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Nepal 2008: Human Rights
Human Rights & Social Justice
UN report
Nepalese children still face serious human rights violations
April 2008
UN report: Nepalese children still face serious human rights violations
United Nations, Security Council, 18 April 2008

Grave violations against children have not stopped in Nepal, although they have fallen significantly in number since the signing in 2006 of the comprehensive ceasefire agreement ending the Asian country's protracted armed conflict, a new United Nations report says.

The report from Secretary-General Ban Ki-moon, released today, includes a series of recommendations calling for the enhanced legal protection of minors and stepped-up measures to end the recruitment of children by armed groups and reintegrate child soldiers back into the general community.

It finds that many children were recruited by the Communist Party of Nepal-Maoist (CPN-M) just before the accord was signed in 2006 and that no progress has since been made in formally discharging them, although some have been released informally.

Emerging social unrest in the Terai region in the country's south have also posed new risks for children, including recruitment by armed groups, according to the report, which covers the period from October 2006 to the end of last year.

Moreover, across the country, all major political parties are increasingly willing to use children in their political demonstrations, strikes and blockades.

The report recommends that the Government should take 'significant steps' in the areas of legal reform, accountability and reconciliation, including enacting a law that criminalizes the recruitment of persons aged less than 18 by armed groups.

'It should take further steps to ensure that law enforcement agencies and the courts investigate and prosecute crimes against children and strengthen legal institutions to ensure that human rights issues are addressed and also to ensure that any strengthening or reform of law enforcement and criminal justice systems are in line with international standards,' the report states.

Further, the Government should 'make a clear commitment to the reintegration of children associated with armed forces and armed groups,' in part by working with the UN and the CPN-M to set up an effective programme for the release and reintegration of such children.

Turning to the CPN-M, the report calls on the party to take urgent steps to enter into a concrete action plan with the UN to implement its earlier commitment for the immediate and unconditional release of children in Maoist army cantonments. It also calls on the party to end the obstacles to the reintegration of informally released children.

The report has been released less than two weeks after Nepalese voters went to the polls in historic elections to select the members of a Constituent Assembly, which is tasked with drafting a new constitution for the country.

Report of the Secretary-General on children and armed conflict in Nepal (S/2008/259)
Summary

The present report, prepared pursuant to the provisions of Security Council resolution 1612 (2005), is presented to the Council as the second country report on the situation of children and armed conflict in Nepal. It covers the period from 1 October 2006 to 31 December 2007 and follows my first report (S/2006/1007) and the subsequent conclusions and recommendations of the Working Group on Children and Armed Conflict (S/AC.51/2007/8).

The report indicates that although grave violations of children's rights have decreased significantly since the signing of the comprehensive ceasefire agreement, violations against children have not ceased. The report notes that substantial numbers of children were recruited by the Communist Party of Nepal-Maoist (CPN-M) prior to the signing of the ceasefire agreement and moved into cantonments. No progress has been achieved in securing their formal discharge although many have been released informally.
The report also notes that social unrest in the Terai region has contributed to a pattern of protests and emergence of political and armed groups that have created new risks for children, including recruitment. In particular, the report highlights the increasing use of children by all major political parties in political demonstrations, strikes and blockades.

The present report makes a number of recommendations, including recommendations that the CPN-M agree to a concrete, time-bound action plan to implement its commitment to release children in the Maoist army; and end obstacles to the reintegration of informally released children. It also recommends that the Government of Nepal make a clear commitment to the reintegration of children associated with armed forces and armed groups, and that it enhance the legal protection of children, by criminalizing child recruitment and prosecuting violators of children's rights. The report also calls on armed groups in the Terai to end violations of children's rights, and on political parties to end the use of children in demonstrations, strikes and blockades.

I. Introduction

1. The present report, prepared in accordance with the provisions of Security Council resolution 1612 (2005), covers the period from 1 October 2006 to 31 December 2007 and follows my first report on the situation of children and armed conflict in Nepal (S/2006/1007) and the subsequent conclusions and recommendations of the Working Group on Children and Armed Conflict (S/AC.51/2007/8). The report examines trends in violations of children's rights in the volatile aftermath of Nepal's decade-long armed conflict, with a focus on the six grave violations listed in the resolution: killing and maiming of children; recruitment and use of children as soldiers; abductions; sexual violence; attacks on schools and hospitals; and the denial of humanitarian access to children.

2. Grave violations of children's rights have decreased significantly since the signing of Nepal's Comprehensive Peace Agreement in 2006. The peace process as a whole has made important progress in a short time frame. However, violations against children have not ceased:

(a) Substantial numbers of children were recruited by the Maoist army just before the signing of the Comprehensive Peace Agreement. No progress was achieved in securing the formal discharge of these children although large numbers have been informally released;

(b) Social unrest linked to long-standing issues of exclusion has contributed to a steady pattern of protests and the emergence of political and armed groups in the southern Terai plains that have created new risks for children, including displacement, killings and recruitment;

(c) Despite the Government's efforts, public security has been undermined in many areas as State law enforcement agencies have not yet been able to extend their reach in a way that allows them to address security problems consistently or effectively. Political parties and movements are involved in widespread and sometimes violent street protests and strikes, and children are frequently drawn into risky forms of participation in public demonstrations, strikes and blockades.

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UN Security Council
Report on children and armed conflict
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Source: United NationsSecurity Council, 18 April 2008
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