Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee thanks the Government for providing information in reply to its previous comments and requests it to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes the Government’s indication that a tripartite consultation process with a view to drawing up a new Labour Act had been initiated. The Committee welcomes the Government’s intentions to include a prohibition on sexual harassment in the new legislation. Recalling that, in Nepal, legal protection from discrimination is currently available under article 11 of the Constitution but not in labour legislation, the Committee urges the Government to consider introducing, in the new Labour Code, provisions on equality of opportunity and treatment in accordance with the Convention. The Committee requests the Government to keep it informed of any developments in this regard and encourages the Government to seek the ILO’s assistance on this matter.

2. Discrimination on the basis of political opinion. The Government has not replied to the Committee’s previous comments regarding the application of sections 10 and 61(2) of the Civil Service Act which provide that "moral turpitude" constitutes a ground for exclusion or removal from the civil service. Please provide information on the application of these provisions in practice, including information on the number of persons excluded or removed during the reporting period and the reasons for exclusion.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government with regard to the measures taken to promote women’s participation in gainful activities, including non-traditional jobs, in the formal and informal sectors through training, awareness raising and the provision of microcredits. It also notes that gender disaggregated data has been collected. The Government is requested to:

(a)  continue to provide information on the measures taken to promote gender equality in employment and occupation, and indications regarding their impact;

(b)  provide statistical information on the number of women that benefit from the socio-economic development programmes carried out under the Tenth Plan; and

(c)  provide statistical information on the number of men and women working in the various parts of the formal and informal sectors and on their participation in education and training.

4. Equality of opportunity and treatment on the basis of race and social origin. The Committee notes with interest that the Tenth Plan contains targeted policies, strategies and programmes for the development and empowerment of disadvantaged groups, such as the Dalits and indigenous peoples. The Committee requests the Government to provide information on:

(a)  the implementation and effect of the measures taken to promote equality of opportunity and treatment in employment and occupation of the Dalits and indigenous peoples;

(b)  the activities carried out by the National Dalit Commission to promote Dalits’ human rights, including equality with regard to education and employment; and

(c)  any consideration given to ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which has been recommended by the Committee on the Elimination of All Forms of Racial Discrimination (CERD/C/64/CO/5, paragraph 13).

5. Affirmative action. The Committee notes with interest that the Government is starting to take affirmative action as a means to promote women’s participation in gainful employment in the public sector. Women receive preferential treatment in the vocational and skill training programmes run by the Department of Labour and Employment Promotion and affirmative action had also been introduced in the form of educational scholarships for girls and disadvantaged communities. The Ministry of Labour and Transport Management has established a 10 per cent reservation for women, Dalits, and ethnic groups regarding foreign employment. Emphasizing that such measures are not only permitted under the Convention but also an important tool to promote equality of opportunity and treatment in employment and occupation, the Committee requests the Government to continue to provide information on any affirmative action envisaged and implemented, including results achieved.