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Forced Labour Convention, 1930 (No. 29) - Nepal (Ratification: 2002)

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

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour (Kamaiyas, Haliyas and Kamlaris). In its previous comments, the Committee noted the various rehabilitation measures implemented for freed bonded labourers, and requested the Government to continue its efforts to ensure that all freed bonded labourers are rehabilitated and socially reintegrated. In this regard, the Committee notes the Government’s information that out of the 27,570 liberated Kamaiyas (a form of bonded labour in the agricultural sector), 25,195 of them were provided with land, while out of the 16,322 Haliya families (another form of bonded labour in the agricultural sector) 12,820 families were rehabilitated, and 1135 were handed over to the respective local authorities for rehabilitation. The Government also indicates that employment options were offered to the released Kamaiyas, Haliyas and Kamlaris (offering girls for domestic work to the families of landlords) through the Prime Minister Employment Programme. The Committee further notes that according to the ILO Report on Market analysis and beneficiary needs assessment for a livelihood Support program for Freed-Haliyas in Surkhet District, 2019, not all freed-Haliyas were provided with rehabilitation facilities and there are still a large number of freed Haliyas who are in an economically vulnerable state, unaware of their rights and unable to access the government rehabilitation programmes (page 13). The Committee strongly encourages the Government to continue its efforts to ensure that all freed bonded labourers, in particular Haliyas are rehabilitated and socially reintegrated, including through the provision of adequate financial assistance, skills development and other income-generating activities. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, as well as on the activities developed to raise awareness among freed bonded labourers on their labour and human rights.
2. Freedom of career military personnel to leave their service. Following its previous comments, the Committee notes the Government’s information that there is no explicit provision in the Army Act, 2006 that prescribes the right of career military personnel to leave the service in peace time. The Government indicates that Rule 78(a) of the Army Regulation, 2013, provides that career military personnel after joining the Nepal Military in any post should compulsorily serve for at least five years. Recalling that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to indicate the procedure to leave the service after serving for five years. It also requests the Government to indicate the possibility for career military personnel to leave service during the compulsory five years of service, for example through compensating the training expenditure or other costs incurred by the Government for those servicemen.
Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously noted the Government’s information that according to Rule 6A of the Prison Rules, 1964, any prisoner sentenced for up to three years of imprisonment may apply for community service if they wish to do so by submitting an application to the adjudicating officer who will screen and approve such applications. Moreover, according to Rule 16A(3) of the Prison Rules, the adjudicating officer must receive an approval from the District Court to send a prisoner for community service and must provide the reasons and premises, before the court, for doing so. The Committee requests the Government to indicate the types of work undertaken by prisoners applying for community services and the entities to which they can be assigned.
Article 2(2)(e). Compulsory work or service for public purposes. With reference to its previous comments, the Committee notes the Government’s information that no law that prescribes for compulsory public work or services has been enacted pursuant to article 29(4) of the Constitution.

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

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Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee previously noted the measures taken to strengthen the legal and institutional framework to prevent and combat trafficking in persons, and urged the Government to strengthen its efforts in this regard and to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 in practice. The Committee notes the Government’s information that it is enforcing the Human Trafficking and Transportation (Control) Act of 2007 through institutions such as the Office of the Prime Minister and Council of Ministers, the National Planning Commission and other ministries. The Government also indicates that a coordination mechanism between the line ministries and the Office of the Attorney General has been established to ensure the effective application of the Act and “create a compelling argument” against human trafficking. Amendments to the existing laws are also being discussed, aimed at prescribing thorough investigations and prosecutions for the perpetrators of trafficking-related offences.
The Committee further notes from the Government’s report of 3 November 2020 to the United Nations Human Rights Council that a separate and specialized Human Trafficking Investigation Bureau was established under the Nepal Police in 2018, as well as the National Committee for the effective implementation of the Human Trafficking and Transportation (Control) Act. The Committee also notes that a total of 285 and 338 cases of human trafficking were filed in the district courts in the fiscal years 2017/18 and 2018/19, respectively. Moreover, 678 victims of human trafficking were rescued in 2017/18 and 10,936 were rescued in 2018/19. According to the report, a fund for the rehabilitation of victims of trafficking has been established. There are 36 safe houses and rehabilitation centres in ten districts and one long-term rehabilitation centre for victims of trafficking. A total of 5,793 victims of trafficking have received various services from these centres during the last four years (A/HRC/WG.6/37/NPL/1, paragraphs 12, 33 and 34). The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons and provide detailed information on the activities undertaken to this end, in particular by the National Committee for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007. The Committee further requests the Government to take measures to ensure adequate identification and investigation of cases of trafficking to ensure that perpetrators are prosecuted and dissuasive penalties are applied in practice. Lastly, the Committee requests the Government to continue providing appropriate protection and assistance to victims of trafficking and to provide information on the measures taken in this regard.
2. Vulnerable situation of migrant workers and imposition of forced labour. The Committee previously noted the measures taken by the Government to protect migrant workers, including the introduction of a mandatory two-day pre-departure orientation course; a technical and vocational training policy for migrant workers; and a guideline for migrant domestic workers. It also noted the high prevalence of organized human smuggling and trafficking of Nepalese workers to Qatar, Saudi Arabia and the United Arab Emirates with widespread deception and fraud in the business of foreign recruitment and a high prevalence of exploitation due to a dual labour agreement system. The Committee notes that the Government reiterates that it is committed to continuing to undertake specific measures to address the difficult circumstances faced by migrant workers and to responding to cases of abuse. The Government indicates that during the COVID-19 pandemic in 2020, it rescued and repatriated a substantial number of migrant workers from several destination countries, and provided food and financial support to migrant workers who were stranded without employment in such countries.
The Committee notes from a study conducted by the Pravasi (Migrant) Nepali Coordination Committee (PNCC) (with financial and technical support of the ILO Country Office, Nepal) entitled Impact of COVID-19 on Nepali Migrant Workers, 2022, that between June and December 2020 the Government of Nepal repatriated more than 161,301 migrant workers from United Arab Emirates, Qatar, Saudi Arabia and Malaysia. This study also indicates that migrant workers have been exploited and abused both by recruiters at home and employers and authorities in destination countries, often having their rights curtailed, their welfare neglected and placing them at risk of serious physical and mental health issues and even death. The pandemic situation has exacerbated these long-standing challenges faced by migrant workers and has also created new ones. The labour permits of an estimated 1,500 workers expired every day rendering their status in destination countries “illegal” and in many cases their passports were withheld by their employers. According to the PNCC study, migrant workers continued to (i) pay high recruitment and other migration related fees; (ii) face issues of wage-theft, exploitation, ill-treatment and abuse; (iii) face forcible expulsion from jobs without pay or benefits; and (iv) be subjected to violations of basic human rights. The Committee also notes from this study that the Government adopted the “employers pay” principle as well as the “free-visa-free-ticket” policy or the “zero cost” migration model in order to reduce the financial burden on migrant workers.
In addition, the Committee notes the Government’s indication in its Report to the United Nations Human Rights Council that it has concluded Memorandums of Understanding with a number of destination countries, including Malaysia, Japan, United Arab Emirates, Mauritius, Israel and Jordan in order to protect Nepali workers from different types of vulnerabilities. A Safe Migration Project is being conducted in 39 districts to provide information and counselling, legal aid, skill development training, psychological counselling and financial literacy to migrant workers (A/HRC/WG.6/37/NPL/1, paragraph 103). While noting the measures taken by the Government, theCommittee requests it to step up its efforts to prevent migrant workers from being trapped in conditions of work that amount to forced labour and to provide them with protection. The Committee requests the Government to continue to provide information on the measures taken in this regard, and in particular with a view to: (i) ensuring the effective implementation of the Foreign Employment Act; (ii) providing training and information to candidates to migration on regular and safe recruitment channels, labour rights and the risks of forced labour associated with migration; (iii) ensuring that migrant workers victims of trafficking who return to Nepal receive assistance and protection for their rehabilitation, and facilitating their access to complaints mechanisms to assert their rights when they face exploitation and abusive practices; and (iv) monitoring the recruitment and placement agencies.
3. Forced labour in brick industries. The Committee notes from the Report on Employment Relationship Survey in the Brick Industry in Nepal, 2020 jointly conducted by the Central Bureau of Statistics, ILO and UNICEF, that bonded and forced labour still exists in the country’s private sector, including in the brick industry. According to the survey estimates, the total work force involved in brick production, including family members, in 2020, was 186,150 persons, of which 176,373 were manual workers. Among these, 6,229 workers were found to be in forced labour and were unable to leave their jobs without negative repercussions or some risk, while some of them had fallen victims to debt bondage, and some others would lose all their wages due to them if they left the kiln.
The Committee notes that section 4 of the Labour Act of 2017 prohibits engaging anyone in forced labour, defined as any work or service performed by any worker against his/her will as a result of the threat an action with financial, physical or mental impact if he/she does not perform such work or service. Penalties for engaging any one in forced labour shall be imprisonment for two years or a fine or both, in addition to the requirement to pay remuneration, allowance and benefits, including damages (section 164). The Committee urges the Government to take effective measures to prevent and eliminate bonded and forced labour practices in the brick industries and to provide immediate assistance and protection to victims of bonded labour. The Committee also requests the Government to ensure that law enforcement bodies, in particular labour inspectors, carry out regular inspections to monitor the conditions of work in the brick kilns and are able to detect cases of forced labour. The Committee requests the Government to provide statistical data on the cases of bonded and forced labour detected, the prosecutions initiated and the specific penalties imposed for such violations.
The Committee is raising other matters in a request addressed directly to the Government.
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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted the Government’s indication that the Army Act, 2006, contains no provisions concerning the right of military officers and other career military personnel to leave the service. It noted the Government’s statement that no rules on the retirement, leave, dismissal and other conditions of service have been framed pursuant to section 143(1) and (2)(a) of the Army Act.
The Committee notes the Government’s information in its report, that the right to leave the service in peace time within a reasonable period has been incorporated in the Army Act. The Committee observes that the Army Act does not appear to contain any such provision. On the contrary, section 144(2) of the Army Act states that “persons of all ranks working with the Nepal Army at the time of commencement of this Act shall be deemed to have remained in their respective post and rank of the Nepal Army, and they shall remain in office until the period prescribed by the prevailing law related to the Army”. Recalling that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to indicate the provision under the Army Act which guarantees the right of career military personnel to leave the service in peacetime within a reasonable period.
Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously noted the Government’s information that according to rule 6A of the Prison Rules, 1964 any prisoner sentenced for up to three years of imprisonment may apply for community service if they wish to do so by submitting an application to the adjudicating officer who will screen and approve such applications. Moreover, according to rule 16A(3) of the Prison Rules, the adjudicating officer must receive an approval from the District Court to send a prisoner for community service and must provide the reasons and premise, before the court, for doing so. The Committee requested the Government to provide a copy of the Prison Rules of 1964.
The Committee notes the Government’s reference to an internet link to access the Prison Rules. Noting that the Prison’s Rules of 1964 is inaccessible online, the Committee once again requests the Government to provide a copy thereof.
Article 2(2)(e). Compulsory work or service for public purposes. The Committee previously noted that according to article 29(4) of the Constitution of 2015, “no person shall be subjected to forced labour, provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes”. The Government indicated that this provision was intended to call upon citizens to fulfil their duties towards the nation during the time of national crisis and disasters and is not interpreted as a provision to call for citizens to provide service to the public. The Committee requested the Government to indicate whether any law had been enacted pursuant to article 29(4) of the Constitution as well as to provide information on the types of compulsory public works or services envisaged under this provision.
The Committee notes the Government’s reference to section 4 of the newly adopted Labour Act of 2017 which prohibits any person from directly or indirectly employing another person in forced labour with the exception of any work or service performed as part of civil obligations; work or service as a consequence of any punishment by an order of a court; or any work or service required in the interest of a community as a member. Forced labour as defined under the Labour Act, means any work or service performed by any worker against his/her will as a result of a threat of taking any action having financial, physical or mental impact if he/she does not perform such work. The Committee once again requests the Government to indicate whether any law has been enacted pursuant to article 29(4) of the Constitution requiring citizens to be engaged in compulsory service for public purposes. It also requests the Government to provide information on the types of compulsory public works or services envisaged under this provision.

