KATHMANDU: A government expected to be formed under the leadership of Balen Shah in the coming days could move to abolish party-affiliated trade unions across state institutions, as pledged by the Rastriya Swatantra Party (RSP) in its election manifesto.
With the party poised to form a strong single-party government following the recent parliamentary election, leaders say the commitment outlined in the manifesto will be implemented.
In point 5 of its election document, RSP states that upon assuming power it will enforce legal and institutional measures to end political party affiliations among individuals serving in state bodies, including the bureaucracy, teaching and academic sectors, security agencies, the judiciary and constitutional bodies.
The party argues that individuals receiving salaries and benefits from public funds should remain loyal to the state and the constitution rather than to political parties. According to the manifesto, prioritizing loyalty to a parent political party while holding public office is “unethical and punishable” conduct against the nation.
RSP leaders at various levels have repeatedly expressed their opposition to party-affiliated trade unions, saying the new government will move forward with reforms to end the practice.
Teachers and employee leaders push back
However, leaders of teachers’ and civil servants’ organizations argue that a future government led by Shah cannot abolish trade unions, citing constitutional rights.
Shankar Adhikari, central coordinator of the Nepal Teachers’ Organization, said the right to form associations is guaranteed by the constitution.
“Trade unions have been misrepresented and distorted in the current debate. Abolishing them is not possible, even through constitutional amendment,” Adhikari said. “There are no party-affiliated trade unions in Nepal. That is merely a misconception.”
He referred to Article 34 of the Constitution of Nepal, which guarantees the right to form unions and associations. According to him, employees with similar professional backgrounds, whether 500 or 5,000, have the constitutional right to organize themselves.
Adhikari added that organizations could only face action if they openly functioned as sister wings of political parties.
Former leader of the official trade union, Bhola Pokharel, also said the government cannot dissolve unions formed in accordance with the constitution and international labour standards.
“Legal provisions can be strengthened to prevent civil servants from becoming members of political parties under the Civil Service Act,” Pokharel said. “But employees cannot be barred from being part of trade unions.”
Pokharel echoed Adhikari’s view that trade unions cannot be abolished simply through a government decision. He also said he personally does not support party-affiliated trade unions.
“Before saying unions are political, it must first be determined whether members themselves are affiliated with political parties,” he said. “Employees can still organize without being linked to party sister organizations.”
Pokharel added that while political parties in the past had distorted the functioning of employee organizations, a new government could create an environment for independent trade unions focused on collective bargaining as envisioned by the constitution.
He also noted that attempts were made during the monarchy to abolish trade unions by removing legal provisions, but those rights were later restored.
Former secretary supports reform
Former government secretary Gopinath Mainali, however, said abolishing party-affiliated trade unions would be a positive step.
“Ending party-affiliated trade unions is a good move,” Mainali said, adding that an official trade union should still exist to represent employees’ rights and interests.
“There should be one official union to speak for employees, because governments are not always fair. Workers need a platform to present their concerns and suggestions,” he said.
Mainali argued that Nepal currently has as many as eight or nine unions, even though existing provisions allow a maximum of five, requiring at least 25 percent of employees as members.
He suggested Nepal could adopt a model similar to professional bodies such as the Nepal Bar Council or the Nepal Medical Association, where a single official organization represents professionals.
Mainali also said Nepal’s practice of multiple politically linked unions is uncommon globally. According to him, the constitution guarantees the right of individuals to organize, but that does not necessarily mean state employees should run politically affiliated unions.
He cited examples from other countries, claiming that some nations either limit or strictly regulate union activities within the civil service.
The issue is likely to become one of the early policy debates once the new government takes office.
Comment