Interim Report - REPORT_NO253, November 1987

1. 302. The World Confederation of Organisations of the Teaching Profession (WCOTP) originally presented its complaint of violations of trade union rights - on behalf of its affiliate, the Nepal National Teachers' Association - in a communication dated 21 May 1985. Despite numerous requests to the Government for its observations on the various allegations, no reply was received and the Committee was obliged on two occasions to examine this case without the benefit of the Government's reply (see 244th Report, paras. 337 to 356, and 251st Report, paras. 373 to 398, approved by the Governing Body at its 233rd and 236th Sessions, May 1986 and May 1987 respectively).
2. 303. The Government supplied certain information in a communication dated 25 May 1987. The WCOTP sent additional information in a letter dated 30 July 1987.
3. 304. At its 236th Session, the Governing Body, on the Committee's recommendation, authorised the Chairman of the Committee to contact the representatives of the Government attending the International Labour Conference in order to discuss appropriate ways through which the Committee might pursue its examination of the case (251st Report, para. 12). Such a meeting accordingly took place on 11 June 1987, at which the Government representatives assured the Chairman of the Committee that detailed information would be submitted in writing before the November session of the Governing Body.
4. 305. Subsequently, in response to a request for intervention made by the WCOTP on 30 June 1987, the Director-General of the ILO cabled the Nepalese authorities on 7 July 1987 urging them to transmit their observations on the serious allegations of arrests and police interference in the teachers' organisation's conference. The Director-General offered to send a representative to Nepal to discuss the general situation and to assist in finding solutions in light of the internationally recognised ILO principles and standards on trade union rights.
5. 306. No further information has been forthcoming from the Government on this case.
6. 307. Nepal has not ratified the Freedom of Association and Protection of the Right to Organise Convention,1948 (No.87), or the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. Previous examination of the case

1. 308. In its previous examinations of this case, the Committee noted that the WCOTP alleged the following: (1) refusal, since early 1980, by the authorities to register the Nepal National Teachers' Association (NNTA); (2) refusal by the Minister of Education to enter into negotiations with the NNTA, whereas two new government-controlled teachers' unions have been set up after talks; (3) repressive actions by the authorities, including death of six district officers of the NNTA, detention for over two years of eight NNTA leaders, interference in the NNTA second national conference by the police and mass arrests of demonstrating teachers. The complainant supplied a list of 61 named teachers allegedly dismissed because of their trade union activities and a list of 35 named teachers allegedly transferred for such activities.
2. 309. At its session in May 1987, the Governing Body, on the Committee's recommendation, approved the following:
   • a) The Committee deplores the fact that the Government has not sent its observations on this case in spite of many requests to do so and that the Committee has therefore been obliged, on two occasions, to examine the case in the absence of these observations.
   • b) Given the seriousness of the numerous allegations in this case, the Committee urges the Government to do its utmost to ensure that respect for trade union rights of teachers is guaranteed freely in Nepal.
   • c) Meantime, the Committee once again hopes that the Nepal National Teachers' Association, which has been applying for registration since early 1980, will be able to plead its case before the courts.
   • d) The Committee draws the Government's attention to the principle that favouritism or discrimination in its dealings with unions jeopardises the right of workers to form and join organisations of their own choosing and it urges the Government to inform it rapidly of the current situation of the union leaders who have apparently been detained, dismissed or transferred and of the return of confiscated papers to the union.
   • e) As regards the alleged deaths of teacher unionists at police hands, the Committee urges that a judicial inquiry be carried out as soon as possible so that steps will be taken to punish those responsible and prevent the repetition of such actions; it again requests the Government to keep it informed of developments in these matters.

B. Observations supplied by the Government

1. 310. In its communication of 25 May 1987, the Government states that the complaint lodged by the Nepal National Teachers' Association is baseless and malicious and that the allegations were intended to malign the Government.
2. 311. The Government explains that the importance of youth in the building of the nation need not be emphasised and the responsibility of inculcating discipline and providing knowledge to the young lies mainly with the teachers. Recognising this tremendous responsibility of teachers, states the Government, it has been trying to raise the morale and spirit of teachers in Nepal. For example, it has recently constituted an ad hoc committee to draft a constitution to form a teachers' association for the promotion of teaching and academic work, career development and protection of the rights and interests of teachers remaining within the parameters of the constitution and existing laws of the land. This committee is chaired by a member of Parliament and includes a wide range of representatives from both the primary- and secondary-level teachers of the country.
3. 312. According to the Government, the ad hoc committee has drafted the constitutions of the Nepal National Primary Teachers' Association and the Nepal National Secondary Teachers' Association, both of which have received the Government's assent. Central-level ad hoc committees have been constituted to set up the primary- and secondary-level teachers' associations as envisaged in the newly drafted constitutions. Therefore, concludes the Government, the problems of the teachers have been solved.
4. 313. Lastly, the Government states that no teacher has been imprisoned on the ground of his or her educational and academic pursuits.

