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Regulation) Act 2053 to work in restaurants, bars and pubs,
deeming this to be a ‘hazardous occupation or work’.
Moving forward: Because of the long working hours
and the presence of alcohol and sexually-related
activities in the entertainment industry, the Act should
be reviewed and revised to prohibit the employment
of children between the ages of 16 and 18 in the
entertainment industry.
Policy: Reducing child labour and eradicating the worst forms
of child labour are primary objectives of Nepal’s National Plan
of Action for Children 2004/05-2014/15. However, the Plan
presents insufficient strategies to apprehend and punish those
who illegally employ children. The Master Plan on Child Labour
2004-2014 defines work in bars and restaurants as one of the
worst forms of child labour. The Plan is comprehensive, although
it does not clearly indicate parameters for labour inspection
and other mechanisms to enforce child labour laws.
Moving forward: While legislation and policy exist,
implementation of actions to prohibit of child labour
in the entertainment industry is slow. NGOs are
primarily responsible for the withdrawal of children
from child labour, while government actions to inspect
labour situations and to prosecute offenders are limited.
A revised national policy for the protection of women
and children should address the gaps in the NPA for
Children and the Master Plan on Child Labour, particularly
by clarifying functional mechanisms for labour inspection
2010 Terre des hommes www.tdh.ch 92
and strengthening government to prosecute those
who employ children in the entertainment industry.
LABOUR ISSUES
Legislation: Nepal’s legislation covers the majority of concerns
regarding labour issues in the entertainment industry, although
the legislation is not enforced. Forced labour ‘in any form’ is
expressly prohibited by Article 29 of the Interim Constitution
of Nepal. However, the mechanisms of forced labour in the
entertainment industry – such as being forbidden to quit
without finding a replacement or being compelled to sit and
drink with customers – escape the provisions of the law.
Workplace issues, with the exception of sexual harassment,
are addressed by the Nepal Labour Act 1992. Among else,
the Act states that employees shall be provided appointment
letters (almost none are), shall not work more than 48 hours
per week (almost all do), and ‘shall be paid overtime wages
at the rate of one and one-half of his ordinary rate of wages’
(almost none are). The Act also requires other things that are
routinely denied entertainment industry workers, such as a
workplace with ‘adequate fresh air and light’, the provision of
one day of holiday per week, intervals for ‘refreshment and
rest’, maternity leave, compensation for injury, medical expenses
and a provident fund.
Moving forward: While the legislation is adequately
comprehensive to provide entertainment workers
with basic labour rights and facilities, there are
insufficient government mechanisms to enforce the