Child Labor and Child Protection Systems

Experience sharing

- Gopal Tamang

Legislations, Policies and Plans • Government of Nepal commitments- ratification of CRC

on 14 Sept. 1990; 2 Optional Protocols of the CRC in 2006 and in 2007.

• Children's Act, 2048 (1992)• Labor Regulation, 2050 (1994)• Children Regulations, 2051 (1994)• Child Labor (Prohibition and Regulations) Act, 2056(2000)• Human Trafficking and Transportation (Control) Act, 2064

(2007)• National Labor Policy, 1999• Juvenile Justice Procedures, 2063(2007)

Child Labor status

127,000 worst forms of child labor in 7 sectors (2000) 12,000 Nepali children under the age of 18 were trafficked

annually to India alone Estimated 2.2 million Nepalese (90 percent of whom were male)

resided outside of the country (2008) 13,000 girls found working in cabin and dance restaurants in

Kathmandu - (Tdh. 2009) 1.6 million child labor-20%- 621,000 in hazardous work (ILO 2010) 27,00,00 (22,00.000) in foreign employment (278,025 first 6

months in 2069) … ensure conscious, competent and productive citizens and

human resources acceptable to the demand of the national and international market (TYIP)

Rapid Assessment in 6 sectors: Domestics, Porter, Mining, Brick, Transport, Small Tea & Restaurants, WE, 2012

Contd…

• Bonded Labor Prohibition Act, 2001 (Prevention and Rehabilitation) Bill 2069-revision process

• National Master Plan (2004-2014) on child labor-updated for (2011- 2020)

• National Children Policy 2069 (protect children from all forms of violence and exploitation)

• National Plan of Action for Children, (NPA, 2004/05-2014/15), updated- 4 core areas in CRs: health, Education, Protection & HIV/AIDS

• NPC, Three Years Interim Plan (2007-10 & 2010-13)

Contd. …

• National Steering Committee on child labor headed by secretary of MoWCSW

• Anti-trafficking InterAgency Coordinating Group (IACG), InterAgency Working Group (IAWG)-Child Protection and strengthening CCWB

• Provisions of education programs/services: scholarships, free of basic education, SSRP, EFA, MDG

Worst Forms of Child Labor

1. Domestic labour (Bonded labor/ Kamlahris)2. Portering3. Agriculture-bonded work4. Recycling5. Carpet industry6. Brick production7. Mining8. Commercial sexual exploitation of children (CSEC)9. Children associated with armed forces or armed groups

(CAAFAG10. Transport11. Embroidery - jari work12. Mechanical – motorbike13. Hawking14. Herb collection - “yarsa gumba

Definition of Child Labor ILO, C 182: WFCL• No child shall be engaged in any Establishment that denies

his/her right to education. • No child shall be offered, procured (slavery or similar

practices, trafficked or used for: (a) bonded or forced labour; (b) prostitution, production of

pornography or for pornographic performance; (c) illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out is harmful to their life, health, safety, education or morals

ILO, C 138: Minimum Age of Work• Non-hazardous work (14-16), Hazardous work (16 yrs

uncertain strict conditions and Unconditional WFCL

Factors Due to deficiencies in education, including

vocational technical education Due to direct or indirect consequences of

poverty Due to the absence of adequate child protection

mechanisms and due to prevailing and often persistent cultural attitudes and

Various other inter-linked “push” and “pull” factors.

Improving Support Mechanisms (Strategic support)

Education Support - Transition to Formal Schools from NFE Advocacy & Linkages - District Microfinance Networks and

other Poverty Alleviation Programs to expand coverage of their programs prioritizing child labor-affected families, link families to MFI

Awareness Raising - vital registration processes – birth, death, marriage, hotline promotion (1098), Child Labor Day

Networks & Campaigns Support PTAs, SMCs and CPC networks, Welcome to School Campaigns

Life Skills & Vocational Skills Development- integrating pre-vocational education in schools and skills training

Strengthening child protection systems(DCWBs)

Age and the conditions of workNature of work

Conditions Age

< 14 15-17

Non-hazardous work

Light work(< 14 hrs/week)

Regular work(>14 but <43 hrs/week)

Worst Forms of Child Labour (WFCL)

Hazardous work(>43 hrs/week or in - by GoN determined - specified hazardous occupations, work, processes)Unconditional forms of work(all forms of slavery, bonded labour, trafficking, armed conflict, prostitution, illicit activities)

(Red shaded areas indicate work considered to represent child labour)

