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Repetition Articles 1(1) and 2(1) the Convention. Bonded labour. The Committee previously noted the provisions of the Kamaiya Labour (Prohibition) Act, 2002, and noted the Government’s statement that no complaints had been filed in a court of law concerning the use of Kamaiya bonded labour.The Committee notes the detailed information in the Government’s report concerning the implementation, in collaboration with the ILO, of the action programme entitled “Towards employment creation of freed Kamaiyas and their employable children and enforcement of the Kamaiya Labour Prohibition and Labour Act” in 2009 and 2010. The Government indicates that in the fiscal year 2009–10, training was provided to 12,939 freed Kamaiyas in 24 different types of trades, and that a fund was established in five districts to support the entrepreneurship of the trainees. The Committee also notes the Government’s statement that in 2009 it formulated a national plan of action (NPA) against bonded labour that addresses all types of bonded labour. The Government indicates that the NPA is in the process of endorsement from the Cabinet. The Committee expresses the firm hope that the NPA against bonded labour will be adopted and implemented in the near future, and requests the Government to provide information on the impact of its implementation. The Committee also requests the Government to 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.Freedom of civil service employees to terminate employment. The Committee previously noted the Government’s indication 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. The Committee requested information on whether an application for resignation may be refused and, if so, on what grounds. The Committee notes the Government’s statement that if any civil servant retires from their position, outside of the voluntary early retirement scheme, their resignation is verified by signing in front of the chief of the organization where they are working. The Committee notes the Government’s statement that a resignation may be refused if the resignation was not made according to the will of the person resigning or it was made by force. Freedom of career military personnel to leave their service. The Committee previously noted the Government’s indication 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 notes that section 143(1) of the Military Act, 2006, states that the Government may frame the necessary rules to meet the objectives of the Act. Section 143(2)(a) states that such rules may cover issues related to retirement, dismissal and other conditions of service. 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 provide information on whether any rules have been adopted in this regard, and if so, to provide a copy of the relevant rules.Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously requested the Government to provide the relevant legislation governing prisons and prison labour.In this regard, the Committee notes that section 10(1) of the Prisons Act, 2019 (1963), as amended, states that unless the prevailing Nepal Law otherwise requires, no detainee or prisoner shall be engaged in any work against his/her will. Section 10(2) states that if the Government considers it necessary for the health, economic progress or improvement of the detainees and prisoners, arrangements may be made to engage any detainee or prisoner in work. Section 10A of the Prisons Act states that the Adjudicating Authority may send an offender sentenced to imprisonment for a term not exceeding three years for community service. Recalling that Article 2(2)(c) of the Convention provides that forced or compulsory labour does not include any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to provide information on whether, in law or in practice, prisoners have been engaged in work in prisons or in community service. If so, the Committee requests the Government to provide information on whether, in the context of work in prisons or community service, prisoners perform work for private entities.Article 2(2)(e). Compulsory work or service for public purposes. The Committee previously noted the provisions of the Local Self-Governance Act, 1999, which provide that priority be given to aiming at the utmost participation of the local people at the village and municipal levels (sections 43(3)(c) and 114(3)). The Committee also noted that article 29 of the Interim Constitution of Nepal 2007 allows the enactment of a law on the exaction of compulsory public service from citizens. The Government indicated in its report that this type of work is mainly associated with providing minimum basic services to the public such as public utilities like water supply, electricity, hospitals and pharmacies, etc., and that working in the public utility services did not mean forced labour. The Committee further noted the Government’s indication that 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 indicated that the nature and scale of these public works raised questions of compliance with the Convention, and requested that measures be taken in both law and practice to ensure that such works fall within the minimum allowed by the Convention for “minor communal services”.The Committee notes the Government’s statement that there are no public services/works that are identified as forced or compulsory labour as defined by Article 2 of the Convention. The Committee also notes that the Constituent Assembly, charged with drafting a new Constitution, was dissolved in May 2012, and that no new Constitution was adopted. The Committee recalls that Article 2(2)(e) of the Convention permits only the compulsory performance of minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. In this regard, the Committee requests the Government to take the necessary measures to ensure that any new legislation adopted, including through the ongoing constitutional review, is in conformity with the Convention particularly by reducing the nature and scale of such compulsory public works to the strict minimum allowed by Article 2(2)(e) of the Convention for “minor communal services”. Pending the adoption of such measures, the Committee once again requests the Government 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.
