Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018.

Articles 1(1) and 2(1) of the Convention. Bonded labour. In its previous comments, the Committee noted the Government’s information that the Ministry of Land Reform and Management was drafting a bill entitled Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, which would abolish all types of bonded labour systems and other abusive customs and practices, and which would repeal the Kamaiya Prohibition Act of 2002. It also noted the various rehabilitation measures implemented for freed bonded labourers through the Freed Kamaiya Rehabilitation and Livelihood Development Programme; the provision of scholarships and hostel facilities for freed Kamlari girls (offering girls for domestic work to the families of landlords) by the Department of Education; and the Freed Haliya Rehabilitation Action Plan for freed Haliyas (agricultural bonded labourers). The Committee requested the Government to strengthen its efforts to ensure the rehabilitation and social reintegration of all freed bonded labourers.

The Committee notes the ITUC’s observation that although the Government has engaged in a rehabilitation programme for freed bonded labourers, there are still a large number of Haliya families, predominantly found in the geographically isolated far-western region, who do not benefit from the programme and are at risk of returning to bondage for survival means. In 2016, there were an estimated 16,953 Haliya families in bonded labour. However, it is estimated that this number is more likely to be around 20,000 to 22,000. The ITUC further states that the financial assistance provided to the freed bonded labourers is inadequate and that the rehabilitation packages should include work–skills training and education which would ensure that the freed bonded labourers can achieve economic empowerment and access to decent work opportunities.

The Committee notes the Government’s information in its report that, of the 27,570 freed bonded labourers, 26,922 were provided grants to purchase land and build houses. It also notes the Government’s information that within the framework of the Freed Haliya Rehabilitation Action Plan, from 2017 to 2018, 37 families were provided support to purchase land; 876 families to purchase wood; and 1,005 families for building houses. Moreover, five skill development trainings were provided to 80 Kamaiyas and Haliyas. In addition, 15 skill development trainings were provided to freed bonded labourers which benefited 225 of them.

The Committee also notes from the technical progress report (TPR) of June 2018 of the ILO project entitled “A Bridge to Global Action on Forced Labour 2015–19” (the Bridge project), that various skills and employability training sessions for freed Haliyas (600 participants, including 364 women) have been initiated. In this regard, eight trainings have been completed, six trainings are ongoing and a remaining ten trainings are expected to begin soon. Moreover, a list of 22 freed Haliya women are being referred by the Bridge Project to the ILO Fair Recruitment Project and are currently on a waiting list for work in the garment sector in Jordan. The Committee also notes from the TPR that media advocacy and awareness-raising tools, such as a documentary film, a radio and TV public service announcement on the ILO Protocol of 2014 to the Forced Labour Convention, have been prepared and will be disseminated soon. Moreover, a final draft of the Bonded Labour Act has been prepared after consultations with the members of the Forced Labour Elimination Advocacy Group, the Ministry of Labour and Employment and the Ministry of Land Reform and Management. The Committee strongly encourages the Government to continue its efforts to ensure that all freed bonded labourers are rehabilitated and socially reintegrated, including through the provision of adequate financial assistance, skills development and other income-generating activities. It requests the Government to take the necessary measures to ensure that the rehabilitation programme also reaches the Haliya families in the far-western region, and to continue to provide information on the measures taken in this regard and on the results achieved. Lastly, the Committee expresses the firm hope that the draft Bonded Labour (Prohibition, Prevention and Rehabilitation) Act, will be adopted soon and requests the Government to provide a copy, once adopted.

Articles 1(1), 2(1) and 25. 1. Trafficking in persons. In its previous comments, the Committee noted the various measures taken by the Government to combat trafficking in persons; such as the adoption of the National Plan of Action against Trafficking in Persons 2011–21; the establishment of the National Committee on Controlling Human Trafficking; the establishment of the Women and Children Service Directorate within the Nepal police and the Women and Children Service Centres in 39 districts; the establishment of surveillance centres on national highways and checkpoints along the international border; and the operation of a fast-track justice system which gives priority to cases of trafficking in persons. However, it noted from the 2016 report of the National Human Rights Commission concerning trafficking in persons, that about 8,000 to 8,500 persons were trafficked between 2014 and 2015. In this regard, the Committee noted that the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights, in their concluding observations of 15 April 2014 and 12 December 2014, respectively, expressed their concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, and the persistence of trafficking for purposes of sexual exploitation, forced labour, bonded labour, and domestic servitude. The Committee therefore urged the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons and to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 in practice.

The Committee notes the following measures taken by the Government, as provided in its report:

-a coordination mechanism between the various ministries and the Office of the Attorney-General has been established for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007;
-in order to reduce the risk of adolescents from being trafficked, a topic on human trafficking has been incorporated into the school curriculum from grades 6 to 10;
-various awareness-raising programmes on issues related to trafficking of persons were initiated, including through the media, newspapers and national television;
-a Safe Migration Information Centre was established in 20 districts; and
-the rehabilitation centres in different districts were outsourced to various NGOs for its better functioning.

The Committee also notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), on the training programmes provided to various stakeholders working against human trafficking, including the Nepal police and district courts as well as the interaction programmes conducted by the National and District Committees on Controlling Human Trafficking. The Committee further notes from the Government’s report that from 2016-17, the Nepal police registered 227 cases of trafficking of persons involving 311 victims, of which 308 victims were female. In addition, according to the report of the Office of the Attorney-General, during 2016 to 2017, 249 cases (including new and pending cases) related to trafficking of persons were dealt by the courts and convictions were made in 96 cases. The Committee notes, however, from the Trafficking in Persons National Report of the National Human Rights Commission of June 2018 that the number of trafficking cases registered by the Nepal police is relatively low compared to the factual number of trafficking victims. The Committee therefore urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to take the necessary measures to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions. In this regard, it requests the Government to continue taking measures to strengthen the capacities of the law enforcement bodies, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard and the results achieved. Lastly, it requests the Government to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 and to provide information on its application in practice, with regard to the number of investigations, prosecutions, convictions and penalties applied.

