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

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

Article 8 of the Convention. Artistic performances. The Committee previously noted that children under the age of 14 years participate in artistic performances and such activities are regulated by the Education Directives 2068 (2012) of the Ministry of Education. For participation of children in any artistic performance listed under the Education Directives, outside school, approval has to be sought from the District Education Office. It noted that a draft Children’s Act which contains provisions on children’s participation in artistic performances is being adopted.

The Committee notes the Government’s information in its report that the Act relating to Children, 2018 has been adopted. It notes that section 14 of this Act recognizes children’s (persons under 18 years) right to participate in sports, entertainment and cultural activities while section 66(m) provides for penalties for engaging a child in a magic or circus shows. Noting that the participation of children for artistic performance requires the approval of the District Education Office, the Committee once again requests the Government to indicate whether such permission is granted on the basis of individual permits and whether such permits limit the number of hours of, and prescribe the conditions for, such authorized work, in conformity with Article 8 of the Convention. The Committee once again requests the Government to provide a copy of the Education Directives 2068 or any other regulation that regulates the participation of children in artistic performances.

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

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that the Nepal Labour Force Survey (NLFS III) was conducted in 2017–18 by the Central Bureau of Statistics in collaboration with ILO. The Committee notes that according to the Nepal Child Labour Report of 2021, published by the ILO based on the data drawn from the NLFS III, the results of the survey shows a declining trend of overall child labour in Nepal, reaching 1.1 million in 2018 from 1.6 million in 2008. A significant decline is observed in the number of children in hazardous occupations (0.62 million in 2008 to 0.20 million in 2018). The child labour prevalence for children between 5 and 13 years is 18 per cent while it is 10 per cent for children between 14 and 17 years. Female children are more likely to be engaged in child labour (17 per cent than that of male children 14 per cent). This report also indicates that the National Master Plan II (NMP-II) on Child labour 2018-2028 that aims to eliminate all forms of child labour by 2025 has been approved.

The Committee further notes from the Government’s 6th and 7th periodic reports to the Committee on the Rights of the Child, submitted on 15 February 2022, that the labour inspectorate conducted 1,762 child labour inspections at workplaces during the 2020-21 fiscal year, and in collaboration with the National Child Rights Council and Civil Society Organisation prosecuted several employers and rescued more than 100 child labourers (paragraph 182). In addition, the Ministry of Labour, Employment and Social Security has been implementing child labour free local level campaigns where 26 local levels are already engaged and additional 50 local levels are set to join in 2021/22 (paragraph 181). The Committee welcomes the decline in the prevalence of child labour, including hazardous child labour and strongly encouragesthe Government to continue its efforts to ensure the progressive elimination of child labour, including through the implementation of effective measures within the framework of the National Master Plan II. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. In its previous comments, the Committee noted that the Labour Act of 2017 guarantees the right of labour inspectors to inspect all workplaces, including the informal economy. It also noted section 94(1)(g) of the Labour Act which states that the labour inspector shall inspect and find out whether children are employed or not and if found employed, shall rescue them immediately and take action against the employer.

In response to its previous comments concerning strengthening the capacity of the labour inspectorate, the Government indicates that the Occupational Safety and Health Centre has planned for 23 training activities for labour inspectors on various occupational safety and health related matters in the year 2022–23. However, the Committee notes from the Nepal Child Labour Report of 2021, that 87 per cent of children engaged in child labour are working in the agricultural sector, including 13.2 per cent in the production of goods for own use. The Committee therefore urges the Government to continue to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy or on their own account, particularly in the agricultural sector. It requests the Government to continue to provide information on the measures taken in this regard as well as the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the penalties imposed.

Article 3. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously observed that pursuant to sections 2(a) and 3(2) of the Child Labour (Prohibition and Regulation) Act, 2000 the prohibition on hazardous and risky jobs listed under Schedule 1, applies only to children under 16 years. Similarly, section 43(2) of the Labour Rules, 1993 also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee noted the Government’s indication that the draft list of types of hazardous work prohibited to children under 18 years, had been finalized and was awaiting adoption.

The Committee notes that the Government has not provided any information concerning the adoption of the draft list of types of hazardous work prohibited to children under 18 years, and instead refers to Schedule 1 of the Child Labour (Prohibition and Regulation) Act of 2000. The Committee, however, notes that according to section 7(6) of the newly enacted Act Relating to Children of 2018, every child, defined as persons who have not completed 18 years of age, shall be protected from being exploited economically and from activities that are harmful to their health, physical, mental, moral or social development. The Committee urges the Government to take the necessary measures to ensure the adoption of the draft list of types of hazardous work prohibited to children under 18 years, without further delay and to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age 16 years. The Committee previously noted that some of the activities contained in the proposed list of types of hazardous work, appeared to be prohibited only to children under 16 years. The Committee expressed the hope that the necessary measures would be taken to protect persons between 16 and 18 years who are engaged in hazardous types of work as laid down under Article 3(3) of the Convention.