Repetition The Committee notes the observations from the International Trade Union Confederation (ITUC) of 31 August 2011 and 31 August 2012, as well as the Government’s reply to these observations received on 5 December 2012.Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously requested information on the application of the Human Trafficking and Transportation (Control) Act of 2007 in practice, as well as on the measures taken to prevent, suppress and punish trafficking in persons.The Committee notes the statement in the ITUC’s communication that the Government should take action to enforce the provisions of the Human Trafficking and Transportation (Control) Act of 2007. The ITUC also states that the legal framework should be reviewed to ensure that those involved in trafficking and forced labour can be effectively prosecuted and that the punishments are commensurate with the crimes committed.The Committee notes the Government’s statement that the Ministry of Women, Children and Social Welfare is reviewing the progress of the National Plan of Action (NPA) against trafficking in children and women, in close collaboration with development partners and other key stakeholders. The Government also indicates that it is implementing a country programme on trafficking in persons, in close collaboration with various NGOs, focusing on prevention, prosecution and protection mechanisms. However, the Committee notes with concern the absence of information in the Government’s report on the application of the Human Trafficking and Transportation (Control) Act of 2007. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 11 August 2011, expressed concern about the lack of effective implementation of the Human Trafficking and Transportation (Control) Act, 2007 (CEDAW/C/NPL/CO/4-5, paragraph 21). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, including within the framework of the NPA against trafficking in children and women, and to provide information on the specific measures taken in this regard. It requests the Government to provide, in its next report, information on measures taken to enforce the Human Trafficking and Transportation (Control) Act of 2007 in practice, and on the impact achieved, particularly the number of investigations, prosecutions and convictions. Moreover, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under the Human Trafficking and Transportation (Control) Act, 2007.2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the ITUC’s communication which outlined migrant workers’ vulnerability to trafficking and forced labour. The Committee requested information on the measures taken to protect migrant workers from exploitative practices amounting to forced labour.The Committee notes that the ITUC, in its more recent communications, expresses concern that recruitment agencies and brokers are involved in the trafficking of Nepalese migrant workers and their subsequent exploitation in conditions of forced labour. The ITUC refers to a study of returned migrant workers, which found that recruitment agencies were routinely involved in the trafficking of migrant workers: the majority of migrant workers interviewed for this study were deceived concerning a substantial aspect of their employment terms, and many faced high recruitment fees and subsequent debt, the confiscation of their passports, threats, physical and verbal abuse. The ITUC states that the Government has not taken appropriate action in its own jurisdiction to reduce and eliminate the incidence of forced labour and highlights that the effective enforcement of the Foreign Employment Act would significantly reduce migrant workers’ vulnerability to forced labour. While the Foreign Employment Act regulates the activities of recruitment agencies, this Act is not effectively enforced to punish recruitment agencies who repeatedly violate the Act. The ITUC states that the Government has failed to adequately monitor and punish recruitment agencies for failing to comply with their responsibility under the Foreign Employment Act and that, despite widespread violations, only 14 recruitment agencies have been fined under the Act. The ITUC also indicates that, while in August 2012, the Government banned women under the age of 30 from migrating for domestic work in Kuwait, Qatar, Saudi Arabia and the United Arab Emirates, these bans are likely to have the unintended outcome of increasing risks for these women who will continue to seek work through informal routes. Furthermore, the ITUC states that the measures taken by the Government to combat trafficking have not addressed the wider problems of trafficking for labour exploitation which affects migrant workers. The ITUC further alleges that complaints and compensation mechanisms are largely inaccessible to most migrant workers. Lastly, the ITUC references a research study which indicated that the several heads of recruitment agencies admitted to paying bribes to government officials. The ITUC states that the Government must establish an independent body to carry out a prompt, thorough and impartial investigation into allegations of bribery and corruption relating to migration for foreign employment, including of government officials. The Committee notes the Government’s statement that, in collaboration with the ILO, the Ministry of Labour and Transport Management implemented a project entitled “Protection of Nepalese migrant workers from forced labour and human trafficking” from June 2009 until September 2011. The Government states that major accomplishments of this project include: (i) the translation and promotion of ILO Conventions related to forced labour; (ii) the revision of the foreign employment regulations; (iii) increased compensation for migrant workers who are victims; (iv) strengthening of the data and information system in the Department of Foreign Employment and Foreign Employment Tribunals; (v) trainings for the concerned government officials and stakeholders on issues of forced labour, human trafficking, the monitoring of recruitment of migrant workers and the role of labour attachés; and (vi) partnerships with the association of foreign employment recruitment agencies to promote ethical recruitment procedures and the implement its code of conduct. The Committee also notes the implementation of an ILO project entitled “Preventing trafficking of women and girls