Edited by:
Sumnima Tuladhar
Sagar Raj Pradhan

Published by:
CWIN National Resource Centre on Child Rights and Children in Conflict


CWIN-Nepal
in partnership with
Plan-Nepal

P.O.Box. No. 4374
Rabibhawan, Kathmandu
Email: cwininfo@mos.com.np
URL: www.cwin.org.np


Volume 4, No 11, November 2007
 
TABLE OF CONTENTS

Editorial

CWIN In News

CWIN In Action

Children in News

Educational News

News of the Month

Book Review

Fact Sheet

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EDITORIAL
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Two decades of Child Rights Movement in Nepal with CWIN

The issue of child rights was rarely discussed in Nepal, neglected by all sectors of state and society, until CWIN was established in 1987. A group of young graduates from Tribhuvan University took a challenging step to fight for child rights and pioneered Nepal's first child rights organisation- Child Workers in Nepal Concerned Center (CWIN). It was established as a movement that brought a fresh approach to social work, defying the convention of charity and heralding a new concept of rights, empowerment and activism.

Today, 20 years after its creation, CWIN continues to move ahead to promote and protect the rights of the child in Nepal through advocacy, action and alliance building work. The last two decades have not been a smooth journey for CWIN; it has had a struggle with different groups with vested interests and the often-unjust policies of the state. It has also had to face a series of challenges and difficulties and live up to the rising expectations from various sectors. The internal armed conflict in Nepal lasting more than a decade; has made things considerably more challenging. Along with other like minded organisation; CWIN led a national Campaign call ' Children as Zones of Peace ' and helped to put the issue of child protection in priority even during the time of conflict.

Over the years CWIN has received much appreciation as well as some criticism in the journey to establish child rights as a national agenda and a part of border movement towards social transformation for justice.

In the changed context of Nepal, CWIN envisions building a new Nepal, where the rights of children are fully guaranteed; free of all forms of discrimination and exploitation, democratic, inclusive and every children live a dignified life. CWIN is committed to taking the child rights movements to the new horizon with the right base approach by empowering and participation of children and creating large scale social mobilisation at the national policy level. CWIN will maintain its role of facilitating organisation in order to strengthen local initiatives on child rights and make every effort to ensure children's participations at the National policy level.

Without common vision and approaches and efforts of all likeminded organisations including individuals, CWIN alone could not have achieved a credible Child Rights movement in Nepal. CWIN is thankful to its partners, organisations, different government and non government organisations and concerned individuals for extending support and solidarity towards child rights movement in Nepal.

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CWIN in News
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'Laws inadequate to preserve children's rights'

Child rights activists on Sunday said the present laws and regulation are not sufficient to safeguard the rights of children despite some improvements in the sector during the last two decades. They also stressed that their issues should be made everyone's concern so as to ensure their rights.
Presenting a paper at a program organized by CWIN, Tarak Dhital said various laws and procedures regarding children were not sufficient to preserve their rights. "So far the interim constitution has taken the rights of children as fundamental rights, but present laws and procedures are not sufficient to safeguard the rights of children, "Dhital said, adding that their issues should be made everyone's concern. In addition to this, he has also been trying to shy away from its responsibility in some cases.

"Sometimes, the government has shown indifference to its responsibility in some cases," he said. While briefing about the overall improvement of status of children, he highlighted that children's issues have come a long way in the last two decade. "Now people have realised that the initial process of nation building starts after empowering children in society," he added.

Source:The Kathmandu Post , 19 November 2007


Pluralistic democracy needed to nurture rights

Minister for finance Dr. Ram Sharan Mahat said on Monday that the issue of rights could not be solved unless the country has sustainable pluralistic democracy, peace and economic prosperity.
Speaking at the 20th anniversary of CWIN and International child rights day, Minister Mahat said the issue of rights would remain only in words and on paper unless we institutionalise and stabilise democracy. He urged all political parties to come to consensus to establish democracy to ensure the rights of children, women and other ethnic group. "The government should ensure security against hunger, ethnicity and natural disaster to secure all rights," he said.