The Committee notes the Government’s information that it is committed to protecting persons between 16 and 18 years who are engaged in hazardous work through school enrolment programmes, family support programmes and alternative care options through the National Child Rights Council and Provincial and Local Child Rights Committees. Recalling the provisions under Article 3(3) of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that children between 16 and 18 years of age may be permitted to perform hazardous work only on the condition that their health, safety and morals are fully protected and that they have received adequate training in that activity. 

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 8 of the Convention. Artistic performances. Following its previous comments, the Committee notes the Government’s information in its report, that, the draft Children Act contains provisions prohibiting the use of children under 16 years in artistic performances like the circus. The Government further refers to Rule 76 of the Education Rules, 2002 as amended which encourages schools to conduct extracurricular activities for students. The Committee requests the Government to provide a copy of the Children’s Act, once it has been adopted.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted from the report on the Annual Household Survey of Nepal 2013–14, that 29.4 per cent of children aged between 5 and 14 years were 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 20 hours or less per week, while 5.5 per cent work for 40 hours or more. Among working children, 76.5 per cent were engaged in agricultural work and 19.3 per cent in other work. The Committee also noted 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 1 to 10 dropped out of school each year in Nepal. The Committee further noted 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 who 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 notes the Government’s information in its report, that the National Master Plan to end Child Labour which aims to eliminate all forms of child labour by 2026, has been approved and that specific action plans for its effective implementation are being drafted by the concerned ministries. The Government further indicates that the coverage of the labour and occupational safety and health inspectors have been expanded and a manual for labour inspection training on child labour has been developed. In this regard, it notes the Government’s information that from 2016 to 2017, the Department of Labour and Occupational Safety conducted child labour inspections in 220 enterprises. Moreover, the Government states that a new National Labour Force Survey has been conducted by the Central Bureau of Statistics and its report will be published by the end of 2018. The Committee further notes from the Technical Progress Report of the ILO–IPEC project entitled “Towards Achieving the Elimination of the Worst Forms of Child Labour as Priority (ACHIEVE)” that within the framework of this project, 14 wards in the four municipalities of Bhaktapur and Kavre districts were declared as child labour free.

The Committee notes however, that according to the information from the ILO document, “Child Labour in Nepal”, 1.6 million children between 5–17 years are still involved in child labour in Nepal, including 621,000 children who are engaged in hazardous work. It also notes from the final draft of the National Master Plan to end Child Labour that although child labour seems to have decreased in some areas, it has increased in the majority of areas and there has therefore not been a significant improvement in the overall child labour situation in the country. While noting some of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour and in hazardous work in Nepal. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of child labour, including through the adoption and implementation of effective measures within the National Master Plan. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved. The Committee also requests the Government to continue to provide information on the inspections carried out by the labour and occupational safety and health inspectors, and on the number and nature of violations concerning the employment of children recorded and the penalties imposed. Lastly, it requests the Government to provide information on the findings of the National Labour Force Survey pertaining to child labour, disaggregated by age and gender.

Article 2(1). 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. In this regard, the Committee noted the Government’s statement that the Labour Act of 1992, Children’s Act, 1992 and the Child Labour Act were being revised and that those draft laws stipulate that labour inspectors shall inspect all workplaces to identify child labour.

The Committee notes the Government’s statement in its report that the new Labour Act of 2017 has been adopted and enforced while the Children Act and Child Labour Act are still in the process of revision. It notes the Government’s information that the Labour Act guarantees the right of labour inspectors to inspect all workplaces, including the informal economy. The Committee notes that section 94(1)(g) of the Labour Act, which spells out the powers, functions and duties of labour inspectors, states that the labour inspector shall inspect and find out whether children are employed or not and if found employed, shall rescue them immediately and take action against the employer. The Government further indicates that a Training for Trainers programme was organized for labour inspectors in collaboration with the Office of the Attorney-General. This programme has led to better coordination among officials both with regard to legal procedures to be followed and penalties to be applied in cases of violations of labour law. The Committee strongly encourages the Government to continue its efforts to strengthen the capacity and expand the reach of the labour inspectorate so as to better monitor child labour, including in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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 further noted the Government’s indication that the draft Child Labour Act contained provisions prohibiting the employment of children under 18 years in hazardous work and that a draft list of types of hazardous work, which contains approximately 29 occupations and activities prohibited for children and minors, had been developed in consultation with the workers’ and employers’ organizations.

