2019 Findings on the Worst Forms of Child Labor: Nepal

 

In 2019, Nepal made a moderate advancement in efforts to eliminate the worst forms of child labor. The government published the Nepal Labor Force Survey Report, with data on child labor and forced labor. In addition, the government introduced a new education policy during the reporting year, providing free and compulsory education to all children. The police also created a new anti-trafficking bureau to assist in child victims' rescue and rehabilitation, as well as coordination with the Department of Labor on cases of hazardous child labor. However, children in Nepal engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in the production of bricks. The Department of Labor’s budget, the number of labor inspectors, and available resources and training are all insufficient for enforcing labor laws, including those related to child labor. Furthermore, children age 17 are excluded from the protections of the country’s hazardous work list, leaving them vulnerable to the worst forms of child labor.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Nepal engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in the production of bricks. (1,2,3) Table 1 provides key indicators on children's work and education in Nepal.

Table 1. Statistics on Children’s Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

37.2 (6,755,852)

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, 2020. (4)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 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 harvesting caterpillar fungus (yarsagumba) (6-8)

 

Herding and feeding livestock (6,9,10)

Industry

Producing bricks (1,6,10,11-18)

 

Quarrying, collecting, and breaking stones, and quarrying and collecting sand (6-8,17,18)

 

Construction,† activities unknown (8,10,18-20)

 

Weaving carpet† (6,10,17,18,21,22)

 

Producing embellished textiles (zari)† and embroidery (6,7,10,17,18,20)

 

Producing metal crafts (2,7,8,10,17)

Services

Domestic work (6,10,17,18,23-25)

 

Mechanical workshops for cars and motorbikes (17,18)

 

Working in transportation,† portering, and collecting recyclable waste (6,8,10,17-19)

 

Working in hotels,† restaurants,† tea shops, and in entertainment,† including as dancers† (6,8,17-19,26)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (3,6,17,18,26)

 

Forced labor in embellishing textiles (zari), weaving carpets, and domestic work (2,3,17,18,20,21,24,26,27)

 

Forced labor in agriculture, producing bricks, quarrying, and breaking stones (2,3,7,13,17,18,26,28)

 

Use in illicit activities, including the cultivation and trafficking of drugs (2,8,18)

 

Forced begging (3,26,27,29)

† 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.

Children are trafficked for commercial sexual exploitation both within and outside Nepal, including to India, the Middle East, Asia, and Sub-Saharan Africa. (6,20,26,27,30,31) Many children in Nepal are engaged in the production of bricks, which exposes them to hazardous working conditions, including carrying heaving loads, using dangerous machinery, and working in extreme heat. (1,3,32)

In addition, traffickers promise families work and education opportunities for the children, but instead bring them to often under-resourced and unregistered orphanages in urban centers, and there the children are exploited commercially to attract charitable donations from foreigners. There are reports that some orphanages keep children in destitute and unsanitary conditions and force them to beg on the streets. (26,27)

According to the Nepal Labor Force Survey published by the government, there are an estimated 31,338 victims of forced labor in Nepal, of which 17 percent are under age 15. Approximately 286,000 children were involved in work for pay, although the report noted that not all working children are in child labor. (33) The government and the ILO are still analyzing the Nepal Labor Force Survey-III dataset to estimate child labor victim numbers. Preliminary findings show that about 945,000 children ages 5 to 17 are involved in child labor. (18) Although the government collected and published data on child work, the survey does not report on all forms of child labor, including hazardous jobs. (33)

During the reporting period, NGOs continued to report that children were working in brick kilns carrying loads, preparing bricks, and performing other tasks for extended periods of time; however, the number of children working in this sector continues to gradually decrease. (18) Carpet factories are considered to be in 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, there were no data available to verify this claim. (17,18)

As the government increased the number of raids in the entertainment sector, the number of children working in this sector has decreased; and with an increased awareness regarding child labor, NGOs are seeing a decrease in child labor across all sectors. (18)

