Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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.