for domestic work” from November 2011 to June 2012. According to information from the ILO Special Action Programme to Combat Forced Labour (SAP FL) of August 2012, results from this project include: (i) awareness raising on safe migration and trafficking as well as training to women and girls on these subjects; (ii) the production and distribution of 13,000 brochures and 9,000 posters on safe migration and the risks of human trafficking and forced labour for domestic work; (iii) the provision of training to governmental and non governmental representatives on anti-trafficking; (iv) preliminary steps towards developing a skills-building programme to at-risk or former victims of trafficking; and (v) training for law enforcement officials on countering trafficking for forced labour. Furthermore, the Committee notes that in its reply to the ITUC observations, the Government outlines a series of measures it has taken to protect migrant workers. These include awareness-raising measures; an action plan to highlight fraudulent activities in foreign employment; memoranda of understanding signed with major destination countries; as well as an effort to set up the scales of minimum wages of Nepalese migrant workers.The Committee takes due note of the measures taken by the Government. However, the Committee notes that CEDAW, in its concluding observations of 11 August 2011, expressed concern about the situation of Nepalese women migrant workers and in particular, the fact that a large number of Nepalese women are undocumented, which increases their vulnerability to sexual exploitation, forced labour and abuse. It also expressed concern at the limited initiatives to ensure pre departure information and skills training as well as the lack of institutional support both in Nepal and in countries of employment to promote and protect the rights of Nepalese women migrant workers (CEDAW/C/NPL/CO/4-5, paragraph 33).The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to pursue its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including through the effective application of the Foreign Employment Act. The Committee requests the Government to provide, in its next report, information on the application of the Foreign Employment Act in practice, particularly the number of violations reported, investigations, prosecutions and the specific penalties applied. Expressing its concern at allegations of complicity of government officials, the Committee urges the Government to redouble its efforts to ensure that perpetrators of trafficking in persons and forced labour of migrant workers, and complicit government officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, the Committee requests the Government to continue to provide information on steps taken in this regard, particularly on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers and to grant them access to justice, as well as to other complaints and compensation mechanisms.
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.
Communications from the ITUC. The Committee notes two communications dated 26 and 31 August 2009 submitted by the International Trade Union Confederation (ITUC), which contain observations concerning the application of the Convention in Nepal. It notes that, in the latter communication, the ITUC forwarded three reports which contain results of research carried out by the General Federation of Nepalese Trade Unions (GEFONT) concerning bonded labour in Nepal under the Kamaiya system, as well as bonded labour practices in the brick kiln industry and domestic service sector. 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, so as to enable the Committee to examine them at its next session.
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.
Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 1. Bonded labour of children. The Committee notes the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country; in particular, the Government refers to the project of ILO–IPEC entitled “Sustainable elimination of (child) bonded labour in Nepal”. As the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee henceforth refers the Government to its comments on this issue addressed to the Government under that Convention.
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.
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.
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.
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.
The Committee has noted the information provided by the Government in reply to its previous direct request. It has noted, in particular, the adoption of the Interim Constitution of Nepal 2007, which contains a provision prohibiting trafficking in human beings, slavery, serfdom or forced labour in any form (article 29). The Committee has also noted the comments on the application of the Convention submitted by the General Federation of Nepalese Trade Unions (GEFONT) on 11 September 2007, which were transmitted to the Government in October 2007 for any comments as might be considered appropriate.
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; the Military Act and other provisions governing conditions of service of career military personnel. Please also provide a copy of the Human Trafficking (Control) Act 2007.
Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. The Committee has noted the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country. It has noted, in particular, the information on the impact assessment of the USDOL/ILO/IPEC project entitled “Sustainable elimination of bonded labour” aiming at the effective rehabilitation of kamaiyas. The impact assessment has shown, inter alia, that 87.1 per cent of the total household of ex-kamaiyas have received agricultural land, that the number of children enrolled in school has increased and that there has been considerable increase in the literacy rate in the ex-kamaiyas households, as well as changes in attitude and awareness. Having noted the Government’s commitment to eliminate the problem of the kamaiya labour, the Committee hopes that the Government would continue to provide, in its future reports, information on various measures taken with a view to eradicate the vestiges of kamaiya system under the Kamaiya Labour Prohibition Act 2002, supplying copies of relevant reports, studies and inquiries, as well as available statistics.