Maoist leader Hisila Yami said that none of the issues regarding rights would be solved unless the feudal structure of the nation was abolished. On accusations about the Maoist using children in the insurgency, she said," We have given food and shelter to children who were orphaned and deprived and we did not force them to join the Maoists army." If we had left them they would have become street children without any identity but we give them the title of comrade, she added. She said the country should ensure rights of children to education, employment and health. "Maoist is longing for durable peace through CA polls not the peace of graveyard and it would not be possible unless there is social justice.''

Leader of CPN-UML Asta laxmi Shakya said CWIN had contributed in making national level plan along with raising the issues of the rights of the child. She said rights of children should not be delimited to the activity of the state but should be disseminate among all families and society.

During the programme founder president of CWIN Gauri Pradhan spoke about CWIN's 20 years journey fighting for the rights of the child. On the eve of children's Day and the 20th anniversary celebration, CWIN organized a national symposium entitled "Respect for child rights while building a new Nepal'.

Source: The Rising Nepal & Katmandu Post: 20th November, 07


1098 Phone for Rescue

"Parents had rescued a girl studying in grade 9 who was forced by a guy to get married".

"A physician who had broken his servant's hand was bound to pay Rs. 55,000. When asked for reason, he claimed that his servant was not accurate in conducting tasks that were commanded by him".

"Arrest of a foreign paedophile who was found molesting a 12 year child" and "a young guy who attempted to rape a girl has been filed a case". These are some of the examples of the cases that have been reported through a Helpline Service- 1098.

Within a short period, this helpline service- 1098 has been able to gain popularity amongst the people and has played an effective role to fight violence amongst children. Therefore on a daily basis, innumerous numbers of phone calls related to the issues such as physical violence by the master or by the street children from the opposition group etc. are inquired by the children. While from the parent's side complaints as kidnapping of their children, missing children and sexual abuses of their children etc. are reported.

Now daily there are phone calls in this numbers regarding many issues such as a master hits his servant, children suffering from different health problems by consuming food from strangers and children being beaten up in street by children from other gang. Beside that many guardians are also making call to report different issues such as missing children, children being kidnapped, children suffering from sexual abuse and many others incidents. Women, children and Social Welfare Council, Nepal Telecom and CWIN Nepal have brought this service in use from 30th of Bhadra. The service therefore has been successful in achieving new heights.

According to Mr. Sagar Bhandari, the Field Worker of CWIN as well as the Receiver of 1098 more than 40 calls are received in a day. The calls received are related to various child issues and is reported by both children as well as guardians. The children who are rescued from kidnapping, child marriage, sexual abuse, exploitation, etc. are provided with appropriate relief and facilities from this service. Though this cost free service is only limited to Kathmandu, Mr. Bhandari informed that they often receive calls from other parts of the country as well. Therefore he claimed that there is a growing demand for the service.

Further Mr. Bhandari explained that since that service has been started; among 40 crores children who were missing, more than 30 crores of them have been found with a joint effort of police and other organizations. Similarly, around 34 street children who were seriously injured due to a fight within themselves have been provided with proper medical treatment. Likewise, the service since started has re-integrated 40 children, found in a street with their parents. He added that a 14 year old child who was forced to get married to a young guy has also been freed from him. Lastly, he said that legal actions are being taken against the person who had sexually abused two girls.

Source: Himalayan Times (Nepali Rastriya Dainik) 29th November, 2007


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CWIN IN ACTION
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Launching of Child Helpline Nepal 1098

Mr. Subash Nemwang, Honorable Speaker of the legislative parliament inaugurated toll free Child Help Line (1098) dialing the number.

18th International Child Rights Day on November 20 has been observed with a slogan called "Ensured Child Rights for the Foundation of New Nepal". At a program organised by Main National Organising Committee, children from different organisations, distinguished guests, high level bureaucrats expressed their point of views regarding the prevalent child rights situation in Nepal and proper implementation of the Convention on the Rights of the Child.

Speaking at the program, Sarita Udas, 15 who has been working in a brick kiln questioned how the country would become a New Nepal as the state has failed to address the rights of 50 percent of the total population which consist of children. She warned the government if the government only hears the voices of those who demonstrate on the street, the children are also ready to announce protests for their rights. Amar Rai, 13 said none should boast by organising big programmes once in a year and voicing that they have contributed a lot for securing the child rights.