The Committee notes the Government’s indication that the list of types of hazardous work prohibited to children under 18 years has been finalized and is awaiting to be incorporated into the Child Labour Act, before adoption. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under 18 years of age will be adopted in the near future. It requests the Government to 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 noted that some of the activities contained in the proposed list of hazardous work, appeared to be prohibited to 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 notes the Government’s indication that the necessary measures will be taken to ensure that persons between 16 and 18 years will only be permitted to perform hazardous work if their health, safety and morals are fully protected and that they have received adequate training in that activity. The Committee expresses the firm hope that the Government will take the necessary measures to protect persons between 16 and 18 years who are engaged in hazardous types of work, as laid down under Article 3(3) of the Convention. It requests the Government to provide information on any progress made in this regard.

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

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

Article 8 of the Convention. Artistic performances. Following its previous comments, the Committee notes the Government’s information, in its report, that, in practice, children under the age of 14 years participate in artistic performances and such activities are regulated by Education Directives 2068 (2012) of the Ministry of Education. The Directives have listed the co-curricular activities, including artistic performances that may be performed by children under the age of 14. For participation of children for any artistic performances listed under the Education Directives, outside school, approval has to be sought from the District Education Office. The Committee requests that the Government indicate whether permission for artistic performances, outside school, by children under the minimum age is granted by the District Education Office on the basis of individual permits and whether such permits limit the number of hours of, and prescribe the conditions for, such authorized work, in conformity with Article 8 of the Convention. The Committee requests that the Government provide a copy of the Education Directives 2068.

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

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.

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 8 of the Convention. Artistic performances. The Committee previously noted that section 6 of the Child Labour Act of 2000 stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It noted the Government’s indication that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that no effort had been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future.

The Committee once again notes an absence of information on this point in the Government’s report. In this regard, the Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee requests the Government to provide information on whether, in practice, children under the age of 14 participate in artistic performances. If so, the Committee once again requests the Government to take the necessary measures to ensure that children under 14 years of age who participate in artistic performances do so only on the basis of individual permits granted by the competent authority, which limit the number of hours of, and prescribe the conditions for, such authorized work, in conformity with Article 8 of the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that the Child Labour Act of 2000, which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It also noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee further noted the Government’s indication that although labour inspections showed a negligible incidence of child labour in the formal sector, this phenomenon was more likely to be prevalent in the informal sector.

The Committee once again notes the Government’s statement that it is very difficult to enforce the provisions of the Convention in the informal sector due to limited infrastructure and financial resources. The Committee also notes the information in the Report on the Nepal Labour Force Survey (of 2008), produced by the Central Bureau of Statistics, in conjunction with the ILO and United Nations Development Programme (UNDP), that 82 per cent of working children who are under the minimum age are engaged in agricultural occupations, most of whom perform this work outside of a formal labour relationship and on an unpaid basis (page 139). Moreover, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Nepal of 1 and 3 February 2012 entitled “Internationally recognized core labour standards in Nepal” that formal employment agreements account for only 10 per cent of all employment relations, so the Child Labour Act is not enforced for 90 per cent of employment relationships. This report further indicates that working children are mainly found performing informal economic activity in quarries and mines, domestic servitude, agriculture and portering. Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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, also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee also noted the Government’s statement 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. In this respect, the Committee recalled that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.

The Committee notes the Government’s reference to the interim Constitution of 2007, and observes that article 22(5) of the interim Constitution of 2007 prohibits employing a minor in factories, mines or in any other such hazardous work. However, the Committee observes that the term “minor” is not defined in this legislation. In addition, the Committee notes an absence of information in the Government’s report on measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to provide information on the definition of the term “minor” in article 22(5) of the interim Constitution of 2007. Moreover, recalling that pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take the necessary measures without delay to determine the types of hazardous work which are prohibited for persons under 18 years.

Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee reminded the Government 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 notes that section 32A(1) of the Labour Act (as amended in 2000), states that minors (defined as persons between 16 and 18 pursuant to section 2(i)) shall not be engaged in work without adequate directives about the concerned working areas or vocational training. Section 32A(2) states that provisions shall be as prescribed regarding adequate directives about the concerned working areas or vocational training to be given to minors pursuant to section 32A(1). The Committee requests the Government to indicate if provisions have been adopted concerning the required vocational training or instruction for persons between 16 and 18 as a precondition for work. Moreover, the Committee requests the Government to 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.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the Department of Labour has been making efforts to enforce the provisions of the Convention. The Government indicates that the Ministry of Local Development has begun a child-friendly local governance programme, which has the elimination of child labour as one of its main components. The Committee also notes that an ILO–IPEC project was launched in the country in 2011 in order to support the implementation of Nepal’s National Master Plan on the Elimination of Child Labour of 2011–20. The Committee further notes the Government’s statement that due to the awareness programmes implemented by the Government through Radio Nepal, there has been a decrease in child labour, as indicated in the Nepal Labour Force Survey. In this regard, the Committee notes the information in the Report on the Nepal Labour Force Survey that the percentage of children between the ages of 5 and 14 who were economically active has declined from 40.9 per cent in 1998–99 to 33.9 per cent in 2008.

Nonetheless, the Committee notes the information in the Report on the Nepal Labour Force Survey that there remain approximately 2,111,000 children between 5 and 14 who are economically active. This Report further indicates that 13.4 per cent of children between the ages of 5 and 9, and 52.7 per cent of children between the ages of 10 and 14, are economically active. In addition, the Committee notes that the Committee on the Elimination of Discrimination Against Women, in its concluding observations of 11 August 2011, expressed concern about the high rate of child labour in the country, particularly among girls between the ages of 8 and 14 (CEDAW/C/NPL/CO/4-5, paragraph 29). The Committee therefore 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 pursue its efforts, including within the framework of the National Master Plan on the Elimination of Child Labour and in collaboration with the ILO–IPEC with child friendly, gender sensitive programming, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved. It also requests the Government to provide a copy of the National Master Plan on the Elimination of Child Labour, with its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 8 of the Convention. Artistic performances. The Committee previously noted that section 6 of the Child Labour Act of 2000 stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It noted the Government’s indication that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that no effort had been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future.

The Committee once again notes an absence of information on this point in the Government’s report. In this regard, the Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee requests the Government to provide information on whether, in practice, children under the age of 14 participate in artistic performances. If so, the Committee once again requests the Government to take the necessary measures to ensure that children under 14 years of age who participate in artistic performances do so only on the basis of individual permits granted by the competent authority, which limit the number of hours of, and prescribe the conditions for, such authorized work, in conformity with Article 8 of the Convention.

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

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that the Child Labour Act of 2000, which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It also noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee further noted the Government’s indication that although labour inspections showed a negligible incidence of child labour in the formal sector, this phenomenon was more likely to be prevalent in the informal sector.

The Committee once again notes the Government’s statement that it is very difficult to enforce the provisions of the Convention in the informal sector due to limited infrastructure and financial resources. The Committee also notes the information in the Report on the Nepal Labour Force Survey (of 2008), produced by the Central Bureau of Statistics, in conjunction with the ILO and United Nations Development Programme (UNDP), that 82 per cent of working children who are under the minimum age are engaged in agricultural occupations, most of whom perform this work outside of a formal labour relationship and on an unpaid basis (page 139). Moreover, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Nepal of 1 and 3 February 2012 entitled “Internationally recognized core labour standards in Nepal” that formal employment agreements account for only 10 per cent of all employment relations, so the Child Labour Act is not enforced for 90 per cent of employment relationships. This report further indicates that working children are mainly found performing informal economic activity in quarries and mines, domestic servitude, agriculture and portering. Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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, also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee also noted the Government’s statement 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. In this respect, the Committee recalled that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.

The Committee notes the Government’s reference to the interim Constitution of 2007, and observes that article 22(5) of the interim Constitution of 2007 prohibits employing a minor in factories, mines or in any other such hazardous work. However, the Committee observes that the term “minor” is not defined in this legislation. In addition, the Committee notes an absence of information in the Government’s report on measures taken to determine the types of hazardous work prohibited to children under the age of 18. The Committee therefore requests the Government to provide information on the definition of the term “minor” in article 22(5) of the interim Constitution of 2007. Moreover, recalling that pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take the necessary measures without delay to determine the types of hazardous work which are prohibited for persons under 18 years.

Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee reminded the Government 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 notes that section 32A(1) of the Labour Act (as amended in 2000), states that minors (defined as persons between 16 and 18 pursuant to section 2(i)) shall not be engaged in work without adequate directives about the concerned working areas or vocational training. Section 32A(2) states that provisions shall be as prescribed regarding adequate directives about the concerned working areas or vocational training to be given to minors pursuant to section 32A(1). The Committee requests the Government to indicate if provisions have been adopted concerning the required vocational training or instruction for persons between 16 and 18 as a precondition for work. Moreover, the Committee requests the Government to 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.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the Department of Labour has been making efforts to enforce the provisions of the Convention. The Government indicates that the Ministry of Local Development has begun a child-friendly local governance programme, which has the elimination of child labour as one of its main components. The Committee also notes that an ILO–IPEC project was launched in the country in 2011 in order to support the implementation of Nepal’s National Master Plan on the Elimination of Child Labour of 2011–20. The Committee further notes the Government’s statement that due to the awareness programmes implemented by the Government through Radio Nepal, there has been a decrease in child labour, as indicated in the Nepal Labour Force Survey. In this regard, the Committee notes the information in the Report on the Nepal Labour Force Survey that the percentage of children between the ages of 5 and 14 who were economically active has declined from 40.9 per cent in 1998–99 to 33.9 per cent in 2008.

Nonetheless, the Committee notes the information in the Report on the Nepal Labour Force Survey that there remain approximately 2,111,000 children between 5 and 14 who are economically active. This Report further indicates that 13.4 per cent of children between the ages of 5 and 9, and 52.7 per cent of children between the ages of 10 and 14, are economically active. In addition, the Committee notes that the Committee on the Elimination of Discrimination Against Women, in its concluding observations of 11 August 2011, expressed concern about the high rate of child labour in the country, particularly among girls between the ages of 8 and 14 (CEDAW/C/NPL/CO/4-5, paragraph 29). The Committee therefore 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 pursue its efforts, including within the framework of the National Master Plan on the Elimination of Child Labour and in collaboration with the ILO–IPEC with child friendly, gender sensitive programming, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved. It also requests the Government to provide a copy of the National Master Plan on the Elimination of Child Labour, with its next report.

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

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

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that the 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”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government had been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO–IPEC Time-bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee had further noted the Government’s information that the Labour and Employment Policy of 2005 which spells out the policy of eliminating child labour would adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children were employed in the informal sector, the Committee had requested the Government to continue its efforts to enforce the minimum age provisions in the informal sector.

The Committee noted the Government’s indication that though the labour inspections show a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also noted the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. To address this problem, the Government has split the Labour and Employment Promotion Department into the Foreign Employment Department and the Labour Department. The Committee noted the Government’s statement that the Labour Department which deals only with domestic labour issues has organized five workshops to strengthen the capacity of labour officers and factory inspectors to take up the issues of child labour seriously. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that measures will be adopted very soon under the Labour and Employment Policy of 2005 with a view to abolishing child labour both in the formal and the informal sectors. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. It requests the Government to provide information on this subject. The Committee finally requests the Government to provide information on any progress made following its discussions with the social partners for the improvement of the Child Labour Act, in particular the application of the minimum age provisions in the informal sector.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits 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, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years.

Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observed that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee therefore once again reminded the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the 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 had reminded the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalled that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. The Committee noted that the Government’s report does not contain any information on this point. The Committee therefore once again recalled that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee once again requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee noted the Government’s information that, as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee also noted the Government’s indication that the Ministry of Labour and Transport Management implemented five programmes on skill development and awareness raising focused on guardians of children who were employed from which 250 guardians benefitted.

The Committee further noted the Government’s information that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Committee also noted that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the 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”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government had been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO–IPEC Time-bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee had further noted the Government’s information that the Labour and Employment Policy of 2005 which spells out the policy of eliminating child labour would adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children were employed in the informal sector, the Committee had requested the Government to continue its efforts to enforce the minimum age provisions in the informal sector.

The Committee notes the Government’s indication that though the labour inspections show a negligible incidence of child labour in the formal sector, it is more likely to be prevalent in the informal sector. It also notes the Government’s information that it is very difficult to enforce the provisions of this Convention in the informal sector due to limited infrastructure and financial resources. To address this problem, the Government has split the Labour and Employment Promotion Department into the Foreign Employment Department and the Labour Department. The Committee notes the Government’s statement that the Labour Department which deals only with domestic labour issues has organized five workshops to strengthen the capacity of labour officers and factory inspectors to take up the issues of child labour seriously. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that measures will be adopted very soon under the Labour and Employment Policy of 2005 with a view to abolishing child labour both in the formal and the informal sectors. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government, in the context of adopting measures to strengthen the capacity of labour inspectors, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for the children working in the informal sector. It requests the Government to provide information on this subject. The Committee finally requests the Government to provide information on any progress made following its discussions with the social partners for the improvement of the Child Labour Act, in particular the application of the minimum age provisions in the informal sector.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits 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, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s statement that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee further noted the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly had observed that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years.

