Edited by:
Sumnima Tuladhar Abinash Rai
Hanna Ketola

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: 5 No. 4 April 2008
 
TABLE OF CONTENTS

 

Editorial

CWIN in Action

CWIN in News

Children in News

Press release

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EDITORIAL
[TOP]

Constituent Assembly Election concludes in a successful and peaceful manner [TOP]

The historic Constituent Assembly election formally concluded on Thursday (April 10, 2008) with a very encouraging turnout of voters. During the voting process not a single violent incident was reported in the Kathmandu Valley which has in total 15 constituencies - ten in Kathmandu, three in Lalitpur and two in Bhaktapur district.


As a whole, from the perspective of child rights Constituent Assembly election was concluded in a peaceful manner, except for few incidents. Different political parties used children for various purposes in the election process (before, during and after election). Major political parties had included issues of children in their manifestos, pointing out that children constitute almost half of the nation's population. Still, many examples of violating the code of conduct by using children took place during election.

Most of the political parties used children in publicity campaigns and victory rallies and for casting votes for their parties, even though they had repeatedly committed not to use children in any process of Constituent Assembly election against children's' best interest. In this way, most of the political parties violated code of conduct Article 23 of Election Commission.

There has been an increment in the awareness on the use of children among the public. During monitoring on the Election Day no violence, affecting children, was reported. In comparison to past election, this year fewer children were used for foul voting. However, many children were used as volunteers by political parties and Election Commission in different district for giving drinking water to the voters, helping voters to stand in queue, search the voter's name on the list and put the ink on voter's thumb. In some districts children also cast their votes. In some districts children's names were on the voter's list whereas in other areas children cast vote in the name of adults and dead parents.

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CWIN IN ACTION
[TOP]

Press meeting on "Protection of Child Rights in Constituent Assembly Election" [TOP]

On April 2, 2008, CWIN-Nepal organized a press meeting on "Protection of Child Rights in Constituent Assembly Election" with media people and journalists in Kathmandu. There were altogether 36 media people and journalists from various media and newspaper agencies. In the program Tarak Dhital presented a concept paper on the topic and Sumnima Tuladhar briefed the audience about the state of Rights of Child (SOROC) 2008 in Nepal which was released on the same date.

The program covered issues related to the use of children by political parties during election campaign, analysis of issues of children in Constituent Assembly manifestos of major political parties and report on state of the Rights of the child 2008. Journalists were provided with press statement, SOROC report, list of issues of children in Constituent Assembly manifestos of major political parties, an analysis of these issues, election campaign leaflet and the publication 'Children in new Constitution' (Naya Sambidhan ma Balbalika). Also glimpses of children being used in Constituent Assembly election, which had been covered by some newspapers, were put up.

A Press Statement on Constituent Assembly election and child protection was issued by CWIN-Nepal during the press meeting. In the press statement CWIN appealed all concerned stakeholders like parents, political parties, Election Commission, Election observers, media government and security forces to fulfill their duty to protect children from negative effects caused by election activities as it is necessary to build new culture of child rights in the process of building New Nepal.

CWIN-Nepal Campaign on Child Rights during Constituent Assembly election [TOP]

In 2007 CWIN-Nepal launched a national campaign entitled "Let's build New Nepal with Children". During the campaign CWIN organized series of consultations with various stakeholders, including political parties, children's groups, civil society and organizations, where it presented a concept note on "Children and Constituent Assembly". The seven main political parties also signed a pledge to address children's issues in the course of Constituent Assembly election. Outcome of the consultation was published and disseminated to all concerned stakeholders. In addition, CWIN published a booklet which listed the issues of children that should be addressed by the new constitution of Nepal.

In 2008, CWIN-Nepal started a national public campaign with the main slogan "Let's not use children during Constituent Assembly election". The main focus of the campaign is on the protection of children from any risk situation during the Constituent Assembly election.

