CRC Alternative Report

CRC Alternative Report

2002

Produced by

National Alliance of Child Rights Organizations

(NACRO)

Chhauni, Museum Marg

GPO Box 81

Kathmandu

Nepal

Tel: 977-1-4279231

Fax: 977-1-4277033

CRC Alternative Report

2002

Produced by

National Alliance of Child Rights Organisations

(NACRO)

Chhauni, Museum Marg

GPO Box 81

Kathmandu

Nepal

Tel: 977-1-4279231

Fax: 977-1-4277033

Table of Contents

Table of Contents 2

Foreword 6

National Alliance of Child Rights Organisations 6

NACROList of Abbreviations / Acronyms 6

List of Abbreviations / Acronyms 7

Map of Nepal 9

3. Width Non-uniform, mean width of 193 km. North to SouthINTRODUCTION 9

INTRODUCTION 10

Opportunity for Comprehensive Review and Commitment 10

Periodic Reports 10

Previous Concluding Observation 10

Accompanying Texts 10

Holistic Perspective 10

Adherence to Guidelines 11

PART ONE 11

General Measures of Implementation 11

National Legislative Change (12) 11

Constraints Regarding Legislative Measures (18) 11

International Instruments and Commitments (19) 11

Judicial Decision (23) 12

Comprehensive National Strategy 12

Implementing Structure 12

Remedies for Violations 12

Comprehensive National Strategy (30) 12

Implementing Structure 12

Cooperation with Civil Societies (19) 13

Macro Economic Indicators (37) 13

Publicizing the Convention (Article 42) 13

PART TWO 13

II. Definition of the Child (Article 1) 13

Differences in Legislation (24) 13

PART THREE 14

III. General Principles 14

III. A. Non-discrimination (Article 2) 14

Legislation (25) 14

Reduction of Disparities (27) 14

Discrimination Against Girls 14

Monitoring Steps 14

Eliminating Prejudice 15

Protection from Discrimination Based on Parents (31) 15

Problems Experienced (32) 15

III. B. Best Interest of the Child (Article 3) 15

Constitution and National Considerations (33) 16

Legislative Consideration 16

Social Considerations 16

Protection (36) 17

Standards in Institutions (37) 17

Training of Professionals (39) 17

III. C. The Right to Life, Survival and Development 17

Legislative Provisions and Specific Measures Undertaken (40) 17

Monitoring Deaths and Suicides 18

III. D. Respect for the Views of the Child 18

Legislative Change (42) 18

Social Achievements (43) 18

Judicial and Administrative Proceedings 18

Participation in Decision-Making 18

Awareness Raising and Professional Training (46) 19

Contribution to Policy and Judicial Decision (47) 19

PART FOUR 19

IV. Civil Rights and Freedoms 19

Legal (48) 19

IV. A. Name and Nationality (Article 7) 19

Birth Registration and Citizenship 19

Nationality 19

IV. B. Preservation of Identity 19

Legal Provisions 20

IV. C. Freedom of Expression 20

IV. E. Freedom of Association and Peaceful Assembly 20

Measures and Legislation Adopted 20

IV. F. Provision of Privacy 20

IV. G. Access to Appropriate Information 20

Policy Planning Needed 21

IV. H. The Right Not to be Subjected to Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment 21

Legislative Provision 21

Punishment for Violation, Complaints Procedure (61) 21

PART FIVE 21

Family Environment and Alternative Care 21

Parental Guidance (Article 5) 21

CRC Awareness 21

Parental Responsibility (Article 18) 21

Separation from Parents (Article 9) 22

Keeping Contact with Parents 22

Child Detention, Abduction, Missing and Death 22

Family Reunification (Article 10) 22

Illicit Transfer or Non-Return (Article 11) 22

Recovery and Maintenance for the Child (Article 27) 23

Children Deprived of Their Family Environment (Art 20) 23

Adoption (Article 21) 23

Periodic Review of Placement (Article 25) 23

Abuse and Neglect (Article 9), Including Physical and Psychological Recovery and Social Reintegration (Article 39) 24