In support of the Free and Compulsory Education Act of 2018, the government introduced a new education policy in December 2019, providing free and compulsory education to all children, thereby contributing to reducing child labor. However, some children, particularly girls, face barriers to accessing education due to lack of sanitation facilities, geographic distance, costs associated with schooling, household chores, and lack of parental support. (2,18,34) 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. (2,35) During the reporting period, the government introduced free sanitary napkins in all schools across the country to encourage girls to attend their classes. (18) Barriers for attending school for school-age boys include pressure to find employment, migration to work outside of Nepal, and issues with drugs and alcohol. Children with disabilities face additional barriers to accessing education, including denial of school admission. (2,17,18)

The government allows Bhutanese refugee students in grades 9–12 to attend local public schools at no cost, but enrollment remains restricted for younger children. UNHCR provides parallel free education at lower grades to refugees in the two remaining refugee camps in the country. (18) During the reporting period, the government allowed NGOs to provide primary- and secondary-level schooling to Tibetans living in the country. (17,18) 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 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. (17,18) Child refugees who cannot legally access public education, as well as those 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.

The Central Level Project Implementation Unit is currently committed to reconstructing 6,456 of the 7,509 schools that were affected by the 2015 earthquakes. During the reporting period, 5,384 of the 6,456 schools have been fully reconstructed, 1,577 are under construction, and 210 have been selected for reconstruction. (18)

II. Legal Framework for Child Labor

Nepal has ratified most 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 the lack of a minimum age for hazardous work that is consistent with international standards.

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 (36)

Minimum Age for Hazardous Work

No

17

Section 3 of the Child Labor (Prohibition and Regulation) Act (36)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Schedule 1 of the Child Labor (Prohibition and Regulation) Act (36)

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 (36,37-39)

Prohibition of Child Trafficking

No

 

Sections 3–4 and 15 of the Human Trafficking and Transportation Control Act (39)

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 (39,40)

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 (6,42)

Compulsory Education Age

Yes

14

Article 31 of the Constitution; Section 6 of the Free and Compulsory Education Act (34,42)

Free Public Education

Yes

 

Section 16D of the Education Act; Section 20 of the Free and Compulsory Education Act (34,42,43)

* No conscription (42,44)

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. (36,45) The types of hazardous work prohibited for children also do not include brickmaking, a sector in which there is evidence that work involves carrying heavy loads and being exposed to hazardous substances. (36,46)

Laws related to child trafficking are insufficient because they do not clearly criminalize recruitment, harboring, receipt, or transportation in the absence of force, fraud, or coercion. (47) The legal framework prohibiting the use of children in illicit activities is also insufficient because it does not prohibit the use of children in the production of drugs. (45)

Although the Constitution prohibits the recruitment of children by non-state armed groups, there is no specific legislation penalizing this practice. (34,42,44)

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, the exceptionally low number of worksite inspections conducted at the national level in Nepal may impede the enforcement of child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

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

Enforces labor laws, including those involving child labor. Investigates and holds hearings in 10 District Labor Offices. (48)

Nepal Police, Women and Children Service Directorate

Investigates crimes involving women and children, including human trafficking. Conducts work through the Nepal Police Women and Children Service Centers in all 77 districts. (49) The Nepal Police handles complaints received about child labor in districts without a District Labor Office. (48)

Ministry of Land Reform and Management

Enforces laws that prohibit bonded labor in agriculture. (2)

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. (26,50)

NGOs have noted that the Department of Labor does not take meaningful action against perpetrators, despite having the authority to do so, and encourages mediation over prosecution, resulting in mild punishments for perpetrators. (17,47) High turnover rates in government staff lead to gaps in personnel capacity. (18,47)

Labor Law Enforcement

In 2019, the exceptionally low number of worksite inspections conducted at the national level in Nepal may have impeded the enforcement of child labor laws (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2018

2019

Labor Inspectorate Funding

$4,000† (47)

$3,100‡ (18)

Number of Labor Inspectors

10† (47)