For the campaign, CWIN-Nepal published and disseminated seventy thousand leaflets to all the political parties and public with an appeal: "Let's not use children during Constituent Assembly election". CWIN-Nepal formed a core group of staff to be mobilized for the campaign. The group went to various mass gatherings of different political parties and disseminated leaflets. Similarly, CWIN volunteers received orientation on Constituent Assembly election campaign and were mobilized for the campaign. The CWIN-Nepal campaign reached to 30 districts including CWIN office branches in 10 districts. Moreover, leaflets on protection of children were disseminated via e-mail to 5000 individuals and. all District Child Welfare Boards (DCWBs) in all 75 districts. On CWIN's special request to Election Commission, PSA (issue of not using children in the elections) was broadcasted through radio and FMs frequently.


CWIN-Nepal report on Constituent Assembly Election and Child Rights monitoring [TOP]


April 22, 2008 (2065 Baisakh 10)
Kathmandu

Background

In 2007 (2063 Bhadra 21), in the context of building new Nepal after the peace agreement, CWIN launched a national campaign entitled "Let's build New Nepal with Children". .CWIN organized discussion programs and consultations with various political parties and brought forward the issues of Children and Constituent Assembly.

CWIN raised the issues of children during a discussion program organized by Election Commission on the draft code of conduct 2063 for Constituent Assembly member election. CWIN together with CZOP National campaign (Common campaign of organizations working in children's sector) had submitted memorandum on incorporating issues of children in Election code of conduct. For the first time, the demand not to use children during election was incorporated into the code of conduct. Moreover, CWIN requested the political parties to give priority to children's issues in their manifestos.

CWIN organised various awareness programs and campaigns in coordination with political parties, civil society, community and DCWB through its branch offices, demanding not to use children in processions, rallies, mass gatherings, or in foul voting through illegal means such as intimidation, threat or lure.

In the context of Constituent Assembly election, the matter of child protection and the need to prioritise children's issues in the Constitution of new Nepal were once again topics of discussion. Regarding child protection, the code of conduct of the Election Commission, the Article 23, 2064, clearly stated: "No children should be made to participate in procession, rally or mass meetings and/or be involved in campaigning or any kind of election related activities". Likewise, all the political parties had included issues of protection and development of children in their manifestos.

In the agility of Constituent Assembly election, CWIN-Nepal monitored the activities regarding use of children and incidents of violation of child rights through child rights perspective before, during and after election.

As a whole, from Child Rights perspective Constituent Assembly election was concluded in a peaceful manner except for few incidents; different political parties used children for various purposes in the election process (before, during and after election). Major political parties had pointed out that children constitute almost half of the nation's population and had included children's issues in their manifestos. Nevertheless, many examples of violating code of conduct by using children for election activities were seen during the election.

This brief report has been published on the information collected during Constituent Assembly monitoring throughout the country.

Districts monitored by CWIN

CWIN-Nepal observed in different areas in coordination with NEOC, KEOC, JEOC, DEAN and NEMA during Constituent Assembly election. CWIN observed in Morang, Sunsari, Makwanpur, Parsa, Chitwan, Baglung, Dhading, Tanahun, Hetauda, Kaski, Rupendhehi, Banke, Rukum, Rolpa, Salyan, Dolakha, Sindhupalchowk, Kavre, Nuwakot and in 15 constituencies - ten in Kathmandu, three in Lalitpur and two in Bhakapur district. In addition CWIN on its own initiation monitored on Child Rights violations before, during and after election in the above mentioned districts.

Use of children during Constituent Assembly election

Most of the political parties used children in publicity campaigns, casting votes for their parties and victory rallies, even though they had committed on not using children in any process of Constituent Assembly election against their best interest. Likewise, most of the political parties violated code of conduct Article 23 of Election Commission.

