Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nepal (RATIFICATION: 1974)

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Previous comment

Article 1(1)(a) of the Convention. Discrimination based on political opinion. Referring to its previous comments concerning the interpretation of sections 10 and 61(2) of the Civil Service Act, which provide that “moral turpitude” shall be a ground for exclusion or removal from the civil service, the Committee notes the Government’ s indication that neither judicial nor administrative bodies dealt with new cases involving the application of these provisions. The Committee encourages the Government to continue providing information on any new cases decided by courts and tribunals concerning the application of sections 10 and 61(2) of the Civil Service Act, especially cases involving the expression of political opinions.

Discrimination based on sex. Sexual harassment. The Government informs that local governments and sectoral offices have adopted codes of conduct to address sexual harassment at work. Concerning actions taken to address the social stigma attached to sexual harassment, the Ministry of Labour, Employment and Social Security is collaborating with the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) and the Joint Trade Union Coordination Centre (ITUCC) on various awareness-raising campaigns about sexual harassment, which are carried out, with the support of the ILO, as a part of a comprehensive programme on violence and harassment in the world of work, as defined by the Violence and Harassment Convention, 2019 (No. 190). Overall, during the fiscal year 2022/2023, 60 awareness-raising programmes were undertaken by 11 labour offices for workers, employers and trade unions; 27 training programmes on awareness-raising and capacity enhancement for labour inspectors, trade unions, employers’ organizations and workers were conducted by the Department of Labour and Occupational Safety; and four programmes on workers’ welfare were realised by the Ministry of Labour, Employment and Social Security with the participation of employers’ organizations, trade unions and workers. In addition, the National Women Commission developed an online system for reporting cases of sexual harassment in full confidentiality and has made available a help-line service number, which is available 24 hours a day, seven days a week. Furthermore, the Five Years Strategic Plan (2020/21–2024/25) of the National Women Commission envisages the implementation of “awareness, promotional and legal remedial programs to end all kinds of violence, abuse, exploitation, discrimination and social ill practices carried out against women based on gender”. The Committee also notes that, according to the 15th annual report of the Commission, none of the 1464 complaints received during the fiscal year 2021/22 concerned cases of sexual harassment at work. The Committee requests the Government to continue to provide information on the measures taken to raise awareness about sexual harassment and enhance the capacity of all actors concerned, including workers, employers and competent authorities, to prevent and address it. Please also include information on the measures taken to disseminate information about the various remedies available to the victims and address any obstacle that they may face to access them. The Committee also reiterates its request for information on the number of cases of sexual harassment at work dealt with by internal complaint mechanisms set up at the enterprise level, labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education institutions and at the workplace.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Government informs about the ongoing elaboration of a “Gender Equality, Disability and Inclusion” self-assessment tool, with the support of the ILO, which should be finalized in 2024 and is aimed at improving service delivery and strengthening the application of sections 24 (1) and 24 (3) of the Rights of Persons with Disabilities Act of 2017, concerning respectively the provision of vocational training and the prohibition of discrimination by enterprises. Concerning relevant statistical information on persons with disabilities, the Committee notes that they are currently unavailable but the Government is working, with the support of the ILO, towards collecting some employment data disaggregated by disability status in the forthcoming labour survey, which will be conducted in 2024. Welcoming the Government’s efforts, the Committee requests it: (i) to provide more details on the self-assessment tool as well as information on the results achieved through its implementation, particularly as regards the application of sections 24(1) and 24(3) of the Rights of Persons with Disabilities Act of 2017; (ii) to supply the statistical information gathered through the 2024 labour survey on the labour situation of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market) when available; and (iii) to provide information on any other measure envisaged or adopted to promote the principles of the Convention in favour of persons with disabilities, taking into account a gender perspective.

Articles 2 and 3. National equality policy. The Government indicates that the 2015 National Employment Policy is under revision and the new policy will include specific measures to promote equality of opportunity and treatment. The Committee requests the Government to provide a copy of the new National Employment Policy once adopted along with information on the implementation of the measures envisaged to promote equality of opportunities and treatment in respect of employment and occupation, in both urban and rural areas, in the formal and informal economies, irrespective at least of all the grounds of discrimination listed in Article 1(1)(a) of the Convention.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that the Central Labour Advisory Committee has adopted an action plan on formalization which prioritizes transition to formality of women workers, with a particular focus on the agriculture, construction and transport sectors, where women are especially concentrated. The Committee also notes: (a) the National Gender Equality Policy adopted in 2020, which includes commitments to good governance, social justice, gender equality and women’s empowerment; and the 4-year programme "Empowered Women, Prosperous Nepal” (Shashakta Mahila, Sambridhha Nepal), which, among others, encompasses actions aimed at changing social norms and pursuing women’s economic empowerment. Furthermore, the Committee notes from the report “A Progressive Journey to Gender Equality and Women’s Empowerment”, issued in 2020 by the Ministry of Women, Children and Senior Citizens, that, among other things : a) there has been a steady rise of women in public service, from 11.09 per cent in 2008/09 to 23.6 per cent in 2017/18, with projections suggesting that a 50:50 scenario will be reached by 2037; (b) gender issues and rights of women and girls are being incorporated in the school curriculum to develop understanding and sensitize the students on respect for gender issues; (c) gender parity in education at the primary, secondary and tertiary levels has been reached; (d) the Centre for Technical Education and Vocational Training (CTEVT) has adopted a gender equality and social inclusion policy in its training courses and a scholarship programme on Science, Technology, Engineering and Mathematics (STEM) has been introduced with the aim of promoting access to STEM courses of talented girls, from class eight onwards, belonging to disadvantaged and marginalized communities; and (e) the Agriculture Development Strategy (2016–35) envisages the adoption of measures to enhance women’s access to and control over productive resources, taking into account that the majority of women and girls are engaged in agriculture. At the same time, the Committee notes from the report of the UN Special Rapporteur on extreme poverty and human rights on his country visit to Nepal that, in many families, the idea that a woman’s place is in the home persists and, as a result, women are often expected to focus on child-rearing and taking care of the elderly (A/HRC/50/38/Add.2, 13 May 2022, paragraph 48). The Committee requests the Government to provide detailed information on the measures taken under the National Gender Equality Policy, the action plan on formalization, the "Empowered Women, Prosperous Nepal” Programme, the Agriculture Development Strategy (2016 - 2035) and any other relevant policy or strategy to enhance equality of opportunity and treatment for women and girls and their impact, notably how and to what extent:

• these measures have contributed to address the horizontal and vertical gender occupational segregation;
• have challenged harmful gender stereotypes concerning the role of women and girls in their families, communities and societies;
• have increased women’s and girls’ access to formal jobs;
• have sustained efforts towards gender parity in school enrolment, retention and completion at all levels and all fields;
• have improved women’s and girls’ access to and control over land and natural resources removing any gender-based discrimination in this respect; and
• have raised awareness about the principles of the Convention among enforcement officials, workers’ and employers’ organizations as well as women themselves, enhancing also in particular women’s knowledge of their rights and the remedies available.

The Committee also requests the Government to provide information on:

• the number of girls who participated in the scholarship programme on Science, Technology, Engineering and Mathematics (STEM) and found job opportunities in these fields; and
• statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy, once the results of the labour survey scheduled for 2024 are available.

Equality of opportunity and treatment irrespective of social origin. Referring to its previous comments concerning the implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, and the work of the National Dalit Commission, the Committee notes the Government’s indication that, during the 2021/22 fiscal year, the Commission monitored incidents of racial discrimination and untouchability in 40 out of 77 districts; forwarded 43 complaints to the concerned agencies for further investigation; and conducted awareness-raising activities in all provinces. It also submitted a set of recommendations to the Government to address discrimination against Dalit people. The Committee also notes from the report of the UN Special Rapporteur on extreme poverty and human rights on his country visit to Nepal that caste-based discrimination persists across the country: discrimination is the single most important factor in explaining why Dalit people are disproportionately affected by poverty and also underpins their limited employment opportunities owing to occupation specialization preventing Dalit from accessing well-paid jobs, as well as lack of access to quality education and land (A/HRC/50/38/Add.2, 13 May 2022, paragraph 24). The Committee requests the Government to provide information on the recommendations formulated by the National Dalit Commission and the measures taken by the Government on the basis of such recommendations to address discrimination against Dalit people, including any measure adopted to promote their access to productive resources. In addition, it requests the Government to provide information on: (i) the application in practice of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, including information on the number, nature and outcome of any complaints of caste-based discrimination dealt with by labour inspectors, the courts or any other competent authority; as well as (ii) the outcome of the complaints forwarded by the National Dalit Commission to the competent authorities, including the remedies granted.

Article 5. Special measures of protection and assistance. The Government informs that, in the fiscal year 2021/22, under the quota system introduced in the civil service, police and other Government services in favour of disadvantaged groups, 1023 candidates obtained permanent positions, of which 380 were attributed to women; 288 to indigenous peoples; 191 to Madheshi; 74 to Dalit; 53 to persons with disabilities and 37 to other groups. The Committee recalls that pursuant to both article 18(3) of the new Constitution and section 19 of the National Civil Code of 2017, the adoption of special provisions by law for the protection, empowerment or advancement of disadvantaged categories of persons such as women socially and culturally disadvantaged, Dalits, minorities, indigenous people, persons with disabilities, or citizens originating from isolated regions and financially deprived citizens, shall not be considered as discrimination. The Committee requests the Government to continue to provide information on the application of the quota system, including details concerning the grade and occupational categories covered, disaggregating the information pertaining to each targeted group, to the extent possible, by sex, disability status and ethnic or indigenous origin. The Committee also again requests the Government to provide information on the application of article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017 in practice, including on any additional special measures of protection or assistance envisaged or taken within this framework, in both the public and private sectors.

Enforcement. Noting ongoing efforts aimed at strengthening the national inspectorate system, the Committee requests the Government to provide information on their outcome. It also requests the Government to continue to provide information on the number, nature and outcome of any cases or complaints on discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authority and to encourages it to take proactive measures to strengthen the capacity of enforcement officials to detect and address such cases as well as to enhance general awareness about relevant legislative protections and remedies available.

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Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls its previous observation in which it referred to the adoption of several legislative provisions on non-discrimination but noted that they do not expressly cover the grounds of political opinion and national extraction set out in Article 1(1)(a) of the Convention. The Committee notes that, in its report, the Government states that article 18(3) of the Constitution as well as section 6 of the Right to Employment Act of 2018 cover the ground of “political opinion” in that they prohibit discrimination on the basis of “ideology”. The Government also clarifies that the protections against discrimination enshrined in the labour legislation apply to both national and non-national workers. The Committee encourages the Government to consider including an explicit prohibition of both direct and indirect discrimination in its legislative provisions on non-discrimination at the earliest opportunity and reiterates it request for information on the practical application of these provisions, namely section 180 of the Labour Act of 2017, section 6 of the Labour Regulations of 2018, section 18 of the National Civil Code of 2017, and section 6 of the Right to Employment Act of 2018, including information on any relevant decisions by courts and tribunals which would allow the Committee to assess if and to what extent: (i) the ground of “national extraction” is covered under the legislative prohibition of discrimination on the basis of “origin”; and (ii) workers in the informal economy are also protected against discrimination in employment and occupation under the abovementioned legislation.

Articles 1 and 5. Restrictions on women’s access to employment and on women’s employment abroad. The Committee refers to its previous comments on existing restrictions imposed on women with regard to access to employment abroad. It notes that the ban introduced by the parliamentary International Relations and Labour Committee on women’s emigration to the countries of the Gulf Cooperation Council for domestic work was removed in 2020, subject to the following conditions: (1) that there exists a bilateral agreement between Nepal and the destination country; (2) that destination countries have separate specific labour laws ensuring protection and rights of workers; (3) that a mandatory training course is followed before departure; and (4) that the concerned migrants have an understanding of local culture, language and job requirements. Welcoming the partial lifting of the restrictions on women’s access to employment abroad, the Committee requests the Government:

• to provide information on the number of requests rejected annually due to the unfulfillment of the conditions set out by the International Relations and Labour Committee and the measures adopted to enable women to meet such conditions and have an opportunity to emigrate, if they so wish, on an equal footing with men, including the number of bilateral migration agreements signed so far; and
• indicate whether other restrictions on women’s employment abroad, such as those included in the guidelines regarding Nepalese migrant domestic workers, are still in force and if consideration is being given to their removal with a view to eliminating any discrimination between men and women with respect to access to employment and occupation.

The Committee requests the Government to provide information on any measure adopted to ensure better protection for both men and women wishing to work abroad, including equipping embassies to respond quickly to complaints of abuse.

