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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 requests the Government to refer 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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

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.