There has been an increment in the awareness on the use of children.. During the Election Day monitoring, no violence affecting children was found. In comparison to past election this year the fewer children were used for foul voting. Nevertheless, many children were used as volunteers by political parties and Election Commission in different districts for giving drinking water to the voters, helping voters to stand in queue, search the voter's name on the list and put the ink on voter's thumb. In some districts children also cast their votes. In some districts children's names were on the voter's list whereas in other areas children cast vote in the name of adults and dead parents.

  • Children below 12 years were used as speakers by major political parties during mass gatherings, according to the news published in different National Daily newspapers. Similarly, various political parties used children in publicity campaigns and cultural programs.
  • According to the representatives of National Election Observation Committee (NEOC), most of the major political parties used children in rallies dressed in T-shirts and caps displaying party's logo and carrying party's flag in Saptari, Parvat, Siraha, Nawalparasi, Arghakhanchi, Dhanusha, Achham and Banke districts.
  • Some parties used children above 14 years as volunteers.
Most of the children above 14 years cast their votes in Kavrepalanchowk constituency no. 1. According to 15 year old boy, many children below his age cast their votes in the same booth as him. He knew that according to child rights, children below 18 years should not cast vote. However, he cast his vote out of family pressure. He said: "first I was in fear and terror while casting the vote, but when I saw other small children also casting their votes I was not frightened anymore". He further said that nobody (representatives of political parties and staffs of Election Commission) stopped him casting vote. He said "Children were casting their votes, no one complained about it". He also told that "I was happy there will be no more violence or that the violence will end in the country after voting".

Children around 10-11 years cast their votes in Taramarang booth of Sidhuplachowk constituency no. 3. All the voters whose names were on the list were given the permission to cast vote in parties' agreement. But the staffs deployed by Election Commission and election observers helplessly watched children casting votes as their names were on the list. No one showed concern while 14 year old boy cast vote in the name of his dead mother (38 years). In that particular booth more than hundred children, between 10-11 years, cast votes. But all these children's names were on the list. In that booth voters were allowed to cast vote without any identity card, and children were used as volunteers.

15 year old boy went to see election at polling booth with his father in Katakuti, Dolakaha. His name was also in the voter's list. He was extremely terrified while casting vote. He said "But what to do? Everyone asked me to vote so I voted".

Similarly, before the Election Day students of class 8 and 9 aged around 15-16 years walked in a group (10-15 in a group) with sticks in their hands. That group was giving psychological pressure to the voters standing far from polling booth on Election Day as their names were not in the list.

The political parties used many children in mass gathering, rally, cultural programs, publicity campaign and door to door campaign in Dolakha constituency no. 1 and 2.


In Tanahun constituency no. 2, 15 year old girl was used as volunteer in Janajukta Shahi Secondary School polling booth where she was studying.


Avenues television showed children of Birgunj, Parsa casting their votes during election.

Why was no concern raised and why were the children voting not stopped?

  • It was found that in the hope of getting more votes for their parties different political parties had already made an agreement.
  • There was also an agreement between the political parties on a practice of casting vote if one's name was on the voting list and often children voted if no one clamed the name on the list.
  • Election Commission could not take any action if petition was not put in the Commission.
  • Apart from Kathmandu, in other districts voters didn't have to show identity card: only name and address in the voter's list was enough. This made it easy for children to cast votes.
  • Similarly, many children's names were on the voter's list, their age presented as over 18. Different political parties and parents used children for gaining a victory. In the village polling booths Children cast their votes freely as there were fewer observers present, and they did not observe for e long period.

The effects of use of children in the process of voting by children

  • Children can be in unexpected risk when they are asked to cast their vote, if somebody puts complaint against them.
  • Children can face threat, fear and terror resulting to psychosocial problems.
  • Children can learn the culture of impunity, by which their moral development can be affected.
  • Children can become direct victims of violence provoked by the illegal voting.