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

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Article 1(1)(a) of the Convention. Discrimination based on political opinion. The Committee previously noted with concern that sections 10 and 61(2) of the Civil Service Act, which provides that “moral turpitude” shall be a ground for exclusion or removal from the civil service, could lead in practice to discrimination based on political opinion due to the lack of clarity as to the meaning of the term. Noting the Government’s repeated indication that it does not consider that this provision provides a ground for exclusion or removal on the basis of political opinion, the Committee takes note of the two judgments handed down by the Administrative Court in 2011 and 2015, which were forwarded by the Government. In these judgments, the Court held that being involved in the trafficking of two women or stealing and selling Government’s property was considered “moral turpitude”. The Court states that “although there is no concrete definition [of] crimes of moral turpitude, generally it is distinct from criminal cases and is considered as act related with moral, behavioral and personal character degradation of person of sound knowledge and depends upon the gravity of the subject matter, society’s perception upon such act, international standards and precedence.” Welcoming this information, the Committee asks the Government to continue to provide information on any cases where a Court has interpreted the term “moral turpitude”, including administrative or judicial decisions in relation to sections 10 and 61(2) of the Civil Service Act, in particular in the context of the expression of the exercise of political opinion.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Rights of Persons with Disabilities Act of 2017 which provides that the Government shall provide vocational training in order to develop professionalism and create self-employment by enhancing the skills of the persons with disabilities and that no enterprise shall discriminate against persons with disabilities with regard to employment and any matter related thereto (section 24(1) and (3)). It notes however that in its concluding observations, the UN Committee on the Rights of persons with Disabilities (CRPD) expressed concern about (i) the overall lack of information on social, economic, employment and other areas of public life of women with disabilities in Nepal – including their economic and employment status; (ii) the system of special and segregated schools for persons with disabilities; and (iii) the lack of information on the effectiveness of the employment quota for persons with disabilities in the civil service (CRPD/C/NPL/CO/1, 16 April 2018, paragraphs 11, 35 and 39). The Committee asks the Government to provide information on the application of section 24(1) and (3) of the Rights of Persons with Disabilities Act of 2017 in practice, including on its impact on the integration of persons with disabilities in the labour market. It asks the Government to provide information on any measures taken to promote equality of opportunity and treatment of persons with disabilities in all aspects of employment and occupation, including access to education and vocational training, access to employment and to particular occupations, and terms and conditions of employment, such as quotas, and on the results achieved, both in the public and private sectors. The Committee also asks the Government to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Articles 2 and 3. National equality policy. Referring to its previous comments, the Committee welcomes the adoption in 2015 of the National Employment Policy which provides guidelines to create equal opportunity and employment across all sectors of economy by targeting determined social groups. The Committee however notes that the National Gender Equality Policy remains pending and that, in its concluding observations, the CEDAW expressed specific concern in that regard (CEDAW/C/NPL/CO/6, 14 November 2018, paragraph 12(b)). The Committee asks the Government to provide information on the implementation of the National Employment Policy of 2015, including information on the content of the target programmes and their achievements. It further asks the Government to provide information on any progress made in the adoption of the National Gender Equality Policy, as well as on any other specific programmes and projects aimed at promoting equality of opportunity and treatment in employment and occupation of women, Dalits, indigenous peoples, and other marginalized groups, including access to resources.

Equality of opportunity and treatment for men and women. Referring to its previous comments concerning the significant horizontal segregation in certain industries, the Committee notes the Government’s statement that vertical segregation in the labour market is declining but that horizontal occupational segregation prevails. It notes that the Fourteenth Three-Year Development Plan (2016/17–2018/19) prescribes a comprehensive strategy to achieve sustainable social and economic development and encompasses several areas of focus, which include: (i) increase growth and employment through tourism, small and medium business and transformation of agriculture; and (ii) the promotion of gender equality and social inclusion. While taking note of the constitutional recognition of the National Women’s Commission (articles 252 and 253 of the Constitution), the Committee notes the Government’s statement that no recommendation concerning employment has been made by the Commission so far. The Government adds that a gender-focused person or unit has been established in each ministry to ensure gender mainstreaming and institutionalization of gender equality and social inclusion. The Government adds that the new Employment Policy of 2015 provides guidelines to create equal opportunity and employment across all sectors of economy by targeting particular social groups. The Government, however, indicates that more time, effort and resources are needed to make substantial improvements regarding gender inequality. The Committee welcomes the adoption of the new Decent Work Country Programme (DWCP) for 2018–2022 which explicitly establishes gender equality and non-discrimination as a cross-cutting policy driver, while acknowledging that in the workplace, women face several forms of discrimination, such as limited access to jobs, unequal pay and little protection against abuse. In this regard, the Committee takes note of the third Labour Force Survey (LFS) 2017/2018 carried out by the Central Bureau of Statistics (CBS), in collaboration with the ILO in the framework of the DWCP. It notes more particularly that the labour force participation of women is still substantially lower than that of men (26.3 per cent and 53.8 per cent respectively), while the unemployment rate of women remains high (13.1 per cent compared to 10.3 per cent for men). The Committee further notes from the LFS that 66.2 per cent of women are employed in the informal sector (compared to 59.7 per cent of men). The LFS further acknowledges that vertical and horizontal occupational segregation persists with women being mainly concentrated in agriculture (33 per cent), wholesale and retail trade (20.6 per cent) and manufacturing (13.4 per cent) while representing only 13.2 per cent of managers (compared to 86.8 per cent for men). In addition, the Committee notes that in its concluding observations, the CEDAW expressed concern about (i) the lack of information on measures taken to eliminate horizontal and vertical segregation in the labour market; (ii) the lower enrollment and higher drop-out rates among girls; (iii) the lack of access to natural resources and credit facilities for women, especially those belonging to vulnerable groups; and (iv) the low level of awareness among women and girls of their rights and the mechanisms available for gaining access to justice and seeking remedies (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 10(a), 24(a), 32, 34 and 40). The Committee urges the Government to strengthen its efforts to address gender stereotypes and vertical and horizontal occupational gender segregation, by enhancing women’s economic empowerment and access to formal employment and decision-making positions, as well as by encouraging girls and women to choose non-traditional fields of study and professions while reducing early dropout from school for girls, including in the framework of the Fourteenth Three-Year Development Plan (2016/17–2018/19) and the Decent Work Country Programme for 2018–2022. It asks the Government to provide information on the specific measures taken to that end, including through the removing of any restriction imposed on women wishing to emigrate for domestic work, as well as on any awareness-raising activities undertaken on the principle of the Convention and the available procedures and remedies, in particular among women to better understand and claim their rights. The Committee asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Special measures of protection and assistance. The Committee previously noted the quotas introduced in the civil service, police and other Government services in order to increase the representation of women and disadvantaged groups, but observed large disparities between men and women recruited in each target group and the low level of women in the civil service. The Committee welcomes the Government’s indication that actions were taken to promote women’s participation in the civil service and this resulted in an increase from 8.5 per cent in 2008 to 17.7 per cent in 2016. The Committee further notes that article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017, both provide that the adoption of special provisions by law for the protection, empowerment or advancement of disadvantaged categories of persons such as women socially and culturally disadvantaged, Dalits, minorities, indigenous people, persons with disabilities, or citizens originating from isolated regions and financially deprived citizens, shall not be considered as discrimination. The Committee asks the Government to continue to provide information on the achievements of the quotas set in the public service for women and other disadvantaged groups, including statistical information on the number of workers belonging to these target groups employed in the civil service, disaggregated by sex, grade and occupational category. It further asks the Government to provide information on the application of article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017 in practice, including on any additional special measures of protection or assistance envisaged or taken within this framework, in both the public and private sectors.

Restrictions on women’s access to employment and on women’s employment. The Committee notes that, in its 2018 report, the UN Special Rapporteur on the human rights of migrants expressed concern about (i) the 2015 guidelines regarding Nepalese migrant domestic workers which require Nepalese women who wish to emigrate for domestic work to have reached the age of 24 and prohibits women with a child below the age of 2 from taking up domestic work outside Nepal; and (ii) the fact that in early 2017 the parliamentary International Relations and Labour Committee instructed the Government to temporarily stop Nepalese women migrants from going to the countries of the Gulf Cooperation Council for domestic work. The Special Rapporteur was concerned about stigma around the migration of women, loosely associated with prostitution or trafficking for sex work, and highlighted that the solution to the problems faced by domestic workers could not be to discriminate against them through the imposition of bans or other means of violating their right to leave the country (A/HRC/38/41/Add.1, 30 April 2018, paragraphs 77 and 78). The Committee further notes that in its concluding observations, the CEDAW also expressed concern about (i) the restrictions imposed on women with regard to access to employment abroad under the Foreign Employment Act of 2007, in addition to the guidelines on women migrant domestic workers; and (ii) the restrictions on freedom of movement and limited predeparture training programmes, which leave women exposed to discriminatory practices, including physical abuse and sexual assault, forced labour and unequal pay (CEDAW/C/NPL/CO/6, paragraph 36). The Committee asks the Government to take the necessary steps to remove any restriction imposed on women with regard to access to employment abroad and to provide information on any progress made in this regard. In order to allow women the same opportunities as men regarding access to all types of employment, the Committee also asks the Government to consider taking active measures to ensure better protection for men and women wishing to work abroad, in particular as domestic workers, such as for example, concluding bilateral labour agreements, ensuring full monitoring and accountability of recruitment agencies, ensuring that women have an employment contract before migrating and equipping embassies to respond quickly to complaints of abuse.

Enforcement. The Committee notes the Government’s indication that during the tripartite meeting conducted on February 2017 on the Government’s report on the application of the Convention, several participants raised concerns about the need to improve the implementation of the national legislation. The Committee notes that, as highlighted in the DWCP for 2018–2022, the increased scope and functions of the labour inspectorate, coupled with the fact that its staff is limited, raises questions as to the effectiveness of labour inspections. It notes that in its concluding observations, the CEDAW also expressed concern about the inadequate inspection of workplaces in the formal and informal sectors, including in domestic work and the entertainment sector, directed at guaranteeing the implementation of the working conditions defined in the new Labour Act (CEDAW/C/NPL/CO/6, paragraph 34(d)). The Committee asks the Government to provide information on the measures taken to effectively implement the national legislation, including through the strengthening of the labour inspectorate, and to raise awareness of direct and indirect discrimination in employment and occupation among law enforcement officials, workers, employers and their respective organizations, as well as of the remedies and procedures available. It further asks the Government to provide information on the number, nature and outcome of any cases or complaints on discrimination in employment dealt with by labour inspectors, the courts or any other competent authority.

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Article 1 of the Convention. Protection against discrimination. Legislation. For a number of years, the Committee has been noting that the labour legislation reform process was under way and requested the Government to ensure that the new legislation defines and prohibits direct and indirect discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention, and covers all workers and all aspects of employment and occupation. The Committee notes with interest the recent adoption of several legislative provisions on non-discrimination, namely:

• -Article 18(1) of the new Constitution of 2015, which provides that every citizen shall be equal before the law, and Article 18(2), which provides that there shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health conditions, matrimonial status, pregnancy, economic condition, language or geographical region or ideology or any other such grounds;
• -the new Labour Act of 2017 (section 180) and the Labour Regulations of 2018 (section 6) which prohibit discrimination on the basis of sex at work, covering all entities both in the formal and informal sectors, but excluding in particular the civil service, as well as the Nepal army, police and other armed forces from their scope of application;
• -the new National Civil Code of 2017, which entered into force on 17 August 2018, which provides that there shall be no discrimination in the application of general laws and no person shall be discriminated against in any public and private place on the grounds of origin, religion, colour, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other grounds (section 18(1) and (2)). Section 18(4) provides that any citizen appointed to a governmental or public office shall be appointed only on the basis of the qualifications determined by law and shall not be discriminated against on the grounds of origin, religion, colour, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or similar other grounds; and
• -the Right to Employment Act of 2018, which provides that every citizen shall have the right to employment (section 3) and that, except where special provisions apply by reason of the prevailing law for any particular class or community with respect to the provision of employment to the unemployed, no person shall be discriminated against on the grounds of origin, religion, colour, caste, ethnicity, sex, language, region, ideology or similar other grounds (section 6). The Act provides for a fine of 10,000 Nepalese rupees (NPR) in the case of discrimination made by the employer (sections 25 and 26).

