Ensure that penalties are sufficient to deter child labor law violations.

2015

Increase the capacity to gather, store, and report on data related to human trafficking, including the ability to disaggregate data to identify the number of child trafficking victims.

2009 – 2015

Provide additional resources for the Nepal Police so that they are able to enforce laws prohibiting crimes against children, including the worst forms of child labor.

2011 – 2015

Increase the capacity of the Ministry of Land Reform and Management to effectively enforce laws that prohibit bonded labor in agriculture.

2014 – 2015

 

Social Programs

Eliminate barriers to education, including lack of schools, lack of sanitation facilities, and fees.

2013 – 2015

 

 

1.         ILO-IPEC. Occupational Health and Safety Assessment of Child Workers in the Brick Industry, Nepal; 2014. http://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_25297/lang--en/index.htm.

2.         World Education and Plan Nepal. A Rapid Assessment of Children in the Brick Industry. Boston; 2012. http://www.worlded.org/WEIInternet/resources/publication/display.cfm?txtGeoArea=INTL&id=13985&thisSection=Resources.

3.         American Bar Association. Human Trafficking Assessment Tool Report. Washington; July 2011. http://www.americanbar.org/content/dam/aba/directories/roli/nepal/nepal_human_trafficking_assessment_report_2011.authcheckdam.pdf.

4.         National Human Rights Commission. Trafficking in Persons Especially on Women and Children in Nepal. Katmandu; 2011. http://www.nhrcnepal.org/nhrc_new/doc/newsletter/National%20Report%20on%20Traffiking%20in%20Persons%20%20Especially%20%20on%20women%20and%20Children%20in%20Nepal%20-%202012.pdf.

5.         U.S. Department of State. "Nepal," in Country Reports on Human Rights Practices- 2014. Washington, DC; June 25, 2015; http://www.state.gov/g/drl/rls/hrrpt/.

6.         U.S. Department of State. "Nepal," in Trafficking in Persons Report- 2015. Washington, DC; July 27, 2015; http://www.state.gov/j/tip/rls/tiprpt/index.htm.

7.         UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed December 16, 2015]; http://www.uis.unesco.org/Pages/default.aspx?SPSLanguage=EN. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary. A high ratio indicates a high degree of current primary education completion. Because the calculation includes all new entrants to last grade (regardless of age), the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

8.         UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Labour Force Survey, 2008. Analysis received December 18, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor.  For more information on sources used, the definition of working children and other indicators used in this report, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

9.         International Trade Union Confederation. Internationally Recognised Core Labour Standards in Nepal. Geneva; February 2012. http://www.ituc-csi.org/IMG/pdf/final-nepal_.pdf.

10.       U.S. Embassy- Kathmandu. reporting, January 19, 2016.

11.       CWISH Nepal, NEWCPC Dang. Situation of Child Labor in Ghorahi and Tulasipur Municipals of Daang NepalGhorahi Municipality and Tulasipur Municipality Dang; September 2011. https://www.researchgate.net/publication/224934574_Situation_of_Child_Labor_in_Ghorahi_and_Tulasipur_Municipals_of_Daang_Nepal.

12.       Upendra B. Pradhanang, e al. "National Livestock Policy of Nepal: Needs and Opportunities." Agriculture, no. 5(2015); file:///C:/Users/Oetken-Jennifer-L/Downloads/agriculture-05-00103.pdf.

13.       Sita Ram Luitel, program coordinatior at World Education. Interview with USDOL official. April 23, 2015.

14.       Lubha Raj Neupane, Executive Director of GoodWeave Nepal. Interview with USDOL official. April 23, 2015.

15.       World Education and Plan Nepal. A Rapid Assessment of Children in the Mining Industry in Nepal. Boston; 2012. http://www.worlded.org/WEIInternet/resources/publication/display.cfm?txtGeoArea=INTL&id=13986&thisSection=Resources.

16.       CNN. "Nepal Carpet Crisis Pushing Children into Slavery." cnn.com [online] June 16, 2011 [cited April 11, 2013]; http://articles.cnn.com/2011-06-16/world/cfp.nepal.carpet.industry.children_1_child-labor-child-workers-carpet-industry?_s=PM:WORLD.