Suggestion

  1. The political parties should be aware of not putting children's name on the list while collecting voter's names. They should be committed on not writing children's names. For the process of collecting voter's names, Election Commission should develop a structure of cross-checking. .If children's names are found or suspected to be on the list, there should be a structure in place which enables to investigate such cases.
  2. There should be clear commitment from the part of political parties not to use children in election publicity campaigns and this commitment should be implemented in practice. The practice of taking immediate action against the use of children should be started by Election Commission.
  3. There should be an amendment on how to regulate the actions to be taken in case there is a complaint of children being used by Election Commission and Election commission should also develop a system of taking action through published news or information received through their own resources.
  4. The system where political parties agree on casting vote without age being mentioned on voter's list needs to be abandoned.
  5. The cross-checking of cases where voters are suspected to be under age needs to be developed. The practice of checking identity card according to the need should be strongly implemented.
  6. The Election officer and staffs should be aware of the use of children.
  7. Parents and guardians should be aware and actively stop the use of children.
  8. Children themselves should not participate during publicity campaign and voting and should be aware that they could be used by others.
  9. Individuals and organizations monitoring the election should focus also on monitoring the use of children.
  10. All the concerned parties should be made aware of the use of children and take action to end the system where children are used for forged and illegal activities affecting their physical and mental development.

CWIN Nepal wants to stress that children's issues should be given equal importance amongst other political, economical and social issues, as children constitute almost half of the nation's population. We also appeal all the concerned parties to ensure child rights in country's new constitution and valuable participation of children in the process of making new constitution.

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CWIN IN NEWS
[TOP]

CWIN urges parties not to use children in publicity campaign [TOP]

Child Workers in Nepal Concerned Centre (CWIN-Nepal) urged different political parties not to use children for election publicity. Addressing the audience at a press meeting, Tarak Dhital from CWIN noted that the political parties were violating the election code of conduct and were using children in their election programs. He added that children were at risk the election related violence having increased in the recent days. "The political parties should not involve children for publicity," he stressed. He said that also the media should pressurize the political parties to protect the rights of children and remind them not to involve children in garnering votes. CWIN-Nepal asked the election observation bodies to monitor the involvement of children in election campaigns. What is more, CWIN-Nepal released 'Status of Children's Rights in Nepal -Annual Report 2008' during the program. According to the report CWIN collected a total 8,800 events relating to child labour and child modalities. A total of 184 children were directly affected from the political conflict and out of them 21 children died, 15 were kidnapped, 39 injured and 7 displaced. According to the report a total of 127,000 children were working in risky conditions while 33 were taking shelter in the jail with their parents. Total 40 reports related to child marriage published in different media this year. Sumnima Tuladhar said that some children's homes had not fulfilled the basic criteria and children were exploited.

Source: The Rising Nepal, April 03, 08

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CHILDREN IN NEWS
[TOP]

Women, kids vulnerable to TB [TOP]

The occurrence of tuberculosis is high among women and small children according to doctors. Devendra Bahadur Pradhan, chairperson of Nepal TB Control Centre said the incidents of TB are increasing in small children and women, since the TB bacteria infect weak persons and children easily. Speaking at a program organized by Community support and Development Program, with the support of Nepal TB Control Centre, the chairperson said TB was an airborne infectious disease that can settle anywhere in the body and damage our organs like throat and bones, not only lungs.

Source: The Himalayan Times, April 2, 2008

Children used in rally [TOP]

Central Child Welfare Board (CCWB) reported children being used by most of the political parties during publicity campaigns and victory rallies. According to Dharma Raj Shrestha, executive director of CCWB, the monitoring teams reported political parties using children for publicity campaigns throughout the country. Major political parties Nepali Congress, CPN-UML, CPN-Maoist, Janamorcha Nepal and Rastriya Prajatantra Party used children in activities like mass gatherings and rallies. During the monitoring CCWB pledged the candidates and representatives of political parties not to use children and to respect Child Rights. Furthermore, the monitoring teams reported children being used as volunteers in polling booths, and being involved in victory rallies of the candidates and parties. The detailed report will be prepared and submitted to Election Commission.