2. Vulnerable situation of migrant workers and imposition of forced labour. In its previous comments, the Committee noted the various measures taken by the Government to protect migrant workers. However, the Committee noted from the 2016 report of the National Human Rights Commission (NHRC) of Thailand that there was widespread exploitation and abuse by recruiting agencies and brokers in the process of foreign employment, such as: deception – with regard to salary, nature of work, and sometimes even country of destination; and fraud – such as issuing fake medical reports and certificates of orientation training without actually undergoing such training and other irregularities and that hundreds of men and women were victims of such fraudulent activities and a large number of them ended up in forced labour situations or were trafficked for labour exploitation. This report further highlighted the forms of human rights violations in the context of foreign labour migration, including: passport confiscation by the employers/sponsors; retention of identity and travel documents; withholding of wages; threat of denunciation to the authorities; excessive overtime work; physical and sexual abuse; and isolation. The Committee urged the Government to strengthen 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 implementation of the Foreign Employment Act to address the exploitative practices of private recruitment agencies.

The Committee notes the ITUC’s observation that the Government’s policy of banning women from migrating for domestic work has increased their vulnerability to abuse and exploitation, alongside insufficient pre-departure preparedness, inadequate regulation concerning recruitment agencies and a lack of diplomatic representation in Lebanon, which is the highest destination country for migrant domestic workers. The ITUC states that an estimated 13,000 domestic workers from Nepal are employed in Lebanon.

The Committee notes the Government’s information on the following measures taken to protect migrant workers:

-the Foreign Employment Act 2007, and Rules, 2008 are being amended and new provisions for the attestation of labour agreements through the Embassy of Nepal at the country of destination have been incorporated;
-returnee migrants have been mobilized for awareness campaigns;
-a directive to provide legal assistance to migrant workers has been approved by the Cabinet;
-the services by the various institutional mechanisms related to foreign employment have been decentralized;
-regular monitoring and inspection of private recruitment agencies are being conducted to identify any exploitative practices;
-an online Foreign Employment Information Management System, which provides detailed information on registered private recruitment agencies and recruitment procedures as well as a database of other relevant government agencies and their role in foreign employment, has been installed.

The Committee also notes that within the framework of the ILO–UK partnership programme entitled “Work in Freedom Programme on Fair Recruitment and Decent Work for Women Migrant Workers in South Asia and the Middle East”: (i) 18,833 migrant workers (14,317 women) and workers at risk were empowered with better awareness, information and skills; (ii) around 25,000 people including 23,000 women benefited from the pre-departure orientation training on women’s empowerment, recognition of work, referral services and the foreign employment processes; and (iii) 450 domestic workers were unionized through the All Nepal Federation of Trade Unions.

The Committee further notes from the report of 30 April 2018 of the Special Rapporteur on the Human Rights of Migrants of the United Nations that, although Nepal has made significant progress in ensuring protection of the rights of its citizens who migrate for foreign employment, important gaps in protection continue to exist in law and challenges remain in enforcement, implementation and monitoring. It notes from this report that the Government of Nepal has: (i) introduced a mandatory two-day pre-departure orientation course for migrant workers; (ii) introduced the 2012 technical and vocational education and training policy which recognizes the need for skills development training programmes; (iii) established a welfare fund for the rescue and repatriation of migrant workers; (iv) extended the services of the Migrant Resource Centres to 20 districts; (v) developed a project to link the returned migrants to microfinance institutions; and (vi) endorsed guidelines for migrant domestic workers which require women migrants to have reached the age of 24 for foreign employment and the provision for the Government to sign bilateral agreements and memoranda of understanding with destination countries to which women migrants leave for domestic work. However, the Committee notes that according to the report of the Special Rapporteur:

-there are several cases of violations of the Foreign Employment Act which have rendered migrant workers more vulnerable to exploitation in the destination country, such as terms of employment, remuneration, employing company or the type of work agreed upon in Nepal were changed upon arrival in the destination country; contracts were substituted; contracts not translated to the language migrant workers understood; copies of contracts not given to the workers; workers are sent on forged documents; and workers faced non-payment or of deductions in wages;
-migrant workers are charged with high recruitment costs which renders them more vulnerable to trafficking and forced labour;
-police involvement in investigating cases of deceptive recruitment and forced labour are limited.

The Committee finally notes from the 2018 report of the National Human Rights Commission concerning Trafficking in Persons that the flow of migrant workers was 759,230 in 2016–17 and the total number of migrant workers who obtained labour permits from 2012–13 to 2016–17 reached 2.23 million with a high concentration of migrant workers mainly in Qatar, Saudi Arabia and the United Arab Emirates. This report further indicates that with regard to the employment in these countries, the Parliamentary Committee identified that there is: a high prevalence of organized human smuggling and trafficking; widespread deception and fraud in the business of foreign recruitment; a high prevalence of exploitation due to a dual labour agreement system; and the prevalence of kafala (sponsorship) system. While taking due note of the measures taken by the Government to protect migrant workers, the Committee notes with concern the continued abusive practices and conditions of migrant workers that may amount to forced labour. The Committee therefore strongly encourages the Government to strengthen 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 implementation of the Foreign Employment Act to address the exploitative practices in the business of foreign recruitment, including the private recruitment agencies. The Committee requests the Government to continue to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse and to grant them access to justice, as well as to other complaints and compensation mechanisms.

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