Child Centered Universal Periodic Report
19 Jul, 2020
A stakeholders III cycle report of the consortium of 47 Child Service Organizations: CZOP, Organization of 14 Child Rights Networks organizations, 7 development partners and other stakeholders for promotion of child rights protection in Nepal.
CSO - Civil Society Organizations
CWD- Children With Disability
CZOP - Children as Zones of Peace National Campaign
EU - European Union
NACG - National Action for Coordination Group
NHRC - National Human Rights Council
NHRI - National Human Rights Institutions
PWD - People With Disability
UN - United Nations
UPR - Universal Periodic Review
The United Nations (UN) has a specific interactive mechanism termed as Universal Periodic Review (UPR) mechanism to discuss human rights situation among its member states. The UPR mechanism shares exemplary practices undertaken by member states and recommends the policies for promotion of better human rights situations. During the second cycle of 2015 hearing, Nepal accepted 152 recommendations from a pool of 193 recommendations; almost a third of those were for the enhanced protection of human rights. Most of these recommendations are incorporated within the new constitution. However, within the context of policy implementation and legal provisions and programs, various steps yet need to be taken. Within this context, Children as Zones of Peace National Campaign (CZOP) - a coalition of 47 Child Service Organizations (CSO), coordinated a national workshop more than a dozen child rights protection advocacy organizations and 7 development partners to promote child rights protection.
CZOP initiated to bring 14 CSO networks on board to write UPR stakeholder joint report from Nepal. Action plan was developed for the provincial consultation, thematic consultation with children, CSO and other stakeholders along with an expert group meeting. These consultations were conducted at the provincial level with CSO representatives, parents, human rights defenders and other stakeholders. The plan included the separate and compartmentalized consultation among two groups: children with disability and children needing special protection. Participants from 66 districts and all seven provinces took part in this process. 1
Recommendations and output from the provincial consultation workshop, thematic consultation Children With Disability (CWD) , home-cared and minority children have been incorporated.. CZOP facilitated the workshop of consortium of national level stakeholders, provincial child representatives, children from the minority group and sexually abused children. Mr. Narendra Dangol - Chairman of CZOP during his speech stated that 'this workshop was organized on behalf of civil society to offer recommendations based on fact based reports.' Furthermore, he also mentioned that 'National Human Rights Commission would extensively include children’s protection issues in the National Human Rights Institutions (NHRI) s reports.' The chairman also expressed gratitude to all participants working together on the report.
CZOP led child centered UPR coalition organized workshop at local, provincial and national level within four frameworks of: children rights and implementation status, development, protection and survival. During the working session of this workshop, various issues and agendas relating to child rights protection were discussed within the stated framework. Various participants contributed with their insightful discussions.
Assistant prof. Kapil Aryal, emphasized on importance of special support system for children since this group is highly vulnerable to abuse, exploitation, neglect and discrimination yet their issues are often overlooked. He stressed on the extension and strict enforcement of safety net and protection by the government since these issues are overshadowed. Another participant, Mr. Sudip Pathak, a member of the National Human Rights Commission (NHRC), pointed out the necessity of uniformity (in policy and practice) at all three levels of government: federal, provincial and local. He also stressed on the importance of non-governmental organizations in terms of changing the prism with which people with disability are socially viewed via different means.
Workshop participants pointed out that the current act in the Constitution of Nepal has prioritized the physical disability over other forms of disability such as social or psychological disability. The nature of disability can be of multiple nature; hence the 'disability' clause of the constitution could be expanded to include other forms of disability. Education among parents about the safety net available for disabled children was also pointed out as an issue.
Gauri Pradhan, former commissioner of NHRC, recommended the expedition and proper allocation of resources: both human and financial as well as adequate implementation mechanism at all levels of government. Next, he critically argued that proper plan and policy, based on solid research for proper policy choice can help in achieving the desired outcome. He further noted that Nepal government is not yet the signatory of the UN Optional Protocol- 3, that could aid in extension of children's rights. Affirmation for working towards better child rights can be exhibited by the Government of Nepal by signing this protocol.
The issue of lack of proper coordination within the various institutions of government was pointed out by Mr. Anup Raj Sharma - Chairperson of the NHRC. He expressed his concern over the national report being prepared by the Government of Nepal without consultation of enough stakeholders. Importance of wider discussion and acceptance among the stakeholders was argued as an important aspect of the report prepared by the government.
Other participants such as Krishna Chandra Acharya - President of National Action for Coordination Group (NACG) urged the government to adequately address the child right issues by considering the recommendations of UN Periodical Review. Tikaram Acharya - a child rights activist, stressed on the importance of ending physical (and psychological) punishment in schools. He further fairly argued that the laws and policies should be formulated to reduce physical and psychological punishment in schools. His recommendation was to formulate and start child protection policies in schools which would aid in reduction of child abuse, exploitation and corporal punishment. Veronica Cody - Ambassador of European Union revealed the EU's commitment to cooperate with all concerned bodies for the protection of child rights. Next participant, Samjhana Parajuli of Autism Training Center reminded the participants of the Disability Act -2074, which ensures creation of favorable and enabling environments for CWD.