Source: Rajdhani, April 17, 2008

Children in prison [TOP]

48 children below 5 years of age are living with their parents in 18 jails of different districts. The parents have been convicted and as a result the children have joined them in jail. Practically children live like the common prisoners, despite the law clearly stating that children above 2 years are to be kept in child protection homes. The head of prison management department, Sthaneshwor Devkota argues that small children cannot be separated from their parents and that the prisoners refuse to send their children in child protection homes. The department has made an agreement with child protection home in Sifal, Kathmandu. Moreover, Devkota noted that Children above 5 years of age are found in prison, even though prison management department claims that those children are in child protection centres. The government has provided facilities to those children similarly to other prisoners. Food items are provided according to age: 100 grams rice and Rs. 10.00 for the children between 7 months to 1 year; 150 grams rice and Rs. 10.00 for the children between 1 year to 3 years; 200 grams rice and Rs. 10.00 for the children between 3 years to 5 years; 250 grams rice and Rs. 10.00 for the children between 5 years to 7 years; 450 grams rice and Rs. 10.00 for the children between 7 years to 12 years. The children also receive 2 pairs of clothes like other prisoners. However, there are no such facilities for the children aged below 7 months.

Source: Naya Patrika, April 17, 2008

Children in brick kilns [TOP]

In the surrounding areas of Bardiya head-quarter, Children of economically backward families are working in brick kilns and drop out from school, most of them after completing only the primary level. Children below 16 years are doing dangerous work in brick kilns, approximately 105 children working under risky circumstances in Pandey Construction, Pandey Brick and Himali Brick factoties near Gulariya areas. Likewise, children from economically poor background in Mathura, Haridwar, Aashapurwa, Parasiya and Gulariya municipality are compelled to work in brick kilns after completing primary level school.

District Education Office (DEO) announced that the children of economically backward families have not left school. District Education Officer Ram Prasad Upadhaya claimed that the children are working during holidays. Furthermore, he argued that instead of being deprived of schooling, initially all the children come to school. However, some of them in their cupidity of receiving money are not able to complete their studies. In contrast, children working in brick kilns say that due to weak economic condition they are not able to go to school. A 13 year old boy working in brick kilns noted: 'Having interest going to school is not enough; I am working because there is no money for my education'. Moreover, he said that with his income he is able to support the family. Children receive wages of Rs. 100.00 every day for making 500 bricks and taking out bricks from furnace. There is provision made by government that children should not be used in hard and dangerous work.

Source: Naya Patrika, April 17, 2008

School enrolment campaign starts [TOP]

This year's nationwide school enrolment campaign, seeking to ensure quality education for children across the country, started from April 16, 2008. According to Mahashram Sharma, the director of the Department of Education (DoE), the campaign will run for three weeks aiming to increase primary level school enrolment country wide. The government has been carrying out the campaign for the past five years in order to meet the target of 'Education for All' by 2015. Although the campaign focuses on primary level education, this year's program named "Alternative Education Programs" has provisioned special coaching classes to over-aged students who have dropped out of school.

Source: The Kathmandu Post, April 17, 2008

Four kids go missing every day in Valley [TOP]

As many as four children on an average go missing each day in the Kathmandu Valley, according to statistics provided by an agency. According to National Centre for Children at Risk (NCCR), approximately 28 to 33 children are reported missing every week in various parts of Kathmandu Valley. Most of these children belong to families hailing from outside the Valley. Statistics gathered by the NCCR said over 3,000 children, including 1,000 from outside Kathmandu Valley, had gone missing in the past one year. Of them, only about 1,700 children were found, whereas 500 cases were left untracked as adequate details were not available.

The NCCR was established on December 8, 2006, in the wake of growing instances of child kidnapping in Kathmandu Valley. Ministry of Information and Communications, Nepal Police, Social Welfare Council, Federation of Nepalese Journalists, Nepal Red Cross Society, UNICEF Nepal, Association of International NGOs and various child rights NGOs have been working in coordination to help tracing missing children across the country.

