Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. In its previous observations, the Committee regretted that section 61 of the Civil Service Act, 1993, as well as certain provisions of the Municipality (Working Arrangement) 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 service employees may be removed or dismissed from service for participating in partisan politics. The Committee notes the Government’s statement that section 61 of the Civil Service Act and the relevant provisions of the other regulations only prohibit civil servants from actively working as members of a political party or from organizing a political party in order to compete with other parties in national politics, while being on the payroll of the Government. The Government further states that the provisions concerned do not prevent civil servants and public employees from having any conviction concerning national politics and that there are unions of civil servants and public employees which strongly express their views in the national political process. The Committee takes due note of these clarifications and requests the Government to continue to provide information on the manner in which the prohibition for civil servants and public employees to participate in partisan politics is applied in practice, including information on instances in which the application of the provisions in question has led to the dismissal of civil servants or public employees.

2. The Committee recalls its previous comments concerning section 10 of the Civil Service Act, 1993, which provides that those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post in the civil service, and section 61(2) of the Act which provides that "moral turpitude" constitutes a ground for removal or dismissal from service and disqualification from government service in the future. In respect of section 10 of the Civil Service Act, the Committee notes from the Government’s latest report that there is no established list of criminal offences which are considered to involve "moral turpitude", but that the competent court makes such a determination on a case-by-case basis. The Committee asks the Government to continue to provide information in future on the types of cases in which section 10 is applied. Concerning section 61(2), the Committee understands that a criminal conviction is not necessary for removal or dismissal, but that the determination of whether an act or behaviour constitutes "moral turpitude" is made by the competent court also on a case-by-case basis. The Committee asks the Government to identify the criteria used to determine "moral turpitude" and to provide examples of cases involving exclusions from the civil service on the basis of section 61(2) of the Civil Service Act.

3. The Committee recalls the complaint dated 27 July 1998 submitted to UNESCO by the Nepal National Teachers’ Association alleging the murder of 11 teachers and the arrest of 15 others in the context of police action aimed at suppressing Maoist activities. While recognizing the Government’s need to ensure the security of the State, the Committee hopes that the Government will make every effort to avoid taking overly broad measures that negatively impact on the lives and employment of public servants, teachers and all other workers, and that anyone suspected of prejudicing the security of the State will be afforded legal process in accordance with the Convention.

The Committee is addressing a request directly to the Government on other points.