2021 Findings on the Worst Forms of Child Labor: Nepal

Moderate Advancement

In 2021, Nepal made moderate advancement in efforts to eliminate the worst forms of child labor. The government published data from the 2018 Nepal Labor Force Survey, which estimated that 1.1 million children are engaged in child labor. Additionally, the Ministry of Women, Children, and Senior Citizens approved the Online Child Protection Procedure, 2021, to help curb online abuse of children. The Nepal Child Rights Council also formed new Child Protection Committees in 129 local governments. In addition, the government repatriated 60 victims of human trafficking and expanded access to education through The New School Education Plan. However, children in Nepal are subjected to the worst forms of child labor, including commercial sexual exploitation and forced begging. Children also perform dangerous tasks in producing bricks. Although the government made meaningful efforts in all relevant areas during the reporting period, it does not meet international standards for legal prohibitions against child trafficking and legal prohibitions against the use of children for illicit activities. The law related to child trafficking is insufficient because it does not clearly criminalize recruitment, harboring, receipt, or transportation in the absence of force, fraud, or coercion, and the law prohibiting the use of children in illicit activities is insufficient because it does not prohibit the use of children in the production of drugs. The Department of Labor’s budget, the number of labor inspectors, and available resources and training are also insufficient for enforcing labor laws, including those related to child labor. Furthermore, the government did not publicly release information on its criminal law enforcement efforts.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Nepal are subjected to the worst forms of child labor, including commercial sexual exploitation and forced begging. Children also perform dangerous tasks in producing bricks. (1,2) In 2021, the Government of Nepal, along with the ILO, published disaggregated data on child labor in Nepal based on the Nepal Labor Force Survey from 2017–2018. The report estimated that the total number of children engaged in child labor was approximately 1.1 million, around 15 percent of the total children between the ages of 5 and 17 years. (2,3) Of these, 200,000 children, or 3.2 percent, were engaged in hazardous work. Additionally, approximately 74 percent of children who were engaged in the informal sector were employed in hazardous work conditions, and 87 percent were engaged in the agricultural sector. (2,3) Table 1 provides key indicators on children’s work and education in Nepal. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children’s Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

37.2 (Unavailable)

Attending School (%)

5 to 14

91.7

Combining Work and School (%)

7 to 14

39.1

Primary Completion Rate (%)

 

120.4

Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2022. (4) 
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 5 (MICS 5), 2014. (5) 

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

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

Sector/Industry

Activity

Agriculture

Farming, including tending livestock and harvesting caterpillar fungus (yarsagumba) (3,6-8)

Industry

Producing bricks, including loading and unloading of mules and donkeys (1,2,6,9-11)

 

Quarrying, collecting, and breaking stones,† and quarrying and collecting sand (6,12)

 

Construction,† activities unknown (2,3,6,13)

 

Weaving carpets† (2,6,13)

 

Producing embellished textiles (zari)† and embroidery (2,6,14)

 

Producing metal crafts† (15)

Services

Domestic work (3,14,16,17)

 

Working in mechanical shops, including for cars and motorbikes† (2)

 

Vending, including as shop keepers, shop sales assistants, and tailors (3)

 

Working in transportation,† portering, and collecting recyclable waste (2,13,18)

 

Working in hotels,† restaurants,† tea shops, and in entertainment,† including as dancers† (2,6,19)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (6,14)

 

Forced labor in embellishing textiles (zari), weaving carpets,† and domestic work (2,6,14,16)

 

Forced labor in agriculture, producing bricks, quarrying, and breaking stones† (2,6,10,14)

 

Use in illicit activities, including the cultivation and trafficking of drugs (2,6,7)

 

Forced begging (6,20,21)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Nepali women and girls are subjected to commercial sexual exploitation, sometimes as a result of human trafficking, both within and outside Nepal, including to India, the Middle East, Asia, and Sub-Saharan Africa. (6,22,23) Traffickers lure people from marginalized castes and ethnic minority communities. (6) They utilize the porous border between India and Nepal to transport women and children for sex trafficking. (6) Among 134 human trafficking cases registered with the police in Nepal's fiscal year 2020–2021, 79 of the victims were children. (24) Traffickers promise families work and education opportunities for their children but instead bring them to under-resourced and unregistered orphanages in urban centers, where the children are subjected to forced labor and forced begging on the streets. In addition, there are reports that some orphanages keep children in destitute and unsanitary conditions to attract charitable donations from foreigners. (6,20,21)