C. Additional information from the complainant

1. 314. In its letter of 30 July 1987, the WCOTP alleges that the police hindered the activities of its Asian Regional Representative while he was in Kathmandu and prevented the holding of its affiliate's third national conference, scheduled for 25 to 27 June 1987 and at which 185 NNTA delegates were expected. In addition, the WCOTP cites a newspaper report of the Minister of Education's statement in Parliament to the effect that any organisation other than the newly formed Nepal Primary Teachers' Association and the Nepal Secondary Teachers' Association would be illegal under section 6 of Act No. 2018, which prohibits the creation of associations parallel to already registered ones; this same report quotes the Minister as threatening "strong action" against those planning a conference on 25 to 27 June and indulging in activities banned by law.
2. 315. According to the complainant, it sent its Regional Representative to Kathmandu to attend the NNTA's third national conference and from the moment of his arrival he suffered police surveillance, including the tapping of his hotel telephone. On 24 June, the police prevented him from visiting the NNTA's office. Officials of the UNDP advised him that the authorities would not be responsible for his safety if he remained in the country. Two NNTA representatives who went to the Regional Representative's hotel were arrested upon their arrival. On 27 June, the co-ordinator and three other principal officers of the "Central Ad Hoc Committee" - established by the Government to set up the two government-controlled associations - attempted to visit the Regional Representative but were prevented by the police. They appealed by telephone from the hotel to a number of ministers and government officials but were unable to obtain authority to speak to the WCOTP representative.
3. 316. The WCOTP states that it is clear that the ban on contact with international organisations - a flagrant violation of freedom of association - extends even to the artificial associations created by the Government.
4. 317. According to the complainant, the first arrests of teachers in connection with the national conference began as delegates from outlying areas were preparing to leave their homes a week before the conference. Teachers were seized, confined to cells where there was no room to lie down and refused food. On 25 June 1987, in the vicinity of the NNTA office, there were indiscriminate arrests of teachers, students, parents and passers-by. The WCOTP supplies a list of 72 arrested teachers (see annex).
5. 318. That evening, states the WCOTP, an attempt by the police to enter the NNTA office was frustrated by a gathering of local people. During that day, the premises on which the conference was to be held were surrounded by police and all access prohibited. The conference, however, did take place on 27 June at an undisclosed location and was, according to the WCOTP, peaceful and attended by members of Parliament, representatives of parents, students, professional associations and the press. It carried out its statutory duties, including election of a national executive committee.

D. The Committee's conclusions

1. 319. The Committee would first express its profound regret that, in spite of the seriousness of the allegations made in this case and the various requests - including contacts and interventions by the Chairman of the Committee and the Director-General of the ILO - made to the Government to transmit its observations thereon, the Government has supplied only one written communication in the form of a general denial that trade union rights have been infringed. In these circumstances, and before examining the substance of the case, the Committee considers it necessary to emphasise once again the considerations it set out in its First Report (paragraph 31), namely that the purpose of the procedure for the examination of allegations of violation of freedom of association is to promote respect for trade union rights in law and in fact, and that if the procedure protects governments against unreasonable accusations, governments should in turn recognise the importance of formulating, for objective examination, detailed factual replies to all the allegations brought against them.
2. 320. The Committee observes that, despite the Government's statement in its communication of 25 May 1987 that "the problems of the teachers have been solved", the complainant organisation's previous and most recent communications allege that members of the Nepal National Teachers' Association are in an extremely dangerous situation, faced with government intervention, arrests, dismissals and confiscation of union property.
3. 321. On the first specific issue which remains outstanding since the original letter of complaint presented in 1985, and on which the Government has never commented, the Committee notes that the NNTA remains unregistered and therefore unrecognised for collective bargaining purposes. It also notes that the Government's letter of 25 May 1987 refers exclusively to the two recently-constituted teachers' associations set up by the Government for, inter alia, "career development and protection of the rights and interests of teachers". The Committee can only deplore - as it did in its previous examinations of this case - this situation in which one of the basic principles of freedom of association - that all workers should be free to form and join organisations of their own choosing without government interference for the promotion and defence of their occupational interests - has not been respected.
4. 322. The Committee notes, moreover, that the Government recognises that the ad hoc committee created to draft the basic documents of the two new associations was chaired by a member of Parliament and submitted its work to the Government for consent. Such a procedure is not in conformity with the principle of freedom of association which guarantees workers' organisations the right to draw up themselves their constitutions and rules. The Government's statement that the ad hoc committee included a wide range of teachers' representatives is not supported by any documentation and does not concord with the earlier allegations of mass arrests of teachers and the continuing detention without trial, apparently on the grounds of union affiliation and activities, of eight NNTA officers.
5. 323. Secondly, as regards the earlier allegations of deaths, arrests and detention without trial of unionised teachers, the Committee notes that the Government denies that any teacher has been imprisoned on the grounds of his or her educational or academic pursuits and that it makes no reference to arrests for trade union reasons apart from a general statement that the complaint is baseless. The Committee is, therefore, obliged to refer to the conclusions it reached in its previous examinations of this case. In particular, it would again express the hope that a judicial inquiry will be set up to investigate the alleged deaths. It again requests the Government to inform it of the charges brought against Messrs. Yagya Murti Arjal, R.P. Panday, A.P. Sapkota, K.P. Bhattari, Ramashis Yadar, Chandeswar P. Shingh, Ram B. Thapa and Madhar.
6. 324. In this connection, the Committee notes that the complainant's most recent communication lists the names of a further 72 teachers allegedly arrested during police disturbance of the NNTA's third national conference which appears to have been held at an undisclosed location in Kathmandu on 27 June 1987. As the Government has not supplied its observations on these new allegations, including that of government interference in contacts between the national teachers' union and a representative of the international occupational organisation to which it is affiliated, the Committee requests it to do so as rapidly and in as detailed a manner as possible.
7. 325. The Committee would also recall that, apart from the Government's general rejection of the complaint as baseless and malicious, it has supplied no information on the alleged police raid on the NNTA premises on 17 May 1985 and the confiscation of union papers. It, therefore, also requests the Government, as in its previous examinations of this case, to supply its specific comments thereon.
8. 326. Given the seriousness of the numerous allegations in this case, the Committee urges the Government to re-examine the Director-General's offer of 7 July 1987 to send a representative to Nepal to assist in finding solutions in accordance with relevant ILO standards and principles on freedom of association.

