Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Legislative developments. The Committee notes with interest the adoption on 1 June 2011 of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011), providing that no one shall commit, or attempt to commit, or cause, aid, abet, or provoke anyone to commit, caste-based discrimination and untouchability (section 3). Caste-based discrimination and untouchability is defined in section 4 as any act based on “custom, tradition, religion, culture, rituals, caste, race, descent, community or occupation”, and is prohibited in a wide range of circumstances, including with respect to carrying on a profession or business; producing, selling or distributing any goods, services or facilities; in employment or remuneration. The Act also prohibits demonstrating “any other kind of intolerant behaviour” and disseminating or transmitting any material, etc., denoting hierarchical supremacy of a particular caste or race, or any conduct indicating caste-supremacy or hatred (section 4). Pursuant to the Act, a complaint may be lodged with the police, or if the police fail to register the complaint, the person may seek the assistance of the Dalit Commission to pursue the complaint (section 5). Sanctions for violation of the provisions regarding employment and remuneration include one month to one year imprisonment or a fine of 500 to 10,000 Nepalese rupees (NPR), or both (section 7(1)(b)). The Committee also notes the Government’s indication that the Sexual Harassment at the Workplace Bill was approved by Cabinet, submitted to Parliament, and a parliamentary subcommittee was established; however, due to the dissolution of Parliament, the process has been suspended. The Committee asks the Government to provide information on the practical application of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2011, including the number, nature and outcome of any complaints lodged pursuant to section 5, as well as the role of the National Dalit Commission in this regard, and steps taken to raise awareness of the Act. The Committee also asks the Government to continue to provide information on the status of the Sexual Harassment at the Workplace Bill, as well as on the steps taken to ensure that it defines and prohibits both quid pro quo and hostile environment harassment. Noting that the labour legislation reform process is still under way, the Committee asks the Government to ensure that the new legislation defines and prohibits direct and indirect discrimination, on at least all the grounds set out in Article 1(1)(a) of the Convention, and covers all workers and all aspects of employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.