Noting that the grounds of political opinion and national extraction set out in Article 1(1)(a) of the Convention are not expressly covered by the national legislation, which does not specifically refer to direct and indirect discrimination in employment and occupation. Further, the legislation appears in some important respects to grant protection against discrimination only to citizens. In view of the foregoing, the Committee draws the Government’s attention to the fact that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 850–853). The Committee also notes that, in its 2018 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expresses specific concern at the lack of explicit protection against direct and indirect discrimination against women (CEDAW/C/NPL/CO/6, 14 November 2018, paragraph 8(a)). The Committee urges the Government to take all the necessary steps to ensure that its national legislation includes an explicit prohibition of direct and indirect discrimination against all persons on at least all of the grounds enumerated in Article 1(1)(a) of the Convention concerning all stages of the employment process. It asks the Government to provide information on any progress made in that regard, while specifying how the protection of the Convention is ensured to all workers, including those in the informal economy and non-nationals, irrespective of their regular or irregular situation. In the meantime, the Committee asks the Government to provide information on the application in practice of section 180 of the Labour Act of 2017 section 6 of the Labour Regulations of 2018, section 18 of the National Civil Code of 2017 and section 6 of the Right to Employment Act of 2018, including on any relevant administrative or judicial decisions.

Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption of the Sexual Harassment at the Workplace (Prevention) Act of 2015, which prohibits both quid pro quo and hostile work environment sexual harassment (section 4) and requires employers to disseminate information about and prevent sexual harassment, as well as to set up an internal complaint mechanism. The Act also provides for penalties of six months of imprisonment and/or a fine of NPR50,000 against any person who commits sexual harassment (section 12). The Committee further notes that section 132 of the new Labour Act provides for the termination of the employment of any person who has committed sexual harassment. The Committee however notes that in its 2018 concluding observations, the CEDAW expresses concern that: (i) rates of violence against women are increasing; (ii) girls suffer sexual harassment, corporal punishment and abuse in school, including by teachers; (iii) cases of sexual harassment are under-reported and judicial and law enforcement officers, in particular at the local level, prevent the registration of cases of sexual and gender-based violence; and (iv) the Sexual Harassment at the Workplace (Prevention) Act is insufficiently implemented. The CEDAW specifically recommends that the culture of silence surrounding sexual harassment should be broken; that a confidential and safe complaint mechanism should be established; and that access to justice for victims of sexual harassment in the workplace should be facilitated (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 10(d), 20(a), 32(c), 34(c) and 35(c)). Lastly, noting that criminal proceedings require a higher burden of proof, the Committee recalls that the establishment of easily accessible dispute resolution procedures (in addition to criminal proceedings) can make an effective contribution to combating discrimination (see 2012 General Survey, paragraphs 792 and 855). The Committee requests the Government to indicate whether any implementing measures have been adopted since the enactment of the Sexual Harassment at the Workplace (Prevention) Act to combat sexual harassment. The Committee also requests the Government to take steps to address the social stigma attached to this issue for workers, employers and their representative organizations, as well as law enforcement officials. The Committee further requests the Government to report on the number of cases of sexual harassment at work dealt with by internal complaint mechanisms set up at the enterprise level, labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education institutions and at the workplace.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. The Committee previously welcomed the adoption of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, which prohibits caste-based discrimination and “untouchability” (sections 3 and 4). The Committee notes that Article 24(4) of the new Constitution provides that there shall be no racial discrimination in the workplace on the ground of “untouchability”. Noting the constitutional recognition of the National Dalit Commission (Articles 255 and 256 of the Constitution), the Committee notes the Government’s statement that no recommendation concerning the employment sector has been made so far by the Commission, but that information on the implementation of the Act of 2011 will be provided at a later stage. The Government adds that, from 2014 to 2016, 1,372 Dalit women and 1,553 Dalit men participated in training programmes conducted by the Vocational and Skill Development Training Centre of the Ministry of Labour and Employment. The Committee however notes that in their 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) and the CEDAW express concern at: (i) the insufficient funding of the National Dalit Commission, which is only operational in Kathmandu; (ii) the insufficient implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011; as well as (iii) reports that law enforcement officials are sometimes reluctant to act upon caste-based discrimination (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 18(a) and 40(b), and CERD/C/NPL/CO/17–23, 29 May 2018, paragraphs 9 and 11). The CERD also expresses deep concern as to the way in which caste-based occupational specialization obstructs socio-economic mobility and assigns members of certain castes to degrading and/or exploitative occupations (CERD/C/NPL/CO/17–23, 29 May 2018, paragraph 31). Recalling that continuous measures are required to put an end to discrimination in employment and occupation due to real or perceived membership of a certain caste, the Committee urges the Government to take proactive measures to ensure the effective implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, including by raising awareness among the general public, as well as law enforcement officials, of the prohibition of caste-based discrimination in the national legislation, the remedies and procedures available. The Committee also requests the Government to provide information on any measures envisaged or implemented to this end. The Committee further asks the Government to provide information on the activities of the National Dalit Commission, as well as on the number, nature and outcome of any complaints of caste-based discrimination dealt with by labour inspectors, the courts or any other competent authority.

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Discrimination based on political opinion. In its previous comments, the Committee expressed concern that the inclusion of “moral turpitude” in the Civil Service Act as a ground for exclusion or removal from the civil service could lead to discrimination based on political opinion, due to the vagueness of the term. The Government indicates that it does not consider that this provision provides a ground for exclusion or removal, and that only the judiciary can declare whether a case involves “moral turpitude”. The Committee asks the Government to provide information on any cases involving “moral turpitude”, including administrative or judicial decisions relating to sections 10 and 61(2) of the Civil Service Act.

Article 2. National equality policy. The Committee notes the Government’s indication that the concept paper on the National Employment Policy, which is available on the Government’s website, is currently under discussion, with a view to the drafting of a new employment policy to promote inclusive employment. The Committee notes that one of the objectives set out in the concept paper is the following: “to enlarge the employment and self-employment opportunities for youth, women, indigenous peoples, Dalits, elderly, differently able and backward sections and groups special target programmes that support employment shall be conducted”. The Committee requests the Government to provide information on the progress made in finalizing and implementing the National Employment Policy, including specific information on the target programmes referred to in the concept paper. Please also provide information on any other specific programmes and projects aimed at promoting equality of opportunity and treatment in employment and occupation of women, Dalits, indigenous peoples, and other marginalized groups, including access to resources, and the results achieved.

Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government that women represent 53 per cent of the currently employed population, and that 84 per cent of employed women work in the agriculture and forestry industry. The Committee also notes that there is significant horizontal occupational segregation in certain industries such as construction and public administration. The Committee also notes from the statistics provided by the Government that the number of women participating in vocational training programmes steadily dropped from 13,305 (59 per cent) to 7,586 (50 per cent) between 2009 and 2013. The Committee requests the Government to provide information on specific measures or programmes adopted or envisaged to address occupational sex segregation, including through increased access of women to a broader range of vocational training courses, including those in which men traditionally predominate.

Public service. The Government indicates that it has instituted quotas in the civil service, police and other government services in order to increase the representation of women and disadvantaged groups. The Committee notes from the statistics provided by the Government that from 2011 to 2013, in the civil service there were 823 reserved posts for women, 204 for Dalits, 512 for Madhesi, 651 for Janajati/Adivasi, 99 for persons with disabilities, and 73 for “backward regions”. In 2012–13, 701 women and 2,117 men from disadvantaged target groups were recruited into the civil service. The Committee notes further from the Government’s report to the Human Rights Committee that women account for only 8.55 per cent of civil servants (CCPR/C/NPL/2, 8 June 2012, paragraph 107). Noting the large disparities between men and women recruited in each target group, and the low level overall of women in the civil service, the Committee asks the Government to take measures to increase the access of women, including those from disadvantaged target groups, to civil service positions, and to provide information on the steps taken in this regard.

Parts III and IV of the report form. Monitoring and enforcement. Noting once again the Government’s indication that there were no administrative or judicial decisions related to the Convention, the Committee again asks the Government to provide information on any steps taken to raise awareness of discrimination in employment and occupation, and relevant complaints procedures.

Part V. Statistics. Welcoming the information provided by the Government regarding civil service recruitment by target group, participation in vocational training, and employment by sector, disaggregated by sex, the Committee requests the Government to continue to provide such information, as well as any other available statistics relating to employment and occupation.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative developments. The Committee notes with interest the adoption on 1 June 2011 of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011), providing that no one shall commit, or attempt to commit, or cause, aid, abet, or provoke anyone to commit, caste-based discrimination and untouchability (section 3). Caste-based discrimination and untouchability is defined in section 4 as any act based on “custom, tradition, religion, culture, rituals, caste, race, descent, community or occupation”, and is prohibited in a wide range of circumstances, including with respect to carrying on a profession or business; producing, selling or distributing any goods, services or facilities; in employment or remuneration. The Act also prohibits demonstrating “any other kind of intolerant behaviour” and disseminating or transmitting any material, etc., denoting hierarchical supremacy of a particular caste or race, or any conduct indicating caste-supremacy or hatred (section 4). Pursuant to the Act, a complaint may be lodged with the police, or if the police fail to register the complaint, the person may seek the assistance of the Dalit Commission to pursue the complaint (section 5). Sanctions for violation of the provisions regarding employment and remuneration include one month to one year imprisonment or a fine of 500 to 10,000 Nepalese rupees (NPR), or both (section 7(1)(b)). The Committee asks the Government to provide information on the practical application of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2011, including the number, nature and outcome of any complaints lodged pursuant to section 5, as well as the role of the National Dalit Commission in this regard, and steps taken to raise awareness of the Act. Noting that the labour legislation reform process is still under way, the Committee asks the Government to ensure that the new legislation defines and prohibits direct and indirect discrimination, on at least all the grounds set out in Article 1(1)(a) of the Convention, and covers all workers and all aspects of employment and occupation.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 1 of the Convention. Discrimination based on political opinion. In its previous comments, the Committee expressed concern that the inclusion of “moral turpitude” in the Civil Service Act as a ground for exclusion or removal from the civil service could lead to discrimination based on political opinion, due to the vagueness of the term. The Government indicates that it does not consider that this provision provides a ground for exclusion or removal, and that only the judiciary can declare whether a case involves “moral turpitude”. The Committee asks the Government to provide information on any cases involving “moral turpitude”, including administrative or judicial decisions relating to sections 10 and 61(2) of the Civil Service Act.

Article 2. National equality policy. The Committee notes the Government’s indication that the concept paper on the National Employment Policy, which is available on the Government’s website, is currently under discussion, with a view to the drafting of a new employment policy to promote inclusive employment. The Committee notes that one of the objectives set out in the concept paper is the following: “to enlarge the employment and self-employment opportunities for youth, women, indigenous peoples, Dalits, elderly, differently able and backward sections and groups special target programmes that support employment shall be conducted”. The Committee requests the Government to provide information on the progress made in finalizing and implementing the National Employment Policy, including specific information on the target programmes referred to in the concept paper. Please also provide information on any other specific programmes and projects aimed at promoting equality of opportunity and treatment in employment and occupation of women, Dalits, indigenous peoples, and other marginalized groups, including access to resources, and the results achieved.

Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government that women represent 53 per cent of the currently employed population, and that 84 per cent of employed women work in the agriculture and forestry industry. The Committee also notes that there is significant horizontal occupational segregation in certain industries such as construction and public administration. The Committee also notes from the statistics provided by the Government that the number of women participating in vocational training programmes steadily dropped from 13,305 (59 per cent) to 7,586 (50 per cent) between 2009 and 2013. The Committee requests the Government to provide information on specific measures or programmes adopted or envisaged to address occupational sex segregation, including through increased access of women to a broader range of vocational training courses, including those in which men traditionally predominate.

Public service. The Government indicates that it has instituted quotas in the civil service, police and other government services in order to increase the representation of women and disadvantaged groups. The Committee notes from the statistics provided by the Government that from 2011 to 2013, in the civil service there were 823 reserved posts for women, 204 for Dalits, 512 for Madhesi, 651 for Janajati/Adivasi, 99 for persons with disabilities, and 73 for “backward regions”. In 2012–13, 701 women and 2,117 men from disadvantaged target groups were recruited into the civil service. The Committee notes further from the Government’s report to the Human Rights Committee that women account for only 8.55 per cent of civil servants (CCPR/C/NPL/2, 8 June 2012, paragraph 107). Noting the large disparities between men and women recruited in each target group, and the low level overall of women in the civil service, the Committee asks the Government to take measures to increase the access of women, including those from disadvantaged target groups, to civil service positions, and to provide information on the steps taken in this regard.

Parts III and IV of the report form. Monitoring and enforcement. Noting once again the Government’s indication that there were no administrative or judicial decisions related to the Convention, the Committee again asks the Government to provide information on any steps taken to raise awareness of discrimination in employment and occupation, and relevant complaints procedures.

Part V. Statistics. Welcoming the information provided by the Government regarding civil service recruitment by target group, participation in vocational training, and employment by sector, disaggregated by sex, the Committee requests the Government to continue to provide such information, as well as any other available statistics relating to employment and occupation.