Noting the Government’s reference to the Labour Act of 1992 and Labour Rules of 1993, the Committee observes that even under the above Acts, no higher minimum age has been fixed for work which is likely to jeopardize the health, safety or morals of young people, other than night work. The Committee therefore once again reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3(1) of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee had reminded the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee once again requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, as a result of the programmes implemented by the Ministry of Labour and Transport Management and the Kathmandu Metropolitan City related to child domestic workers, during the years 2007 to 2009, 694 child domestic workers were provided with informal education, 1,237 child domestic workers were admitted to schools, and 100 child domestic workers were provided with vocational skill development training. The Committee also notes the Government’s indication that the Ministry of Labour and Transport Management implemented five programmes on skill development and awareness raising focused on guardians of children who were employed from which 250 guardians benefitted.

The Committee further notes the Government’s information that within the framework of the ILO–IPEC project entitled “Sustainable Elimination of Child (Bonded) Labour in Nepal, Phase II”, 5,554 children (2,887 girls and 2,667 boys) were prevented from bonded labour and provided educational support, 1,232 children (798 girls and 434 boys) were withdrawn from bonded labour and provided informal education, together with income generating support to these families up to May 2009. The Committee also notes that according to the data collected by the Central Children Welfare Committee (CCWC) under the Ministry of Women, Children and Social Welfare, a total of 22,981 cases of worst forms of child labour were registered from 59 districts. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the 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”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government has been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO/IPEC Time-bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee notes the Government’s information that the Labour and Employment Policy 2005 spells out the policy of eliminating child labour by developing alternatives in accordance with the national and international commitments articulated by the Government of Nepal, the private sector, donor community, and employers’ and workers’ organizations. It further notes that this policy will adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children are employed in the informal sector, the Committee requests the Government to continue its efforts to enforce the minimum age provisions in the informal sector. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 134(2) of the Labour Rules, 1993, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s information that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee notes the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly observes that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years. The Committee would nevertheless once again remind the Government that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3, paragraph 1, of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3, paragraph 2, of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. The Committee reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that “an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. Recalling that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases, the Committee requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the report of the periodic inspections by labour inspectors show negligible incidences of child labour. According to the consolidated factory inspection reports of 2006, the figure of the child labour incidence stood at 0.37 per cent. It also notes that these inspections were conducted in the organized sector, whereas the majority of children are employed in the informal sector. The Committee notes the Government’s information that it is very difficult to enforce the provisions of the Convention in the informal sector due to the limited institutional infrastructure and financial resources. In order to address this problem, the Government is conducting workshops to strengthen the capacity of labour officers and factory inspectors to take up the issue of child labour seriously.

The Committee further notes that the ILO/IPEC TBP which was launched in 2002 has been successful in addressing the situation of child domestic workers, trafficking in children, child porters and carpet weavers. According to the ILO/IPEC Progress Report 2006 on the TBP in Nepal, a total of 8,884 children were withdrawn from the child domestic sector achieving 96 per cent success in this sector, 1,090 children from the carpet industry, and 2,310 children from the child porter sector. The Committee notes the Government’s information that the Ministry of Labour and Transport Management (MOLTM) has reached an agreement with the Kathmandu Metropolitan Corporation, according to which the latter will enrol all the home-based child workers in schools while the former would provide the financial assistance. The Committee requests the Government to provide detailed information on the measures taken to improve the situation of child labour in the informal sector. It also requests the Government to provide statistical data based on the results of the time-bound programme and on the number of home-based child workers enrolled in schools by the Kathmandu Metropolitan Corporation as per its agreement with the MOLTM. The Committee asks the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of contraventions reported and penalties imposed.

