COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES REPORT OF NEPAL

The Committee on the Rights of the Child today reviewed the second periodic report of Nepal on how that country implements the provisions of the Convention on the Rights of the Child.

Introducing the report, Rabindraman Joshi, Secretary in the Ministry of Women, Children and Social Welfare of Nepal, drew attention to the recently launched State's 10-year National Plan of Action for Children (2005-2015) which encouraged child protection in the development process, and addressed the rights of children as a cross-cutting issue. He said the Government of Nepal was faced with a number of challenges and constraints in implementing the provisions of the Convention, including the effects of the Maoist insurgency specifically on children and women. Among other things, young girls, minors and children had been forcefully recruited as child soldiers by the insurgents, and as a result were deprived of their basic rights to education, health and to their own future.

Mr. Joshi also mentioned the visit of the United Nations High Commissioner for Human Rights and a number of Special Rapporteurs to Nepal in December last year and the memorandum of understanding signed by the Government and the Office of the High Commissioner for Human Rights to open an office of the High Commissioner in Katmandu.

In preliminary remarks, Committee Expert Lucy Smith, who served as Rapporteur for the report of Nepal, noted that there were a number of promising programmes and laws put into action which were encouraging steps and which showed there was good planning in Nepal. The Committee was seriously concerned, however, about the armed conflict which had resulted in thousands of deaths among children, both directly and indirectly. In many ways Nepal was not a country fit for children, Ms. Smith added. A generation of Nepalese children was already affected by the conflict; they represented the future of Nepal. The Committee recognized that the Maoists had carried out gross human rights violations, but it was the responsibility of both parties to solve the conflict by giving and taking to create a society that was fit for children.

Other Committee Experts raised questions pertaining to, among other things, children in armed conflict; internally displaced, refugee and disappeared children; trafficking in children; child labour; financial resources for children's issues; inter-country adoption; street children; and education measures, and in particular schools in conflict areas.

The Committee will release its formal, written concluding observations and recommendations on the second periodic report of Nepal towards the end of its three-week session which will conclude on 3 June.

The delegation of Nepal consisted of representatives of the Ministry for Women, Children and Social Welfare; the Royal Nepalese Army; the Nepalese Police; and the Permanent Mission of Nepal to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Nepal is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Monday, 23 May, it will begin its consideration of the second and third periodic reports of Ecuador (CRC/C/65/Add.28).

Report of Nepal

The second periodic report of Nepal (CRC/C/65/Add.30) covers the efforts made since 1996 to translate the Convention on the Rights of the Child into reality and the challenges encountered during that process. Although some progress has been made and changes are taking place as concerns the situation of child rights in Nepal, much still remains to be done. Achievements in the area of children's basic health, education and awareness on child rights at different levels are some of the significant aspects on efforts to promote and consolidate child rights. Nepal has adopted a series of laws regarding the rights of children. One of these is the Children's Act (1992), which provides a comprehensive national legal framework for the rights of the child. The Government of Nepal has also enacted the Child Labour (Prohibition and Regularization) Act (1999), which defines hazardous work and prohibits the employment of children under the age of 16. The National Human Rights Commission, established in 2000, is preparing a code of conduct for government employees, in which it advocates against the employment of children as domestic workers. It has also recommended to the Government that it separate children from adults in places of detention.

Many children are trafficked to India for work, including in circuses, and are vulnerable to exploitation and sexual abuse, the report states. At the same time, Bhutanese refugee children are also vulnerable to being trafficked both within the country and across the border. Since children are frequently informally "adopted" as helpers to do the family and household chores, the monitoring of such situations is difficult. Formal adoption within Nepal is rare and statistics in this regard are limited. A study recorded 12,000 cases of child abuse between 1996 and 2000. UNAIDS estimated that by the end of 1999, there were 58,000 persons living with the HIV virus, while 2,500 had died of AIDS, orphaning about an equal number of children. Despite the tremendous growth of the education sector, a number of children remain out of school. According to the Central Bureau of Statistics, the number of children in the age group 8-14 years who remain out of school was as high as 449,726, of whom only 45 per cent were literate. Drop-out rates are high as children must work to supplement the family income because of their poor economic conditions.