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Legislative developments. The Committee notes with interest the adoption on 1 June 2011 of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011), providing that no one shall commit, or attempt to commit, or cause, aid, abet, or provoke anyone to commit, caste-based discrimination and untouchability (section 3). Caste-based discrimination and untouchability is defined in section 4 as any act based on “custom, tradition, religion, culture, rituals, caste, race, descent, community or occupation”, and is prohibited in a wide range of circumstances, including with respect to carrying on a profession or business; producing, selling or distributing any goods, services or facilities; in employment or remuneration. The Act also prohibits demonstrating “any other kind of intolerant behaviour” and disseminating or transmitting any material, etc., denoting hierarchical supremacy of a particular caste or race, or any conduct indicating caste-supremacy or hatred (section 4). Pursuant to the Act, a complaint may be lodged with the police, or if the police fail to register the complaint, the person may seek the assistance of the Dalit Commission to pursue the complaint (section 5). Sanctions for violation of the provisions regarding employment and remuneration include one month to one year imprisonment or a fine of 500 to 10,000 Nepalese rupees (NPR), or both (section 7(1)(b)). The Committee also notes the Government’s indication that the Sexual Harassment at the Workplace Bill was approved by Cabinet, submitted to Parliament, and a parliamentary subcommittee was established; however, due to the dissolution of Parliament, the process has been suspended. The Committee asks the Government to provide information on the practical application of the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2011, including the number, nature and outcome of any complaints lodged pursuant to section 5, as well as the role of the National Dalit Commission in this regard, and steps taken to raise awareness of the Act. The Committee also asks the Government to continue to provide information on the status of the Sexual Harassment at the Workplace Bill, as well as on the steps taken to ensure that it defines and prohibits both quid pro quo and hostile environment harassment. Noting that the labour legislation reform process is still under way, the Committee asks the Government to ensure that the new legislation defines and prohibits direct and indirect discrimination, on at least all the grounds set out in Article 1(1)(a) of the Convention, and covers all workers and all aspects of employment and occupation.

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

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Equal access to education and vocational training. The Committee notes from the Government’s report that for the fiscal year 2008–09, 21,741 persons were trained, without any distinctions. The Committee wishes to draw the Government’s attention to the importance of ensuring that both men and women have equal access to training in the broadest range of specializations, and that vocational guidance is not based on gender stereotypes regarding their professional capacities and aspirations and suitability for certain jobs, in order to ensure future equal opportunity in employment and occupation and to avoid occupational gender segregation. With respect to equal access to education, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the very high rate of school dropout among girls, the disparities in access to education and illiteracy rates between urban and rural areas and the low literacy rate of women. The CEDAW requested Nepal to strengthen its efforts to provide quality education to girls in all areas, with special attention given to girls from Dalit, indigenous and other disadvantaged groups (CEDAW/C/NPL/CO/4-5, 29 July 2011). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that men and women from all groups of the population and in all regions have access to education, vocational and skills training on an equal footing, including any measures taken to address stereotypes on the professional capacities and aspirations of men and women and their role in society. Please also provide statistical information, disaggregated by sex, on the number of persons that have participated in the various training programmes.

Awareness-raising and enforcement. The Committee notes from the Government’s report that there were no judicial decisions on the application of the Convention and that the report contains no information on discrimination cases that would have been identified by or reported to labour inspectors. The Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The Committee requests the Government to provide information on the measures taken or envisaged to ensure effective enforcement and appropriate awareness raising of the anti discrimination legal provisions and legal procedures available for redress. Please also provide information on any administrative or judicial decisions relating to discrimination in employment and occupation.

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Articles 1 and 2 of the Convention. Legislation. The Committee notes that the Government’s report does not provide any information on the progress made with respect to the preparation and adoption of the new labour legislation and the Sexual Harassment at the Workplace Bill. The Committee however understands that the draft labour legislation is still under preparation and that the Sexual Harassment at the Workplace Bill has not yet been submitted to the Parliament. In this respect, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the widespread prevalence of sexual harassment in the workplace (CEDAW/C/NPL/CO/4-5, 29 July 2011, paragraph 29). The Committee urges the Government to ensure that the new labour legislation includes provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, including recruitment, on all the grounds covered by the Convention, and promotes equality, including through proactive measures. The Committee also urges the Government to take the necessary measures to ensure that the Sexual Harassment at the Workplace Bill is submitted to the Parliament for its consideration and adoption, and requests it to provide information on steps taken in this respect. The Committee asks the Government to provide information on the progress made in adopting the new labour legislation.

The Committee notes with interest the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), by Nepal. The Committee recalls that it provides important elements for overcoming discrimination against indigenous and tribal peoples and ensuring their equality of opportunity and treatment.

The Committee notes however that the Government’s report contains no reply to its previous comments on the following points. It is therefore bound to repeat its previous observation, which read, in relevant parts, as follows:

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 hopes that the Government will make every effort to take the necessary action in the very near future.

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

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Vocational training. The Committee notes from the Government’s report that the Skill Development and Training Directorate of the Ministry of Labour and Transportation continued to provide vocational and skills training through its fourteen training centres. According to the report, trades such as hairdressing, sewing and cutting are emphasized for women. The Economic Survey for the fiscal year 2006–07 published by the Ministry of Finance indicates that 20,586 persons were trained, as compared to 17,528 in 2005–06. The Committee requests the Government to ensure that both men and women have equal access to training in the broadest range of areas, without discrimination based on sex. It requests the Government to continue to provide information on the measures taken or envisaged to ensure that men and women from all groups of the population and in all regions have access to vocational and skills training. Please also provide statistical information, disaggregated by sex, on the number of persons that have participated in the various training programmes.

Enforcement. In its previous comments, the Committee noted the Government’s intention to collect and classify decisions of the labour offices and the labour courts. Noting that the collection, analysis and dissemination of information regarding cases of discrimination in employment and occupation is crucial to raising awareness of the legislation and to assessing its effectiveness, the Committee requests the Government to indicate any further developments that may have occurred in this regard. Please also provide information on any decision relating to discrimination in employment and occupation identified and addressed by the competent authorities.

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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.

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1. Article 2. National policy to promote equality in employment and occupation. The Committee notes the Government’s indication that the Labour and Employment Policy 2006 seeks to increase the access to gainful employment of women, Dalits and indigenous peoples (Janajatis). Women have benefited from coaching and training to prepare them for civil service entry exams, while the House of Representatives requested the Government to reserve at least 33 per cent of posts in state bodies for women until proportional participation is attained. The Committee notes the Government’s indication that amendments to the Civil Service Act currently under consideration propose the reservation of a certain number of posts for women, but also for Dalits and Janajatis. The Committee also notes the information provided by the Government on various projects and programmes promoting women’s access to training and income-generating activities. The Government is requested to:

(a)   continue to provide information on further developments concerning the adoption and implementation of affirmative action to promote the access to employment of women, Dalits and indigenous peoples, as well as the results achieved by such action;

(b)   continue to provide information on any other measures taken or envisaged to promote gender equality in employment and occupation, including through law reform, education, training and awareness raising;

(c)   provide statistical information on labour force participation, disaggregated by sex and, as far as possible, statistical data indicating the progress made in increasing employment and work opportunities of disadvantaged groups, such as Dalits and indigenous peoples; and

(d)   provide information on the percentage of women who have been trained for civil service examinations as compared with men, and on the measures, if any, to encourage participation of women in the training.

2. Enforcement. The Committee stresses the importance of workers having effective complaints mechanisms at their disposal to have their right to equality enforced. Where no such cases are being brought in practice, this may, inter alia, indicate that there is no appropriate legal basis for doing so or that there is a lack of awareness of the existing remedies or the absence of capacity to bring discrimination complaints. Noting that the Government is considering collecting and classifying decisions of the Labour Offices and the Labour Court, the Committee requests the Government to provide information on any decision relating to discrimination in employment and occupation on the grounds covered by the Convention.

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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.

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The Committee thanks the Government for providing information in reply to its previous comments and requests it to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes the Government’s indication that a tripartite consultation process with a view to drawing up a new Labour Act had been initiated. The Committee welcomes the Government’s intentions to include a prohibition on sexual harassment in the new legislation. Recalling that, in Nepal, legal protection from discrimination is currently available under article 11 of the Constitution but not in labour legislation, the Committee urges the Government to consider introducing, in the new Labour Code, provisions on equality of opportunity and treatment in accordance with the Convention. The Committee requests the Government to keep it informed of any developments in this regard and encourages the Government to seek the ILO’s assistance on this matter.

2. Discrimination on the basis of political opinion. The Government has not replied to the Committee’s previous comments regarding the application of 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. Please provide information on the application of these provisions in practice, including information on the number of persons excluded or removed during the reporting period and the reasons for exclusion.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government with regard to the measures taken to promote women’s participation in gainful activities, including non-traditional jobs, in the formal and informal sectors through training, awareness raising and the provision of microcredits. It also notes that gender disaggregated data has been collected. The Government is requested to:

(a)  continue to provide information on the measures taken to promote gender equality in employment and occupation, and indications regarding their impact;

(b)  provide statistical information on the number of women that benefit from the socio-economic development programmes carried out under the Tenth Plan; and

(c)  provide statistical information on the number of men and women working in the various parts of the formal and informal sectors and on their participation in education and training.

4. Equality of opportunity and treatment on the basis of race and social origin. The Committee notes with interest that the Tenth Plan contains targeted policies, strategies and programmes for the development and empowerment of disadvantaged groups, such as the Dalits and indigenous peoples. The Committee requests the Government to provide information on:

(a)  the implementation and effect of the measures taken to promote equality of opportunity and treatment in employment and occupation of the Dalits and indigenous peoples;

(b)  the activities carried out by the National Dalit Commission to promote Dalits’ human rights, including equality with regard to education and employment; and

(c)  any consideration given to ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which has been recommended by the Committee on the Elimination of All Forms of Racial Discrimination (CERD/C/64/CO/5, paragraph 13).

5. Affirmative action. The Committee notes with interest that the Government is starting to take affirmative action as a means to promote women’s participation in gainful employment in the public sector. Women receive preferential treatment in the vocational and skill training programmes run by the Department of Labour and Employment Promotion and affirmative action had also been introduced in the form of educational scholarships for girls and disadvantaged communities. The Ministry of Labour and Transport Management has established a 10 per cent reservation for women, Dalits, and ethnic groups regarding foreign employment. Emphasizing that such measures are not only permitted under the Convention but also an important tool to promote equality of opportunity and treatment in employment and occupation, the Committee requests the Government to continue to provide information on any affirmative action envisaged and implemented, including results achieved.

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The Committee notes the Government’s report and asks the Government to reply to the following points.

1. In reply to the Committee’s previous request concerning the protection of non-citizens working in Nepal from discrimination in employment and occupation and the remedies available to such persons against discriminatory acts, the Government states that, once a work permit has been issued, non-citizens enjoy full protection provided under labour legislation. Recalling that article 11(1) and (2) only applies in respect to citizens, the Government is asked to explain in more detail the legal protection available to non-citizens working in Nepal, including avenues of redress against acts of discrimination.

2. Discrimination on the basis of sex. With reference to its previous request concerning equality of treatment and opportunities for women and men, the Committee notes from the Government’s report that various activities were undertaken during the Ninth Plan (1997-2002), including affirmative action measures, awareness raising, capacity building, and improving women’s access to productive resources, in order to attain the Plan’s objectives in respect to gender mainstreaming, eliminating gender inequality and empowering women. The Committee also notes that several ministries undertake training for women, including in rural areas, and that the Ninth Plan intended to mainstream women into the planning process through training, education and promotion of women’s groups. The Committee requests the Government to provide detailed information on the implementation and achievements of the Ninth Plan in respect to gender equality, including on the impact of the measures taken on rural women and minority women. The Committee reiterates its previous requests to the Government to provide information on any specific measures taken to increase women’s employment opportunities, including in non-traditional sectors and occupations, and to enable women’s participation in higher level positions in both the public and private sector.

3. As regards legal reform, the Committee notes that several initiatives are under way to ensure equality of men and women in national legislation, including the acts relating to land entitlement, legal aid, compensation, and partition of property, as well as in family law. The Government is asked to continue to provide information on the progress made in respect of these legislative initiatives. The Committee reiterates its request to the Government to indicate whether any measures are envisaged to gender sensitize and train the judiciary, labour inspectors and others concerned with implementing the relevant legislation on equality.