14‡ (18)

Inspectorate Authorized to Assess Penalties

Yes (17)

Yes (18)

Initial Training for New Labor Inspectors

N/A (17)

Yes (18)

Training on New Laws Related to Child Labor

Unknown (17)

N/A (18)

Refresher Courses Provided

Yes (47)

No (18)

Number of Labor Inspections Conducted

1,050† (17)

1,258‡ (18)

Number Conducted at Worksite

Unknown (17)

Unknown (18)

Number of Child Labor Violations Found

75 (17)

Unknown (18)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown (17)

Unknown (18)

Number of Child Labor Penalties Imposed that Were Collected

Unknown (17)

Unknown (18)

Routine Inspections Conducted

Yes (17)

Yes (18)

Routine Inspections Targeted

Yes (47)

Yes (18)

Unannounced Inspections Permitted

Yes (17)

Yes (18)

Unannounced Inspections Conducted

Yes (17)

Yes (18)

Complaint Mechanism Exists

Yes (17)

Yes (18)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (17)

Yes (18)

† Data are from July 2017 to July 2018.
‡ Data are from July 2018 to July 2019.

Under a new Constitutional provision and federalism, the provincial governments have been given more authority, including the task of overseeing child labor monitoring and inspection, as well as maintaining data and documentation on the inspections. (18,38) During the reporting period, the government increased the number of inspections conducted, with 746 inspections focused on child labor. (51) However, the government and NGOs agreed that the fines and employer-paid compensation outlined in the Child Labor (Prohibition and Regulation) Act were not adequate as deterrents to child labor violations. (2,52) The government has also confirmed that it calls on NGOs to assist with official inspections, because it lacks funding and resources, and to increase transparency. The government and NGOs state that most child labor occurs in the informal sector, including in companies with fewer than 10 employees and those that are not registered with the government. (17) However, the government conducted most of its labor inspections in the formal sector. (53) Although the government claims to monitor companies regularly, NGOs report that due to resource limitations, enforcement agencies respond only to child labor complaints. (17,18)

In addition, the number of labor inspectors is likely insufficient for the size of Nepal's workforce, which includes more than 16.8 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Nepal would employ about 1,120 inspectors. (54,55) Although labor inspectors periodically receive training on child labor laws and inspection, this training does not necessarily adhere to any formal schedule. (48,53) The Nepali Department of Labor 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. (17,18,56)

Although formal data are not available, the local government of Rolpa district of west Nepal reported that 84 child laborers were rescued from different locations in Nepal and reintegrated with their families in Rolpa. (18) The government did not provide information on its labor law enforcement efforts, including the number of labor inspections conducted at worksites, the number of imposed penalties for child labor violations, and the number of imposed penalties that were collected for inclusion in this report.

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Nepal took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including allocating financial resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2018

2019

Initial Training for New Criminal Investigators

Unknown (17)

Unknown (18)

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

N/A (17)

N/A (18)

Refresher Courses Provided

Unknown (17)

Unknown (18)

Number of Investigations

Unknown (17)

Unknown (18)

Number of Violations Found

Unknown (17)

Unknown (18)

Number of Prosecutions Initiated

Unknown (17)

Unknown (18)

Number of Convictions

Unknown (17)

Unknown (18)

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

Unknown (47)

Unknown (18)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (17)

Yes (18)

Once fully operational, the newly formed Anti-Trafficking in Persons Bureau within the Nepal Police, headed by a Senior Superintendent of Police, will assist in children's rescue, rehabilitation, and coordination for arrest of perpetrators. (17,18,26) The establishment of this bureau will allow the Government of Nepal to meet some of the obligations arising out the process of acceding to the Palermo Protocol. (26) In addition, the Nepal Police's Crime Investigation School conducts trainings for all levels of police personnel in juvenile justice, child rights, and laws relating to child labor issues. (17,18)

