2021 Findings on the Worst Forms of Child Labor: Nepal

Nepal

MODERATE ADVANCEMENT

2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

In 2021, Nepal made moderate advancement in

efforts to eliminate the worst forms of child labor. The

government published data from the 2018 Nepal

Labor Force Survey, which estimated that 1.1 million

children are engaged in child labor. Additionally, the

Ministry of Women, Children, and Senior Citizens

approved the Online Child Protection Procedure,

2021, to help curb online abuse of children. The

Nepal Child Rights Council also formed new Child

Protection Committees in 129 local governments.

In addition, the government repatriated 60 victims

of human trafficking and expanded access to education through The New School Education Plan. However,

children in Nepal are subjected to the worst forms of child labor, including commercial sexual exploitation and

forced begging. Children also perform dangerous tasks in producing bricks. Although the government made

meaningful efforts in all relevant areas during the reporting period, it does not meet international standards for

legal prohibitions against child trafficking and legal prohibitions against the use of children for illicit activities.

The law related to child trafficking is insufficient because it does not clearly criminalize recruitment, harboring,

receipt, or transportation in the absence of force, fraud, or coercion, and the law prohibiting the use of children

in illicit activities is insufficient because it does not prohibit the use of children in the production of drugs. The

Department of Labor’s budget, the number of labor inspectors, and available resources and training are also

insufficient for enforcing labor laws, including those related to child labor. Furthermore, the government did not

publicly release information on its criminal law enforcement efforts.

I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR

Children in Nepal are subjected to the worst forms of child labor, including commercial sexual exploitation

and forced begging. Children also perform dangerous tasks in producing bricks. (1,2) In 2021, the Government

of Nepal, along with the ILO, published disaggregated data on child labor in Nepal based on the Nepal Labor

Force Survey from 2017–2018. The report estimated that the total number of children engaged in child labor

was approximately 1.1 million, around 15 percent of the total children between the ages of 5 and 17 years. (2,3)

Of these, 200,000 children, or 3.2 percent, were engaged in hazardous work. Additionally, approximately 74

percent of children who were engaged in the informal sector were employed in hazardous work conditions, and

87 percent were engaged in the agricultural sector. (2,3) Table 1 provides key indicators on children’s work and

education in Nepal. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children’s Work and Education

Children Age Percent

Working (% and population) 5 to 14 37.2 (Unavailable)

Attending School (%) 5 to 14 91.7

Combining Work and School (%) 7 to 14 39.1

Primary Completion Rate (%) 120.4

Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2022. (4)

Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 5 (MICS 5), 2014. (5)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

Table 2. Overview of Children’s Work by Sector and Activity

Sector/

Industry

Activity

Agriculture Farming, including tending livestock and harvesting caterpillar fungus (yarsagumba) (3,6-8)

Industry Producing bricks, including loading and unloading of mules and donkeys (1,2,6,9-11)

Quarrying, collecting, and breaking stones,† and quarrying and collecting sand (6,12)

Nepal

MODERATE ADVANCEMENT

BUREAU OF INTERNATIONAL LABOR AFFAIRS

Sector/

Industry

Activity

Industry Construction,† activities unknown (2,3,6,13)

Weaving carpets† (2,6,13)

Producing embellished textiles (zari)† and embroidery (2,6,14)

Producing metal crafts† (15)

Services Domestic work (3,14,16,17)

Working in mechanical shops, including for cars and motorbikes† (2)

Vending, including as shop keepers, shop sales assistants, and tailors (3)

Working in transportation,† portering, and collecting recyclable waste (2,13,18)

Working in hotels,† restaurants,† tea shops, and in entertainment,† including as dancers† (2,6,19)

Categorical Worst

Forms of Child

Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (6,14)

Forced labor in embellishing textiles (zari), weaving carpets,† and domestic work (2,6,14,16)

Forced labor in agriculture, producing bricks, quarrying, and breaking stones† (2,6,10,14)

Use in illicit activities, including the cultivation and trafficking of drugs (2,6,7)

Forced begging (6,20,21)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.

‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Nepali women and girls are subjected to commercial sexual exploitation, sometimes as a result of human

trafficking, both within and outside Nepal, including to India, the Middle East, Asia, and Sub-Saharan

Africa. (6,22,23) Traffickers lure people from marginalized castes and ethnic minority communities. (6) They utilize

the porous border between India and Nepal to transport women and children for sex trafficking. (6) Among

134 human trafficking cases registered with the police in Nepal's fiscal year 2020–2021, 79 of the victims were

children. (24) Traffickers promise families work and education opportunities for their children but instead bring

them to under-resourced and unregistered orphanages in urban centers, where the children are subjected to

forced labor and forced begging on the streets. In addition, there are reports that some orphanages keep children

in destitute and unsanitary conditions to attract charitable donations from foreigners. (6,20,21)

The entertainment sector was closed intermittently during the reporting period due to COVID-19 pandemic-

related national lockdowns. Prevalence data to determine the number of workers affected in this sector, including

children, are lacking. (25) Research has indicated that thousands of children, some as young as age 11, continue to

be trapped in the country's entertainment sectors. Children are recruited from rural areas and trafficked to cities

by friends, relatives, and neighbors. (26) One study found that 17 percent of workers in the adult entertainment

sector are minors, and 62 percent of adult women in that industry started their work as minors, some as young

as 7 years old. (25)

Many children in Nepal are engaged in the production of bricks, which exposes them to hazardous working

conditions, including carrying heavy loads and using dangerous machinery. (1,6,26) There are an estimated 17,738

child laborers in the brick kilns of Nepal, with 15,400 of these children engaged in hazardous work. (10,27) While

most industries remained closed due to the pandemic, bonded labor continued in sectors such as agriculture and

domestic work. (2)

In April 2021, schools in Nepal closed again due to the second wave of the pandemic, and again in January 2022

due to the Omicron variant. (2,28-30) As of December 2021, many children had been out of classrooms for

almost 18 months. (2) School closures have led to continued disruptions of children's education in the reporting

year. (28) While the Government of Nepal implemented learning programs, including new alternative learning

methods, the establishment of an online portal, and broadcasting education programs through media channels, a

substantial number of children are expected to suffer from learning loss. Moreover, these disruptions have been

severe for children from rural areas with no access to alternative learning modalities. (2,28) This situation has

increased the risk of children being diverted from education to child labor, especially in rural and high mountain

Table 2. Overview of Children’s Work by Sector and Activity (Cont.)

Nepal

MODERATE ADVANCEMENT

2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

areas, where local resources are inadequate. (2) Children who began working during the first lockdown in

March 2020 continued to do so even after returning to school in early 2021. (29) The pandemic has further

amplified the economic hardship of people who lack financial resources. Those hardest hit have been daily wage

earners, women working in the entertainment sector, brick-kiln workers, and owners of small businesses. (24)

The UNICEF COVID-19 Child and Family Tracker has found that 50 percent of households in Nepal have lost

a source of income, and many families lack credit or savings to overcome these financial setbacks, putting their

children at risk of having to enter the workforce to support their families. (24) Research has indicated that most

children were found working in brick kilns, carpet factories, construction, and as vendors. (29)

Carpet factories are considered part of the formal sector, but many of the subcontractors working in the

informal sector use child labor further down the supply chain. Although NGOs believe that the number of

children involved in producing carpets continued to decrease, research was unable to confirm this claim. (12)

Some children, particularly girls, face barriers to accessing education due to a lack of sanitation facilities,

geographic distance, costs associated with schooling, household chores, and a lack of parental support. (12,31) In

Nepal, 32.4 percent of schools lack separate toilet facilities for girls, which can deter them from attending school,

especially when they are menstruating. (32,33) The government has introduced free sanitary napkins in all schools

across the country to encourage girls to attend their classes. (12) Barriers to attending school for school-age

boys include pressure to find employment, migration to work outside Nepal, and issues with drugs and alcohol.

Children with disabilities face additional barriers to accessing education, including denial of school admission. (12)

The government allows Bhutanese refugee students in grades 9 to 12 to attend local public schools at no

cost, but enrollment remains restricted for younger children. The UNHCR provides parallel free education at

lower grades to refugees in the two remaining refugee camps in the country. (2,34) Most Tibetan refugees who

live in the country, particularly those who arrived after 1990 or turned the age of 16 after 1995, do not have

documentation, nor do their descendant children. Even those with an acknowledged refugee status have no legal

rights beyond the ability to remain in the country. (2) Nevertheless, the government allowed NGOs to provide

primary- and secondary-level schooling to Tibetans living in Nepal. (34) In addition, more than 700 refugees and

asylum seekers from Pakistan, Burma, Afghanistan, Sri Lanka, Bangladesh, Somalia, Iran, Iraq, and the Democratic

Republic of the Congo are not recognized as having the status of refugees, but the government allows the

UNHCR to provide some education, health, and livelihood services to them. These refugees lack legal access to

public education, as well as the right to work. (2,6) Child refugees who cannot legally access public education, and

those who are of legal age to work but are not authorized to do so, are more susceptible to being exploited in

the worst forms of child labor.

