ILO/ ACTRAV/ITUC AP/Trade Unions in Nepal National Trade Union Conference on Ratification and Implementation of ILO Core Labour Standards 15-16 August 2011, Kathmandu, Nepal

CONCLUSIONS AND RECOMMENDATIONS

Accepting the right to organize is a fundamental right of workers, the government of Nepal has been declaring its intention to ratify ILO Convention 87 for the past 10 years. However, for one reason or the other, there has been a delay in the process of ratification.

Several discussions within the social partners and tripartite discussions have also been held to promote the principles contained in ILO Convention 87 and subsequent awareness raising campaigns to promote the ratification of C87.

While appreciating that 7 out of the 8 core labour standards have been ratified, major trade union confederations in Nepal have been pressing for the ratification of Convention 87 for several years. The unions have also been conducting awareness-raising campaigns to generate support for the ratification of C87.

The Federation of Nepal Chamber of Commerce and Industry, the main employers’ organization in the country has also expressed its support for the ratification of the Convention.

Considering the positive steps and positions taken by the ILO tripartite partners, there is no serious obstacle to the ratification of the Convention.

However, there remain a few misconceptions within the top bureaucracy and policy makers creating delays in the ratification process. Based on the discussions held, main misconceptions are the following:

• Ratification of the C.87 will adversely affect police and armed force and we need to permit right of unionize to them
• As. C.98 is already ratified; there is no need to ratify c. 87.
• Rights granted by. C 87 is being exercised by the workers in practice. So, there is no need to ratify it
• High level officials may also ask for right to organize is a fear in government bureaucracy
• Government cannot restrict in the right to strike in the government service and even in the essential service

In addition, the uncertainty in the overall political situation in the country adds to the serious delay in the ratification process.

Trade unions deplores the delay in ratification of C87 and believe that the following reasons reinforces the need to ratify C87:

1. Nepal has already ratified ILO convention C98. This convention guarantees the workers' rights to organize and collective bargaining. Nepal has also ratified Covenant 1966 on Civil and Political Rights. Nepal has also ratified Covenant 1966 on Economic, Social and Cultural Rights. Article 22 of Covenant on Civil and Political Rights, and Article 8 on Covenant on Economic, Social and Cultural Rights guarantee all workers the rights to form and trade unions. Such guarantee is also affirmed by Article 23 of Universal Declaration on Human Rights, to which Nepal is a party.

2. Right to organize is important for implementation of international standard on Decent Work. ILO's eight conventions are deemed as basics for decent work. These eight conventions include, C29 and C105 relating to Bonded Labour, C138 and C182 relating to abolition of child labour, C100 and C111 relating to equality and abolition of discrimination, and C87 and C98 on rights to organize. Nepal has ratified all but C87. Its ratification will complete Nepal's commitment to Decent Work.

3. Reinstated Parliament of Nepal has adopted the Resolution on Public Interest relating to rights to organize on 11 May 2006 where ratification of C87 is a prerequisite to implement that resolution.

4. C87 leaves the matter of rights to organize among army and police to the Domestic laws of the countries concerned. Hence, ratification of C87 is not necessarily binding to grant organization rights to the army and police; rather it will be as per the law of the country concerned. Rights to organize among civil servants has already been recognized and accepted by Civil Servant Act of Nepal. Thus C87 just reinforces the provision of prevailing Act among the civil servants.

5. All other workers are guaranteed rights to organize by the existing Act relating to trade unions and the subsequent by-laws. In relation to the workers engaged in Essential Services, the draft Labour Law which is under discussion with the stakeholders has already incorporated the provision in line with C87 and the principle laid down by the CFA of ILO. Hence, ratification of C87 has no implication to general workers' right to organize.

6. The employers have rights to organize under the Registration of Establishment Act 2034, and there is no bar to form the organization at any level.

7. Domestic constitutional and legal provisions guaranteeing the rights to organize can be vulnerable to the changes in the government and political system. An autocratic government can squash the domestic provisions and squeeze the rights to organize. Ratification of C87 minimizes this vulnerability binding the countries to honor international commitments.

8. In Nepal, the law of land (the Constitution, Acts, by-laws) already provides rights to organize to major sectors of workers. In deed, most of the requirements of C87 are already met. Thus its ratification will not add to the burden of the State. Rather, ratification of C87 will reconfirm the commitment to democratic polity and strengthen the domestic provisions that in the past have granted trade union rights to the workers and civil servants.

After in-depth discussions and deliberations at the National Trade Union Conference on Ratification and Implementation of ILO Core Labour Standards in Nepal, trade union participants remain committed to work jointly and collectively to address the concerns raised by the Government and ratification campaign should be intensified.

Noting that the process has taken 10 years, trade unions demand that Government take immediate steps to ratify ILO Convention 87.

• Further, the following courses of action will be undertaken, jointly and collectively:
  
• Efforts will be carried out to clarify all misconception in the policy makers and among the stake holders.
• Efforts need to be accelerated to improve and ensure compliance with the Core Conventions, both under the law and in practice;
• To speed up the resolving the labour dispute, we will jointly campaign to establish the National Labour Commission based on decision taken by Central Labour Advisory Committee (CLAC) in 2007.
• Workers’ in the informal economy including self employed person need to be integrated in the trade union structure and organizing campaigns;
• Action on the labour market reform package in Nepal should be stepped up.
• The collective bargaining framework, including sectoral bargaining, in Nepal needs to improved;
• Trade union competencies need to be enhanced to engage meaningfully in collective bargaining.
• Capacity building, especially intended for trade unions, to enhance labour administration, including credible labour inspection systems should be carried out;
  

Detailed action and strategies, addressing the above, developed by the Conference participants is attached as an integral part of this document.

For these significant tasks, the ILO, especially the ACTRAV, role becomes increasingly important and their support will be appreciated.

Adopted 16 August 2011.