PROJECT BENEFICIARIES AND ACHIEVEMENTS(WE, 2009-13)

Sectors Girls Boys Total Children at-risk 7037 2794 9831Domestic worker 2325 1434 3759Porter 756 750 1506Mining 376 387 763Brick kilning Worker 1179 700 1879CSEC 1909 0 1909Jari Worker 109 277 386Total 13691 6342 20033

Achievements ….20,033 children provided with services

• 10,202 WFCL and 9,831 CAR • 68% girls and 32% boys• 13,314 (66%) under 14 and 34% 14 years and above

14,983 children (69% girls) received Non-formal Education services through Modular and GATE curriculum

6,196 children received support to go to school 2,393 children received other services psychosocial support/

counseling, health services and Legal Aid

1,714 children above 14 years received Vocational Skills Training and Self- Employment Education for

2,628** families of child beneficiaries have received Family Livelihood Support

6,360 children in pre-vocational skills acquisition

Key Direct Interventions Domestic workers in school

Program Approach/ModelFormal School

• Integrating Pre-Vocational

• Education in FS• Mobilization of MFIs & Poverty Alleviation

programs• CPC/Child clubs networks

NFE

• Family Livelihoods• SEEP

• Alternative ORC• Open learning

• Apprenticeship• Skill training

•Coaching•Career counseling

Other linkages

Strengthen Child Protection Mechanisms

Policies and Programs: Inclusion of child labor issues and action programs:

3 Years Strategic Plans developed by DCWBs DDC periodic/annual plans include child labor issues VDC plans (funds for CPCs and Child Clubs) Microfinance institutions, poverty alleviation programs

Strengthening of Child Protection Systems (MoWCSW/ CCWB / DCWBs) thru Inter-Agency Working Group

Pilot programs – pre-vocational education , Child friendly school initiatives, School as Zone of Peace

Safer Schools with community participation No Child Labor districts Collaboration with other organizations

Impact on Beneficiary Level

Using gained practical skills (self-employment, agriculture, etc) ensure food security for longer periods

Linking beneficiaries to on-going support (government scholarship schemes & literacy programs)

Linked families to credit (local Savings & Credit Groups and Cooperatives)

Changes in Attitude and Behavior (children should be in school not at work)

Children re-integrated with families with improved livelihood (selling momos, eyewear, vegetables, etc)

Impact on Stakeholder Level Increased corporate social responsibility of employers (Brick

Kiln Associations “Child Labor Free” OR “Clean Bricks”) Trained and mobilized Child Protection Committees , Child

Clubs to seek local funds and resources for enabling school support and to reduce school dropouts

Child Rights Officers recruited in all 75 districts (DCWBs) trained about child protection systems including Women Development Officers and Child Welfare Officers(IAWG/DPs and CCWB)

Incorporated child labor issues and plans in annual and periodic plan by DDCs and municipalities (5 year Strategic Plan (2011-16) by Lalitpur Sub-Metropolitan, 3 year Strategic Plans by DCWBs)

Linkages/collaboration with other poverty alleviation programs (PAF, LGCDP, CFLG, MFIs networks)

Basic Needs and Child Rights

Affection Ownership

Healthy Survival

Protection

Participation

EducationDevelopment

Protection of children from what ?

Abuse

NeglectExploitation

PhysicalSexual

Verbal/Emotional

PhysicalNutritional

MedicalEducationalEmotional

JJ: UnfairnessLack of rehabilitation

Victim issues

Dangerous work conditions

Illegal activityNot enough payOut of school No

recreation

Protection from all forms of harm/violence

Child Protection Strategic FrameworkSystem approach

SOCIAL WELFARE SERVICES

Commu-nity

capacities

Family capacities

CHILD life skills,

knowledge, participation

JUSTICE & SECURITY SYSTEM

SERVICES/SYSTEMSFOR PREVENTION & RESPONSE

Education services

Health services

Legislation, policies, regulations, plans, budget, data, coordination – national and local level

Attitudes, practices, behaviour

CHILD’S IMMEDIATE ENVIRONMENT

SOCIAL ECONOMICCULTURAL POLITICAL CONTEXTS

Economic services

Labour

“A set of laws, policies, regulations and services, needed across all social sectors – especially social

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What is a Child Protection System?

Expected Objectives and expectations

• Poverty alleviation programs• Education and health• Water, Heath and sanitation (WASH)• Sustainable microfinances and livelihoods• Sustainable agriculture and natural management

• Cross-cutting issues

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