Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nepal (Ratification: 1974)

The Committee notes the Government's report which was received in February 1989.

1. In its previous comments, the Committee requested the Government to supply detailed information on the employment of women in government departments and semi-governmental agencies, including statistics which show the evolution of their participation at different levels. The Committee notes the Government's reply that the number of permanent women workers in the government sector at officer level was 370 in 1988; that the Central Personnel Record Centre has been working on tabulating the total number of permanent female staff (non-gazetted level) in the government sector; that these figures will be supplied when available; and that data concerning semi-governmental agencies will also be sent when available. The Committee hopes that the Government will be able to include this information in its next report, and that it will include statistics showing the evolution of women's participation at different levels.

2. In its previous comments, the Committee requested the Government to supply details of existing legislation protecting the interests of minors and women, and information on measures taken to encourage and promote the access of women and persons belonging to the "backward classes" of citizens to all types of education and training. It notes with interest the information on the various programmes carried out to enhance the status of women, and the chapter on the policies on women's participation in development contained in the seventh five-year plan (1985-90).

It requests the Government to continue to supply detailed information on programmes and policies to enhance the status of women and their participation in development, and on any further positive measures, including legislative measures, taken or contemplated to increase equality of opportunity and treatment in employment, occupation and education for minors, women and persons belonging to "backward classes" of citizens.

3. The Committee previously noted that an anti-discrimination Bill had been submitted for approval. The Committee notes from the Government's report that this Bill is still under consideration. It hopes that the Government will indicate in its next report what progress has been achieved in this regard.

4. The Committee notes with interest that the National Labour Advisory Committee has decided to constitute a tripartite team to conduct a study on the effectiveness of the labour laws as regards compliance with the Convention. It requests the Government to continue to supply information in this respect, and to indicate the conclusions reached by this tripartite team.

5. The Committee has noted in its previous comments that the national legislation - in particular article 10 of the Constitution and section 4 of the Civil Liberties Act (No. 2012) - do not prohibit discrimination in employment on the basis of political opinion as provided for under Article 1, paragraph 1(a) of the Convention. The Committee has also referred to sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations, which appear to permit discrimination in employment against public employees on the same basis by prohibiting any expression of opinion contrary to the present political system, on pain of removal or dismissal. The Committee has stated that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear in mind the political opinions of those concerned in the case of certain higher posts which are directly concerned with implementing government policy. It has pointed out that, even if certain doctrines aim to bring about fundamental changes in the institutions of the State, this does not mean that expressing them is beyond the protection of the Convention, so long as violent or unconstitutional methods to bring about this result are not used or advocated.

In its report the Government has stated that due note will be taken of the Committee's comments, which will be referred to the concerned agencies. The Committee once again requests the Government to indicate in its next report the measures which have been taken or are contemplated to bring the legislation into conformity with the Convention in this respect.

6. The Committee previously noted that a police report is drawn up on the activities of candidates for permanent posts in the government service and that a candidate who fails to obtain a post because of this report has no legal recourse or right of appeal. It noted that the system of police reporting on candidates for permanent posts in the government service was established to safeguard the neutrality of the civil service from corrupt and politically active people. The Committee, referring to the comments it made earlier with regard to discrimination based on political opinion, requested the Government to review that practice and to indicate the measures taken or contemplated to ensure the observance of the Convention.

The Committee notes from the Government's report that its comments were to be referred to the concerned Minister. Please indicate what progress has been achieved in this review. The Committee refers to paragraphs 102 to 105 of its 1988 General Survey on Equality in Employment and Occupation, where it has stated that security checks such as those in force in Nepal should not be permitted or carried out except where justified by the inherent occupational requirements of the post; and in any case any person who is denied access to a particular post for security reasons ought to have the right to appeal against the decision.