Anteproifectos y nroucctoa de Cédigo penal

There have been significant developments in relation to the rights of the child in the past few years. The Government of Nepal ratified the UN International

Convention on the Rights of the Child (CRC) in 1990, as well as the International Labour Organization’s International Programme on the Elimination of Child Labour Convention (ILO-IPEC) on Minimum Age (Convention No. 138, 1973) and the Worst Form of Child Labour (No. 182, 1999) (Child welfare scheme and UNESCO, 2005). Each signatory country to the CRC is required to develop policy and legislation to protect children’s rights and welfare to the maximum extent for their survival and development. The government’s ability to translate the CRC into effective policy and programmes for vulnerable children is hampered because of widespread poverty, weak infrastructure and the political instability referred to earlier. Most of the services for vulnerable children are therefore provided by non-government organisations (as I discuss later into this chapter). Despite the

limitations of the government, the policy framework provided by the CRC and other human rights instruments provides an important benchmark for measuring the country’s progress on children’s rights.

32 The UN Convention on the Rights of the Child signifies that a child means any human being below the age of 18, and specifies that children under this age are entitled to special protection. This Convention gives children the full range of human rights and special protection as children. Key articles of the CRC relevant to this study include children’s rights to family life (Article 9); access to mass media for the dissemination of information important for children (Article 17);

protection from all forms of physical or mental violence, abuse, neglect or maltreatment from the parents or any others who care for the child (Article 19);

state protection for a deprived child who is unable to remain with their family (Article 20), and the right to survival and health care. The CRC urges

governments to promote a healthy lifestyle through: health treatment and facilities; diminishing child mortality; combating disease and malnutrition;

provision of adequate nutritious food and clean drinking water; consideration of the dangers and risks of environmental pollution, and promoting knowledge about health education, hygiene and environment (Article 24). The Convention requires State parties to take all measures to ensure that children achieve a general and vocational education (Article 28); Article 32 of the CRC states that children must be protected from economic exploitation and from any hazardous work, and sets a minimum age, hours of work and conditions for children’s employment, while Article 33 demands protection from drugs and substances. Furthermore, in ratifying the Convention, State parties must undertake measures to protect children from all forms of sexual exploitation, and Article 34 states that children shall not engage in unlawful sexual activity, prostitution, or be involved in sexual exploitation such as pornographic performances or materials (UNICEF, 2011).

The CRC suggests that the rights for every child include the basic elements necessary for subsistence, such as food, shelter and health care to live a healthy life, and the right to protection from diseases (UNICEF, 2011). As I have shown however, these rights are not safeguarded in respect of street children who are also exposed to additional harms caused by involvement in hazardous child labour.

33 The Worst Form of Child Labour Convention no. 182 (1999) was ratified by Nepal in 2002, aiming to eliminate the worst forms of child labour.This agreement states that children should refrain from hazardous types of employment and that their rights concerning employment should be protected.This Convention

comprises statements such as: “Children who have not attained the age of 18 years shall not take part in any hostilities and in armed conflict by force; children shall not be recruited into armed groups by force, or be involved in armed conflict through coercion”. Within Nepal’s constitution, the labour rules were amended in 1993 after adopting the Labour Act in 1992. Following this, with the commitment to the elimination of the worst forms of child labour, the Children Act was enacted in 1992, in line with the UN Convention for the Rights of the Child (UNCRC) (Child welfare scheme and UNESCO, 2005). The Children’s Act (1992), and the Regulations on Children (1995), state that a child means someone who has not reached the age of 16 years. The minimum age for employment and work in this Act is 14 years (Child welfare scheme and UNESCO, 2005). Children aged from 14-16 are prohibited from being employed in hazardous work and should not do any work that affects them physically or psychologically. There are restrictions on the type of work and the hours that children can work. The Act has been amended to specifically address sexual abuse and exploitation against female children, but does not extend to the sexual abuse of boys (ILO, 2009).

Commercial sexual exploitation is considered one of the worst forms of labour exploitation and is a punishable crime (CWIN, 2003). Nepal also ratified the South Asian Association for Regional Co-operation (SAARC) Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, in 2002 (SAARC, 2009). This Convention is in line with the CRC, but further ensures the provision of basic services such as education and health care, with special attention to the prevention of diseases and malnutrition, and promotes policy development for child survival and development.

