Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nepal (Ratification: 1995)

Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative stated that by ratifying the Convention Nepal had accepted tripartite cooperation as a basis for the formulation of laws and policies and decision-making regarding the application of international labour standards. The benefit of such consultations for economic development and social justice was fully recognized. Tripartite cooperation had been undertaken on many issues, such as occupational safety and health, elimination of bonded labour and child labour, or the issue of HIV/AIDS. Tripartite consultations were pursued in the formulation of labour migration policy and the preparation of a decent work action plan. The institutional mechanism for tripartite consultation was the Central Labour Advisory Board, which could make recommendations to the Government on labour matters. The Government, in cooperation with the Board, had organized the second Labour Conference in Kathmandu in January 2005, where a declaration was adopted containing a commitment of achieving labour relations that would be a cornerstone for successful nation-building.

The workers' and employers' representatives on the Central Labour Advisory Board were nominated by their respective organizations. In addition to the formally nominated representatives, additional participants took part in the meetings and expressed their views, a practice which was believed to be in conformity with Article 3 of the Convention. A permanent secretariat for the Board had been established in the Ministry of Labour and Transport Management, but the social partners had sought no direct administrative support. In fact, workers' and employers' organizations had developed facilities to carry out the activities envisaged by the Convention. Social partners were involved in all training and workshops regarding labour matters organized by the Ministry, except in-house training for Ministry staff.

The Government was aware that the obligation of consultation under Article 5(1)(d) of the Convention went beyond the communication of reports. It was established practice to circulate draft reports in advance of meetings to discuss in detail reports on Conventions, questionnaires, or proposals for submission and to incorporate the comments made by the social partners. The documents were only sent to the ILO when all the social partners agreed, and copies were forwarded to workers' and employers' organizations. No annual report pursuant to Article 6 of the Convention had been prepared in the last three years. The Ministry would prepare such a report as and when all social partners deemed it necessary. Finally, the Government would convey to the ILO any future developments with regard to the application of the Convention in practice.

The Worker members expressed their strong concern at the situation prevailing in Nepal, its repercussions for the Nepali trade union movement, and on civil society in the country. It was the responsibility of the Conference Committee not only to assess whether the legislation was in conformity with this Convention, which was ratified by Nepal in 1996, but also to establish how it functioned in practice.

The Worker members noted with great concern the number of issues on which the Committee of Experts requested detailed and updated information from the Government as to how it implemented essential provisions of the Convention.

With regard to effective tripartite consultations, the Committee requested that the Government describe in detail the nature and form of the relevant procedures and to indicate whether the necessary consultations had taken place, as required under Article 2 of the Convention.

The Government was also invited to describe how worker and employer representatives on consultative bodies were chosen and how the Government ensured that they were represented on an equal footing, as required under Article 3 of the Convention.

With regard to administrative support and training, requests were made of the Government to report on any financial means allocated for training of participants in procedures covered by Article 4 of the Convention.

With regard to tripartite consultations required by the Convention, the Committee acknowledged that consultations had been held concerning the possible ratification of Conventions Nos. 87 and 105, and particularly expressed its thanks to the ILO Kathmandu Office for the assistance it provided.

However, the Committee also noted that in certain cases reports required under article 22 of the ILO Constitution, were simply communicated to the social partners rather than consulting with them as required under Article 5, paragraph 1(d), of Convention No. 144, which appeared to be in breach of the Convention.

Finally, as concerns the operation of the consultative procedures, the Committee requested that the Government indicate the scope and outcome of any consultations held with representative organizations as it related to the production of an annual report on the working of procedures covered by the Convention.

The Worker members expressed concern at the paradoxical situation prevailing in Nepal, where the Government had supposedly put in place various bodies and mechanisms designed to fulfil the requirements laid down by the Convention and then had replaced consultations with the social partners with legal appeals filed by lawyers of these social partners against arbitrary detentions, decrees banning public gatherings and demonstrations, lack of registration of trade union organizations and other breaches of fundamental rights at work.

The Worker members noted that when the King had assumed direct executive powers in February 2005 and had declared a state of emergency, hundreds of citizens had been arbitrarily detained, including nearly two dozen trade union activists, trade union offices were monitored, searched and at times closed down, union meetings had been forbidden and rallies had been banned, while registration of several union organizations had been refused. Several union leaders had been jailed in the last three months, some of them women, and often held in appalling conditions. Six of them remained in detention.

