Summary of Nepal's Civil Society Report on Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography Kapil Aryal 1

Technicalities of OPSC Report Cover page, table of contents, acknowledgements, acronyms and abbreviations, glossary Chapter I - INTRODUCTION Chapter II - GENERAL MEASURES TAKEN FOR THE IMPLEMENTATION OF THE OPTIONAL PROTOCOL Chapter III - PROHIBITION OF THE SALE OF CHILDREN, CHILD PORNOGRAPHY, AND CHILD PROSTITUTION Chapter IV - PENAL/CRIMINAL PROCEDURE 2

Cont… Chapter V - PROTECTION OF THE RIGHTS OF CHILD VICTIMS Chapter VI - PREVENTION OF THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY Chapter VII - INTERNATIONAL ASSISTANCE AND COOPERATION AND OTHER LEGAL PROVISIONS Chapter VIII - SUMMARY OF PROBLEMS REFERENCES 3

Report Format/Design The reporting format has been followed as provided in 'A Guide for Non-Governmental Organizations Reporting to the Committee on the Rights of the Child’ 2006(3 rd Edition)' prepared by NGO Group for the Convention on the Rights of the Child-Geneva. 4

Legal Status of OPSC in Domestic Law and Applicability in Domestic Jurisdiction The Treaty Act 1990 is a special legislation governing the substantive and procedural matters of the ratification of and accession to treaties and convention. Though the ratified international treaty holds the position above the domestic law, in case it contradicts with the treaty provisions, without the help of domestic substantive and procedural law, these treaty provisions cannot be invoked in the courts of law. 5

Laws and Penal Sanctions to Combat Sale of Children, Child Prostitution and Child Prostitution The age of maturity for labour and criminal liability is a complex issue in Nepal. – Criminal liability starts from 10 – Age for child labour 14 – Sex with a girl below 16 is rape – Human Trafficking and Transportation Control Act – person below 18 as a child 6

Law on child prostitution Despite the country code considers sexual intercourse with a girl below the age of 16 even with her consent as rape, the legislations of Nepal are unable to prohibit child prostitution and protect the children from sexual exploitation who is above the age of 16. 7

Law on child pornography Some Public Offence control and Punishment Act 1971 Section 2 provides about the acts ought not to be done. Among them, Section 2 (c) prohibits disturbing peace through voice, language, sign, and symbol or to expose vulgarity in public places and (c1) prohibits in publishing vulgar language or words those signify vulgarity or printing or publishing vulgar pictures or exhibiting of such materials in public. 8

Summary of Problems Unavailability of data Judiciary’s view is not consistent in viewing ratified treaty provisions in domestic jurisdiction Lack of coordination between government agencies and concerned stakeholders Dissemination of OPSC is not adequate Legal provisions on child prostitution and child pornography are not clear and inadequate. Laws do not protect sexual exploitation of boys and girls above sixteen years. 9

Cont… Victim protection law is not adequate. Lack of infrastructure and sensitivity among concerned authorities, there is problem on enforcement of in camera hearing. Lack of sensitivity among law enforcers, prosecutors and adjudicators is still prevalent. Cases have been reported of police mediating the cases out of court. Due to lack of proper trainings and resources, there is problem in investigation and evidence collection. No social recovery and rehabilitation centers are available. 10

Comments and Suggestions are Welcomed 11