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Volume 4, No 5, May, 2007
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Stop violating child
rights
There was Jana-Andolan
I, Maoist insurgency, again Jana-Andolan II, and now other political movements
like Madhesi / Janajati Andolan. The political history of Nepal has been quite
chaotic for some time and has experienced many ups and downs. Everyone is hoping
that these movements will bring sustainable peace and that children benefit
from the political developments. In the context of Nepal, regardless of what
political or social movement takes place, the hardest hits are the students
and other children. Children pay the ultimate price, being victimized in one
way or another, sometimes being orphaned or displaced or forced into labour
elsewhere. Also, at times the children have to pay for their own study which
is hardly repaid.
The Nepal Educational Republican Forum
(NERF) and the Institutional School Teachers' Association (ISTU) have both shut
down almost 35,000 schools from 17-27 May 2007, which in turn is affecting studies
of some 75,000 students across the country. They initiated their protest with
valid demands including preventing the commercialisation of education. Also
a demand for private schools to provide salaries and facilities equal to that
of government teachers and schools is on the table. NERF and ISTU have demanded
not only a salary raise and better facilities for teachers, but have also demanded
adequate physical facilities as well as for schools to be more child friendly
environments.
The demands are genuine but the approach
does not seem proper and effective. The closure of schools, which is disturbing
the children's education for an extended period, is not a sensible step taken
by the responsible educationists/academicians. Moreover, the government has
also shown its irresponsibility towards the children's education by not responding
to the protests properly and in a timely fashion.
Although the agitating groups have called
off their strikes for now, the issues have not been fully settled and the district
educational offices continue to be locked up. They have said that although they
have called off the schools' closure, the protest is ongoing.
Dialogue is the best means of settling
a dispute. A solution will emerge soon if all sides recognize one another's
legitimate interests and limitations. Strikes not only disturb the academic
cycle but also ruin the future of the children.
Let us not spoil the future of children!
2064, Jestha 04,
Kathmandu. Schools in the country remained closed effective
from today due to indefinite strike called by Nepal Educational Republic Forum
affecting the right to education of almost seven million children. CWIN requests
all the concerned parties to end the strike and continue the education process.
A decade long armed conflict has ended and the peace process has started after
dialogue between the parties. At this crucial stage where we have to sustain
the democracy gained after much hardship, the closure of such schools has hampered
children's fundamental rights. This cannot be seen as a right step. Children
are declared Zones of Peace where concerned stakeholders are committed to avoiding
the hindrance of the education of the children. Such movements, which are hampering
children's education, only show the irresponsible behavior of stakeholders towards
the rights of children.
Democracy heralds from the rights to freedom to the
rights to expression, but in order to fulfill one's needs, children should not
be used as scapegoats. We request all the concerned stakeholders to address
the issues taken up by the Forum. Every child has the right to quality education
without any hindrances, but the current situation where the problems are plenty
and the interventions few, show the irresponsibility of those concerned. Hence,
we request the forum, private schools, government and other concerned parties
to seek a long term solution and exhibit democratic values. No child should
be deprived of education, nor should education be commercialised. We request
all the concerned parties to find a solution through dialogue and to avoid unjustly
affecting the children. Tarak
Dhital
Spokesperson
CWIN Nepal
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CHILDREN ARE ZONE OF PEACE |
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Schools shut down nationwide
/ Teachers angry, parents worried, children happy
The Nepal Educational Republican Forum (NERF) and Institutional School Teachers'
Union (ISTU) shut down all pre-primary, primary, secondary, and higher secondary
schools - government, private and community- across the nation saying that the
government failed to implement the tripartite agreement reached with the Education
Ministry last month.
According to Mukund Gautam, president of ISTU, they
are compelled to start fresh programs of protest after the Education Ministry
failed to fulfill its commitments of addressing the teachers' demands within
the month. The protesting teachers promote their five point demand which includes
appointment letters, minimum benefits and annulment of company act, in order
to stop the commercialisation of education.
