Edited by:
Sumnima Tuladhar
Sagar Raj Pradhan
Sabina Shrestha

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 7 July, 2007
 
TABLE OF CONTENTS

Editorial

Children are Zones of Peace

News clippings

CWIN in Action

The State of the Rights of the Child: Bi-Annual Update

Book on Spotlight

 

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EDITORIAL
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Natural Calamities and Children

Every year hundreds of children are caught in natural calamities. Natural calamities, like floods, landslides, and incessant rain starting with the monsoon season, result in injuries, death, and displacement of thousands of people every year.

According to the Ministry of Home Affairs and National Red Cross Society, the flooding and landslides that started this monsoon has claimed lives of 84 people, displaced more than 9,700 families, and affected as much as 48,000 families 9270,000 people in almost half of the country, 32 out of 75 districts. According to the data records of CWIN National Resource and Information Centre, the post monsoon floods and landslides have caused 30 child deaths (12 girls, 12 boys & 6 unidentified).

In addition, from January to July 2007, some 70 children (35 boys, 31 girls 4 unidentified) are reported to have died due to such natural calamities in different parts of the country. Natural calamities do not come unaided, but brings along many diseases including waterborne and communicable diseases.

Disaster Management in Nepal is very challenging because of its geographical difficulty and lack of good resourceful system. Humanitarian support and prevention of deterioration of situation of flood victims this year has been further hampered by the frequently organised strikes in the Terai region. Delayed responses in rescue efforts and humanitarian assistance have resulted in further deterioration of overall situation of children caught in natural calamities. There are problems persisting due to lack of medicines and proper medical facilities.

There are commendable joint efforts from different government, INGO/NGOs and UN agencies to provide needed humanitarian assistance to people in need. We hope children are given priority in distribution of any humanitarian assistance to prevent any further risk to their lives.

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PICTURE OF THE MONTH
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The picture is of a couple belonging to Malli (Dome) community. The bride is nine years old and bridegroom is twelve years old. They are said to get married quite later according to their tradition. The community has a tradition to engage children soon after their birth. If children do not get married sooner, it becomes an embarrassment for the family. Though the community is aware about the consequences of child marriage, they still practice it because of their custom.

 

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CHILDREN ARE ZONE OF PEACE
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YCL thrashes a boy

A sixteen year old Rohan Das Yadav from Raxaul was seriously beaten by YCL cadres. He was accused of stealing money amounting Rs. One Lakh owned by the Headmaster of Rastriya Primary School at Rupakot, Tanahun. According to him, YCL members beat him and gave electric shock. He was admitted to hospital after he vomited blood in the police station.

Source: Rajdhani, 18 July 2007

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NEWS CLIPS
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Hermaphrodite kid gets birth certificate

Bara District Development Committee issued a birth certificate to the child who has both male and female genitals. It mentioned 'both' and 'third gender' in the gender column for a five month old child of Madan Prashad Kurmi.

According to Sunil Babu Pant, director of Blue Diamond Society, Bara DDC issued the certificate to the child on June 27th 2007 following a written directive to this effect from the Ministry of Local Development. He added that this is certainly a matter of happiness and is a progressive step. The child was denied of birth certificate earlier due to occurrence of both the genitals. The parents who suffered due to social ostracism have moved to Kathmandu and knocked the door of the ministry.
In the letter sent on June 24th, the ministry asked Bara DDC to reserve the right of the child's parents to correct the gender and name of the child in the birth certificate if its gender is finally determined through modern medical science.

Source: The Kathmandu Post, 01 July 2007

Child denied of education in lack of birth certificate

Five-year-old Sundar Rai form Bala VDC, Sankhuwasabha District is denied of education since he has no birth certificate. His parents died when he was two years old and the villagers took care of him till the age four. Now he is staying at an orphanage at the district headquarter Khandbari under Matts Nepal.

Suman Adhikari from the orphanage had taken the child to Surya Boarding School but the Principal refused to admit the child without birth certificate. Chief District Officer (CDO) of the same district also ignored the issue saying distribution of birth certificate is not his concern.