At the programme, Mr. Subash Chandra Nemwang, Honorable Speaker of the legislative parliament inaugurated toll free Child Help Line (10 9 8 ) dialing the number, which at present has been operated by Child Workers in Nepal Concerned Centre (CWIN). He declared it open for the nationwide operation of the Helpline by different organisations. The toll free Help Line would assist the children who are in a dire need of help to safe guard their rights and against any kind of abuses.

Children singing the National Anthem during program

Inaugurating the program, Speaker Nemwang said the government is committed to ensure the child issues and implement the existing laws in the practice. He added that endeavor of the people working in the field of children should be commended. Nemwang further said the children should be freed from all the problems they are facing. It is the duty of the people to adjudge and monitor the government performance in children's sector so that the government would take right decision by correcting the previous mistakes.

Honorable member of the National Human Rights Commission Mr. Gauri Pradhan said that coordination among the concerned stakeholders is needed to ensure the implementation of existing plans and programmes.

Vice Chairman of National Planning Commission Honourable Dr. Jagdish Pokhrel said that it is a big challenge for the country to fulfill the expectation in implementing all the issues of child rights in reality at present context.

At the program chaired by Punya Prashad Neupane, the Secretary of the Ministry for Women, Children and Social Welfare, the Chairperson of National Women Commission Mrs. Nainakala Thapa, the Vice Chairperson of Social Welfare Council Mr. Data Ram Khanal, the Country Director of Plan Nepal Mr. Prem Sukla, the Representative of Save the Children Norway, Mr Gunnar Andersen also expressed their views.


20th ANNIVERSARY OF CWIN-NEPAL
NATIONAL SYMPOSIUM ENTITLED "RESPECT FOR CHILD RIGHTS WHILE BUILDING A NEW NEPAL

19 November, 2007

VENUE: RUSSIAN CULTURE CENTER

Founder President of CWIN-Nepal and the Honorable Member of National Human Rights Commission, Mr. Gauri Pradhan honoured for his remarkable contribution in human rights and child rights movement in Nepal

This year CWIN-Nepal has completed 20th year of its establishment. CWIN-Nepal has played an important role for the establishment of child rights movement in Nepal. In this period of two decades, various achievements have been observed in the condition of child rights in Nepal and it has also faced some challenges. In the same context CWIN-Nepal has published a report on achievements and challenges of its two decades of action for children, with children.

To mark its 20th anniversary and two decades of child rights movement in Nepal, CWIN organized a press meet. Presenting a paper on Two decades of Child Rights Movement in Nepal, Speaker of CWIN, Mr. Tarak Dhital said- "It is very encouraging that the Interim Constitution has mentioned the rights of children as fundamental rights, but present laws and procedures are not sufficient to safe guard the rights of children". Children's issues have come a long way in last two decades and there has been development of various policies related to the issue. He added that many challenges have been encountered during the period to transform the issue of child rights from a non-issue to a national priority issue.

Similarly, on the occasion of the International Child Rights Day and the 20th Anniversary of CWIN-Nepal a National Symposium was organised on 'Respect for Child Rights While Building new Nepal'.

The representatives of major political parties were present in the programme. Speaking at the programme, Finance Minister, Mr. Ram Saran Mahat said that the rights of an individual should not just be limited to political rights but social, financial and child rights should also needs to be focused on. Former ministers, Ms. Asta Laxmi Shakya (CPN-UML) and Hisila yami (CPN Maoist) also stressed on the need of guaranteeing rights of all children of Nepal so that we can proudly move forward to the direction of building a New Nepal.

Founder President of CWIN-Nepal and the Honorable Member of National Human Rights Commission, Mr. Gauri Pradhan cherishing the memories of two decades of action with CWIN shared that there was a time when child rights was viewed as an alien issue or just an issue of welfare. Further he stated that children should be respected as partners in development to ensure a truly democratic society.

Speaking at the same programme, Country Representative of Save the Children-Norway, Mr. Gunar Anderson said that Save the Children-Norway have been working with CWIN in partnership since early days of its establishment and the credible work CWIN has done so far is the reason for such a long partnership. Further, he added that 50% of total population is children and the state should have some special programmes for them. Similarly, Country Representative of UNICEF said that the environment of country is progressive towards the protection of children. She also stressed that there is lot more to be done to safe guard children's right in Nepal. Likewise, the Country Director of PLAN-Nepal, Mr. Prem Sukla said that Plan-Nepal is committed to work towards ensuring rights of children in Nepal.

