COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS THE REPORTS OF NEPAL
The Committee on the Rights of the Child today concluded its consideration of the combined third to fifth periodic report of Nepal under the Convention on the Rights of the Child and its initial report under the Optional Protocol to the Convention on the involvement of children in armed conflict
Introducing the report, Madhu Prasad Regmi, Secretary of the Ministry of Women, Children and Social Welfare of Nepal, said that the new Constitution, promulgated eight months ago, incorporated children’s rights as fundamental rights, and that the new draft of the Children’s Act explicitly prohibited and criminalized all forms of violence against children, including corporal punishment in all settings. Nepal had adopted other policies and strategies which directly or indirectly safeguarded the best interest of children, including on health, disability, reintegration of children affected by armed conflict, and preventing and ending gender-based violence. The primary school net enrolment rate had reached 96.2 per cent, free health care was available in primary health care institutions and district hospitals, and the Millennium Development Goal 4 related to reducing child mortality had been achieved. Since the ratification of the Convention on the Rights of the Child 26 years ago, the lives of many children had changed for the better, but it was important to remember that the country had still not recovered from the decade-long armed conflict, protracted transition, and the impact of unprecedented natural calamities such as devastating earthquakes, floods and landslides.
At the beginning of the dialogue, Committee Experts reiterated their greatest solidarity with the people of Nepal who had been struck by a devastating earthquake last year. They welcomed the adoption of the new Constitution, which contained provisions for children’s rights, and stressed the need to adopt the necessary laws which would be aligned with the provisions of the Convention. Experts were concerned about the age of criminal responsibility, which in Nepal was 10 years of age, as well as very low rates of birth registration, which had direct implications on the protection of the rights of the child, particularly in matters of marriage, school enrolment, and recruitment in the armed forces. The delegation was asked to explain how the significant resources that had been provided to Nepal in the aftermath of the April 2015 earthquake were prioritized for children and to explain the system in place to ensure that they were not diverted due to corruption or evasion. Experts also discussed deeply rooted and persistent cultural beliefs related to gender, ethnicity, caste, origin, and disability, which were at the origin of discrimination of certain groups of the society, such as girls, Dalits or children with disabilities. Malnutrition was cited as another great concern as it was responsible for 60 per cent of morbidity and mortality among children, and seriously affected their growth, development and wellbeing.
With regard to the involvement of children in armed conflict, Experts congratulated Nepal on the Constitutional prohibition of the recruitment and use of children by the armed forces, police and armed groups. However, the national legislation did not consider the recruitment and use of children in hostilities as war crimes, and Experts inquired about the intentions of Nepal to ratify the Rome Statute. Experts wondered about the age determination process for recruits given the very low birth registration rates in the country, and were concerned that the mandate of the Truth and Reconciliation Commission did not adequately include the question of child soldiers and also did not view child soldiers as victims of armed conflict.
In concluding remarks, Kirsten Sandberg, Member of the Committee and Rapporteur for Nepal, took note of the serious challenges of poverty and the devastation caused by the earthquake and recognized that the new Constitution was a huge step forward. The challenge now was to adopt legislation which would enable its implementation, and which would have to include the best interest of the child in word and in principle.
In his closing remarks, Mr. Regmi reiterated Nepal’s genuine commitment to fulfilling its obligations under the Convention, and said that the full and proper implementation would be difficult in light of the existing challenges. The adoption of the new Constitution had marked the shift from a unitary mode of governance to a decentralized mode, in which local communities would be more involved and empowered, and which would eventually allow to address some of the issues of concern to this Committee, such as low birth registration rates, access to health, the situation of private schools, and others.
The delegation of Nepal consisted of representatives of the Ministry of Women, Children and Social Welfare, Office of the Prime Minister and Council of Ministers, Ministry of Law, Justice and Parliamentary Affairs, and the Permanent Mission of Nepal to the United Nations Office at Geneva.
The next public meeting of the Committee will be at 3 p.m. on Monday, 23 May, when it will consider the fifth periodic report of the United Kingdom under the Convention on the Rights of the Child (CRC/C/GBR/5).
The country reviews can be watched via live webcast at http://www.treatybodywebcast.org.
Report
The combined third to fifth periodic report of Nepal under the Convention on the Rights of the Child can be read via the following link: CRC/C/NPL/3-5. The initial report of Nepal under the Optional Protocol to the Convention on the involvement of children in armed conflict can be accessed via this link: CRC/C/OPAC/NPL/1.