Source: Naya Patrika, 03 July 2007

Itahari Declaration for child labour elimination

The District Child Welfare Committee Sunsari has expressed commitment to introduce concrete program soon as to resolve the problems of children compelled to survive a life labour. The commitment has been expressed in eight point declaration by the committee.

The commitment stated to operate skill-based and vocational programme for children and to introduce programme related to education and rehabilitation. The declaration set the provision that no responsible officials of Sunsari district would keep children as a domestic worker in own house following the release of declaration.

At a programme to release the declaration, Child Welfare Committee Chairman Chief District Officer (CDO) Prem Narayan Sharma expressed commitment to work to bail out of the problems of child labourers and street children with the separate package of programmed. District Justice Lila Prashad Gautam stressed on the need of running child court effectively and rehabilitation center. District Child Welfare Committee Officer Yogendra Giri presented working paper at the programme presided over by CDO Sharma.

Source: The Rising Nepal, 18 July 2007

Insurance for children at child care homes

All the children at child care homes must get medical insurance, according to the draft guidelines of operation of child care homes. The operating guidelines for child care homes 2060 is under amendment which will be finalised soon. According to Gyan Bahadur Lama from Kathmandu District Child Welfare Board, the guideline will focus mainly on the family reunion and health of a child. The current guideline has the provision to have normal health check up. The amended guideline will incorporate issues regarding health, nutrition and hygiene, child protection, report, physical infrastructure, psycho-social counseling, education, entertainment, sports etc.

The amended guideline will also incorporate immunisation which is missing in the current one. The amended guideline will make sure that deaths of children in child care homes have to be communicated to their families, relatives or the concerned people. It will also make sure that the personal history of a child will be kept safe and confidential for at least ten years and the amount needed for a child for at least three years has to be amounted in a bank.

Source: Annapurna Post, 31 July 2007

HIV kids in need of care

A concept paper on "Problems of HIV infected and affected children" was presented in a discussion program conducted by Conscious Media Forum. who said over 400 children in Accham are HIV infected. Similarly 300 women widowed due to HIV and AIDS who are in contact with Gonggotri, a local organisation there. In one of the wards of Jogbudha VDC in Dadeldhura, there are over three dozen dalit children in severe condition. The situation is not different in Kailai, while women's groups in Makwanpur have for long been advocating school enrolment for HIV infected children.

The presenter quoted that a study carried out by Save the Children during July- October 2004 stated 17,583 children migrated to India during that period. Speaking at the program, Dr. Padam Bahadur Chand, director of National Center for AIDS and STD Control (NCASC) said the infection which was preliminary common to sex workers turned out to be a greater problem when it spread to migrant workers. "When it is a great problem among migrant workers, it gives rise to HIV infected children".

Source: The Kathmandu Post, 09 July 2007

Study on child workers

At least 18,000 children, including a girl child, are working in the mechanical sector, according to a national survey conducted on child workers.

The survey conducted by CONCERN Nepal during 05-06 included 1003 child labour respondents working in this sector across 25 districts. It revealed that those workers refuse to quit their jobs before arrangement of any other alternative.

Children working in this sector are required to work with risky equipment and cope with uneasy working environments, the survey said.

"Neither the past governments not the NGOs have paid attention to the child worker's condition", said Bijaya Sainju, executive director of CONCERN. Majority of them are either internal migrants or migrants from India.

Source: The Himalayan Times, 02 July 2007

Teacher impregnates minor, disowns child

Worst forms of exploitation of children at workplaces are still rampant in the country. Anita Chaudhary, 15, a kamlahari child (bonded labour) of Sonpur VDC-6 who was working at the house of Madan Sharma, teacher in a local school, gave birth to a baby boy three days ago, allegedly due to the result of an illicit relationship with Sharma.

