Page 69 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
At present, the economic market of workforces is more comprehensive,
covering the formal sector, informal sector, self-employed, and foreign
migrant workers. The ILO Convention No.102 has set the quantitative
standards of minimum protection targeted for social progress. Above
all, it has established the fundamental principle of social security in the
international human rights law that covers the right to social security
for contributory and non-contributory to the social security fund, and
also in the labour jurisprudence.

Nepal is neither a state party to ILO Convention No. 102 nor other
social security instruments endorsed by ILO. However, it is interesting
to note that Nepal has compliance with seven contingencies out of
nine of ILO Convention No. 102 in the CBSSA, 2017. The reason is
that Nepal is an active member of ILO and a state party to the ICESCR
which obliges state responsibility for ensuring social security to all.
Nonetheless, it is strongly suggested to ratify the ILO Convention
No.12 to align the Nepalese social security protection legislation
with international standards, which leads to social cohesion and,
overall, enhances Nepal’s social protection system. Also, this move
supports Sustainable Development Goals and corroborates Nepal’s
commitment to human rights and labour standards.
Including all, Nepal is in the infant stage of the growth of legislation
and governing mechanisms of social security for all. The CBSSA,
2017, is the specific legislation, and the SSF is the autonomous
governing agency that operates and manages the contribution-
based social security program. Due to the lack of proper awareness
of its benefits to the beneficiaries, not having a proper digital system
for indexing the workers, lengthy bureaucratic procedure either
for registration or to receive a return from it or for loan and other
due courses for applying to receive benefits as prescribed by the
legislation are fundamental challenges, that are hindering to meet
the target for coverage to all workers from every sector. Whatever the
technical, political, legal, financial, and administrative challenges

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