4. The Committee notes women’s education has been a concern of the Government for many years and that there are many programmes focusing on women, such as alternative schooling, out-of-school programmes, and incentive programmes for girls and disadvantaged children through formal and non-formal education. The Committee also notes the target to have at least one female teacher in each primary school. Noting that in 2001 the female adult illiteracy rate (74.8 per cent) remains still very high compared to that of men (39.4 per cent), the Committee asks the Government to continue to provide information on measures taken or envisaged to narrow the gap between educational attainment levels of boys and girls to enhance women’s participation in adult training programmes. The Committee would be grateful to receive statistical information on the situation of women and girls in education and training.

5. Discrimination on the basis of religion. Recalling its request to the Government to provide information on the specific measures taken to ensure freedom from discrimination on the basis of religion in private sector employment, the Committee notes that the Government reiterates that the Constitution prohibits religious discrimination in all walks of life and that any offended party may go to court for a constitutional remedy. Noting the Government’s understanding that article 11 of the Constitution creates an obligation of private sector employers not to discriminate on the basis of religion or on other ground mentioned, the Committee recalls that it always has underlined that, in order to ensure the application of the Convention, it is not only necessary to provide for the principle of equality in legislation, but also in practice, e.g. through making available appropriate avenues of redress for discrimination victims, promoting awareness of the national equality policy, or through cooperation with the social partners. The Committee asks the Government to provide information on any measures taken or planned to promote equality and non-discrimination on the ground of religion in the private sector and public sector.

6. Discrimination on the basis of social origin and national extraction. The Committee notes that the Ninth Plan recognized the need for the advancement of all communities, including untouchable caste groups and ethnic groups, as a precondition for national development. According to information available to the Committee, the Plan has adopted targeted policies, strategies and programmes for the socio-economic development of these groups. The Committee is also aware of the establishment by the Government of a National Dalit Commission in order to ensure the participation of the Dalit communities in the development process and to promote and protect the human rights of Dalits. The Committee encourages the Government to continue its efforts in this regard and requests the Government to provide information on the activities undertaken to improve the condition of the Dalits, including the activities of the National Dalit Commission and to promote their equal access to employment and occupation, and enjoyment of equal terms and conditions of employment irrespective of their social origin. Recalling the constitutional prohibition of discrimination on the basis of caste, the Government is also asked to supply any relevant decision of the Supreme Court.

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1. In its previous observations, the Committee regretted that section 61 of the Civil Service Act, 1993, as well as certain provisions of the Municipality (Working Arrangement) Regulations, 1993, and the Village Development Committee (Working Procedures) Rules, 1994, permitted discrimination in employment on the basis of political opinion by providing that civil service employees may be removed or dismissed from service for participating in partisan politics. The Committee notes the Government’s statement that section 61 of the Civil Service Act and the relevant provisions of the other regulations only prohibit civil servants from actively working as members of a political party or from organizing a political party in order to compete with other parties in national politics, while being on the payroll of the Government. The Government further states that the provisions concerned do not prevent civil servants and public employees from having any conviction concerning national politics and that there are unions of civil servants and public employees which strongly express their views in the national political process. The Committee takes due note of these clarifications and requests the Government to continue to provide information on the manner in which the prohibition for civil servants and public employees to participate in partisan politics is applied in practice, including information on instances in which the application of the provisions in question has led to the dismissal of civil servants or public employees.

2. The Committee recalls its previous comments concerning section 10 of the Civil Service Act, 1993, which provides that those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post in the civil service, and section 61(2) of the Act which provides that "moral turpitude" constitutes a ground for removal or dismissal from service and disqualification from government service in the future. In respect of section 10 of the Civil Service Act, the Committee notes from the Government’s latest report that there is no established list of criminal offences which are considered to involve "moral turpitude", but that the competent court makes such a determination on a case-by-case basis. The Committee asks the Government to continue to provide information in future on the types of cases in which section 10 is applied. Concerning section 61(2), the Committee understands that a criminal conviction is not necessary for removal or dismissal, but that the determination of whether an act or behaviour constitutes "moral turpitude" is made by the competent court also on a case-by-case basis. The Committee asks the Government to identify the criteria used to determine "moral turpitude" and to provide examples of cases involving exclusions from the civil service on the basis of section 61(2) of the Civil Service Act.

3. The Committee recalls the complaint dated 27 July 1998 submitted to UNESCO by the Nepal National Teachers’ Association alleging the murder of 11 teachers and the arrest of 15 others in the context of police action aimed at suppressing Maoist activities. While recognizing the Government’s need to ensure the security of the State, the Committee hopes that the Government will make every effort to avoid taking overly broad measures that negatively impact on the lives and employment of public servants, teachers and all other workers, and that anyone suspected of prejudicing the security of the State will be afforded legal process in accordance with the Convention.

The Committee is addressing a request directly to the Government on other points.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous comments regarding the level of protection against discrimination in employment and occupation of non-citizens working in Nepal, the Committee regrets that the Government’s report again contains no reply regarding this matter. The Committee therefore feels obliged to ask the Government once again to indicate whether there are avenues of redress (apart from those contemplated under article 11(4) and (5) of the Constitution) that might be taken by such persons against acts of discrimination in employment on any of the grounds specified in the Convention.

2. The Committee notes that the Government’s report does not contain any information regarding the specific measures taken to ensure freedom from discrimination on the basis of religion in respect of employment in the private sector. It urges the Government to supply full information on this matter in its next report.

3. The Committee notes the information contained in the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NPL/1, 23 November 1998) and the CEDAW Committee’s concluding observations (CEDAW/C/1991/L.3/Add.5, 1 July 1999), including the various measures taken by the Government to increase women’s educational and employment opportunities. The Committee notes from the concluding observations on the application of CEDAW that the Ninth Plan (1997-2002) which is directed at gender mainstreaming and endorses the Gender Equality and Women’s Empowerment National Work Plan of 1997 has been adopted. The Committee requests the Government to furnish information on the implementation and achievements of the Plan.

4. With regard to women’s access to employment, the Government’s report on CEDAW states that 90 per cent of the female economically active population is currently engaged in agriculture and that women’s involvement in the industrial sector is marginal, unevenly distributed, and generally confined to low skills positions. According to the Government, women are concentrated in low-skilled and low-paid jobs in the textile and weaving, food processing, manufacturing and hotel industries. Further, according to the report, women only constitute 10 per cent of the total employees in the civil service, concentrated mostly in health and education services and in clerical jobs. Women constitute only 1.81 per cent of the Nepal Police Service, including officer and non-officer levels. The Committee notes this information with some concern and requests the Government to provide information on any measures taken or contemplated to increase women’s employment opportunities, including in non-traditional sectors and occupations, and to enable women’s participation in higher level positions in both the public and private sector. The Committee is particularly interested in measures taken by the Government to address the employment situation of rural women, as well as minority women.

5. As concerns women’s access to vocational training, the Committee notes from the abovementioned CEDAW report that the female literacy rate remains very low (25 per cent in 1991) especially in rural and remote areas and a quantitative and qualitative gender gap continues to persist at all levels of education. In addition, as a result of persisting patriarchal norms and values, women are often deprived of educational opportunities. The Committee also notes from the CEDAW Committee’s concluding observations that illiterate women are systematically barred from vocational training because of the minimum educational requirements in vocational training centres. The Committee wishes to point out that, within the terms of the Convention, access to training, including the elimination of illiteracy, should be promoted to both women and men without discrimination. The Committee, therefore, requests the Government to provide information on the measures taken or contemplated to narrow the gap between education attainment levels of boys and girls, including in non-traditional fields of education, and to enhance women’s participation in training institutions through, for example, adult literacy programmes and out-of-school education for women, flexible training schedules, and general awareness-raising programmes to increase girls’ education and training.

6. The Committee notes that the Government indicates that discriminatory laws and regulations will be reviewed by a task force set up under the Ministry of Women and Social Welfare. The Committee also notes that the CEDAW Committee, in its concluding observations, has expressed its concern about the interpretation of discriminatory laws by the Supreme Court and the Court’s view that, if any laws do not conform with culture and tradition, society will be disrupted. The Committee asks the Government to supply further information on the legislative review undertaken by the Ministry of Women and Social Welfare, in particular as regards legislation designed to ensure equality between men and women in employment and occupation, and to indicate whether any measures are envisaged to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing the relevant legislation on equality. Please also supply copies of any Supreme Court decisions providing an interpretation of discriminatory laws relevant to the employment of women.

Recalling that its previous comments related to discrimination on the basis of sex and political opinion, the Committee requests the Government to also include in its next report information on measures taken or planned to promote equality of opportunity and treatment in employment and occupation on all the other grounds listed in Article 1(1)(a) of the Convention, i.e. race, colour, national extraction and social origin, including action with regard to inequality experienced by members of the various ethnic groups, tribes and castes.

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The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. In its previous observations, the Committee regretted that certain provisions in the Civil Service Act, 1993 (section 61), the Municipality (Working Arrangements) Regulations, 1993, and the Village Development Committee (Working Procedures Rules), 1994, permitted discrimination in employment on the basis of political opinion by providing that civil employees may be removed or dismissed from service for participating in partisan politics. The Committee had pointed out that although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of employment in general. It had urged the Government to take steps without delay to bring all relevant legislation into line with the Convention. The Committee notes the Government’s statement that it has forwarded the Committee’s observations to the concerned government agencies for their opinions, as they are the competent authority in this regard. The Committee hopes that the Government will urge the authorities concerned to look into this issue as a matter of urgency and requests the Government to supply detailed information in its next report on the measures taken to bring the relevant legislation into line with the Convention.

2. In its previous observation, the Committee had requested clarification from the Government on how the term "moral turpitude" is defined under the criminal legislation. This term is referred to in sections 10 (those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post of the civil service) and 61(2) ("moral turpitude" constitutes grounds for removal or dismissal from service and disqualification from government service in the future) of the 1993 Civil Service Act. The Government replies that the term has not yet been defined in any particular legislation, but that in practice, "moral turpitude" includes corruption, unacceptable activities, drug abuse, rape, robbery and other criminal activities. While noting the Government’s explanation, the Committee would be grateful for further clarification on what constitutes "unacceptable activities and other criminal activities" which could constitute grounds for non-appointment, removal or dismissal from service of civil employees. It also requests the Government to provide concrete examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of a conviction of "unacceptable activities or other criminal activities". Moreover, the Committee obtained information regarding a complaint, dated 27 July 1998, submitted to UNESCO by the Nepal National Teachers’ Association, Central Committee, alleging the murder of 11 teachers and the arrest of 15 others in the context of police action aimed at suppressing Maoist activities. The Committee notes this information with concern and requests the Government to provide in its next report information on whether any teachers arrested are under threat of being removed or dismissed from service and the basis for any such disciplinary action, if taken.

3. The Committee is raising other points regarding the application of the Convention in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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1. Referring to its previous comments regarding the level of protection against discrimination in employment and occupation of non-citizens working in Nepal, the Committee regrets that the Government's report again contains no reply regarding this matter. The Committee therefore feels obliged to ask the Government once again to indicate whether there are avenues of redress (apart from those contemplated under article 11(4) and (5) of the Constitution) that might be taken by such persons against acts of discrimination in employment on any of the grounds specified in the Convention.

2. The Committee notes that the Government's report does not contain any information regarding the specific measures taken to ensure freedom from discrimination on the basis of religion in respect of employment in the private sector. It urges the Government to supply full information on this matter in its next report.

3. The Committee notes the information contained in the Government's report to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NPL/1, 23 November 1998) and the CEDAW Committee's concluding observations (CEDAW/C/1991/L.3/Add.5, 1 July 1999), including the various measures taken by the Government to increase women's educational and employment opportunities. The Committee notes from the concluding observations on the application of CEDAW that the Ninth Plan (1997-2002) which is directed at gender mainstreaming and endorses the Gender Equality and Women's Empowerment National Work Plan of 1997 has been adopted. The Committee requests the Government to furnish information on the implementation and achievements of the Plan.

4. With regard to women's access to employment, the Government's report on CEDAW states that 90 per cent of the female economically active population is currently engaged in agriculture and that women's involvement in the industrial sector is marginal, unevenly distributed, and generally confined to low skills positions. According to the Government, women are concentrated in low-skilled and low-paid jobs in the textile and weaving, food processing, manufacturing and hotel industries. Further, according to the report, women only constitute 10 per cent of the total employees in the civil service, concentrated mostly in health and education services and in clerical jobs. Women constitute only 1.81 per cent of the Nepal Police Service, including officer and non-officer levels. The Committee notes this information with some concern and requests the Government to provide information on any measures taken or contemplated to increase women's employment opportunities, including in non-traditional sectors and occupations, and to enable women's participation in higher level positions in both the public and private sector. The Committee is particularly interested in measures taken by the Government to address the employment situation of rural women, as well as minority women.

