2010 Annual Survey of violations of trade union rights – Nepal

Population: 29,300,000
Capital: Kathmandu
ILO Core Conventions Ratified: 29 – 98 – 100 – 105 – 111 – 138 – 182

The legislation is not respected, preventing the existence of effective social dialogue. Some independent trade unionists were the victims of attacks by Maoist militants, while others were threatened or dismissed.

Trade union rights in law

Although basic trade union rights are guaranteed, excessive restrictions apply. The right to freedom of association is established in both the interim Constitution of 2007 and the Labour Act, but non-nationals may not be elected as trade union officials. The thresholds for union formation as well as for the creation of federations and confederations are excessively high, and a maximum of four unions are allowed per enterprise. Workers, including civil servants, have the right to join a union and to bargain collectively, and the latter right has also been extended to federations and confederations. However, the right to strike is limited, and the government may stop a strike or suspend a trade union’s activities if the strike disturbs the peace or is deemed to adversely affect the interests of the nation. Also, to call a strike, 60% of the union’s membership must agree on the action in a secret ballot, and the union must announce the strike at least 30 days in advance. Strikes are banned for workers in charge of security or surveillance teams in a company and for workers in “essential services”, which are broadly defined to include sectors such as banking and hotels.

Trade union rights in practice and violations in 2009

Background: The resignation of Prime Minister and former Maoist rebel leader Pushpa Kamal Dahal on 4 May triggered fresh tension and political instability. A new Prime Minister, Madhav Kumar Nepal, head of the Communist Party of Nepal – United Marxist Leninist (CPN-UML), a centre-left alliance, has led a coalition government boycotted by the Maoists since the end of May. Maoists hold 40% of seats in the parliament. The government is weakened by the Maoists capacity to mobilise large numbers of former rebels and has not been able to make progress on economic development or the drafting of a new Constitution. Like its predecessor, this new government has not put an end to impunity for the numerous human rights violations committed during and after the civil war.

Ratification of Convention 87 on the horizon?: In July pressure from the trade union movement and the ILO led to commitments from prominent Nepalese political figures in favour of the ratification of ILO Convention 87 on freedom of association and protection of the right to organise. By the end of 2009 however, Nepal had still not ratified this international standard.

Collective bargaining weak: Owing to a combination of worker inexperience, employer reluctance and barriers to strike action, there is little collective bargaining in practice. The large number of unions further reduces workers’ weak bargaining power. Collective bargaining agreements only cover a very small percentage of workers in the formal economy.

Trade unions set up joint platform despite tensions: Despite attacks on their members at the hands of the Maoist All Nepal Federation of Trade Unions (ANFTU), the democratic trade unions, including the Nepal Trade Union Congress – Independent (NTUC-I) and General Federation of Nepalese Trade Unions (GEFONT) decided to hold talks with them in order to reach a consensus on progressive reform of labour legislation. An inter-union Coordination Council was set up, a joint platform of the representatives of seven trade unions, one of whose key tasks is to reduce acts of violence.

Seven trade union leaders released on bail: The General Federation of Nepalese Trade Unions (GEFONT) reported that in April the management of the “Women Uplift Center – Mahila Utthan Center” tried to fire the union’s new leader, after dismissing two other union leaders in 2008. (A complaint concerning these two dismissals is still being examined). According to GEFONT, management also hired thugs to damage office equipment, then accused the trade union of being responsible for the damage. Four trade union leaders were arrested and three others had to report to the police station. They were all released on bail. Faced with continued protests outside the centre, management finally agreed to reinstate all the dismissed workers and to recognise the union. A new collective agreement was signed. The complaint concerning the destruction of office equipment is still being dealt with however.

Beijing Hotel uses extreme violence against its workers: According to the General Federation of Nepalese Trade Unions (GEFONT), shortly after their union was registered, workers at the Beijing Hotel (Thamel district, Katmandou) submitted a list of demands to management, in June. The latter refused to consider the demands and promptly dismissed 35 people. When the workers began a strike picket outside the hotel, management responded by violently attacking them with knives, sticks, stones and beer bottles. Many workers and union leaders were seriously injured.

22 hospital workers reinstated further to pressure from German donors: In June, 22 workers were dismissed by the Sushma Koirala Memorial hospital after registering their union. According to the General Federation of Nepalese Trade Unions (GEFONT), all the workers at the hospital were on fixed-term contracts. Initially the hospital management claimed it was simply a question of the non-renewability of contracts. However, given that non-unionised workers had had their contracts renewed, GEFONT believed it was an act of anti-union discrimination and contacted the German donors who support the hospital. The donors obliged management to rehire the dismissed workers. The union was later recognised.

