Challenging Child Labour

Children are an integral part of the society, therefore, they deserve the childhood rights as it is their in-born human right. UN Convention on the Rights of the Child has ensured that every child in the world has right to survival, development, protection and participation. This ensures the right to protection from every sort of exploitation and harm. Children are regarded as a source of hope and inspiration for future. However, an overwhelming majority of children in the world is deprived and denied for their fundamental rights. This situation is particularly so alarming in the third world countries, where a big majority of children are living and working in the most difficult circumstances. Children in this part of the world are not only suffered of hunger, mal-nutrition and exploitation, but are also subject to exploitation and abuses, and ultimately, they survive a painful life. Child labour is the state where children are physically, economically and socially exploited and abused. Child labour is considered as a way of everyday life in the Nepali society. One of CWIN survey study has exposed that children in Nepal are involved in more than 65 different labour sectors. Child labour is a cause and consequence of the socio-economic and political reality.

The change in the political system in Nepal didn't bring much difference for the elimination of the child labour as it was expected. In the rural economy, children are still playing a significant role to support the family subsistence. Fetching water, collecting firewood, grazing cattle, caring for younger children and supporting parents in the fields are the most common work of children in the rural areas. Besides, they also extend support as a family bread winner working as domestic workers in the houses of village rich. Nowadays, pushed by the poverty and deprivation, many children are migrating to the urban areas, and this has ultimately contributed to an overwhelming increase of the magnitude of child labour in the cities. A majority of children are employed in informal sectors there. Carpet and garment industries, confectionery, brick kilns, roads and building construction, transportation and stone quarries are major child labour employing agencies in Nepal. Similarly, thousands of children are being employed in mines, factories, and domestic service. The reasons for this are that children are a cheap source of labour, and they are meek and uncomplaining.

An estimated 250 million children today are working in the extremely intolerable condition. They are living and working in the most health hazardous and dangerous situation. They are deprived of their right to physical, social, emotional, spiritual development. They are deprived and denied for their right to education. If no immediate measures are taken into account at present, there will be rather difficult situation in the future. Very recently, the National Planning Commission has revealed the fact that the overall percentage of child labour between 6-14 years in Nepal who are economically active is 25.5% (4.4 are in the no-domestic sector and 21.4% are in the domestic sector), but this does not include hundreds of thousands of those children who work as "child workers" and defined as the economically inactive working children. The "situation analysis of child labour in Nepal", a study undertaken by CWCD for the National Planning Commission has indicated that there are 26.3% child labourers in rural are while there are 16.7% in urban areas and 50.2% children from bonded families are child labourers.

Child labour cannot be viewed in isolation, because this is a cause and consequence of the country's socio-economic and political reality. Child labour is not a new phenomenon in an agriculturally dominant country like Nepal. Since years ahead, it has been remained as a part and parcels of the feudal economy. Like in other developing countries of South Asia, the rural communities in Nepal are living under the state of social injustice, economic exploitation, deprivation and backwardness. The growing marginalisation among the rural population, landlessness, unemployment and unplanned urbanisation have also contributed to an increase in the magnitude of child labour exploitation in the country. The constant poverty, unemployment and lack of basic needs in the villages force the parents to send their children to work in the cities for additional income for family subsistence. Experiences have proved that on the one hand family and parents are forced to send their children to work due to poverty and on the other most of them are not aware of the consequence of child labour problem. Farming, plantation, cattle grazing and agriculture bonded labour are most common form of child labour in rural areas whereas factory works, domestic services, construction works, scavenging, transportation works are quite often seen in the urban areas. In addition, a number of new areas of child labour have been seen both in rural and urban areas with every passing year in Nepal. This is closely interlined with various other socio-economic and political problems of the country. Landlessness, poor access to resources and production, gender inequity, in-equitable distribution of land, unemployment, lack of people-centered and sustainable development programme and environmental degradation are the under-lying factors for the child labour problem in Nepal.