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018.
Articles 1(1) and 2(1) of the Convention. Bonded labour. In its previous comments, the Committee noted the Government’s information that the Ministry of Land Reform and Management was drafting a bill entitled Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, which would abolish all types of bonded labour systems and other abusive customs and practices, and which would repeal the Kamaiya Prohibition Act of 2002. It also noted the various rehabilitation measures implemented for freed bonded labourers through the Freed Kamaiya Rehabilitation and Livelihood Development Programme; the provision of scholarships and hostel facilities for freed Kamlari girls (offering girls for domestic work to the families of landlords) by the Department of Education; and the Freed Haliya Rehabilitation Action Plan for freed Haliyas (agricultural bonded labourers). The Committee requested the Government to strengthen its efforts to ensure the rehabilitation and social reintegration of all freed bonded labourers.
The Committee notes the ITUC’s observation that although the Government has engaged in a rehabilitation programme for freed bonded labourers, there are still a large number of Haliya families, predominantly found in the geographically isolated far-western region, who do not benefit from the programme and are at risk of returning to bondage for survival means. In 2016, there were an estimated 16,953 Haliya families in bonded labour. However, it is estimated that this number is more likely to be around 20,000 to 22,000. The ITUC further states that the financial assistance provided to the freed bonded labourers is inadequate and that the rehabilitation packages should include work–skills training and education which would ensure that the freed bonded labourers can achieve economic empowerment and access to decent work opportunities.
The Committee notes the Government’s information in its report that, of the 27,570 freed bonded labourers, 26,922 were provided grants to purchase land and build houses. It also notes the Government’s information that within the framework of the Freed Haliya Rehabilitation Action Plan, from 2017 to 2018, 37 families were provided support to purchase land; 876 families to purchase wood; and 1,005 families for building houses. Moreover, five skill development trainings were provided to 80 Kamaiyas and Haliyas. In addition, 15 skill development trainings were provided to freed bonded labourers which benefited 225 of them.
The Committee also notes from the technical progress report (TPR) of June 2018 of the ILO project entitled “A Bridge to Global Action on Forced Labour 2015–19” (the Bridge project), that various skills and employability training sessions for freed Haliyas (600 participants, including 364 women) have been initiated. In this regard, eight trainings have been completed, six trainings are ongoing and a remaining ten trainings are expected to begin soon. Moreover, a list of 22 freed Haliya women are being referred by the Bridge Project to the ILO Fair Recruitment Project and are currently on a waiting list for work in the garment sector in Jordan. The Committee also notes from the TPR that media advocacy and awareness-raising tools, such as a documentary film, a radio and TV public service announcement on the ILO Protocol of 2014 to the Forced Labour Convention, have been prepared and will be disseminated soon. Moreover, a final draft of the Bonded Labour Act has been prepared after consultations with the members of the Forced Labour Elimination Advocacy Group, the Ministry of Labour and Employment and the Ministry of Land Reform and Management. The Committee strongly encourages the Government to continue its efforts to ensure that all freed bonded labourers are rehabilitated and socially reintegrated, including through the provision of adequate financial assistance, skills development and other income-generating activities. It requests the Government to take the necessary measures to ensure that the rehabilitation programme also reaches the Haliya families in the far-western region, and to continue to provide information on the measures taken in this regard and on the results achieved. Lastly, the Committee expresses the firm hope that the draft Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, will be adopted soon and requests the Government to provide a copy, once adopted.
Articles 1(1), 2(1) and 25. 1. Trafficking in persons. In its previous comments, the Committee noted the various measures taken by the Government to combat trafficking in persons; such as the adoption of the National Plan of Action against Trafficking in Persons 2011–21; the establishment of the National Committee on Controlling Human Trafficking; the establishment of the Women and Children Service Directorate within the Nepal police and the Women and Children Service Centres in 39 districts; the establishment of surveillance centres on national highways and checkpoints along the international border; and the operation of a fast-track justice system which gives priority to cases of trafficking in persons. However, it noted from the 2016 report of the National Human Rights Commission concerning trafficking in persons, that about 8,000 to 8,500 persons were trafficked between 2014 and 2015. In this regard, the Committee noted that the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights, in their concluding observations of 15 April 2014 and 12 December 2014, respectively, expressed their concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, and the persistence of trafficking for purposes of sexual exploitation, forced labour, bonded labour, and domestic servitude. The Committee therefore urged the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons and to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 in practice.
The Committee notes the following measures taken by the Government, as provided in its report:
  • -a coordination mechanism between the various ministries and the Office of the Attorney-General has been established for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007;
  • -in order to reduce the risk of adolescents from being trafficked, a topic on human trafficking has been incorporated into the school curriculum from grades 6 to 10;
  • -various awareness-raising programmes on issues related to trafficking of persons were initiated, including through the media, newspapers and national television;
  • -a Safe Migration Information Centre was established in 20 districts; and
  • -the rehabilitation centres in different districts were outsourced to various NGOs for its better functioning.
The Committee also notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), on the training programmes provided to various stakeholders working against human trafficking, including the Nepal police and district courts as well as the interaction programmes conducted by the National and District Committees on Controlling Human Trafficking. The Committee further notes from the Government’s report that from 2016-17, the Nepal police registered 227 cases of trafficking of persons involving 311 victims, of which 308 victims were female. In addition, according to the report of the Office of the Attorney-General, during 2016 to 2017, 249 cases (including new and pending cases) related to trafficking of persons were dealt by the courts and convictions were made in 96 cases. The Committee notes, however, from the Trafficking in Persons National Report of the National Human Rights Commission of June 2018 that the number of trafficking cases registered by the Nepal police is relatively low compared to the factual number of trafficking victims. The Committee therefore urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to take the necessary measures to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions. In this regard, it requests the Government to continue taking measures to strengthen the capacities of the law enforcement bodies, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard and the results achieved. Lastly, it requests the Government to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 and to provide information on its application in practice, with regard to the number of investigations, prosecutions, convictions and penalties applied.
2. Vulnerable situation of migrant workers and imposition of forced labour. In its previous comments, the Committee noted the various measures taken by the Government to protect migrant workers. However, the Committee noted from the 2016 report of the National Human Rights Commission (NHRC) of Thailand that there was widespread exploitation and abuse by recruiting agencies and brokers in the process of foreign employment, such as: deception – with regard to salary, nature of work, and sometimes even country of destination; and fraud – such as issuing fake medical reports and certificates of orientation training without actually undergoing such training and other irregularities and that hundreds of men and women were victims of such fraudulent activities and a large number of them ended up in forced labour situations or were trafficked for labour exploitation. This report further highlighted the forms of human rights violations in the context of foreign labour migration, including: passport confiscation by the employers/sponsors; retention of identity and travel documents; withholding of wages; threat of denunciation to the authorities; excessive overtime work; physical and sexual abuse; and isolation. The Committee urged the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective implementation of the Foreign Employment Act to address the exploitative practices of private recruitment agencies.
The Committee notes the ITUC’s observation that the Government’s policy of banning women from migrating for domestic work has increased their vulnerability to abuse and exploitation, alongside insufficient pre-departure preparedness, inadequate regulation concerning recruitment agencies and a lack of diplomatic representation in Lebanon, which is the highest destination country for migrant domestic workers. The ITUC states that an estimated 13,000 domestic workers from Nepal are employed in Lebanon.
The Committee notes the Government’s information on the following measures taken to protect migrant workers:
  • -the Foreign Employment Act 2007, and Rules, 2008 are being amended and new provisions for the attestation of labour agreements through the Embassy of Nepal at the country of destination have been incorporated;
  • -returnee migrants have been mobilized for awareness campaigns;
  • -a directive to provide legal assistance to migrant workers has been approved by the Cabinet;
  • -the services by the various institutional mechanisms related to foreign employment have been decentralized;
  • -regular monitoring and inspection of private recruitment agencies are being conducted to identify any exploitative practices;
  • -an online Foreign Employment Information Management System, which provides detailed information on registered private recruitment agencies and recruitment procedures as well as a database of other relevant government agencies and their role in foreign employment, has been installed.
The Committee also notes that within the framework of the ILO–UK partnership programme entitled “Work in Freedom Programme on Fair Recruitment and Decent Work for Women Migrant Workers in South Asia and the Middle East”: (i) 18,833 migrant workers (14,317 women) and workers at risk were empowered with better awareness, information and skills; (ii) around 25,000 people including 23,000 women benefited from the pre-departure orientation training on women’s empowerment, recognition of work, referral services and the foreign employment processes; and (iii) 450 domestic workers were unionized through the All Nepal Federation of Trade Unions.
The Committee further notes from the report of 30 April 2018 of the Special Rapporteur on the Human Rights of Migrants of the United Nations that, although Nepal has made significant progress in ensuring protection of the rights of its citizens who migrate for foreign employment, important gaps in protection continue to exist in law and challenges remain in enforcement, implementation and monitoring. It notes from this report that the Government of Nepal has: (i) introduced a mandatory two-day pre-departure orientation course for migrant workers; (ii) introduced the 2012 technical and vocational education and training policy which recognizes the need for skills development training programmes; (iii) established a welfare fund for the rescue and repatriation of migrant workers; (iv) extended the services of the Migrant Resource Centres to 20 districts; (v) developed a project to link the returned migrants to microfinance institutions; and (vi) endorsed guidelines for migrant domestic workers which require women migrants to have reached the age of 24 for foreign employment and the provision for the Government to sign bilateral agreements and memoranda of understanding with destination countries to which women migrants leave for domestic work. However, the Committee notes that according to the report of the Special Rapporteur:
  • -there are several cases of violations of the Foreign Employment Act which have rendered migrant workers more vulnerable to exploitation in the destination country, such as terms of employment, remuneration, employing company or the type of work agreed upon in Nepal were changed upon arrival in the destination country; contracts were substituted; contracts not translated to the language migrant workers understood; copies of contracts not given to the workers; workers are sent on forged documents; and workers faced non-payment or of deductions in wages;
  • -migrant workers are charged with high recruitment costs which renders them more vulnerable to trafficking and forced labour;
  • -police involvement in investigating cases of deceptive recruitment and forced labour are limited.
The Committee finally notes from the 2018 report of the National Human Rights Commission concerning Trafficking in Persons that the flow of migrant workers was 759,230 in 2016–17 and the total number of migrant workers who obtained labour permits from 2012–13 to 2016–17 reached 2.23 million with a high concentration of migrant workers mainly in Qatar, Saudi Arabia and the United Arab Emirates. This report further indicates that with regard to the employment in these countries, the Parliamentary Committee identified that there is: a high prevalence of organized human smuggling and trafficking; widespread deception and fraud in the business of foreign recruitment; a high prevalence of exploitation due to a dual labour agreement system; and the prevalence of kafala (sponsorship) system. While taking due note of the measures taken by the Government to protect migrant workers, the Committee notes with concern the continued abusive practices and conditions of migrant workers that may amount to forced labour. The Committee therefore strongly encourages the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective implementation of the Foreign Employment Act to address the exploitative practices in the business of foreign recruitment, including the private recruitment agencies. The Committee requests the Government to continue to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse and to grant them access to justice, as well as to other complaints and compensation mechanisms.
The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted the Government’s indication that the Military Act, 2006, contains no provisions concerning the right of military officers and other career military personnel to leave the service. It noted that according to section 143(1) of the Military Act, 2006, the Government may frame the necessary rules to meet the objectives of the Act and section 143(2)(a) states that such rules may cover issues related to retirement, dismissal and other conditions of service.
The Committee notes the Government’s statement that no rules pursuant to section 143(1) and (2) of the Military Act have been adopted. Recalling that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to take the necessary measures to ensure that appropriate rules are adopted, so as to bring the national legislation into conformity with the Convention. It requests the Government to provide information on any measures taken in this regard.
Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously noted the following provisions under the Prisons Act No. 2019 (1963) as amended: section 10(1) which states that unless the prevailing Nepal Law otherwise requires, no detainee or prisoner shall be engaged in any work against his/her will; section 10(2) which states that if the Government considers it necessary for the health, economic progress or improvement of the detainees and prisoners, arrangements may be made to engage any detainee or prisoner in work; and section 10A which states that the adjudicating authority may send an offender sentenced to imprisonment for a term not exceeding three years for community service.
The Committee notes the Government’s information that according to rule 6A of the Prison Rules, 1964 any prisoner sentenced for up to three years of imprisonment may apply for community service if they wish to do so by submitting an application to the adjudicating officer who will screen and approve such applications. Moreover, according to rule 16A(3) of the Prison Rules, the adjudicating officer must receive an approval from the District Court to send a prisoner for community service and must provide the reasons and premise, before the court, for doing so. The Committee requests the Government to provide a copy of the Prison Rules, 1964.
Article 2(2)(e). Compulsory work or service for public purposes. The Committee previously noted the provisions of the Local Self-Governance Act, 1999, which provide that priority be given to aiming at the utmost participation of the local people at the village and municipal levels (sections 43(3)(c) and 114(3)). The Government indicated in its report that this type of work is mainly associated with providing minimum basic services to the public such as public utilities like water supply, electricity, hospitals and pharmacies, etc., and that working in the public utility services did not mean forced labour. The Committee also noted that Interim Constitution of Nepal 2007 under article 29 allows the enactment of a law on the exaction of compulsory public service from citizens.
The Committee notes the Government’s information that the Local Self-Governance Act was intended to ensure devolution of power and resources by providing socially inclusive goods and services to the citizens through grassroots democracy. The Government reiterates that such decisions to carry out public work is taken by respective local government bodies, users’ committees or the committees formed by the community itself for purposes that pertain to the community-led, demanded, formulated and implemented grassroots level schemes and activities. As such, the nature and implementation of the project is decided by the community people themselves. Referring to article 29(4) of the Constitution of 2015, which states that: “no person shall be subjected to forced labour, provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes”, the Government clarifies that this provision call upon citizens to fulfil their duties towards the nation during the time of national crisis and disasters. The enactment of such a provision shall safeguard the fundamental rights against exploitation. The Committee requests the Government to indicate whether any law has been enacted pursuant to article 29(4) of the Constitution and to provide information on the types of compulsory public works or services envisaged under this provision.

