Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Child Labour Act which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government had been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO–IPEC Time-bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee had further noted the Government’s information that the Labour and Employment Policy of 2005 which spells out the policy of eliminating child labour would adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children were employed in the informal sector, the Committee had requested the Government to continue its efforts to enforce the minimum age provisions in the informal sector.

The Committee notes the Government’s indication that though the labour inspections show a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. To address this problem, the Government has split the Labour and Employment Promotion Department into the Foreign Employment Department and the Labour Department. The Committee notes the Government’s statement that the Labour Department which deals only with domestic labour issues has organized five workshops to strengthen the capacity of labour officers and factory inspectors to take up the issues of child labour seriously. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that measures will be adopted very soon under the Labour and Employment Policy of 2005 with a view to abolishing child labour both in the formal and the informal sectors. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. It requests the Government to provide information on this subject. The Committee finally requests the Government to provide information on any progress made following its discussions with the social partners for the improvement of the Child Labour Act, in particular the application of the minimum age provisions in the informal sector.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of 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 on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years.

Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee therefore once again reminds the Government that Article 3(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 not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee had reminded the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

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”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again recalls that Article 8 of the Convention allows exceptions to 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 once again requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee also notes the Government’s indication that the Ministry of Labour and Transport Management implemented five programmes on skill development and awareness raising focused on guardians of children who were employed from which 250 guardians benefitted.

The Committee further notes the Government’s information that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Committee also notes that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.