A number of basic constitutional rights were suspended, starting with trade union rights, but also included the right to freedom of expression and assembly; the right to information; the right to property; the right to privacy; and the right to constitutional remedy. Press censorship was imposed and so was the generalized practice of preventive detention, applied, amongst many others, to leaders of journalists' trade unions.

Tensions between the King and civil society parties continued to run high. In April 2005 the King lifted the state of emergency, which was due to expire. However, many basic citizens' rights including freedom of the press and freedom of assembly remained suspended.

Many of these events had been directly witnessed by the international union movement as they had unfolded during the meeting of the Executive Board of the Asian and Pacific Organization of the International Confederation of Free Trade Unions (ICFTU) in Kathmandu. The President of the ICFTU-affiliated Nepal Trade Union Congress (NTUC), Laxman Basnet, who was also a member of the ILO Governing Body, had had to meet the ICFTU Executive clandestinely. He then had had to leave the country, in order to escape arrest.

Throughout these tragic events, the ILO Office in Kathmandu had played a remarkable role in assisting Nepal's social partners and had intervened on their behalf with the authorities. The Kathmandu ILO Office and its Director deserved to be congratulated by the Committee.

Beyond these events, however, the ILO deserved recognition for many other achievements in Nepal, such as its long-standing efforts to promote social dialogue and training as well as other work aimed, among other things, at securing ratification by Nepal of Convention No. 169 on indigenous and tribal peoples. Many observers had noted that ratification of this important instrument could contribute significantly to helping the country to overcome the dramatic internal armed conflict, which had cost hundreds of workers their lives.

With continued technical support from the ILO, the concept and approaches of social dialogue had been well taken and adopted by the ILO constituents in the country. A series of dialogues had been concluded and a bipartite core group had been formed to discuss a seven-point agenda, which included social security and labour flexibility among others. A 19-point guideline to reform the existing labour legislation had been developed and agreed between the employers and the workers.

However, it was highly regrettable that government interference in trade union affairs put these positive developments under threat. The unions had faced difficulties in registering their affiliates and had complained about being barred from access to the Department of Labour.

Trade unions had warned the Government that they might withdraw from the ongoing bipartite social dialogue on labour law reform if the Government did not cease to interfere in union activities. There were strong reasons to believe that the Government was trying to eliminate the entire trade union movement in the country because it saw unions as a threat to direct rule by the King.

And finally, with regard to the issue of tripartite consultations, the Government had forwarded the credentials of its delegates to the 93rd Session of the Conference without due consultation of the social partners. The country's three national federations had not been properly consulted regarding their representatives to this Conference.

The Worker members welcomed the lifting of the emergency in Nepal and urged the Government to respect the fundamental rights of freedom of association to make effective tripartite consultation meaningful since it was a sine qua non for tripartite consultation. They welcomed the intervention of the ILO Director-General for the concern expressed about the security of Mr Basnet, Worker Member of the ILO Governing Body. They hoped for a rapid end to civil strife in the interest of peace and security - social progress of Nepal nation. In these efforts, the Government should seek the cooperation of the trade union movement by developing social dialogue and strengthening tripartism in the country. The Worker members believed that the Government should be strongly urged by the Committee to respond to all the questions raised in detail by the Committee of Experts concerning implementation of the Convention. A further request was also made to take full advantage of ILO technical assistance with a view, not only to overcoming problems in the implementation of this Convention, but also to lifting any obstacles that might prevent it from ratifying other ILO fundamental Conventions. This included Convention No. 87, and with the continued cooperation of the ILO to enable it to ratify, Convention No. 169.

The Employer members recalled that Nepal had ratified the Convention in 1995 and welcomed the undertaking by the Government of Nepal to promote tripartite consultations. This case was examined by the Conference Committee for the first time.

The language of the Convention, with regard to the choice of consultation mechanism was flexible, but the procedures should, however, be determined after consultation with the most representative organizations. The Employer members further highlighted that the employers' and workers' organizations were not bound by the final decision or the position adopted by the Government and noted the Government's indication to the effect that representatives of employers and workers were freely chosen by their organizations, and that it had set up a permanent secretariat at the Central Labour Advisory Board in 2004. They emphasized, however, that it had to be clear that this structure was responsible for the procedures referred to in the Convention and further questioned whether the Government of Nepal consulted the most representative organizations when compiling information and preparing reports to be forwarded to the ILO. Finally, the Employer members urged the Government to apply procedures that would ensure effective consultations.