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

The Committee takes due note of the Government’s information that the Child Labour (Prohibition and Regulation) Act entered into force in November 2004. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that section 3(1) of the Child Labour Act provides that no one shall employ as labourers children who have not completed 14 years of age. It had also noted that the Act does not define the notion of "employment", nor that of "labourer". Recalling that the Convention applies to all types of work or employment, the Committee had requested the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified by the Government (14 years) to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s indication that the Act does not adequately cover the informal sector. It also notes that the Government has been carrying out discussions with the social partners for the improvement of the Act. Thus, a study was commissioned by the ILO/IPEC time-bound programme (TBP) supported action programme to identify the gaps in the Act to make it compatible with the Convention. In particular, the notions of "employment" and "labourer" will be defined. The Committee further notes the Government’s indication that it will remain effortful to apply the minimum age provisions to the informal sector as well. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 3. Hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits 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, also prohibits the employment of such persons in dangerous machines and in operations which are hazardous to health. Recalling that, in accordance with Article 3, paragraph 3, of the Convention, derogations from the age of admission to hazardous work may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that the young persons concerned have received adequate specific instruction or vocational training, the Committee had requested the Government to indicate the measures which have been taken to give effect to Article 3 in this respect. The Committee notes the Government’s indication that the jobs and occupations listed in the schedule to the Act are not considered as hazardous and that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons. The Government states that once the hazardous types of work are identified it would be easier and practical to raise the age up to 18 years. The Committee once again reminds the Government that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall be not less than 18 years. The types of hazardous employment or work, pursuant to Article 3, paragraph 2, of the Convention, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee accordingly requests the Government to take the necessary measures and to provide information on progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that "an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children". The Committee had noted that, pursuant to Article 8 of the Convention, approval for children to take part in artistic activities should be granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed. It had requested the Government to provide information on the specific nature of the activities and cultural programmes mentioned in section 6 of the Child Labour Act. The Committee notes the Government’s information that such performances are of short duration and are carried out in a way and by the agencies which are sensitive to the rights of the children. It also notes the Government’s indication that so far, there has not been any effort made to issue permits on a case-by-case basis and to regulate the hours and conditions. This will be discussed with workers’ and employers’ organizations in future. Recalling that Article 8 of the Convention allows exceptions from the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases, the Committee trusts that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted with interest the information contained in the Government’s report according to which the country is committed to eliminate child labour. The Committee had also noted that a time-bound programme (TBP) was launched in June 2002 with the assistance of ILO/IPEC and covers children working in areas including bonded labour, mining, carpet manufacturing and domestic work. The Committee had requested the Government to provide, if available, statistical data on the employment of children, figures on complaints filed with the Labour Office, details on violations reported, as well as enforcement actions taken.

The Committee notes that, according to the ILO/IPEC progress reports on the implementation of the TBP of July and December 2004, the initial objectives of the TBP were modified to achieve less ambitious and shorter-term objectives due to the political and economic crisis that has paralysed the country. The Committee also notes the Government’s information that a strong association is found between the incidence of poverty and child labour. According to the Labour Force Survey 1998/99, about 2 million children (41 per cent) in the age group 5-14 were involved in work in Nepal. According to the National Living Standard Survey 2003-04 carried out by the Central Bureau of Statistics, the incidence of child labour is about 31 per cent. The Committee also notes the Government’s statement that after the ratification of the Convention the incidence of child labour has decreased significantly in the formal sector. In spite of the limited capacity of labour inspectors in terms of human, physical and financial resources, they are working to implement the provisions of the Convention and are carrying out regular inspections of establishments. Several efforts are being made at tripartite levels. However, the use of child labour continues in the informal sector, where more than 95 per cent of the workers are engaged. The Committee further notes that reports or complaints on child labour are rare, because the violations occur mostly in the informal sector. It notes the Government’s indication that consultations are in progress among social partners and other stakeholders to devise an effective monitoring system in the informal sector. Noting that the Government faces a serious political and economic crisis, the Committee nevertheless remains deeply concerned at the number of children under the age of 14 who are working in the informal sector. It strongly encourages the Government to renew its efforts to progressively improve the situation and to provide detailed information on measures taken in this regard.

The Committee requests the Government to continue to supply information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services as well as the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports. The Committee also notes with interest that Nepal ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 3 January 2002. The Committee notes the information contained in the Government’s report, according to which the Child Labour (Prohibition and Regulation) Act, 2000, is not yet in force. The Government indicates that the Act is in a consultation process with various agencies for implementation, because there are certain provisions which have attracted the attention of activists, development workers, employers and the Government who would like to see these provisions revised. The Government indicates in its report that during the process of consultation all the issues raised by the Committee of Experts in its previous direct request would be given high consideration and modifications would be made wherever applicable. The Committee would draw the Government’s attention to the following comments in respect of the Child Labour Act.

Article 2, paragraph 1, of the Convention. The Committee notes that section 3(1) of the Child Labour Act of 2000 provides that no one shall employ as labourers children who have not completed 14 years of age. The same Act does not define the notion of "employment", nor that of "labourer". The Committee recalls that the Convention applies not only to work performed by children and young persons under an employment contract, but to all types of work or employment. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 3. The Committee notes that section 3(2) of the Child Labour Act of 2000, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any hazardous work or enterprises listed in the schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons in dangerous machines and in operations which are hazardous to health. The Committee recalls that the minimum age for admission to types of employment or work which are likely to jeopardize the health, safety or morals of young persons should be not less than 18 years, under Article 3, paragraph 1, of the Convention, and that in accordance with Article 3, paragraph 3, of the Convention, derogations may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that they have received adequate specific instruction or vocational training. The Committee requests the Government to indicate the measures which have been taken to give effect to Article 3 in this respect.

