Domestic Child Labour in Nepal

"… Children working as domestic child labourers should not be tortured. Those who employ young children should be strictly punished…The children should only allowed to work according to their age. They should be given an opportunity to go to school and given enough time to study. Those who abuse and beat the children should be made to pay compensation. Those who abuse and torture children severely, should also be put in jails…No person in high position should employ young children like us. We have suffered a lot and we do not want other children to suffer any more. The tradition of employing young children in households and abuse of them should be ended from now. This is our demand!"

A 15-member delegation of former domestic child labourers met with the Minister of State for Women, Children and Social Welfare, at her office and submitted an appeal prepared by them on May 2001 during the Global Campaign against DCL. This is the first occasion in Nepal that the survivor children have met with the minister and submitted an appeal. The appeal was read to the minister by Dhiraj K.C. who was inhumanly tortured and kept in chains while working as a domestic child labourer few years ago. He is currently studying in grade VII with CWIN (Child Workers in Nepal) support.

Introduction

Its a world wide phenomenon that majority of children are exploited, neglected and also abused in different sectors. It is all owing to ever increasing poverty, anarchy, war and conflict. The situation in the developing countries is even worse. Most of the children are compelled to work for their mere survival and Nepal also cannot be an exception.

Employing children and engaging them in the labour oriented activities are not a new phenomenon. It has been a traditional and social as well as economic reality of this tiny Himalayan Kingdom.

The so-called influential people in the society, feudal, landlords and people from upper echelon of the society have been employing a number of people as servants, bonded labourers and attendants in homes. With the march of time, the system of slavery was legally abolished in Nepal more than 75 years ago. However, slavery like pratices still exist in our society in different other forms.

Children are employed in about 65 sectors of the country, of which agriculture is the biggest sector. The value and dignity of children's labour have not been recognised in agricultural sector as well as other informal sectors.

There is a growing tendency in the urban centers to employ children as domestic 'servants' mostly with the well off families. Thousands of children are working as Domestic Child Labourers (DCL) in urban areas. But it exists also in rural areas and rural DCLs are involved in agricultural labour as well. Confined within the four walls of the house and forced to work on the orders of others and for long hours, the condition of urban DCLs is very sad. People often prefer to employ children than adults because children are docile and are ready to work hard and long without complaining creating any problems and trouble.

Reasons for Employing DCL

It's easy to say that poverty is the main cause of child labour but it is not a sole cause of the problem. In the case of DCL, many children are brought to the urban areas by selling them a "good dreams" like opportunity to study in good schools, earning money, getting exposure, enjoy city life, a job security in fututre. Some children from the "better off families" run away from the houses and enter into the urban centers because of several attractions to the town. Social recognition, social attitude of taking the children as the source of income, death of parent, maltreatment and abuse of children by parents and step parents, lack of facilities and opportunity in rural areas etc. are some of the contributing factors for being a DCL.

Although people of all ages are found to be working as domestics, about 60 % of the total urban domestic labourers are children under 16 years. Some of the reasons to get higher priorities by the children from employers in domestic sector are as follows:

• It is easy to employ and get things done by children
  
• Cheap or low wages and salary
  
• Children are more reliable than the adult / no or low risk
  
• Discipline and loyalty
  
• Lack of adult workers to employ as domestics
  
• Less demanding and easy requirement

Situation of DCL in Nepal

Few studies have been carried out in the field of DCL, but those studies focus only on the urban areas. So there is a lack of information on DCL in rural areas. Out of the total population of Nepal 22.7 million, 41 % are below 16 yrs. (Census 2001). National Labour Force Survey (1998/99) shows that 41% of the total populations of the age of 5-14 yrs. are economically active. Studies on Child Labour Situation In Nepal (ILO/IPEC,TU1997) estimated that there are 2.6 million children are involved in different types of work. About 90% of the child labourers are working in informal sector and domestic is one of the major sectors.