On the same occasion, CWIN's Founder President, Mr. Gauri Pradhan was honoured for his remarkable contribution in human rights and initiating the child right movement in Nepal. Similarly, two child clubs of the country; a child club from Khotang and Jagriti Child Club of Nawalparasi were honoured for their remarkable contribution in promoting children's participation to strengthen child rights movement in Nepal.

Keeping up the tradition, CWIN also organised a Blood Donation programme for the children at risk. CWIN had established a Blood Bank for Children to help children in need of blood in 1998.

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CHILDREN IN NEWS
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Child rescued from workplace

A child, working for three long years, in a hazardous condition in a Hotel at Itahari has been rescued. She used to work 18hrs a day, was suffering from malnutrition and had several injuries on her hands.

Three years ago, Anju Rai, came from Sankhuwa Sabha-Mulkharka had come to Itahari when she was only 9 years old. She had been appointed for a job in "Pathibhara Hotel" by one Sita Dahal. But later she was kept by her as 'bonded labourer'. I had to wake up at 4 o'clock in the morning and had to wash dishes till 11 in the night"-says Anju Rai, showing her hands which were full of rashes. However, she states that she doesn't have any problem working but the main problem was that she was not even provided with proper food. She added that she not only had to wash dishes but also had to do other domestic chores such as washing Sita Dahal's clothes. Furthermore, whenever some customers would give Anju some money; Sita would snatch it from her. When investigated, it was found that Sita had actually promised to provide Anju with proper food and clothing. Further, she had also assured that she would provide her with proper education. With this false promise, Sita had brought Anju to Itahari. Mr. Karna Bahadur Rai, leader of Kirat Rai Organisation said that the police along with the representatives of various organisations which are working for child rights went to rescue her as soon as they received the information regarding her situation. Similarly, he confirmed that until and unless her parents are not traced, she would be provided with proper health treatment, education and other necessary care. At present, Anju is under care and protection of Ms. Chandra Rai and plans to admit her to school after Tihar.

Source: Naya Patrika, Sunsari, Novembe 6, 2007


A child living with injury on the Child Rights Day

While the entire world was celebrating the International Child Rights Day, a 12-year-old girl, Nirmala Khawas along with her two sisters at Dingla, Bhojpur were trapped in a fight between the Security forces and Maoists. They subsequently were badly injured. Even after five long years from the day the incident took place, they are still bound to live with the pain caused by the injury occurred on that incident.

While the Security Forces in the Base-camp at Tumlingtar, Sankhuwa Sabha were at visit, fight had erupted between them and the Maoists. The fight took place at Tudhikhel, a place near Dingla, on January 13, 2003

During that fight, a two-inch long mortar had been dropped at Madhumaya Khawas's residence, located at Kaurenipani VDC-7. As a result of which Sabina Khawas, an 8-year-old child was killed. On the same incident, a 12-year-old Nirmala Khawas and her sisters, 19-year-old Sharmila and 24-years-old Pramila Khawas were also injured. The particles of the bombs and bullets that had penetrated their bodies still have not been removed due to an economic crisis.

They informed that although the Government had sent them to Dharan and Biratnagar for treatments as an operation was necessary, the Doctor had suggested them to go to Kathmandu. However, due to the financial crisis they were unable to go to Kathmandu for further treatment and therefore they returned home.

Vice President of the Civil Society of Dingla, Mr. Bhoj Bahadur Bhujel has also emphasised the financial crisis as the main reason for the delay in their treatment.

