shadow report of Asian Centre for Human Rights, Nepal:
The Maoists' conflict and impact on the rights of the child,
highlights extreme vulnerability of the children and violations
of their rights as a consequence of the armed conflict. The
situation has further deteriorated since the royal coup of
1 February 2005.
Children do not enjoy the right to life in
Nepal because of the armed conflict with the Maoists. Yet,
the second periodic report of Nepal only refers to death due
to non-availability of medical treatment. It fails to refer
to death due to lack of food security often created due to
economic blockade by the Maoists and the security forces.
From 13 May 1996 to 28 February 2005, an
estimated 305 children have been killed respectively
168 children at the hands of the state and 138 at the hands
of the Maoists. On
22 March 2005, three school children – Narayan Bahadur Kanauji
Magar (17) of Class IX, Tek Bahadur Gaha (15) of Class VIII,
and Dal Bahadur Darlami (15) of Class VI– were shot dead by
plain-clothes security personnel suspecting them to be Maoists.
The children were in their school uniform and were collecting
donations for a religious festival. The Royal Nepal Army has
ordered an inquiry into their killings following protests.
The second periodic report also fails to reflect
anything about the plight of the persons without nationality.
Under Sub-sections 4 and 5 of Section 3 of the Nepal Citizenship
an applicant needs to provide evidence that his/her birth
has been registered. According to UNICEF, only about 21 per
cent of births are registered in Nepal, and these are mostly
in major towns. Hundreds of thousands of children belonging
to Badi, Dalits, Sikhs,
and Chepang community have been denied the right to nationality.
The right to education has become inaccessible
to most children. Out of per 100 children only 80 are admitted
to school; and out of 80 enrolled only 51 complete the primary
level in Nepal. About 34.2% of children aged
6-10 years are out of the school system.
The education system has completely collapsed
in 75% of Nepal controlled by the Maoists. The Royal Nepal
Army personnel have turned hundreds of schools into military
barracks. Kidnapping of teachers and students and destruction
of schools by the Maoists are common in Nepal.
Between April 1996 and May 2004, a total of
136 teachers have lost their lives in the on-going Maoist
conflict while another 200 have left for urban centers seeking
safety. In May 2004, approximately 7,000 out of the 14,500
teachers, who had passed the licensing examinations conducted
by the Teachers’ Service Commission, could not join duty due
to Maoist opposition. The Maoists insist that their Janabadi
Sikshya (people’s education) be made part of the school
curriculum and that teachers have to take training on it first.
Between 1 February and 9 May 2005, the Maoists attacked 23 schools
resulting into destruction of many schools and injuries to
Thousands of students are also denied the right
to education due to the bandhs (general strikes) called
by the Maoists’ student wing All Nepal National Free Students
Union -Revolutionary for indefinite closure of schools and
colleges in the country to press their demands. Private schools
are specifically targeted. There
are over 8,500 private schools in Nepal that enroll at least
1.5 million students and provide employment to over 175,000
Both the security forces and the Maoists have
made children victims for the alleged offences or crimes allegedly
committed by their parents. The conflict has heightened the
risks of rape, sexual humiliation, prostitution and other
forms of gender-based violence. On 10 November 2004, half a dozen security
personnel allegedly raped a 15-year-old Majhi girl in the
dense Charkoshe Jhadi forest of Bharaul village of Sunsari
district. According to an investigation
team of the National Human Rights Commission of Nepal that
visited the place of offence, a police constable
allegedly involved in the crime has been identified while
five Royal Nepalese Army personnel are yet to be identified.
have been victims of extrajudicial executions, torture, disappearances,
rape etc by the security forces.
The children have also been victims of arbitrary
killings, abductions and torture at the hands of the Maoists.
Hundreds of children have been recruited as child soldiers.
On 13 and 14 November 2003, the
Maoists allegedly forcibly mobilized around 1,000 students
from several schools of Achham district for "organisation
expansion.” The abducted students comprised of the nine grade
and above mostly from the Jalapa Devi and Bidhya Mandir higher
secondary schools and schools of Raniban, Dhakari, Toli, Binayak,
Koika Village Development Committees. Another 200 teenaged
students were allegedly abducted by the Maoists from
Nandeswari Secondary School and Bindeswari School in Achcham
district on 4 December 2003.
Juvenile justice is still treated
as a part of normal criminal justice system. Children are
seldom given different treatment when they are brought to
the attention of the justice system. They are often kept in
custody together with adults, and the processes and jurisdiction
applicable to the investigation, remand, bail and judicial
custody are similar to that of adults.
The government has failed to establish a "Children's
Correction Home". On 9 September 2004, Jhurri Teli (16
years), resident of Belhiya VDC-7 Banke district was reportedly
arrested by the plain-cloths security personnel from the Nepagunj
Municipality-16. He was detained in different detention centres
and prisons till 28 September 2004 when the Appellate Court
of Nepalgunj ordered his release. However, the next day at
about 2.00 pm, in the presence of lawyers and several representatives
of human rights organizations, a police team under the command
of Police Inspector Rajendra Prasad Bhatta from the Banke
District Police Office, re-arrested him.
The government has taken few measures to rehabilitate
the children of the convicted prisoners. 7-year-old Ajbira
Saiyad Musalman was sent to the Kapilvastu prison along with
her parents while Ashmin, Raju and Samjhana Lama, all below
eight years of age, were living in a congested women’s cell
of the Central Jail, Kathmandu along with their mother.
The Maoists insurgency has further contributed
to the key factors that encourage trafficking - poverty, gender
discrimination, illiteracy, unemployment and most importantly,
18 February 2005, Maiti Nepal, Birgunj rescued eight children,
including three under the age of 14 years, from Inaruwa on
the Nepal-India border who were being trafficked to Delhi.
10 May 2004, Shashi Kanta Mainali, secretary at the Ministry
for Women Children and Social Welfare himself admitted that
“Despite the increasing number of girls and women being trafficked
from the country, we are not able to control it as the offenders
are getting the protection of highly-placed political officials”.
The armed conflict must be the bearing factor while
examining the implementation of the Convention on the Rights
of the Child in Nepal as the entire country is afflicted by