17.       Balch, O. "10,000 children estimated to work in Nepal's carpet industry." The Guardian, London, November 20, 2014. http://www.theguardian.com/sustainable-business/2014/nov/20/10000-children-estimated-to-work-in-nepals-carpet-industry.

18.       World Education, Child Development Society. Child Labor in the Zari Industry; April 2013. http://www.worlded.org/WEIInternet/inc/common/_download_pub.cfm?id=13991&lid=3.

19.       World Education and Plan Nepal. A Rapid Assessment of Children Working in the Domestic Sector. Boston; 2012. http://www.worlded.org/WEIInternet/resources/publication/display.cfm?txtGeoArea=INTL&id=13987&thisSection=Resources.

20.       ILO Country Office for Nepal. ILO Nepal Decent Work Newsletter. Kathmandu; May 2014. http://www.ilo.org/kathmandu/info/public/WCMS_248195/lang--en/index.htm.

21.       Deutsche Presse-Agentur. "Child Labourers Face Harsh Conditions in Nepal." india.nydailynews.com [online] June 13, 2012 [cited April 11, 2013]; http://india.nydailynews.com/newsarticle/4fd8c1ccb1e35d7e18000001/child-laborers-face-harsh-conditions-in-nepal.

22.       World Education and Plan Nepal. A Rapid Assessment of Children in the Urban Transport Sector in Nepal. Boston; 2012. http://www.worlded.org/WEIInternet/resources/publication/display.cfm?txtGeoArea=INTL&id=13983&thisSection=Resources.

23.       World Education and Plan Nepal. A Rapid Assessment of Children Working as Porters in Nepal. Boston; 2012. http://www.worlded.org/WEIInternet/resources/publication/display.cfm?txtGeoArea=INTL&id=13988&thisSection=Resources.

24.       World Education. Naya Bato Naya Paila (New Path New Steps). Project Document. Boston; August 2011.

25.       Kala, A. "For These Girls, Two Worlds are Within a 4-km Span." dailymail.co.uk [online] October 5, 2012 [cited April 11, 2013]; http://www.dailymail.co.uk/indiahome/indianews/article-2213538/Maiti-Nepal-Two-worlds-4-km-span.html.

26.       U.S. Embassy- Kathmandu. reporting, February 1, 2016.

27.       Krahe, D. "Victims of Child Slavery Learning to Fight Back." derspeigel.de [online] March 25, 2011 [cited April 11, 2013]; http://www.spiegel.de/international/world/0,1518,749955,00.html.

28.       Dunham, M. Nepali police rescue 124 child workers from sari embroidery factories in Kathmandu Valley, Mikel Dunham, [blog] July 6, 2012 [cited February 19, 2016]; http://www.mikeldunham.blogs.com/mikeldunham/2012/07/nepali-police-rescue-124-child-workers-from-sari-embroidery-factories-in-kathmandu-valley.html.

29.       Giri, B. "The Bonded Labour System in Nepal: Musahar and Tharu Communities’ Assessments of Haliya and Kamaiya Labour Contracts." Journal of Alternative Perspectives in the Social Sciences, 4(No. 2)(2012);

30.       ILO. Forced labour of adults and children in the agriculture sector of Nepal: Focusing on Haruwa-Charuwa in eastern Tarai and Haliya in far-western Hills. Kathmandu; July 1, 2013. http://www.ilo.org/kathmandu/whatwedo/publications/WCMS_217086/lang--en/index.htm.

31.       Hindustan Times. "80 Child Workers Rescued after Swoop." Hindustan Times, New Delhi, May 25, 2012; News. http://www.hindustantimes.com/India-news/NewDelhi/80-child-workers-rescued-after-swoop/Article1-860840.aspx.

32.       Express News Service. "30 child workers rescued from Bangalore leather units." The Indian Express, October 17, 2014. http://indianexpress.com/article/cities/bangalore/30-child-workers-rescued-from-bangalore-leather-units/.

33.       Integrated Regional Information Networks. "Nepal: Chepang struggle to educate their children." IRINnews.org [online] July 24, 2012 [cited January 17, 2013]; http://www.irinnews.org/printreport.aspx?reportid=95935.

34.       Integrated Regional Information Networks. "Nepal: Girls Worst Exploited as Child Labourers." IRINnews.org [online] January 27, 2011 [cited April 11, 2013]; http://www.irinnews.org/report.aspx?reportid=91735.