Sharmila Thapa, program officer at the NCCR, said that in some cases the NCCR was not informed after missing children were found. "A total of 36 families in Kathmandu are presently in regular contact with us for a follow up," she said. According to Police Inspector Malati Shahi, chief of NCCR, the missing children in the Valley are aged between three and 16 years. Most of the children over 10 years of age have been forced into some of the worst forms of labour, or made to face different other forms of exploitation, including sexual exploitation. Inspector Shahi argued that carelessness from the part of parents or guardians is the main reason why children go missing. "Children are also found fleeing their homes due to poverty and family conflicts," she added.
Source: ekantipur.com, April 18, 2008


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PRESS RELEASES
[TOP]

Press release

March 30, 2008

Let's stop the use of children regarding election [TOP]

The issue of child protection has become urgently important as the Constituent Assembly Election is approaching and the political activities are increase. Article 23 of the Election Code of Conduct clearly states that: "No children should be made to participate in procession, rally or mass meetings and/or be involved in campaigning or any kind of election related activities". Likewise through their manifestos, the political parties have given emphasis to the protection and development of children. The political parties have already committed to the principle of "Children are Zones of Peace". Despite these commitments, children are used in processions, rallies, meetings and involved as volunteers and speakers for the parties' interest. The use of children for achieving political goals is unjustifiable and goes against Child Rights.

CWIN-Nepal condemns such activities and pleads the political parties not to use children in the future. Instead we urge the parties to implement their commitments and respect the Election Code of Conduct.


Press release
April 2, 2008

Constituent Assembly Election and the issue of Child Protection [TOP]

In the context of an important historic Constituent Assembly Election the political activities are increasing. Most of the parties of the society are showing their concerns upon the political activities and the phase of New Nepal is very near. However, deplorable and violent incidents like fighting among cadres of political parties during the election campaign and the recent bomb blasts pose challenge to holding the election.

The Election Code of Conduct 2064 has been issued with consent from all political parties to make the election well organised and acceptable. Article 23 of the Election Code of Conduct clearly states that: "No children should be made to participate in procession, rally or mass meetings and/or be involved in campaigning or any kind of election related activities". Nevertheless, major political parties are violating this code of conduct. In this context, the issue of child protection has become very important. All the concerned stakeholders in the society should be alert and active in protecting children. The role of media, which is observing the election activities closely, will be essential in this. Accordingly, it is necessary to publicise the incidents of Code of Conduct violations and put continuous pressure to political parties for correction.

We request all to protect children from negative effects caused by election activities. It is also necessary to build new culture in favour of Child Rights in the process of building New Nepal. We appeal all to fulfill their duty to protect children, adopting the following measures:

Children:

Children should be aware of Constituent Assembly Election and issues of children to be addressed by Constituent Assembly. The views of children should be respected in the process of building New Nepal. However, children should be aware that people with vested interests can misuse them and put them in risk.

Parents:

Parents should protect their children making them aware of possible harm and misuse of their children for any election activities. Parents should be alert of any violent incidents that may take place in order to protect their children.

Political parties:

Children must not be used in any activities related to election campaign by political parties. They have responsibility to follow the Election Code of Conduct and translate their commitments with regards to protection of children's rights into action.

Election Commission:

Special attention, monitoring and reasonable action should be taken to pursue the Article 23 of Election code of conduct. The issue of children should be given priority during election awareness campaign.

Election Observers:

Election observers should observe the use of children by the vested interest groups to fulfil their political goals, and monitor the activities that affect children directly before and also after election.

Media:

Media should be more alert, collect facts and publicise the incidents of use of children in the election and child rights violations, and put pressure to concerned parties to respect child rights

Government and Security force:

They should take immediate action mobilising local structures regarding any incidents of Child Right violations which may take place during the election. Moreover, they should give priority for the protection of children from any incident.