Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1 and 2 of the Convention. Legislation. In its previous observation the Committee noted that in addition to the provisions concerning the right to equality and the right to employment, set out in the Interim Constitution of Nepal 2007, 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, in the private and public sectors, are effectively protected from discrimination in employment and occupation on all the grounds covered by the Convention. The Committee also stressed the importance of adopting legislation prohibiting sexual harassment at work. The Committee notes from the Government’s report that further progress has been made in preparing new labour legislation. A tripartite task force established for this purpose has submitted its report which is now scheduled for discussion in the Central Labour Advisory Committee and the approval of the Government. The Committee urges the Government to ensure that the new labour legislation includes provisions prohibiting discrimination in employment and occupation, including in respect of recruitment, on all the grounds covered by the Convention, and that it also prohibit sexual harassment at work. The Committee asks the Government to continue to provide information on the progress made in this regard.

Equality of opportunity and treatment in employment and occupation, irrespective of sex, ethnicity, indigenous origin, religion and social origin. The Committee notes that the Minister of Finance, in his budget speech in September 2008, highlighted that pervasive socio-cultural and economic discrimination and inequality on the basis of class, caste, region and gender had become a serious problem of the country and that it was urgent to properly address the demands raised by various oppressed castes, women, Dalits and indigenous and ethnic groups. The Minister announced a number of measures targeting these groups. The Committee also notes from the Government’s report that the current interim plan emphasizes the empowerment of women and marginalized groups, including through access to gainful employment. The adoption of a new National Employment Policy and employment generation programmes are envisaged under the ILO Decent Work Country Programme (2008–10) which stresses that all outcomes of the Programme should reach marginalized women, young people, Dalits, indigenous people (Janajati) and other minorities. The Committee requests the Government to provide information on the following:

(i)    the progress made in adopting a National Employment Policy and the measures taken to ensure that it adequately addresses the situation of women, Dalits and indigenous peoples, in line with their rights and aspirations; and

(ii)   the specific programmes and projects aiming at promoting equality of opportunity and treatment of women, indigenous peoples, Dalits and other marginalized groups, including information on the outcomes of these programmes. In this regard, please provide statistical information on the position of men and women in the labour market, as well as statistical information indicating the progress made in addressing discrimination and inequality faced by Dalits, indigenous peoples and other marginalized groups.

Article 3(d). Civil service. The Committee notes that according to the United Nations High Commissioner for Human Rights, Mashesis, Dalits, Janajatis and other marginalized groups continue to be severely underrepresented in most state and civil service structures, including courts, law enforcement agencies and local authorities A/HRC/7/68, 18 February 2008, paragraph 50). The High Commissioner also reports that a Civil Service Bill adopted in August 2007 reserved 45 per cent of posts for women, Madhesi, Janajati/Adivasi, Dalits and disabled persons and that quotas of posts for women and marginalized groups have been established in the Nepal police and armed police force regulations. The Committee requests the Government to provide the texts of the laws and regulations providing for reservations and quotas of posts for women and marginalized groups in the civil service, including the police. It also asks the Government to provide information on the specific steps taken by the Civil Service Commission to implement these provisions and to indicate the number of men and women from target groups that have been admitted to the civil service during the reporting period.

Discrimination based on political opinion. The Committee recalls its previous comments concerning sections 10 and 61(2) of the Civil Service Act which provide that “moral turpitude” constitutes a ground for exclusion or removal from the civil service. The Committee concluded that there are no criteria established to determine what constitutes “moral turpitude”. Given the vagueness of the term “moral turpitude” and the resulting possibility that it could be applied in an arbitrary manner leading to discrimination based on political opinion, the Committee had expressed the hope that these provisions would be repealed in the context of the recent amendments to the Civil Service Act. Regretting that no information has been provided by the Government on this matter, the Committee requests the Government to indicate whether sections 10 and 61(2) of the Civil Service Act have been repealed.

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