5. As concerns women's access to vocational training, the Committee notes from the abovementioned CEDAW report that the female literacy rate remains very low (25 per cent in 1991) especially in rural and remote areas and a quantitative and qualitative gender gap continues to persist at all levels of education. In addition, as a result of persisting patriarchal norms and values, women are often deprived of educational opportunities. The Committee also notes from the CEDAW Committee's concluding observations that illiterate women are systematically barred from vocational training because of the minimum educational requirements in vocational training centres. The Committee wishes to point out that, within the terms of the Convention, access to training, including the elimination of illiteracy, should be promoted to both women and men without discrimination. The Committee, therefore, requests the Government to provide information on the measures taken or contemplated to narrow the gap between education attainment levels of boys and girls, including in non-traditional fields of education, and to enhance women's participation in training institutions through, for example, adult literacy programmes and out-of-school education for women, flexible training schedules, and general awareness-raising programmes to increase girls' education and training.

6. The Committee notes that the Government indicates that discriminatory laws and regulations will be reviewed by a task force set up under the Ministry of Women and Social Welfare. The Committee also notes that the CEDAW Committee, in its concluding observations, has expressed its concern about the interpretation of discriminatory laws by the Supreme Court and the Court's view that, if any laws do not conform with culture and tradition, society will be disrupted. The Committee asks the Government to supply further information on the legislative review undertaken by the Ministry of Women and Social Welfare, in particular as regards legislation designed to ensure equality between men and women in employment and occupation, and to indicate whether any measures are envisaged to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing the relevant legislation on equality. Please also supply copies of any Supreme Court decisions providing an interpretation of discriminatory laws relevant to the employment of women.

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1. In its previous observations, the Committee regretted that certain provisions in the Civil Service Act, 1993 (section 61), the Municipality (Working Arrangements) Regulations, 1993, and the Village Development Committee (Working Procedures Rules), 1994, permitted discrimination in employment on the basis of political opinion by providing that civil employees may be removed or dismissed from service for participating in partisan politics. The Committee had pointed out that although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher-level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of employment in general. It had urged the Government to take steps without delay to bring all relevant legislation into line with the Convention. The Committee notes the Government's statement that it has forwarded the Committee's observations to the concerned government agencies for their opinions, as they are the competent authority in this regard. The Committee hopes that the Government will urge the authorities concerned to look into this issue as a matter of urgency and requests the Government to supply detailed information in its next report on the measures taken to bring the relevant legislation into line with the Convention.

2. In its previous observation, the Committee had requested clarification from the Government on how the term "moral turpitude" is defined under the criminal legislation. This term is referred to in sections 10 (those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post of the civil service) and 61(2) ("moral turpitude" constitutes grounds for removal or dismissal from service and disqualification from government service in the future) of the 1993 Civil Service Act. The Government replies that the term has not yet been defined in any particular legislation, but that in practice, "moral turpitude" includes corruption, unacceptable activities, drug abuse, rape, robbery and other criminal activities. While noting the Government's explanation, the Committee would be grateful for further clarification on what constitutes "unacceptable activities and other criminal activities" which could constitute grounds for non-appointment, removal or dismissal from service of civil employees. It also requests the Government to provide concrete examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of a conviction of "unacceptable activities or other criminal activities". Moreover, the Committee obtained information regarding a complaint, dated 27 July 1998, submitted to UNESCO by the Nepal National Teachers' Association, Central Committee, alleging the murder of 11 teachers and the arrest of 15 others in the context of police action aimed at suppressing Maoist activities. The Committee notes this information with concern and requests the Government to provide in its next report information on whether any teachers arrested are under threat of being removed or dismissed from service and the basis for any such disciplinary action, if taken.

3. The Committee is raising other points regarding the application of the Convention in a request addressed directly to the Government.

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1. In its previous comments, the Committee had sought to clarify the extent to which foreigners who are authorized to engage in employment and occupation in the country are protected against discrimination on all of the grounds specified in the Convention. The Committee had also requested information on the extent to which Nepalese citizens of foreign birth, ancestry or origin are protected against discrimination, as the ground of "national extraction" is not covered by the national proscriptions against discrimination. The Government had indicated previously that the right to equality and the proscriptions against discrimination on the grounds of religion, race, sex, caste or ideology, as outlined in article 11(1), (2) and (3) of the Constitution, apply only to Nepalese citizens but that article 11(4) and (5) -- which provide, respectively, that no person shall, on the basis of caste, be discriminated against as untouchable and that no discrimination shall be made in regard to remuneration between men and women for the same work -- are guaranteed for all individuals living in Nepal. In its present report, the Government states that no discrimination is made between citizens and non-citizens performing the same kind of work, particularly in the public sector; and that in the private sector, no discrimination can legally be made between citizens and non-citizens in the same kind of work. In order to ascertain the level of protection against discrimination for non-citizens working in Nepal, the Committee again requests the Government to indicate whether there are avenues of redress (apart from those contemplated under article 11(4) and (5) of the Constitution) that might be taken by such persons against acts of discrimination in employment on any of the grounds specified in the Convention.

2. Referring to previous comments, the Committee requests the Government to indicate the specific measures taken to ensure freedom from discrimination on the basis of religion in respect of employment in the private sector.

3. The Committee notes with interest the information provided in the Government's report presented to the Fourth World Conference on Women (Beijing, 1995). Noting that sectoral action plans and a policy on non-governmental organizations have been adopted to attain the objectives of the Policy Declarations on Women and Development contained in the Eighth Plan (1992-97), the Committee requests the Government to provide copies of these plans and policies and to furnish information on their implementation and achievements. Please also provide similar information on any action taken to pursue these strategies in the context of the Ninth Plan, once it has been adopted.

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1. In previous comments, the Committee had expressed concern over certain provisions of the civil service legislation which appeared to permit discrimination in employment on the basis of political opinion by providing that civil employees may be removed or dismissed from service for, inter alia, participating in politics. In its previous observation, the Committee noted with regret that the new Civil Service Act, 1993, stipulates that a civil employee (defined as "any person holding office in any post of the civil service") may be removed from service in case he actively participates in partisan politics (section 61). The Committee also noted that a similar prohibition is contained in other legislation: the Municipality (Working Arrangements) Regulations, 1993 (which govern the staffing arrangements and functions of municipal employees) and the Village Development Committee (Working Procedures) Rules, 1994.

2. The Committee regrets that the Government's report contains no comment on this matter. Accordingly, the Committee refers again to its previous explanation concerning the limitations which should be placed on a ban to participate in politics, where it indicated that, although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher-level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of employment in general. The Committee urges the Government to take steps without delay to bring all relevant legislation into line with the Convention, and to supply details in its next report on the measures taken in this respect.

3. Also in its previous comments, the Committee had sought assurances that sections 10 (those found guilty by a court of any criminal offence involving "moral turpitude" cannot be appointed to any post of the civil service) and 61(2) ("moral turpitudes" constitutes grounds for removal or dismissal from service and disqualification from government service in the future) do not amount to discrimination on the ground of political opinion. The Committee had, however, noted with interest that section 69 of the Act provides for the formation of an Administrative Court to hear appeals against "orders of departmental punishment".

4. In its report, the Government states that it has examined in depth the issues raised by the Committee concerning the need for a clearance report in relation to an appointment to the civil service and gives its assurance that the cited provisions of the Civil Service Act are meant to ascertain only that a public servant is not involved in any serious criminal activities involving "moral turpitude". The Government states, furthermore, that no discrimination is made in this area on the basis of political ideology, sex, creed, caste or religion. The Committee welcomes the Government's comments and, with a view to settling this matter, requests the Government to provide in its next report indications of the way in which the term "moral turpitude" is defined under the criminal legislation, and to provide examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of conviction for such an offence.

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

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1. In previous comments, the Committee had noted that a police report was drawn up on the activities of candidates for permanent posts in the government service and that a candidate who failed to obtain a post on the basis of such a report had no legal recourse or right of appeal. As this situation presented opportunities for discrimination, particularly on the basis of political opinion, the Committee had requested the Government to review the practice. In its latest report, the Government states that, according to the 1990 Constitution and the legislation made under it, the Public Service Commission seeks police records concerning the criminal offence of moral turpitude; and that no consideration is taken of a candidate's political opinion or ideology in connection with the police report. The Government also states that no candidate is rejected for security reasons. The Committee notes that, under section 10 of the Civil Service Act, 1993, those who have been found guilty by a court of any criminal offence involving moral turpitude cannot be appointed in any post of the civil service; and that under section 61(2) of that Act, the same offence constitutes grounds for removal or dismissal from service, and involves disqualification from government service in the future. The Committee notes with interest that section 69 of the Act provides for the formation of an Administrative Court to hear appeals against orders of departmental punishment, the procedures of which are governed by the Administrative Court Rules, 1995, which the Committee has examined. The Committee requests the Government to provide information on the way in which the term "moral turpitude" is defined under the criminal legislation, and to provide examples of any cases of the non-appointment of a candidate or dismissal of a civil servant on the basis of conviction for such an offence.

2. In previous comments, the Committee had noted that article 11(2) of the Constitution - which proscribes discrimination on a number of grounds - applies only to citizens of Nepal. It had pointed out, in this regard, that although "nationality" was not a prohibited ground of discrimination under the terms of the Convention, foreign citizens who were authorized to engage in employment and occupation in the country should be protected also against discrimination on all of the grounds stipulated in Article 1, paragraph 1(a), of the Convention. In its report, the Government states that the right to equality and the proscriptions against discrimination on the grounds of religion, race, sex, caste or ideology, as outlined in article 11, paragraphs (1), (2) and (3), apply only to Nepalese citizens but that article 11, paragraphs (4) and (5) - which provide respectively, that no person shall, on the basis of caste, be discriminated against as untouchable; and that no discrimination shall be made in regard to remuneration between men and women for the same work - are guaranteed for all individuals living in Nepal. The Government has also stated, in response to the Committee's comment on the omission of the ground of "national extraction" from national proscriptions against discrimination, that after becoming a citizen of Nepal, all of the rights relating to equality are available. The Committee considers that there appears to be a misunderstanding concerning the right to non-discrimination on the ground of "national extraction" and the extent to which even non-citizens working legally in the country should be protected against discrimination on the grounds of the Convention. The Committee points out that the concept of "national extraction" is not aimed at the distinctions that may be made between the citizens of Nepal and those of another country but covers distinctions made on the basis of a person's place of birth, ancestry or foreign origin as, for example, in the case of distinctions made between Nepalese citizens on the basis of the foreign birth or origin of some of those citizens. As Article 1, paragraph 1(a), of the Convention includes specifically the ground of "national extraction" among those on which discrimination in employment is to be prohibited, the Committee expresses the hope that the Government will also ensure that this ground is included in national legislation.

3. As concerns non-citizens working in Nepal, the Committee requests the Government to indicate whether, in practice, there are any avenues of redress (apart from those contemplated under article 11, paragraphs (4) and (5), of the Constitution) that might be taken by such persons against acts of discrimination in employment and occupation in the private sector on any of the grounds specified in the Convention.

4. In regard to its previous comments concerning the practical application of article 19 of the Constitution on the right to religious freedom, the Committee has noted the Government's explanation concerning the role played by the Public Service Commission in ensuring that recruitment for the public service is made on the basis of merit, without regard to the religion of applicants. The Committee requests the Government to indicate the measures taken to ensure freedom from discrimination on the basis of religion also in respect of employment in the private sector.

5. The Committee requests the Government to provide, with its next report, information on the measures being taken in practice to ensure and promote equal opportunity and treatment in employment in the public and private sectors including, in particular, the action being taken to overcome gender discrimination. The Committee would be grateful if the Government would supply copies of any national report on the situation of Nepalese women that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In previous comments the Committee has noted that the national legislation - in particular article 10 of the former Constitution and section 4 of the Civil Liberties Act (No. 2012) - does not prohibit discrimination in employment on the basis of political opinion. It has also noted that sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations appear to permit discrimination in employment on this basis by prohibiting public employees, on pain of dismissal or removal, any participation in political activities and any action or views contrary to the Panchayat system. The Committee has pointed out that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear this in mind for the filling of certain posts which are directly concerned with implementing government policy.

In this connection, the Committee notes with interest the Government's statement that the new Constitution of 1990 provides for the abolition of the partyless (Panchayat) system, freedom of association and, in article 11, for no citizen to be discriminated agains on grounds of religion, race, sex, caste, tribe or ideology.

While taking due note of the prohibition of discrimination on the ground of ideology, the Committee wishes to point out that, under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. The Committee accordingly hopes that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as required by Article 1, paragraph 1(a), of the Convention.