"Sharma established sexual relationship in October last year when I had gone to work at his house," Chaudhary revealed in front of media, lawyers and government officials. On that very day he told me to fetch drinking water to his bedroom and abused me, then after my menstruation stopped, she narrated.

Already a mother at this tender age, she now lives with her freed kamaiya parents after the alleged perpetrator denied having any such relationship with her.

Source: The Kathmandu Post, 05 July 2007


A child weighs two kilograms

Malnutrition has caused a two year old child weigh only two kilograms. Abhishek Pariyar, son of a couple from Tityang-6 Baglung is not able to eat and sit independently. He is admitted to Baglung District hospital for treatment.

According to the family members, they are ignorant of malnutrition. Since the child started loosing weight, they thought it might be due to discontinuation of breastfeeding. His mother gave birth to another child before he turned two years. Nauli Pariyar, grandmother of the child says that the family is poor and there is not sufficient food, let go the nutritious food.

As the child is getting treated, he can sit and started eating himself and he is gaining weight as well. The doctors say that he has to be hospitalised for few more days to recover.

Source: Rajdhani, 06 July 2007

Students migrate to earn for studies

Students utilise their summer holidays by migrating to the district headquarters. Children from remote Baglung and Pyuthan migrate to Tamghas in search of work.

Due to the financial constraints in the family, they come to the headquarters and arrange money for their studies. They work as labourers and cleaners in local hotels there. It takes around two days for them to reach the HQ where they spend the summer holiday for two months. They extend their stay for few more months up to dashain and plan to earn money enough for buying stationeries and school uniforms. According to Dilendra Gharti and Bhakta Lal Pun, they are paid seven hundred rupees a month as their salaries. However, the salary varies from Rs. 500- Rs. 1000.

According to the hotel owner Yubaraj Bhandari, there are around 200 child labourers there but most of them come for short period. They have the planning to earn not only for their studies but for their siblings as well, says Dhanishwor Gautam, who even bought stationeries and uniforms for those children.

Source: Kantipur, 02 July 2007.

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CWIN IN ACTION
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CWIN Bi-annual Review Meeting Held

CWIN Nepal conducted a bi-annual review meeting on 26th and 27th of July 2007. During the two days' meeting, bi-annual reviews of each department along with the plans for the coming months of the year 2007 were discussed. The meeting also worked towards reviewing CWIN's policies on child protection, Information, Communications and Media, Gender and Social Inclusion and Human Resource Development and Employment.

ADD Program Highlights

CWIN Nepal has initiated the advocacy program against use of drugs, alcohol and tobacco which is rampantly affecting children. Either by using themselves or seeing elders using these things, children are being affected. Hence, targeting students, teachers, adolescents, migrant workers, government and non-government office staff along with others, CWIN organised various programs through its ADD (Alcohol, Drugs and Development) program. A two day workshop on use of alcohol and tobacco and its effect on children was organised at Rukum; street drama performed at Pokhara which focused on glue sniffing among street children; a one day workshop on alcohol and tobacco and its negative impact on children at Pokhara were performed.

The major objectives for all the programs were to aware people about the negative effects of drugs, alcohol and tobacco. Children are getting into drug abuse very easily, hence advocating these issues along with the role of civil society in minimizing these situations was another issue to be focused.

School and a teacher penalised

Aman Mahaseth, a student of class nine at DAV Sushil Kedia Bishwo Bharati School was physically tortured because he attended school even after his name was removed from the register. Lalitpur District Court on 11th July 2007 decided to penalise Rs. 5000.00 to the teacher and Rs. 20,000.00 to the school and the amount will be compensated to the student.

CWIN Helpline along with other organisations INSEC, CVICT, CWISH, Kathmandu School of Law and Parents' Association jointly made effort to register the case on 8 October 2006 after the case was known to CWIN Helpline on 3 September 2006. The incident took place on 31 August 2006.

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STATE OF RIGHTS OF THE CHILD
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The State of the Rights of the Child in Nepal
Bi-Annual National Report

January - June, 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 forty 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.