An observer of the International Confederation of Free Trade Unions (ICFTU) stated that in the absence of freedom of association in the country no real tripartism was possible. The Government had banned all kinds of trade union activities and the unions of public employees, teachers and the press had been attacked recently. At the same time, fake unions had been set up and submitted for accreditation at the present session of the Conference. In this regard, a case was pending before the Credentials Committee. Further, changes in the Labour Law had been made without consultation, as well as changes in the press legislation. Due to the state of emergency, many peaceful workers had been killed.

The Government member of Pakistan recalled the vital importance of the Convention for the social partners. The Government was making extensive efforts to implement tripartite consultations at all levels and had made various efforts to ensure effective consultations on all matters covered by the Convention. A permanent Central Labour Advisory Board had been established. The Government had made it a tradition to consult workers' and employers' representatives before drawing up replies to the report dealing with ILO Conventions. The speaker expressed the hope that the Government would not only continue its efforts to have extensive consultations under the terms of the Convention but also provide in time information on the steps taken to hold such consultations in the framework of the Convention.

The Government representative emphasized that the political situation in the country was very difficult as the Government had to fight Maoist terrorism. It was in these circumstances that the Government had to declare the state of emergency, which had suspended several legislative acts implementing Conventions ratified by Nepal. This radical measure had to be taken in order to ensure the security and therefore the freedoms of Nepal's citizens. However, the state of emergency had ended and many of the suspended rights had been restored. There were no more restrictions imposed on the freedom of assembly. The Government was not interfering in trade union activities and was fully aware of the importance of social partnership. As regards the tripartite representation in this Conference, the Government indicated that all questions in this respect were duly replied to in the Credentials Committee.

The Worker members stated that, while ensuring security in the country was a legitimate concern of the Government, the respect of the right to freedom of association was equally an important matter. The situation with respect to freedom of association was serious and the Government was requested to rectify the situation as a matter of urgency and engage in a meaningful social dialogue. This would be a crucial contribution towards achieving peace and social progress in Nepal.

The Employer members stated that the Government should fully respond on the issues raised by the Committee of Experts with regard to the procedures for effective tripartite consultations and take full advantage of technical assistance to continue to strengthen the social dialogue process which appeared to have commenced. The Employer members finally took note of the comments made by the Worker members on the positive role of the ILO Office in Kathmandu in helping the Government reinforce social dialogue, and recommended the strengthening of the role of technical assistance in this respect.

The Committee took note of the statement by the Government representative and of the discussion that ensued. The Government representative had supplied information on the tripartite meetings that had taken place in Nepal and the matters that had been discussed. According to the Government representative, the social partners were able to participate freely in the consultations and all the meetings held by the authorities were open to all social partners.