Attacks on democratic trade union activists: In March, TP Khanal, assistant general secretary of the Nepal Trade Union Congress – Independent (NTUC-I) and Krishna Pandey, one of the leaders of the Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union (NTHCWRU) and the union leader at a Katmandou casino, were beaten up by members of the Maoist union. TP Khanal’s injuries were so severe that he had to spend two weeks in hospital. The NTUC-I has reported other cases of trade union activists being attacked and threatened in the embroidery industry and among other member unions such as the Nepal Factory Labour Union and the Nepal National Security Guards’ Union.

NTUC-I members threatened: In December, Rajendra Khadka, the representative of the Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union (NTHCWRU), affiliated to the Nepal Trade Union Congress – Independent (NTUC-I), at the Hyatt Hotel, was threatened by Maoist activists who ordered him to stop his trade union activity or face physical reprisals and pressure to get him sacked.

The NTUC-I also reported the abduction, for one day, of Binod Kumar Karna, general secretary of its affiliated organisation in the textile industry, the Nepal Garment Workers’ Union (NGWU) and Nabin Singh, a member of the union. They were threatened there would be further consequences if they continued their activities in support of the NTUC-I.

NTUC-I general secretary sacked: Achuta Raj Pandey, general secretary of the Nepal Trade Union Congress-Independent (NTUC-I), was dismissed by the Soaltee hotel for irregular attendance at the workplace, despite being granted unpaid leave further to his appointment by the government as a member of the Constituent Assembly.

Birjung National Medical College dismisses at least three trade unionists: Faced with the Labour Ministry’s refusal to register the workers’ union of the National Medical College of Birjung (affiliated to the General Federation of Nepalese Trade Unions – GEFONT), the union’s members carried out protest action. Several of the union’s members including three of its leaders were dismissed as a result.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec63c&skip=0&coi=NPL&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Nepal

Population: 28,200,000
Capital: Kathmandu
ILO Core Conventions Ratified: 29 – 98 – 100 – 111 – 138 – 182

Despite some promising political developments, including democratic elections, trade union rights violations remain frequent. Two trade unionists were killed by the police.

Trade union rights in law

An interim Constitution came into force in 2007. The trade union movement managed to get a clause included stating that labour rights are fundamental rights and that, as provided in law, workers have the right to join unions and to bargain collectively. In 2007 a verdict by the Supreme Court confirmed that the right to collective bargaining was not restricted to company unions but also applied to federations and confederations.

Members of the armed forces and the police are not allowed to form a union, however, and members of the management of private or public enterprises are not allowed to take part in union activities. Non-Nepalese can be members of a union. However, only Nepalese nationals can be elected as trade union officials.

Forming trade unions: At enterprise level, the formation of a union requires 25 per cent of the workforce and a minimum of ten people. A maximum of four unions are allowed per enterprise. The collective bargaining agent should be determined via elections within the enterprise.

Trade union federations can be formed through the association of 50 company unions, or of 5,000 individuals working in enterprises of the same nature. This is a barrier high enough to be considered restrictive by international labour standards. A confederation requires ten federations to join together, of which six must be from the formal economy.

Rights recognised in the informal economy: An amendment to the Labour Act in 1999 brought the informal economy and agricultural sector under the scope of the law, although the thresholds are very high. In the informal economy, 500 people in similar work are required in order to create a federation, whilst in agriculture a minimum of 5,000 workers are needed, covering at least 20 districts and with at least 100 people from each district.

Government restores public servants’ right to belong to unions: In 2007, the government adopted a Civil Service Act restoring the right of civil servants to join a union and to bargain collectively. Those rights had been revoked on 14 July 2005.

Strike restrictions: Although strikes are permitted, there are a series of restrictions. A strike can be held, but only after 30 days’ notice and following a secret ballot of 60 per cent of the union’s membership, an excessively high figure according to international standards. The government may stop a strike or suspend a trade union’s activities if it disturbs the peace or is deemed to adversely affect the economic interests of the nation.

In addition, legislation denies the right to strike to employees providing essential services. In recent years, the government has used that legislation to ban strikes in many sectors, including banking, telecommunications, electricity, water supply, road, air and sea transport, the print industry, the government, press, and hotels and restaurants. This far exceeds the ILO definition of essential services. A worker in charge of security or surveillance teams in a company is not allowed to start a strike either.

Reform of labour law: In 2006 and 2007 the government began to reform the country’s labour and industrial relations law, with technical support from the ILO and involvement of trade unions and employers’ organisations.

