Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. In previous comments, the Committee had expressed concern over certain provisions of the civil service legislation which appeared to permit discrimination in employment on the basis of political opinion by providing that civil employees may be removed or dismissed from service for, inter alia, participating in politics. In its previous observation, the Committee noted with regret that the new Civil Service Act, 1993, stipulates that a civil employee (defined as "any person holding office in any post of the civil service") may be removed from service in case he actively participates in partisan politics (section 61). The Committee also noted that a similar prohibition is contained in other legislation: the Municipality (Working Arrangements) Regulations, 1993 (which govern the staffing arrangements and functions of municipal employees) and the Village Development Committee (Working Procedures) Rules, 1994.

2. The Committee regrets that the Government's report contains no comment on this matter. Accordingly, the Committee refers again to its previous explanation concerning the limitations which should be placed on a ban to participate in politics, where it indicated that, although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher-level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of employment in general. The Committee urges the Government to take steps without delay to bring all relevant legislation into line with the Convention, and to supply details in its next report on the measures taken in this respect.

3. Also in its previous comments, the Committee had sought assurances that sections 10 (those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post of the civil service) and 61(2) ("moral turpitudes" constitutes grounds for removal or dismissal from service and disqualification from government service in the future) do not amount to discrimination on the ground of political opinion. The Committee had, however, noted with interest that section 69 of the Act provides for the formation of an Administrative Court to hear appeals against "orders of departmental punishment".

4. In its report, the Government states that it has examined in depth the issues raised by the Committee concerning the need for a clearance report in relation to an appointment to the civil service and gives its assurance that the cited provisions of the Civil Service Act are meant to ascertain only that a public servant is not involved in any serious criminal activities involving "moral turpitude". The Government states, furthermore, that no discrimination is made in this area on the basis of political ideology, sex, creed, caste or religion. The Committee welcomes the Government's comments and, with a view to settling this matter, requests the Government to provide in its next report indications of the way in which the term "moral turpitude" is defined under the criminal legislation, and to provide examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of conviction for such an offence.

5. The Committee is raising other points in a request addressed directly to the Government.