Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Age Convention, 1973 (No. 138) - Nepal (Ratification: 1997)

Article 2, paragraph 1, of the Convention. The Committee notes that section 3(1) of the Child Labour Act of 2000 provides that "no one shall employ as labourers children who have not completed 14 years of age". The same Act does not define the notion of "employment", nor that of "labourer". The Committee requests the Government to indicate which measures have been taken to protect children in the absence of an employment relationship, including for instance, domestic work, work performed on one’s own account or commercial agriculture.

Article 3, paragraphs 1 and 2. The Committee notes that section 3(2) of the 2000 Act, in conjunction with section 2(a) of the Act, prohibits the employment of persons who have not attained 16 years of age in any hazardous work or enterprises listed in the Schedule, and that section 43(2) of the Labour Rules, 1993, also prohibits the employment of such persons in dangerous machines and in operations which are hazardous to health. The Committee recalls that the minimum age for admission to types of employment or work which are likely to jeopardize the health, safety or morals of young persons should be not less than 18 years, under Article 3(1) of the Convention, and that in accordance with Article 3(2) derogations may only be authorized as from 16 years after consultations with the organizations of employers and workers concerned, where such exist, on condition that they have received adequate specific instruction or vocational training. The Committee requests the Government to indicate the measures which have been taken to give effect to this Article in this respect.

The Committee notes the list of hazardous occupations in the annex to the Child Labour Act of 2000 and requests indications on whether it has been determined in consultation with the workers’ and employers’ organizations.

Article 8. The Committee notes section 6 of the Child Labour Act, 2000, for which "an educational institution or any other lawfully established institution for the protection of the rights and interests of children, unlike any other establishment, does not require to obtain approval from the Labour Office for engaging children in activities or cultural programmes organized in the larger interests of children". The Committee reminds the Government that children shall not be employed for such purposes as participation in artistic performances without an individual permit from the Labour Office. The Committee requests information on these activities and cultural programmes.

Part V of the report form. The Committee requests the Government to provide statistical data on the employment of children, figures on complaints filed with the Labour Office, details on violations reported, as well as enforcement actions taken.