Presentation of the Reports
MADHU PRASAD REGMI, Secretary, Ministry of Women, Children and Social Welfare of Nepal, introducing the report, said that Nepal’s new Constitution, promulgated eight months ago, incorporated children’s rights as fundamental rights and ensured the protection of children from employment in hazardous work, child marriage, recruitment of any kind in the army, police or armed groups, and from all forms of exploitation. The new Children’s Act had been drafted and it would explicitly prohibit and criminalize all forms of violence against children, including corporal punishment in all settings, and it also extended the age of majority to 18 years. The draft Procedural Guidelines on Alternative Care Regulation were in the process of endorsement. In addition, Nepal had adopted other important policies and strategies, which were directly or indirectly related to safeguarding the best interest of children, such as the National Health Policy 2014, National Child Policy 2012, National Policy and Plan on Action on Disabilities 2006, as well as plans of action related to the reintegration of children affected by armed conflict, preventing, responding to and ending gender-based violence, and others. With the implementation of the Education for All and School Sector Reform programme, primary school net enrolment rate had reached 96.2 per cent, 72.6 per cent at lower secondary and 55 per cent at secondary level. There was a zero tolerance policy towards all forms of violence against women and children, and a year-long campaign to end corporal punishment had been launched in September 2014. Free health care was available in primary health care and district hospitals, and maternity services were free of charge in all government hospitals and private hospitals agreed by the Ministry of Health and Population. Nepal had achieved its Millennium Development Goal 4 related to reducing child mortality, according to the Countdown 2015 report issued by the United Nations Children’s Fund and the World Health Organization.
The National Children Policy 2012 prohibited the use of children in armed conflict and hazardous forms of labour, and all levels of Government were mobilized to monitor the child labour situation, de-motivate the use of child labour, and rehabilitate rescued child labourers. Nepal was implementing a plan to eliminate the worst forms of child labour by 2016 and all forms of child labour by 2020, including in the informal sector. Street Children Rescue, Protection and Management Guidelines had been enacted in 2015, while the recently adopted National Strategy against Child Marriage aimed to eliminate child marriage by 2030. Child Protection Officers had been appointed in 22 districts, community-led family protection services focusing on vulnerable children had been launched in some zones, and a total of 22,457 Child Clubs had been established in 45 districts, to promote the participation of children. Since the ratification of the Convention on the Rights of the Child 26 years ago, Nepal had brought positive changes to the lives of many of its children, however, certain challenges remained: the country was still not recovered from the decade-long armed conflict and the protracted transition, and from the impact of unprecedented natural calamities such as devastating earthquakes, floods and landslides. Rampant poverty, lack of gainful employment and livelihood opportunities, and the absence of institutionalized safety nets were major obstacles to the full enjoyment of basic human rights by all, and in particular children. Nepal was fully committed to the protection of children’s rights and had intensified its efforts in mainstreaming human rights into laws and policies, allocating adequate resources and developing capacity of service providers, and it expected further support from the United Nations and the international community in those efforts.
Questions by the Country Rapporteurs and Committee Experts
JORGE CARDONA LLORENS, Committee Expert acting as Country Rapporteur, reiterated the greatest solidarity with the people of Nepal who had been struck by a devastating earthquake last year. He asked what kind of infrastructure was needed to allow the ratification of the Optional Protocol on a communications procedure. The new Constitution had provisions for children’s rights, which was very important, but it must be accompanied by legislation. It seemed that the current legislation was not aligned to the provisions of the Convention, noted the Country Rapporteur, asking whether the draft Children’s Act would, in addition to extending the age of majority to 18 years, also extend the age of criminal responsibility from the current 10 years of age. The National Action Plan for Childhood had come to an end last year, and the delegation was asked whether the plan would be extended, and if so, which indicators would be used to measure impact and how would resources be allocated for the implementation. Mr. Cardona took note of the many action plans that addressed specific issues, such as the reintegration of children affected by armed conflict, child labour, trafficking, and other violations, and asked how those various plans were coordinated. The 2015 Constitution set up the establishment of the National Human Rights Commission; an independent Commission on Women already existed, but there was no independent Commission on Children. Did the National Human Rights Commission have a department specialized for children’s rights, and did a complaint mechanism for breaches of children’s rights exist?