According to the data received from the Office of the Attorney General, between July 2018 to November 2019, cases with 90 victims of child trafficking from different parts of the country were filed in courts. The government did not provide data on the purpose of human trafficking, the community of origin, or the destination. (18) In addition, news reports indicate that police rescued more than 300 child laborers from Telengana and different states in Nepal in January 2019. (57) However, the government lacks both the human resource 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. (8,17,58)

The government did not provide information on its criminal law enforcement efforts, including information on whether there were initial trainings for new criminal investigators or refresher courses offered. The government also did not provide disaggregated data on child labor, including the number of violations found, the number of initiated prosecutions, the number of convictions, as well as the number of penalties imposed for violations related to the worst forms of child labor for inclusion in this report. (18)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

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

Coordinating Body

Role & Description

Labor Relations, Child Labor Prevention, and Information Section

Coordinates policymaking on child labor inspection guidelines and monitors implementation of guidelines. (59,60) Consists of a senior factory inspector, two labor officers, and a senior assistant in MoLESS. Confers with MWCSC, the Central Child Welfare Board, the Department of Labor, and District Labor Offices. (59) During the reporting period, organized a program in coordination with the Department of Labor and NGOs to commemorate Anti-Child Labor Day. (61)

National Child Labor Elimination Committee

Provisioned by the Nepal Master Plan and chaired by the Secretary of MoLESS. (17) Under the Child Labor Act, provides recommendations to the government on necessary reforms in the existing child labor laws and policies; provides consultations to the government to make necessary arrangements for health, safety, education, and occupational training of the children working in institutions; and monitors effective implementation of the policies and laws aimed at eliminating child labor. (36,62) During the reporting period, the committee organized two meetings with the Child Labor Inter-Agency Working Group and also contributed to implementation of Winrock International's Country Level Engagement and Assistance to Reduce Child Labor II project: the Nepal-Country Level Engagement and Assistance to Reduce Child Labor Project. (61)

National Network Against Child Labor

Coordinates the referral of children who are found in child labor to social services. 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. (61) This coordinating body was active during the reporting period. (61)

National Coordination Committee on Human Trafficking

Coordinates the implementation of anti-human trafficking laws, policies, and programs at the central, district, and local levels of government. Led by MWCSC and consists of government officials and NGO representatives. (50) The committee met at least four times between July to December 2019 to amend trafficking in persons regulations to align with the new federal structure. (61)

National Human Rights Commission

Monitors and receives complaints on child rights violations. (63) Reports on the status of human trafficking victims and coordinates with civil society organizations through the Office of the Special Rapporteur on Trafficking. (63) This coordinating body was active during the reporting period. (61) Published its human trafficking report in August 2019 with information about prevention, protection, and prosecution, as well as coordination and capacity-building regarding trafficking in persons and covering the period July 2018 to July 2019. (27)

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 the National Plan of Action on Combating Trafficking in Persons, Especially Women and Children to better align with the constitutional transition to federalism.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Master Plan (NMP-II) 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. Uses five strategies to achieve goals. Established an annual monitoring evaluation and reporting system through which information will be made publicly available. (17,18,64) During the reporting period, MoLESS formed a subcommittee Interagency Working Group comprising nine NGOs and UN agencies to help advance the implementation of NMP-II. This policy was active during the reporting period. (18)

School Sector Development Plan (2016/17–2022/23)

Aims to expand access to education and provide alternative schooling and non-formal education to vulnerable populations, including children who are out of school and at risk of entering the worst forms of child labor. Overseen by the Ministry of Education, Science and Technology. (2,17) Since July 2019, the government has implemented the School Sector Development Plan through local and provincial governments. (61)

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. This policy was active, and a mid-term review was carried out during the reporting period. (62)

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (2)

There is a need to update the National Plan of Action so that it better aligns Nepal's anti-trafficking programming with the constitutional transition to federalism, as well as to better address forced labor. (26,27,65)

Nepal is a Pathfinder country under Alliance 8.7, which calls for the eradication of child labor by 2025, and forced labor, modern slavery, and human trafficking by 2030. In 2019, the Government of Nepal held its second Pathfinder Country Strategic Workshop of the Alliance 8.7, which identified national priorities, operational structure, and roadmap for Nepal to reach its Sustainable Development Goal Target 8.7. (66)

VI. Social Programs to Address Child Labor

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10).

