Children's Rights: Comprehensive Peace Agreement

7.6.1. Both sides fully agree to special protection of the rights of women and children, to immediately stop all types of violence against women and children, including child labour as well as sexual exploitation and abuse, and not to conscript or use children who are aged 18 or below in the armed force. Children thus affected shall be rescued immediately and appropriate assistance as may be needed shall be provided for their rehabilitation.

Implementation History

2006

Minimum Implementation

In the 2006 CPA, parties to the conflict agreed to immediately stop all types of violence against children as well as to no longer conscript or use children who were younger than 18 in the armed forces. However, abduction and conscription of children did not stop immediately after the CPA was signed. It was reported that the Maoists had pulled 11 children, in 6th and 7th grade, out of schools in the Chitwan district and taken them away to conscript them into their people's army.1 This happened just after CPA was signed on 21 November 2006. Also, on 5 December 2006, a team of employees from the National Human Rights Commission had “drawn the attention of the Maoists to the alleged conscription of children into their army and looting of crops from farmers” in a mid-far western town Nepaljung.2 There were no reports of conscripting children.

  • 1. "Nepal Maoists abduct 11 school children for conscription into their army," BBC Monitoring South Asia – Political,  November 22, 2006.
  • 2. "Nepal Maoists warned to stop conscripting children, looting crops," BBC Monitoring South Asia – Political, December 5, 2006.
2007

Minimum Implementation

The cantonment and the verification of the Maoists combatants started as soon as the UNMIN was established on 23 January 2007. Among 32,250 combatants registered, 4,008 were disqualified. Among the disqualified combatants, 1,035 were recruited after the ceasefire code of conduct was signed on 26 May 2006. 2,973 Maoist combatants were under the age of eighteen when the ceasefire code of conduct agreement was signed.3 

  • 3. "Secretary General’s Report to the Security Council," United Nations (S/2008/259), April 18, 2008.
2008

Minimum Implementation

Discharge of the child soldiers and their rehabilitation did not happen in 2008. Among other issues related to childern, children with disabilities also faced abuses and neglect at home and in their communities.

2009

Minimum Implementation

No developments observed this year.

2010

Intermediate Implementation

The discharge of child combatants was completed on 8 February 2010. The UNMIN monitored the discharge process and provided rehabilitation support for the discharged child combatants.4 In Tarai region, several armed groups recruited children for extortion purposes as well as for enforcing general strikes called by the armed groups.5 Children with disabilities also faced abuses and neglect at home and in their communities. Children with disabilities were often denied access to quality education.6 Such behavior suggests that children’s rights, as provided by the 2006 CPA, remained unimplemented in some parts of the country.

  • 4. "Secretary General’s Report to the Security Council," United Nations (S/2010/183), April 13, 2010.
  • 5. "World Report 2011-Nepal," Human Rights Watch, 2011, accessed August 1, 2012, http://www.hrw.org/en/world-report-2011/nepal.
  • 6. "Future Stolen: Barriers to Education for Children with Disabilities in Nepal," Human Rights Watch, 2011, accessed August 1, 2012, http://www.hrw.org.
2011

Intermediate Implementation

The provision prohibiting the conscription of children into the armed forces was adhered to with the discharge of child soldiers from the Maoist cantonments as well as their subsequent rehabilitation. Children, however, were used in violent activities in Tarai region by different armed outfits. There was no documentation of children being recruited into the armed forces by any groups but it still remains a problem in Tarai region. The children were used for labor purposes, and many of them were working in the informal sector and as domestic helper.

2012

Intermediate Implementation

There was no documentation of children being recruited into the armed forces by any groups but it still remains a problem in Tarai region. The children were used for labor purposes, and many of them were working in the informal sector and as domestic helper.

2013

Intermediate Implementation

While recruitment of children in armed forces stopped in recent years, children were forced to work in agriculture, industry, and service sectors.7 The Nepal government has various laws and regulations related to child labor and has set up various enforcement agencies. As a matter of fact, the government’s Department of Labor has recruited inspectors to monitor inspection programs and child rights officers in all districts of Nepal have received basic training from the government.8 According to the US State Department Human Rights report, violence against children in Nepal remains widespread.9

2014

Intermediate Implementation

Issues related to child labor and violence against children have not been adequately addressed. Further details are not available.

2015

Intermediate Implementation

Issues related to child labor and violence against children have not been adequately addressed. Nevertheless, the draft constitution provides various rights to children. It is unconstitutional to practice child labor and force them to work in factories, mines or other dangerous places. Conscription of children is strictly prohibited.