Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Observation

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted from the report on the Annual Household Survey of Nepal 2013–14, that 29.4 per cent of children aged between 5 and 14 years were economically active, with a higher percentage of female children (33.9 per cent) than male children (25.3 per cent). Seventy per cent of the working children work for 20 hours or less per week, while 5.5 per cent work for 40 hours or more. Among working children, 76.5 per cent were engaged in agricultural work and 19.3 per cent in other work. The Committee also noted from the Trafficking in Persons National Report of the National Human Rights Commission of March 2016 that despite several programmes being implemented by the Government to prevent children from becoming involved in child labour and its worst forms, an average of 500,000 students enrolled in grades 1 to 10 dropped out of school each year in Nepal. The Committee further noted that the Committee on Economic, Social and Cultural Rights (CESC), in its concluding observations of 12 December 2014, expressed concern at the high number of children under the minimum age who work in agriculture, quarries and mines, domestic servitude and pottery factories. The CESC also expressed concern at the weak enforcement of the legislation which prohibits child labour and the lack of information on the impact of awareness-raising campaigns conducted by the state party (E/C.12/NPL/CO/3, paragraph 21).

The Committee notes the Government’s information in its report, that the National Master Plan to end Child Labour which aims to eliminate all forms of child labour by 2026, has been approved and that specific action plans for its effective implementation are being drafted by the concerned ministries. The Government further indicates that the coverage of the labour and occupational safety and health inspectors have been expanded and a manual for labour inspection training on child labour has been developed. In this regard, it notes the Government’s information that from 2016 to 2017, the Department of Labour and Occupational Safety conducted child labour inspections in 220 enterprises. Moreover, the Government states that a new National Labour Force Survey has been conducted by the Central Bureau of Statistics and its report will be published by the end of 2018. The Committee further notes from the Technical Progress Report of the ILO–IPEC project entitled “Towards Achieving the Elimination of the Worst Forms of Child Labour as Priority (ACHIEVE)” that within the framework of this project, 14 wards in the four municipalities of Bhaktapur and Kavre districts were declared as child labour free.

The Committee notes however, that according to the information from the ILO document, “Child Labour in Nepal”, 1.6 million children between 5–17 years are still involved in child labour in Nepal, including 621,000 children who are engaged in hazardous work. It also notes from the final draft of the National Master Plan to end Child Labour that although child labour seems to have decreased in some areas, it has increased in the majority of areas and there has therefore not been a significant improvement in the overall child labour situation in the country. While noting some of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour and in hazardous work in Nepal. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of child labour, including through the adoption and implementation of effective measures within the National Master Plan. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved. The Committee also requests the Government to continue to provide information on the inspections carried out by the labour and occupational safety and health inspectors, and on the number and nature of violations concerning the employment of children recorded and the penalties imposed. Lastly, it requests the Government to provide information on the findings of the National Labour Force Survey pertaining to child labour, disaggregated by age and gender.

Article 2(1). Scope of application. Children working in the informal economy. In its previous comments, the Committee noted that the Child Labour (Prohibition and Regulation) Act of 2000 (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”. The Government indicated that the Act does not adequately cover the informal economy and that it is very difficult to enforce the provisions of the Convention in the informal economy due to limited infrastructure and financial resources. The Committee also noted from the report of the International Trade Union Confederation (ITUC) for the World Trade Organization General Council on the Trade Policies that formal employment agreements accounted for only 10 per cent of all employment relationships, so the Child Labour Act does not apply to 90 per cent of employment relationships. This report further indicated that working children were mainly found performing informal economic activity in quarries and mines, domestic servitude, agriculture and portering. In this regard, the Committee noted the Government’s statement that the Labour Act of 1992, Children’s Act, 1992 and the Child Labour Act were being revised and that those draft laws stipulate that labour inspectors shall inspect all workplaces to identify child labour.

The Committee notes the Government’s statement in its report that the new Labour Act of 2017 has been adopted and enforced while the Children Act and Child Labour Act are still in the process of revision. It notes the Government’s information that the Labour Act guarantees the right of labour inspectors to inspect all workplaces, including the informal economy. The Committee notes that section 94(1)(g) of the Labour Act, which spells out the powers, functions and duties of labour inspectors, states that the labour inspector shall inspect and find out whether children are employed or not and if found employed, shall rescue them immediately and take action against the employer. The Government further indicates that a Training for Trainers programme was organized for labour inspectors in collaboration with the Office of the Attorney-General. This programme has led to better coordination among officials both with regard to legal procedures to be followed and penalties to be applied in cases of violations of labour law. The Committee strongly encourages the Government to continue its efforts to strengthen the capacity and expand the reach of the labour inspectorate so as to better monitor child labour, including in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously noted that sections 2(a) and 3(2) of the Child Labour Act prohibit the employment of persons under 16 years of age in any risky job or enterprise listed in the schedule, and that section 43(2) of the Labour Rules, 1993 prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. It also noted that the Child Labour (Prohibition and Regulation) Act, 2000, listed different jobs, occupations and work environments that are hazardous and therefore prohibited to children below 16 years. The Committee further noted the Government’s indication that the draft Child Labour Act contained provisions prohibiting the employment of children under 18 years in hazardous work and that a draft list of types of hazardous work, which contains approximately 29 occupations and activities prohibited for children and minors, had been developed in consultation with the workers’ and employers’ organizations.

The Committee notes the Government’s indication that the list of types of hazardous work prohibited to children under 18 years has been finalized and is awaiting to be incorporated into the Child Labour Act, before adoption. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under 18 years of age will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. In its previous comments, the Committee noted that some of the activities contained in the proposed list of hazardous work, appeared to be prohibited to children under 16 years, for example, any work related to: adventures and sports tourism; transportation of passengers and heavy goods; garment, handloom, power loom and embroidery; and household chores or domestic work.

The Committee notes the Government’s indication that the necessary measures will be taken to ensure that persons between 16 and 18 years will only be permitted to perform hazardous work if their health, safety and morals are fully protected and that they have received adequate training in that activity. The Committee expresses the firm hope that the Government will take the necessary measures to protect persons between 16 and 18 years who are engaged in hazardous types of work, as laid down under Article 3(3) of the Convention. It requests the Government to provide information on any progress made in this regard.

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