Table 10. Key Social Programs to Address Child Labor

Program

Description

Social Security Fund Program†

MoLESS program aimed to help support workers and their families through a tripartite contribution policy, an important initiative to help combat and prevent child labor. (17,67) This program was active during the reporting period. (61)

Helpline and Hotline Programs†

Child Helpline—1098 is a MWCSC- and Child Workers in Nepal-funded helpline operated by the Nepal Telecommunications Authority. (17,52) Responds to calls about missing children, child abuse, child labor, child trafficking, and child sexual abuse in 13 districts and municipalities in Nepal, as well as in Bangladesh, Bhutan, India, Maldives, Pakistan, and Sri Lanka. (48,52,68) Provides rescue services, medical treatment, counseling, legal support, skills training, and shelter services. (26) This program was active during the reporting period. (47) 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. (17,26) Per the Nepal Police, about four to five children on average are rescued from child labor every month from informal sectors, such as transportation, domestic help, tea shops, and restaurants, through the complaints received through the hotline. (47) "Hello Sarkar" is an initiative established by the Office of the Prime Minister. Receives child labor complaints from the public through a hotline, Facebook, and Twitter. (17) MWCSW officials noted that, during the reporting period, the government's attention to child labor issues has increased because of civil society awareness campaigns and widespread media coverage of the hotlines. (18)

Support for Schools†

MoLESS program that supports schools for children ages 5–16 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. (8) The program was active during the reporting period. (61)

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

USAID-funded project, implemented by Winrock International, to strengthen national and local efforts to counter trafficking in persons, improve civil society advocacy and engagement, and increase private sector partnerships to empower survivors and prevent trafficking of at-risk populations. (2,17,69) This program was active during the reporting period. (47)

USDOL-Funded Projects

USDOL projects in Nepal focus on both forced labor and child labor, including eliminating child labor in its worst forms. These projects include Sakriya, implemented by World Education, Inc.; From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project), implemented by the ILO; Closing the Child Labor and Forced Labor Evidence Gap: Impact Evaluations, implemented by Vanderbilt University; Closing the Child Labor and Forced Labor Evidence Gap: Impact Evaluations, implemented by the University of Notre Dame; and Country Level Engagement and Assistance to Reduce Child Labor II (CLEAR II), implemented by Winrock International. (70,71) Additional information is available on the USDOL website.

† Program is funded by the Government of Nepal.

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

Accede to the Palermo Protocol on Trafficking in Persons.

2013 – 2019

 

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

2009 – 2019

 

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 – 2019

 

Ensure that the legal framework comprehensively and criminally prohibits the trafficking of children in accordance with international standards.

2015 – 2019

 

Ensure that the law criminally prohibits the use of children up to age 18 in the production of drugs.

2015 – 2019

 

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

2016 – 2019

Enforcement

Publish data on labor law enforcement actions, including the number of labor inspections conducted at worksites, the number of child labor violations found, the number of imposed penalties for child labor violations, and the number of imposed penalties that were collected, and criminal law enforcement actions, including whether new criminal investigators received initial training, refresher courses for investigators, and the number of violations, prosecutions, convictions, and penalties imposed for violations related to the worst forms of child labor.

2009 – 2019

 

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.

2009 – 2019

 

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

2010 – 2019

 

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

2018 – 2019

 

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

2016 – 2019

 

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

2015 – 2019

 

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 – 2019

 

Strengthen the labor inspectorate, particularly at the local levels, by initiating routine targeted inspections rather than performing inspections solely based on complaints received.

2017 – 2019

 

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

2018 – 2019

 

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

2019

Government Policies

Adopt a policy that addresses all relevant worst forms of child labor, such as forced labor of children, and use of children in illicit activities.