Following the devastating earthquake last year, there was an influx of resources from international cooperation into the country, and the Rapporteur inquired how they were prioritized for children and what measures were being taken to ensure that resources earmarked for children were not diverted due to corruption and evasion. It seemed that the children of Nepal were rather unaware of the Convention and the delegation was asked about efforts to disseminate its provisions. Turning to the principle of non-discrimination, the Country Rapporteur welcomed the commitment of the Government and noted formidable challenges in the form of deeply rooted cultural beliefs related to gender, ethnicity, caste, origin, disability, and others. Almost 40 per cent of children under the age of five suffered from malnutrition, which affected their growth, development and wellbeing; what measures were in place to address this serious concern? Finally, Mr. Cardona asked the delegation to provide an update on measures taken to investigate, prosecute and punish perpetrators of torture and other forms of ill-treatment, and the steps to put an end to the growing use of torture by the police. Would the proposed ban on corporal punishment include all forms of violence and in all settings? According to a survey, 37 per cent of women admitted to have been raped before the age of 15 and some data indicated that more than 40 per cent of all cases of rape had been committed against children. What laws were in place to prevent the abuse of children and to allow children to make complaints? How were the perpetrators punished and did victims receive redress?
KIRSTEN SANDBERG, Committee Expert acting as Country Rapporteur, took up the principle of the best interest of the child and inquired how it was incorporated in the legislation, how it was used by judges in courts, and whether judges, social workers, child protection officers and others received training in the application of this principle. With regard to the right of the child to be heard, Ms. Sandberg asked how this principle was included in the law, and also asked about Child and Youth Clubs, how they were organized and functioned, and how children’s views were taken into consideration in the operation of the Clubs. What measures were in place to ensure that children from marginalized groups were included in Child and Youth Clubs and other forms of children democratic participation? More than 40 per cent of girls were married under the age of 15 and Ms. Sandberg welcomed Nepal’s commitment to prohibit child marriage in the law. Which measures were in place to support girls who were already married, to punish adults involved, and to prevent early marriage, including marrying off girls as a coping mechanism following the earthquake?
Birth registration rates, particularly during early ages, were very low and the delegation asked about obstacles people faced in trying to register a child.
Replies by the Delegation
The new Constitution, just promulgated by the Constituent Assembly, contained many provisions for children’s rights and, for the first time in Nepal’s constitutional history, made children’s rights fundamental rights. The Government had prepared a legislative programme and timeline for the drafting of more than 100 laws which would need to be adopted in order to implement the Constitution. Ranking top among those was the Children’s Bill, which also contained a specialized law on children, and would raise the age of majority and the age of criminal responsibility; the draft Bill was in the process of consultation with stakeholders, following which it would be submitted to Parliament.
Nepal was very fortunate to be receiving the support of the international community and non-governmental organizations and was trying its best to mobilize resources for the protection and promotion of the rights of children and their healthy development.
The Ministry of Women, Children and Social Welfare, and in particular its Social Welfare Council, coordinated the work of non-governmental organizations, and the Ministry itself coordinated the crosscutting interests with other relevant ministries. There were plans to create a coordinating Council for Children’s Rights, which would be headed by a Minister.
With regard to the use of earthquake relief resources, a delegate stressed that the practice of gender budgeting, already well implemented in the country, also drew attention to the situation of children’s rights, and the principle of equality laid the ground and the foundation for equal treatment and non-discrimination. After initial hurdles and challenges, reconstruction activities in Nepal had picked up, and the resources were being used for infrastructure rehabilitation, in particular repair of the infrastructure of direct interest to the wellbeing of children such as schools and hospitals. The central accountability bodies ensured the appropriate and transparent use of resources and curbed corruption.
Rape was being taken very seriously and perpetrators could not escape the ambit of the law. There was more awareness among the people and the environment was supportive for victims and those coming forward to report the crime. Police officers had received human rights education, and had been trained to deal with victims and respect their rights. As far as harmful traditional practices were concerned, a delegate stressed the importance of administrative and institutional measures to stop them, in addition to awareness raising and education of the people themselves. Significant efforts were being put into educating children about early marriages, in order to empower girls to make their own decisions.
