CMNT_TITLE

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

Other comments on C029

Observation

Direct Request

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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.