II. LEGAL FRAMEWORK FOR CHILD LABOR

Nepal has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

Nepal

MODERATE ADVANCEMENT

BUREAU OF INTERNATIONAL LABOR AFFAIRS

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in

Nepal’s legal framework to adequately protect children from the worst forms of child labor, including lack on

prohibitions of using children in illicit activities.

Table 4. Laws and Regulations on Child Labor

Standard

Meets

International

Standards

Age Legislation

Minimum Age for Work Ye s 14 Section 3 of the Child Labor (Prohibition and Regulation) Act (35)

Minimum Age for Hazardous Work No 17 Section 3, 28(b) of the Child Labor (Prohibition and Regulation) Act (35)

Identification of Hazardous

Occupations or Activities Prohibited

for Children

Ye s Schedule 1 of the Child Labor (Prohibition and Regulation) Act (35)

Prohibition of Forced Labor Ye s Section 4 of the Bonded Labor (Prohibition) Act; Section 4 of the Child

Labor (Prohibition and Regulation) Act; Sections 2–4 and 15 of the

Human Trafficking and Transportation Control Act; Section 4 of the Labor

Act (35-38)

Prohibition of Child Trafficking No Sections 3, 4, and 15 of the Human Trafficking and Transportation Control

Act (38)

Prohibition of Commercial Sexual

Exploitation of Children

Ye s Article 66(3)(d) of the Act Relating to Children 2018; Sections 3, 4, and 15

of the Human Trafficking and Transportation Control Act; Sections 16(2) and

16(3) of the Children’s Act (38-40)

Prohibition of Using Children in

Illicit Activities

No Section 16 of the Children’s Act (40)

Minimum Age for Voluntary State

Military Recruitment

Ye s 18 Section 7 of the Military Service Regulation 2069 (41)

Prohibition of Compulsory

Recruitment of Children by (State)

Military

N/A*

Prohibition of Military Recruitment

by Non-state Armed Groups

No Article 39 of the Constitution (42)

Compulsory Education Age Ye s 14 Article 31 of the Constitution; Section 6 of the Free and Compulsory

Education Act (31,42)

Free Public Education Ye s Section 16D of the Education Act; Section 20 of the Free and Compulsory

Education Act;

Article 31 of the Constitution (31,42,43)

* Country has no conscription (42,44)

In 2021, the Ministry of Women, Children, and Senior Citizens approved the Online Child Protection Procedure,

2021, per Section 86(1) of the Children's Act. This procedure will help curb the online abuse of children, as

Internet access and digital technology in the country have expanded in recent years. (2,39,45)

The minimum age for hazardous work is not consistent with international standards because it does not prohibit

children age 17 from engaging in hazardous work. (35) Furthermore, the types of hazardous work prohibited for

children do not include brickmaking and stone breaking, sectors in which there is evidence that work involves

carrying heavy loads and being exposed to hazardous substances. (6,10,35,46) However, Nepal's National Master

Plan on Child Labor (2018–2028) has identified children working in brick kilns as targeted groups vulnerable to

hazardous child labor. (47,48)

The law related to child trafficking is insufficient because it does not clearly criminalize recruitment, harboring,

receipt, or transportation of children in the absence of force, fraud, or coercion. (38,49) In addition, the law

prohibiting the use of children in illicit activities is insufficient because it does not prohibit the use of children in

the production of drugs. (50) Nepal ratified the Palermo Protocol in 2020 and the Government of Nepal is in the

process of aligning its legal framework for human trafficking with international standards, including broadening its

definition of human trafficking and better addressing child trafficking. (14,51)

Nepal

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2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

III. ENFORCEMENT OF LAWS ON CHILD LABOR

The government has established institutional mechanisms for the enforcement of laws and regulations on child

labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate

enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency Role

Department of Labor (DOL),

Ministry of Labor, Employment, and

Social Security (MoLESS)

Enforces labor laws, including those involving child labor. (14)

Nepal Police, Women, Children

and Senior Citizens Service

Directorate

Investigates crimes involving women and children, including human trafficking. Operates under

the direct supervision of the Women, Children and Senior Citizens Service Directorate in all 77

districts. (52) Assists in children's rescue, rehabilitation, and coordination for arrest of perpetrators in

cases of the worst forms of child labor. In cases of hazardous child labor, coordinates with and hands over

cases to the DOL. (2,14)

Ministry of Land Reform and

Management

Enforces laws that prohibit bonded labor in agriculture. (24) The National Plan of Action designates the

Ministry of Land Management, Cooperatives and Poverty Alleviation as the lead ministry to form targeted

programs for children involved in forced child labor and their families, particularly in the agricultural

sector. The ministry has carried out awareness programs through the cooperatives at local and provincial

levels and is designated to align the poverty alleviation program for child labor elimination. (24)

Monitoring Action Committees,

Ministry of Women, Children, and

Senior Citizens (MWCSC)

Investigate reports of commercial sexual exploitation at the district level, including the exploitation of

children in the adult entertainment sector. (53) Contribute to investigations through the Helpline No.