Mr. Rabin Nepali - General Secretary of the Child Care Homes Network stated that 'Children are discriminated against on the basis of race, gender, class and their physical status.' Furthermore, he pointed out the need of special state entity for expedited legal mechanism to address various aspects of discrimination. In addition, he also highlighted the importance of implementation of child laws and recommends the fast-track and prioritized legal protection for minors.
During this workshop, participants with People With Disability (PWD) (visual/hearing impaired) as well as representation of minority section such as Dalit and Madheshi also shared their valuable personal experiences and expectations from the government. Another important aspect of this workshop was the recommendation that awareness and support from various segments of society such as individuals, community, policing authorities, service providers, legislative authorities among others work together to tackle various child related issues pertaining to protection from child marriage, child labor, sexual exploitation and others.
Situation of Child Rights in Nepal
Child-centered UPR Reporting Coalition Nepal led by CZOP2
Submission to the United Nations Universal Periodic Review 37th Session of the UPR Working Group of the Human Rights Council
- This report is the outcome of two national-level consultations, seven provincial level consultations in seven provinces and four separate consultations with children, and gender and sexual minority children. All together 761 participants were consulted, including 236 child participants (Annex 6). Participants in the consultation meetings included representatives from the National Human Rights Commission, government offices, sexual and gender minorities, Dalit community, Madeshi community, indigenous people, journalists, lawyers, child rights workers, sexual and gender minorities, and rights activists.
- Separate consultations with children were carried out in all seven provinces. Selection and involvement of children were conducted following child participation and inclusion guidelines.
- Communication and Children
- Ratify the Optional Protocol to the Convention on the Rights of the Child on communication procedure.
- Constitutional and Legislative Framework
- Take measures to eliminate discrimination on the basis of sex, gender, caste, class, geographical region and other forms in schools, families and communities.
- Amend the Domestic Violence Act, 2009 broadening the definition of sexual harm and domestic violence to include threats of violence, and all types of harm focusing on children.
- Amend the citizenship law to allow citizenship through either parent.
- Amend Child Labour Act 2000 incorporating measures for rescue, reparation, and reintegration.
- Establish effective child protection system in all levels with at least 10 percent investment to children.
- Human Rights Institutions, Infrastructures and Policy Measures
- Develop indicators of ‘best interest of the child’ as mentioned in Children’s Act 2018 for children in need of special protection.
- Develop guidelines and measures for the investment in children at all tiers of government, allocate at least 10 percent for the child protection and participation.
- Establish ‘independent’ child rights monitoring body.
- Accelerate enacting provincial and local level laws for the full protection of child rights.
- IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS OBLIGATIONS CONCERNING CHILD RIGHTS
- Comply with international human rights obligations and effectively implement recommendations made by Committees on CRC, CEDAW and CRPD to protect children.
- Right to life
Sex selective abortion
- Develop measures for the effective implementation of restrictions on practices of sex selective abortion at all levels of government.
- Right to health, nutrition and development
Access to health service
- Guarantee access to free healthcare for children for the effective implementation of laws, policies and directives.
- Take measures to ensure immunization without leaving anyone behind, particularly focusing on children at risk and need of special protection, especially in emergency situations.
- Right to education
- Take actions to ensure free and compulsory education for all children.
- Guarantee access to free, compulsory and quality education up to basic level regardless of geographical locations, sex, gender, caste, class without leaving anyone behind, particularly focusing on CWDs, children at risk and need of special protection.
- Guarantee affordable and quality higher level education in all schools regardless of geographical locations.
- Increase access to education to all children, focusing on children who are in need of special protection.
- Implement nutritious midday-meal up to basic levels in all schools
- Right to protection
- Social Security
- Amend the Social Security Act to expand the coverage of social security to all children regardless of their age based on children Act 2018 (section 48)
- Crimes against children
- Establish effective child protection mechanism in all levels with adequate human resources and invest to prevent, protect and response for the protection of child rights.
- Strictly enforce laws, policies and programs to ban corporal punishment against children in all settings.
- Increase the minimum age of criminal responsibility for children only after 15.
- Amend the legislation on rape to decriminalize factually consensual and non-exploitative sexual activity between adolescents of similar age.
- Children in correction homes
- Increase and improve quality and facilities of juvenile correction homes.
- Develop correctional measures alternative to imprisonment for juvenile delinquents.
- Protection from Child Trafficking
- Revise and bring HTTC Act, Rules, National Plan of Action and National Policy against trafficking as per federal structure of the country focusing children and adolescents.