2016 – 2019

 

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-trafficking programming.

2018 – 2019

Social Programs

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

2019

 

Collect and publish data on child labor and its worst forms, particularly regarding hazardous work.

2018 – 2019

 

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

2013 – 2019

 

Create social programs that support child victims of commercial sexual exploitation, as well as children working in the brick industry.

2018 – 2019

 

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

2019

References
  1. Myers, Lisa, and Laura Theytaz-Bergman. The Neglected Link: Effects of Climate Change and Environmental Degradation on Child Labour. Terre des Hommes, June 2017.
    http://www.terredeshommes.org/wp-content/uploads/2017/06/CL-Report-2017-engl.pdf.

  2. U.S. Embassy- Kathmandu. Reporting. January 12, 2018.

  3. U.S. Department of State. 2019 Trafficking in Persons Report: Nepal. Washington, DC: June 20, 2019.
    https://www.state.gov/reports/2019-trafficking-in-persons-report-2/nepal/.

  4. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
    http://data.uis.unesco.org/.

  5. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Multiple Indicator Cluster Survey 5, 2014. Analysis received March 2020. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.

  6. Luitel, S.R. Interview with USDOL official. April 23, 2015.

  7. Saroj, K.C. Child Labour: Learn from Others. Himalayan Times, July 28, 2016.
    https://thehimalayantimes.com/opinion/child-labour-learn-others/.

  8. U.S. Embassy- Kathmandu. Reporting. January 13, 2017.

  9. Pradhanang, U.B., et al. National Livestock Policy of Nepal: Needs and Opportunities. Agriculture 5 (2015).
    http://www.mdpi.com/2077-0472/5/1/103/pdf.

  10. Neupane, L.R. Interview with USDOL official. April 23, 2015.

  11. Andrews, Deborah. A Better Brick: Addressing Child Labor in Nepal's Brick-Making Industry. The Child Labor Coalition, May 6, 2016.
    http://stopchildlabor.org/?p=4325.

  12. Himalayan Times. Number of child workers in brick kilns alarming. June 13, 2016.
    http://thehimalayantimes.com/kathmandu/number-child-workers-brick-kilns-alarming/.

  13. Pattisson, Pete. Aid money for development projects in Nepal linked to child labour. The Guardian, February 12, 2015.
    https://www.theguardian.com/global-development/2015/feb/12/aid-money-development-projects-nepal-child-labour.

  14. Child Development Society. Children in Brick Kilns: Origin and Migration Status. June 12, 2016. Source on file.

  15. Khanal, Kalpana. For Children Working in Kilns, Nepal's Anti-Child Labor Laws Remain Distant, Ineffective. Global Press Journal, May 7, 2017.
    https://globalpressjournal.com/asia/nepal/children-working-kilns-nepals-anti-child-labor-laws-remain-distant-ineffective/.

  16. Shrestha, Anita. Brick Kilns still a hub of child labour. Himalayan Times, June 12, 2017. Source on file.

  17. U.S. Embassy- Kathmandu. Reporting. January 22, 2019.

  18. U.S. Embassy - Kathmandu. Reporting. February 3, 2020.

  19. Republica. High number of child labor in Udaypur. July 28, 2016. Source on file.

  20. U.S. Embassy- Kathmandu. Reporting. February 8, 2018.

  21. The Kathmandu Post. Child workers flee carpet factory due to poor condition, sexual harassment. February 29, 2016.
    http://kathmandupost.ekantipur.com/news/2016-02-29/child-workers-flee-carpet-factory-due-to-poor-condition-sexual-harassment.html.

  22. Shrestha, Shreejana. Gruesome exploitation of children continues in carpet factories. Republica, June 19, 2015.
    http://admin.myrepublica.com/society/story/23101/gruesome-exploitation-of-children-continues-in-carpet-factories.html.