PART SIX 25

VI. B. Health and Health Services (Article 24) 25

Disabled Children 25

Quality of Life 25

Preventive and Curative Measures 25

Health and Health Services 25

Measures Adopted 25

Provision for Services 25

Legislative Provisions 26

Monitoring Mechanism Established and Resource Mobilized 26

Provision of Services 26

Integrated Management of Childhood Illness (IMCI) 26

National Vitamin A Programme 26

National Immunization Policy 26

Control of Diarrhoeal Diseases (CDD) 26

Control of Acute Respiratory Infections (ARI) 26

Safe Motherhood Programme 26

Nutrition 26

Provision of Clean Drinking Water, Hygiene and Sanitation Awareness 26

HIV/AIDS 26

Harmful Traditional Practices 26

PART SEVEN 27

Education, Leisure and Cultural Activities (Articles 28, 29, 31) 27

Education Policy Program 27

Disabled People's Education 28

Right to Education 28

Teacher Training 28

Leisure, Recreation and Cultural Activities (Article 31) 29

PART EIGHT 29

Under Age Combatants (124) 29

Monitoring of the Situation (125) 29

Implementation of Article 38 29

Children in Situations of Exploitation Including Physical and Psychological Recovery and Social Re-integration 29

PART NINE 31

Appendices 31

Child Statistics in Nepal 33

Laws and Regulations Related to Child Welfare and Development 33

Acts Before Ratification of the Convention on the Rights of the Child 33

Regulations Before Ratification of the Convention 34

Acts After Ratification of the Convention 34

Regulations After Ratification of the Convention 34

Reference Materials 34

Introduction of NACRO 34

NACRO Board Members 36

Report Drafting Committee 36

UN Agencies 36

Foreword

His Majesty’s Government of Nepal (HMG/N) ratified the UN Convention on the Rights of the Child (CRC) on September 14, 1990. Soon after the ratification of the CRC the government was supposed to submit an initial report within two years to the CRC committee by 1992. However, HMG/N submitted the first report only in 1995.

At the time of the government’s first report submission, it is unfortunate that a separate alternative CRC report from the side of non-governmental organisations could not be submitted due to lack of experience and necessary resources. However, Concern for Children and Environment Nepal (CONCERN) had submitted its five-page commentary report to the NGO CRC Committee in Geneva in 1996. It is notable here that the CRC committee at that time had asked 50 questions based on the submitted report to the government.

HMG/N now has submitted its first periodic report to the CRC Committee covering the period of 1997 to 2002. Although the government claimed NGO's full involvement in the preparation of the report limited organizations were involved and the report committee did not consult many community-based child rights-related NGOs and network groups in Nepal including the National Alliance of Child Rights Organisations (NACRO). The NACRO therefore has now developed a shadow report of CRC depicting the bleak situation of child rights in Nepal. This report is not a critical report of the government but should be considered as a supplementary report. The report has also tried to cover some of the issues not covered by the government.

This is our first endeavour to bring the alternative report into reality as per the mandate provided by the Convention. NACRO wishes all the best to those who have helped to bring the shadow report to completion and we welcome all suggestions and recommendations from GOs, NGOs and civil society.