The Committee, noting the exceptional circumstances of the country, called for social dialogue and expressed the view that Convention No. 144 could contribute to the restoration of democracy and to the process of peace building. The Committee was of the view that the consultations that had taken place in the Central Labour Advisory Committee seemed to be insufficient. The Committee noted that the Office could contribute, through technical assistance, to promoting a sincere and constructive social dialogue among all the parties concerned within the scope of Convention No. 144. The Committee invited the Government to take all appropriate measures to promote tripartite dialogue on international labour standards. It also requested the Government to supply a report for the next session of the Committee of Experts on the progress achieved in guaranteeing effective tripartite consultation in a manner satisfactory to all the parties concerned, including information on the functioning of the procedures provided for in the Convention. The Government was also requested to note the deep concern expressed in the Conference Committee at the present situation pertaining to the respect of fundamental rights in the country and its impact on the exercise of tripartite consultations.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 5 of the Convention. Effective tripartite consultations. The Government reports that the Labour Act, 2017 and the Labour Regulation, 2018, provide for the establishment and composition of three different bodies to ensure tripartite consultations concerning labour relations: the Central Labour Advisory Council, the Minimum Remuneration Fixation Committee; and the Labour Coordination Committee. The Government indicates that in each of these consultative bodies employers’ and workers’ representatives are on an equal footing. In addition, it notes with interest that in addition to an equal number of employers’ and workers’ representatives on the Central Labour Advisory Council and the Minimum Remuneration Fixation Committee, both groups must include a minimum number of women representatives. The Government refers to section 102 of Labour Act, 2017, which provides for convening the Central Labour Advisory Council to give advice on labour issues to the Government. It adds that the Council meets at least 3 times a year, but additional consultations can be held as needed. Noting that the Government does not provide information on the tripartite consultations held pursuant to Article 5(1) of the Convention, it requests that the Government provide detailed updated information on the content and outcome of the tripartite consultations held by the Central Labour Advisory Council on all matters concerning international labour standards set out in Article 5(1) of the Convention: replies to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5 of the Convention. Effective tripartite consultations. In its 2016 direct request, the Committee requested the Government to report on the measures taken to promote tripartite consultations on international labour standards, and the frequency and nature of such consultations. In addition, the Committee requested the Government to provide full particulars on the content and outcome of tripartite consultations held in respect of Article 5(1) of the Convention. The Government reports that the mechanisms and procedures for tripartite consultations include: the Central Labour Advisory Council, the Minimum Wage Fixation Committee, the Labour Coordination Committee and the International Labour Standards Reporting Committee. The Committee notes the Government’s indication that representatives of the tripartite constituents are invited and involved in discussing reporting requirements, commissioning studies on unratified Conventions and determining the Government’s response and comments at the International Labour Conference. In respect to the frequency in which the tripartite consultations are held, the Government indicates that, in 2018, there were 46 meetings. The Committee notes that the agenda of the 106th and 107th International Labour Conferences were shared among the constituents and consultations were also held on the Government’s proposed comments. In addition, the 2014 Protocol to the Forced Labour Convention, 1930 (No. 29), the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), were shared and discussed among the constituents. Tripartite consultations were also held during the reporting period regarding the reports to be made to the ILO on the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Weekly Rest (Industry) Convention, 1921 (No. 14), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Minimum Wage Fixing Convention, 1970 (No. 131), the Forced Labour Convention, 1930 (No. 29), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Abolition of Forced Labour Convention, 1957 (No. 105), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Minimum Age Convention, 1973 (No. 138), the Worst Forms of Child Labour Convention, 1999 (No. 182), the Social Protection Floors Recommendation, 2012 (No. 202) and the Occupational Safety and Health Convention, 1981 (No. 155) (Article 5(1)(d)). The Government indicates that a total of 20 tripartite consultations were held in 2016 and 2017 on Convention No. 155 and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). The Committee once again requests the Government to provide information on the measures taken to promote tripartite consultations on international labour standards. The Committee further requests that the Government provide updated detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and on reports on ratified Conventions (Article 5(1)(d)).

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that consultations were undertaken in 2014 with regard to the reports to be made to the ILO on the Migration for Employment Convention (Revised), 1949 (No. 97), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee notes, however, that the Government’s report replies only partially to its request for information on each of the matters enumerated in Article 5(1). The Committee therefore reiterates its request that the Government report on the measures taken to promote tripartite consultations on international labour standards. Please also provide information on the frequency with which consultations are held, and whether these consultations are conducted in writing, or through meetings with the most representative employers’ and workers’ organizations. The Committee also requests the Government to provide full particulars on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and on reports on ratified Conventions (Article 5(1)(d)).

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 which includes information on the various tripartite committees established, such as the tripartite Employment Policy Formulation Steering Committee and the National Labour Relations Improvement Committee. With regard to the consultations required by the Convention, the Government indicates that formal and informal mechanisms have been developed to steer the system of tripartite consultations. The Committee also notes that the Ministry of Labour and Employment called a meeting with employers and trade unions for the discussion of the agenda of the International Labour Conference in 2013 (Article 5(1)(a) of the Convention). Moreover, the 2012 report on the application of the Convention was communicated to the social partners and suggestions from the organizations have been incorporated in the report (Article 5(1)(d)). The Government further indicates that no submission was made to the Parliament of Nepal pursuant to article 19 of the ILO Constitution and no consultations were held in the reporting period on the ratification and implementation of unratified Conventions. The Committee invites the Government to continue to report on the measures taken to promote tripartite consultations on international labour standards, as required by the Convention. In particular, the Committee invites the Government and the social partners to examine measures to be taken to hold “effective consultations” on the proposals made to Parliament when submitting the instruments adopted by the Conference (Article 5(1)(b) of the Convention). It also invites the Government to provide information in its next report on the consultations held on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification, as appropriate (Article 5(1)(c)).

