Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. In its previous observations, the Committee regretted that certain provisions in the Civil Service Act, 1993 (section 61), the Municipality (Working Arrangements) Regulations, 1993, and the Village Development Committee (Working Procedures Rules), 1994, permitted discrimination in employment on the basis of political opinion by providing that civil employees may be removed or dismissed from service for participating in partisan politics. The Committee had pointed out 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. It had urged the Government to take steps without delay to bring all relevant legislation into line with the Convention. The Committee notes the Government’s statement that it has forwarded the Committee’s observations to the concerned government agencies for their opinions, as they are the competent authority in this regard. The Committee hopes that the Government will urge the authorities concerned to look into this issue as a matter of urgency and requests the Government to supply detailed information in its next report on the measures taken to bring the relevant legislation into line with the Convention.

2. In its previous observation, the Committee had requested clarification from the Government on how the term "moral turpitude" is defined under the criminal legislation. This term is referred to in 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 turpitude" constitutes grounds for removal or dismissal from service and disqualification from government service in the future) of the 1993 Civil Service Act. The Government replies that the term has not yet been defined in any particular legislation, but that in practice, "moral turpitude" includes corruption, unacceptable activities, drug abuse, rape, robbery and other criminal activities. While noting the Government’s explanation, the Committee would be grateful for further clarification on what constitutes "unacceptable activities and other criminal activities" which could constitute grounds for non-appointment, removal or dismissal from service of civil employees. It also requests the Government to provide concrete examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of a conviction of "unacceptable activities or other criminal activities". Moreover, the Committee obtained information regarding a complaint, dated 27 July 1998, submitted to UNESCO by the Nepal National Teachers’ Association, Central Committee, alleging the murder of 11 teachers and the arrest of 15 others in the context of police action aimed at suppressing Maoist activities. The Committee notes this information with concern and requests the Government to provide in its next report information on whether any teachers arrested are under threat of being removed or dismissed from service and the basis for any such disciplinary action, if taken.

3. The Committee is raising other points regarding the application of the Convention in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.