Children as Zone of Peace and Peace National Campaign (CZOP) has demanded to include children’s issues in the Third Amendment Bill of the Investigation on Enforced Disappeared Persons, Truth and Reconciliation Commission Act 2014 tabled in the Parliament on 9 March 2023, by the Government of Nepal.
CZOP submitted a memorandum to Speaker Devraj Ghimire on 11 April, drawing attention to the fact that the Bill was re-tabled to the Parliament Secretariat without making the necessary amendments.
CZOP demanded that the amendment bill is insensitive from the point of view of child rights, and sections that uphold the sensitivity of child rights should be made mandatory.
Article 39, Sub-article (6) of the Constitution of Nepal prohibits the recruitment or use of any child in the army, police, or armed groups, while sub-section (9) ensures the right of conflict-affected children to receive special protection and facilities from the government.
The Convention on the Rights of the Child, 1989, to which Nepal is a party, and its Optional Protocol, 2000, prohibit the involvement of children in armed conflict.
Rajesh Sharma, Chairperson of CZUP emphasized section 7 (7) of the Act Relating to Children 2018, which mentions that no child can be recruited into the army, police, and armed groups and cannot be used directly or indirectly for armed conflict or political purposes.
The memorandum demands that “any kind of violence, abuse and excesses against children during the time and period of armed conflict must be included in the definition of serious violation of human rights, and the entire process of investigation, truth-telling and reconciliation of disappeared persons should be sensitive towards child rights”.
In addition, various issues such as the use of children in armed conflicts, exploitation of children, violation of children’s rights, and the need to recommend legal, policy, and structural reforms to ensure that such incidents do not occur in the future are covered in the commission’s work, duties and responsibilities.
After receiving the memorandum, Speaker Ghimire said that he is aware of the issue of child rights in the transitional justice process and promised to investigate this matter seriously.
According to the data collected by Civil Nepal, 469 children lost their lives and 553 were injured during the conflict.