The Committee notes the list of hazardous occupations in the schedule to the Child Labour Act of 2000 and requests indications on whether it has been determined in consultation with the workers’ and employers’ organizations concerned.

Article 8. The Committee notes that section 6 of the Child Labour Act of 2000 stipulates that "an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the labour office for engaging children in activities or cultural programmes organized in the larger interests of children". The Committee draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may by permits granted in individual cases allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. Recalling that the specified minimum age for admission to employment or work in Nepal is 14 years of age, the Committee considers that approval for young persons below 14 years of age to take part in artistic activities should be granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee would therefore request the Government to provide information on the specific nature of the activities and cultural programmes mentioned in section 6 of the Child Labour Act. The Committee also requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Part V of the report form (read in conjunction with Article 1 of the Convention). The Committee notes with interest the information contained in the Government’s report according to which the country is committed to eliminate child labour. A national master plan against child labour is to be approved by the Government. Following the development of a five-year IPEC strategic plan (2001-05) to eliminate the worst forms of child labour in Nepal, the Government committed Nepal in May 2000 to implement time-bound programmes on the worst forms of child labour. This programme started in 2002 and covers children working in areas including bonded labour, mining, carpet manufacturing and domestic work.

The Committee also notes the information provided by the Government in its report, according to which no comprehensive study has been conducted concerning data on children’s employment. The Government states that children engaged in domestic work and in agricultural firms are commonplace in society, and that it is an economic as well as a social problem. The Government indicates that there is evidence of child workers in agriculture, and that there are programmes that deal with this issue. According to ILO-IPEC’s last National Child Labour Survey for Nepal (1996), about 42 per cent of children from 5 to 14 years of age work, representing some 2.6 million children out of 6.2 million in that age group. The Committee requests the Government to provide, if available, statistical data on the employment of children, figures on complaints filed with the Labour Office, details on violations reported, as well as enforcement actions taken.

The Committee notes that the Child Labour Act of 2000 was endorsed by both Houses of Parliament in 2000 and published in the state Nepal Gazette on 21 June 2000. The Committee notes the Government’s statement that the Child Labour Act is still undergoing a consultation process. In this regard, the Committee would strongly encourage the Government to ensure that, during this consultation process, full account is taken of the Committee’s detailed comments on discrepancies between the Child Labour Act and the Convention. The Committee requests the Government to keep it informed of progress made in enacting or amending the Child Labour Act. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation in conformity with the Convention.

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

Article 2, paragraph 1, of the Convention. The Committee notes that section 3(1) of the Child Labour Act of 2000 provides that "no one shall employ as labourers children who have not completed 14 years of age". The same Act does not define the notion of "employment", nor that of "labourer". The Committee requests the Government to indicate which measures have been taken to protect children in the absence of an employment relationship, including for instance, domestic work, work performed on one’s own account or commercial agriculture.

Article 3, paragraphs 1 and 2. The Committee notes that section 3(2) of the 2000 Act, in conjunction with section 2(a) of the Act, prohibits the employment of persons who have not attained 16 years of age in any hazardous work or enterprises listed in the Schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons in dangerous machines and in operations which are hazardous to health. The Committee recalls that the minimum age for admission to types of employment or work which are likely to jeopardize the health, safety or morals of young persons should be not less than 18 years, under Article 3(1) of the Convention, and that in accordance with Article 3(2) derogations may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that they have received adequate specific instruction or vocational training. The Committee requests the Government to indicate the measures which have been taken to give effect to this Article in this respect.

The Committee notes the list of hazardous occupations in the annex to the Child Labour Act of 2000 and requests indications on whether it has been determined in consultation with the workers’ and employers’ organizations.

Article 8. The Committee notes section 6 of the Child Labour Act, 2000, for which "an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the Labour Office for engaging children in activities or cultural programmes organized in the larger interests of children". The Committee reminds the Government that children shall not be employed for such purposes as participation in artistic performances without an individual permit from the Labour Office. The Committee requests information on these activities and cultural programmes.

Part V of the report form. The Committee requests the Government to provide statistical data on the employment of children, figures on complaints filed with the Labour Office, details on violations reported, as well as enforcement actions taken.