Source: Nepal Samachar Patra, November 21, 2007

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EDUCATIONAL NEWS
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Siraha Schools to be shut for 11 days

Alleging that the government remained indifferent to their six- point charter of demands, agitating civil servants and teachers in Siraha district today decided to shut sown all government and non - government offices and educational institutions in the district for 11 days , starting tomorrow, however , the emergency health services and electricity services would not be disrupted.. The decision was taken after a meeting between the district administration and the joint struggle committee of the civil servants and teachers ended in conclusively. Organisations affiliated to the civil servants' and teachers' unions accused the seven parties of being apathetic towards their demands. The two unions are demanding a guarantee of security for government employees and teachers. They also want slain VDC secretaries and teachers to be declared martyrs and that the government reimburses abducted employees who pay ransom for their release. Earlier, the agitating employees and teachers had sent a memorandum to the PM warning that they would go into aggressive agitation mode if their demands were not met by November 18.
Source: The Himalayan Times; November 19, 07

Rights in school education

The National Human Rights Commission (NHRC) has sent a letter to the government for including human rights syllabi in the school level education. NHRC has asked for revision of the school level curriculum and inclusion of human rights to ensure the concept of gender equity and social inclusion. The Commission also said to launch both formal as well as informal education programmes to promote the culture of human rights. As the Vienna Declaration and Action Programme 1993 have focused on promoting human rights education, Nepal should change the education policies per the aspiration of the people's movement, NHRC said.
Source: The Rising Nepal; 19 /11/ 07

Thousands of students and teachers abducted in Nepal in 5 years: UNESCO report

A report of the United Nations Educational, Scientific and Cultural Organization (UNESCO) has revealed that the latter part of Nepal's insurgency saw a massive scale of abduction of students and teachers. The UNESCO study on the impact of conflict on education, which was made public on Thursday, said that as many as 22,000 students and 10,000 teachers were abducted between 2002 and 2006 in Nepal while 734 teachers and 1,730 students were arrested or tortured during that period. Afghanistan, Colombia, Iraq, Nepal, the Palestinian territories, Thailand and Zimbabwe are some of the most conflict-affected nations listed in the UNESCO report.

The UNESCO report catalogues a range of assaults on education in the conflict zones: students taken hostage, targeted by bombs or abducted to work as child soldiers; teachers assassinated in school; the blasting of schools with shells and rockets or their use as military bases; and teacher trade unionists unaccountably disappearing. The study, which is based on available statistics, finds that 40 per cent of the 77 million students not in school live in conflict-affected areas. Brendan O'Malley, the principal author of the report, noted that the problem, which is difficult to document, could well be more widespread, and called for the establishment of a global system to monitor the situation.

Pointing out that "attacks on educational institutions are a war crime," the study charts the extent and nature of the violence and suggests actions to address it. Among other measures, it calls for campaigns to end impunity and steps to designate schools as sanctuaries in conflict zones. "One suggestion is that we create a symbol rather like the Red Cross to denote recognition of this status" protecting educational facilities, O'Malley told reporters in New York.

Source: nepalnews.com mk; Nov 09 07

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NEWS OF THE MONTH
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UN: New Post to Combat Violence against Children
The Secretary-General's Study on Violence against Children

The UN General Assembly's decision on 27 November 2007 to establish a Special Representative to the Secretary-General on violence against children is a welcome step toward combating this worldwide problem, said a broad coalition of human rights groups and child rights advocates. The decision to create the new position was made under the General Assembly's annual resolution on the Rights of the Child, adopted in the Third Committee the appointment follows the release last year of the UN Secretary-General's Study on Violence against Children. This study exposed the shocking scope of violence against children worldwide and its devastating effects on children, their families, their communities and broader society. More than 1,000 non-governmental organizations from 134 countries around the world signed a petition launched by the NGO Advisory Council calling for the appointment of the Special Representative. The mandate for the new Special Representative includes enhancing the visibility of all forms of violence against children, advocating for the elimination of this violence, and supporting the implementation of the Violence Study's recommendations. Other aspects of the mandate include identifying and sharing good practices and enhancing coordination and communication among key actors (including the UN system, member states, NGOs, children and youth). The NGO Advisory Council also welcomed the resolution's call to change attitudes that condone or normalize violence, including violent forms of child discipline. However, the NGO Advisory Council expressed deep regret that the General Assembly's annual resolution had once again failed to explicitly identify corporal punishment among the many forms of violence that states are urged to prohibit and eliminate. This is a key recommendation made both by UN Secretary-General's Study on Violence against Children and the Committee on the Rights of the Child. The NGO Advisory Council was established in 2006 to enhance follow-up to the UN Study on Violence against Children. It includes nine regional representatives, and nine representatives from international NGOs. The international NGO representatives include Human Rights Watch, Save the Children, the Global Initiative to End all Corporal Punishment of Children, the Child Rights Information Network, Defence for Children International, ECPAT (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes), World Organization against Torture, Plan International, and World Vision.