However, children are enjoying the indefinite strike
called by teachers. For them it is a time without homework. Most of the students
are oblivious as to why their schools are closed. They feel as though this is
a holiday. On the other hand, parents are worried about their children's future
and want the school to resume as soon as possible. "I had only recently
enrolled my children at the school and spent big money. But it has closed down
for an indefinite period", one of the parents says. The children may gradually
lose interest in reading and writing if such strikes continue for long. "Children
would stop even touching their books in few days," she adds. This strike
will spoil their habit and desire to learn.
The strike has also worried some older students. Kishor
Lama, a 10th grade student says," The concerned parties should not play
with our future and should immediately settle this situation".
Source: Kathmandu Post, 14th May/ 19th May 2007
Agitating
groups call off school closure [TOP]
A joint meeting of the Maoist affiliated Nepal Educational Forum (NERF) and
All Nepal Independent Students' Union-Revolutionary (ANNISU-R), held on Sunday
night, decided to let schools open across the country from Monday, 28th of May
2007. According to Baburam Timilsina of NERF, they decided to call off the strike
in consideration of appeals from students, parents and other stakeholders.
"All schools can be reopened from Monday",
said ANNISU-R's chairman Lekhnath Neupane, adding, "But our demands are
still the same". He further warned that unless the political parties and
the government address their demands within a month, they would launch a general
educational strike.
Source: The Kathmandu Post, 28th May 2007
Maoist
combatants occupy school [TOP]
Owing to insufferable conditions inside the cantonment, some one thousand Maoist
combatants are taking shelter inside the local Holyland School in Parsa of eastern
Chitwan since last month.
Former combatants of the Maoist's first division cantonment site in Shaktikhor
moved into the school after finding it unoccupied.
According to camp spokespersons Abiral, "the combatants
are reluctant to return to the camp because rainfall has worsened living conditions
in the camps."
A month ago, a strong gale blew away the camps' tents.
"We will return once fresh tents are provided", Abiral said. Earlier,
200 combatants sheltered at the Udaypur Community Forest Building returned to
their camps. "Half of our troops will be forced to stay in nearby villages
because of a lack of proper camp management", said Abiral.
Source: The Kathmandu Post, 20th May 2007
UN Body urges Maoists
to demobilise child soldiers [TOP]
The
United Nations Security Council (UNSC) Working Group on Children and Armed Conflict
has demanded that the parties in Nepal and Sri Lanka demobilise all child soldiers
without delay. Addressing the Government of Nepal and the Communist Party of
Nepal Maoist (CPN-M), which are now engaged in a peace process under UN monitoring,
the group called for the "immediate liberation" of child soldiers
without waiting for further stages in that process.
"We hope that the children who remain in the ranks
of the CPN-M will be demobilised and reintegrated into their communities without
delay", said Radhika Coomaraswamy, Secretary-General Ban Ki-Moon's Special
Representative for Children and Armed Conflict.
The group has also called the Sri-Lankan rebels, the
Liberation Tigers of Tamil Eelam (LTTE), to end child recruitment, respect safe
zones for children and guarantee humanitarian access to all areas.
Source: The Himalayan Times, 13th May 2007
Peace Park in
memory of war-dead kids [TOP]
Minister for Peace and Reconstruction, Ram Chandra Poudel, laid the foundation
stone for children's peace park to be built in Sinamangal. The park is being
built in memory of 470 children who lost their lives in the decade long insurgency.
Source: The Himalayan Times, 3rd May 2007
Draft bill on child
rights ensure more protection for kids
The draft of a new bill on child rights has proposed to extend the deadline
for child victims to file complaints at the police stations from thirty five
days to three years.
The Child Rights Protection and Promotion Bill states:"One
can file a case against any action, subject to punishment under this act, within
three years".
The draft, which ensures social justice, basic health,
social security and the right to upbringing has been drawn in line with the
Interim Constitution of Nepal, UN Convention on The Rights of Child, Optional
Protocol to the UN CRC on the involvement of children in armed conflict and
other international conventions.
The draft that contains nine chapters and seventy two
clauses has broadened the concept of child rights.
It has defined child protection and its clauses ensure
children's rights to name, birth registration and nationality, protection, upbringing
from parents and guardians, education, health, entertainment, sports, culture,
confidentiality, participation, and information. It has also made provisions
on the responsibilities of children, parents, guardians, family and the government.
