Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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. Following its previous comments, the Committee notes the Government’s information that the Nepal Labour Force Survey (NLFS III) was conducted in 2017–18 by the Central Bureau of Statistics in collaboration with ILO. The Committee notes that according to the Nepal Child Labour Report of 2021, published by the ILO based on the data drawn from the NLFS III, the results of the survey shows a declining trend of overall child labour in Nepal, reaching 1.1 million in 2018 from 1.6 million in 2008. A significant decline is observed in the number of children in hazardous occupations (0.62 million in 2008 to 0.20 million in 2018). The child labour prevalence for children between 5 and 13 years is 18 per cent while it is 10 per cent for children between 14 and 17 years. Female children are more likely to be engaged in child labour (17 per cent than that of male children 14 per cent). This report also indicates that the National Master Plan II (NMP-II) on Child labour 2018-2028 that aims to eliminate all forms of child labour by 2025 has been approved.

The Committee further notes from the Government’s 6th and 7th periodic reports to the Committee on the Rights of the Child, submitted on 15 February 2022, that the labour inspectorate conducted 1,762 child labour inspections at workplaces during the 2020-21 fiscal year, and in collaboration with the National Child Rights Council and Civil Society Organisation prosecuted several employers and rescued more than 100 child labourers (paragraph 182). In addition, the Ministry of Labour, Employment and Social Security has been implementing child labour free local level campaigns where 26 local levels are already engaged and additional 50 local levels are set to join in 2021/22 (paragraph 181). The Committee welcomes the decline in the prevalence of child labour, including hazardous child labour and strongly encouragesthe Government to continue its efforts to ensure the progressive elimination of child labour, including through the implementation of effective measures within the framework of the National Master Plan II. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. In its previous comments, the Committee noted that the Labour Act of 2017 guarantees the right of labour inspectors to inspect all workplaces, including the informal economy. It also noted section 94(1)(g) of the Labour Act which 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.

In response to its previous comments concerning strengthening the capacity of the labour inspectorate, the Government indicates that the Occupational Safety and Health Centre has planned for 23 training activities for labour inspectors on various occupational safety and health related matters in the year 2022–23. However, the Committee notes from the Nepal Child Labour Report of 2021, that 87 per cent of children engaged in child labour are working in the agricultural sector, including 13.2 per cent in the production of goods for own use. The Committee therefore urges the Government to continue to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy or on their own account, particularly in the agricultural sector. It requests the Government to continue to provide information on the measures taken in this regard as well as the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the penalties imposed.

Article 3. Minimum age for admission to hazardous work and determination of types of hazardous work. The Committee previously observed that pursuant to sections 2(a) and 3(2) of the Child Labour (Prohibition and Regulation) Act, 2000 the prohibition on hazardous and risky jobs listed under Schedule 1, applies only to children under 16 years. Similarly, section 43(2) of the Labour Rules, 1993 also prohibits the employment of persons under 16 years on dangerous machines and in operations which are hazardous to their health. The Committee noted the Government’s indication that the draft list of types of hazardous work prohibited to children under 18 years, had been finalized and was awaiting adoption.

The Committee notes that the Government has not provided any information concerning the adoption of the draft list of types of hazardous work prohibited to children under 18 years, and instead refers to Schedule 1 of the Child Labour (Prohibition and Regulation) Act of 2000. The Committee, however, notes that according to section 7(6) of the newly enacted Act Relating to Children of 2018, every child, defined as persons who have not completed 18 years of age, shall be protected from being exploited economically and from activities that are harmful to their health, physical, mental, moral or social development. The Committee urges the Government to take the necessary measures to ensure the adoption of the draft list of types of hazardous work prohibited to children under 18 years, without further delay and to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age 16 years. The Committee previously noted that some of the activities contained in the proposed list of types of hazardous work, appeared to be prohibited only to children under 16 years. The Committee expressed the hope that the necessary measures would be taken 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.

The Committee notes the Government’s information that it is committed to protecting persons between 16 and 18 years who are engaged in hazardous work through school enrolment programmes, family support programmes and alternative care options through the National Child Rights Council and Provincial and Local Child Rights Committees. Recalling the provisions under Article 3(3) of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that children between 16 and 18 years of age may be permitted to perform hazardous work only on the condition that their health, safety and morals are fully protected and that they have received adequate training in that activity.

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