Z. ANNEX

• Teachers allegedly arrested Name District
• Name District
  1. 1 Sushil Chandra Amatya Lalitpur
  2. 2 Siddhi Bdr Thapa Lalitpur
  3. 3 Bhuban Bahadur Paudel Syanja
  4. 4 Lok Raj Sharma Syanja
  5. 5 Sharada Pd Koirala Bankey
  6. 6 Bhagabati Prasad Bankey
  7. 7 Chet Nath Paudel Kabilvastu
  8. 8 Ramesh Dhakal Bagluny
  9. 9 Cutra Narayan Sindhu
  10. 10 Shesh Raj Dahal Sindhuli
  11. 11 Yagga Raj Dhungel Dolkha
  12. 12 Rabi Kant Thakur Morang
  13. 13 Tekendra Morang
  14. 14 Bishnu Dhakal Sunsari
  15. 15 Dhurba Adhikari Syanja
  16. 16 Yagya Pd. Gaive Syanja
  17. 17 Shiva Neupane Sindhu
  18. 18 Purna Ram Gautan Chitwan
  19. 19 Hira Pd. Nepal Palpa
  20. 20 Lal Mani Pandey Kanchanpur
  21. 21 Chinta Bdr. Dang
  22. 22 Narayan Gautam Jhapa
  23. 23 Shiva Chaudra Bara
  24. 24 Susil Karna Bara
  25. 25 Palat Chaudhary Bara
  26. 26 Hari Gewali Gulmi
  27. 27 Yadav Gewali Gulmi
  28. 28 Uma Nath Ghimire Dhankuta
  29. 29 Hari Paudel Myagdi
  30. 30 Chhebi Dhakal Tanahu
  31. 31 Rameshwor Khanal Tanahu
  32. 32 Keshav Paudel Tanahu
  33. 33 Yak Raj Paliya -
  34. 34 Chet Nath Paudel Kapilvastu
  35. 35 Krishna Dhakal Kaski
  36. 36 Gyanendra Paudel Dhadhing
  37. 37 Kedar Kadel Surkhet
  38. 38 Prem K.C. Dolpa
  39. 39 Padma Nenpane Dhadhing
  40. 40Sada Shiva Joshi Dailek
  41. 41 Dinesh Chaudra Lal Makawanpur
  42. 42 Suresh Hathi Makawanpur
  43. 43 Mahendra Hathi Makawanpur
  44. 44 Nara Nath Galel Khotang
  45. 45 Badri Aeharya Sindhu
  46. 46 Durga Niraula Solu
  47. 47 Topa Ram Acharya Piuthan
  48. 48 Ram Chandra Wagle Chitwan
  49. 49 Hit Raj Paudel Gorkha
  50. 50 Sita Ram Adhikari Gorkha
  51. 51 Bimal Mahakari Dhadhing
  52. 52 Narayan Adhikari Gorkha
  53. 53 Nil Pd. Sapkofa Gorkha
  54. 54 Kamu Narayan Shrestha Gorkha
  55. 55 Krishna Shrestha Gorkha
  56. 56 Saha Dutta Achikan Dhading
  57. 57 Lal Mani Neapane Dang
  58. 58 Bhanu Gautam Dang
  59. 59 Tirtha Gautam Dang
  60. 60 Binod Neupane Dang
  61. 61 Damodar D.C. Dang
  62. 62 Bishnu Khanal -
  63. 63 Bharat Babu -
  64. 64 Chitra Narayan -
  65. 65 Hom Prakash Subedi Bankey
  66. 66 Lok Mani Acharya Dang
  67. 67 Shree Mani Sharma Dang
  68. 68 Shena Raj Shah Dang
  69. 69 Jagan Nath Nepal Dhadhing
  70. 70 Basanta Silwal Dhadhing
  71. 71 Shanta Pradhan Bhojpur) arrested at the Yak
  72. 72 Barn Dev Gantam Bardia ) and Yeti Hotel