  23. Children and Women in Social Service and Human Rights. Status of Domestic Child Labor (DCL) in Kathmandu. Kathmandu. 2016.
    http://www.cwish.org.np/uploads/files/Status of Child Domestic Workers in Kathmandu 2016 CWISH min 2017-08-13 20-31-34.pdf.

  24. Hodal, Kate. 'My dream is coming true': the Nepalese woman who rose from slavery to politics. The Guardian. October 18, 2017.
    https://www.theguardian.com/global-development/2017/oct/18/i-lived-in-fear-nepalese-official-sold-as-a-slave-at-10-years-old-domestic-worker.

  25. Shrestha, Shreejana. Modern-day domestic slaves. Nepali Times, June 2017.
    https://archive.nepalitimes.com/article/nation/Modern-day-domestic-slaves-domestic-workers,3785.

  26. U.S. Embassy- Kathmandu. TIP Reporting. 2019.

  27. U.S. Embassy- Kathmandu. Reporting. February 28, 2020.

  28. Republica. 30 children found working as bonded laborers in Lalitpur brick kiln. February 28, 2016. Source on file.

  29. U.S. Department of State. Trafficking in Persons Report- 2018: Nepal. Washington, DC, 2018. .
    https://www.state.gov/reports/2018-trafficking-in-persons-report/nepal/

  30. Patkar, Pravin, and Priti Patkar. A Close Look at Indo-Nepal Cross-Border Child Trafficking. Caritas India, 2017.
    https://reliefweb.int/sites/reliefweb.int/files/resources/A-CLOSE-LOOK-AT-INDO-NEPAL-CROSS-BORDER-CHILD-TRAFFICKING_Book.pdf.

  31. Nepali Sansar. Human Trafficking in Nepal - Relentless Fight for Rights Continues! Accessed: 2019.
    https://www.nepalisansar.com/special-stories/human-trafficking-in-nepal-relentless-fight-for-rights-continues/.

  32. Rana, K.P. Child Labour Problem. The Himalayan Times, April 11, 2018. Source on file.

  33. Government of Nepal. Report on the Nepal Labour Force Survey 2017/18. 2019. Source on file.

  34. Government of Nepal. Free and Compulsory Education Act. 2018. Source on file.

  35. Shrestha, Elisha. Without proper sanitation facilities, girls keep missing school during menstruation. The Kathmandu Post, December 31, 2019.
    https://kathmandupost.com/national/2019/12/31/without-proper-sanitation-facilities-girls-keep-missing-school-during-menstruation.

  36. Government of Nepal. Child Labour (Prohibition and Regulation) Act, 2056 (2000), No. 14. Enacted: June 21, 2000.
    https://www.warnathgroup.com/wp-content/uploads/2017/10/Nepal-Child-Labor-Act.pdf.

  37. Government of Nepal. The Bonded Labor (Prohibition) Act, (2058) 2002, No. 21. Enacted: April 20, 2002.
    http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=71670.

  38. Government of Nepal. Labour Act. Enacted: September 4, 2017. Source on file.

  39. Government of Nepal. Trafficking in Person and Transportation (Control) Act, 2064 Bikram Era. Enacted: 2007. Source on file.

  40. Government of Nepal. Children's Act. Enacted: May 20, 1992.
    http://www.lawcommission.gov.np/en/archives/14005

  41. Government of Nepal. Military Service Regulations. 2013. Source on file.

  42. Government of Nepal. Constitution of the Kingdom of Nepal. Enacted: 2015.
    http://www.ilo.org/dyn/natlex/docs/MONOGRAPH/100061/119815/F-1676948026/NPL100061 Eng.pdf.

  43. Government of Nepal. Education Act. Enacted: 1971. Source on file.

  44. U.S. Embassy- Kathmandu official. E-mail communication to USDOL official. January 26, 2018.

  45. ILO Committee of Experts. Observation concerning Minimum Age Convention, 1973 (No. 138) Nepal (ratification: 1997). Published: 2019.
    https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3957776.

