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

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, 1993 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 notes the Government’s statement, in its report, that there have been no incidences of prohibiting the broadcast of any programmes and that no one has been tried under section 17(1) and (2) of the National Broadcasting Act. With regard to compulsory labour of prisoners, the Government states that there has not been a practice of engaging an imprisoned person for compulsory labour or community service unless the prisoner applies for it. In this regard, the Committee notes the provisions under section 10A of the Prisons Act, which states that the adjudicating officer may send an offender sentenced to imprisonment for not less than three years to perform community service. In this regard, the Committee takes due note of the Government’s statement that according to rule 16A of the Prisons Rules, 1964, engaging a prisoner for compulsory labour or community service shall be possible only through an application submitted by the prisoner to the adjudicating officer. The adjudicating officer has the authority to screen and approve the applications of prisoners, after obtaining permission from the concerned court, and cannot force them to undertake community service.

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 under section 10A of the Prisons Act, may involve an obligation to perform compulsory labour through community service). The Committee also noted that the Essential Services Mobilization Act of 1957 provides for penalties of imprisonment for participation in strikes. Section 3 of the Essential Services Mobilization Act 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). The Committee requested the Government 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.

The Committee takes due note of the Government’s statement that in all cases, the provision of community service is activated only through the formal application of a prisoner, pursuant to rule 16A of the Prisons Rules.