According to the draft, juveniles shall not be prosecuted
in courts. And separate juvenile benches - equipped with in-camera hearing and
human resources like child psychologists, professional social workers to assist
juveniles in such cases - shall be set up. The draft has categorically defined
child care homes to child transit homes, residential service homes, the role
of child protection officers, social workers and psychologists.
The state with the help of local authorities and District
Child Rights Committee would ensure protection and care to the orphan, abandoned,
disabled and street children.
Source: The Himalayan Times, 10th May 2007
Children
adoption process withheld [TOP]
The
Ministry of Women, Children and Social Welfare has stated that the process of
giving Nepali children to foreigners for the purpose of adoption has been withheld
until it was approved by the Council of Ministers.
"The process remains suspended until it is given
the final shape by the Ministry and is approved by the Council of Ministers,
as the guidelines on the terms and procedures for the adoption of Nepali children
by foreign nationals, 2007, prepared by the Government of Nepal as per the spirit
of Hague Convention on Inter-country Adoption, 1993 and the Kathmandu Declaration,
is in the process of discussion," the Ministry has stated in a press release.
The Ministry of Women, Children and Social Welfare has
said that it was sensitive and conscious regarding the inconveniencies that
this decision would cause to the sides concerned and hence would prepare and
implement the proposed Terms, Conditions and Procedures on Adoption as soon
as possible.
Source: The Rising Nepal, 23rd May 2007
Chhaupadi
Elimination Directives Draft Ready [TOP]
The government has formulated a draft of the 'Chhaupadi Elimination Directives
2064' to do away with the practice of chhaupadi in the Far-Western and Mid-Western
Development Regions.
Adolescent girls have to live in cow sheds for at least
15 days during their first menstruation period. The Ministry of Women, Children
and Social Welfare has come up with the draft of the directives in accordance
with a Supreme Court verdict on May 2nd 2005 that abolished discrimination against
women.
The directives have identified the role of Women Development
Officers in targeting schools, women and children affected by the practice of
chhaupadi.
Source: The Himalayan Times, 24th May 2007
Seventeen
children rescued [TOP]
Seventeen children were rescued from a 'child care home'
near Thankot where children were living without sufficient food and denied access
to school. On the initiative of District Child Welfare Board (DCWB) Kathmandu,
representatives of different NGOs working for the rights and welfare of children
rescued the children from Human Rights and Child Rescue Center, in the Western
entry point to Kathmandu.
The rescued children aged between 5-11 years have been
transferred to a transit home run by CWIN. According to Gyan Bahadur Lama, member
secretary of the DCWB, the child care home was run without government permission.
Most of the children were brought in from the remote
western district of Humla by relatives and neighbours who promised to enroll
them in good schools. One of the rescued children, Chhiring Fadera, 11, said
his neighbour brought him to Kathmandu and kept him in the child care home two
months ago. "We haven't gone to school yet", he said.
The children were under the care of Jhanku Bhandari,
the wife of Dal Bahadur Fadera, who was accused of trafficking nearly 1500 children
to various countries in the past, including India. Surprisingly, most of these
children have guardians in Kathmandu. Lama said, guardians were partly responsible
for the miserable condition of the rescued children.
Source: The Kathmandu Post, 31st May 2007
Thirteen-year-old
girl to marry a Maoist Leader [TOP]
A thirteen-year-old girl Ranjita Paswan is getting married to Mahendra Paswan,
30, a Regional Bureau member of Communist Party of Nepal (Maoist). According
to Mahendra Paswan, he has to marry under family pressure and societal culture.
He claims the girl is sixteen years old where her maternal uncle says she is
only thirteen. A local resident Dhyani Shaha concurs that she is a minor but
adds that the couple make a good pair.
Talking to the newspaper source, Mahendra said, "In
our community, we don't have any restriction for a girl to have crossed the
age of twenty to get married. If we look upon the girl aged twenty, we might
not find any".
