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

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. 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.