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

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Kamaiya Labour (Prohibition) Act of 2002.
The Committee notes the Government’s information, in its report, that the Ministry of Land Reform and Management (MOLRM) is drafting a comprehensive bill entitled Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, which will abolish all types of bonded labour systems and other abusive customs and practices, and will repeal the Kamaiya Prohibition Act of 2002. The Committee notes the Government’s statement that it has been implementing rehabilitation programmes targeting freed bonded labourers, with the following results achieved:
  • -according to the progress report of the Freed Kamaiya Rehabilitation and Livelihood Development Programme, out of the estimated 32,509 families that were in bonded labour, 27,570 families were enlisted for rehabilitation, of which 26,090 families were rehabilitated, including through economic empowerment and skills development training;
  • -the Department of Education has institutionalized a system of extending educational services, through providing scholarships and hostel facilities, to freed Kamlari girls (offering girls for domestic work to the families of landlords). Accordingly, in 2015, a total of 29,787,000 rupees (NPR) for scholarships and NPR5,088,000 for hostels were allocated;
  • -a Freed Haliya Rehabilitation Action Plan is being implemented by the MOLRM from 2012, with the objective of ensuring safe and secure housing for freed Haliyas (agricultural bonded labourers); and improving their economic and social condition, including through enhanced access to education and health. Accordingly, out of the estimated 16,953 families who were involved in the Haliya bonded labour system, 10,622 were enlisted for rehabilitation and identification cards were issued to 7,898 families. This action plan provided financial support to 236 families to buy land, 162 families to build houses and 259 families to repair their houses.
The Committee also notes that Nepal is one of the participating countries in the ILO project entitled “A Bridge to Global Action on Forced Labour 2015–19” (the Bridge project) that aims to effectively eliminate traditional and state-imposed forced labour systems and to reduce contemporary forms of forced labour, which are often linked to human trafficking. The Committee also notes, that the UN Committee on Economic, Social and Cultural Rights, in its concluding observations of 12 December 2014, expressed its concern that although the traditional bonded labour system (Kamaiya, Haliya and Kamlari) has been formally eradicated and measures have been taken for the rehabilitation of the bonded labourers, many of them, in particular in the western part of Nepal, face obstacles to social reintegration, due to their lack of skills and lack of access to fertile land for cultivation, which leads them to return to their previous employers, by whom they are often exploited (E/C.12/NPL/CO/3, paragraph 18). The Committee requests the Government to strengthen its efforts to ensure that all freed bonded labourers are rehabilitated and socially reintegrated, including through the provision of skills development and other income-generating activities. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved. The Committee also expresses the hope that the bill on Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, will be adopted in the near future, requests the Government to provide information on any progress made in this regard and to provide a copy of the Bill on Bonded Labour, once adopted.
Articles 1(1), 2(1) and 25. 1. Trafficking in persons. In its previous comments, the Committee noted the statement of the International Trade Union Confederation (ITUC) that the Government should take action to enforce the provisions of the Human Trafficking and Transportation (Control) Act of 2007 (Human Trafficking Act) and that the legal framework should be reviewed to ensure that those involved in trafficking and forced labour could be effectively prosecuted and that the punishments were commensurate with the crimes committed. Noting the absence of information in the Government’s report on the application of the Human Trafficking Act, the Committee urged the Government to strengthen its efforts to combat trafficking in persons.
The Committee notes the Government’s statement that it is committed to combating trafficking and therefore has designed and implemented appropriate laws, policies and programmes to combat trafficking in persons. The Committee notes the following measures taken by the Government, in this regard, as indicated in the Government’s report:
  • -a ten-year National Plan of Action against Trafficking in Persons 2011–21 has been adopted, identifying the three main strategies to counter trafficking in persons, namely: prevention, protection and prosecution;
  • -the Ministry of Women, Children and Social Welfare (MoWCSW) has established the National Committee on Controlling Human Trafficking which operates programmes to combat trafficking in persons at the district and local levels, through the district committees and village committees established in 75 districts and 109 villages, respectively;
  • -a fast-track justice system which gives priority to hearing cases of trafficking in persons is ensured;
  • -the Women and Children Service Directorate established within the Nepal police, and the Women and Children Service Centres established in 39 districts, provide specialized investigation and victim-care services through officers trained in handling cases of trafficking in persons; and
  • -ten surveillance centres on national highways and 22 checkpoints along the international border have been established to prevent human trafficking.
The Committee also notes that according to the data compiled from a National Report on Controlling Human Trafficking and Transportation, 2015, published by the MoWCSW, in 2013–14, a total of 185 cases and in 2014–15, a total of 184 cases related to trafficking in persons were registered and investigated. The Government also refers to a case in which, three persons who were found guilty of selling two girls to a brothel were punished with imprisonment for 20 years and a fine, and in another case, a government official was removed from his post for assisting the perpetrators of trafficking in persons. The Committee further notes from the national report submitted by the Government on 6 August 2015, to the United Nations Human Rights Council, that investigation procedures for cases related to trafficking in persons have been incorporated in the training curricula of the Nepal police and training programmes on such procedures were conducted for police personnel, prosecutors and judges (A/HRC/WG.6/23/NPL/1, paragraph 53).
Furthermore, the Committee notes that according to the 2016 report of the National Human Rights Commission on Trafficking in Persons, about 8,000 to 8,500 persons were trafficked between 2014 and 2015. In this regard, the Committee notes that the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights, in their concluding observations of 15 April 2014 and 12 December 2014, respectively, expressed their concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, and the persistence of trafficking for purposes of sexual exploitation, forced labour, bonded labour, and domestic servitude (CCPR/C/NPL/CO/2, paragraph 18 and E/C.12/NPL/CO/3, paragraph 22). The Committee urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to take the necessary measures to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions. In this regard, it requests the Government to continue taking measures to strengthen the capacities of the law enforcement bodies, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. Noting that the number of convictions made for cases related to trafficking in persons are relatively low compared to the number of such cases investigated, the Committee once again requests the Government to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 in practice, and to report on the impact achieved, particularly the number of convictions and penalties imposed to persons who engage in trafficking in persons. The Committee finally requests the Government to indicate the measures taken within the National Plan of Action against Trafficking in Persons, 2011–21, as well as the results achieved, both with regard to prevention and repression of trafficking in persons, and the protection and rehabilitation of victims of trafficking.
2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the ITUC’s communication which outlined migrant workers’ vulnerability to trafficking and forced labour. It also noted the various allegations made by the ITUC, including the Government’s failure to adequately monitor and punish recruitment agencies for failing to comply with their responsibility under the Foreign Employment Act of 2007 (FEA).
The Committee notes the following information contained in the Government’s report regarding the measures taken or envisaged by the Government to protect migrant workers:
  • -the adoption of the Foreign Employment Policy (FEP), in 2012, with a goal to make foreign employment safe, organized, decent and reliable. This policy includes provision of specific activities for migrant workers such as providing skills training and pre-departure orientation programmes, extensive dissemination of information regarding the migration process, establishment of structural mechanisms for the protection of female migrant workers and collaboration with various stakeholders to develop inter-country networks to prevent trafficking in persons under the pretext of labour migration assistance;
  • -the preparation of a five-year National Strategic Action Plan (NSAP), 2015, to implement the provisions of the FEP, which is currently under cabinet consideration. This document ensures safe, decent and dignified foreign employment, particularly for female migrant workers and contains provisions for specific programmes for socioeconomic reintegration;
  • -the implementation of a four-year project entitled “Safer Migration Project”, since 2013, in collaboration with the Government of Switzerland, with the aim of effectively implementing the FEP;
  • -the implementation of the UK-funded five-year regional programme, entitled “Work in Freedom Programme”, by the ILO in five districts for prevention of trafficking in persons and promoting safe migration, particularly for women migrant workers in domestic work. This programme has provided departure orientation and pre-decision training to more than 20,000 potential migrant workers;
  • -the establishment of 24 migrant resource centres (MRC) by the MoLE, including one at the Labour Village, which is a hub of potential migrant workers, and 18 information and counselling centres in 18 districts, which provide information on authentic recruitment agencies, recruitment process, documentation and safe migration; and
  • -the appointment of labour attachés by the Government in 11 countries that receive at least 5,000 workers from Nepal.
The Committee also notes that the Government indicates that the records from the Investigation and Inquiry Section under the Department of Foreign Employment show that the number of complaints from migrant workers registered have increased from 899 in 2012–13 to 1,406 in 2013–14. Moreover, the Committee notes from the report of the National Human Rights Commission (NHRC), that Nepal has signed bilateral agreements and two memoranda of understanding (MoU) for temporary labour migration with the Governments of Bahrain, Qatar and the United Arab Emirates. Moreover, an MoU was signed with the National Human Rights Committee in the State of Qatar in November 2015, to protect the rights of the Nepali migrant workers in Qatar. The Committee notes however, from this report that there has been evidence of widespread exploitation and abuse by recruiting agencies and brokers in the process of foreign employment, such as: deception – with regard to salary, nature of work, and sometimes even country of destination; and fraud – such as issuing fake medical reports and certificates of orientation training without actually undergoing such training and other irregularities. Hundreds of men and women are victims of such fraudulent activities and a large number of them end up in forced labour situations or are trafficked for labour exploitation. This report further highlights the forms of human rights violations in the context of foreign labour migration, including: passport confiscation by the employers/sponsors; retention of identity and travel documents; withholding of wages; threat of denunciation to the authorities; excessive overtime work; physical and sexual abuse; and isolation. The Committee finally notes from the report of NHRC that the flow of labour migrants was more than 500,000 in 2014–15 and the total number of migrant workers have reached more than 3 million with 2.95 million males and 75,000 females. The Nepalese embassy in Riyadh estimated that there are more than 40,000 Nepali women domestic workers in Saudi Arabia who came in through illegal channels. While taking due note of the measures taken by the Government to protect migrant workers, the Committee notes with concern the continued abusive practices and conditions of migrant workers that may amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective implementation of the Foreign Employment Act to address the exploitative practices of private recruitment agencies. The Committee requests the Government to continue to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse and to grant them access to justice, as well as to other complaints and compensation mechanisms.
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
Articles 1(1) and 2(1) the Convention. Bonded labour. The Committee previously noted the provisions of the Kamaiya Labour (Prohibition) Act, 2002, and noted the Government’s statement that no complaints had been filed in a court of law concerning the use of Kamaiya bonded labour.
The Committee notes the detailed information in the Government’s report concerning the implementation, in collaboration with the ILO, of the action programme entitled “Towards employment creation of freed Kamaiyas and their employable children and enforcement of the Kamaiya Labour Prohibition and Labour Act” in 2009 and 2010. The Government indicates that in the fiscal year 2009–10, training was provided to 12,939 freed Kamaiyas in 24 different types of trades, and that a fund was established in five districts to support the entrepreneurship of the trainees. The Committee also notes the Government’s statement that in 2009 it formulated a national plan of action (NPA) against bonded labour that addresses all types of bonded labour. The Government indicates that the NPA is in the process of endorsement from the Cabinet. The Committee expresses the firm hope that the NPA against bonded labour will be adopted and implemented in the near future, and requests the Government to provide information on the impact of its implementation. The Committee also requests the Government to provide information on the application in practice of the penal provisions of the Kamaiya Labour (Protection) Act, 2002, as soon as the relevant court decisions are available.
Freedom of civil service employees to terminate employment. The Committee previously noted the Government’s indication that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act, 1993, that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. The Committee requested information on whether an application for resignation may be refused and, if so, on what grounds.
The Committee notes the Government’s statement that if any civil servant retires from their position, outside of the voluntary early retirement scheme, their resignation is verified by signing in front of the chief of the organization where they are working. The Committee notes the Government’s statement that a resignation may be refused if the resignation was not made according to the will of the person resigning or it was made by force.
Freedom of career military personnel to leave their service. The Committee previously noted the Government’s indication that the Military Act, 2006, contains no provisions concerning the right of military officers and other career military personnel to leave the service. The Committee notes that section 143(1) of the Military Act, 2006, states that the Government may frame the necessary rules to meet the objectives of the Act. Section 143(2)(a) states that such rules may cover issues related to retirement, dismissal and other conditions of service. Recalling that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to provide information on whether any rules have been adopted in this regard, and if so, to provide a copy of the relevant rules.
Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously requested the Government to provide the relevant legislation governing prisons and prison labour.
In this regard, the Committee notes that section 10(1) of the Prisons Act, 2019 (1963), as amended, states that unless the prevailing Nepal Law otherwise requires, no detainee or prisoner shall be engaged in any work against his/her will. Section 10(2) states that if the Government considers it necessary for the health, economic progress or improvement of the detainees and prisoners, arrangements may be made to engage any detainee or prisoner in work. Section 10A of the Prisons Act states that the Adjudicating Authority may send an offender sentenced to imprisonment for a term not exceeding three years for community service. Recalling that Article 2(2)(c) of the Convention provides that forced or compulsory labour does not include any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to provide information on whether, in law or in practice, prisoners have been engaged in work in prisons or in community service. If so, the Committee requests the Government to provide information on whether, in the context of work in prisons or community service, prisoners perform work for private entities.
Article 2(2)(e). Compulsory work or service for public purposes. The Committee previously noted the provisions of the Local Self-Governance Act, 1999, which provide that priority be given to aiming at the utmost participation of the local people at the village and municipal levels (sections 43(3)(c) and 114(3)). The Committee also noted that article 29 of the Interim Constitution of Nepal 2007 allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicated in its report that this type of work is mainly associated with providing minimum basic services to the public such as public utilities like water supply, electricity, hospitals and pharmacies, etc., and that working in the public utility services did not mean forced labour. The Committee further noted the Government’s indication that the decision to carry out such compulsory public works is taken by respective local government bodies, users’ committee or a committee formed by the community itself for that specific purpose. The Committee indicated that the nature and scale of these public works raised questions of compliance with the Convention, and requested that measures be taken in both law and practice to ensure that such works fall within the minimum allowed by the Convention for “minor communal services”.
The Committee notes the Government’s statement that there are no public services/works that are identified as forced or compulsory labour as defined by Article 2 of the Convention. The Committee also notes that the Constituent Assembly, charged with drafting a new Constitution, was dissolved in May 2012, and that no new Constitution was adopted. The Committee recalls that Article 2(2)(e) of the Convention permits only the compulsory performance of minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. In this regard, the Committee requests the Government to take the necessary measures to ensure that any new legislation adopted, including through the ongoing constitutional review, is in conformity with the Convention particularly by reducing the nature and scale of such compulsory public works to the strict minimum allowed by Article 2(2)(e) of the Convention for “minor communal services”. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the compulsory public works or services performed by the population, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works.