2. Trafficking in human beings. Referring to its comments made under Convention No. 182, likewise ratified by Nepal, the Committee has noted the information provided by the Government concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. It has noted with interest the adoption of the Human Trafficking (Control) Act 2007, which prohibits trafficking in persons, defines it as a criminal offence, imposes heavy penalties of imprisonment on perpetrators and provides for victim protection and rehabilitation measures. The Committee requests the Government to provide a copy of the 2007 Act, as well as information on its application in practice, indicating various measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation.
3. Compulsory work or service for public purposes. The Committee notes 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 that public works or services are rarely based on forced or compulsory labour and that most public works or labour contributions tend to aim at building some public or communal facilities, such as rural trails or roads, drinking water or school building or health post and the like. The Government also confirms its previous indication that such community works are not of a regular nature and there are rarely any programmes that require contribution of more than 60 days by a household member in a year; usually such programmes do not extend beyond one week. The Government also reiterates that such labour contributions are voluntary rather than imposed by compulsion. 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 the specific purpose. It also referred in this connection to the minor communal services in the direct interest of the community, within the meaning of Article 2(2)(e) of the Convention.
As regards the exemption of “minor communal services” from the scope of the Convention, the Committee drew the Government’s attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see also the explanations contained in paragraphs 65–66 of the Committee’s General Survey of 2007 on the eradication of forced labour).
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 the enhancing the participation of all the 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 above criteria established by the Convention. The Committee therefore hopes that, in the light of the above considerations, measures will be taken, both in law and in practice, in order to ensure the observance of the Convention in this regard, 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. Pending the adoption of such measures, the Committee requests the Government 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.
4. Freedom of civil service employees to terminate employment. The Committee previously 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. The Committee again requests the Government to indicate the time limits prescribed by the Government for this purpose, as well as the conditions for approval of the resignation, and 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.
5. Freedom of career military personnel to leave their service. The Government indicates in its report that the Military Act 2006, contains no provisions concerning this issue. The Committee requests the Government to indicate, in its next report, whether it is guaranteed in the national law that military officers and other career military servicemen 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.
Article 25. Penal sanctions. The Committee has noted the provisions of the Kamaiya Labour Prohibition Act 2002, and the Human Trafficking (Control) Act 2007, which impose penalties of imprisonment and heavy fines for various offences connected with trafficking in persons and bonded labour. Having noted the Government’s statement in the report that no complaint has been filed under the Kamaiya Labour Prohibition Act 2002, the Committee hopes that the Government will not fail to provide information on the application of its penal provisions, as soon as the relevant court decisions are available. The Committee also requests the Government to supply 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.
The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has noted the provision of section 20 of the Constitution of the Kingdom of Nepal prohibiting trafficking in human beings, slavery, serfdom or forced labour in any form. The Committee 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; the Military Act and other provisions governing conditions of service of career military personnel, as well as additional information on the following points:
Article 1(1) and Article 2(1) of the Convention. 1. Bonded labour. The Committee has noted the information provided by the Government as regards measures taken to eradicate the kamaiya forms of bonded labour in the country. It has noted with interest the adoption of the Kamaiya Labour Prohibition Act, 2002, which prohibits debt bondage (sections 3 and 4) and provides for rehabilitation of freed kamaiyas, by creating the Freed Kamaiya Rehabilitation and Monitoring Committees to that effect. According to the report, the Ministry of Land Reform and Management is the leading agency working for the eradication of kamaiya labour practices in the country. At the district level, rehabilitation activities are coordinated by a committee chaired by the chairperson of respective district development committees. The Government indicated in its first report that, in 2000, the total number of kamaiya families was 18,400, and the total number of kamaiyas, including their children, was 101,522. According to the Government’s latest report received in September 2005, 12,019 ex-kamaiya families received land parcels and 8,705 families received financial assistance for building houses. The Committee has also noted from the information available in the Office that in 2000 the Government launched, with the assistance of ILO/IPEC and the ILO InFocus Programme on Promoting the Declaration, a project entitled "Sustainable elimination of bonded labour" aiming at the effective rehabilitation of kamaiyas, which was extended until August 2005. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on various measures taken with a view to eradicating the vestiges of the kamaiya system under the 2002 Act, supplying copies of relevant reports, studies and inquiries, as well as available statistics. Please also supply information on the impact of the abovementioned project carried out with ILO assistance on the rehabilitation of kamaiyas.