Since 1996, the Maoist armed struggle has claimed many lives, including that of police, rebels and ordinary citizens, says the report. There are reports that the Maoists have been using children and youth in their movement, although detailed information about the situation and number of children is not available. Children in conflict with the law is a growing problem in Nepal. Every year, hundreds of children are accused and arrested, but they are brought to trial without any proper investigation. The Government has built a "Children's Correction Home" where children in conflict with the law are supposed to be kept. This centre also accommodates children of prison inmates. Under the Children's Act (1992), children below 10 years are not criminally liable; those between 10 and 14 receive warnings if the offence is punishable by a fine, and are sentenced to a maximum of six months if it is punishable by imprisonment; and those between 14 and 16 are convicted to half the penalty imposed by law on an adult for that offence. The Government welcomed the recommendation of the Committee that the age limit for criminal liability be raised from 16 to 18 years. In 1998, of the estimated 4.86 million children in the 5-14 age group, more than 40 per cent, or 1,987 million children, were found to be economically active. The population of children under the age of 16 living in slum and squatter settlements is estimated at about one million. A study has shown that only 30 per cent of school-age children in the squatter settlements attend school and the dropout rate is very high (38 per cent).

Presentation of Report

RABINDRAMAN JOSHI, Secretary in the Ministry of Women, Children and Social Welfare of Nepal, said the report underlined Nepal's deep commitment to the protection and promotion of child rights in the country. Nepal had ratified nearly all the international conventions and other declarations by the South Asian Association for Regional Cooperation which aimed at promoting child rights and their development and had given top priority to the development of children in national plans and policies after the ratification of the Convention on the Rights of the Child in 1990. Moreover, Nepal was in the process of ratifying both Optional Protocols to the Convention. The report also mentioned that Nepal had already put in place many legal, institutional and administrative measures in the country. Many of the fundamental rights of children had also been incorporated in the Constitution of Nepal.

Mr. Joshi drew attention to the recently launched State's 10-year National Plan of Action for Children (2005-2015) which encouraged child protection in the development process, and addressed the rights of children as a cross-cutting issue. Among other things, the "Welcome to school" campaign for all children had been initiated from the school academic session of 2005 to enhance access to education by all. Also included in the report were the efforts of the Government to implement the Convention so as to protect and promote the rights of the child more effectively, including steps taken by the Government line agencies especially UNICEF, international non-governmental organizations, non-governmental organizations and local bodies, that had also been active in implementing many programmes in various sectors, including health and nutrition; education; training; child labour; sexual abuse; and exploitation and trafficking. The institutional developments in Nepal included the creation of the Children and Women's Development Section at the National Planning Commission Secretariat in 1993, the establishment of the Ministry of Women, Children and Social Welfare in 1995, the decision to formulate a juvenile bench in all 75 district courts, and the creation of the Central Child Welfare Board and District Child Welfare Boards. The report also informed of how child participation had now been increasingly recognized as an important issue in the national planning and development process, and how children's views had been incorporated in the Tenth Five-Year Plan.

The Government of Nepal was faced with a number of challenges and constraints in implementing the provisions of the Convention, Mr. Joshi added. Among them were difficulties in reducing parity between boys and girls, rural and urban areas, and marginalized and privileged areas, especially in basic health service delivery and educational development; the severity of income poverty; reducing child labour and other forms of exploitation; and the effects of the insurgency specifically on children and women.

The report covered a period at which time Nepal was faced with an escalating violence and the indiscriminate terrorist activities perpetrated by the insurgents over the past nine years, Mr. Joshi said. Among other things, young girls, minors and children had been forcefully recruited as child soldiers by the insurgents, and as a result were deprived of their basic rights to education, health and to their own future. These atrocities and systematic human rights violations by the terrorists were unprecedented in a nation known to the world for peace, tolerance and harmony. The Government was making efforts to create the necessary atmosphere for the full functioning of democracy while also defending life, liberty and security of people and upholding the principles and norms of human rights.

In closing, Mr. Joshi referred to the visit of the United Nations High Commissioner for Human Rights and a number of Special Rapporteurs to Nepal in December last year and the memorandum of understanding signed by the Government and the Office of the High Commissioner for Human Rights to open an office of the High Commissioner for Human Rights in Katmandu.

