Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Népal (Ratification: 2002)

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Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee previously noted the measures taken to strengthen the legal and institutional framework to prevent and combat trafficking in persons, and urged the Government to strengthen its efforts in this regard and to ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007 in practice. The Committee notes the Government’s information that it is enforcing the Human Trafficking and Transportation (Control) Act of 2007 through institutions such as the Office of the Prime Minister and Council of Ministers, the National Planning Commission and other ministries. The Government also indicates that a coordination mechanism between the line ministries and the Office of the Attorney General has been established to ensure the effective application of the Act and “create a compelling argument” against human trafficking. Amendments to the existing laws are also being discussed, aimed at prescribing thorough investigations and prosecutions for the perpetrators of trafficking-related offences.

The Committee further notes from the Government’s report of 3 November 2020 to the United Nations Human Rights Council that a separate and specialized Human Trafficking Investigation Bureau was established under the Nepal Police in 2018, as well as the National Committee for the effective implementation of the Human Trafficking and Transportation (Control) Act. The Committee also notes that a total of 285 and 338 cases of human trafficking were filed in the district courts in the fiscal years 2017/18 and 2018/19, respectively. Moreover, 678 victims of human trafficking were rescued in 2017/18 and 10,936 were rescued in 2018/19. According to the report, a fund for the rehabilitation of victims of trafficking has been established. There are 36 safe houses and rehabilitation centres in ten districts and one long-term rehabilitation centre for victims of trafficking. A total of 5,793 victims of trafficking have received various services from these centres during the last four years (A/HRC/WG.6/37/NPL/1, paragraphs 12, 33 and 34). The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons and provide detailed information on the activities undertaken to this end, in particular by the National Committee for the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007. The Committee further requests the Government to take measures to ensure adequate identification and investigation of cases of trafficking to ensure that perpetrators are prosecuted and dissuasive penalties are applied in practice. Lastly, the Committee requests the Government to continue providing appropriate protection and assistance to victims of trafficking and to provide information on the measures taken in this regard.

2. Vulnerable situation of migrant workers and imposition of forced labour. The Committee previously noted the measures taken by the Government to protect migrant workers, including the introduction of a mandatory two-day pre-departure orientation course; a technical and vocational training policy for migrant workers; and a guideline for migrant domestic workers. It also noted the high prevalence of organized human smuggling and trafficking of Nepalese workers to Qatar, Saudi Arabia and the United Arab Emirates with widespread deception and fraud in the business of foreign recruitment and a high prevalence of exploitation due to a dual labour agreement system. The Committee notes that the Government reiterates that it is committed to continuing to undertake specific measures to address the difficult circumstances faced by migrant workers and to responding to cases of abuse. The Government indicates that during the COVID-19 pandemic in 2020, it rescued and repatriated a substantial number of migrant workers from several destination countries, and provided food and financial support to migrant workers who were stranded without employment in such countries.

The Committee notes from a study conducted by the Pravasi (Migrant) Nepali Coordination Committee (PNCC) (with financial and technical support of the ILO Country Office, Nepal) entitled Impact of COVID-19 on Nepali Migrant Workers, 2022, that between June and December 2020 the Government of Nepal repatriated more than 161,301 migrant workers from United Arab Emirates, Qatar, Saudi Arabia and Malaysia. This study also indicates that migrant workers have been exploited and abused both by recruiters at home and employers and authorities in destination countries, often having their rights curtailed, their welfare neglected and placing them at risk of serious physical and mental health issues and even death. The pandemic situation has exacerbated these long-standing challenges faced by migrant workers and has also created new ones. The labour permits of an estimated 1,500 workers expired every day rendering their status in destination countries “illegal” and in many cases their passports were withheld by their employers. According to the PNCC study, migrant workers continued to (i) pay high recruitment and other migration related fees; (ii) face issues of wage-theft, exploitation, ill-treatment and abuse; (iii) face forcible expulsion from jobs without pay or benefits; and (iv) be subjected to violations of basic human rights. The Committee also notes from this study that the Government adopted the “employers pay” principle as well as the “free-visa-free-ticket” policy or the “zero cost” migration model in order to reduce the financial burden on migrant workers.

In addition, the Committee notes the Government’s indication in its Report to the United Nations Human Rights Council that it has concluded Memorandums of Understanding with a number of destination countries, including Malaysia, Japan, United Arab Emirates, Mauritius, Israel and Jordan in order to protect Nepali workers from different types of vulnerabilities. A Safe Migration Project is being conducted in 39 districts to provide information and counselling, legal aid, skill development training, psychological counselling and financial literacy to migrant workers (A/HRC/WG.6/37/NPL/1, paragraph 103). While noting the measures taken by the Government, theCommittee requests it to step up its efforts to prevent migrant workers from being trapped in conditions of work that amount to forced labour and to provide them with protection. The Committee requests the Government to continue to provide information on the measures taken in this regard, and in particular with a view to: (i) ensuring the effective implementation of the Foreign Employment Act; (ii) providing training and information to candidates to migration on regular and safe recruitment channels, labour rights and the risks of forced labour associated with migration; (iii) ensuring that migrant workers victims of trafficking who return to Nepal receive assistance and protection for their rehabilitation, and facilitating their access to complaints mechanisms to assert their rights when they face exploitation and abusive practices; and (iv) monitoring the recruitment and placement agencies.

3. Forced labour in brick industries. The Committee notes from the Report on Employment Relationship Survey in the Brick Industry in Nepal, 2020 jointly conducted by the Central Bureau of Statistics, ILO and UNICEF, that bonded and forced labour still exists in the country’s private sector, including in the brick industry. According to the survey estimates, the total work force involved in brick production, including family members, in 2020, was 186,150 persons, of which 176,373 were manual workers. Among these, 6,229 workers were found to be in forced labour and were unable to leave their jobs without negative repercussions or some risk, while some of them had fallen victims to debt bondage, and some others would lose all their wages due to them if they left the kiln.

The Committee notes that section 4 of the Labour Act of 2017 prohibits engaging anyone in forced labour, defined as any work or service performed by any worker against his/her will as a result of the threat an action with financial, physical or mental impact if he/she does not perform such work or service. Penalties for engaging any one in forced labour shall be imprisonment for two years or a fine or both, in addition to the requirement to pay remuneration, allowance and benefits, including damages (section 164). The Committee urges the Government to take effective measures to prevent and eliminate bonded and forced labour practices in the brick industries and to provide immediate assistance and protection to victims of bonded labour. The Committee also requests the Government to ensure that law enforcement bodies, in particular labour inspectors, carry out regular inspections to monitor the conditions of work in the brick kilns and are able to detect cases of forced labour. The Committee requests the Government to provide statistical data on the cases of bonded and forced labour detected, the prosecutions initiated and the specific penalties imposed for such violations.

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

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