The entertainment sector was closed intermittently during the reporting period due to COVID-19 pandemic-related national lockdowns. Prevalence data to determine the number of workers affected in this sector, including children, are lacking. (25) Research has indicated that thousands of children, some as young as age 11, continue to be trapped in the country's entertainment sectors. Children are recruited from rural areas and trafficked to cities by friends, relatives, and neighbors. (26) One study found that 17 percent of workers in the adult entertainment sector are minors, and 62 percent of adult women in that industry started their work as minors, some as young as 7 years old. (25)

Many children in Nepal are engaged in the production of bricks, which exposes them to hazardous working conditions, including carrying heavy loads and using dangerous machinery. (1,6,26) There are an estimated 17,738 child laborers in the brick kilns of Nepal, with 15,400 of these children engaged in hazardous work. (10,27) While most industries remained closed due to the pandemic, bonded labor continued in sectors such as agriculture and domestic work. (2)

In April 2021, schools in Nepal closed again due to the second wave of the pandemic, and again in January 2022 due to the Omicron variant. (2,28-30) As of December 2021, many children had been out of classrooms for almost 18 months. (2) School closures have led to continued disruptions of children's education in the reporting year. (28) While the Government of Nepal implemented learning programs, including new alternative learning methods, the establishment of an online portal, and broadcasting education programs through media channels, a substantial number of children are expected to suffer from learning loss. Moreover, these disruptions have been severe for children from rural areas with no access to alternative learning modalities. (2,28) This situation has increased the risk of children being diverted from education to child labor, especially in rural and high mountain areas, where local resources are inadequate. (2) Children who began working during the first lockdown in March 2020 continued to do so even after returning to school in early 2021. (29) The pandemic has further amplified the economic hardship of people who lack financial resources. Those hardest hit have been daily wage earners, women working in the entertainment sector, brick-kiln workers, and owners of small businesses. (24) The UNICEF COVID-19 Child and Family Tracker has found that 50 percent of households in Nepal have lost a source of income, and many families lack credit or savings to overcome these financial setbacks, putting their children at risk of having to enter the workforce to support their families. (24) Research has indicated that most children were found working in brick kilns, carpet factories, construction, and as vendors. (29)

Carpet factories are considered part of the formal sector, but many of the subcontractors working in the informal sector use child labor further down the supply chain. Although NGOs believe that the number of children involved in producing carpets continued to decrease, research was unable to confirm this claim. (12)

Some children, particularly girls, face barriers to accessing education due to a lack of sanitation facilities, geographic distance, costs associated with schooling, household chores, and a lack of parental support. (12,31) In Nepal, 32.4 percent of schools lack separate toilet facilities for girls, which can deter them from attending school, especially when they are menstruating. (32,33) The government has introduced free sanitary napkins in all schools across the country to encourage girls to attend their classes. (12) Barriers to attending school for school-age boys include pressure to find employment, migration to work outside Nepal, and issues with drugs and alcohol. Children with disabilities face additional barriers to accessing education, including denial of school admission. (12)

The government allows Bhutanese refugee students in grades 9 to 12 to attend local public schools at no cost, but enrollment remains restricted for younger children. The UNHCR provides parallel free education at lower grades to refugees in the two remaining refugee camps in the country. (2,34) Most Tibetan refugees who live in the country, particularly those who arrived after 1990 or turned the age of 16 after 1995, do not have documentation, nor do their descendant children. Even those with an acknowledged refugee status have no legal rights beyond the ability to remain in the country. (2) Nevertheless, the government allowed NGOs to provide primary- and secondary-level schooling to Tibetans living in Nepal. (34) In addition, more than 700 refugees and asylum seekers from Pakistan, Burma, Afghanistan, Sri Lanka, Bangladesh, Somalia, Iran, Iraq, and the Democratic Republic of the Congo are not recognized as having the status of refugees, but the government allows the UNHCR to provide some education, health, and livelihood services to them. These refugees lack legal access to public education, as well as the right to work. (2,6) Child refugees who cannot legally access public education, and those who are of legal age to work but are not authorized to do so, are more susceptible to being exploited in the worst forms of child labor.

