Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Népal (Ratification: 2002)

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. In response to its previous comments, the Committee notes the Government’s information in its report that the Act Relating to Children which was adopted in 2018 contains provisions prohibiting the use of children for armed conflict. The Committee notes with interest that according to section 7(7) of this Act, no child under the age of 18 years (defined under section 2(j)) shall be deployed in the army, police and armed groups or used for armed conflict or political purposes directly or indirectly. Section 72(1) further sets penalties of fines for violating this provision.

Article 3(c). Use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the prohibition on the activities involving the sale, distribution or trafficking of alcohol, narcotics or other drugs (sections 2(a) and 16(4)) of the Children’s Act, 1992), applies only to children under 16 years. It noted the Government’s information that the Children’s Bill which contained provisions prohibiting the use, procuring or offering of all children under 18 years for the production and trafficking of drugs was tabled in the Parliament for adoption.

The Committee notes with interest that section 66(2) of the Act Relating to Children, 2018 makes it an offence to train or cause a child to commit or involve in any offence (subsection (n)) which shall be punishable with a fine and imprisonment under section 72. The Committee requests the Government to provide information on the application in practice of section 66(2)(n) of the Act Relating to Children, 2018, indicating the number of cases reported, prosecutions, convictions and penal sanctions applied for the offences related to the use, procuring or offering of children under the age of 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work.With regard to the prohibition of hazardous work by children under 18 years of age and the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. National Master Plan on the Elimination of Child Labour. Following its previous comments, the Committee notes that the National Master Plan on the Elimination of Child Labour (2018–2028) has been adopted. The Government indicates that it is committed to ensuring the effective implementation of this Master Plan and to protect children engaged in hazardous work through school enrolment programmes, family support programmes and alternative care options through the National Child Rights Council, Provincial and Local Child Rights Committees. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the National Master Plan for the Elimination of Child Labour 2018–2028 to eliminate the worst forms of child labour and the results achieved in terms of the number of children withdrawn from the worst forms of child labour and rehabilitated.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour. The Committee notes that according to the Report on the National Labour Force Survey 2017/18, around 31,338 individuals are in forced labour in Nepal of which an estimated 17 per cent are children. Forced labour is more prevalent in agriculture and forestry, followed by construction (page XIII). The Committee requests the Government to take effective measures to remove children under 18 years from forced labour and to provide them with appropriate assistance for their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.