35.       Aryal, N. The high costs of free education in government schools of Nepal, Rukmini Foundation, [online] January 6, 2012 [cited March 8, 2016]; http://www.rukminifoundation.org/2012/01/06/not-so-free-education/.

36.       Tripathi, N. "Problems Nepali Adolescents Generally Face." Republica, Kathmandu, October 10, 2012; Nepal. http://www.myrepublica.com.

37.       Human Rights Watch. Futures Stolen: Barriers to Education for Children wiht Disabilities in Nepal. New York; August 2011. http://www.hrw.org/sites/default/files/reports/nepal0811ForWebUpload.pdf.

38.       Iaccino, L. "Nepal earthquake: Women and children at risk of being trafficked." International Business Times, May 12, 2015. http://www.ibtimes.co.uk/nepal-earthquake-women-children-risk-being-trafficked-1500925.

39.       Brown, G. How child traffickers are exploiting the Nepal earthquake disaster, A World at School, [blog] May 17, 2015 [cited February 19, 2016]; http://www.aworldatschool.org/news/entry/how-child-traffickers-are-exploiting-the-nepal-earthquake-disaster-1967.

40.       Government of Nepal. Child Labour (Prohibition and Regulation) Act, No. 14, enacted 2000. http://www.nepaldemocracy.org/documents/national_laws/childlabour_act.htm.

41.       Government of Nepal. The Bonded Labor (Prohibition) Act, enacted 2002. http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=71670.

42.       Government of Nepal. Trafficking in Person and Transportation (Control) Act, 2064 Bikram Era, enacted 2007. http://www.asianlii.org/np/legis/laws/htatca2064458/

43.       Government of Nepal. Children's Act, enacted 1992. http://www.nepaldemocracy.org/documents/national_laws/children_act.htm.

44.       U.S. Embassy- Kathmandu official. E-mail communication to USDOL official. March 6, 2015.

45.       Government of Nepal. Education Act, enacted 1971. http://planipolis.iiep.unesco.org/upload/Nepal/Nepal_Education_Act_1971.pdf.

46.       Child Soldiers International. Louder Than Words: An agenda for action to end state use of child soldiers. London; September 2012. http://www.child-soldiers.org/global_report_reader.php?id=562.

47.       ILO. Newsletter: Special Action Programme to combat Forced Labour; 2014. http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_221069.pdf.

48.       ILO Committee of Experts. Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Nepal (ratification: 2002) Published: 2013; accessed March 7, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3057745:NO.

49.       U.S. Embassy- Kathmandu. reporting, January 9, 2015.

50.       U.S. Embassy- Kathmandu. reporting, January 21, 2014.

51.       U.S. Embassy- Kathmandu. reporting, February 9, 2010.

52.       Ministry of Women, Children and Social Welfare, Central Child Welfare Board. Child Protection Mapping and Assessment Summary ReportGovernment of Nepal; September 2015. http://unicef.org.np/uploads/files/862008621206930562-child-protection-book.pdf.

53.       U.S. Embassy- Kathmandu. reporting, February 26, 2015.

54.       ILO. Strategies and Practice for Labour Inspection. Geneva, Committee on Employment and Social Policy; November 2006. http://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf. Article 10 of ILO Convention No. 81 calls for a “sufficient number” of inspectors to do the work required. As each country assigns different priorities of enforcement to its inspectors, there is no official definition for a “sufficient” number of inspectors. Amongst the factors that need to be taken into account are the number and size of establishments and the total size of the workforce. No single measure is sufficient but in many countries the available data sources are weak. The number of inspectors per worker is currently the only internationally comparable indicator available. In its policy and technical advisory services, the ILO has taken as reasonable benchmarks that the number of labor inspectors in relation to workers should approach: 1/10,000 in industrial market economies; 1/15,000 in industrializing economies; 1/20,000 in transition economies; and 1/40,000 in less developed countries.