Source: Naya Patrika, 12th May 2007
HIV positive
kids denied of school admissions [TOP]
"When
we went to school, friends said they would not play with us", a ten year
old HIV+ girl says. She was describing how she has been denied the right to
education despite changing three schools in as many months. A five year old
HIV+ boy who lost both his HIV+ parents was silently listening to the girl sharing
her experience at a discussion program organised by the United Nations Children's
Fund (UNICEF). These two children are among 30 HIV+ and AIDS afflicted children
who are not able to go to school just because of their HIV status. The school
at Bansbari, where they were first enrolled was planning to keep those 30 in
one building as a result of tremendous pressure from parents. Due to such discrimination,
Nava Kiran Plus, an NGO that has been providing shelter to the 30 children,
shifted them to another school.
Source: The Kathmandu Post, 18th May 2007
Condition of street
kids pathetic [TOP]
Social Research Center (SRC) made a study on
street children which pointed out sexual abuse, child labour and poor health
as chronic problems faced by street children. According to the study, 48 percent
of street children are illiterate and 91 percent use narcotics, including intravenous
drugs, and among them 57 percent are still unaware of what HIV and AIDS are.
Source: The Kathmandu Post, 18th May 2007
Headmaster
penalised for discrimination [TOP]
The
headmaster of a local school, who barred a Dalit teacher from registering her
name in the school's attendance book in response to her caste has been demoted
and fined Rs. 500.00.
Parbati Rasaili has been transferred to Nepal Rastriya Primary School at Aulsurma
where the headmaster, Bir Bahadur Khatri, barred her from registering her name.
According to District Education Officer Bhakta Dhakal, Khatri will serve as
an assistant teacher for a year.
Another Dalit teacher of the school Ratna
Bahadur BK has been appointed to Headmaster of the school.
Source: The Himalayan Times, 24th May 2007
Mr. Gauri Pradhan selected
as a "Regional Representative" to the Violence against
Children NGO Advisory Council
 Mr.
Gauri Pradhan, Executive President of CWIN has been selected as a Regional Representative
to the Violence against Children NGO Advisory Council. The NGO Advisory Council
was initiated specifically to support a strong and effective follow-up to the
UN Secretary-General's Study on Violence against Children. Its primary purpose
is to encourage and maintain NGO involvement at national, regional and international
levels through follow-up advocacy with governments, UN agencies, and others
for the full implementation of the Study's recommendations.
His selection as a Regional Representative of South
Asian countries is an honour as it is an achievement for the hardship and dedication
he has put into fighting child labour, violence, exploitation, abuse and other
related issues for the Rights of Children.
CWIN Nepal congratulates Mr. Gauri Pradhan on behalf
of the whole team wishing him a successful term as Regional Representative to
the Violence against Children NGO Advisory Council.
CWIN
Helpline rescued a child domestic worker [TOP]
Suku Tamang, an eleven-year-old girl is rescued from
Kalanki where she worked as a domestic worker. She was beaten while tied up
to the toilet pipe by her employer Geeta Joshi, 68.
One of the children from CWIN Transit Home saw her beaten
and informed the case to CWIN Helpline, from where the girl was rescued under
joint effort by CWIN, CWISH and Nepal Police. She will be kept at CWIN Balika
Home for some time. Suku has been working at Geeta's place for the past four
years. She is the first child to her parents' who work as labourers in Kathmandu.
The UN CRC states children under fourteen years of age cannot be kept as labourers,
although she started working at seven years of age. Though she is said to be
eleven years old, she looks quite a bit younger and thinner than others in her
age group.
However, after the intervention, the employer family
agreed to provide NRs. Sixty Thousand as a compensatory amount to the girl.
A joint account will be opened in the girl's name, either one of the parents
of the girl, CWIN and the Principal of her school. Her parents are willing to
keep their child and educate her.
Janak Prashad Humagain
commemorated [TOP]
 CWIN
Nepal organised a book launch program on 20th of May 2007 commemorating
100th day of demise of Author/Poet Janak Prashad Humagain. The
2nd edition of a book "Gore Gharti ko Sawai" written
by Late Humagain was launched by Laureate Krishna Prashad Parajuli
on the day. The book launch program was chaired by Gauri Pradhan,
the Executive President of CWIN Nepal. Guests for the program
include Modnath Prasit, Sudha Tripathi, Dr. Chudamani Bandhu,
Krishna Prashad Neupane, and Jibendra Dev Giri amongst others.