104 and Child Helpline 1098. Provide temporary shelter to rescued children through the National Child

Rights Center and support operations of the rehabilitation center for children. (24)

Nepal police has a Women and Children Service Directorate, as well as functioning Anti-Trafficking in Persons

(TIP) Bureau, the latter of which was established in 2019. (54) Whether the Anti-TIP Bureau will become a

multidisciplinary unit and investigate cases against child labor laws or focus exclusively on trafficking crimes still

remains unclear. (2)

In 2020, Nepal established its first labor court to address labor-related issues under the 2017 Labor Act, including

child labor issues in certain circumstances. (55) While the Supreme Court compiles cases related to the labor

court, it does not disaggregate data regarding child labor. (8) Reports suggest that 123 labor-related cases

were filed in fiscal year 2020–2021. Research was unable to determine whether those cases were adequately

prosecuted or how many of those cases were related to child labor. (8)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Nepal took actions to address child labor (Table 6). However, gaps

exist within the operations of the Department of Labor (DOL) that may hinder adequate labor law enforcement,

including insufficient human resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement 2020 2021

Labor Inspectorate Funding $3,400† (14) $5,710‡ (8)

Number of Labor Inspectors 10 (14) 16 (56)

Mechanism to Assess Civil Penalties Ye s (37) Ye s (37)

Initial Training for New Labor Inspectors Ye s (14) Ye s (2)

Training on New Laws Related to Child Labor N/A (14) Ye s (8)

Refresher Courses Provided Ye s (14) No (8)

Number of Labor Inspections Conducted 1,421 (14) 1,830‡ (8)

Number Conducted at Worksite 1,421 (14) 1,830‡ (8)

Number of Child Labor Violations Found 15 (14) 16‡ (8)

Number of Child Labor Violations for Which Penalties Were Imposed 15 (14) 15‡ (8)

Number of Child Labor Penalties Imposed that Were Collected 15 (14) 15‡ (8)

Nepal

MODERATE ADVANCEMENT

BUREAU OF INTERNATIONAL LABOR AFFAIRS

Overview of Labor Law Enforcement 2020 2021

Routine Inspections Conducted Ye s (14) Ye s (8)

Routine Inspections Targeted Ye s (14) Ye s (8)

Unannounced Inspections Permitted Ye s (37) Ye s (37)

Unannounced Inspections Conducted Ye s (14,57) Ye s (8)

Complaint Mechanism Exists Ye s (14) Ye s (2)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services Ye s (14) Ye s (2)

† Data are for July 2019 to July 2020.

‡ Data are for July 2020 to July 2021.

The new Constitutional provision has marked Nepal's transition to federalism. (14,37) The provincial

governments have been given more authority, including the task of overseeing child labor monitoring and

inspection and maintaining data and documentation on inspections. (14,37) In 2021, the government began the

preliminary work of establishing information centers, including guideline preparation, at each local government

under the "Procedure on Establishment and Operation of Information and Records Center" for local levels. (8)

Reports indicate that child trafficking recordkeeping did not commence during the reporting period. (8) Due

to Nepal's transition to a new federal government, strong provisions for local monitoring bodies are not always

formed or functional. (58)

NGOs stated that the fines and employer-paid compensation outlined in the Child Labor (Prohibition and

Regulation) Act were not adequate deterrents to child labor violations. (14,32) The lack of human resources,

capacity, and training on labor laws inhibit robust monitoring to ensure full compliance with the labor laws, and

limit Nepal’s ability to take meaningful actions against perpetrators of child labor and its worst forms. Cases

are often resolved through negotiations, and the DOL encourages mediation over prosecution, resulting in mild

punishments for perpetrators. (2,49) In addition, business owners reportedly may pressure labor inspectors to

settle disputes outside court. (2) Furthermore, DOL officials and NGOs stated that officials are sometimes paid

to not move child labor cases forward, or parents are given nominal compensation to abandon cases. (14)