In the light of the new constitutional provisions, the Committee also requests the Government to indicate whether the above-mentioned provisions of the Civil Service Regulations are still in effect as regards the prohibition of participation in political activities, and if so, to indicate the measures taken or proposed to ensure compliance with the provisions of the Convention in this respect. The Committee wishes to draw the Government's attention to the comments made in paragraph 61 of its 1988 General Survey on Equality of Employment and Occupation regarding restrictions that may be imposed on public officials, in particular, regarding the obligation to exercise discretion.

2. The Government also refers to the provisions of the new Constitution, in connection with the Committee's previous comments concerning the absence of legal recourse or right of appeal for candidates who failed to obtain permanent posts in the government service, on the basis of the police report which must be drawn up on their activities.

The Committee notes that Part 14 of the new Constitution provides for the setting up of a Public Service Commision. It requests the Government to indicate whether under the new Constitution the above practice is still conducted and, if so, to indicate the measures taken or proposed to ensure that rejection is not based on political opinion or on any other ground which would constitute discrimination under the Convention. The Committee would also point out that, under Article 4 of the Convention, candidates rejected for security reasons should have the right to appeal against the decision.

3. The Committee further notes with interest that article 12.2(a) and (e) of the Constitution provides respectively that all citizens shall have freedom of thought and expression and the freedom to carry out any profession, occupation, trade or industry. The Committee notes at the same time that provisos (1) and (5), respectively, to article 12, allow the imposition by law: (i) in relation to freedom of thought and expression, of reasonable restriction, inter alia, on any act which undermines the sovereignty and integrity of the Kingdom of Nepal or any act of sedition or defamation and (ii) the imposition of any condition or qualification for carrying out any industry, business, profession or occupation. The Committee would be glad if the Government would indicate any restriction, and any condition that may be imposed in these respects, in pursuance of provisos (1) and (5) to article 12 of the Constitution.

4. The Committee notes that the prohibition of discrimination laid down in article 11(2) does not include the ground of national extraction. Referring in this connection to the provisions of Part 2 of the Constitution on citizenship, which cover also the acquisition of citizenship through naturalization and accession of territory, the Committee requests the Government to consider making appropriate provision to include national extraction among the grounds on which discrimination in employment and occupation will also be prohibited, in accordance with Article 1, paragraph 1(a), of the Convention.

5. The Committee further notes that the provision of article 11(2) applies only to citizens of Nepal. It wishes to point out that although "nationality" is not a prohibited basis of discrimination under the terms of Article 1(a) of the Convention, foreign citizens, if lawfully authorized to engage in employment and occupation in Nepal, should equally be protected against any discrimination on all the other grounds stipulated in Article 1, paragraph 1(a), of the Convention.

6. The Committee also notes that, under article 19 of the Constitution, "every person shall have the freedom to profess and practice his own religion as coming down to him from the perennial past having due regard to the traditional practices, provided that no person shall be entitled to convert another person from one religion to another". The Committee requests the Government to indicate in its next report the manner in which the above provisions are applied in practice in order to ensure that no distinction, exclusion, or preference is made in employment and occupation on the basis of religion, in compliance with Article 1, paragraph 1(a), of the Convention.

7. The Committee notes with interest the establishment of a new National Tripartite Labour Advisory Board under the chairmanship of the Minister for Labour and Social Welfare and the formation of a subcommittee thereunder to recommend new labour laws. In this connection the Committee would draw the Government's attention to the need for further provisions to be made in order to ensure full compliance with the Convention, as indicated in its preceding comments. It hopes that the necessary action will be taken under the new labour legislation to be adopted.

8. Regarding the information previously requested on the employment of women in government departments and semi-governmental agencies, including statistics showing the evolution of their participation at different levels, the Committee notes the statistical information supplied on the employment of women at different hospitals and health offices operated by the Government. The Government again indicates that the Central Personnel Record Centre has not yet tabulated the total number of permanent female staff in the government sector. The Committee hopes that the Government will be able to supply with its next report all the information requested on the employment of women in the sector concerned.

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1. In its previous direct requests, the Committee noted that the 1990 Constitution provides, in article 11, that no citizen is to be discriminated against on grounds of religion, race, sex, caste, tribe or ideology. The Committee had pointed out, however, that under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. Accordingly, as it has done on previous occasions, the Committee expresses the hope that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as provided in Article 1, paragraph 1(a), of the Convention.

2. The Committee had also noted, in comments made over a number of years, that certain provisions of the Civil Service Act, 1956, and of the Civil Service Regulations, 1965, appeared to permit discrimination in employment on the basis of political opinion by providing that civil employees (defined as "any person holding office in any post of the civil service") may be removed or dismissed from service for, inter alia, participating in politics; or for acting against the Panchayat (partyless) system. The Committee had indicated that, although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher-level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of public employment in general. The Committee had observed that, in protecting workers against discrimination on the basis of political opinion, the Convention implies that this protection shall be afforded to them also in respect of activities expressing or demonstrating opposition to the established political principles, since the protection of opinions which are neither expressed nor demonstrated would be pointless. The Committee recalled that the protection afforded by the Convention is not limited to differences of opinion within the framework of established principles: therefore, even if certain doctrines aim to bring about fundamental changes in the institutions of the State, this does not constitute a reason for considering their propagation beyond the protection of the Convention, in the absence of the use or advocacy of violent or unconstitutional methods to bring about their result.

3. The Committee had noted with interest that the 1990 Constitution provided for the abolition of the Panchayat system. The Committee continued, however, to request the Government to indicate whether the above-mentioned texts which prohibited civil servants from participating generally in politics were still in effect. In its latest report, the Government states that the Civil Service Act, 1956, and the Civil Service Regulations, 1965, were repealed and replaced by the Civil Service Act, 1993, and the Civil Service Regulations, 1994, which do not incorporate similar provisions. The Committee regrets to note, however, that the prohibition on civil servants participating in politics has, in fact, been maintained in the 1993 Civil Service Act. According to section 61 of the Act, a civil employee (defined, as in the earlier texts, as "any person holding office in any post of the civil service") may be removed from service in case he participates in politics (although this does not constitute a disqualification for government service in the future). The Committee also notes that a similar prohibition is contained in other legislation. The Municipality (Working Arrangements) Regulations, 1993 - which govern the staffing arrangements and functions of municipal employees - provides, in section 21(b), that an order for the removal or dismissal of an employee of the municipality from its service may be issued in case he participates in politics. Similarly, under section 42(b) of the Village Development Committee (Working Procedures) Rules, 1994, an order may be issued to remove or dismiss any employee from service in case he takes part in politics.

4. Referring to its explanation concerning the limitations which should be placed on a ban to participate in politics, outlined in paragraph 2 above, the Committee expresses the firm hope that the Government will take the necessary measures to bring all relevant legislation into line with the Convention; and that details will be furnished on the means being taken or contemplated in this regard, in its next report.

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

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In previous comments the Committee has noted that the national legislation - in particular article 10 of the former Constitution and section 4 of the Civil Liberties Act (No. 2012) - does not prohibit discrimination in employment on the basis of political opinion. It has also noted that sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations appear to permit discrimination in employment on this basis by prohibiting public employees, on pain of dismissal or removal, any participation in political activities and any action or views contrary to the Panchayat system. The Committee has pointed out that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear this in mind for the filling of certain posts which are directly concerned with implementing government policy.

In this connection, the Committee notes with interest the Government's statement that the new Constitution of 1990 provides for the abolition of the partyless (Panchayat) system, freedom of association and, in article 11, for no citizen to be discriminated agains on grounds of religion, race, sex, caste, tribe or ideology.

While taking due note of the prohibition of discrimination on the ground of ideology, the Committee wishes to point out that, under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. The Committee accordingly hopes that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as required by Article 1, paragraph 1(a), of the Convention.

In the light of the new constitutional provisions, the Committee also requests the Government to indicate whether the above-mentioned provisions of the Civil Service Regulations are still in effect as regards the prohibition of participation in political activities, and if so, to indicate the measures taken or proposed to ensure compliance with the provisions of the Convention in this respect. The Committee wishes to draw the Government's attention to the comments made in paragraph 61 of its 1988 General Survey on Equality of Employment and Occupation regarding restrictions that may be imposed on public officials, in particular, regarding the obligation to exercise discretion.

2. The Government also refers to the provisions of the new Constitution, in connection with the Committee's previous comments concerning the absence of legal recourse or right of appeal for candidates who failed to obtain permanent posts in the government service, on the basis of the police report which must be drawn up on their activities.

The Committee notes that Part 14 of the new Constitution provides for the setting up of a Public Service Commision. It requests the Government to indicate whether under the new Constitution the above practice is still conducted and, if so, to indicate the measures taken or proposed to ensure that rejection is not based on political opinion or on any other ground which would constitute discrimination under the Convention. The Committee would also point out that, under Article 4 of the Convention, candidates rejected for security reasons should have the right to appeal against the decision.

3. The Committee further notes with interest that article 12.2(a) and (e) of the Constitution provides respectively that all citizens shall have freedom of thought and expression and the freedom to carry out any profession, occupation, trade or industry. The Committee notes at the same time that provisos (1) and (5), respectively, to article 12, allow the imposition by law: (i) in relation to freedom of thought and expression, of reasonable restriction, inter alia, on any act which undermines the sovereignty and integrity of the Kingdom of Nepal or any act of sedition or defamation and (ii) the imposition of any condition or qualification for carrying out any industry, business, profession or occupation. The Committee would be glad if the Government would indicate any restriction, and any condition that may be imposed in these respects, in pursuance of provisos (1) and (5) to article 12 of the Constitution.

4. The Committee notes that the prohibition of discrimination laid down in article 11(2) does not include the ground of national extraction. Referring in this connection to the provisions of Part 2 of the Constitution on citizenship, which cover also the acquisition of citizenship through naturalization and accession of territory, the Committee requests the Government to consider making appropriate provision to include national extraction among the grounds on which discrimination in employment and occupation will also be prohibited, in accordance with Article 1, paragraph 1(a), of the Convention.

5. The Committee further notes that the provision of article 11(2) applies only to citizens of Nepal. It wishes to point out that although "nationality" is not a prohibited basis of discrimination under the terms of Article 1(a) of the Convention, foreign citizens, if lawfully authorized to engage in employment and occupation in Nepal, should equally be protected against any discrimination on all the other grounds stipulated in Article 1, paragraph 1(a), of the Convention.

6. The Committee also notes that, under article 19 of the Constitution, "every person shall have the freedom to profess and practice his own religion as coming down to him from the perennial past having due regard to the traditional practices, provided that no person shall be entitled to convert another person from one religion to another". The Committee requests the Government to indicate in its next report the manner in which the above provisions are applied in practice in order to ensure that no distinction, exclusion, or preference is made in employment and occupation on the basis of religion, in compliance with Article 1, paragraph 1(a), of the Convention.

7. The Committee notes with interest the establishment of a new National Tripartite Labour Advisory Board under the chairmanship of the Minister for Labour and Social Welfare and the formation of a subcommittee thereunder to recommend new labour laws. In this connection the Committee would draw the Government's attention to the need for further provisions to be made in order to ensure full compliance with the Convention, as indicated in its preceding comments. It hopes that the necessary action will be taken under the new labour legislation to be adopted.

8. Regarding the information previously requested on the employment of women in government departments and semi-governmental agencies, including statistics showing the evolution of their participation at different levels, the Committee notes the statistical information supplied on the employment of women at different hospitals and health offices operated by the Government. The Government again indicates that the Central Personnel Record Centre has not yet tabulated the total number of permanent female staff in the government sector. The Committee hopes that the Government will be able to supply with its next report all the information requested on the employment of women in the sector concerned.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In previous comments the Committee has noted that the national legislation - in particular article 10 of the former Constitution and section 4 of the Civil Liberties Act (No. 2012) - does not prohibit discrimination in employment on the basis of political opinion. It has also noted that sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations appear to permit discrimination in employment on this basis by prohibiting public employees, on pain of dismissal or removal, any participation in political activities and any action or views contrary to the Panchayat system. The Committee has pointed out that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear this in mind for the filling of certain posts which are directly concerned with implementing government policy.

In this connection, the Committee notes with interest the Government's statement that the new Constitution of 1990 provides for the abolition of the partyless (Panchayat) system, freedom of association and, in article 11, for no citizen to be discriminated against on grounds of religion, race, sex, caste, tribe or ideology.

While taking due note of the prohibition of discrimination on the ground of ideology, the Committee wishes to point out that, under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. The Committee accordingly hopes that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as required by Article 1(a) of the Convention.