Discussion

Questions Raised by Experts

LUCY SMITH, the Committee Expert serving as Rapporteur for the report of Nepal, said Nepal was a country with a strong culture and many natural resources, although it was a very poor country where 40 per cent of the people lived below the poverty line. The country was to be commended for having ratified the Convention on the Rights of the Child at an early stage. Also noted was the fact that Nepal had ratified a number of other important international instruments. Improvement in the area of juvenile justice and the supreme courts order aimed to prohibit corporal punishment were also praised.

The Rapporteur, in drawing attention to the armed conflict in Nepal, noted the Committee's concern about its impact on the lives of children. The consequences of the conflict were of central concern to the Committee although it was difficult to assess them fully since the conflict was ongoing. It appeared that the armed conflict was worsening and in effect its impact on children was increasing. It was evident that serious violations against children were being committed by the Maoist rebels. It was uncertain how many children had been killed as a result of the conflict, many of whom died from landmines. The war was also killing children indirectly by way of increasing poverty and worsening health conditions. In that regard, the Rapporteur asked for information on the State's measures to provide much needed health services to children.

Ms. Smith asked a number of other questions concerning the limited access to communities by international humanitarian workers in Nepal, and how many children were affected by that; the registration of internally displaced children; the State's Human Rights Commission; and children in armed conflict. She mentioned reports that some 30 per cent of Maoist rebel soldiers were child recruits. Information was also received that the Government forces recruited children for various purposes. She asked the delegation for steps taken by the Government to address these matters of concern.

KAMAL SIDDIQUI, the Committee Expert serving as Co-Rapporteur for the report of Nepal, while referring to the State party report, said between 1993 and 2000, budget spending on social services had tripled, which was to be praised. However, information was sought on what the trend was between 2000 and 2005 for Government spending, particularly in the area of children rights. While noting that discrimination had existed against Dalit children and the girl child, he asked to what extent this was true and, if so, what steps had been done to address this problem. Specifically, information was requested on scholarships for Dalit children, the practice of dowry, forced prostitution, and gender parity in school enrolment. The Co-Rapporteur also sought information on child labour.

Another Expert asked for data on marginalized children and discrimination against them, including street children and indigenous children. While noting the negative effects of forced marriages in Nepal, she asked about specific steps taken by the Government to address this phenomenon.

Other Experts asked questions pertaining to birth registration in general, and for Bhutanese refugees specifically; corporal punishment; the effects of the State's Anti-terrorist law, which apparently specified no age limit in prosecuting offenders; special training for judges serving in juvenile courts, as well as for police officers; and freedom of association.

An Expert also raised the issue of disappearances, noting that, according to the National Human Rights Commission, 1,500 complaints had been received of disappearances, 1,200 of which were attributed to the Army and 300 by Maoist groups. While noting the work of the National Investigations Commission on Disappearances, he asked for additional information on steps taken by the Government on this issue.

Response by Delegation

In response to questions posed on the insurgency in Nepal, the delegation said the nine-year insurgency had been brutal and had resulted in a number of devastating effects on the population, a conviction echoed by the United Nations Office of the High Commissioner for Human Rights. The Government was doing its best to provide basic rights to those affected by the conflict. The delegation added that the Maoists had been indiscriminately using landmines which had resulted in the loss of many lives. As to the immunization and health services, the Government had been doing its best to uphold these basic services. The delegation added that no part of the territory of Nepal was totally under the control of the Maoist rebels. Moreover, there had been three rounds of negotiations between the Maoists and the Government.

Concerning displaced persons, the information on these persons was not clear since many of those who were considered to be displaced went to live with their extended families, thus making it difficult to register them.

As for disappearances, the delegation said this had become a major issue given the increased reports of this phenomenon. There was a major campaign being undertaken by the Maoists to recruit child soldiers. The National Human Rights Commission had come out with approximately 1,400 cases of which nearly 200 were investigated and concluded. Of these disappeared persons, approximately 60 per cent had re-appeared; 20-25 per cent had been in jail; and six or seven had been killed. Action had been taken against several army and police officials found guilty of acts of disappearances or abduction.