II. Legal Framework for Child Labor

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

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

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

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Nepal’s legal framework to adequately protect children from the worst forms of child labor, including lack on prohibitions of using children in illicit activities.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

14

Section 3 of the Child Labor (Prohibition and Regulation) Act (35)

Minimum Age for Hazardous Work

No

17

Section 3, 28(b) of the Child Labor (Prohibition and Regulation) Act (35)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Schedule 1 of the Child Labor (Prohibition and Regulation) Act (35)

Prohibition of Forced Labor

Yes

 

Section 4 of the Bonded Labor (Prohibition) Act; Section 4 of the Child Labor (Prohibition and Regulation) Act; Sections 2–4 and 15 of the Human Trafficking and Transportation Control Act; Section 4 of the Labor Act (35-38)

Prohibition of Child Trafficking

No

 

Sections 3, 4, and 15 of the Human Trafficking and Transportation Control Act (38)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 66(3)(d) of the Act Relating to Children 2018; Sections 3, 4, and 15 of the Human Trafficking and Transportation Control Act; Sections 16(2) and 16(3) of the Children’s Act (38-40)

Prohibition of Using Children in Illicit Activities

No

 

Section 16 of the Children’s Act (40)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Section 7 of the Military Service Regulation 2069 (41)

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A*

   

Prohibition of Military Recruitment by Non-state Armed Groups

No

 

Article 39 of the Constitution (42)

Compulsory Education Age

Yes

14

Article 31 of the Constitution; Section 6 of the Free and Compulsory Education Act (31,42)

Free Public Education

Yes

 

Section 16D of the Education Act; Section 20 of the Free and Compulsory Education Act; Article 31 of the Constitution (31,42,43)

* Country has no conscription (42,44)

In 2021, the Ministry of Women, Children, and Senior Citizens approved the Online Child Protection Procedure, 2021, per Section 86(1) of the Children's Act. This procedure will help curb the online abuse of children, as Internet access and digital technology in the country have expanded in recent years. (2,39,45)

The minimum age for hazardous work is not consistent with international standards because it does not prohibit children age 17 from engaging in hazardous work. (35) Furthermore, the types of hazardous work prohibited for children do not include brickmaking and stone breaking, sectors in which there is evidence that work involves carrying heavy loads and being exposed to hazardous substances. (6,10,35,46) However, Nepal's National Master Plan on Child Labor (2018–2028) has identified children working in brick kilns as targeted groups vulnerable to hazardous child labor. (47,48)

The law related to child trafficking is insufficient because it does not clearly criminalize recruitment, harboring, receipt, or transportation of children in the absence of force, fraud, or coercion. (38,49) In addition, the law prohibiting the use of children in illicit activities is insufficient because it does not prohibit the use of children in the production of drugs. (50) Nepal ratified the Palermo Protocol in 2020 and the Government of Nepal is in the process of aligning its legal framework for human trafficking with international standards, including broadening its definition of human trafficking and better addressing child trafficking. (14,51)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Department of Labor (DOL), Ministry of Labor, Employment, and Social Security (MoLESS)

Enforces labor laws, including those involving child labor. (14)

Nepal Police, Women, Children and Senior Citizens Service Directorate

Investigates crimes involving women and children, including human trafficking. Operates under the direct supervision of the Women, Children and Senior Citizens Service Directorate in all 77 districts. (52) Assists in children's rescue, rehabilitation, and coordination for arrest of perpetrators in cases of the worst forms of child labor. In cases of hazardous child labor, coordinates with and hands over cases to the DOL. (2,14)