55.       UN. World Economic Situation and Prospects 2012 Statistical Annex. New York. http://www.un.org/en/development/desa/policy/wesp/wesp_current/2012country_class.pdf. For analytical purposes, the Development Policy and Analysis Division (DPAD) of the Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) classifies all countries of the world into one of three broad categories: developed economies, economies in transition, and developing countries. The composition of these groupings is intended to reflect basic economic country conditions. Several countries (in particular the economies in transition) have characteristics that could place them in more than one category; however, for purposes of analysis, the groupings have been made mutually exclusive. The list of the least developed countries is decided upon by the United Nations Economic and Social Council and, ultimately, by the General Assembly, on the basis of recommendations made by the Committee for Development Policy. The basic criteria for inclusion require that certain thresholds be met with regard to per capita GNI, a human assets index and an economic vulnerability index. For the purposes of the Findings on the Worst Forms of Child Labor Report, “developed economies” equate to the ILO’s classification of “industrial market economies; “economies in transition” to “transition economies,” “developing countries” to “industrializing economies, and “the least developed countries” equates to “less developed countries.” For countries that appear on both “developing countries” and “least developed countries” lists, they will be considered “least developed countries” for the purpose of calculating a “sufficient number” of labor inspectors.

56.       Central Intelligence Agency. The World Factbook, CIA, [online] [cited March 18, 2016]; https://www.cia.gov/library/publications/the-world-factbook/fields/2095.html#131. Data provided is the most recent estimate of the country’s total labor force. This number is used to calculate a “sufficient number” of labor inspectors based on the country’s level of development as determined by the UN.

57.       Verite, and Winrock. Assessment of the Nepal Labor Inspectorate's Work on Child Labor; 2015.

58.       U.S. Embassy- Kathmandu official. E-mail communication to USDOL official. March 11, 2014.

59.       ILO-IPEC Geneva official. E-mail communication to USDOL official. March 6, 2014.

60.       Ministry of Education. School Sector Reform Plan 2009-2015. Kathmandu; August 2009. http://planipolis.iiep.unesco.org/upload/Nepal/Nepal_School_Sector_Reform_2009.pdf.

61.       Children and Women in Social Services & Human Rights. Green Flag Movement, CWISH, [online] [cited January 26, 2015]; http://www.cwish.org.np/get-involve/16-movements/24-green-flag-movement.

62.       CWIN Nepal, and Stop It Now. The Role of Child Helplines in Preventing Child Sexual Abuse. Durban; October 19, 2012. http://www.childhelplineinternational.org/media/35102/speaker_1_-_stop_it_now_and_cwin.pdf.

63.       CWIN. Child Helpline - 1098, CWIN, [online] [cited March 5, 2014]; http://www.cwin.org.np/programme-of-actions/55-child-helpline-1098.

64.       Child Helpline International. Session 59 - Nepal: Recommendations made under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Amsterdam; September 2011. http://www2.ohchr.org/english/bodies/crc/docs/ngos/Nepal_CHI_CRC60.pdf.

65.       Winrock. Country Level Engagement and Assistance to Reduce Child Labor II (CLEAR II) project.; October 2015.

66.       ILO-IPEC. From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project). Statement of Work. Geneva; 2015.

67.       ILO-IPEC. Towards Achieving the Elimination of the Worst Forms of Child Labour as Priority (ACHIEVE), ILO, [online] [cited January 30, 2014]; http://www.ilo.org/kathmandu/whatwedo/projects/WCMS_234540/lang--en/index.htm.

68.       Embassy of Japan in Nepal. Japanese Assistance for the Project for the Prevention and Reduction of Child Labor in Restaurants in the Kathmandu Valley (3rd Phase). Press Release. Kathmandu; February 20, 2014. http://www.np.emb-japan.go.jp/ann/200214b.html.

69.       ILO. Decent Work Country Programme, Nepal 2013-2017. Kathmandu; 2014. http://www.ilo.org/kathmandu/whatwedo/publications/WCMS_235929/lang--en/index.htm.

70.       USAID. Combating Trafficking in Persons (CTIP) Project. Fact Sheet. Kathmandu; 2010. http://www.usaid.gov/nepal/fact-sheets/combating-trafficking-in-persons-ctip.

71.       The World Bank. Implementation Status & Results Nepal: School Sector Reform Program (P113441). Washington, DC; January 10, 2014. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/SAR/2014/01/10/090224b0821c61c5/1_0/Rendered/PDF/Nepal000Nepal00Report000Sequence007.pdf.