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 which includes information on the various tripartite committees established, such as the tripartite Employment Policy Formulation Steering Committee and the National Labour Relations Improvement Committee. With regard to the consultations required by the Convention, the Government indicates that formal and informal mechanisms have been developed to steer the system of tripartite consultations. The Committee also notes that the Ministry of Labour and Employment called a meeting with employers and trade unions for the discussion of the agenda of the International Labour Conference in 2013 (Article 5(1)(a) of the Convention). Moreover, the 2012 report on the application of the Convention was communicated to the social partners and suggestions from the organizations have been incorporated in the report (Article 5(1)(d)). The Government further indicates that no submission was made to the Parliament of Nepal pursuant to article 19 of the ILO Constitution and no consultations were held in the reporting period on the ratification and implementation of unratified Conventions. The Committee invites the Government to continue to report on the measures taken to promote tripartite consultations on international labour standards, as required by the Convention. In particular, the Committee invites the Government and the social partners to examine measures to be taken to hold “effective consultations” on the proposals made to Parliament when submitting the instruments adopted by the Conference (Article 5(1)(b) of the Convention). It also invites the Government to provide information in its next report on the consultations held on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification, as appropriate (Article 5(1)(c)).

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2012. The Government indicates that it has been promoting social dialogue on a bipartite and tripartite basis wherever and whenever possible. It recalls that tripartism has been firmly institutionalized and all the major policy decisions and legislative initiatives are the result of tripartite consultations and consensus. The Government reports that all committees established under the Ministry of Labour and Employment which are related to labour, industrial relations, occupational safety and health and child labour are tripartite in their composition. In addition, all matters related with the agenda of the International Labour Conference or articles 19 and 22 of the ILO Constitution are discussed with the social partners. The Government also reports that if any new problems or issues emerge in the future, they will also be sorted out through tripartite consultations and consensus. The Committee notes that the third National Labour and Employment Conference, held on 9–11 July 2012, was organized with technical and financial support from the ILO Nepal Office and concluded with the endorsement of a 15-point declaration. One point in the declaration refers to the development and promotion of good labour relations and the creation of a trusted tripartite environment. The Committee invites the Government to report on the adoption and operation of any new procedure that ensures effective consultations with respect to matters concerning the activities of the ILO set out in the Convention (Article 2(1) of the Convention). The Committee also asks the Government to include in its next report specific information on the content and outcome of the consultations held regarding international labour standards, as required by Article 5(1) of the Convention, and especially on questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the National Assembly, and reports to be made on the application of ratified Conventions.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2010. It notes that this report adds no new details or additional information to what was said in 2008. The Government states that it maintains its firm belief in the principle and value of tripartite consultation for maintaining harmonious labour relations in the country. It also refers to a draft law regarding a Labour Commission prepared in 2008. The Committee also notes that the new legislation will incorporate the mechanisms for tripartite consultation. The three social partners are still represented in tripartite committees formed under previous legislation. The Government also recalls that the representatives of the employers and workers are consulted at various levels while preparing different reports or proposals for submission of the instruments adopted by the Conference to the National Assembly. The Committee refers to its previous comments and invites the Government to report on the adoption and operation of any new procedure that ensures effective consultations with respect to matters concerning the activities of the ILO set out in the Convention (Article 2(1) of the Convention). It also invites the Government to include in its next report specific information on the content of the consultations held regarding international labour standards, as required by Article 5(1) of the Convention, and especially on questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the National Assembly, and reports to be made on the application of ratified Conventions.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Strengthening social dialogue. Support of the Office. In its 2006 observation, the Committee welcomed the consultations held in the Central Labour Advisory Committee and other tripartite committees, with the active involvement of the ILO Office in Kathmandu. It emphasized that, in view of the circumstances in the country, there are opportunities to further deepen tripartite consultation and to intensify social dialogue in Nepal. The Office has the technical capacity to help strengthen social dialogue and support the activities of the Government, employers’ and workers’ organizations to engage in the consultations required by the Convention, as a contribution to restoring democracy and the process of peace building. In this regard, the Committee notes with interest the information provided by the Government in the report for the period 2006–07. It notes that article 154 of the Interim Constitution of Nepal established a National Labour Commission and a draft Labour Commission Act 2008 has also been prepared. The Government states that the new Act will be a remarkable achievement once it is approved by the Constituent Assembly. The Government states that it has a staunch and firm belief in the principle and value of tripartite consultations for maintaining harmonious labour relations in the country. The Committee refers to the 2008 Declaration on Social Justice for a Fair Globalization, which states that “social dialogue and the practice of tripartism between governments and the representatives of organizations of workers and employers within and across borders are now much more relevant to achieving solutions and building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore invites the Government and the social partners to continue to report on measures taken to promote tripartite consultation on international labour standards, as required by Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Tripartite consultations required by the Convention. The Government indicates in its report that every effort has been made by the Government of Nepal to ensure consultations regarding the matters concerning the activities of the ILO, as provided for in Article 5, paragraph 1, of the Convention. The Government prefers to consult with the representatives of the social partners at various levels while preparing various reports or replies on the agenda of the Conference or before making proposals on the submission of the instruments adopted by the Conference to the competent authorities. All reports to be made to the ILO under article 22 are prepared in consultation with the social partners before dispatch. During the reporting period, some 79 meetings were held at the initiative of the Ministry of Labour to address various labour-related issues under the principle of tripartite consultations. The Committee further notes with interest that a book containing the instruments adopted by the Conference between June 1995 and June 2006 has been prepared and is ready to be submitted to Parliament for its consideration. The Committee recalls that the ratifications of Conventions Nos 105 and 169 were registered in August and September 2007. The Committee again welcomes this approach, including the assistance that the ILO is providing to the social partners in the field, and reiterates that social dialogue and, in particular, the tripartite consultation required by Convention No. 144 could contribute to promoting democracy and decent work in Nepal.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Restoration of democracy. In reply to its 2005 and 2006 observations, in which the Committee and the Conference Committee expressed their deep concern regarding the respect of fundamental rights in the country and its impact on the exercise of tripartite consultations, the Committee notes the Government’s report received in September 2006. The Government indicates that many acts and regulations are in the process of being amended to address the changed political context. An interim Constitutional Statute has been formulated to pave the way for the election of the Constituent Assembly. Tripartism has been firmly institutionalized and all the major policy decisions and legislative initiatives have been formulated under the chair of the Director-General of the Department of Labour and Employment Promotion. The Government has requested both workers’ and employers’ organizations to sit together and make recommendations based on consensus. The Government firmly believes in the principle and value of tripartite consultations for maintaining cordial labour relations in the country. The Committee welcomes this approach and reiterates that social dialogue, and in particular the tripartite consultation required by Convention No. 144, could contribute to promoting democracy and decent work in Nepal. It would appreciate continuing to receive information in the Government’s next report on the measures taken to promote tripartite consultation on international labour standards.