Ministry of Land Reform and Management

Enforces laws that prohibit bonded labor in agriculture. (24) The National Plan of Action designates the Ministry of Land Management, Cooperatives and Poverty Alleviation as the lead ministry to form targeted programs for children involved in forced child labor and their families, particularly in the agricultural sector. The ministry has carried out awareness programs through the cooperatives at local and provincial levels and is designated to align the poverty alleviation program for child labor elimination. (24)

Monitoring Action Committees, Ministry of Women, Children, and Senior Citizens (MWCSC)

Investigate reports of commercial sexual exploitation at the district level, including the exploitation of children in the adult entertainment sector. (53) Contribute to investigations through the Helpline No. 104 and Child Helpline 1098. Provide temporary shelter to rescued children through the National Child Rights Center and support operations of the rehabilitation center for children. (24)

Nepal police has a Women and Children Service Directorate, as well as functioning Anti-Trafficking in Persons (TIP) Bureau, the latter of which was established in 2019. (54) Whether the Anti-TIP Bureau will become a multidisciplinary unit and investigate cases against child labor laws or focus exclusively on trafficking crimes still remains unclear. (2)

In 2020, Nepal established its first labor court to address labor-related issues under the 2017 Labor Act, including child labor issues in certain circumstances. (55) While the Supreme Court compiles cases related to the labor court, it does not disaggregate data regarding child labor. (8) Reports suggest that 123 labor-related cases were filed in fiscal year 2020–2021. Research was unable to determine whether those cases were adequately prosecuted or how many of those cases were related to child labor. (8)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Nepal took actions to address child labor (Table 6). However, gaps exist within the operations of the Department of Labor (DOL) that may hinder adequate labor law enforcement, including insufficient human resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2020

2021

Labor Inspectorate Funding

$3,400† (14)

$5,710‡ (8)

Number of Labor Inspectors

10 (14)

16 (56)

Mechanism to Assess Civil Penalties

Yes (37)

Yes (37)

Initial Training for New Labor Inspectors

Yes (14)

Yes (2)

Training on New Laws Related to Child Labor

N/A (14)

Yes (8)

Refresher Courses Provided

Yes (14)

No (8)

Number of Labor Inspections Conducted

1,421 (14)

1,830‡ (8)

Number Conducted at Worksite

1,421 (14)

1,830‡ (8)

Number of Child Labor Violations Found

15 (14)

16‡ (8)

Number of Child Labor Violations for Which Penalties Were Imposed

15 (14)

15‡ (8)

Number of Child Labor Penalties Imposed that Were Collected

15 (14)

15‡ (8)

Routine Inspections Conducted

Yes (14)

Yes (8)

Routine Inspections Targeted

Yes (14)

Yes (8)

Unannounced Inspections Permitted

Yes (37)

Yes (37)

Unannounced Inspections Conducted

Yes (14,57)

Yes (8)

Complaint Mechanism Exists

Yes (14)

Yes (2)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (14)

Yes (2)

† Data are for July 2019 to July 2020.
‡ Data are for July 2020 to July 2021.

The new Constitutional provision has marked Nepal's transition to federalism. (14,37) The provincial governments have been given more authority, including the task of overseeing child labor monitoring and inspection and maintaining data and documentation on inspections. (14,37) In 2021, the government began the preliminary work of establishing information centers, including guideline preparation, at each local government under the "Procedure on Establishment and Operation of Information and Records Center" for local levels. (8) Reports indicate that child trafficking recordkeeping did not commence during the reporting period. (8) Due to Nepal's transition to a new federal government, strong provisions for local monitoring bodies are not always formed or functional. (58)

NGOs stated that the fines and employer-paid compensation outlined in the Child Labor (Prohibition and Regulation) Act were not adequate deterrents to child labor violations. (14,32) The lack of human resources, capacity, and training on labor laws inhibit robust monitoring to ensure full compliance with the labor laws, and limit Nepal’s ability to take meaningful actions against perpetrators of child labor and its worst forms. Cases are often resolved through negotiations, and the DOL encourages mediation over prosecution, resulting in mild punishments for perpetrators. (2,49) In addition, business owners reportedly may pressure labor inspectors to settle disputes outside court. (2) Furthermore, DOL officials and NGOs stated that officials are sometimes paid to not move child labor cases forward, or parents are given nominal compensation to abandon cases. (14)