With regard to the use of children in armed conflict, the delegation noted that concerted efforts had been made by the Government to address this although the actual figure of child soldiers was not known since there was no comprehensive registration or monitoring mechanism. In response to claims that the Army had also recruited children, the delegation affirmed that the Army had in the past recruited minors for various services such as cooking and cleaning, but had stopped that practice some five years ago. Various programmes had been launched to assist children affected by the conflict, namely a rehabilitation programme which was to the benefit more than 300 children who had been orphaned by the conflict. Among other things, a support fund was set up and re-integration programmes were established to get children back into schools.

Concerning corporal punishment, the delegation noted that the Government was in the process of incorporating the decision of the Supreme Court on corporal punishment to amend the Children's Act to prohibit this act altogether.

With regard to budget allocations for and the monitoring of children's rights, the delegation said the intention of the Government was to increase the level of resources for the social services devoted to children. The Government had set up a mechanism to monitor and follow up on child rights issues and a Committee had been set up to implement the National Plan of Action for Children. Among other things, guidelines for security forces and the police had been drawn up so they were aware of child rights, in general, and the provisions of the Convention, specifically. It was also hoped that a national resource and documentation centre would soon be established to provide information on Convention indicators.

As to trafficking in human beings, especially children, the delegation noted that acts of this nature were declining in Nepal due to various interventions by the Government and civil society organizations. Among other things, there was an aggressive campaign to raise awareness about this problem and anti-trafficking committees had been created.

In response to questions raised on the practice of dowry for marriages in Nepal, the delegation stated that there were incidents of this practice in the country; however, there was a strict law which prohibited this act.

With regard to questions raised on a child's voice in society, the delegation noted that there were more than 3,500 children's clubs operating in the State which provided an opportunity for minors to voice their concerns and opinions. The Government encouraged the participation of children in cultural and leisure activities where their voices could be heard in public. Moreover, school management committees also existed in Nepal which provided another opportunity for children to raise their concerns on matters concerning them.

Questions Raised by Experts

In a second round of questions, the Rapporteur noted that about 30 per cent of the State's budget came from abroad, much of which was allocated to social services benefiting children. She asked if that percentage was due to increase. Among the other areas she raised were on the juvenile justice system and the procedure for age verification, and conditions of detention and the provision of basic services, especially for minors who had to serve their prison sentences in adult prisons.

The Co-Rapporteur asked questions dealing with child labour; the rate of infant mortality; malnutrition; and child marriages.

Other subjects raised during the second round of questions covered the intention of the State to impose compulsory education; school violence; illiteracy rates; the state of poverty reduction programmes; HIV/AIDS rates and AIDS orphans; sexual abuse of children; access to drinking water and sanitation; and abortions. An Expert referred to information that a young girl, even if raped, was considered to be a criminal if she underwent an abortion. Other Experts raised questions with regard to street children, children in institutions, and the State's family reunification law.

Another Expert asked for additional information on adoptions, given the reports that the prices for international adoption ranged for $ 250 to ten times more.

Given the report that some 30 per cent of all detainees in Nepalese prisons were under 14 years of age and 42 per cent were under 16, an Expert asked what was being done to improve the system of juvenile justice and for clarification on the criminal age of responsibility.

Concerning refugees, an Expert asked for additional information about the overall care afforded to refugee children and for steps taken to address the reports of abuse of girl refugees in refugee camps. Information on the plight of refugees of Tibetan origin was also sought.

Response by Delegation

In response to a question, the delegation referred to a report from the World Bank which indicated that the poverty level in Nepal had been reduced by nine per cent, and thus social services had improved; this also had a clear impact on the reduction of child mortality, education levels, and other development goals.

As for refugees, the delegation said the Government had been providing shelter and care for both Bhutanese and Tibetan refugees in Nepal. The Bhutanese refugees had been taken care of predominantly by the UNHCR; they amounted to more than 100,000. Most of the Tibetan refugees in Nepal, who amounted to more than 30,000, had been integrated successfully into Nepal.

Concerning the reports that schools were being raided, the delegation said it was the policy of the State not to use schools for any purposes of its own, although they had been targeted by the Maoist insurgency.