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
The Committee notes the observations from the International Trade Union Confederation (ITUC) of 31 August 2011 and 31 August 2012, as well as the Government’s reply to these observations received on 5 December 2012.
Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously requested information on the application of the Human Trafficking and Transportation (Control) Act of 2007 in practice, as well as on the measures taken to prevent, suppress and punish trafficking in persons.
The Committee notes the statement in the ITUC’s communication that the Government should take action to enforce the provisions of the Human Trafficking and Transportation (Control) Act of 2007. The ITUC also states that the legal framework should be reviewed to ensure that those involved in trafficking and forced labour can be effectively prosecuted and that the punishments are commensurate with the crimes committed.
The Committee notes the Government’s statement that the Ministry of Women, Children and Social Welfare is reviewing the progress of the National Plan of Action (NPA) against trafficking in children and women, in close collaboration with development partners and other key stakeholders. The Government also indicates that it is implementing a country programme on trafficking in persons, in close collaboration with various NGOs, focusing on prevention, prosecution and protection mechanisms. However, the Committee notes with concern the absence of information in the Government’s report on the application of the Human Trafficking and Transportation (Control) Act of 2007. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 11 August 2011, expressed concern about the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, including within the framework of the NPA against trafficking in children and women, and to provide information on the specific measures taken in this regard. It requests the Government to provide, in its next report, information on measures taken to enforce the Human Trafficking and Transportation (Control) Act of 2007 in practice, and on the impact achieved, particularly the number of investigations, prosecutions and convictions. Moreover, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under the Human Trafficking and Transportation (Control) Act, 2007.
2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the ITUC’s communication which outlined migrant workers’ vulnerability to trafficking and forced labour. The Committee requested information on the measures taken to protect migrant workers from exploitative practices amounting to forced labour.
The Committee notes that the ITUC, in its more recent communications, expresses concern that recruitment agencies and brokers are involved in the trafficking of Nepalese migrant workers and their subsequent exploitation in conditions of forced labour. The ITUC refers to a study of returned migrant workers, which found that recruitment agencies were routinely involved in the trafficking of migrant workers: the majority of migrant workers interviewed for this study were deceived concerning a substantial aspect of their employment terms, and many faced high recruitment fees and subsequent debt, the confiscation of their passports, threats, physical and verbal abuse. The ITUC states that the Government has not taken appropriate action in its own jurisdiction to reduce and eliminate the incidence of forced labour and highlights that the effective enforcement of the Foreign Employment Act would significantly reduce migrant workers’ vulnerability to forced labour. While the Foreign Employment Act regulates the activities of recruitment agencies, this Act is not effectively enforced to punish recruitment agencies who repeatedly violate the Act. The ITUC states that the Government has failed to adequately monitor and punish recruitment agencies for failing to comply with their responsibility under the Foreign Employment Act and that, despite widespread violations, only 14 recruitment agencies have been fined under the Act. The ITUC also indicates that, while in August 2012, the Government banned women under the age of 30 from migrating for domestic work in Kuwait, Qatar, Saudi Arabia and the United Arab Emirates, these bans are likely to have the unintended outcome of increasing risks for these women who will continue to seek work through informal routes. Furthermore, the ITUC states that the measures taken by the Government to combat trafficking have not addressed the wider problems of trafficking for labour exploitation which affects migrant workers. The ITUC further alleges that complaints and compensation mechanisms are largely inaccessible to most migrant workers. Lastly, the ITUC references a research study which indicated that the several heads of recruitment agencies admitted to paying bribes to government officials. The ITUC states that the Government must establish an independent body to carry out a prompt, thorough and impartial investigation into allegations of bribery and corruption relating to migration for foreign employment, including of government officials.
The Committee notes the Government’s statement that, in collaboration with the ILO, the Ministry of Labour and Transport Management implemented a project entitled “Protection of Nepalese migrant workers from forced labour and human trafficking” from June 2009 until September 2011. The Government states that major accomplishments of this project include: (i) the translation and promotion of ILO Conventions related to forced labour; (ii) the revision of the foreign employment regulations; (iii) increased compensation for migrant workers who are victims; (iv) strengthening of the data and information system in the Department of Foreign Employment and Foreign Employment Tribunals; (v) trainings for the concerned government officials and stakeholders on issues of forced labour, human trafficking, the monitoring of recruitment of migrant workers and the role of labour attachés; and (vi) partnerships with the association of foreign employment recruitment agencies to promote ethical recruitment procedures and the implement its code of conduct. The Committee also notes the implementation of an ILO project entitled “Preventing trafficking of women and girls for domestic work” from November 2011 to June 2012. According to information from the ILO Special Action Programme to Combat Forced Labour (SAP FL) of August 2012, results from this project include: (i) awareness raising on safe migration and trafficking as well as training to women and girls on these subjects; (ii) the production and distribution of 13,000 brochures and 9,000 posters on safe migration and the risks of human trafficking and forced labour for domestic work; (iii) the provision of training to governmental and non governmental representatives on anti-trafficking; (iv) preliminary steps towards developing a skills-building programme to at-risk or former victims of trafficking; and (v) training for law enforcement officials on countering trafficking for forced labour. Furthermore, the Committee notes that in its reply to the ITUC observations, the Government outlines a series of measures it has taken to protect migrant workers. These include awareness-raising measures; an action plan to highlight fraudulent activities in foreign employment; memoranda of understanding signed with major destination countries; as well as an effort to set up the scales of minimum wages of Nepalese migrant workers.
The Committee takes due note of the measures taken by the Government. However, the Committee notes that CEDAW, in its concluding observations of 11 August 2011, expressed concern about the situation of Nepalese women migrant workers and in particular, the fact that a large number of Nepalese women are undocumented, which increases their vulnerability to sexual exploitation, forced labour and abuse. It also expressed concern at the limited initiatives to ensure pre departure information and skills training as well as the lack of institutional support both in Nepal and in countries of employment to promote and protect the rights of Nepalese women migrant workers (CEDAW/C/NPL/CO/4-5, paragraph 33).
The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to pursue its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective application of the Foreign Employment Act. The Committee requests the Government to provide, in its next report, information on the application of the Foreign Employment Act in practice, particularly the number of violations reported, investigations, prosecutions and the specific penalties applied. Expressing its concern at allegations of complicity of government officials, the Committee urges the Government to redouble its efforts to ensure that perpetrators of trafficking in persons and forced labour of migrant workers, and complicit government officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, the Committee requests the Government to continue to provide information on steps taken in this regard, particularly on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers and to grant them access to justice, as well as to other complaints and compensation mechanisms.
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)