The government has also confirmed that it calls on NGOs to assist with official inspections and to increase

transparency because it lacks funding and resources. (14) Only a small portion of labor inspectors' responsibilities

include child labor inspections and inspectors have little experience conducting them. (2) The government and

NGOs state that more than 70 percent of child labor occurs in the informal sector, including in companies

with fewer than 10 employees and those that are not registered with the government. (6,14,15) However, the

government conducted most of its labor inspections in the formal sector and rarely conducted unannounced

inspections. (6) Reporting has suggested that government agencies continue to be reactive rather than proactive

in enforcing laws and preventing child labor. (2)

The number of labor inspectors is likely insufficient for the size of Nepal's workforce, which includes more than

16.9 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000

workers in developing economies, Nepal should employ about 1,133 inspectors. (59) Although the total number

of labor inspector positions in Nepal is 28, only 16 positions are currently filled. (2,56) The DOL noted that the

number of inspectors was still inadequate and limited the government's abilities to deal with child labor issues,

particularly at the local levels. (12,14)

Although labor inspectors periodically receive training on child labor laws and inspections, the training does not

necessarily adhere to any formal schedule. (60) During the reporting period, inspectors did not receive specific

training on laws related to child labor or hazardous child labor. They were provided with annual consultations

about different issues related to labor laws, including child labor. (2)

Table 6. Labor Law Enforcement Efforts Related to Child Labor (Cont.)

Nepal

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2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Nepal took actions to address child labor (Table 7). However,

gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law

enforcement, including insufficient allocation of financial resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement 2020 2021

Initial Training for New Criminal Investigators Unknown (14) Ye s (2)

Training on New Laws Related to the Worst Forms of Child Labor N/A (14) Unknown (2)

Refresher Courses Provided Unknown (14) Unknown (2)

Number of Investigations Unknown (14) Unknown (2)

Number of Violations Found Unknown (14) Unknown (2)

Number of Prosecutions Initiated Unknown (14) Unknown (2)

Number of Convictions Unknown (14) Unknown (2)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor Unknown (14) N/A (2)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services Ye s (14) Ye s (2)

The Nepal Police's Crime Investigation School conducts training for all levels of police personnel in juvenile

justice, child rights, and laws relating to child labor issues. (14) However, the government lacks both the human

resources and financial capacity to enforce laws prohibiting crimes related to the worst forms of child labor,

and it lacks the resources to maintain a centralized database of cases involving the worst forms of child labor,

including child trafficking. (6,14,15,61) According to some reporting, only those children in "worst case" scenarios

involving physical or sexual abuse were removed from exploitative situations. (2) The Nepal Police do, however,

collect and disaggregate data related to human trafficking cases. In fiscal year 2020–2021, there were 134

reported human trafficking cases involving 187 victims. (8,14) Of these, 80 victims were under the age of 18. (8)

The government does not publicly release information on its criminal law enforcement efforts. (14)

IV. COORDINATION OF GOVERNMENT EFFORTS ON CHILD LABOR

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in

accomplishing mandates.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body Role & Description

Child Labor Prevention and

Occupational Safety Section,

Labor Relations and Social

Security Division, MoLESS

Coordinates policymaking on child labor inspection guidelines and monitors implementation of

guidelines. (62) Consists of an Under Secretary, one section officer, and one factory inspector. (63) Confers

with the MWCSC, the Central Child Welfare Board, the DOL, and District Labor Offices. (62) MoLESS leads

an interagency working group against child labor headed by a Joint Secretary, which coordinates efforts

against child labor with UN agencies and international organizations working on child rights and child

protection. (63) The organization was active during the reporting period. (8)

Nepal Child Rights Council Coordinates and facilitates monitoring, evaluation, and reviewing of local child rights on the provincial and

local levels. (2,64) Chaired by the Women, Children, and Senior Citizens Minister and consists of 23 members

from the federal and local levels. (2,64) In 2021, the council successfully reunited 82 percent of registered

missing children with their families. (8) The council also rescued 355 street children, of whom 58 were engaged

in hazardous work, and provided protection and management. (8) During the reporting period, the council

formed new child rights protection and promotion procedures in 186 local governments. (2) The council also

formed new child rights protection committees in 129 local governments, with child welfare officers positioned

at 51 local levels. A local child fund was also initiated in 135 local governments around the country and the

child helpline was expanded from 12 to 18 locations in fiscal year 2020–2021. (2)

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Coordinating Body Role & Description