With regards to the large number of under-aged minors serving prison sentences, the delegation said the figures quoted were exaggerated and that the International Committee of the Red Cross had made frequent visits to Nepalese prisons and had never quoted such figures. As for the children who were in correctional institutions, they were provided with health care and education. The figures according to the Government were 48 juvenile delinquents serving prisons sentenced between the ages of 10 and 16. Any child in a correctional juvenile facility remained in that centre until they completed the sentence and were not transferred to an adult prison centre.

As for the issue of child labour, the delegation noted that in the formal sector child labour cases were decreasing. However, these child workers were working to provide support for their families. The Child Labour Act was currently in force which set the working age at 14 and 16 for hazardous forms of labour. A monitoring mechanism was also being formalized by the Ministry of Women, Children and Social Welfare to address this issue. The programme of the International Labour Organization on child labour was also being implemented throughout the country. The Government's Child Labour Master Plan was also in the making which contained specific measures to combat this problem through coordinated efforts.

On health questions, the delegation said there were a number of campaigns to improve nutrition levels, vaccinations and HIV/AIDS, among other things. One of the main obstacles to ensuring good health in Nepal was the provision of safe drinking water. An Expert noted that some 30,000 children a year died from diarrhoea in Nepal. He asked what measures were being undertaken by the Government to tackle this problem, to which the delegation said a number of programmes were being carried out by the Government in that regard. There was only one Government-run hospital for children and four other private hospitals for children.

Regarding abortion, the delegation said abortion was legally acceptable only if the pregnancy had resulted from rape or if the health of the mother was at risk.

As to inter-country adoption, the delegation said the Government of Nepal had not ratified the Hague Convention although the Government was currently considering that option. Moreover, the Government did not charge any fees for international adoption, contrary to information provided. No child could be placed for international adoption for reasons of poverty.

Concerning commercial sex workers, the delegation said the rate of prostitution was decreasing in Nepal.

On children with disabilities, the delegation said these children were provided with free education and received special allowances for school supplies. The Government acknowledged that there were negative attitudes towards these children although that form of discrimination was decreasing. There were no facilities in the State for mentally disabled children.

As to questions raised on education, the delegation said Nepal had introduced the "Education for All" campaign which aimed to provide free and compulsory primary education to all by 2015. Marginalized children, including Dalit children and children belonging to other ethnic groups, were encouraged to go to school through various Government incentives; for example the Government had been providing Dalit families with cooking fuel as an incentive to send their children to schools. Another programme provided school supplies for Dalit children. Primary education was for five years and free of charge, including school supplies. The priority of the Government was to increase the level of education in all areas; special emphasis was placed on the girl child.

In response to a follow up question on education, the delegation said the Government would be making a formal announcement within the next few weeks which would declare schools as "zones of peace" where no battles could take place between Government and Maoist rebels and it had put pressure on the Maoists to leave the schools.

Concerning street children, the delegation said there were programmes for children living on the streets who numbered approximately 3,000 throughout the country; over half of them had families whom they returned to from time to time. These children were being registered through an identification system so as to provide them with social services, including education and vocational training.

Preliminary Observations

LUCY SMITH, the Committee Expert serving as Rapporteur for the report of Nepal, thanked the delegation for its responses which had provided the Committee with a better picture of the life of Nepalese children after the day-long dialogue. There were a number of promising programmes and laws put into action which were encouraging steps and which showed there was good planning in Nepal. There was also good cooperation with non-governmental organizations, the United Nations and other donors.

The Committee was seriously concerned about the armed conflict which had resulted in thousands of deaths among children, both directly and indirectly. Many children were receiving less education, were becoming orphans and were being displaced. The Committee was pleased about the agreement to set up an international monitoring mechanism in Nepal and looked forward to the appointment of a new commissioner to the National Human Rights Commission.

In many ways Nepal was not a country fit for children, Ms. Smith added. The right to life of many children was being jeopardized. A generation of Nepalese children was already affected by the conflict; they represented the future of Nepal. The Committee recognized that the Maoists had carried out gross human rights violations, but it was the responsibility of both parties to solve the conflict by giving and taking to create a society that was fit for children. The King of Nepal himself noted that he hoped to create that environment within the next three years, a development which the Committee was looking forward to. In the meantime, the Committee called on the Government and the Maoists to respect the calls for peace in schools and the right to life of all children in Nepal.

For use of the information media; not an official record

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