The government has also confirmed that it calls on NGOs to assist with official inspections and to increase transparency because it lacks funding and resources. (14) Only a small portion of labor inspectors' responsibilities include child labor inspections and inspectors have little experience conducting them. (2) The government and NGOs state that more than 70 percent of child labor occurs in the informal sector, including in companies with fewer than 10 employees and those that are not registered with the government. (6,14,15) However, the government conducted most of its labor inspections in the formal sector and rarely conducted unannounced inspections. (6) Reporting has suggested that government agencies continue to be reactive rather than proactive in enforcing laws and preventing child labor. (2)

The number of labor inspectors is likely insufficient for the size of Nepal's workforce, which includes more than 16.9 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Nepal should employ about 1,133 inspectors. (59) Although the total number of labor inspector positions in Nepal is 28, only 16 positions are currently filled. (2,56) The DOL noted that the number of inspectors was still inadequate and limited the government's abilities to deal with child labor issues, particularly at the local levels. (12,14)

Although labor inspectors periodically receive training on child labor laws and inspections, the training does not necessarily adhere to any formal schedule. (60) During the reporting period, inspectors did not receive specific training on laws related to child labor or hazardous child labor. They were provided with annual consultations about different issues related to labor laws, including child labor. (2)

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Nepal took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient allocation of financial resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2020

2021

Initial Training for New Criminal Investigators

Unknown (14)

Yes (2)

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

N/A (14)

Unknown (2)

Refresher Courses Provided

Unknown (14)

Unknown (2)

Number of Investigations

Unknown (14)

Unknown (2)

Number of Violations Found

Unknown (14)

Unknown (2)

Number of Prosecutions Initiated

Unknown (14)

Unknown (2)

Number of Convictions

Unknown (14)

Unknown (2)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Unknown (14)

N/A (2)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (14)

Yes (2)

The Nepal Police's Crime Investigation School conducts training for all levels of police personnel in juvenile justice, child rights, and laws relating to child labor issues. (14) However, the government lacks both the human resources and financial capacity to enforce laws prohibiting crimes related to the worst forms of child labor, and it lacks the resources to maintain a centralized database of cases involving the worst forms of child labor, including child trafficking. (6,14,15,61) According to some reporting, only those children in "worst case" scenarios involving physical or sexual abuse were removed from exploitative situations. (2) The Nepal Police do, however, collect and disaggregate data related to human trafficking cases. In fiscal year 2020–2021, there were 134 reported human trafficking cases involving 187 victims. (8,14) Of these, 80 victims were under the age of 18. (8)

The government does not publicly release information on its criminal law enforcement efforts. (14) 

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Child Labor Prevention and Occupational Safety Section, Labor Relations and Social Security Division, MoLESS

Coordinates policymaking on child labor inspection guidelines and monitors implementation of guidelines. (62) Consists of an Under Secretary, one section officer, and one factory inspector. (63) Confers with the MWCSC, the Central Child Welfare Board, the DOL, and District Labor Offices. (62) MoLESS leads an interagency working group against child labor headed by a Joint Secretary, which coordinates efforts against child labor with UN agencies and international organizations working on child rights and child protection. (63) The organization was active during the reporting period. (8)

Nepal Child Rights Council

Coordinates and facilitates monitoring, evaluation, and reviewing of local child rights on the provincial and local levels. (2,64) Chaired by the Women, Children, and Senior Citizens Minister and consists of 23 members from the federal and local levels. (2,64) In 2021, the council successfully reunited 82 percent of registered missing children with their families. (8) The council also rescued 355 street children, of whom 58 were engaged in hazardous work, and provided protection and management. (8) During the reporting period, the council formed new child rights protection and promotion procedures in 186 local governments. (2) The council also formed new child rights protection committees in 129 local governments, with child welfare officers positioned at 51 local levels. A local child fund was also initiated in 135 local governments around the country and the child helpline was expanded from 12 to 18 locations in fiscal year 2020–2021. (2)