Trade union rights in practice and violations in 2008

Background: The national elections in April 2008 marked the beginning of a new era for Nepal, after a decade of conflict that cost the lives of at least 13,000 people. The Maoists won over 30% of the votes, followed by the Nepali Congress. One third of the new Congress members are women, a historic breakthrough. On 28 May, the monarchy was abolished and in August the Maoist leader Pushpa Kamal Dhal became Prime Minister. The new government has shown little interest in ending impunity for the numerous human rights violations committed during and after the civil war. Anarchy and the flouting of the law are obstacles to a good social climate.

Strikes: Some of the strikes held in 2008 had no direct link to workers’ interests. Some were held by groups for political reasons and others by associations demanding various reforms not directly linked to the world of work. There was the strike, for example, by businessmen’s associations calling for a better business climate and an end to the abduction of business people.

Killing of two trade unionists: Two trade union activists, Kebal Raut and Hare Ram Yadav, were killed and more than 50 workers injured by police on 29 August in an incident which occurred after workers from various factories in the Bara District had joined workers from the Narayani Rolling Mills factory in their action against the company management. The strike was called by the Nepal Independent Chemical and Iron Workers’ Union (NICIWU), an affiliate of the General Federation of Nepalese Trade Unions (GEFONT), and was later joined by workers from other unions, including the Nepal Trade Union Congress-Independent (NTUC-I). The workers had gone on strike to demand permanent jobs, payment of the minimum wage and the reinstatement of 21 dismissed workers. The dispute was ended when a tripartite agreement was reached on the payment of 1 million rupees to the families of the two workers killed, free and effective medical treatment for those injured and the reinstatement of the 21 dismissed workers.

Collective bargaining weak: Owing to a combination of worker inexperience, employer reluctance and barriers to strikes, there is little collective bargaining in practice. The large number of unions further reduces workers’ weak bargaining power. Collective bargaining agreements only cover around ten% of workers in the formal economy.

Police violence against demonstrators: On 3 September, during a peaceful protest in Kathmandu, the police arrested 80 trade union leaders, including Santosh Rajyamajhi, General Secretary of the United Telecom Ltd (UTL) workers’ trade union. The protest was in support of a union demand for an end to the system of temporary contracts for workers, for better working conditions and for the proper application of Nepal’s labour and trade union laws. Violence was used by the police during the arrest and many of the workers were injured, some by bullets. The workers were detained at Mahendra police station and released in the evening.

GEFONT reports that workers employed by Navin Polimr industries in the Parsa district were beaten by police on 29 December. Three of them sustained serious injuries. The workers were taking part in a peaceful protest to demand that management apply an agreement and allow them to return to work (the factory doors had been padlocked by management since 25 November). Negotiations between the trade union representatives, management and the police foresee the application of the agreement in question and stiff sanctions against the police officers responsible for the violence.

Inter-union rivalry and violence: The rivalry between Nepalese unions sometimes leads to clashes between workers from different organisations. It seems this has grown since the union linked to the party of former Maoist guerrillas has gained in prominence. GEFONT and its affiliates have reported several cases of attacks on its members by Maoist activists. On 2 January, seven GEFONT leaders were injured in a brutal attack by members of the Maoist All Nepal Federation of Trade Union (ANFTU). The leaders had come to talk to management at Pokhara Noodles Private Limited to ask for the reinstatement of 12 dismissed workers. Similar cases occurred at Trvinevi Textiles Weaving Unit in Bara (eight workers seriously injured during a strike to demand the payment of their salaries on time) and at Himalayan Snacks and Noodles in Banepa.

The Federation of Nepalese Journalists (FNJ) reported that in defiance of a court injunction, an organisation affiliated to the Maoists sought to take control of in-house unions in two other media establishments: the Asia-Pacific Communications Associates (APCA) and the Kantipur group.

Attacks and threats against journalists: On 11 October, Krishna Prasad Dhakal, editor-in-chief of the weekly Kapilvastu Sandesh and advisor to the FNJ, received death threats from an armed group in the Terai region, the Janatantrik Terai Mukti Morcha (JTMM). In 2008, three journalists were killed and one kidnapped, while dozens more were attacked, threatened or harassed. On 21 December, the offices of the Himalmedia were attacked and 12 employees injured. The following day a peaceful protest by the FNJ calling for press freedom was again attacked by, amongst others, police officers with batons. One of the FNJ’s leaders, Ramji Dahal, was seriously injured.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cad4c&skip=0&coi=NPL&querysi=trade&searchin=title&display=10&sort=date