They have shared their experiences with Janak Prashad Humagain
who will be remembered as a straight forward person and a laureate
who had contributed for children's literary.
Orientation
on UNSCR: 1612 and 1325 [TOP]
CWIN Nepal organised orientation programs on UNSCR (United
Nations Security Council Resolution): 1612 and 1325 for its staff members.
UNSCR 1612 is a monitoring and reporting mechanism regarding
the use of child soldiers that was adopted unanimously by the United Nations
Security Council on 26 July 2005.
It collects and provides timely, objective, accurate
and reliable information of the recruitment and use of child soldiers in violation
of applicable international law and on other violations and abuses committed
against children affected by armed conflict, and that such a mechanism must
operate with the participation of, and in cooperation with, national government
and relevant United Nations and civil society actors.
UNSCR 1325 is focused on women, peace and security.
UN Security Council passed this resolution on October 31st 2000. This document
is the joint effort of women from all over the world. The UN underlines the
importance of improving the protection of women in conflict zones; include women
in civil society groups, especially in processes and implementation of peace
agreements. This UNSCR 1325 calls the UN to : increase women's participation
at decision making levels in conflict resolution and peace processes; appoint
and involve more women in UN field missions as military observers, civilian
police, human rights and humanitarian officers; provide gender training guidelines
and materials on the protection, rights and needs of women and girls; study
on the impact of armed conflict on women and girls, role of women in peace building,
the gender dimensions of peace processes and conflict resolution.
These UN Resolutions are applicable in contemporary
situation of our country.
 Muni
Mali, 8 years and Chanda Mali, 7 years, of Domtol in Bara District.
Muni got married 3 months ago while Chanda tied the knot 3 years
ago. Despite the rhetoric of women empowerment and child welfare,
child marriage is still common in some parts of country.
Source: The Kathmandu Post, 19th May 2007
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STATE OF RIGHTS OF CHILDREN |
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State of Rights of Children
January -March, 2007
CWIN has been publishing a periodic report on the State
of Rights of Children in Nepal since the Government of Nepal ratified the UN
Convention on the Rights of Children in 1990. The periodic report is presented
in line with the four main components of the CRC, i.e. Survival, Development,
Protection and Participation of children. The data and information included
in the report is based on data from research works, studies and surveys, newspaper
reports and information recorded in the CWIN Helpline, carried out to date. Survival According
to the census data, children under 16 years of age hold 41 percent of the total
population out of which fourty nine percent are boys and fifty one percent are
girls.
For better and healthier lives of children, proper treatment
should be started from before birth. A pregnant woman has to be taken good care
of irrespective of the biological differences of a child. According to the CRC,
a child has the right to safe delivery during birth and after: the right to
healthy food, good care, immunisation, primary health care, good environment,
clean water, etc. as basic supplements to his/her life.
The child mortality rate in the country has reduced
by almost half in the past fifteen years. Increasing immunisation coverage and
vitamin A supplement among young children are keys to this success. Ironically,
due to geographical complications of the country, basic health care services
are not accessible to hilly and mountainous areas. Another problem, which arises,
is that professional medical practitioners are not in adequate numbers in more
remote areas of the country.
During the period of January to March 2007, there were 67 cases of violence
against children, among whom 6 of them were physically tortured and 30 were
mentally tortured. 32 children were rescued while being trafficked to neighbouring
India for child labour. 60 children were rescued from child care homes without
basic services. 10 children were killed due to personal conflicts, but four
escaped the attempted killings. 8 of the children were abandoned by families
where 21 children were orphaned. 12 children were economically deprived while
there were 6 cases of infant killings.
During this period, 34 children became the victims of
conflict where four of them died and 25 were seriously injured. Two children
were kidnapped and 8 children died in the movement by Madhesi Janadhikar Forum.
Three cases of child suicide were also reported during
this quarter.