Even though child marriage was prohibited by law, it was still practiced, and it was for this reason that Nepal had launched its National Strategy on Child Marriage during the Girl Summit event in Kathmandu in March this year, which aimed to end child, early and forced marriage by 2030. According to available data, there were fewer early marriages in the country, and not only due to the efforts of the Government, but to the tremendous efforts of civil society organizations. The National Strategy rested on the principles of the empowerment and education of girls, as well as the involvement of men and boys, community and society mobilization, and legal reform. As for children who were already married, the Government had put in place some services for them, such as access to contraceptives.
The Constitution did not make a provision for the establishment of a National Commission on Children, as it envisaged that the National Human Rights Commission would monitor the protection of the rights of the child in the country; to this end, one staff member within the Commission had already been allocated specifically to the children’s rights portfolio.
In terms of the improvement of coordination, a delegate explained that the proposed Children’s Bill envisaged the establishment of the Child Welfare Council, to be chaired by the Prime Minister, to ensure better coordination between various Government institutions and more effective implementation of the various plans of action.
The principle of non-discrimination had been introduced in all settings and all children were entitled to be registered at birth.
With regard to corporal punishment, a delegate said that it did exist in the society, but was a practice that was decreasing. It had been banned in 2014, and there had been efforts by the Government and civil society organizations to train teachers and parents. The new Children’s Bill had, for the first time, clearly defined the term and what it meant. It was important to say that Nepal was an active member of the South Asian Initiative to End Violence against Women and Children.
Questions by the Committee Experts
KIRSTEN SANDBERG, Committee Expert and Rapporteur for Nepal, took up the issue of the family setting and asked which programmes and measures were in place to ensure that children enjoyed warm and loving family environments, free of alcohol or drug abuse. What was the situation of children affected by the earthquake and what programmes were in place to support them? What was the status of the foster care system, how did the alternative care system work, and what measures were in place to deinstitutionalize children in institutions? The Rapporteur asked the delegation to comment on “orphanage tourism” and stealing of children from their parents, surrogacy and measures in place to protect children born through such arrangements, the ratification of The Hague Convention which Nepal had already signed, and the situation of sexual and reproductive healthcare for adolescents. Which measures were in place to ensure school enrolment and the retention of girls and indigenous children in school? With 19 recognized indigenous languages, and more than 30 per cent of children not speaking Nepalese, language instruction in primary and secondary schools was a challenge, said Ms. Sandberg and asked the delegation to explain the plans in place to support the roll-out of the compulsory education as guaranteed by the Constitution.
JORGE CARDONA LLORENS, Committee Expert and Country Rapporteur for Nepal, welcomed the inclusion of the principle of equality in the Constitution, but noted that children with disabilities were not in school and were largely placed in institutions and were invisible in the society. Mr. Cardona spoke about poverty in Nepal and asked about policies in place to fight poverty, particularly pockets of abject poverty that existed throughout the country, and about plans to put in place social protection networks. The delegation was asked about the situation of refugee and indigenous children, the involvement of people displaced by the earthquake in decisions that concerned them, measures to eliminate hazardous work in which more than 600,000 children were engaged, and the policies to fight the problem of child trafficking, including domestic sale for prostitution.
Concerning healthcare and health services, Committee Experts congratulated Nepal for the significant progress in reducing mortality and morbidity of children under the age of five and noted that the progress did not occur among infants. Malnutrition was the leading cause of morbidity and mortality among children, which accounted for 60 per cent of cases. The delegation was asked about access to health services for children living with HIV/AIDS, the availability of services for children suffering from substance abuse, and how health services were provided in remote areas.
Experts noted particular vulnerabilities of street children, and asked about plans and programmes for those children, including those that aimed to ensure their education and reduce stigmatization. Rates of sexual violence were rather high but were often under-reported, as communities preferred to resolve the cases differently, including through marriage.
With regard to the juvenile justice system, a Committee Expert noted that detention was not used as a measure of last resort as far as minors were concerned, but that children were often held in detention for long periods without being charged. The Children’s Bill set the age of criminal responsibility at 10 years, and the Experts urged Nepal to review this provision and raise this age as per internationally accepted standards. What measures were in place to ensure that the rights of children in conflict with the law were upheld and protected and that children were treated lawfully and with dignity?
The Committee was pleased that Nepal had ratified International Labour Organization Convention 169 on indigenous and tribal peoples. Experts inquired about assistance given to children belonging to minorities following the earthquake, whether they could practice their religion and culture in their mother tongue, if there were textbooks in minority languages, and whether minority and indigenous children could receive education in their mother tongue.
