Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Articles 1 and 2 of the Convention. Application in law. The Committee welcomes the Interim Constitution of Nepal 2007 which contains strengthened equality provisions as compared to the Constitution of 1992, which it replaces. Article 13 of the Interim Constitution introduces the possibility of taking special measures for the protection, empowerment and advancement of the interests of the Dalits and the indigenous tribes. Article 14 contains expanded provisions prohibiting and making punishable under the law racial discrimination or untouchability of any form on grounds of caste, descent, community or occupation. The Committee requests the Government to provide information on the progress made in the preparation of a new Constitution.

2. The Committee considers that, in addition to constitutional guarantees concerning the right to equality and the right to employment (articles 13 and 18 of the Constitution), the inclusion of non-discrimination and equality provisions into the labour or other relevant legislation may be required to ensure that all men and women are effectively protected from discrimination in employment and occupation on all the grounds covered by the Convention, including race, colour, sex, religion, political opinion, national extraction or social origin. The Interim Constitution appears to prohibit employment discrimination by private employers only as far as discrimination based on caste, descent, community or occupation is concerned. Noting that the process for the revision of the Labour Act is ongoing, the Committee urges the Government to make every effort to introduce provisions prohibiting discrimination in employment and occupation on the basis of all grounds listed in the Convention, as well as sexual harassment at work.

3. Discrimination on the ground of political opinion. The Committee recalls that sections 10 and 61(2) of the Civil Service Act provide that “moral turpitude” constitutes a ground for exclusion or removal from the civil service. Recalling its request to the Government to provide information on the practical application of these provisions in order to ascertain that they do not lead to discrimination based on political opinion, the Committee regrets that the report contains no information on this matter. However, the Committee notes that the Civil Service Act is currently being amended. It trusts that the Government will use this opportunity to repeal the abovementioned provisions and requests the Government to provide information on any further developments in this regard in its next report.

The Committee is raising other points in a request addressed directly to the Government.