Despite a painful situation, child labour used to be non-issue in our country. After the formation of CWIN as the first social concern group on the rights of the child, child labour has been raised as the one of the major challenges in the field of the child rights movement. The restoration of democracy in 1989 has further contributed to enhance the child labour movement and intervened at different levels for prevention and control of child labour. In the initiative of organisations involved in the areas of human rights, social development and trade union, the issue of child labour exploitation has been widely raised in the country. In the consequence, it has been emerged as one of the important political agenda, today. Since the restoration of multi-party democracy in 1989, particularly after the ratification of UN Convention on the Rights of the Child (UN/CRC) and introduction of ILO-IPEC, the issue of child labour has been taken into account by the HMG/Nepal. Initiative for making a new convention on the elimination of child labour by ILO and other concerned agencies have further proved that the elimination of child labour exploitation is essential. Hence, this is a right time to review and reassess to strengthen and empower the child rights movement for the elimination of child labour in Nepal. In last 8 years, we have achieved legal infrastructure and necessary policy guidelines from HMGH/Nepal. However, the policies and programmes of HMG/Nepal are not directed towards the root causes of child labour problem nor has there been effective implementation of these plans into action.

The challenges of child labour can be viewed in a social, political and economic level. In a conservative society like ours, children have been regarded as the "economic assets" and contribution from children for the family subsistence is expected by their parents. The growing marginalised situation in the family and community has ultimately pushed them into more vulnerable situation where children have no other choice besides the work. This situation has been further overlapped due to the lack political will and political commitment in the Government level. HMG/Nepal has formulated a number of plans and policy to prevent and control child labour, but without success. One of the serious reasons for such situation is lack of co-ordination among HMGNepal's departments and policies; and between HMG/Nepal and NGOS including human rights organisations and trade unions. Ineffective implementations of the declared plans of actions and inefficiency in the programme implementation levels are also another big problem in this regard.

Child labour employment is prohibited in health hazardous condition by the Factory and Factory Workers Act 1959. After the restoration of democracy, Nepal ratified a number of international human rights instruments. The Convention on the Rights of the Child and the ILO Convention 138 are the significant international conventions concerning the rights of the working children. On the basis of these conventions, Nepal adopted the Labour Act 1992 and Children's Act 1992 and has declared that employment of children under the age of 14 is illegal. However, the concerned authorities have neither effectively implemented the law nor formulated any effective plans of action for the welfare and rehabilitation of the victims of child labour exploitation. Whatever the programmes and plans of action for the elimination of child labour have been formulated during the period are full of confusion and ineffective.

Many people think that the abolition of child labour is impossible, that it will exist in one way or other form in all third world countries. However, examples have proved that child servitude or any form of slavery can be overcome through the social liberation movement. There are mainly three different approaches in this regard. The first one is a radical approach which advocates the elimination of any form of child labour immediately. The second approach is in favour of the progressive elimination of child labour whiles the third approach advocate the children' right to work and union. Working for the elimination of child labour is an investment for the social cause. With clear political vision and plans of action, children living and working in the most difficult circumstances can be protected and their rights be promoted towards a safe childhood. For this, the government, social activists' groups and solidarity movements should link up with each other to develop concrete tactics and strategies and put them into action without delay.

Today, the issue of child labour has become a strong international political agenda. This issue has been widely discussed almost in every country in the world these days. To end the child labour, we have been concentrating ourselves into a discussion on the proposed ILO Convention on the Worst form of Child Labour. During the ILO Conference on child labour held in Geneva in June 1998, the following agreements were carried out:

the purpose of the convention is the prohibition and immediate elimination of the worst forms of child labour
it will compliment existing instruments especially conventions 138 and 29
total elimination of child labour remains the long term goals
in the convention "child" means under 18
the worst forms are defined as:
slavery, debt bondage or analogous practices
work in the sex industry
drug trafficking or the illegal activities
any other type of work which, by its nature or the circumstances in which is carried out, could jeopardise the health safety or morals of children

