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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nepal (RATIFICATION: 1974)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on political opinion. Referring to its previous comments concerning the interpretation of sections 10 and 61(2) of the Civil Service Act, which provide that “moral turpitude” shall be a ground for exclusion or removal from the civil service, the Committee notes the Government’ s indication that neither judicial nor administrative bodies dealt with new cases involving the application of these provisions. The Committee encourages the Government to continue providing information on any new cases decided by courts and tribunals concerning the application of sections 10 and 61(2) of the Civil Service Act, especially cases involving the expression of political opinions.

Discrimination based on sex. Sexual harassment. The Government informs that local governments and sectoral offices have adopted codes of conduct to address sexual harassment at work. Concerning actions taken to address the social stigma attached to sexual harassment, the Ministry of Labour, Employment and Social Security is collaborating with the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) and the Joint Trade Union Coordination Centre (ITUCC) on various awareness-raising campaigns about sexual harassment, which are carried out, with the support of the ILO, as a part of a comprehensive programme on violence and harassment in the world of work, as defined by the Violence and Harassment Convention, 2019 (No. 190). Overall, during the fiscal year 2022/2023, 60 awareness-raising programmes were undertaken by 11 labour offices for workers, employers and trade unions; 27 training programmes on awareness-raising and capacity enhancement for labour inspectors, trade unions, employers’ organizations and workers were conducted by the Department of Labour and Occupational Safety; and four programmes on workers’ welfare were realised by the Ministry of Labour, Employment and Social Security with the participation of employers’ organizations, trade unions and workers. In addition, the National Women Commission developed an online system for reporting cases of sexual harassment in full confidentiality and has made available a help-line service number, which is available 24 hours a day, seven days a week. Furthermore, the Five Years Strategic Plan (2020/21–2024/25) of the National Women Commission envisages the implementation of “awareness, promotional and legal remedial programs to end all kinds of violence, abuse, exploitation, discrimination and social ill practices carried out against women based on gender”. The Committee also notes that, according to the 15th annual report of the Commission, none of the 1464 complaints received during the fiscal year 2021/22 concerned cases of sexual harassment at work. The Committee requests the Government to continue to provide information on the measures taken to raise awareness about sexual harassment and enhance the capacity of all actors concerned, including workers, employers and competent authorities, to prevent and address it. Please also include information on the measures taken to disseminate information about the various remedies available to the victims and address any obstacle that they may face to access them. The Committee also reiterates its request for information on the number of cases of sexual harassment at work dealt with by internal complaint mechanisms set up at the enterprise level, labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education institutions and at the workplace.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Government informs about the ongoing elaboration of a “Gender Equality, Disability and Inclusion” self-assessment tool, with the support of the ILO, which should be finalized in 2024 and is aimed at improving service delivery and strengthening the application of sections 24 (1) and 24 (3) of the Rights of Persons with Disabilities Act of 2017, concerning respectively the provision of vocational training and the prohibition of discrimination by enterprises. Concerning relevant statistical information on persons with disabilities, the Committee notes that they are currently unavailable but the Government is working, with the support of the ILO, towards collecting some employment data disaggregated by disability status in the forthcoming labour survey, which will be conducted in 2024. Welcoming the Government’s efforts, the Committee requests it: (i) to provide more details on the self-assessment tool as well as information on the results achieved through its implementation, particularly as regards the application of sections 24(1) and 24(3) of the Rights of Persons with Disabilities Act of 2017; (ii) to supply the statistical information gathered through the 2024 labour survey on the labour situation of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market) when available; and (iii) to provide information on any other measure envisaged or adopted to promote the principles of the Convention in favour of persons with disabilities, taking into account a gender perspective.

Articles 2 and 3. National equality policy. The Government indicates that the 2015 National Employment Policy is under revision and the new policy will include specific measures to promote equality of opportunity and treatment. The Committee requests the Government to provide a copy of the new National Employment Policy once adopted along with information on the implementation of the measures envisaged to promote equality of opportunities and treatment in respect of employment and occupation, in both urban and rural areas, in the formal and informal economies, irrespective at least of all the grounds of discrimination listed in Article 1(1)(a) of the Convention.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that the Central Labour Advisory Committee has adopted an action plan on formalization which prioritizes transition to formality of women workers, with a particular focus on the agriculture, construction and transport sectors, where women are especially concentrated. The Committee also notes: (a) the National Gender Equality Policy adopted in 2020, which includes commitments to good governance, social justice, gender equality and women’s empowerment; and the 4-year programme "Empowered Women, Prosperous Nepal” (Shashakta Mahila, Sambridhha Nepal), which, among others, encompasses actions aimed at changing social norms and pursuing women’s economic empowerment. Furthermore, the Committee notes from the report “A Progressive Journey to Gender Equality and Women’s Empowerment”, issued in 2020 by the Ministry of Women, Children and Senior Citizens, that, among other things : a) there has been a steady rise of women in public service, from 11.09 per cent in 2008/09 to 23.6 per cent in 2017/18, with projections suggesting that a 50:50 scenario will be reached by 2037; (b) gender issues and rights of women and girls are being incorporated in the school curriculum to develop understanding and sensitize the students on respect for gender issues; (c) gender parity in education at the primary, secondary and tertiary levels has been reached; (d) the Centre for Technical Education and Vocational Training (CTEVT) has adopted a gender equality and social inclusion policy in its training courses and a scholarship programme on Science, Technology, Engineering and Mathematics (STEM) has been introduced with the aim of promoting access to STEM courses of talented girls, from class eight onwards, belonging to disadvantaged and marginalized communities; and (e) the Agriculture Development Strategy (2016–35) envisages the adoption of measures to enhance women’s access to and control over productive resources, taking into account that the majority of women and girls are engaged in agriculture. At the same time, the Committee notes from the report of the UN Special Rapporteur on extreme poverty and human rights on his country visit to Nepal that, in many families, the idea that a woman’s place is in the home persists and, as a result, women are often expected to focus on child-rearing and taking care of the elderly (A/HRC/50/38/Add.2, 13 May 2022, paragraph 48). The Committee requests the Government to provide detailed information on the measures taken under the National Gender Equality Policy, the action plan on formalization, the "Empowered Women, Prosperous Nepal” Programme, the Agriculture Development Strategy (2016 - 2035) and any other relevant policy or strategy to enhance equality of opportunity and treatment for women and girls and their impact, notably how and to what extent:

these measures have contributed to address the horizontal and vertical gender occupational segregation;
have challenged harmful gender stereotypes concerning the role of women and girls in their families, communities and societies;
have increased women’s and girls’ access to formal jobs;
have sustained efforts towards gender parity in school enrolment, retention and completion at all levels and all fields;
have improved women’s and girls’ access to and control over land and natural resources removing any gender-based discrimination in this respect; and
have raised awareness about the principles of the Convention among enforcement officials, workers’ and employers’ organizations as well as women themselves, enhancing also in particular women’s knowledge of their rights and the remedies available.

The Committee also requests the Government to provide information on:

the number of girls who participated in the scholarship programme on Science, Technology, Engineering and Mathematics (STEM) and found job opportunities in these fields; and
statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy, once the results of the labour survey scheduled for 2024 are available.

Equality of opportunity and treatment irrespective of social origin. Referring to its previous comments concerning the implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, and the work of the National Dalit Commission, the Committee notes the Government’s indication that, during the 2021/22 fiscal year, the Commission monitored incidents of racial discrimination and untouchability in 40 out of 77 districts; forwarded 43 complaints to the concerned agencies for further investigation; and conducted awareness-raising activities in all provinces. It also submitted a set of recommendations to the Government to address discrimination against Dalit people. The Committee also notes from the report of the UN Special Rapporteur on extreme poverty and human rights on his country visit to Nepal that caste-based discrimination persists across the country: discrimination is the single most important factor in explaining why Dalit people are disproportionately affected by poverty and also underpins their limited employment opportunities owing to occupation specialization preventing Dalit from accessing well-paid jobs, as well as lack of access to quality education and land (A/HRC/50/38/Add.2, 13 May 2022, paragraph 24). The Committee requests the Government to provide information on the recommendations formulated by the National Dalit Commission and the measures taken by the Government on the basis of such recommendations to address discrimination against Dalit people, including any measure adopted to promote their access to productive resources. In addition, it requests the Government to provide information on: (i) the application in practice of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, including information on the number, nature and outcome of any complaints of caste-based discrimination dealt with by labour inspectors, the courts or any other competent authority; as well as (ii) the outcome of the complaints forwarded by the National Dalit Commission to the competent authorities, including the remedies granted.

Article 5. Special measures of protection and assistance. The Government informs that, in the fiscal year 2021/22, under the quota system introduced in the civil service, police and other Government services in favour of disadvantaged groups, 1023 candidates obtained permanent positions, of which 380 were attributed to women; 288 to indigenous peoples; 191 to Madheshi; 74 to Dalit; 53 to persons with disabilities and 37 to other groups. The Committee recalls that pursuant to both article 18(3) of the new Constitution and section 19 of the National Civil Code of 2017, the adoption of special provisions by law for the protection, empowerment or advancement of disadvantaged categories of persons such as women socially and culturally disadvantaged, Dalits, minorities, indigenous people, persons with disabilities, or citizens originating from isolated regions and financially deprived citizens, shall not be considered as discrimination. The Committee requests the Government to continue to provide information on the application of the quota system, including details concerning the grade and occupational categories covered, disaggregating the information pertaining to each targeted group, to the extent possible, by sex, disability status and ethnic or indigenous origin. The Committee also again requests the Government to provide information on the application of article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017 in practice, including on any additional special measures of protection or assistance envisaged or taken within this framework, in both the public and private sectors.

Enforcement. Noting ongoing efforts aimed at strengthening the national inspectorate system, the Committee requests the Government to provide information on their outcome. It also requests the Government to continue to provide information on the number, nature and outcome of any cases or complaints on discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authority and to encourages it to take proactive measures to strengthen the capacity of enforcement officials to detect and address such cases as well as to enhance general awareness about relevant legislative protections and remedies available.