Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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 previously noted 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. Section 17(1) and (2) of the National Broadcasting Act establishes penalties on persons who broadcast or help to broadcast any programme in contravention of the Act, including imprisonment. In this regard, the Committee noted that, pursuant to section 10A(1) of the Prisons Act, a penalty of imprisonment may be replaced by an obligation to perform community service. The Committee observed that these provisions gave rise to the possibility that sanctions of compulsory labour (in the form of community service without pay) could be imposed for the expression of political views or views ideologically opposed to the political, social or economic system. The Committee requested information on the application of the National Broadcasting Act in practice.

The Committee notes the Government’s statement that no person holding or expressing a political view ideologically opposed to the established political, social or economic system has been subjected to forced or compulsory labour as a means of punishment. The Committee notes an absence of information on the application of the National Broadcasting Act. The Committee therefore requests the Government to provide information on whether the Government has, pursuant to section 7 of the National Broadcasting Act, prohibited the broadcast of any programmes pertaining to any subjects. It also requests the Government to provide information on the application of section 17(1) and (2) 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 the Forced Labour Convention, 1930 (No. 29), concerning 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.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. The Committee previously noted that section 2(d) of the Public Offences (Crime and Punishment) Act prohibits acts improperly obstructing the regular operation of essential social services. Pursuant to section 6(1) of the Act, offenders violating section 2(d) shall be punished with fines or imprisonment of up to two years (which, as stated above, may involve an obligation to perform compulsory labour through community service). The Committee therefore requested the Government to take measures to amend the Public Offences (Crime and Punishment) Act to bring it into conformity with the Convention, and to provide a copy of the Essential Services Mobilization Act of 1957.

The Committee notes that the Essential Services Mobilization Act of 1957 provides for penalties of imprisonment for the participation in strikes. Section 3 provides that the Government may, for the sake of public welfare, ban strikes in any necessary services, as prescribed, through an order in the Gazette, and section 4 of the Act provides that any employee who organizes, participates in, or holds a strike may be liable to imprisonment for six months (or a fine). However, the Committee notes the Government’s statement that there have been no reported cases of punishment on the basis of participation in a strike by authorities. The Committee also notes the information in the Government’s report that the Ministry of Labour and Transport Management is in the process of undertaking a Labour Market Reform which includes the amendment of existing laws and regulations to, inter alia, make them more conducive to the changed political environment.

The Committee recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes. It refers in this connection to the explanations contained in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, in which it has considered that, regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. The Committee therefore requests the Government to take the necessary measures, within the framework of the ongoing review of labour legislation, to ensure that section 6(1) of the Public Offences (Crime and Punishment) Act and the Essential Services Act are amended so as to ensure that penalties of imprisonment (involving the possibility of the imposition of compulsory labour through community service) cannot be imposed for participation in a strike. It requests the Government to provide information on measures taken in this regard in its next report.