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

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

The Committee takes due note of the Government’s information that the Child Labour (Prohibition and Regulation) Act entered into force in November 2004. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that section 3(1) of the Child Labour Act provides that no one shall employ as labourers children who have not completed 14 years of age. It had also noted that the Act does not define the notion of "employment", nor that of "labourer". Recalling that the Convention applies to all types of work or employment, the Committee had requested the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified by the Government (14 years) to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s indication that the Act does not adequately cover the informal sector. It also notes that the Government has been carrying out discussions with the social partners for the improvement of the Act. Thus, a study was commissioned by the ILO/IPEC time-bound programme (TBP) supported action programme to identify the gaps in the Act to make it compatible with the Convention. In particular, the notions of "employment" and "labourer" will be defined. The Committee further notes the Government’s indication that it will remain effortful to apply the minimum age provisions to the informal sector as well. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 3. Hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise 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. Recalling that, in accordance with Article 3, paragraph 3, of the Convention, derogations from the age of admission to hazardous work may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that the young persons concerned have received adequate specific instruction or vocational training, the Committee had requested the Government to indicate the measures which have been taken to give effect to Article 3 in this respect. The Committee notes the Government’s indication that the jobs and occupations listed in the schedule to the Act are not considered as hazardous and that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons. The Government states that once the hazardous types of work are identified it would be easier and practical to raise the age up to 18 years. The Committee once again reminds the Government that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall be not less than 18 years. The types of hazardous employment or work, pursuant to Article 3, paragraph 2, of the Convention, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee accordingly requests the Government to take the necessary measures and to provide information on progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act 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 had noted that, pursuant to Article 8 of the Convention, approval for children 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. It had requested 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 notes the Government’s information that such performances are of short duration and are carried out in a way and by the agencies which are sensitive to the rights of the children. It also notes the Government’s indication that so far, there has not been any effort made to issue permits on a case-by-case basis and to regulate the hours and conditions. This will be discussed with workers’ and employers’ organizations in future. Recalling that Article 8 of the Convention allows exceptions from the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases, the Committee trusts that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted with interest the information contained in the Government’s report according to which the country is committed to eliminate child labour. The Committee had also noted that a time-bound programme (TBP) was launched in June 2002 with the assistance of ILO/IPEC and covers children working in areas including bonded labour, mining, carpet manufacturing and domestic work. The Committee had requested 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, according to the ILO/IPEC progress reports on the implementation of the TBP of July and December 2004, the initial objectives of the TBP were modified to achieve less ambitious and shorter-term objectives due to the political and economic crisis that has paralysed the country. The Committee also notes the Government’s information that a strong association is found between the incidence of poverty and child labour. According to the Labour Force Survey 1998/99, about 2 million children (41 per cent) in the age group 5-14 were involved in work in Nepal. According to the National Living Standard Survey 2003-04 carried out by the Central Bureau of Statistics, the incidence of child labour is about 31 per cent. The Committee also notes the Government’s statement that after the ratification of the Convention the incidence of child labour has decreased significantly in the formal sector. In spite of the limited capacity of labour inspectors in terms of human, physical and financial resources, they are working to implement the provisions of the Convention and are carrying out regular inspections of establishments. Several efforts are being made at tripartite levels. However, the use of child labour continues in the informal sector, where more than 95 per cent of the workers are engaged. The Committee further notes that reports or complaints on child labour are rare, because the violations occur mostly in the informal sector. It notes the Government’s indication that consultations are in progress among social partners and other stakeholders to devise an effective monitoring system in the informal sector. Noting that the Government faces a serious political and economic crisis, the Committee nevertheless remains deeply concerned at the number of children under the age of 14 who are working in the informal sector. It strongly encourages the Government to renew its efforts to progressively improve the situation and to provide detailed information on measures taken in this regard.

The Committee requests the Government to continue to supply information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services as well as the number and nature of the contraventions reported and penalties imposed.