Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nepal (Ratification: 2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Communication of the legislation. The Committee requests the Government to supply with its next report a copy of the Essential Services Act 1957, as well as copies of the legislation governing public meetings and demonstrations.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that section 7 of the National Broadcasting Act permits the Government by notice in the Government Gazette to prevent any programme pertaining to any subject, event or area from being broadcast. It also notes that section 17(1) and (2) of the National Broadcasting Act establishes penalty provisions for any person who broadcasts or helps broadcasting any programme in contravention of the Act. Under the above provisions, offenders may be punished with imprisonment, which may be replaced by an obligation to perform community service, under section 10A(1) of the Prisons Act. The Committee observes that these interlocking provisions may have the effect that a person expressing political views or views ideologically opposed to the political, social or economic system, in contravention of the National Broadcasting Act, may be required to perform compulsory labour (in the form of community service without pay) as punishment for expressing those views. The Committee therefore requests the Government to provide information on the application of these provisions of the National Broadcasting Act in practice, including copies of any court decisions defining or illustrating their scope and indicating the penalties imposed.

Article 1(b). Compulsory work or service for public purposes. The Committee refers to its comments addressed to the Government under Convention No. 29, also ratified by Nepal, in which it pointed out that the scale and nature of the service provided for in article 29 of the Constitution and in the provisions of the Local Self-Governance Act might raise questions of compliance with the Convention.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. The Committee notes section 2(d) of the Public Offences (Crime and Punishment) Act, which prohibits acts improperly obstructing the regular operation of essential social services. The Committee further notes that, under section 6(1) of the same Act, offenders violating the above provision shall be punished with fines or imprisonment of up to two years (which may be substituted by an obligation to perform community work, as explained above). The Committee therefore requests the Government to take the necessary measures to amend the above provisions of the Public Offences (Crime and Punishment) Act in order to bring them into conformity with the Convention so that no penal sanction involving compulsory labour may be imposed against a worker for having carried out a peaceful strike. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions and indicating the penalties imposed.