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

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

1. In its previous comments, the Committee had sought to clarify the extent to which foreigners who are authorized to engage in employment and occupation in the country are protected against discrimination on all of the grounds specified in the Convention. The Committee had also requested information on the extent to which Nepalese citizens of foreign birth, ancestry or origin are protected against discrimination, as the ground of "national extraction" is not covered by the national proscriptions against discrimination. The Government had indicated previously that the right to equality and the proscriptions against discrimination on the grounds of religion, race, sex, caste or ideology, as outlined in article 11(1), (2) and (3) of the Constitution, apply only to Nepalese citizens but that article 11(4) and (5) -- which provide, respectively, that no person shall, on the basis of caste, be discriminated against as untouchable and that no discrimination shall be made in regard to remuneration between men and women for the same work -- are guaranteed for all individuals living in Nepal. In its present report, the Government states that no discrimination is made between citizens and non-citizens performing the same kind of work, particularly in the public sector; and that in the private sector, no discrimination can legally be made between citizens and non-citizens in the same kind of work. In order to ascertain the level of protection against discrimination for non-citizens working in Nepal, the Committee again requests the Government to indicate whether there are avenues of redress (apart from those contemplated under article 11(4) and (5) of the Constitution) that might be taken by such persons against acts of discrimination in employment on any of the grounds specified in the Convention.

2. Referring to previous comments, the Committee requests the Government to indicate the specific measures taken to ensure freedom from discrimination on the basis of religion in respect of employment in the private sector.

3. The Committee notes with interest the information provided in the Government's report presented to the Fourth World Conference on Women (Beijing, 1995). Noting that sectoral action plans and a policy on non-governmental organizations have been adopted to attain the objectives of the Policy Declarations on Women and Development contained in the Eighth Plan (1992-97), the Committee requests the Government to provide copies of these plans and policies and to furnish information on their implementation and achievements. Please also provide similar information on any action taken to pursue these strategies in the context of the Ninth Plan, once it has been adopted.