The first study of CWIN on DCL in 1993 estimated their incidence (aged 5-16 yrs.) in Kathmandu at 19.2 percent; that is for every 1000 households in the capital, 192 household reported to employing a DCL and it is estimated there were about 21,303 DCLs in Kathmandu. Another study by NLA, 1998 covering three municipalities shows the percentage of households employing DCL are 5.5 in Pokhara, 5.6 in Butwal and 8.1 in Siddharthanagar. The latest Rapid Assessment on Situation of DCL in Kathmandu (ILO/IPEC, 2000) there are 21,191 DCL (aged <18 yrs.) in Kathmandu, out of this 70% are below the age of 14. It is estimated that total DCL in urban areas of Nepal are 55,655 (below 18 yrs.), of them 42,674 are below 14 yrs. of age.

DCL working in urban areas of Nepal are engaged in all kinds of domestic chores and some work outside the house. Kitchen work, dish washing, child minding, cloth washing, house cleaning, cattle herding, shopping, gardening, escorting the children to and from school are the main work of urban DCL. Besides the high workload, beating and scolding are normal for the DCL. Some cases of physical abuse, torture and sexual abuse are reported, but many cases couldn't come out from the four wall of the house.

Some of the major findings of the studies are given below:

• 15% of the children are found to have started working as DCL from a very young age of 5-9 yrs. and 30% have joined the job as a DCL when they were 10-11 yrs. Among the DCL 46% are girls.
  
• 18% DCL are illiterate and 10% are just able to write their name.
  
• 61% were going to school before they became DCL. 33% DCL are admitted in the school, but whether they attend school regularly and get a chance to study in the households is not known.
  
• 31% DCL are in debt bondage and 53% didn't get salary. 9% even don't know about their salary.
  
• 30% DCL worked 12-14 hrs. daily, 64% worked 14-16 hrs. daily and 5% worked more than 16 hrs. a day. Only 1% DCL worked less than 12 hrs. a day.
  
• 44% DCL were not allowed to visit their homes previous year of the study and 42% have got a single chance to meet their parents.
  
• 59% of DCL were found to be suffering from different kinds of abuses from employers, of that 14 % were sexually harassed.
  
• 35% want to go to school and 20 % want to go back home.

Is DCL a worst form of child labour?

Whether DCL is worst form of child labour or not, has become a question of debate. There is a general belief that disadvantaged children are enjoying relatively comfortable life and it is a good option out of poverty and or other labour for children. SOme of the DCLs have also got chance to go to school and working as a domestic has been a part of their socialisation process. But if we try to see the inside of the reality, it is quite a miserable situation. The working condition of some DCLs give enough ground to term it as a worst form of child labour, where their fundamental rights such as education, childhood are denied and are confined to fourwalls of the households, where they are vulnerable to abuse, torture and sexual harrassment. At the same time, there are some cases where DCLs are getting some advantages or enjoying somewhat better life compared to their own homes. Studies show that more than half of DCLs do not receive payment, many children work for long hours and till midnight, started working from a very young age, are sexually exploited, tortured and physically abused and are in debt bondage. These are some of the features of worst forms of child labour existed in DCL. ILO/IPEC study shows that 97% of the DCL in the capital city are working under the worst conditions.

Intervention

Nepal government has no specific programme to address DCL. There is no specific law relating DCL. Child Labour (Prohibition and Regularization) Act prohibits the employment of children under 14 yrs. of age in general and 16 in hazardous work but it addressed to only formal sector. This act does not cover child labourers in informal sector.
There are programme being run by few NGOs and ILO/IPEC Time Bound Programme, which are directly addressing DCL. These programmes mainly focus on advocacy, educational support, rescue and rehabilitation of DCL. Under the IPEC programme, Kathmandu Metropolitan City (KMC) has started to register DCL in local Ward Offices and running a drop-in center for DCL as a pilot programme in 3 Wards out of 35. In these drop-in centres, they can join non-formal education (NFE) classes, are provided with recreation and health services. Similarly KMC has adopted a policy in 2001, according to which, no staff or member of the KMC can employ a child under 14 as a DCL. It is a good step in policy level, but yet to be translated in action. UNICEF is supporting Out of School Programme (OSP) in some Munipalicites. Under this programme, some DCLs are attending NFE classes. A NGO namely CWISH is working for registration of DCLs and running some NFE classes in one ward of KMC and also doing campaigns for awareness of employers. They have also started forums of DCLs for their empowerment.
CWIN has launched different awareness programmes against the exploitation of domestic child labourers with different stakeholders including the schools, Kathmandu Metropolitan City, NGOs, trade unions, media and the government agencies. As a part of the GLobal Campaign Against Exploitation of Domestic Child Labourers, a delegation of the former DCLs met with the Minister and appealed for action. As a result of the campaign, National Human Rights Commission is taking an initiation to formulate a code of conduct for government employees for putting restiction in employing children below 14 years as a DCL. Similarly, CWIN initiated a campaign with social organizations for a code of conduct in employing DCL. As a result of the campaign, the organisations have adopted a minimum standard for currently employed DCLs. As a part of awareness campaign, number of hoarding boards are placed in different parts of the country and stickers were distributed which carried the message, "There is no child labour exploitation in my house, what about you?" This campaign has become very popular among the general public.