As the pioneer rights of the child movement in Nepal, the Child Workers in Nepal Concerned Center (CWIN) has been advocating the rights of working children and children in servitude for the last 10 years. During this period it has undertaken a number of research studies, surveys and discussion programmes. On the basis of its working experience, it has put forward the following strategies for the elimination of child labour in Nepal. A decade before in 1987, a group of University Students’ activists had taken a bold decision to fight against different forms of exploitation and slavery on children by starting an organisation called CWIN, the Child Workers in Nepal Concerned Center. This was the first such initiative in Nepal that organised activities against child labour exploitation, waged social mobilisation to build up public awareness in this regard. Through the help of public campaigns, advocacy and different public programmes, CWIN tried its best to make the non-issues of child related problems into issue and converted them into the political agendas. Now-a-days, the rights of working children have become an important political agenda of the rights of the child movement, human rights and trade union movement in Nepal.

Considering the future of the nation as a whole, this has been put forward as follows:

Education plays a very vital role for the prevention and control of child labour. An overwhelming majority of children in our society is deprived of the right to education. Those who happened to be in the school for the time being are also dropped out or pulled out due to various social and cultural reasons. Education is essential to become a free human being, so that one can be liberated from all sorts of exploitation and oppression. In this context, education plays very significant role in combating child labour.

A good education is consist of many things which include transparency, ethics, dynamism and self-reliance.Some people think that compulsory education does not resolve problems connecting with children. But this can not be achieved without concrete political commitment and active participation of the Government, society and NGOs sector. Therefore, the popular slogans of the compulsory education will not be materialised unless it addresses the situation which make the children deprived of right to education. Besides, we should not forget that both formal and non-formal education including vocational education or functional education have important role for the elimination of child labour. If we are really committed to bring enlightenment of education to every child education should be free, compulsory, employment generating and with incentives for poor children. Therefore, HMG/Nepal and all concerned should seriously think on this issue.

Despite so many problems of working children, this used to be non-issue in this country. It is because of the continuous efforts of child rights and human rights movement, the issue has been converted into a political and social agenda in this country. However, the movement for the elimination of child labour has not yet been very effective due to the lack of adequate and active participation of the people of different walks of life. For this, we need to build up ourselves and invest our efforts for social mobilisation. In this context, human rights movement, trade unions, social activist organisations, consumer's movement can play a very important role for social mobilisation through advocacy programme and campaign.

Majorities of the Nepali people are not aware of their civil rights. This is not only linked with their social ignorance, but also associated with the level of commitment and effectiveness of various social organizations and communities working in the field of human rights, social justice, freedom and development, as well. The issue of discrimination and unequal socio-economic relations between different class, caste and communities should be also properly addressed in this regard. As the advocate and social conscientisers, the social activist's group can organise advocacy campaign, awareness building programme and investigative works for promotion and protection of the rights of the child. As the social watch dog, the social activists group also can observe, review and monitor the implementation part of the rights of the child in practice.

Introduction of village centred development programme and prevention of rural migration of children and family for urban areas. Trafficking in children in urban centres is a growing problem in our country today. Hence children should be provided necessary economic alternative for the subsistence of the family. There, with the help of local government and community co-operation, some risk-free part time job for grown ups can be also introduced as per need. Village people are basically depend on farming livestock, therefore, a progressive land reform process and sustainable rural development programme will ultimately enhance the local people for their economic uplift-ment so that they will be motivated to send their children to the schools.

Compulsory registration of child labourers in the Labour Office
Introduce fixed minimum wage scheme for working children except in health hazardous areas
Introduce special law on child labour, implement it in an effective way and stop further employment of children under 14 years of age
In the given context of migration of child labourers abroad, children below 16 years should not be allowed to cross international borders without the permission of parents or guardians.
Develop time phase programme for elimination of child labour
Establish child labour welfare fund through children's welfare tax,so that resources for the welfare and rehabilitation of children at risk can be met.