In the light of the new constitutional provisions, the Committee also requests the Government to indicate whether the above-mentioned provisions of the Civil Service Regulations are still in effect as regards the prohibition of participation in political activities, and if so, to indicate the measures taken or proposed to ensure compliance with the provisions of the Convention in this respect. The Committee wishes to draw the Government's attention to the comments made in paragraph 61 of its 1988 General Survey on Equality of Employment and Occupation regarding restrictions that may be imposed on public officials, in particular, regarding the obligation to exercise discretion.

2. The Government also refers to the provisions of the new Constitution, in connection with the Committee's previous comments concerning the absence of legal recourse or right of appeal for candidates who failed to obtain permanent posts in the government service, on the basis of the police report which must be drawn up on their activities.

The Committee notes that Part 14 of the new Constitution provides for the setting up of a Public Service Commission. It requests the Government to indicate whether under the new Constitution the above practice is still conducted and, if so, to indicate the measures taken or proposed to ensure that rejection is not based on political opinion or on any other ground which would constitute discrimination under the Convention. The Committee would also point out that, under Article 4 of the Convention, candidates rejected for security reasons should have the right to appeal against the decision.

3. The Committee further notes with interest that article 12.2(a) and (e) of the Constitution provides respectively that all citizens shall have freedom of thought and expression and the freedom to carry out any profession, occupation, trade or industry. The Committee notes at the same time that provisos (1) and (5), respectively, to article 12, allow the imposition by law: (i) in relation to freedom of thought and expression, of reasonable restriction, inter alia, on any act which undermines the sovereignty and integrity of the Kingdom of Nepal or any act of sedition or defamation and (ii) the imposition of any condition or qualification for carrying out any industry, business, profession or occupation. The Committee would be glad if the Government would indicate any restriction, and any condition that may be imposed in these respects, in pursuance of provisos (1) and (5) to article 12 of the Constitution.

4. The Committee notes that the prohibition of discrimination laid down in article 11(2) does not include the ground of national extraction. Referring in this connection to the provisions of Part 2 of the Constitution on citizenship, which cover also the acquisition of citizenship through naturalization and accession of territory, the Committee requests the Government to consider making appropriate provision to include national extraction among the grounds on which discrimination in employment and occupation will also be prohibited, in accordance with Article 1, paragraph 1(a), of the Convention.

5. The Committee further notes that the provision of article 11(2) applies only to citizens of Nepal. It wishes to point out that although "nationality" is not a prohibited basis of discrimination under the terms of Article 1(a) of the Convention, foreign citizens, if lawfully authorized to engage in employment and occupation in Nepal, should equally be protected against any discrimination on all the other grounds stipulated in Article 1, paragraph 1(a), of the Convention.

6. The Committee also notes that, under article 19 of the Constitution, "every person shall have the freedom to profess and practice his own religion as coming down to him from the perennial past having due regard to the traditional practices, provided that no person shall be entitled to convert another person from one religion to another". The Committee requests the Government to indicate in its next report the manner in which the above provisions are applied in practice in order to ensure that no distinction, exclusion, or preference is made in employment and occupation on the basis of religion, in compliance with Article 1, paragraph 1(a), of the Convention.

7. The Committee notes with interest the establishment of a new National Tripartite Labour Advisory Board under the chairmanship of the Minister for Labour and Social Welfare and the formation of a subcommittee thereunder to recommend new labour laws. In this connection the Committee would draw the Government's attention to the need for further provisions to be made in order to ensure full compliance with the Convention, as indicated in its preceding comments. It hopes that the necessary action will be taken under the new labour legislation to be adopted.

8. Regarding the information previously requested on the employment of women in government departments and semi-governmental agencies, including statistics showing the evolution of their participation at different levels, the Committee notes the statistical information supplied on the employment of women at different hospitals and health offices operated by the Government. The Government again indicates that the Central Personnel Record Centre has not yet tabulated the total number of permanent female staff in the government sector. The Committee hopes that the Government will be able to supply with its next report all the information requested on the employment of women in the sector concerned.

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The Committee notes the information supplied by the Government in reply to its previous comments. In particular, it notes with interest the adoption of the new Constitution of the Kingdom of Nepal, No. 2047 of 1990.

1. In previous comments the Committee has noted that the national legislation - in particular article 10 of the former Constitution and section 4 of the Civil Liberties Act (No. 2012) - does not prohibit discrimination in employment on the basis of political opinion. It has also noted that sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations appear to permit discrimination in employment on this basis by prohibiting public employees, on pain of dismissal or removal, any participation in political activities and any action or views contrary to the Panchayat system. The Committee has pointed out that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear this in mind for the filling of certain posts which are directly concerned with implementing government policy.

In this connection, the Committee notes with interest the Government's statement that the newly adopted Constitution provides for the abolition of the partyless (Panchayat) system, freedom of association and, in article 11, for no citizen to be discriminated against on grounds of religion, race, sex, caste, tribe or ideology.

While taking due note of the prohibition of discrimination on the ground of ideology, the Committee wishes to point out that, under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. The Committee accordingly hopes that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as required by Article 1(a) of the Convention.

In the light of the new consitutional provisions, the Committee also requests the Government to indicate whether the above-mentioned provisions of the Civil Service Regulations are still in effect as regards the prohibition of participation in political activities, and if so, to indicate the measures taken or proposed to ensure compliance with the provisions of the Convention in this respect. The Committee wishes to draw the Government's attention to the comments made in paragraph 61 of its 1988 General Survey on Equality of Employment and Occupation regarding restrictions that may be imposed on public officials, in particular, regarding the obligation to exercise discretion.

2. The Government also refers to the provisions of the new Constitution, in connection with the Committee's previous comments concerning the absence of legal recourse or right of appeal for candidates who failed to obtain permanent posts in the government service, on the basis of the police report which must be drawn up on their activities.

The Committee notes that Part 14 of the new Constitution provides for the setting up of a Public Service Commission. It requests the Government to indicate whether under the new Constitution the above practice is still conducted and, if so, to indicate the measures taken or proposed to ensure that rejection is not based on political opinion or on any other ground which would constitute discrimination under the Convention. The Committee would also point out that, under Article 4 of the Convention, candidates rejected for security reasons should have the right to appeal against the decision.

3. The Committee further notes with interest that article 12.2(a) and (e) of the Constitution provides respectively that all citizens shall have freedom of thought and expression and the freedom to carry out any profession, occupation, trade or industry. The Committee notes at the same time that provisos (1) and (5), respectively, to article 12, allow the imposition by law: (i) in relation to freedom of thought and expression, of reasonable restriction, inter alia, on any act which undermines the sovereignty and integrity of the Kingdom of Nepal or any act of sedition or defamation and (ii) the imposition of any condition or qualification for carrying out any industry, business, profession or occupation. The Committee would be glad if the Government would indicate any restriction, and any condition that may be imposed in these respects, in pursuance of provisos (1) and (5) to article 12 of the Constitution.

4. The Committee notes that the prohibition of discrimination laid down in article 11(2) does not include the ground of national extraction. Referring in this connection to the provisions of Part 2 of the Constitution on citizenship, which cover also the acquisition of citizenship through naturalisation and accession of territory, the Committee requests the Government to consider making appropriate provision to include national extraction among the grounds on which discrimination in employment and occupation will also be prohibited, in accordance with Article 1(a) of the Convention.

5. The Committee further notes that the provision of article 11(2) applies only to citizens of Nepal. It wishes to point out that although "nationality" is not a prohibited basis of discrimination under the terms of Article 1(a) of the Convention, foreign citizens, if lawfully authorised to engage in employment and occupation in Nepal, should equally be protected against any discrimination on all the other grounds stipulated in Article 1(a) of the Convention.

6. The Committee also notes that, under article 19 of the Constitution, "every person shall have the freedom to profess and practice his own religion as coming down to him from the perennial past having due regard to the traditional practices, provided that no person shall be entitled to convert another person from one religion to another". The Committee requests the Government to indicate in its next report the manner in which the above provisions are applied in practice in order to ensure that no distinction, exclusion, or preference is made in employment and occupation on the basis of religion, in compliance with Article 1(a) of the Convention.

7. The Committee notes with interest the establishment of a new National Tripartite Labour Advisory Board under the chairmanship of the Minister for Labour and Social Welfare and the formation of a subcommittee thereunder to recommend new labour laws. In this connection the Committee would draw the Government's attention to the need for further provisions to be made in order to ensure full compliance with the Convention, as indicated in its preceding comments. It hopes that the necessary action will be taken under the new labour legislation to be adopted.

8. Regarding the information previously requested on the employment of women in government departments and semi-governmental agencies, including statistics showing the evolution of their participation at different levels, the Committee notes the statistical information supplied on the employment of women at different hospitals and health offices operated by the Government. The Government again indicates that the Central Personnel Record Centre has not yet tabulated the total number of permanent female staff in the government sector. The Committee hopes that the Government will be able to supply with its next report all the information requested on the employment of women in the sector concerned.

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The Committee notes the Government's report which was received in February 1989.

1. In its previous comments, the Committee requested the Government to supply detailed information on the employment of women in government departments and semi-governmental agencies, including statistics which show the evolution of their participation at different levels. The Committee notes the Government's reply that the number of permanent women workers in the government sector at officer level was 370 in 1988; that the Central Personnel Record Centre has been working on tabulating the total number of permanent female staff (non-gazetted level) in the government sector; that these figures will be supplied when available; and that data concerning semi-governmental agencies will also be sent when available. The Committee hopes that the Government will be able to include this information in its next report, and that it will include statistics showing the evolution of women's participation at different levels.

2. In its previous comments, the Committee requested the Government to supply details of existing legislation protecting the interests of minors and women, and information on measures taken to encourage and promote the access of women and persons belonging to the "backward classes" of citizens to all types of education and training. It notes with interest the information on the various programmes carried out to enhance the status of women, and the chapter on the policies on women's participation in development contained in the seventh five-year plan (1985-90).

It requests the Government to continue to supply detailed information on programmes and policies to enhance the status of women and their participation in development, and on any further positive measures, including legislative measures, taken or contemplated to increase equality of opportunity and treatment in employment, occupation and education for minors, women and persons belonging to "backward classes" of citizens.

3. The Committee previously noted that an anti-discrimination Bill had been submitted for approval. The Committee notes from the Government's report that this Bill is still under consideration. It hopes that the Government will indicate in its next report what progress has been achieved in this regard.

4. The Committee notes with interest that the National Labour Advisory Committee has decided to constitute a tripartite team to conduct a study on the effectiveness of the labour laws as regards compliance with the Convention. It requests the Government to continue to supply information in this respect, and to indicate the conclusions reached by this tripartite team.

5. The Committee has noted in its previous comments that the national legislation - in particular article 10 of the Constitution and section 4 of the Civil Liberties Act (No. 2012) - do not prohibit discrimination in employment on the basis of political opinion as provided for under Article 1, paragraph 1(a) of the Convention. The Committee has also referred to sections 9.12, 9.13 and 10.6(2) and (9) of the Civil Service Regulations, which appear to permit discrimination in employment against public employees on the same basis by prohibiting any expression of opinion contrary to the present political system, on pain of removal or dismissal. The Committee has stated that it is not compatible with the Convention for conditions of a political nature to be laid down for all kinds of public employment in general, though it may be admissible to bear in mind the political opinions of those concerned in the case of certain higher posts which are directly concerned with implementing government policy. It has pointed out that, even if certain doctrines aim to bring about fundamental changes in the institutions of the State, this does not mean that expressing them is beyond the protection of the Convention, so long as violent or unconstitutional methods to bring about this result are not used or advocated.

In its report the Government has stated that due note will be taken of the Committee's comments, which will be referred to the concerned agencies. The Committee once again requests the Government to indicate in its next report the measures which have been taken or are contemplated to bring the legislation into conformity with the Convention in this respect.

6. The Committee previously noted that a police report is drawn up on the activities of candidates for permanent posts in the government service and that a candidate who fails to obtain a post because of this report has no legal recourse or right of appeal. It noted that the system of police reporting on candidates for permanent posts in the government service was established to safeguard the neutrality of the civil service from corrupt and politically active people. The Committee, referring to the comments it made earlier with regard to discrimination based on political opinion, requested the Government to review that practice and to indicate the measures taken or contemplated to ensure the observance of the Convention.

The Committee notes from the Government's report that its comments were to be referred to the concerned Minister. Please indicate what progress has been achieved in this review. The Committee refers to paragraphs 102 to 105 of its 1988 General Survey on Equality in Employment and Occupation, where it has stated that security checks such as those in force in Nepal should not be permitted or carried out except where justified by the inherent occupational requirements of the post; and in any case any person who is denied access to a particular post for security reasons ought to have the right to appeal against the decision.