Articles 1(1) and 2(1) the Convention. 1. Bonded labour. The Committee previously noted the provisions of the Kamaiya Labour (Prohibition) Act, 2002, and noted the Government’s statement that no complaints had been filed in a court of law concerning the use of Kamaiya bonded labour.
The Committee notes the detailed information in the Government’s report concerning the implementation, in collaboration with the ILO, of the action programme entitled “Towards employment creation of freed Kamaiyas and their employable children and enforcement of the Kamaiya Labour Prohibition and Labour Act” in 2009 and 2010. The Government indicates that in the fiscal year 2009–10, training was provided to 12,939 freed Kamaiyas in 24 different types of trades, and that a fund was established in five districts to support the entrepreneurship of the trainees. The Committee also notes the Government’s statement that in 2009 it formulated a national plan of action (NPA) against bonded labour that addresses all types of bonded labour. The Government indicates that the NPA is in the process of endorsement from the Cabinet. The Committee expresses the firm hope that the NPA against bonded labour will be adopted and implemented in the near future, and requests the Government to provide information on the impact of its implementation. The Committee also requests the Government to provide information on the application in practice of the penal provisions of the Kamaiya Labour (Protection) Act, 2002, as soon as the relevant court decisions are available.
2. Freedom of civil service employees to terminate employment. The Committee previously noted the Government’s indication that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act, 1993 that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. The Committee requested information on whether an application for resignation may be refused and, if so, on what grounds.
The Committee notes the Government’s statement that if any civil servant retires from their position, outside of the voluntary early retirement scheme, their resignation is verified by signing in front of the chief of the organization where they are working. The Committee notes the Government’s statement that a resignation may be refused if the resignation was not made according to the will of the person resigning or it was made by force.
3. Freedom of career military personnel to leave their service. The Committee previously noted the Government’s indication that the Military Act, 2006 contains no provisions concerning the right of military officers and other career military personnel to leave the service. The Committee notes that section 143(1) of the Military Act, 2006 states that the Government may frame the necessary rules to meet the objectives of the Act. Section 143(2)(a) states that such rules may cover issues related to retirement, dismissal and other conditions of service. Recalling that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to provide information on whether any rules have been adopted in this regard, and if so, to provide a copy of the relevant rules.
Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously requested the Government to provide the relevant legislation governing prisons and prison labour.
In this regard, the Committee notes that section 10(1) of the Prisons Act, 2019 (1963), as amended, states that unless the prevailing Nepal Law otherwise requires, no detainee or prisoner shall be engaged in any work against his/her will. Section 10(2) states that if the Government considers it necessary for the health, economic progress or improvement of the detainees and prisoners, arrangements may be made to engage any detainee or prisoner in work. Section 10A of the Prisons Act states that the Adjudicating Authority may send an offender sentenced to imprisonment for a term not exceeding three years for community service. Recalling that Article 2(2)(c) of the Convention provides that forced or compulsory labour does not include any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to provide information on whether, in law or in practice, prisoners have been engaged in work in prisons or in community service. If so, the Committee requests the Government to provide information on whether, in the context of work in prisons or community service, prisoners perform work for private entities.
Article 2(2)(e). Compulsory work or service for public purposes. The Committee previously noted the provisions of the Local Self-Governance Act, 1999, which provide that priority be given to aiming at the utmost participation of the local people at the village and municipal levels (sections 43(3)(c) and 114(3)). The Committee also noted that article 29 of the Interim Constitution of Nepal 2007 allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicated in its report that this type of work is mainly associated with providing minimum basic services to the public such as public utilities like water supply, electricity, hospitals and pharmacies, etc., and that working in the public utility services did not mean forced labour. The Committee further noted the Government’s indication that the decision to carry out such compulsory public works is taken by respective local government bodies, users’ committee or a committee formed by the community itself for that specific purpose. The Committee indicated that the nature and scale of these public works raised questions of compliance with the Convention, and requested that measures be taken in both law and practice to ensure that such works fall within the minimum allowed by the Convention for “minor communal services”.
The Committee notes the Government’s statement that there are no public services/works that are identified as forced or compulsory labour as defined by Article 2 of the Convention. The Committee also notes that the Constituent Assembly, charged with drafting a new Constitution, was dissolved in May 2012, and that no new Constitution was adopted. The Committee recalls that Article 2(2)(e) of the Convention permits only the compulsory performance of minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. In this regard, the Committee requests the Government to take the necessary measures to ensure that any new legislation adopted, including through the ongoing constitutional review, is in conformity with the Convention particularly by reducing the nature and scale of such compulsory public works to the strict minimum allowed by Article 2(2)(e) of the Convention for “minor communal services”. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the compulsory public works or services performed by the population, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works.

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

The Committee notes the Government’s report, as well as the communications from the International Trade Union Confederation (ITUC) of 31 August 2011 and 31 August 2012.
Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously requested information on the application of the Human Trafficking and Transportation (Control) Act of 2007 in practice, as well as on the measures taken to prevent, suppress and punish trafficking in persons.
The Committee notes the statement in the ITUC’s communication that the Government should take action to enforce the provisions of the Human Trafficking and Transportation (Control) Act of 2007. The ITUC also states that the legal framework should be reviewed to ensure that those involved in trafficking and forced labour can be effectively prosecuted and that the punishments are commensurate with the crimes committed.
The Committee notes the Government’s statement that the Ministry of Women, Children and Social Welfare is reviewing the progress of the National Plan of Action (NPA) against trafficking in children and women, in close collaboration with development partners and other key stakeholders. The Government also indicates that it is implementing a country programme on trafficking in persons, in close collaboration with various NGO’s, focusing on prevention, prosecution and protection mechanisms. However, the Committee notes with concern the absence of information in the Government’s report on the application of the Human Trafficking and Transportation (Control) Act of 2007. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 11 August 2011, expressed concern about the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, including within the framework of the NPA against trafficking in children and women, and to provide information on the specific measures taken in this regard. It requests the Government to provide, in its next report, information on measures taken to enforce the Human Trafficking and Transportation (Control) Act, 2007 in practice, and on the impact achieved, particularly the number of investigations, prosecutions and convictions. Moreover, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under the Human Trafficking and Transportation (Control) Act, 2007.
2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the ITUC’s communication which outlined migrant workers’ vulnerability to trafficking and forced labour. The Committee requested information on the measures taken to protect migrant workers from exploitative practices amounting to forced labour.
The Committee notes that the ITUC, in its more recent communications, expresses concern that recruitment agencies and brokers are involved in the trafficking of Nepalese migrant workers and their subsequent exploitation in conditions of forced labour. The ITUC refers to a study of returned migrant workers, which found that recruitment agencies were routinely involved in the trafficking of migrant workers: the majority of migrant workers interviewed for this study were deceived concerning a substantial aspect of their employment terms, and many faced high recruitment fees and subsequent debt, the confiscation of their passports, threats, physical and verbal abuse. The ITUC states that the Government has not taken appropriate action in its own jurisdiction to reduce and eliminate the incidence of forced labour and highlights that the effective enforcement of the Foreign Employment Act would significantly reduce migrant workers’ vulnerability to forced labour. While the Foreign Employment Act regulates the activities of recruitment agencies, this Act is not effectively enforced to punish recruitment agencies who repeatedly violate the Act. The ITUC states that the Government has failed to adequately monitor and punish recruitment agencies for failing to comply with their responsibility under the Foreign Employment Act and that, despite widespread violations, only 14 recruitment agencies have been fined under the Act. The ITUC also indicates that, while in August 2012, the Government banned women under the age of 30 from migrating for domestic work in Kuwait, Qatar, Saudi Arabia and the United Arab Emirates, these bans are likely to have the unintended outcome of increasing risks for these women who will continue to seek work through informal routes. Furthermore, the ITUC states that the measures taken by the Government to combat trafficking have not addressed the wider problems of trafficking for labour exploitation which affects migrant workers. The ITUC further alleges that complaints and compensation mechanisms are largely inaccessible to most migrant workers. Lastly, the ITUC references a research study which indicated that the several heads of recruitment agencies admitted to paying bribes to government officials. The ITUC states that the Government must establish an independent body to carry out a prompt, thorough and impartial investigation into allegations of bribery and corruption relating to migration for foreign employment, including of government officials.
