Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Nepal (Ratification: 1997)

The Committee notes the information provided by the Government in its reports. The Committee also notes with interest that Nepal ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 3 January 2002. The Committee notes the information contained in the Government’s report, according to which the Child Labour (Prohibition and Regulation) Act, 2000, is not yet in force. The Government indicates that the Act is in a consultation process with various agencies for implementation, because there are certain provisions which have attracted the attention of activists, development workers, employers and the Government who would like to see these provisions revised. The Government indicates in its report that during the process of consultation all the issues raised by the Committee of Experts in its previous direct request would be given high consideration and modifications would be made wherever applicable. The Committee would draw the Government’s attention to the following comments in respect of the Child Labour Act.

Article 2, paragraph 1, of the Convention. The Committee notes that section 3(1) of the Child Labour Act of 2000 provides that no one shall employ as labourers children who have not completed 14 years of age. The same Act does not define the notion of "employment", nor that of "labourer". The Committee recalls that the Convention applies not only to work performed by children and young persons under an employment contract, but to all types of work or employment. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 3. The Committee notes that section 3(2) of the Child Labour Act of 2000, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any hazardous work or enterprises listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons in dangerous machines and in operations which are hazardous to health. The Committee recalls that the minimum age for admission to types of employment or work which are likely to jeopardize the health, safety or morals of young persons should be not less than 18 years, under Article 3, paragraph 1, of the Convention, and that in accordance with Article 3, paragraph 3, of the Convention, derogations may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that they have received adequate specific instruction or vocational training. The Committee requests the Government to indicate the measures which have been taken to give effect to Article 3 in this respect.

The Committee notes the list of hazardous occupations in the schedule to the Child Labour Act of 2000 and requests indications on whether it has been determined in consultation with the workers’ and employers’ organizations concerned.

Article 8. The Committee notes that section 6 of the Child Labour Act of 2000 stipulates that "an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children". The Committee draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may by permits granted in individual cases allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. Recalling that the specified minimum age for admission to employment or work in Nepal is 14 years of age, the Committee considers that approval for young persons below 14 years of age to take part in artistic activities should be granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee would therefore request the Government to provide information on the specific nature of the activities and cultural programmes mentioned in section 6 of the Child Labour Act. The Committee also requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Part V of the report form (read in conjunction with Article 1 of the Convention). The Committee notes with interest the information contained in the Government’s report according to which the country is committed to eliminate child labour. A national master plan against child labour is to be approved by the Government. Following the development of a five-year IPEC strategic plan (2001-05) to eliminate the worst forms of child labour in Nepal, the Government committed Nepal in May 2000 to implement time-bound programmes on the worst forms of child labour. This programme started in 2002 and covers children working in areas including bonded labour, mining, carpet manufacturing and domestic work.

The Committee also notes the information provided by the Government in its report, according to which no comprehensive study has been conducted concerning data on children’s employment. The Government states that children engaged in domestic work and in agricultural firms are commonplace in society, and that it is an economic as well as a social problem. The Government indicates that there is evidence of child workers in agriculture, and that there are programmes that deal with this issue. According to ILO-IPEC’s last National Child Labour Survey for Nepal (1996), about 42 per cent of children from 5 to 14 years of age work, representing some 2.6 million children out of 6.2 million in that age group. The Committee requests the Government to provide, if available, statistical data on the employment of children, figures on complaints filed with the Labour Office, details on violations reported, as well as enforcement actions taken.

The Committee notes that the Child Labour Act of 2000 was endorsed by both Houses of Parliament in 2000 and published in the state Nepal Gazette on 21 June 2000. The Committee notes the Government’s statement that the Child Labour Act is still undergoing a consultation process. In this regard, the Committee would strongly encourage the Government to ensure that, during this consultation process, full account is taken of the Committee’s detailed comments on discrepancies between the Child Labour Act and the Convention. The Committee requests the Government to keep it informed of progress made in enacting or amending the Child Labour Act. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation in conformity with the Convention.