Direct Request (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 hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous comments regarding the level of protection against discrimination in employment and occupation of non-citizens working in Nepal, the Committee regrets that the Government’s report again contains no reply regarding this matter. The Committee therefore feels obliged to ask the Government once again 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. The Committee notes that the Government’s report does not contain any information regarding the specific measures taken to ensure freedom from discrimination on the basis of religion in respect of employment in the private sector. It urges the Government to supply full information on this matter in its next report.

3. The Committee notes the information contained in the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NPL/1, 23 November 1998) and the CEDAW Committee’s concluding observations (CEDAW/C/1991/L.3/Add.5, 1 July 1999), including the various measures taken by the Government to increase women’s educational and employment opportunities. The Committee notes from the concluding observations on the application of CEDAW that the Ninth Plan (1997-2002) which is directed at gender mainstreaming and endorses the Gender Equality and Women’s Empowerment National Work Plan of 1997 has been adopted. The Committee requests the Government to furnish information on the implementation and achievements of the Plan.

4. With regard to women’s access to employment, the Government’s report on CEDAW states that 90 per cent of the female economically active population is currently engaged in agriculture and that women’s involvement in the industrial sector is marginal, unevenly distributed, and generally confined to low skills positions. According to the Government, women are concentrated in low-skilled and low-paid jobs in the textile and weaving, food processing, manufacturing and hotel industries. Further, according to the report, women only constitute 10 per cent of the total employees in the civil service, concentrated mostly in health and education services and in clerical jobs. Women constitute only 1.81 per cent of the Nepal Police Service, including officer and non-officer levels. The Committee notes this information with some concern and requests the Government to provide information on any measures taken or contemplated to increase women’s employment opportunities, including in non-traditional sectors and occupations, and to enable women’s participation in higher level positions in both the public and private sector. The Committee is particularly interested in measures taken by the Government to address the employment situation of rural women, as well as minority women.

5. As concerns women’s access to vocational training, the Committee notes from the abovementioned CEDAW report that the female literacy rate remains very low (25 per cent in 1991) especially in rural and remote areas and a quantitative and qualitative gender gap continues to persist at all levels of education. In addition, as a result of persisting patriarchal norms and values, women are often deprived of educational opportunities. The Committee also notes from the CEDAW Committee’s concluding observations that illiterate women are systematically barred from vocational training because of the minimum educational requirements in vocational training centres. The Committee wishes to point out that, within the terms of the Convention, access to training, including the elimination of illiteracy, should be promoted to both women and men without discrimination. The Committee, therefore, requests the Government to provide information on the measures taken or contemplated to narrow the gap between education attainment levels of boys and girls, including in non-traditional fields of education, and to enhance women’s participation in training institutions through, for example, adult literacy programmes and out-of-school education for women, flexible training schedules, and general awareness-raising programmes to increase girls’ education and training.

6. The Committee notes that the Government indicates that discriminatory laws and regulations will be reviewed by a task force set up under the Ministry of Women and Social Welfare. The Committee also notes that the CEDAW Committee, in its concluding observations, has expressed its concern about the interpretation of discriminatory laws by the Supreme Court and the Court’s view that, if any laws do not conform with culture and tradition, society will be disrupted. The Committee asks the Government to supply further information on the legislative review undertaken by the Ministry of Women and Social Welfare, in particular as regards legislation designed to ensure equality between men and women in employment and occupation, and to indicate whether any measures are envisaged to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing the relevant legislation on equality. Please also supply copies of any Supreme Court decisions providing an interpretation of discriminatory laws relevant to the employment of women.

Recalling that its previous comments related to discrimination on the basis of sex and political opinion, the Committee requests the Government to also include in its next report information on measures taken or planned to promote equality of opportunity and treatment in employment and occupation on all the other grounds listed in Article 1(1)(a) of the Convention, i.e. race, colour, national extraction and social origin, including action with regard to inequality experienced by members of the various ethnic groups, tribes and castes.