2. Tripartite consultations required by the Convention. The Government states that it has made every effort to ensure effective consultations between and among the representatives of the Government, workers and employers on matters relating to the activities of the ILO, as set out in Article 5, paragraph 1, of the Convention. The Government refers to a tripartite consultation meeting organized by the ILO Office in Kathmandu to discuss the prospects for the ratification of Conventions Nos. 87, 102 and 105, including a high-level meeting to share international experience on the ratification of Convention No. 87. The Committee understands that, on 28 August 2006, members of Parliament passed a resolution directing the Government of Nepal to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee invites the Government to continue reporting on the progress made in relation to the tripartite consultations held concerning the ratification of fundamental and other Conventions, such as Conventions Nos. 102 and 122 on social protection and employment policy (Article 5, paragraph 1(c), of Convention No. 144).

3. Strengthening social dialogue. Support of the Office. The Government indicates in its report that there have been consultations concerning the preparation of article 22 reports, replies to questionnaires on the 1998 Declaration, a draft National Plan of Action on Decent Work, Labour and Employment Policy, the use of the National Level Welfare Fund, the design and implementation of occupational safety and health standards, and programmes on bonded labour and child labour. These consultations are held in the Central Labour Advisory Committee and other tripartite committees, with the active involvement of the ILO Office in Kathmandu. The Committee once again welcomes this approach and emphasizes that, in view of the present circumstances in the country, there are opportunities to further deepen tripartite consultation and to intensify social dialogue in Nepal. The Office has the technical capacity to help strengthen social dialogue and support the activities of the Government, employers’ and workers’ organizations to engage in the consultations required by the Convention, as a contribution to restoring democracy and the process of peace building.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report requested by the Conference Committee has not been received.

1. Restoration of democracy. The Committee notes the deep concern expressed in the Conference Committee in June 2005 at the current situation pertaining to the respect of fundamental rights in the country and its impact on the exercise of tripartite consultations. It recalls that the Conference Committee requested the Government to supply a report for this session of the Committee of Experts on the progress achieved in guaranteeing effective tripartite consultation in a manner satisfactory to all the parties concerned, including information on the functioning of the procedures provided for in the Convention.

