Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Népal (Ratification: 2002)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its previous comments, the Committee 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. It noted that according to section 143(1) of the Military Act, 2006, the Government may frame the necessary rules to meet the objectives of the Act and section 143(2)(a) states that such rules may cover issues related to retirement, dismissal and other conditions of service.

The Committee notes the Government’s statement that no rules pursuant to section 143(1) and (2) of the Military Act have been adopted. 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 take the necessary measures to ensure that appropriate rules are adopted, so as to bring the national legislation into conformity with the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously noted the following provisions under the Prisons Act No. 2019 (1963) as amended: section 10(1) which 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) which 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; and section 10A which states that the adjudicating authority may send an offender sentenced to imprisonment for a term not exceeding three years for community service.

The Committee notes 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 premise, before the court, for doing so. The Committee requests the Government to provide a copy of the Prison Rules, 1964.

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 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 also noted that Interim Constitution of Nepal 2007 under article 29 allows the enactment of a law on the exaction of compulsory public service from citizens.

The Committee notes the Government’s information that the Local Self-Governance Act was intended to ensure devolution of power and resources by providing socially inclusive goods and services to the citizens through grassroots democracy. The Government reiterates that such decisions to carry out public work is taken by respective local government bodies, users’ committees or the committees formed by the community itself for purposes that pertain to the community-led, demanded, formulated and implemented grassroots level schemes and activities. As such, the nature and implementation of the project is decided by the community people themselves. Referring to article 29(4) of the Constitution of 2015, which states that: “no person shall be subjected to forced labour, provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes”, the Government clarifies that this provision call upon citizens to fulfil their duties towards the nation during the time of national crisis and disasters. The enactment of such a provision shall safeguard the fundamental rights against exploitation. The Committee requests the Government to indicate whether any law has been enacted pursuant to article 29(4) of the Constitution and to provide information on the types of compulsory public works or services envisaged under this provision.