Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

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.