- Amend HTTCA 2007 in line with Palermo Protocol addressing the issues of children incorporating the provisions on rescue, reparation, and reintegration. Incorporate perspective of child protection and involve all stakeholders to prevent child trafficking.
- Child Labour
- Launch family strengthening programmes to end child labour.
- Prohibit worst forms of child labour and other child labour until the age of 16 and ensure effective implementation of legislation on the minimum wage for children as of adult, if they are legally allowed to work.
- Strengthen and operationalize Child Rights Committees at all levels, invest on them at least 10 percent of total budget and mobilize to prevent, detect and rehabilitate children at risk of abuse, exploitation, neglect and violence.
- Impose individual criminal responsibility against those who economically exploit children, ensure sufficient human and financial resources to monitor child labour and reintegrate the children subjected to economic exploitation.
- Child Marriage
- Make Local Child Rights Committee obliged to file cases of crimes committed against children including, child marriage, child labour, abuse and exploitation.
- Promote awareness among children and adolescents on the harm of child marriage and encourage them to marry only after 20 years of age.
- Invest on the implementation of strategic plan to end child marriage.
- Birth registration, name and identity
- Conduct a study on the problems and challenges in ensuring universal birth registration of children.
- Intensify birth registration of all children, including, children without parents, or children born out of wedlock, or a children with a single mother.
- Child sexual abuse and exploitation
- Make Local Child Rights Committee obliged to file cases of abuse and exploitation against children.
- Endorse Comprehensive School Child Protection Standard including, School Safety, School as a Zone of Peace, and Violence Free Schools, measures to address corporal punishment, bullying, sexual abuse in schools, complaint handling mechanism, case management and referral system.
- Street children
- Accelerate taking action as per five-year strategic direction to end children living in streets.
- Intensify implementing its programs for street children with comprehensive child protection strategies.
- Children without parents and quality of child care homes
- Enforce Children’s Act 2018 and make sure that institutionalization of children as a last resort.
- Strengthen alternative care systems and address common practice of institutionalization of children.
- Take actions towards family reintegration of children who have family member but living in child care homes.
- Undertake periodic monitoring of all child care homes, ensure minimum standards and investigate all cases of violence, abuse and exploitation of children staying in these homes.
- Children with disabilities
- Develop community-based support system for children with disabilities and guarantee access to education, health services and dignified life with quality social security schemes.
- Children in disasters and emergency
- Develop response mechanism and invest to protect children at any sort of emergencies pandemic.
- Right to participation
- Develop guidelines and measures for the investment in children at all tiers of government, allocate at least 10 percent for the child protection and child participation.
- Ensure policy, programmes and measures for meaningful child participation in all setting.
Coordinated by Children Zones of Peace National Network (CZOP- Nepal)
Members of the Coalition Networks
- Children as Zones of Peace National Campaign (CZOP)
- Alliance Against Trafficking of Women and Children in Nepal (AATWIN)
- CRC Committee, HRTMCC- Nepal Members
- Child Care Homes Network (CNET)
- Consortium of Organizations Working for Child Participation (Consortium Nepal)
- DU COM Campaign in Nepal
- Inclusive Education Forum Nepal (IEF)
- Men Engaged Alliance Nepal (MEA-Nepal)
- National Campaign for Education(NCE)
- National Child Friendly Local Governance-Forum (N-CFLG)
- National Coalition for Girls Rights (NCRG)
- National Child Protection Alliance (NCPA)
- Ratify OP3CRC Coalition Nepal Members
- Education Watch Groups
- Care International
- European Union Delegate Office to Nepal (EU)
- Good Neighbour International
- Plan International
- Save the Children
- UNICEF Nepal
- World Vision International
About the Coalition
Children as Zones of Peace (CZOP), a national coalition of organizations working in the field of child rights, was formed in 2003 to advocate for children's basic right to life, development, and protection in Nepal. CZOP advocates for protection and promotion of children’s basic rights during and after armed-conflicts. CZOP is a broader coalition of 14 other NGO networks. CZOP had submitted stakeholder report in Nepal’s 2nd cycle review in 2015. CZOP collaborated with NHRC throughout the report preparation process for the third cycle.
Madhu Sudhan Dawadi- Program Director
Children As Zones of Peace-National Campaign (CZOP)
(Save the Children Country Office, 5th Floor)
Sinamangal-Airport Gate, Kathmandu, Nepal
Tel : +977-1-4481093 Ext. no- 545, Mobile 0977-9841307574/9858023323
1 Nepal's new Administrative division - 7 States/77 Districts.
2 Child Centered UPR Coalition Report-Nepal 2020
Madhu Sudhan Dawadi
Program Director - CZOP,
Sinamangal-Airport Gate, Kathmandu