Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Child Labour Act which prohibits the employment of children below 14 years as labourers (section 3(1)), does not define the terms “employment” and “labourer”. It had noted the Government’s indication that the Act does not adequately cover the informal sector. The Committee had also noted that the Government has been carrying out discussions with the social partners for the improvement of this Act, in particular to apply the minimum-age provisions to the informal sector and that a study was commissioned by the ILO/IPEC Time-bound Programme (TBP) to identify the gaps in the Act and make it compatible with the Convention. The Committee notes the Government’s information that the Labour and Employment Policy 2005 spells out the policy of eliminating child labour by developing alternatives in accordance with the national and international commitments articulated by the Government of Nepal, the private sector, donor community, and employers’ and workers’ organizations. It further notes that this policy will adopt the practice of classifying the general, hazardous and worst forms of child labour both in the formal and informal sectors and eliminate them. Noting the Government’s statement that the majority of children are employed in the informal sector, the Committee requests the Government to continue its efforts to enforce the minimum age provisions in the informal sector. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee had previously noted that section 3(2) of the Child Labour Act, in conjunction with section 2(a) of the same Act, prohibits the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 134(2) of the Labour Rules, 1993, also prohibits the employment of such persons on dangerous machines and in operations which are hazardous to their health. It had also noted the Government’s information that consultations are ongoing with employers’ and workers’ organizations to identify specific tasks or jobs that are truly hazardous to young persons and that once these had been identified, it would be easier and practical to raise the age to 18 years. The Committee notes the Government’s information that the Child Labour (Prohibition and Regulation) Act, 2000, which entered into force in 2004 enlists different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee accordingly observes that by virtue of the provisions of relatively new legislation (Child Labour (Prohibition and Regulation) Act, 2000), the minimum age for admission to hazardous work is 16 years. The Committee would nevertheless once again remind the Government that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work in accordance with Article 3, paragraph 1, of the Convention. The Committee also requests the Government to take the necessary measures to include in the national legislation provisions determining the types of hazardous work to be prohibited to persons below 18 years of age in accordance with Article 3, paragraph 2, of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. The Committee reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 6 of the Child Labour Act stipulates that “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”. It had noted the Government’s information that such performances are of a short duration and are carried out by agencies which are sensitive to the rights of children. It further noted the Government’s indication that so far, no effort has been made to issue permits on a case-by-case basis and to regulate working hours and conditions, but that this would be discussed with workers’ and employers’ organizations in future. Recalling that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases, the Committee requests the Government to take the necessary steps to ensure that children under 14 years of age who participate in artistic performances have the protection laid down by this provision of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the report of the periodic inspections by labour inspectors show negligible incidences of child labour. According to the consolidated factory inspection reports of 2006, the figure of the child labour incidence stood at 0.37 per cent. It also notes that these inspections were conducted in the organized sector, whereas the majority of children are employed in the informal sector. The Committee notes the Government’s information that it is very difficult to enforce the provisions of the Convention in the informal sector due to the limited institutional infrastructure and financial resources. In order to address this problem, the Government is conducting workshops to strengthen the capacity of labour officers and factory inspectors to take up the issue of child labour seriously.

The Committee further notes that the ILO/IPEC TBP which was launched in 2002 has been successful in addressing the situation of child domestic workers, trafficking in children, child porters and carpet weavers. According to the ILO/IPEC Progress Report 2006 on the TBP in Nepal, a total of 8,884 children were withdrawn from the child domestic sector achieving 96 per cent success in this sector, 1,090 children from the carpet industry, and 2,310 children from the child porter sector. The Committee notes the Government’s information that the Ministry of Labour and Transport Management (MOLTM) has reached an agreement with the Kathmandu Metropolitan Corporation, according to which the latter will enrol all the home-based child workers in schools while the former would provide the financial assistance. The Committee requests the Government to provide detailed information on the measures taken to improve the situation of child labour in the informal sector. It also requests the Government to provide statistical data based on the results of the time-bound programme and on the number of home-based child workers enrolled in schools by the Kathmandu Metropolitan Corporation as per its agreement with the MOLTM. The Committee asks the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of contraventions reported and penalties imposed.