National Child Labor Elimination Committee

Provides recommendations to the government on necessary reforms in the existing child labor laws and policies under the Child Labor Act. (35,65) Administers consultations to the government to make necessary arrangements for the health, safety, education, and occupational training of children working in institutions; monitors effective implementation of policies and laws aimed at eliminating child labor. (35,65) The committee is provisioned by the National Master Plan to End Child Labor and chaired by the Secretary of MoLESS. (15) Due to the pandemic, the group did not meet during the reporting period, but the government has initiated a Child Rights System at the local level. (2)

National Network Against Child Labor

Coordinates the referral of children who are found in child labor to social services. (24) Consists of District Labor Officers, District Women and Children Officers, officers from the Nepal Police Women and Children Service Centers, Chief District Officers, NGOs, and thousands of youth clubs. (66) While research suggests that the National Network Against Child Labor was active during the reporting period, research was unable to determine their efforts and activities.

National Committee for Controlling Human Trafficking

Coordinates the implementation of anti-human trafficking laws, policies, and programs at the central, district, and local levels of government. Led by the MWCSC and consists of government officials and NGO representatives. (67) During the reporting period, the committee held orientation programs for elected officials in different local government bodies. (8) The Government of Nepal successfully repatriated 60 victims of human trafficking and provided services to 2,628 individuals under the committee's leadership. (8) The committee conducted a midterm evaluation of the National Plan of Action. However, due to the pandemic, the group was not able to produce any results on the National Plan of Action on Combating Trafficking in Persons or amend the Human Trafficking and Transportation Control Rules. (8) The committee also organized several awareness activities to commemorate the National Day Against Human Trafficking. (8)

National Human Rights Commission (NHRC)

Carries out periodic reviews of relevant laws and publishes the annual trafficking in persons report in coordination with government ministries. (8,68) The Social Inclusion and Gender Equality Division of the NHRC monitors and receives complaints on child rights violations and continues to collaborate with international organizations, NGOs, and other child rights organizations. (63) During the reporting period, the NHRC worked to draw attention among stakeholders to violations of child rights. (8)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including updating existing policies to better align with the constitutional transition to federalism.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Master Plan to End Child Labor (July 2018–July 2028)

Prioritizes ending the worst forms of child labor by 2022, and all forms of child labor by 2025. (2) Established an annual monitoring evaluation and reporting system through which information will be made publicly available. (14,69) Includes a strategy to establish a child rescue fund to rescue children from difficult circumstances, including child labor, and adopts a "zero-tolerance policy" against child labor, child trafficking, and any forms of violence against children. (2) During the reporting period, the government drafted an action plan for the elimination of child labor to facilitate the implementation of the National Master Plan to End Child Labor, which aims to abolish the worst forms of child labor by 2025. (2,17,70)

The New School Education Plan†

Expands access to education to all children, improves the quality of education, facilitates improved management and governance of school education. The program will impact 8.2 million school-going children in Nepal. (71) The New School Education Plan succeeded the former School Sector Development Plan, which was discontinued in July 2021. (72) Overseen by the Ministry of Education, Science and Technology. (73) For fiscal year 2021–2022, the plan emphasizes a pandemic response plan for school education and mechanisms to reduce disruptions to children's learning. (74) The budget for the new plan is around $7.8 billion (953 billion rupees) over 10 years and is set to take effect in the new fiscal year beginning in July 2022. (72)

National Plan of Action on Combating Trafficking in Persons, Especially Women and Children (2011–2022)

Promotes and protects the rights of human trafficking victims and survivors, and outlines policies for providing justice and punishing perpetrators. (65,75) The MWCSC prepared the Child Development Strategy, which will include the elimination of child labor; however, details about the plan have not been released. (2)

† Policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (14,32)

The Fifteenth National Plan of Nepal (2019/2020–2023/2024) has incorporated ending child labor as one of its objectives. It includes making necessary legal provisions to end all forms of child labor and increasing the target number of inspections for child labor in each Nepali fiscal year, which begins and ends in July each year. (2,14,76)