Replies by the Delegation
The Constitution of Nepal protected the human rights of all children and all communities; the human rights based approach was reflected in the country’s policies and programmes, including in the health and education sectors. Expenditure for health had been steadily increasing and 31 per cent of the total budget had been earmarked for child health and survival. Education was a top priority in Nepal; this was reflected in the budget allocation for the sector, which was the highest in the country. The School Sector Reform Programme assessment had shown that significant progress had been made in improving the quality of and access to education. The school curriculum had been revised and community-based school management committees had been established to increase the ownership by communities and ensure that the rights of indigenous and minority peoples were protected. Special measures were in place for marginalized and disadvantaged populations, such as children from remote and hard-to-reach areas.
Measures to address malnutrition had been connected with safe motherhood programmes and with schools, while strategic plans to reduce malnutrition had been put in place throughout the country. Poverty reduction was one of the top priorities for the Government and poverty reduction strategies had been mainstreamed in the programmes of all ministries; about 35 per cent of the national budget was allocated to poverty reduction measures. It was important to say that Nepal defined poverty not only through income levels, but also through social indicators, such as access to health and education, literacy, life expectancy, and others. Social security was at the heart of all programmes, with 11 per cent of the national budget directly or indirectly related to social security coverage. A health insurance system had been introduced to ensure universal access to health for the population. Nepal spent three per cent of its gross domestic product on social spending, which was the highest in South-East Asia. Challenges persisted in the forms of resource constraints and the lack of human resources, but the commitment of the Government to human rights was there, as well as the consideration of health and education as the top priorities.
Every child had the right to a name and to be registered at birth, although birth registration was not compulsory. In order to raise the low rate of birth registration, the Government had put in place awareness-raising campaigns, set up a department for birth registrations in the Ministry, and was in the process of revising the law in order to make birth registration compulsory. The National Human Rights Commission Act was on the list of legislation to be revised in order to bring it in line with the new Constitution. It was an independent institution, with its own budget, and had already set up a desk for children. Child marriage was illegal and those involved in such marriages were punished by the law. Early marriages could be annulled, unless there were children born in the marriage.
The Truth and Reconciliation Commission had already started working and the delegation reassured the Committee that the rule of law was not going to be compromised in any instance. Juvenile benches had been set up in all districts in the country and had to strictly follow due process and the rule of law. The new Constitution had confirmed the rights of victims and new legislation was being drafted to implement the constitutional provisions in this regard.
Answering follow-up questions on private schools and the budget allocation for the sector of education, a delegate said that there were private schools in the country and that their functioning, curriculum and quality of education were supervised by district school authorities. The Government had set the maximum fees that could be charged by private schools, and a committee had been established to monitor compliance. The education sector received the highest percentage of the national budget, and was 12 per cent in the fiscal year 2015/16 – slightly lower than in previous years due to the earthquake.
There were 577 children’s homes in the country with 16,000 children. There were certain mechanisms and cushions which ensured that children could be accepted in residential homes, for example they had to be orphans, and they had to have a referral by the Village Development Committee. In parallel, there were programmes addressing parents to support them in raising their children properly and with dignity.
In terms of the child protection system in the country, it was explained that Childhood Officer positions were being gradually phased out at the district level, and were being replaced with the newly created positions of Childhood Protection Officers and Childhood Protection Inspectors. Those were created in 22 out of 75 districts, and their mandate was to ensure the promotion and protection of children’s rights and case management. Those were Government employees and would receive adequate training in children’s rights. There were about 10,000 registered children with disabilities in Nepal, with various forms of disability.
There were about 600,000 child labourers in labour in Nepal; the problem must be addressed with a multipronged approach, including poverty alleviation, education and literacy, and new legislation was being drafted to address this phenomenon in the informal sector. Human trafficking was considered a crime against humanity and still occurred in Nepal, not only internationally, but also domestically, for the entertainment sector. A National Committee for Human Trafficking and District Committees for Controlling Human Trafficking had been established. Nepal was aware of the gravity of the situation of street children, estimated to be 350 in Kathmandu and about five to six thousand in the whole country. Programmes for rescue and reintegration were being put in place in cooperation with non-governmental organizations, and a children helpline had been put in place in some areas of the country, with plans to extend them nationally.
A devastating earthquake had hit Nepal in April 2015, killing nearly 9,000 people, of which more than 2,700 were children. Nepal had undertaken immediate relief efforts, while the post-disaster recovery framework had just been adopted, which put utmost importance to the reconstruction of schools and hospitals.