The Committee notes the Government’s statement that, in collaboration with the ILO, the Ministry of Labour and Transport Management implemented a project entitled “Protection of Nepalese migrant workers from forced labour and human trafficking” from June 2009 until September 2011. The Government states that major accomplishments of this project include: (i) the translation and promotion of ILO Conventions related to forced labour; (ii) the revision of the foreign employment regulations; (iii) increased compensation for migrant workers who are victims; (iv) strengthening of the data and information system in the Department of Foreign Employment and Foreign Employment Tribunals; (v) trainings for the concerned government officials and stakeholders on issues of forced labour, human trafficking, the monitoring of recruitment of migrant workers and the role of labour attachés; and (vi) partnerships with the association of foreign employment recruitment agencies to promote ethical recruitment procedures and the implement its code of conduct. The Committee also notes the implementation of an ILO project entitled “Preventing trafficking of women and girls for domestic work” from November 2011 to June 2012. According to information from the ILO Special Action Programme to Combat Forced Labour (SAP FL) of August 2012, results from this project include: (i) awareness raising on safe migration and trafficking as well as training to women and girls on these subjects; (ii) the production and distribution of 13,000 brochures and 9,000 posters on safe migration and the risks of human trafficking and forced labour for domestic work; (iii) the provision of training to governmental and non governmental representatives on anti-trafficking; (iv) preliminary steps towards developing a skills-building programme to at-risk or former victims of trafficking; and (v) training for law enforcement officials on countering trafficking for forced labour.
The Committee takes due note of the measures taken by the Government. However, the Committee notes that CEDAW, in its concluding observations of 11 August 2011, expressed concern about the situation of Nepalese women migrant workers and in particular, the fact that a large number of Nepalese women are undocumented, which increases their vulnerability to sexual exploitation, forced labour and abuse. It also expressed concern at the limited initiatives to ensure pre-departure information and skills training as well as the lack of institutional support both in Nepal and in countries of employment to promote and protect the rights of Nepalese women migrant workers (CEDAW/C/NPL/CO/4-5, paragraph 33).
The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to pursue its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective application of the Foreign Employment Act. The Committee requests the Government to provide, in its next report, information on the application of the Foreign Employment Act in practice, particularly the number of violations reported, investigations, prosecutions and the specific penalties applied. Expressing its concern at allegations of complicity of government officials, the Committee urges the Government to redouble its efforts to ensure that perpetrators of trafficking in persons and forced labour of migrant workers, and complicit government officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, the Committee requests the Government to continue to provide information on steps taken in this regard, particularly on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers and to grant them access to justice, as well as to other complaints and compensation mechanisms.
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 with regret 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
Communications from the ITUC. The Committee notes the communication dated 31 August 2009, submitted by the International Trade Union Confederation (ITUC), which describes migrant workers’ vulnerability facing indebtedness, trafficking and forced labour, and urges the Government to take action to enforce the protection of this category of workers. The Committee notes that these communications were transmitted to the Government in September 2009 for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, including information on the measures taken to protect migrant workers from exploitative practices amounting to forced labour.
Communication of texts. The Committee again requests the Government to supply, with its next report, copies of the following legislation: the Country Code (or the “Muluki Ain”) 1964, and the Public Offences (Crime and Punishment) Act 1970, as well as prison rules and any other provisions governing prison labour; and the Military Act and other provisions governing conditions of service of career military personnel.
1. Trafficking in persons. The Committee notes the Government’s brief indications in its report concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. It again requests the Government to provide information on the application in practice of the Human Trafficking (Control) Act, 2007, indicating the various measures taken to prevent, suppress and punish trafficking in persons.
2. Compulsory work or service for public purposes. In its earlier comments, the Committee noted that article 29 of the Interim Constitution of Nepal 2007, similarly to article 20 of the 1990 Constitution, allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicates in its report that this type of work is mainly associated with providing minimum basic services to the public; that it includes services such as public utilities like water supply, electricity, hospital and pharmacy, etc.; and that, in any case, working in the public utility services does not mean forced labour. The Government reiterates that no public works or services are performed based on the exaction of forced or compulsory labour. However, as the Government indicated previously, the decision to carry out such compulsory public works is taken by respective local government bodies, users’ committee or a committee formed by the community itself for that specific purpose.
The Committee points out once again, taking into account the provision of article 29 of the Interim Constitution referred to above, as well as the provisions of the Local Self-Governance Act, 1999, which aims at enhancing the participation of all people including ethnic communities, indigenous people, etc. in mobilizing and allocating means for the development of their own region (preamble to the Act) and gives priority to projects aiming at the utmost participation of the local people at the village and municipality levels (sections 43(3)(c) and 114(3)), that the nature and scale of these works are such as to raise questions of compliance with the Convention. The Committee reiterates its hope that the necessary measures will be taken, both in law and in practice, in order to ensure the observance of the Convention, e.g., by amending the above provisions so as to ensure that the nature and scale of these works are reduced to a strict minimum allowed by Article 2(2)(e) of the Convention for “minor communal services”. Pending the adoption of such measures, the Committee requests the Government once again to continue to provide information on the compulsory public works or services performed by the population, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works.
3. Freedom of civil service employees to terminate employment. In its earlier comments the Committee noted that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act 1993, that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. While noting the Government’s indications in its report concerning the operation of its voluntary early retirement scheme, the Committee again requests the Government to indicate the time limits prescribed by the Government for civil servants to retire from service voluntarily, as well as the conditions for approval of the resignation, and to supply copies of relevant texts. Please also indicate whether an application to resign may be refused and, if so, what are the grounds for refusal.
4. Freedom of career military personnel to leave their service. The Committee notes the Government’s repeated indication in its reports that the Military Act, 2006, contains no provisions concerning the right of military officers and other career military personnel to leave the service. The Committee requests the Government to take measures to guarantee, both in law and practice, that military officers and other career military personnel have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. In the meantime, the Government is asked to provide information about requests to leave military service that, in practice, have actually been made by military officers and other career military personnel, including the numbers of requests made and their disposition.
Article 25. Penal sanctions. The Committee previously noted the provisions of the Kamaiya Labour (Prohibition) Act, 2002, and the Human Trafficking (Control) Act, 2007, which impose penalties of imprisonment for various offences connected with trafficking in persons and bonded labour. Noting the Government’s renewed statement in its report that no complaint has been filed in a court of law concerning the use of Kamaiya bonded labour, the Committee reiterates its hope that the Government will provide information on the application in practice of the penal provisions of the Kamaiya Labour (Protection) Act, 2002, as soon as the relevant court decisions are available. The Committee also repeats its requests for information on the application in practice of the penal provisions of the Human Trafficking (Control) Act, 2007, and, more generally, on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour (e.g. under the country code referred to above) and on any penalties imposed, supplying copies of the relevant court decisions.

