Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Strengthening social dialogue. Support of the Office. In its 2006 observation, the Committee welcomed the consultations held in the Central Labour Advisory Committee and other tripartite committees, with the active involvement of the ILO Office in Kathmandu. It emphasized that, in view of the circumstances in the country, there are opportunities to further deepen tripartite consultation and to intensify social dialogue in Nepal. The Office has the technical capacity to help strengthen social dialogue and support the activities of the Government, employers’ and workers’ organizations to engage in the consultations required by the Convention, as a contribution to restoring democracy and the process of peace building. In this regard, the Committee notes with interest the information provided by the Government in the report for the period 2006–07. It notes that article 154 of the Interim Constitution of Nepal established a National Labour Commission and a draft Labour Commission Act 2008 has also been prepared. The Government states that the new Act will be a remarkable achievement once it is approved by the Constituent Assembly. The Government states that it has a staunch and firm belief in the principle and value of tripartite consultations for maintaining harmonious labour relations in the country. The Committee refers to the 2008 Declaration on Social Justice for a Fair Globalization, which states that “social dialogue and the practice of tripartism between governments and the representatives of organizations of workers and employers within and across borders are now much more relevant to achieving solutions and building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore invites the Government and the social partners to continue to report on measures taken to promote tripartite consultation on international labour standards, as required by Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Tripartite consultations required by the Convention. The Government indicates in its report that every effort has been made by the Government of Nepal to ensure consultations regarding the matters concerning the activities of the ILO, as provided for in Article 5, paragraph 1, of the Convention. The Government prefers to consult with the representatives of the social partners at various levels while preparing various reports or replies on the agenda of the Conference or before making proposals on the submission of the instruments adopted by the Conference to the competent authorities. All reports to be made to the ILO under article 22 are prepared in consultation with the social partners before dispatch. During the reporting period, some 79 meetings were held at the initiative of the Ministry of Labour to address various labour-related issues under the principle of tripartite consultations. The Committee further notes with interest that a book containing the instruments adopted by the Conference between June 1995 and June 2006 has been prepared and is ready to be submitted to Parliament for its consideration. The Committee recalls that the ratifications of Conventions Nos 105 and 169 were registered in August and September 2007. The Committee again welcomes this approach, including the assistance that the ILO is providing to the social partners in the field, and reiterates that social dialogue and, in particular, the tripartite consultation required by Convention No. 144 could contribute to promoting democracy and decent work in Nepal.