While formulating national plans of action for elimination of child labour, HMG-Nepal should concretely define the role of social organisations, human rights organisations, trade unions, business community, political parties and so on. Because, without mobilising people of different stratas in the society, the elimination of child labour is not possible in reality. Many experiences of other countries have proved that only government can not make such initiative successful without an active participation of people. Therefore, in order to implement education, health, income generation, welfare and rehabilitation programme, HMG-Nepal should develop partnership programme with the Non-Governmental Agencies working for the same objectives. This will not only share the burden of the Government but also bring effectiveness in the policy implementation process.

Identifying children working in high risk areas and supporting them for their removal, socialisation and rehabilitation should be undertaken through curative and reformative programmes. This includes programmes for education, nutrition, health, socialisation, and entertainment programmes. While undertaking such programmes, action should be also carried out against those who violate laws or put children in exploitative and health hazardous conditions. Introduction of the compulsory registration system of factories and industries. Legalisation of the compulsory registration of children below 16 years in any form of employment, stopping night work for children, reformation and amendment of the laws to ensure the rights of working children, including the Labour Act 1991 and Children's Act 1992 should be effectively put into enforcement. A time frame programmes of action to eliminate child labour from different sectors should be developed and work accordingly

Up-date the rescued and removed children and develop the following types of rehabilitation programme for their social security:
Family re-unionisation
Community rehabilitation
Medical rehabilitation for sick children
Capacity building or income generation activities programmes for self-sustainability
Formation of transit centres for ultimate rehabilitation
Child care centre for homeless and orphan children

In last seven years after the restoration of democracy, HMG/Nepal has ratified about a dozen international conventions including the Convention on the Rights of the Child and ILO Minimum Age Convention (ILO Convention No. 138). Based on these political commitments, HMG/Nepal adopted the Children's Act, 1992 and Labour Act, 1991 which prohibit the employment of children in health hazardous areas. As elsewhere, duplication of programmes, resource constraints or misuse of resources, lack of vision in the programmes, ineffective programme implementation and weak or lack of participation of target groups in the programmes are major constraints in the areas of children at risk. Moreover, the lack of proper co-ordination and networking among individuals and organisations working for the benefit of such communities, and 'red-tapism' and favouritism among the government bureaucracy and funding agencies are other challenging problems in the rights of the child movement in Nepal.

The issue of child labour is a matter of international concern today. The protection of the rights of the children living and working in the most difficult circumstances can not be resolved without a strong political commitment and co-operation from the international community. However, it is very serious to intervene such areas of any country without enough knowledge and understanding of the socio-economic realities. Recently there has been increasing concerns regarding the rights, welfare and dignity of working children of the world through mobilisation of international public opinion. In this context, we should follow the principle of pressure and partnership so that we can properly motivate the responsible authority of the country like ours. In the mean time, we need to be very clear that the international support and solidarity should be in conformity with the local social movement against child labour exploitation.

Education for children, social mobilisation for the rights of the child and formation and reformation of the progressive laws are the main areas which are widely discussed and reached into consensus in the international conference which was recently held in Oslo, Norway. We think that the donor countries also should come up with broad understanding to strengthen this initiative through extending support and solidarity to both Government and NGOs working for the common cause. The 20x20 initiative, which is a joint political commitment between interested developed and developing countries to allocate, on average, 20% of ODA and national budget, respectively, to basic social programmes, is directly relevant to fight against child labour.

As an integral part of society, children reflects the state of the society. Most children just do not land on the areas of risk without reasons. They are pushed down by so many reasons including the socio-economic and cultural factors of their circumstances. If not properly analysed such things and instead generalised problems of children at risk, the bottom of the problem can not be reached and the strategy planning developed for the target children will be ineffective in practice. Principally, we all think that children have got the first right to receive humanitarian support at a time of emergency, therefore, all children living at risk should be prioritised for their overall development. But, the existing situation does not reflect these principles and the reality is the opposite.To work for children is not only a welfare work. It is empowerment, motivation and networking of people/group for action. In this regard, we have to correct our mistakes and should bring our efforts back into the concrete action.