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

Communications from the ITUC. The Committee notes two communications dated 26 and 31 August 2009 submitted by the International Trade Union Confederation (ITUC), which contain observations concerning the application of the Convention in Nepal. It notes that, in the latter communication, the ITUC forwarded three reports which contain results of research carried out by the General Federation of Nepalese Trade Unions (GEFONT) concerning bonded labour in Nepal under the Kamaiya system, as well as bonded labour practices in the brick kiln industry and domestic service sector. The Committee notes that these communications were transmitted to the Government in September 2009 for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Communication of texts. The Committee again requests the Government to supply, with its next report, copies of the following legislation: the Country Code (or the “Muluki Ain”) 1964, and the Public Offences (Crime and Punishment) Act 1970, as well as prison rules and any other provisions governing prison labour; and the Military Act and other provisions governing conditions of service of career military personnel.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Bonded labour of children. The Committee notes the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country; in particular, the Government refers to the project of ILO–IPEC entitled “Sustainable elimination of (child) bonded labour in Nepal”. As the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee henceforth refers the Government to its comments on this issue addressed to the Government under that Convention.

Trafficking in persons. The Committee notes the Government’s brief indications in its report concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. It again requests the Government to provide information on the application in practice of the Human Trafficking (Control) Act, 2007, indicating the various measures taken to prevent, suppress and punish trafficking in persons.

Compulsory work or service for public purposes. In its earlier comments, the Committee noted that article 29 of the Interim Constitution of Nepal 2007, similarly to article 20 of the 1990 Constitution, allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicates in its report that this type of work is mainly associated with providing minimum basic services to the public; that it includes services such as public utilities like water supply, electricity, hospital and pharmacy, etc.; and that, in any case, working in the public utility services does not mean forced labour. The Government reiterates that no public works or services are performed based on the exaction of forced or compulsory labour. However, as the Government indicated previously, the decision to carry out such compulsory public works is taken by respective local government bodies, users’ committee or a committee formed by the community itself for that specific purpose.

The Committee points out once again, taking into account the provision of article 29 of the Interim Constitution referred to above, as well as the provisions of the Local Self-Governance Act, 1999, which aims at enhancing the participation of all people including ethnic communities, indigenous people, etc. in mobilizing and allocating means for the development of their own region (preamble to the Act) and gives priority to projects aiming at the utmost participation of the local people at the village and municipality levels (sections 43(3)(c) and 114(3)), that the nature and scale of these works are such as to raise questions of compliance with the Convention. The Committee reiterates its hope that the necessary measures will be taken, both in law and in practice, in order to ensure the observance of the Convention, e.g., by amending the above provisions so as to ensure that the nature and scale of these works are reduced to a strict minimum allowed by Article 2(2)(e) of the Convention for “minor communal services”. Pending the adoption of such measures, the Committee requests the Government once again to continue to provide information on the compulsory public works or services performed by the population, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works.

Freedom of civil service employees to terminate employment. In its earlier comments the Committee noted that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act 1993, that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. While noting the Government’s indications in its report concerning the operation of its voluntary early retirement scheme, the Committee again requests the Government to indicate the time limits prescribed by the Government for civil servants to retire from service voluntarily, as well as the conditions for approval of the resignation, and to supply copies of relevant texts. Please also indicate whether an application to resign may be refused and, if so, what are the grounds for refusal.

Freedom of career military personnel to leave their service. The Committee notes the Government’s repeated indication in its reports that the Military Act, 2006, contains no provisions concerning the right of military officers and other career military personnel to leave the service. The Committee requests the Government to take measures to guarantee, both in law and practice, that military officers and other career military personnel have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. In the meantime, the Government is asked to provide information about requests to leave military service that, in practice, have actually been made by military officers and other career military personnel, including the numbers of requests made and their disposition.

Article 25. Penal sanctions. The Committee previously noted the provisions of the Kamaiya Labour (Prohibition) Act, 2002, and the Human Trafficking (Control) Act, 2007, which impose penalties of imprisonment for various offences connected with trafficking in persons and bonded labour. Noting the Government’s renewed statement in its report that no complaint has been filed in a court of law concerning the use of Kamaiya bonded labour, the Committee reiterates its hope that the Government will provide information on the application in practice of the penal provisions of the Kamaiya Labour (Protection) Act, 2002, as soon as the relevant court decisions are available. The Committee also repeats its requests for information on the application in practice of the penal provisions of the Human Trafficking (Control) Act, 2007, and, more generally, on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour (e.g. under the country code referred to above) and on any penalties imposed, supplying copies of the relevant court decisions.

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

The Committee has noted the information provided by the Government in reply to its previous direct request. It has noted, in particular, the adoption of the Interim Constitution of Nepal 2007, which contains a provision prohibiting trafficking in human beings, slavery, serfdom or forced labour in any form (article 29). The Committee has also noted the comments on the application of the Convention submitted by the General Federation of Nepalese Trade Unions (GEFONT) on 11 September 2007, which were transmitted to the Government in October 2007 for any comments as might be considered appropriate.

Communication of texts. The Committee again requests the Government to supply, with its next report, copies of the following legislation: the Country Code (or the “Muluki Ain”) 1964, and the Public Offences (Crime and Punishment) Act 1970, as well as prison rules and any other provisions governing prison labour; the Military Act and other provisions governing conditions of service of career military personnel. Please also provide a copy of the Human Trafficking (Control) Act 2007.

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. The Committee has noted the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country. It has noted, in particular, the information on the impact assessment of the USDOL/ILO/IPEC project entitled “Sustainable elimination of bonded labour” aiming at the effective rehabilitation of kamaiyas. The impact assessment has shown, inter alia, that 87.1 per cent of the total household of ex-kamaiyas have received agricultural land, that the number of children enrolled in school has increased and that there has been considerable increase in the literacy rate in the ex-kamaiyas households, as well as changes in attitude and awareness. Having noted the Government’s commitment to eliminate the problem of the kamaiya labour, the Committee hopes that the Government would continue to provide, in its future reports, information on various measures taken with a view to eradicate the vestiges of kamaiya system under the Kamaiya Labour Prohibition Act 2002, supplying copies of relevant reports, studies and inquiries, as well as available statistics.