Accidents are unpredictable though preventable, yet
road accidents in Nepal - being one of the main causes of deaths worldwide -
are estimated to have killed at least five hundred children alone. This quarter,
79 children were victims of various kinds of accidents, of which 52 lost their
lives and 27 were seriously injured. Those children who luckily survived are
more likely to have a disability, because of insufficient medical support.
Natural calamities are some of the reasons for deaths
occurring in Nepal. This quarter, 22 children were affected by natural calamities
of which 20 of them died and 2 were injured.
Protection CRC has defined
the rights of the child as including protection by parents and in cases of children
without families, or of refugee and/or handicapped children, the responsibility
of the state's obligations towards them.
During this quarter, 32 children were rescued who were
to be taken to work as child labourers in different parts of India. In one case,
a bonded labourer was discovered even though the system has been legally abolished.
12 cases of child delinquency were reported by CWIN.
There have been cases of social discrimination regarding
caste. One of these cases of social discrimination was reported in this quarter.
It is estimated that there are 5500 children in the
streets of Nepal. There are various driving forces for children landing in streets.
The decade long armed conflict in Nepal is one of those. Most of the children
who are displaced from their hometowns have ended up as street children in different
cities within Nepal.
The CWIN Helpline has recorded 54 cases of lost children
where 13 of them were found. 8 children were kidnapped where 2 of them could
be rescued. The Government of Nepal has launched a toll free number 108 for
lost and found children. They have registered 652 cases of lost children where
425 were found in the period of three months.
Child marriage is illegal but the practice is still
seen in some communities. This quarter three cases of child marriage were recorded.
Schools are places to learn and receive an education.
But at times, there are cases where children have to face devastating punishments
in the name of behavioural changes. Corporal punishments in schools seem to
be increasing. 38 cases have been reported. Among them, 6 were physically tortured,
30 were mentally tortured and 2 children were treated inhumanely because they
were not able to pay the school fees.
Development Birth registration is one of the
basic rights of a child. Nonetheless, birth registration in Nepal has not reached
a satisfactory condition as almost half the population's children are still
unregistered. There are various reasons behind not being registered. This could
include a lack of awareness regarding the importance of registration and geographical
complications to get to the offices etc. However, the Government of Nepal along
with Plan Nepal and UNICEF has started a campaign to make people aware of the
importance of birth registration.
The 1st International Conference on Inter-country adoption
took place on March 2007 in Kathmandu. This conference would lead to the ratification
of The Hague Convention on Inter-country adoption and adoption of national laws
and mechanisms to regulate in-country and inter-country adoption. In this quarter,
different governmental and non-governmental organisations published 155 adoption
notices. Adoption is currently a fiery issue as media researchers have published
cases of illegal adoption and the trade of children in the name of adoption.
Trade and trafficking of children is another burning
issue in Nepal. Studies reveal that 5-7 thousand children under age 16 years
are trafficked to India alone annually.
Every child has a right to quality education but the
government estimates that 13 percent of children in Nepal are not attending
school. According to the estimate by I/NGOs, one third of the population of
children of school going age are still out of school. Among the children, underprivileged
groups such as dalit, janajati children and girls are lagging behind in education.
Dropping out and pushing away from schools leads most of the children to leave
their education. Discrimination between sexes is illegal but the practice of
differentiating between them is still seen everywhere. Hence, the drop/push
out rates among girls is higher than that of boys.
Participation Articles 12-15 of CRC state the
principle of respect for the child's views and right to participate. This principle
defines children not as the passive recipients, but as actors contributing actively
to the decisions that affect their lives.
 A
book "Gore Ghari ko Sawai" written by Late Janak Prashad
Humagain is the enunciation of the incident at Sindhupalchowk
between the landlord and the tenant. The central character of
the poem 'Gore Gharti' is the tenant who is being exploited by
his landlord 'Thulaghare Mukhiya'.
First edition of the book was published in B.S. 2032
and the second edition is published by CWIN Nepal in B.S. 2064.
The poetic conversation between the characters of the
book describes the emotions of the oppressed through the character of Gore Gharti.
A twelve years work experience in the sector of land reform is amalgamated in
the book by the author giving it a genuine touch.
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