The Ministry of Labor, Employment, and Social Security (MoLESS), with support from international NGOs, passed the Child Labor Free Declaration Procedures for the Local Governments to identify and declare at least 50 local jurisdictions to be free of child labor for the Nepali 2020–2021 fiscal year. These guidelines incorporated several indicators, including a child labor survey and programs at the local level to eliminate child labor. (2) Through this measure, the government set up an Emergency Fund at the national and local levels to rescue and rehabilitate vulnerable children. (2) Additionally, in 2021, the Nepali government passed a new guideline that sets criteria for municipalities and local governments to maintain a child labor-free workforce for which the government allocated approximately $170,000 (20.7 million rupees). (2)

The Nepal Master Plan-II (NMP-II) has incorporated five strategies to eradicate child labor, including regular search and monitoring, rescue, and rehabilitation. The NMP-II includes some indicators to ensure that inspections are performed properly. (2)

Research has found that there is a need to update the National Plan of Action on Combating Trafficking in Persons so that it better aligns with Nepal's anti-trafficking programming within the new federal structure, as well as to better address forced labor. (21,53)

Nepal is a Pathfinder country under Alliance 8.7, which calls for the eradication of child labor by 2025, and of forced labor, modern slavery, and human trafficking by 2030. (14,77) For the 2021–2022 fiscal year, the Nepali government has allocated around $8,500 (1,000,000 rupees) for various activities that align with Pathfinder goals, which includes aligning federal laws to streamline child labor policies federally. (2,78) 

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy to address the problem in all sectors.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Social Security Fund Program†

Helps support workers and their families through a tripartite contribution policy, an important initiative to help combat and prevent child labor. (15,79) In the Nepali fiscal year 2020–2021, 2,492 new employers and 105,488 new employees joined the program. Currently, there are 14,971 employers and 273,730 employees enrolled. (8) The total number of contributions to the fund reached approximately $56 million (6.8 billion Nepali rupees) in 2021. (8) There were 5,611 claims made during the fiscal year, amounting to $1.1 million (142 million Nepali rupees). (8) In addition, in 2021, the government expanded the scope of the program by widening coverage for beneficiaries and streamlining access to facilities provided, such as additional health coverage. This expansion was on top of an earlier implemented credit scheme that provided easier access to loan services. (80,81)

Helpline and Hotline Programs†

Child Helpline—1098 is an MWCSC and Child Workers in Nepal-funded helpline. (12) Responds to calls about missing children, child abuse, child labor, child trafficking, and child sexual abuse in 13 districts and municipalities in Nepal and Bangladesh, Bhutan, India, Maldives, Pakistan, and Sri Lanka. (82) During the reporting period, the child helpline was expanded from 12 to 18 locations. (2) National Center for Children at Risk—Hotline No. 104 is a hotline operated from Vrikutimandap, Kathmandu, which is jointly run by the Central Child Welfare Board and Nepal Police. (2,53) The hotline covers cases for 74 out of the total 77 districts in Nepal. (2) Per the Nepal Police, four to five children on average are rescued from child labor every month from informal sectors, such as transportation, domestic work, tea shops, and restaurants, through the complaints received through the hotline. (49) "Hello Sarkar" is an initiative established by the Office of the Prime Minister. It receives child labor complaints from the public through a hotline, Facebook, and Twitter. (15) According to the National Child Rights Council, 15,644 children received protection assistance through the council during the 2020–2021 fiscal year. Out of the 15,644 children, 10,348 received services through the 1098 helpline service. (2) Additionally, special COVID-19 helpdesks for children's issues were established in 18 locations and provided services to almost 3,000 children. (2)

Support for Schools†

MoLESS program that supports schools for children ages 5 to 16 who are at risk of working in the worst forms of child labor. Provides scholarships to cover associated schooling costs for children outside the Kathmandu Valley to attend a local public school and works with local NGOs to verify that children are attending class. (7) In 2021, an education sector analysis was carried out as part of the School Sector Development Program. The analysis provided input for the New Education Sector Plan. (8)

Hamro Samman ("Our Respect") (2017–2022)