National Child Labor

Elimination Committee

Provides recommendations to the government on necessary reforms in the existing child labor laws and

policies under the Child Labor Act. (35,65) Administers consultations to the government to make necessary

arrangements for the health, safety, education, and occupational training of children working in institutions;

monitors effective implementation of policies and laws aimed at eliminating child labor. (35,65) The

committee is provisioned by the National Master Plan to End Child Labor and chaired by the Secretary of

MoLESS. (15) Due to the pandemic, the group did not meet during the reporting period, but the government

has initiated a Child Rights System at the local level. (2)

National Network Against

Child Labor

Coordinates the referral of children who are found in child labor to social services. (24) Consists of District

Labor Officers, District Women and Children Officers, officers from the Nepal Police Women and Children

Service Centers, Chief District Officers, NGOs, and thousands of youth clubs. (66) While research suggests

that the National Network Against Child Labor was active during the reporting period, research was unable to

determine their efforts and activities.

National Committee

for Controlling Human

Trafficking

Coordinates the implementation of anti-human trafficking laws, policies, and programs at the central,

district, and local levels of government. Led by the MWCSC and consists of government officials and NGO

representatives. (67) During the reporting period, the committee held orientation programs for elected officials

in different local government bodies. (8) The Government of Nepal successfully repatriated 60 victims of human

trafficking and provided services to 2,628 individuals under the committee's leadership. (8) The committee

conducted a midterm evaluation of the National Plan of Action. However, due to the pandemic, the group was

not able to produce any results on the National Plan of Action on Combating Trafficking in Persons or amend

the Human Trafficking and Transportation Control Rules. (8) The committee also organized several awareness

activities to commemorate the National Day Against Human Trafficking. (8)

National Human Rights

Commission (NHRC)

Carries out periodic reviews of relevant laws and publishes the annual trafficking in persons report in

coordination with government ministries. (8,68) The Social Inclusion and Gender Equality Division of the

NHRC monitors and receives complaints on child rights violations and continues to collaborate with

international organizations, NGOs, and other child rights organizations. (63) During the reporting period, the

NHRC worked to draw attention among stakeholders to violations of child rights. (8)

V. GOVERNMENT POLICIES ON CHILD LABOR

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder

efforts to address child labor, including updating existing policies to better align with the constitutional transition

to federalism.

Table 9. Key Policies Related to Child Labor

Policy Description

National Master Plan to End

Child Labor (July 2018–July

2028)

Prioritizes ending the worst forms of child labor by 2022, and all forms of child labor by 2025. (2) Established

an annual monitoring evaluation and reporting system through which information will be made publicly

available. (14,69) Includes a strategy to establish a child rescue fund to rescue children from difficult

circumstances, including child labor, and adopts a "zero-tolerance policy" against child labor, child trafficking,

and any forms of violence against children. (2) During the reporting period, the government drafted an action

plan for the elimination of child labor to facilitate the implementation of the National Master Plan to End Child

Labor, which aims to abolish the worst forms of child labor by 2025. (2,17,70)

The New School Education

Plan†

Expands access to education to all children, improves the quality of education, facilitates improved management

and governance of school education. The program will impact 8.2 million school-going children in Nepal. (71)

The New School Education Plan succeeded the former School Sector Development Plan, which was

discontinued in July 2021. (72) Overseen by the Ministry of Education, Science and Technology. (73) For fiscal

year 2021–2022, the plan emphasizes a pandemic response plan for school education and mechanisms to

reduce disruptions to children's learning. (74) The budget for the new plan is around $7.8 billion (953 billion

rupees) over 10 years and is set to take effect in the new fiscal year beginning in July 2022. (72)

National Plan of Action on

Combating Trafficking in

Persons, Especially Women

and Children (2011–2022)

Promotes and protects the rights of human trafficking victims and survivors, and outlines policies for providing

justice and punishing perpetrators. (65,75) The MWCSC prepared the Child Development Strategy, which will

include the elimination of child labor; however, details about the plan have not been released. (2)

† Policy was approved during the reporting period.

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (14,32)

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor (Cont.)