During the period of January to June 2007, there were total 496 cases of violence against children, among whom 24 of them were physically tortured and 30 were mentally tortured. 157 children were rescued where 55 of them were child labours, 2 of them were orphans, 41 of them were from child care homes without basic health services, 30 were being tortured in various forms and two were missing children. 3 cases of domestic violence were recorded while 12 children had to suffer due to caste discrimination. 20 cases of murder were recorded while 5 others survived though they attempted murder. There are 10 cases of infant killing wile 91 of the children were sexually abused. Among those sexually abused children, 25 cases were reported to CWIN Helpline. 18 children were economically deprived while one child was found in trouble. There were 125 cases of corporal punishment during this period.

During this period, 51 children became the victims of conflict where 13 of them died and 27 were seriously injured. 11 children were abducted where 2 were abducted by JTMM and 9 abducted by Maoist. The total 10 cases of child suicide were also reported during this period where one of them attempted suicide. It is reported to have 71 children who were orphaned during this period.
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 in a year. During this period, 267 children were victims of various kinds of accidents, of which 159 lost their lives and 108 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. During this period, 74 children were affected by natural calamities of which 42 of them died and 32 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 period, 96 cases of trafficking were recorded where 20 of them were reported to CWIN Helpline. Among the trafficked cases, 20 of them were under sixteen years of age and fifteen of them were succeeded to return from being trafficked. The trafficked cases include 8 children who were returned from Indian Circus. 34 cases of child delinquency were reported where they were arrested in different robbery/ theft and pick-pocketing cases. There are even cases where children have to suffer due to their parents/ guardians being imprisoned. During this period, there are 20 cases of children in adult prison where 16 of these cases were reported to CWIN helpline. These children do not receive any extra assistance from jail authority and are in need of concrete support like education and shelter.

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. Along with the raise in numbers of street children due to displacement, the number of child labour are also raising alarmingly. Studies conducted by various institutions also have shown that these children are among the most vulnerable to exploitation. During this period, there are 83 cases of child labour exploitation.

The total number of missing children is recorded to be 755 where 674 of those cases were reported to CWIN Helpline. Among the missing children, 162 were found through CWIN Helpline.

Child marriage is illegal but the practice is still seen in some communities. This quarter 25 cases of child marriage were recorded.

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 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. There are even cases where deaths occur due to the negligence of medical professionals. During this period, 4 children died due to doctor's carelessness and 2 children died because of parents' ignorance.
Child health is a serious challenge to child rights and child development in the context of Nepal. In some cases deaths occur from curable diseases because of ignorance and negligence. During this period, 69 children died of communicable diseases like measles, diarrhea, pneumonia and Kal-azar where other 69 children suffered from unknown diseases of which 2 of them died. 472 children suffered from food poison among which 15 of them died and 401 were unconscious. 5 child deaths occur due to rabies and 6 cases of polio were discovered in children below seven years of age.
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 282 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. However, the Ministry of Women, Children and Social Welfare has declared to halt the procedure of inter-country adoption till the council of ministers decides on the issue.

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. There are numbers of child clubs, child right forums and children's group involved to promote active child participation which definitely is a positive way forward.

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BOOK IN SPOTLIGHT
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Children affected by armed conflict in Mid-western and Far-western Developmental Regions

A brief report on children affected by armed conflict in Mid Western and Far Western Developmental Regions (Madhyapaschim tatha Sudurpaschimka Sasartra Dwanda Prabhabit Balbalika, 2006) is published by CWIN in association with Save the Children Norway (SC-N) and European Commission for Humanitarian Aid (ECHO). This report provides data regarding death, accidents, detention, and abduction of children during the decade long armed conflict in Mid Western and Far Western districts of Nepal. The report also comprises data analysis of the incidents occurred in 2005 and 2006. The specified regions were among the most affected during the armed conflict and the hardest hit were children among others. Data provided in this report is based on newspaper survey, reports and articles published and provided by different organisations along with field visits and reports prepared by CWIN. Case studies of the incidents are also included.