2. Trafficking in human beings. Referring to its comments made under Convention No. 182, likewise ratified by Nepal, the Committee has noted the information provided by the Government concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. It has noted with interest the adoption of the Human Trafficking (Control) Act 2007, which prohibits trafficking in persons, defines it as a criminal offence, imposes heavy penalties of imprisonment on perpetrators and provides for victim protection and rehabilitation measures. The Committee requests the Government to provide a copy of the 2007 Act, as well as information on its application in practice, indicating various measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

3. Compulsory work or service for public purposes. The Committee notes that article 29 of the Interim Constitution of Nepal 2007, similarly to article 20 of the 1990 Constitution, allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicates that public works or services are rarely based on forced or compulsory labour and that most public works or labour contributions tend to aim at building some public or communal facilities, such as rural trails or roads, drinking water or school building or health post and the like. The Government also confirms its previous indication that such community works are not of a regular nature and there are rarely any programmes that require contribution of more than 60 days by a household member in a year; usually such programmes do not extend beyond one week. The Government also reiterates that such labour contributions are voluntary rather than imposed by compulsion. However, as the Government indicated previously, the decision to carry out such compulsory public works is taken by respective local government bodies, users’ committee or a committee formed by the community itself for the specific purpose. It also referred in this connection to the minor communal services in the direct interest of the community, within the meaning of Article 2(2)(e) of the Convention.

As regards the exemption of “minor communal services” from the scope of the Convention, the Committee drew the Government’s attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see also the explanations contained in paragraphs 65–66 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee points out once again, taking into account the provision of article 29 of the Interim Constitution referred to above, as well as the provisions of the Local Self-Governance Act 1999, which aims at the enhancing the participation of all the people including ethnic communities, indigenous people, etc. in mobilizing and allocating means for the development of their own region (preamble to the Act) and gives priority to projects aiming at the utmost participation of the local people at the village and municipality levels (sections 43(3)(c) and 114(3)), that the nature and scale of these works are such as to raise questions of compliance with the above criteria established by the Convention. The Committee therefore hopes that, in the light of the above considerations, measures will be taken, both in law and in practice, in order to ensure the observance of the Convention in this regard, e.g. by amending the above provisions so as to ensure that the nature and scale of these works are reduced to a strict minimum allowed by Article 2(2)(e) of the Convention. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory public works or services performed by the population, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works.

4. Freedom of civil service employees to terminate employment. The Committee previously noted that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act 1993, that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. The Committee again requests the Government to indicate the time limits prescribed by the Government for this purpose, as well as the conditions for approval of the resignation, and supply copies of relevant texts. Please also indicate whether an application to resign may be refused and, if so, what are the grounds for refusal.

5. Freedom of career military personnel to leave their service. The Government indicates in its report that the Military Act 2006, contains no provisions concerning this issue. The Committee requests the Government to indicate, in its next report, whether it is guaranteed in the national law that military officers and other career military servicemen have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 25. Penal sanctions. The Committee has noted the provisions of the Kamaiya Labour Prohibition Act 2002, and the Human Trafficking (Control) Act 2007, which impose penalties of imprisonment and heavy fines for various offences connected with trafficking in persons and bonded labour. Having noted the Government’s statement in the report that no complaint has been filed under the Kamaiya Labour Prohibition Act 2002, the Committee hopes that the Government will not fail to provide information on the application of its penal provisions, as soon as the relevant court decisions are available. The Committee also requests the Government to supply information on the application in practice of the penal provisions of the Human Trafficking (Control) Act 2007, and, more generally, on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour (e.g. under the country code referred to above) and on any penalties imposed, supplying copies of the relevant court decisions.

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

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has noted the provision of section 20 of the Constitution of the Kingdom of Nepal prohibiting trafficking in human beings, slavery, serfdom or forced labour in any form. The Committee requests the Government to supply, with its next report, copies of the following legislation: the Country Code (or the "Muluki Ain"), 1964, and the Public Offences (Crime and Punishment) Act, 1970, as well as prison rules and any other provisions governing prison labour; the Military Act and other provisions governing conditions of service of career military personnel, as well as additional information on the following points:

Article 1(1) and Article 2(1) of the Convention. 1. Bonded labour. The Committee has noted the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country. It has noted with interest the adoption of the Kamaiya Labour Prohibition Act, 2002, which prohibits debt bondage (sections 3 and 4) and provides for rehabilitation of freed kamaiyas, by creating the Freed Kamaiya Rehabilitation and Monitoring Committees to that effect. According to the report, the Ministry of Land Reform and Management is the leading agency working for the eradication of kamaiya labour practices in the country. At the district level, rehabilitation activities are coordinated by a committee chaired by the chairperson of respective district development committees. The Government indicated in its first report that, in 2000, the total number of kamaiya families was 18,400, and the total number of kamaiyas, including their children, was 101,522. According to the Government’s latest report received in September 2005, 12,019 ex-kamaiya families received land parcels and 8,705 families received financial assistance for building houses. The Committee has also noted from the information available in the Office that in 2000 the Government launched, with the assistance of ILO/IPEC and the ILO InFocus Programme on Promoting the Declaration, a project entitled "Sustainable elimination of bonded labour" aiming at the effective rehabilitation of kamaiyas, which was extended until August 2005. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on various measures taken with a view to eradicating the vestiges of the kamaiya system under the 2002 Act, supplying copies of relevant reports, studies and inquiries, as well as available statistics. Please also supply information on the impact of the abovementioned project carried out with ILO assistance on the rehabilitation of kamaiyas.

2. Trafficking in human beings. Referring to its comments made under Convention No. 182, likewise ratified by Nepal, the Committee has noted the information provided by the Government concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. According to the Government, trafficking poses a significant challenge for Nepal as it has a cross border dimension; though authentic data is not available, figures obtained from various sources vary from 5,000 to 12,000 trafficked persons per year, which may illustrate the actual magnitude of the problem. The Committee has noted that trafficking in persons is prohibited under the Trafficking in Persons (Prohibition) Act, 1986, and the Country Code, which define it as a criminal offence and impose penalties on perpetrators. It has also noted the Government’s indications concerning the implementation of the National Plan of Action against Trafficking in Women and Children for Sexual and Labour Exploitation. According to the report, the Ministry of Women, Children and Social Welfare (MOWCSW) is the national focal point responsible for planning, implementation, coordination, monitoring and evaluation of trafficking-related legislation, policies and programmes. The Committee notes from the information available in the Office that the Human Trafficking (Control) Bill was adopted in 2000, but has not yet entered into force. The Committee requests the Government to keep the ILO informed about the perspective of its entry into force and to continue to supply information on measures, legislative or otherwise, taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Task Force and District Task Forces on trafficking, to which reference has been made in the report.

3. Compulsory work or service for public purposes. The Committee notes that article 20 of the Constitution referred to above does not prohibit compulsory public service under the law for public purposes. The Government indicates that public works are carried out in most cases under "food for work" programmes in which the contributors are provided with food in lieu of wage. Most of public works or labour contributions tend to aim at building some public or communal facilities, such as rural trails or roads, drinking water or school building or health posts and the like. The decision to carry out such compulsory public works is taken by respective local government bodies, users’ committees or a committee formed by the community itself for the specific purpose. The Government indicates that such compulsory labour is not permitted for the benefit of private individuals, companies and associations, and the decisions to carry it out are sensitive to the needs of the people and do take precautions not to place too heavy a burden on the population. In its second report, the Government also refers in this connection to the minor communal services in the direct interest of the community, within the meaning of Article 2(2)(e) of the Convention, which are decided by the community itself or sometimes by the local self-government institutions, in consultation with the community. The Government further indicates that such community works are not of a regular nature and there are rarely any programmes that require contribution of more than 60 days by a household member in a year; usually such programmes do not extend beyond a week at one time. The Government also states that the decision to make such labour contribution is taken voluntarily by an individual concerned, and there are no legal provisions which impose penalties for not providing such labour. According to the report, as the practice of compulsory labour is rare in the country, no precise regulations on the subject have been issued.

While noting these indications, the Committee recalls that Article 2(2)(e) exempts from the provisions of the Convention "minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community". Referring to paragraph 37 of its General Survey of 1979 on the abolition of forced labour, the Committee draws the Government’s attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services".

The Committee observes, taking into account the constitutional provision referred to above, as well as the provisions of the Local Self-Governance Act, 1999, which aims at the enhancing the participation of all the people including ethnic communities, indigenous people, etc. in mobilizing and allocating means for the development of their own region (preamble to the Act) and gives priority to projects aiming at the utmost participation of the local people at the village and municipality levels (sections 43(3)(c) and 114(3)), that the nature and scale of these works are such as to raise questions of compliance with the above criteria established by the Convention. The Committee therefore requests the Government to provide information on the works performed by the population under the projects carried out under the above provisions of the Local Self-Governance Act, 1999, describing the consultations which took place with the members of the local communities, or their direct representatives, in regard to the need for such works, as well as information on measures taken or envisaged to ensure the observance of the Convention in this regard.

4. Freedom of workers and employees to terminate employment. The Committee notes that it follows from the wording of sections 35(1) and 36(1) of the Civil Service Act, 1993, that civil servants may retire from service voluntarily within the time limits prescribed by the Government and may leave the post after the approval of their resignation. Please indicate the time limits prescribed by the Government for this purpose, as well as the conditions for approval of the resignation, and supply copies of relevant texts. Please also indicate whether an application to resign may be refused, and if so, what are the grounds for refusal.

5. Please provide information on the conditions of termination of employment for workers and employees employed in organizations, enterprises, institutions or firms under the provisions of the Labour Act, 1992.

6. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 25. The Committee has noted the provisions of the Trafficking in Persons (Prohibition) Act, 1986, and the Kamaiya Labour Prohibition Act, 2002, which impose penalties of imprisonment and heavy fines for various offences connected with trafficking in persons and bonded labour. The Committee requests the Government to provide information on the application of these provisions in practice and, more generally, on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour (e.g. under the Country Code referred to above) and on any penalties imposed, supplying copies of the relevant court decisions.

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