Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.