  46. ILO. Brick by Brick: Unveiling the full picture of South Asia's brick kiln industry and building the blocks for change. January 30, 2017.
    https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_542925.pdf.

  47. U.S. Embassy- Kathmandu official. E-mail correspondence to USDOL official. June 28, 2019.

  48. U.S. Embassy- Kathmandu. Reporting. January 9, 2015.

  49. Government of Nepal. Women and Children Service Directorate. Nepal Police, Accessed: April 18, 2019.
    https://cid.nepalpolice.gov.np/index.php/cid-wings/women-children-service-directorate.

  50. U.S. Embassy- Kathmandu. Reporting. February 26, 2015.

  51. U.S. Embassy- Kathmandu official. Email communication with USDOL official. July 9, 2020.

  52. U.S. Embassy- Kathmandu. Reporting. January 19, 2016.

  53. U.S. Department of State. 2019 Country Reports on Human Rights Practices: Nepal. Washington, DC, March 11, 2020.
    https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/nepal/.

  54. UN. World Economic Situation and Prospects 2017 Statistical Annex. New York, 2017. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
    https://www.un.org/development/desa/dpad/wp-content/uploads/sites/45/publication/2017wesp_full_en.pdf.

  55. CIA. The World Factbook. Accessed January 19, 2018. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
    https://www.cia.gov/library/publications/resources/the-world-factbook/index.html.

  56. U.S. Department of State. Country Reports on Human Rights Practices for 2017: Nepal. Washington, DC, 2018.
    https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/nepal/.

  57. Press Trust of India. Over 300 child labourers rescued in Jan: Police. Business Standard, January 28, 2019.
    https://www.business-standard.com/article/pti-stories/over-300-child-labourers-rescued-in-jan-police-119012801122_1.html.

  58. U.S. Embassy- Kathmandu official. E-mail communication to USDOL official. February 12, 2018.

  59. U.S. Embassy- Kathmandu official. E-mail communication to USDOL official. May 4, 2017.

  60. Winrock. Assessment of the Nepal Labor Inspectorate's Work on Child Labor. 2015. Source on file.

  61. U.S. Embassy- Kathmandu official. E-mail communication with USDOL official. February 2, 2020.

  62. U.S. Embassy- Kathmandu official. Email communication with USDOL official. March 18, 2020.

  63. Government of Nepal. Ministry of Women, Children and Social Welfare. Child Protection Mapping and Assessment Summary Report. September 2015.
    https://www.unicef.org/nepal/reports/child-protection-mapping-and-assessment-summary-report-september-2015.

  64. Samiti, S.R. Master plan against child labor passed. The Himalayan Times, July 9, 2018.
    https://thehimalayantimes.com/kathmandu/master-plan-against-child-labour-passed/.

  65. U.S. Department of State. Trafficking in Persons Report- 2018: Nepal. Washington, DC, June 28, 2018.
    https://www.state.gov/reports/2018-trafficking-in-persons-report/nepal/.

  66. Alliance 8.7. Report on Nepal technical consultation on SDG Alliance 8.7 in Nepal. February 7, 2019.
    https://www.alliance87.org/wp-content/uploads/2019/01/Report-on-Nepal-technical-consultation-meeting-Alliance-8.7-7-Feb.pdf.

  67. Nepali Sansar. Nepal Launches Social Security Scheme, Calls it 'New Era.' November 27, 2018.
    https://www.nepalisansar.com/news/nepal-launches-social-security-scheme-calls-it-new-era/.

  68. Child Workers in Nepal Concerned Centre. Child Helpline - 1098. Accessed February 11, 2018.
    https://www.cwin.org.np/index.php/programme-of-actions/child-helpline-1098.

  69. Winrock International. Hamro Samman - Partnerships to Combat Human Trafficking in Nepal. 2017. Source on file.

  70. Winrock. Country Level Engagement and Assistance to Reduce Child Labor II (CLEAR II). October 2017: Technical Progress Report. Source on file.

  71. ILO. From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project). October 2017. Technical Progress Report. Source on file.