34 1.5 Organizations Working for Street Children

In the next section, I describe the main organisations in Nepal that are providing services for vulnerable children. In 2004 several organizations created an alliance to co-ordinate their efforts on behalf of children comprised of: Child Workers in Nepal Concerned Centre (CWIN); SAATHI; Child Protection Centres and Services (CPCS); Child Watabaran Centre Nepal (CWCN), and the Association for the Protection of Children (APC). This network provides services for street children with the primary target aim being to get children off the street (Tournon, 2008). The trained fieldworkers from these organizations visit street children regularly in the streets where they live. Their purpose in making contact is to establish a relationship with them and let them know about the services they provide. Some of the organizations provide services in the street; they provide awareness on health care, drugs and HIV/AIDS; others do not provide services in the street, but try to get the children to go to a centre (Tournon, 2008).

1.5.1 Child Workers in Nepal Concerned Centre (CWIN)

Child Workers in Nepal Concerned Centre (CWIN) was established in 1987, and is the pioneer organization for the rights of street children in Nepal. This

organization campaigns against issues of child labour exploitation such as long working hours, under- or no payment, forced labour, and working conditions which are hazardous to health (Child welfare scheme and UNESCO, 2005). The organization is helping children with matters such as shelter, treatment and being freed from custody. They have emergency line services for people to contact them on issues of children’s protection (Tournon, 2008).

1.5.2 SAATHI

SAATHI is a non-governmental organization which was established in 1992. The main objective of the organization is to work on violence against women. Street girls are prioritized as they are more vulnerable to sexual abuse. The SAATHI

35 drop-in centre provides a non-formal educational (NFE) programme for children between 5 and 14 years old. Some of the street children who are outstanding, and interested in joining a school to study, are receiving scholarships to study at a private school through the organization (Child welfare scheme and UNESCO, 2005).

1.5.3 Child Protection Centres and Services (CPCS)

The Child Protection Centres and Services (CPCS) were founded in 2002 to fulfil the needs of street children in Nepal. The organization has six centres in

Kathmandu valley and other regional centres in different parts of the country.

They launch life skills training, recreational programmes and informal education on the risks of street life, drugs, HIV/AIDS, health, hygiene and treatment. Some interested children are getting a formal education from the CPSC schooling programme. The CPCS is helping street children from mobile medical services and 24-hour opening clinics; the mobile services give emergency treatment.

Counselling services are also available for the children who are in need of

psychological support. The organization focuses on children’s fundamental rights, and provides legal support in enforcing the Children Act 1992. 24-hour

emergency hotline services are available, through which children can approach them with any legal or medical problem. The organization aims to reunite them with their families, depending on their wishes (CPCS, 2008).

1.5.4 Child Watabaran Centre Nepal (CWCN)

The Child Watabaran Centre, Nepal (CWCN) has been working with street children since 2002 in different parts of Nepal. The main objectives of the

organization are to reintegrate and rehabilitate street children by providing formal and informal education, and giving vocational training for long term security. This organization works for the protection of children’s rights; seeks to reunite them with their family; supports children through counselling; develops awareness

36 among street children; focuses on personal hygiene, and has developed emergency health services for children at the centre with regular access to treatment. It has been working under two different projects: the Watabaran Centre for boys (WCB) and the Watabaran Centre for girls (WCG). Education and vocational training are provided at the centre, as well as other recreational activities for boys and girls (Child Watabaran Centre (CWCN), 2011).

1.5.5 Association for the Protection of Children (APC)

The Association for the Protection of Children (APC) Nepal was started to assist destitute children, including orphaned and abandoned children and those living and working on the street in Kathmandu, and has existed since 2001. The organisation offers a wide range of facilities like shelter, refuge, counselling, emergency health care, food and clothing. The children are also provided with income-generating activities, such as mechanical training, through the APC (Association for the Protection of Children Nepal (APC) 2008) .

1.5.6 Drop-in centres

There are approximately eleven in centres in Kathmandu valley. These drop-in centres focus on socialization, where street children can visit at any time durdrop-ing the day and find shelter, food, security, washing facilities and cultural activities.

They can also obtain medical and psychological services, legal services, an awareness programme and literacy skills. The drop-in centre works as a transit centre where children are socialized and sent to a rehabilitation centre, where those who cannot join the school system can get vocational training or a non-formal education, or some children may be enrolled in a public school (Tournon, 2008). Theoretically, street children should be able to access services from the organisations listed above however there is a popular view that many NGOs are exploitative and use vulnerable children to source sponsorship which then gets used for other purposes. While there have been no evaluation studies carried out

37 and there is therefore no evidence to support or refute this, there is generally a high level of suspicion and scepticism on the part of the general public towards many such agencies. It is also the case that none of the children in my study were routinely accessing the services listed above.