In their follow up-questions, Experts took up the issue of street children and asked about the reintegration of those who did not have families and how many calls the helpline had received; on private schools, the percentage of school children who attended them, reasons for choosing those schools, and how the monitoring system worked in practice; about measures to address the high rate of early pregnancies in rural areas and improve the situation of adolescent health; and about the recognition and registration of child marriages, and the dissolving of such marriages.
Responding to questions related to street children, the delegation explained that rescue activities had started and children were taken to specialized centres where they were trained to be reintegrated in society and preparations were made to return them to their families. Children without families, and children who could not reunite with their families either because they did not want to or because the families refused to take them back, were provided with support for education. Most children went to public schools, while private schools had to teach the same curriculum, which was defined by the Government. Children who were married off could decide whether they wanted to stay in the marriage once they reached the age of 20; however, if a child was born in such a marriage, its annulment was not possible.
The National Strategy to End Child Marriage, recently approved by the Cabinet, aimed to end this practice by 2030. This process would require legal and educational measures, and envisaged support for those already in marriage in the form of contraception and reproductive health, and in supporting their return to school.
Questions by the Committee Experts
One Expert expressed concern about follow-up to the Committee’s recommendation issued following the review of Nepal under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography in 2012, and in particular concerning the criminalization of certain acts, the protection of victims, and extraterritorial aspects of the crimes.
BENYAM DAWIT MEZMUR, Committee Chairperson, recalled that in 2009 Nepal had suspended inter-country adoptions and asked about the timeframes and the process of ratification of the adoption of The Hague Convention. Mr. Mezmur also asked about teaching in indigenous languages, and whether Nepal had a target of percentage of schoolchildren attending private schools.
Replies by the Delegation
Figures on the number of schoolchildren attending private schools were not available, and Nepal did not set any limit or target on the percentage of children attending those schools. At the moment, 95 children were in prison with their parents, and there were non-governmental organizations which took care of the children in these facilities and supported their rehabilitation. The curriculum had already been developed in 16 indigenous languages and schools in majority indigenous or minority areas could teach in that language. Because of the limited capacity and the engagement with the Constitution making process, there was no time to follow up the Hague Convention ratification process but it was now only a matter of time before this was completed.
Responding to the questions related to the worrying situation of refugee and asylum-seeking children and difficulties in accessing their rights, a delegate said that Nepal, because of its political situation, was unable to welcome refugees. Still, there were some refugees from Bhutan, and every year some persons would request asylum on humanitarian grounds. In such cases, Nepal cooperated with the United Nations Refugee Agency and helped those persons on to a third country; they were never returned to their countries of origin.
Consideration of the Optional Protocol to the Convention on the involvement of children in armed conflict
Questions by the Committee Experts
JORGE CARDONA LLORENS, Committee Expert and Country Rapporteur for Nepal,
congratulated Nepal on the prohibition of the recruitment and use of children by the army and the police and asked about the body responsible for the coordination of all the policies designed to meet Nepal’s obligations under the Optional Protocol. Which specific economic resources were allocated for their implementation? Given the low rates of birth registration in the country, and the absence of birth certificates, could the delegation talk about measures in place to ensure that children under the age of 18 were not recruited and also to explain the age determination process? The recruitment and the use of children in hostilities were not considered war crimes in the national legislation. Although Nepal had indicated its willingness to ratify the Rome Statute, it had rejected a recommendation to do so during its latest cycle of the Universal Periodic Review; what was the state of play in this regard?
The Committee had some doubts about the 2014 Act which had established the Commission of Inquiry on Disappeared Persons and the Truth and Reconciliation Commission, and the delegation was asked about measures in place to ensure that the rulings of the Supreme Court would be respected by the Truth and Reconciliation Commission. The Commission also had the competence for acts which contravened international humanitarian and human rights law and crimes against humanity, which should include child soldiers and the use of children in hostilities, but this did not seem to be the case in Nepal. The Commission had refused to deal with the complaint filed by some 4,000 former child soldiers, on the grounds that it only dealt with most serious crimes, and did not have the competence for child soldiers and use of children in hostilities. In addition, the Truth and Reconciliation Commission did not recognize child soldiers as victims, and consequently did not provide for their adequate compensation; was this going to be rectified and would child soldiers receive adequate financial and psychological compensation.