2. Social dialogue. The Committee reaffirms its conviction that social dialogue, and in particular the tripartite consultation required by Convention No. 144, could contribute to the restoration of democracy and to the process of peace building. The Office could contribute, through technical assistance, to promoting a sincere and constructive social dialogue among all the parties concerned within the scope of Convention No. 144. The Committee invites again the Government to take all appropriate measures to promote tripartite dialogue on international labour standards.

3. Effective tripartite consultations. In its 2004 observation, the Committee requested the Government to describe in detail the procedures established to ensure effective tripartite consultations, indicating how the nature and form of these procedures are determined and whether consultations with the representative organizations took place for this purpose (Article 2 of the Convention).

4. Free choice of representatives and equal representation. The Government had indicated in its previous report that the representatives of employers and workers are freely chosen by their representative organizations and that they are represented on an equal footing in all consultative bodies. The Committee invites again the Government to describe how these representatives are chosen, indicating the measures taken to ensure their representation on an equal footing in these bodies (Article 3).

5. Administrative support and training. The Government had mentioned the setting up in 2004 of a permanent secretariat at the Central Labour Advisory Board, further to the request made by the representative organizations. The Committee requests the Government to indicate whether this secretariat is responsible for providing administrative support for the procedures covered by the Convention and invites it to provide information on the arrangements made for financing any necessary training of participants in these procedures (Article 4).

6. Tripartite consultations required by the Convention. The Government had indicated that consultations took place on the matters covered by Article 5, paragraph 1, following the assistance of the ILO Kathmandu Office concerning a possible ratification of Conventions Nos. 87 and 105. The Committee recalls once again that the reports to be submitted under article 22 of the ILO Constitution are generally prepared in collaboration with the social partners, except in certain cases where the Government simply communicates to them a copy of the report sent to the Office. In this regard, it emphasizes again that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation of communication of reports under article 23, paragraph 2, of the ILO Constitution as it consists, in this case, in holding consultations on matters that may arise from those reports. Reports that the employers’ and workers’ organizations may transmit to the Office cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee invites the Government to indicate how observance of this provision is ensured and requests it in general to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the report, specifying their purpose, their frequency and the nature of any reports or recommendations resulting from these consultations. Please also report on progress made in relation to the tripartite consultations held for ratifying Conventions Nos. 29, 87, and 169.

7. Operation of the consultative procedures. The Committee again requests the Government to indicate whether the representative organizations were consulted with regard to the production of an annual report on the working of the procedures covered by the Convention and, if so, to state the outcome of these consultations. Please communicate a copy of any report drawn up under Article 6 or any other useful information on the practical application of the Convention.

8. Strengthening social dialogue. Support of the Office. The Committee remains convinced that, in view of present circumstances in the country, there are opportunities to deepen tripartite consultations still further and to intensify social dialogue in Nepal. The Office has the technical capacity to help strengthen social dialogue and support the activities that governments, employers’ and workers’ organizations undertake for the consultations required by the Convention, as a contribution to restoration of democracy and to the process of peace building.

9. In view of the importance of tripartite consultations on international labour standards, the Committee trusts that the Government will provide a report containing information on progress made in holding effective consultations on the subjects covered by the Convention.

10. The Committee hopes that the national authorities and the social partners will be able to benefit from the Office’s technical assistance and trusts that the Government’s next report will contain replies to all the matters raised in this observation.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in November 2003 and September 2004, and in particular the efforts made to implement tripartite consultations at both regional and local levels. The recommendations formulated by the tripartite committee, recently set up under the auspices of the Director-General of the Department of Labour and Employment Promotion, should enable the application of the Convention to be reinforced in practice. The Government indicates that tripartite consultations are necessary to maintain cordial labour relations and for this purpose it commits itself to institutionalizing this procedure even further. A procedure for revising labour legislation, with which the social partners are associated, is currently in progress. The Committee requests the Government to continue to provide detailed information to allow a detailed examination of the effect given to each of the provisions of the Convention. It would appreciate receiving additional information on the following points.

1. Effective tripartite consultations. The Government indicates that it made numerous efforts to ensure effective tripartite consultation on the matters covered by Article 5, paragraph 1, particularly by the setting up of numerous tripartite committees or councils, mainly constituted under the auspices of the Ministry of Labour and Transport Management. The Central Labour Advisory Board, which takes care of regular consultations at national level under section 62 of the 1992 Labour Code, plans to organize a second national labour conference. The Committee requests the Government to describe in detail the procedures established to ensure effective tripartite consultations, indicating how the nature and form of these procedures are determined and whether consultations with the representative organizations took place for this purpose (Article 2 of the Convention).