Source: http://www.crin.org/violence

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BOOK REVIEW
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"Constitutional Assembly and Children" (Sambidhan Sabha ra Bal Balika)

CWIN-Nepal has published a book "Constitutional Assembly and Children" (Sambhidan Sabha and BAL Balika) with the support of Save the Children. The book written by CWIN's Founder President Mr. Gauri Pradhan is a compilation of ideas and suggestions for respecting children's rights in the course of the constituent assembly elections and "Building New Nepal with Children". Similarly, it also aims to help policy makers including the political parties to make suitable policies for children as per their needs and also to implement the policies in an appropriate manner.


Born of War

The book entitled "Born of War" published by Kumarian Press, Inc, 1294 BlueHills Avenue, Bloomfield, CT 06002 USA and edited by R. Charli Carpenter is a collection of essays related to crucial issues which are prevalent in conflict zones worldwide. It examines the human rights of children born of wartime rape and sexual exploitation in those areas. This book further has detailed information on the multiple impacts of armed conflict on these children's survival, protection and membership rights. The case studies included in the book helps to make it more interesting and effective. It also highlights on the causes that leads those children to face risks such as discrimination, infanticide, loss of health care, education and other rights guaranteed under international law.

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FACT SHEET
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Situation of Child Care Homes and Government Initiatives in Nepal As on November, 07

Milieu Information:

  • Child Act 2048 enacted
  • Rules and regulation 2051 promulgated
  • Child Labor Prohibition and Regulation Act 2056 enacted and enforced in 2062.
  • Minimum standards for the management of child care homes 2060 adopted.
  • Child Care Home Monitoring Committee established by the Government of Nepal
  • Civil code 1963 (12th amendment) and enforced in November 2007
  • Monitoring activities initiated.

Statistical information

  • Total number of Child Care Homes in Nepal :523
  • In Kathmandu District:230
  • In Lalitpur District:115
  • In Bhaktapur District:21
  • Inside Kathmandu Valley:366
  • Outside Kathmandu valley:157
  • 2/3 of the homes are running under risk situation with token support.

Major Challenges of Child care home at present:

  • Internal Migration of children knowingly unknowingly from villages of Nepal
  • Trend of running home without formal registration
  • Adoption of children as profession in child care homes.
  • Fostering the children at homes who have even biological parents.
  • Lack of knowledge on residential care facilities and child rights
  • Lack of long term vision and planning (i.e. like Mushroom farming).
  • Lack of strong monitoring mechanism
  • Lack of alternative cares (homes should be last resort)
  • Mostly run under charity and mercy of the religious community on faith based.
  • Need to rehabilitate about 1500 plus children under risk condition from poorly manage child care home immediately.
  • Governmental run child care homes are in under risk conditions and need to be properly managed.

Prospects:

  • Concern agencies have shown their interest to tackle the issue
  • Media agencies have given priority to highlight the issue
  • Social awareness increased
  • *CCWB has formed multi sectoral monitoring committee
  • Initial attempts have been found fruitful
  • Credible child focused institutions have extended their helping hands
  • *CNET-Nepal has shown their interest to combat the issue.

Government's Recent Initiation

  • Child Helpline- Nepal (toll free ) number : 1098
  • National Center for Children at Risk (toll free Number 104 for Lost and found Children in Kathmandu.)
  • Mobilizing Central Child Rescue Fund
  • Establishing of Juvenile Bench
  • Establishing of Child Care Home Monitoring Committee
  • Allocation of Fund to all 3915 VDC

*CCWB: Central Child Welfare Board; CNET-Nepal: Child care Homes Net- Nepal


November 2007, CWIN-Nepal

*Source: CNET, CCWB, Concern, CWIN National Resource Centre on Child Rights and Children in Conflict and paper presented on " Interaction programme for strategy Development to Combat the issue of Child Care Homes by CCHMC, CCWB - 6/2007Kathmandu