2. Trafficking in human beings. Referring to its comments made under Convention No. 182, likewise ratified by Nepal, the Committee has noted the information provided by the Government concerning measures taken to combat trafficking in persons for the purposes of sexual and labour exploitation. According to the Government, trafficking poses a significant challenge for Nepal as it has a cross border dimension; though authentic data is not available, figures obtained from various sources vary from 5,000 to 12,000 trafficked persons per year, which may illustrate the actual magnitude of the problem. The Committee has noted that trafficking in persons is prohibited under the Trafficking in Persons (Prohibition) Act, 1986, and the Country Code, which define it as a criminal offence and impose penalties on perpetrators. It has also noted the Government’s indications concerning the implementation of the National Plan of Action against Trafficking in Women and Children for Sexual and Labour Exploitation. According to the report, the Ministry of Women, Children and Social Welfare (MOWCSW) is the national focal point responsible for planning, implementation, coordination, monitoring and evaluation of trafficking-related legislation, policies and programmes. The Committee notes from the information available in the Office that the Human Trafficking (Control) Bill was adopted in 2000, but has not yet entered into force. The Committee requests the Government to keep the ILO informed about the perspective of its entry into force and to continue to supply information on measures, legislative or otherwise, taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Task Force and District Task Forces on trafficking, to which reference has been made in the report.
3. Compulsory work or service for public purposes. The Committee notes that article 20 of the Constitution referred to above does not prohibit compulsory public service under the law for public purposes. The Government indicates that public works are carried out in most cases under "food for work" programmes in which the contributors are provided with food in lieu of wage. Most of public works or labour contributions tend to aim at building some public or communal facilities, such as rural trails or roads, drinking water or school building or health posts and the like. The decision to carry out such compulsory public works is taken by respective local government bodies, users’ committees or a committee formed by the community itself for the specific purpose. The Government indicates that such compulsory labour is not permitted for the benefit of private individuals, companies and associations, and the decisions to carry it out are sensitive to the needs of the people and do take precautions not to place too heavy a burden on the population. In its second report, the Government also refers in this connection to the minor communal services in the direct interest of the community, within the meaning of Article 2(2)(e) of the Convention, which are decided by the community itself or sometimes by the local self-government institutions, in consultation with the community. The Government further indicates that such community works are not of a regular nature and there are rarely any programmes that require contribution of more than 60 days by a household member in a year; usually such programmes do not extend beyond a week at one time. The Government also states that the decision to make such labour contribution is taken voluntarily by an individual concerned, and there are no legal provisions which impose penalties for not providing such labour. According to the report, as the practice of compulsory labour is rare in the country, no precise regulations on the subject have been issued.
While noting these indications, the Committee recalls that Article 2(2)(e) exempts from the provisions of the Convention "minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community". Referring to paragraph 37 of its General Survey of 1979 on the abolition of forced labour, the Committee draws the Government’s attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services".
The Committee observes, taking into account the constitutional provision referred to above, as well as the provisions of the Local Self-Governance Act, 1999, which aims at the enhancing the participation of all the 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 above criteria established by the Convention. The Committee therefore requests the Government to provide information on the works performed by the population under the projects carried out under the above provisions of the Local Self-Governance Act, 1999, 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, as well as information on measures taken or envisaged to ensure the observance of the Convention in this regard.
4. Freedom of workers and employees to terminate employment. The Committee notes 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. Please indicate the time limits prescribed by the Government for this purpose, as well as the conditions for approval of the resignation, and 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.
5. Please provide information on the conditions of termination of employment for workers and employees employed in organizations, enterprises, institutions or firms under the provisions of the Labour Act, 1992.
6. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their 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.
Article 25. The Committee has noted the provisions of the Trafficking in Persons (Prohibition) Act, 1986, and the Kamaiya Labour Prohibition Act, 2002, which impose penalties of imprisonment and heavy fines for various offences connected with trafficking in persons and bonded labour. The Committee requests the Government to provide information on the application of these provisions in practice 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.