Replies by the Delegation
The new Constitution expressly prohibited the recruitment and use of children in armed conflict and the Government would soon adopt the draft Children’s Act which prohibited all forms of violence against children. Additionally, the National Plan of Action for the Rehabilitation and Reintegration of Children Affected by Armed Conflict had been adopted and was being implemented.
The Ministry of Peace and Reconstruction had been providing a monthly allowance to the 630 children who had lost their parents and it supported 3,981 children affected by conflict with various forms of scholarships. The Central Child Welfare Board was implementing a project of support for children affected by armed conflict in 20 selected districts, which aimed to ensure the protection of the children and youth affected by armed conflict, in particular displaced children, children separated from their families, children in extreme hardships, and children affected by sexual exploitation. More than 7,000 persons who had been injured during the armed conflict had received various forms of allowances, and the Government continued education support to children.
The way to creating a children-centred society was full of challenges, and could not be fully implemented at the community level as yet, due to a combination of factors such as poverty, lack of resources, low technical and human capacity, etc.
Responding to questions related to coordination and resourcing of efforts to implement the obligations from the Optional Protocol on the involvement of children in armed conflict, a delegate said that the Ministry of Peace and Reconstruction had the mandate to coordinate all other institutions involved. Birth registration was not mandatory, but a citizenship certificate and character certificate, which carried the date of birth, had to be provided by all recruits in public service, including the armed forces. As of now, 0.2 per cent of the national budget was allocated to the Ministry of Peace and Reconstruction, and of this, 45 per cent was being used to fund activities for children.
The Constitution reaffirmed the supremacy of courts and the rule of law, which meant that the Truth and Reconciliation Commission had an obligation to obey Supreme Court rulings. War crimes and crimes against humanity were clearly in the remit of the Commission, which could receive complaints by victims or on their behalf.
In questions concerning the Committee’s recommendations to Nepal in 2012 under the Optional Protocol on the sale of children, child prostitution and child pornography, an Expert noted that prostitution and sex exploitation seemed to be a real problem in Nepal, with many children being exploited domestically or abroad. What support was available for children who were victims of prostitution and sex exploitation? In follow-up questions under the Optional Protocol on children and armed conflict, another Expert asked the delegation to explain which obstacles were in the way of making birth registration compulsory in Nepal. What mental health services were available for child soldiers, and what support mechanisms were in place for children born as a result of sexual exploitation in the context of armed conflict, and their mothers?
In their responses, the delegation said that the Truth and Reconciliation Commission had already received more than 4,000 complaints, but it was not possible to provide details about those because of privacy issues. Child pornography online was being dealt with under the Cyber Law, or the Public Nuisance Law if offline. The Ministry of Women, Children and Social Welfare had recently surveyed the 20 districts which were severely affected by armed conflict, and found more than 16,000 children affected by the armed conflict in different ways. The survey had been conducted in order to collect data required for one of the projects run by the Central Child Welfare Board.
Nepal was in favour of the ratification of the Rome Statute and had constituted a Working Group in order to study the ratification. The new law on birth registration was being drafted, and hopefully it would make registration at birth compulsory.
Concluding Remarks
KIRSTEN SANDBERG, Member of the Committee and Rapporteur for Nepal, thanked the delegation for their efforts in answering detailed questions and recognized the serious challenges of poverty and the devastation caused by the earthquake. Ms. Sandberg recognized that the new Constitution was a huge step forward and said that the challenge now was to bring to light legislation which would enable its implementation. The new laws would have to include the best interest of the child in word and in principle.
MADHU PRASAD REGMI, Secretary, Ministry of Women, Children and Social Welfare of Nepal, expressed appreciation for the Committee’s interest in the situation of the rights of the child in Nepal and the constructive comments and observations the Experts had made during the dialogue. Nepal was genuinely committed to fulfilling its obligations under the Convention, but the full and proper implementation would be difficult in light of the existing challenges. The adoption of the new Constitution had marked the shift from a unitary mode of governance to a decentralized mode, in which local communities would be more involved and empowered, and stronger local levels of governance would eventually allow Nepal to address some of the issues of concern to this Committee, such as low birth registration rates, access to health, the situation of private schools, and others.
BENYAM DAWIT MEZMUR, Committee Chairperson, urged Nepal to give due attention to the Committee’s concluding observations and recommendations.
For use of the information media; not an official record
CRC16/023E