USAID-funded project, implemented by Winrock International, to strengthen national and local efforts to counter human trafficking, improve civil society advocacy and engagement, and increase private sector partnerships to empower survivors and prevent trafficking of at-risk populations. (15,32,83) During the reporting period, Hamro Samman and provincial partners formed 383 local committees for combating human trafficking. (84) Hamro Samman worked with the MWCSC to create and apply an integrated human trafficking data system to monitor human trafficking cases and support policymakers at the local level. (84)

USDOL-Funded Projects

USDOL projects in Nepal focused on forced labor and child labor, including eliminating child labor in its worst forms. These projects include Sakriya, a $2.85 million project implemented by World Education, Inc., and From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project), implemented in six countries by ILO. (85,86) During the reporting period, the Sakriya project, along with its implementing partners, identified and documented child labor, raised awareness on child labor, and undertook primary care management initiatives to address child labor. (87) The Bridge project also continued to conduct livelihood interventions as well as train and use civil-society networks to reach the most vulnerable populations in Nepal. (88) Additional information is available on the USDOL website.

† Program is funded by the Government of Nepal.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (14)

Although Nepal has programs that target child labor, gaps exist in these social programs, including programs that support child victims of commercial sexual exploitation and children working in the production of bricks.

VII. Suggested Government Actions to Eliminate Child Labor

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

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

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

2009 – 2021

 

Ensure that the types of hazardous work prohibited for children are comprehensive and include sectors in which there is evidence of child labor, including brickmaking.

2015 – 2021

 

Ensure that the legal framework comprehensively and criminally prohibits the human trafficking of children without requiring proof of the use of force, fraud, or coercion.

2015 – 2021

 

Ensure that the law criminally prohibits the use of children in illicit activities, including the production of drugs.

2015 – 2021

 

Ensure that the law criminally penalizes the recruitment of children under age 18 by non-state armed groups.

2016 – 2021

Enforcement

Increase penalties to ensure sufficient deterrence of child labor law violations.

2015 – 2021

 

Ensure that legal provisions against child labor are implemented and enforced against perpetrators.

2018 – 2021

 

Ensure that the Department of Labor’s budget is sufficient to adequately enforce child labor laws.

2016 – 2021

 

Improve human resource capacity, including increasing the number of child labor inspections, especially in the informal sector.

2018 – 2021

 

Strengthen the labor inspectorate, particularly at the local levels, by initiating routine targeted inspections in all sectors and increasing the number of unannounced inspections rather than performing inspections solely based on complaints received.

2017 – 2021

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2010 – 2021

 

Institutionalize trainings for labor inspectors on laws related to child labor, including its worst forms.

2019 – 2021

 

Publish data on criminal law enforcement actions, including initial training for new criminal investigators, refresher courses for investigators, and the number of investigations, violations, prosecutions, convictions, and penalties imposed for violations related to the worst forms of child labor.

2009 – 2021

 

Provide additional resources to criminal law enforcement agencies so they are able to enforce laws prohibiting crimes related to the worst forms of child labor.

2011 – 2021

 

Provide sufficient resources to create a centralized database to track and monitor cases of the worst forms of child labor, disaggregated by type of activity, including labor court data related to child labor.

2009 – 2021

Coordination

Ensure that all coordinating bodies are active and able to carry out their intended mandates.

2020 – 2021

Government Policies

Update the National Plan of Action on Combating Trafficking in Persons, Especially Women and Children to better address forced labor and align it with anti- human trafficking programming.

2018 – 2021

Social Programs

Conduct research to determine the types of activities carried out by children, including in the construction sector, to inform social policies and programs.

2019 – 2021

 

Eliminate barriers to education, including the lack of sanitation facilities at schools, long distances to schools, fees associated with schooling, pressure to find work, migration to work outside of Nepal, and issues with drugs and alcohol.

2013 – 2021

 

Enhance efforts to eliminate barriers and make education accessible for all children, including children with disabilities and refugee children.

2019 – 2021

 

Create social programs that support all victims of commercial sexual exploitation and children working in the brick industry.

2018 – 2021

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