Nepal

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2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

The Fifteenth National Plan of Nepal (2019/2020–2023/2024) has incorporated ending child labor as one of its

objectives. It includes making necessary legal provisions to end all forms of child labor and increasing the target

number of inspections for child labor in each Nepali fiscal year, which begins and ends in July each year. (2,14,76)

The Ministry of Labor, Employment, and Social Security (MoLESS), with support from international NGOs, passed

the Child Labor Free Declaration Procedures for the Local Governments to identify and declare at least 50 local

jurisdictions to be free of child labor for the Nepali 2020–2021 fiscal year. These guidelines incorporated several

indicators, including a child labor survey and programs at the local level to eliminate child labor. (2) Through this

measure, the government set up an Emergency Fund at the national and local levels to rescue and rehabilitate

vulnerable children. (2) Additionally, in 2021, the Nepali government passed a new guideline that sets criteria for

municipalities and local governments to maintain a child labor-free workforce for which the government allocated

approximately $170,000 (20.7 million rupees). (2)

The Nepal Master Plan-II (NMP-II) has incorporated five strategies to eradicate child labor, including regular

search and monitoring, rescue, and rehabilitation. The NMP-II includes some indicators to ensure that inspections

are performed properly. (2)

Research has found that there is a need to update the National Plan of Action on Combating Trafficking in

Persons so that it better aligns with Nepal's anti-trafficking programming within the new federal structure, as well

as to better address forced labor. (21,53)

Nepal is a Pathfinder country under Alliance 8.7, which calls for the eradication of child labor by 2025,

and of forced labor, modern slavery, and human trafficking by 2030. (14,77) For the 2021–2022 fiscal year,

the Nepali government has allocated around $8,500 (1,000,000 rupees) for various activities that align with

Pathfinder goals, which includes aligning federal laws to streamline child labor policies federally. (2,78)

VI. SOCIAL PROGRAMS TO ADDRESS CHILD LABOR

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing

child labor (Table 10). However, gaps exist in these social programs, including the inadequacy to address the

problem in all sectors.

Table 10. Key Social Programs to Address Child Labor

Program Description

Social Security Fund

Program†

Helps support workers and their families through a tripartite contribution policy, an important initiative to help

combat and prevent child labor. (15,79) In the Nepali fiscal year 2020–2021, 2,492 new employers and 105,488 new

employees joined the program. Currently, there are 14,971 employers and 273,730 employees enrolled. (8) The

total number of contributions to the fund reached approximately $56 million (6.8 billion Nepali rupees) in 2021. (8)

There were 5,611 claims made during the fiscal year, amounting to $1.1 million (142 million Nepali rupees). (8) In

addition, in 2021, the government expanded the scope of the program by widening coverage for beneficiaries and

streamlining access to facilities provided, such as additional health coverage. This expansion was on top of an earlier

implemented credit scheme that provided easier access to loan services. (80,81)

Helpline and Hotline

Programs†

Child Helpline—1098 is an MWCSC and Child Workers in Nepal-funded helpline. (12) Responds to calls about

missing children, child abuse, child labor, child trafficking, and child sexual abuse in 13 districts and municipalities

in Nepal and Bangladesh, Bhutan, India, Maldives, Pakistan, and Sri Lanka. (82) During the reporting period, the

child helpline was expanded from 12 to 18 locations. (2) National Center for Children at Risk—Hotline No.

104 is a hotline operated from Vrikutimandap, Kathmandu, which is jointly run by the Central Child Welfare

Board and Nepal Police. (2,53) The hotline covers cases for 74 out of the total 77 districts in Nepal. (2) Per the

Nepal Police, four to five children on average are rescued from child labor every month from informal sectors,

such as transportation, domestic work, tea shops, and restaurants, through the complaints received through the

hotline. (49) "Hello Sarkar" is an initiative established by the Office of the Prime Minister. It receives child labor

complaints from the public through a hotline, Facebook, and Twitter. (15) According to the National Child Rights

Council, 15,644 children received protection assistance through the council during the 2020–2021 fiscal year.

Out of the 15,644 children, 10,348 received services through the 1098 helpline service. (2) Additionally, special

COVID-19 helpdesks for children's issues were established in 18 locations and provided services to almost 3,000

children. (2)

Nepal

MODERATE ADVANCEMENT

BUREAU OF INTERNATIONAL LABOR AFFAIRS

Program Description

Support for Schools† MoLESS program that supports schools for children ages 5 to 16 who are at risk of working in the worst forms

of child labor. Provides scholarships to cover associated schooling costs for children outside the Kathmandu Valley

to attend a local public school and works with local NGOs to verify that children are attending class. (7) In 2021,

an education sector analysis was carried out as part of the School Sector Development Program. The analysis

provided input for the New Education Sector Plan. (8)

Hamro Samman ("Our

Respect") (2017–2022)

USAID-funded project, implemented by Winrock International, to strengthen national and local efforts to counter

human trafficking, improve civil society advocacy and engagement, and increase private sector partnerships to

empower survivors and prevent trafficking of at-risk populations. (15,32,83) During the reporting period, Hamro

Samman and provincial partners formed 383 local committees for combating human trafficking. (84) Hamro