2. Free choice of representatives and equal representation. The Government indicates that the representatives of employers and workers are freely chosen by their representative organizations and that they are represented on an equal footing in all consultative bodies. The Committee invites the Government to describe how these representatives are chosen, indicating the measures taken to ensure their representation on an equal footing in these bodies (Article 3).

3. Administrative support and training. The Government mentions the setting up in 2004 of a permanent secretariat at the Central Labour Advisory Board, further to the request made by the representative organizations. The Committee requests the Government to indicate whether this secretariat is responsible for providing administrative support for the procedures covered by the Convention and invites it to provide information on the arrangements made for financing any necessary training of participants in these procedures (Article 4).

4. Tripartite consultations required by the Convention. The Committee notes that it is now current practice for the Government to consult the representatives of employers and workers before drawing up replies to any questionnaire or submitting any report dealing with the Convention, or making any proposals to the competent authorities. The Government indicates that consultations took place on the matters covered by Article 5, paragraph 1, particularly thanks to the assistance of the ILO Kathmandu Office concerning a possible ratification of Conventions Nos. 87 and 105. The Committee notes that the reports to be submitted under article 22 of the ILO Constitution are generally prepared in collaboration with the social partners, except in certain cases where the Government simply communicates to them a copy of the report sent to the Office. In this regard, it recalls that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation of communication of reports under article 23, paragraph 2, of the ILO Constitution as it consists, in this case, in holding consultations on matters that may arise from those reports. Reports that the employers’ and workers’ organizations may transmit to the Office cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee invites the Government to indicate how observance of this provision is ensured and requests it in general to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the report, specifying their purpose, their frequency and the nature of any reports or recommendations resulting from these consultations.

5. Operation of the consultative procedures. The Committee again requests the Government to indicate whether the representative organizations were consulted with regard to the production of an annual report on the working of the procedures covered by the Convention and, if so, to state the outcome of these consultations. Please communicate a copy of any report drawn up under Article 6 or any other useful information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s replies, received in September 2000 and September 2001, to its 1998 direct request. The Government states that the acceptance of tripartite consultation has been growing as a tool for dialogue to arrive at a decision on almost all issues concerning industrial relations and labour welfare. The Committee welcomes this statement, but considers that the replies received contain insufficient information to facilitate an examination of the effect given to the provisions of the Convention. It therefore once again requests the Government to supply detailed replies to the questions contained in the report form with regard to Articles 3 and 4 of the Convention.

Article 2. Please describe the nature and form of procedures to ensure that effective consultations are held on each of the questions set forth in Article 5, paragraph 1. Please describe the manner in which these procedures were determined and indicate any consultations which took place with representative organizations with this purpose.

Article 5. The Committee requests the Government to supply full and detailed information on the consultations held during the period covered by the next report on each of the questions set forth in paragraph 1. The Government is also requested to indicate the frequency of consultations and to provide details on the nature of reports and recommendations which arise therefrom.

Article 6. Please give particulars of the consultations that have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention, including a copy of the report or any other information bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

The Committee takes note of the Government's first report on the application of the Convention and in particular of the information to the effect that consultations take place in special tripartite bodies provided for in the Labour Code of 1992. However, the Committee notes that the information contained in the report does not allow it to assess fully the effect given to the provisions of the Convention. Recalling that the Convention relates primarily to tripartite consultations aimed at promoting the implementation of international labour standards, the Committee requests the Government to provide in its next report detailed replies to the questions contained in the report form with regard to each Article, in particular by describing the procedures for consultations between representatives of the Government, employers and workers on international labour standards (Articles 2, 3 and 4 of the Convention), and by indicating, where appropriate, the purpose of the consultations that are held in implementation of Article 5, paragraph 1.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's first report on the application of the Convention and in particular of the information to the effect that consultations take place in special tripartite bodies provided for in the Labour Code of 1992. However, the Committee notes that the information contained in the report does not allow it to assess fully the effect given to the provisions of the Convention. Recalling that the Convention relates primarily to tripartite consultations aimed at promoting the implementation of international labour standards, the Committee requests the Government to provide in its next report detailed replies to the questions contained in the report form with regard to each Article, in particular by describing the procedures for consultations between representatives of the Government, employers and workers on international labour standards (Articles 2, 3 and 4 of the Convention), and by indicating, where appropriate, the purpose of the consultations that are held in implementation of Article 5, paragraph 1.