CWIN Helpline (271000) has been running a 12 hrs. Hotline telephone service to address issues of child rights violations and for emergency relief, support and counseling of children at risk. Majority of the cases registered in CWIN Helpline comprises exploitation and torture of DCLs. With the help of law enforcing agencies, it has rescued numbers of DCLs, has worked with them for their socialisation, counselling, social reintegration, capacity building and empowerment. Apart from these CWIN has been filing court cases alogwith other organisation such as LACC, CWLAC against the employers for compensation to the torture and inhuman treatments meted out against the DCLs. In the first court case of DCL, the court has given a verdict making the abusive emplyer pay Rs. 75,000/- (about $1000) as a compensation, who had put the DCL in chains. As a result of various intervention and awareness on the issue, there is a gradual change in social attitde towards. Few years back, people used to be proud to have a DCL in their households or it was an issue of prestige but nowadays it has become a subject of shame to employ young children.

Recommendations:

• A proactive approach should be taken to address the issue of DCL. There are grounds to bring in change in the attitude of employers and organisations should work towards making the employers aware and accountable for following minimum standards while employing a DCL.
  
• But along with the reformative approach, prohibitive measures should be taken in order to rescue and social reintegration of DCLs working in worst conditions. The government and NGOs should work for the socialisation, psychosocial counselling, health care, formal and informal education support, capacity building and empowerment of DCLs.
  
• Amendment of Law: child labour law should cover informal sector, minimum age of employment in DCL should be defined.
  
• Formulation of Code of conduct in every sector (GOs, I/NGOs/Business Community/Civil Soceity etc.) for meeting minimum standards while employing DCL.
  
• Develop strict monitoring sytem with registration of all DCLs by local authorities such as Municipalities
  
• Mobilize stakeholders: School, Children's Forums, Local authority, Police, NGOs, Trade Unions, Media, Civil Society etc.

Minimum Standard for Employing Domestic Child Labourers

Let us take initiation in the elimination of domestic child labour exploitation from within your family, relatives, neighborhood and let us realise following in practice as a minimum standard for domestic child labour:

• Register Domestic Child Labour in Ward Offices of Metropolitan City.
  
• Put an end to the tradition of employing domestic child labourers under the age of 14.
  
• Send those to school who are already working as domestic child labourers and give them enough time to study.
  
• Stop beating, humiliation and inhuman treatment of domestic child labourers.
  
• Protect domestic child labourers from sexual abuse and exploitation.
  
• Make proper arrangements for their fooding, clothing and sleeping as equal to other family members.
  
• Make proper arrangements for their health.
  
• Give them appropriate wage.
  
• Give them an opportunity to maintain contact with their families and give them a chance to visit their families frequently and in festive occasions.
  
• Protect their childhood rights and provide them with opportunity to enjoy, play and take rest.
  
• Do not make them work hard, long hours and work in night and put hurdles in their physical, psychological and educational development.
  
• Provide them with love, care, compassion and proper guardianship.
  
• Respect their dignity and let them live a dignified life and protect their basic child rights.
• Let us fulfill our humanitarian responsibility and put an end to exploitation of domestic child labourers
• We request you to disseminate as many copies of this letter and help us in the campaign against exploitation of domestic child labourers.

Child Workers in Nepal Concerned Centre
P.O.Box 4374, Kathmandu. Tel: 278064/282255 Fax: 278016