Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Restoration of democracy. In reply to its 2005 and 2006 observations, in which the Committee and the Conference Committee expressed their deep concern regarding the respect of fundamental rights in the country and its impact on the exercise of tripartite consultations, the Committee notes the Government’s report received in September 2006. The Government indicates that many acts and regulations are in the process of being amended to address the changed political context. An interim Constitutional Statute has been formulated to pave the way for the election of the Constituent Assembly. Tripartism has been firmly institutionalized and all the major policy decisions and legislative initiatives have been formulated under the chair of the Director-General of the Department of Labour and Employment Promotion. The Government has requested both workers’ and employers’ organizations to sit together and make recommendations based on consensus. The Government firmly believes in the principle and value of tripartite consultations for maintaining cordial labour relations in the country. The Committee welcomes this approach and reiterates that social dialogue, and in particular the tripartite consultation required by Convention No. 144, could contribute to promoting democracy and decent work in Nepal. It would appreciate continuing to receive information in the Government’s next report on the measures taken to promote tripartite consultation on international labour standards.

2. Tripartite consultations required by the Convention. The Government states that it has made every effort to ensure effective consultations between and among the representatives of the Government, workers and employers on matters relating to the activities of the ILO, as set out in Article 5, paragraph 1, of the Convention. The Government refers to a tripartite consultation meeting organized by the ILO Office in Kathmandu to discuss the prospects for the ratification of Conventions Nos. 87, 102 and 105, including a high-level meeting to share international experience on the ratification of Convention No. 87. The Committee understands that, on 28 August 2006, members of Parliament passed a resolution directing the Government of Nepal to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee invites the Government to continue reporting on the progress made in relation to the tripartite consultations held concerning the ratification of fundamental and other Conventions, such as Conventions Nos. 102 and 122 on social protection and employment policy (Article 5, paragraph 1(c), of Convention No. 144).

3. Strengthening social dialogue. Support of the Office. The Government indicates in its report that there have been consultations concerning the preparation of article 22 reports, replies to questionnaires on the 1998 Declaration, a draft National Plan of Action on Decent Work, Labour and Employment Policy, the use of the National Level Welfare Fund, the design and implementation of occupational safety and health standards, and programmes on bonded labour and child labour. These consultations are held in the Central Labour Advisory Committee and other tripartite committees, with the active involvement of the ILO Office in Kathmandu. The Committee once again welcomes this approach and emphasizes that, in view of the present circumstances in the country, there are opportunities to further deepen tripartite consultation and to intensify social dialogue in Nepal. The Office has the technical capacity to help strengthen social dialogue and support the activities of the Government, employers’ and workers’ organizations to engage in the consultations required by the Convention, as a contribution to restoring democracy and the process of peace building.