Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. In its previous comments, the Committee noted that the Child Labour (Prohibition and Regulation) Act of 2000 (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”. The Government indicated that the Act does not adequately cover the informal economy and that it is very difficult to enforce the provisions of the Convention in the informal economy due to limited infrastructure and financial resources. The Committee also noted from the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies that formal employment agreements accounted for only 10 per cent of all employment relationships, so the Child Labour Act does not apply to 90 per cent of employment relationships. This report further indicated that working children were mainly found performing informal economic activity in quarries and mines, domestic servitude, agriculture and portering.

The Committee notes the Government’s statement in its report that the Labour Act of 1992, Children’s Act, 1992 and the Child Labour Act are being revised. These draft laws stipulate that labour inspectors shall inspect all work places to identify child labour. The Government further indicates that it is preparing to empower labour inspectors to monitor child labour, including in the informal economy. The Committee expresses the firm hope that the draft Labour Act, the Children’s Act and the Child Labour Act which empower labour inspectors to inspect all workplaces, including the informal economy, will be adopted in the near future. It requests that the Government provide information on any progress made in this regard. It also requests that the Government provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate so as to monitor child labour in the informal economy.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3(2) of the Child Labour Act prohibit 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 prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. It also noted that the Child Labour (Prohibition and Regulation) Act, 2000, listed different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years.

The Committee notes the Government’s indication that the draft Child Labour Act contains provisions prohibiting the employment of children under 18 years in hazardous work. It also notes the Government’s statement that a draft list of types of hazardous work, which contains approximately 29 occupations and activities prohibited for children and minors, has been developed in consultation with the workers’ and employers’ organizations. The Committee expresses the firm hope that the list of types of hazardous work prohibited for children under 18 years of age will be finalized and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee requested that the Government indicate if provisions had been adopted concerning the required vocational training or instruction for persons between 16 and 18 years as a precondition for work, pursuant to section 32A(1) and (2) of the Labour Act. It also requested that the Government provide information on the measures taken to ensure that persons between 16 and 18 years are only permitted to perform hazardous types of work if their health, safety and morals are fully protected.

The Committee notes the Government’s statement that because it is envisaged that the employment of children under 18 years in hazardous work will be prohibited under the draft laws, it appears not to be necessary to have any directives ensuring the safety and protection of children of 16 to 18 years in such work. The Committee notes, however, that some of the activities contained in the proposed list of hazardous work, appears to be prohibited in the case of children under 16 years, for example, any work related to: adventures and sports tourism; transportation of passengers and heavy goods; garment, handloom, power loom and embroidery; and household chores or domestic work. The Committee once again recalls that Article 3(3) of the Convention only authorizes the employment or work of young persons between the ages of 16 and 18 years in hazardous work under specific conditions, namely that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests that the Government take the necessary measures to ensure that persons between 16 and 18 years are only permitted to perform hazardous types of work if their health, safety and morals are fully protected and that they have received adequate training in that activity. It requests that the Government provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes the information provided by the Government, in its report, on the measures taken and envisaged for the abolition of child labour, including the development of the draft National Master Plan on Child Labour 2014–20 with the aim of eliminating child labour by 2020, and a National Child Labour Policy, which are awaiting approval from the Government. However, the Committee notes from the report on the Annual Household Survey 2013–14, that 29.4 per cent of children aged between 5 and 14 years are economically active, with a higher percentage of female children (33.9 per cent) than male children (25.3 per cent). Seventy per cent of the working children work for twenty hours or less per week, while 5.5 per cent work for 40 hours or more. Among working children, 76.5 per cent are engaged in agricultural works and 19.3 per cent in other works. The Committee also notes from the Trafficking in Persons National Report of the National Human Rights Commission of March 2016 that despite several programmes being implemented by the Government to prevent children from becoming involved in child labour and its worst forms, an average of 500,000 students enrolled in grades one to ten drop out each year in Nepal. The Committee finally notes that the Committee on Economic, Social and Cultural Rights (CESC), in its concluding observations of 12 December 2014, expressed concern at the high number of children under the minimum age that work in agriculture, quarries and mines, domestic servitude and pottery factories. The CESC also expressed concern at the weak enforcement of the legislation which prohibits child labour and the lack of information on the impact of awareness-raising campaigns conducted by the state party (E/C.12/NPL/CO/3, paragraph 21). The Committee expresses its deep concern at the significant number of children under the minimum age who are engaged in child labour in Nepal, and urges the Government to strengthen its efforts, including through the approval and effective implementation of the National Master Plan on Child Labour 2014–20, to eliminate child labour. It requests that the Government continue to provide information on the measures taken in this regard, and on the results achieved.

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