Thank you,

Bijaya Sainju

President

National Alliance of Child Rights Organisations

NACROList of Abbreviations / Acronyms

CBOs Community Based Organizations

CCWB Central Child Welfare Board

CEDAW Convention on Eradication of Discrimination Against Women

CHW Community Health Worker

CONCERN-Nepal Concern for Children and Environment-Nepal

CPC-Nepal Child Protection Centre

CRC Convention on the Rights of the Child

CTEVT Center for Technical and Vocational Education

CWDs Children With Disabilities

DCWB District Child Welfare Board

DDC District Development Committee

DOE Department of Education

DOHS Department of Health Services

DWO Dalit Welfare Organization

ECD Early Childhood Development

EFA Education for All

GDP Gross Domestic Product

GER Gross Enrolment Ratio

GNP Gross National Product

HMG/N His Majesty's Government of Nepal

HRPC Human Rights Promotion Center

I/NGOs International Non-Governmental Organizations

IEC Information Education and Communication

ILO International Labour Organization

IPEC International Program on Elimination of Child Labour

MWCSW Ministry of Women, Children and Social Welfare

NACRO National Alliance of Child Rights Organizations

NFE Non Formal Education

NFPNR Nepal's First Periodic Country Report

NHRC National Human Rights Commission

NICR Nepal's Initial Country Report

NPC National Planning Commission

PEACEWIN Participatory Efforts at the Children Education and Women Initiatives Nepal

Plan Plan Nepal

SAARC South Asian Association for Regional Cooperation

SAFE Social Awareness for Education

SWC Social Welfare Council

UNCRC United Nation's Convention on the Rights of the Child

UNFPA UN Fund for Population Activities

UNICEF United Nation's Children Fund

VDCs Village Development Committees

YSN Youth Society Nepal

Badi: a traditional mobile community of professional entertainers

a caste socially and culturally excluded by the feudal system as well as treated as so-called untouchable specialized in making musical instruments, classical singing and dancing and fishing

Deuki: a girl traditionally offered to god/goddess (mostly in western part of Nepal)

Jhuma: a girl traditionally offered to god/goddess

Kumari: a girl from Shakya family appointed as a living goddess till menstruation

Dalit: a traditionally so-called untouchable community under Hindu religion,

downtrodden underprivileged community socially excluded, culturally mistreated and educationally backward class so called untouchable

Kamaiya/Kamlaris:

the children for landlords who give a portion of land for cultivation to Tharu community on the condition that they send their young daughter or sisters to work in their houses

Map of Nepal

Nepal and Its People

1. Location 26 22’ N to 30 27’ N

2. Longitude 80 4’ E to 88 12’ E

Border

China in the North and India in the South, East and West

Size

1. Area 147,181 sq. km.

2. Length 885 km., (East to West)

3. Width Non-uniform, mean width of 193 km. North to SouthINTRODUCTION

1. Nepal was among the first countries to ratify the Convention on the Rights of the Child (CRC). In February 1995, the government submitted its initial reports on the implementation of the convention to the CRC Monitoring Committee. Based on the initial observations, Nepal submitted an additional country report to the CRC committee in May 1996.

2. Nepal submitted its first combined periodic national report covering five years from 1997 to 2002. In its initial phase, the procedure adopted in the preparation of the report was participatory that reflected good practice. However it was not given continuation and did not cover many child rights organizations.

Opportunity for Comprehensive Review and Commitment

3. National Alliance of Child Rights Organizations (NACRO) is a group of organizations working in the sector of Child Rights in Nepal with representatives from the five development regions namely Eastern, Central, Western, Mid West and Far West. NACRO is preparing this additional report mainly focusing on the additional issues and the information that was ignored and not covered by the national report. The report is prepared through consultation and wide discussion with child labourers, out of school children, teachers, dalit children and other stakeholders in all five development regions of the country.

Periodic Reports

4. During the preparation of the report NACRO refers to and provides information on the following issues:

· Concluding remarks of the CRC Committee;

· Measures adopted by HMG/N in the field of child rights implementation, the changes that have occurred in legislation and the activities at the national, district and local levels;

· Block-wise progress achieved during the period in the child rights sector;

· Difficulties and challenges encountered in the implementation of the CRC and efforts made to overcome them;

· Overall policies, programs and services developed to implement the CRC; and,

· Recommendation for further improvement in the future and future vision.

