Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Article 1 of the Convention. National policy and application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s detailed information on the measures adopted towards the continued implementation of the National Master Plan Phase II (NMP II) on Child Labour 2018-2028. In particular, it notes: (1) the adoption of a National Children’s Policy (2024) and the Children’s Regulations (2022); (2) that the Ministry of Labour, Employment and Social Security (MOLESS) conducted workshops in collaboration with civil society organizations to orient local governments on child labour issues; and (3) that the National Statistics Office, in collaboration with the ILO, is conducting a survey on the prevalence of child labour through a new Labour Force Survey. The Government adds that the NMP II is undergoing a progress review and that, based on the recommendations of this review, it will be revised. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour. In this regard, it requests the Government to continue to provide information on: (i) the concrete measures taken within the framework of the NMP II and the National Children’s Policy (2024), and on the results achieved; (ii) the conclusions of the review of the NMP II; and (iii) the findings of the Labour Force Survey, in particular, updated statistics on the nature, scope and trends of child labour in the country.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. The Committee notes the Government’s statement that labour inspection mechanisms face limitations due to inadequate resources, lack of sufficient and trained inspectors and insufficient reach into the rural and informal sectors where child labour is most prevalent. Nevertheless, the Government indicates that it is taking steps to strengthen labour inspection mechanisms and enhance formalization of work, including through: (1) the development of a specific procedure for labour inspection in the informal sector, designed to guide labour inspectors in identifying, monitoring and addressing labour law violations, including the presence of child labour, in informal settings such as small workshops, domestic work, agriculture, and street vending; (2) the adoption of the Strategic Action Plan for the elimination of child labour in the agricultural sector, with the technical support of the Food and Agriculture Organization; and (3) the elaboration of the National Action Plan on Formalization, which will aim to bring informal economic activities under the scope of labour laws and social protection frameworks, ensuring better protection of labour rights, including those of children. The Government further indicates that, between 2022 and 2025, the Labour Inspectorate conducted targeted child labour inspections in 10,311 institutions and that it registered 124 complaints relating to child labour, leading to the rescue of 192 children. The Committee takes note of the Government’s efforts and encourages it to ensure that the labour inspectors have sufficient resources and adequate training on child labour issues in order to improve their capacity to detect cases of child labour. It requests the Government to continue to provide information on: (i) the measures taken, and results achieved, to strengthen the capacities 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; and (ii) 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(1) and (2). Minimum age for admission to hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted that: (1) section 3(1) of the Child Labour (Prohibition and Regulation) Act, 2000, prohibits the engagement of children under the age of 16 years in hazardous work; and (2) Schedule 1 of the Child Labour (Prohibition and Regulation) Act, 2000, determines the types of hazardous work prohibited to children under the age of 16 years.

The Committee notes the Government’s information that the hazardous work list contained in Schedule 1 of the Child Labour (Prohibition and Regulation) Act, 2000, was amended in May 2024 to include high-risk sectors such as brick kilns and domestic work, with hazards defined by the nature and type of work involved. The Government also specifies that the updated hazardous work list will be incorporated in the new Child Labour (Prohibition and Regulation) Bill, which has been drafted and is currently undergoing the consultation phase. While it takes note of this information, the Committee notes with regret that the revision of the hazardous work list did not amend the minimum age for engaging in hazardous work contained in the Child Labour (Prohibition and Regulation) Act, 2000, and its Schedule 1, currently set at 16. The Committee further notes that, while section 7(6) of the Act Relating to Children, 2018, provides that every child under the age of 18 years shall be protected from being exploited economically and from activities that are harmful to their health, physical, mental, moral or social development, section 7(9) states that children under 14 years of age shall not be engaged in hazardous work or employed as domestic workers or kamalari (female bonded labour). The Committee urges the Government to take all necessary measures to ensure that its legislative framework clearly prohibits the engagement or work of children under 18 years in hazardous work. It requests the Government to provide information on any progress made in this regard and to provide a copy of the new Child Labour (Prohibition and Regulation) Act, in one of the official languages of the ILO, once adopted.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee notes the Government’s indication that the ongoing revision of the Child Labour (Prohibition and Regulation) Act, 2000, will incorporate clear guidelines and safeguards for regulated work involving 16- to 18-year-olds. Recalling the provisions under Article 3(3) of the Convention, the Committee urges the Government to take the necessary measures to ensure that children between 16 and 18 years of age may only be permitted to perform hazardous work 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.