Samman worked with the MWCSC to create and apply an integrated human trafficking data system to monitor

human trafficking cases and support policymakers at the local level. (84)

USDOL-Funded Projects USDOL projects in Nepal focused on forced labor and child labor, including eliminating child labor in its worst

forms. These projects include Sakriya, a $2.85 million project implemented by World Education, Inc., and From

Protocol to Practice:

A Bridge to Global Action on Forced Labor (The Bridge Project), implemented in six

countries by ILO. (85,86) During the reporting period, the Sakriya project, along with its implementing partners,

identified and documented child labor, raised awareness on child labor, and undertook primary care management

initiatives to address child labor. (87) The Bridge project also continued to conduct livelihood interventions as

well as train and use civil-society networks to reach the most vulnerable populations in Nepal. (88) Additional

information is available on the USDOL website.

† Program is funded by the Government of Nepal.

‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (14)

Although Nepal has programs that target child labor, gaps exist in these social programs, including programs that

support child victims of commercial sexual exploitation and children working in the production of bricks.

VII. SUGGESTED GOVERNMENT ACTIONS TO ELIMINATE CHILD LABOR

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor

in Nepal (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area Suggested Action

Year(s)

Suggested

Legal

Framework

Ensure that laws are in line with ILO C. 182 by raising the minimum age to 18 for entry into hazardous

work.

2009 – 2021

Ensure that the types of hazardous work prohibited for children are comprehensive and include sectors in

which there is evidence of child labor, including brickmaking.

2015 – 2021

Ensure that the legal framework comprehensively and criminally prohibits the human trafficking of

children without requiring proof of the use of force, fraud, or coercion.

2015 – 2021

Ensure that the law criminally prohibits the use of children in illicit activities, including the production of

drugs.

2015 – 2021

Ensure that the law criminally penalizes the recruitment of children under age 18 by non-state armed

groups.

2016 – 2021

Enforcement Increase penalties to ensure sufficient deterrence of child labor law violations. 2015 – 2021

Ensure that legal provisions against child labor are implemented and enforced against perpetrators. 2018 – 2021

Ensure that the Department of Labor’s budget is sufficient to adequately enforce child labor laws. 2016 – 2021

Improve human resource capacity, including increasing the number of child labor inspections, especially in

the informal sector.

2018 – 2021

Strengthen the labor inspectorate, particularly at the local levels, by initiating routine targeted inspections

in all sectors and increasing the number of unannounced inspections rather than performing inspections

solely based on complaints received.

2017 – 2021

Increase the number of labor inspectors to meet the ILO's technical advice. 2010 – 2021

Institutionalize trainings for labor inspectors on laws related to child labor, including its worst forms. 2019 – 2021

Publish data on criminal law enforcement actions, including initial training for new criminal investigators,

refresher courses for investigators, and the number of investigations, violations, prosecutions, convictions,

and penalties imposed for violations related to the worst forms of child labor.

2009 – 2021

Table 10. Key Social Programs to Address Child Labor (Cont.)

Nepal

MODERATE ADVANCEMENT

2021 FINDINGS ON THE WORST FORMS OF CHILD LABOR

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Area Suggested Action

Year(s)

Suggested

Enforcement Provide additional resources to criminal law enforcement agencies so they are able to enforce laws

prohibiting crimes related to the worst forms of child labor.

2011 – 2021

Provide sufficient resources to create a centralized database to track and monitor cases of the worst forms

of child labor, disaggregated by type of activity, including labor court data related to child labor.

2009 – 2021

Coordination Ensure that all coordinating bodies are active and able to carry out their intended mandates. 2020 – 2021

Government

Policies

Update the National Plan of Action on Combating Trafficking in Persons, Especially Women and Children to

better address forced labor and align it with anti- human trafficking programming.

2018 – 2021

Social

Programs

Conduct research to determine the types of activities carried out by children, including in the construction

sector, to inform social policies and programs.

2019 – 2021

Eliminate barriers to education, including the lack of sanitation facilities at schools, long distances to

schools, fees associated with schooling, pressure to find work, migration to work outside of Nepal, and

issues with drugs and alcohol.

2013 – 2021

Enhance efforts to eliminate barriers and make education accessible for all children, including children with

disabilities and refugee children.

2019 – 2021

Create social programs that support all victims of commercial sexual exploitation and children working in

the brick industry.

2018 – 2021

Table 11. Suggested Government Actions to Eliminate Child Labor (Cont.)

Nepal

MODERATE ADVANCEMENT

BUREAU OF INTERNATIONAL LABOR AFFAIRS

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