Previous Concluding Observation

5. The CRC Committee recommended the government for being self-critical about the difficulties encountered in implementing the CRC. It appreciated Nepal's openness to international guidance and technical assistance to implement the Convention. The key areas of concern raised by the Committee were: the gap between legislation and enforcement, insufficient measures to curb discriminatory practices, and the absence of specific laws and policies to combat the trafficking of children and child prostitution. The Committee also appreciated the government for showing the willingness to review legislation concerning the prohibition of torture, cruel and inhuman treatment, punishment and compensation.

Accompanying Texts

· UNCRC

· First CRC national report submitted by the government

· NACRO member organizations, contributions and achievements

· Consultation with Child Clubs associated with NACRO members

· Consultation with school children, out of school children, teachers, parents and other stakeholders

· Consultation with working children’s clubs from different sectors

Holistic Perspective

6. The shadow report analysed the information in the implementation of the CRC from a holistic perspective. Learning from network member organizations and consultations with different stakeholders including children themselves have helped to include grass root and local level information.

Adherence to Guidelines

7. In the process of making the shadow report, regional consultations and information collection were done by NACRO member organizations and consultations with children's clubs from different groups like stone quarry child workers, mechanical child workers, domestic child workers, child porters, rag pickers and street children, brick kiln child workers, squatter children, children sexually abused and exploited, conflict-affected children and school-going children's clubs. Consultations with journalists, teachers and stakeholders were also conducted.

8. Literature reviews and review of the combined national report 1997-2002 were conducted.

PART ONE

General Measures of Implementation

(Articles 4, 42, 44, paragraph 6)

National Legislative Change (12)

9. Nepal is making efforts to harmonize national laws with the Convention provisions. After the implementation of Children's Act 1992, Nepal ratified the ILO Convention 182, and formulated Child Labor Prohibition and Regulation Act 1999. Some national legislative and structural changes such as development of children’s wing in previously called Ministry of Women and Social Welfare to "Ministry of Women, Children and Social Welfare", establishment of National Human Right Commission, National Commission on Women and National Commission on Dalit etc. which are also concerned with rights are admirable tasks of HMG/N. Similarly, establishment of Juvenile Benches in District Courts is also one of the remarkable structural steps towards legal reforms of HMG/N which unfortunately has not been implemented in a real sense.

10. Nepal adopted Child Labour Prohibition and Regulation Act 1999 that has defined "hazardous work" and it prohibits the employment of children under the age of 16. After the ratification of the Act and the approval from the Head of the State, inclusion in the Gazette has yet to be carried out.

11. HMG/N's goal is the elimination of child labour. However, immediate eradication is not possible in a country like Nepal where 2.6 million children are working and family dependency rate is very high.

Constraints Regarding Legislative Measures (18)

12. Children cannot approach the court for protection against exploitation until they attain the age of 16, similarly HMG/N has not built any party where they can appeal against injustice which is the main constraint for implementation of the Children's Act. With the help of a few NGOs in Nepal, children are able to reach out to the court to fight for their rights. Surely the facilitation from NGOs alone does not seem to cater to the need of children until civil society is aware of the issue of children’s rights and development of a government mechanism is set up to investigate such incidents. In some cases where the degree of exploitation is very high as in sexual exploitation and rape, stakeholders play attentive roles. Other issues like child labour, abuse, abandoned children, neglect etc are getting little attention.

International Instruments and Commitments (19)

13. Nepal has ratified 18 international conventions and agreed to a number of significant declarations that are included in the periodic national reports too. In this regard, SAARC Convention on Child Welfare & Trafficking of Women and Children for Illicit Purposes, 2000 are some of the important regional conventions. These conventions were ratified on the eleventh SAARC summit held in Kathmandu. Article 1 of the convention on trafficking is directly related with the commitment in implementation of UNCRC. Optional Protocols on Child Soldiers and Child Trafficking were also ratified by HMG/N in May 2000.