Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Pakistan (Ratification: 1961)

In previous observations, the Committee referred to a resolution of the Subcommission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights, which expressed grave concern that persons charged with and arrested for violations of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ordinance No. XX of 1984) and also the affected groups as a whole had been subjected to discrimination in employment and education. The Committee requested the Government to review this matter and take the measures necessary to ensure the observance of the Convention.

The Committee notes the statement of the Government in its report that there is full religious freedom for all the minorities including quadianis, that the interests of minorities are fully safeguarded, that all minorities including quadianis have the right to profess, practise and propagate their religion, that they have also the right to establish and maintain religious institutions, and that it is hence not true that in Pakistan quadianis or members of any other minority are being subjected to discrimination based on faith or religion. The Committee also notes the observation supplied by the Pakistan National Federation of Trade Unions stating that the law does not debar the quadianis from propagating their faith as "quadianis".

The Committee takes note of these indications. It must, however, point out that under the provisions of Ordinance No. XX (section 3(2), in particular) members of the religious groups concerned may be sentenced to imprisonment, inter alia, for propagating their faith. The Committee, in its previous observation, pointed out that such punishment has a direct bearing on their opportunities regarding employment. It wishes to refer, in this context, to the allegation transmitted by a Special Rapporteur appointed in accordance with Resolution 1986/20 of the United Nations Commission on Human Rights to the Government of Pakistan that a first-class technician in the air force has been dismissed from his function for belonging to the Ahmadi faith (E/CN.4/1989/44, p. 29). The Committee also noted the written statement submitted by the Anti-Slavery Society for Protection of Human Rights to the Commission on Human Rights (E/CN.4/1987/NGO/67, 6 March 1987), in which it was alleged, among other things, that the issue of a passport is refused to a Muslim in Pakistan if he does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an impostor. Such measures would clearly deprive persons of the freedom to choose an employment abroad and result in discrimination in access to employment on the ground of religion.

With a view to ensuring the observance of the Convention, the Committee again expresses the hope that the Ordinance and any administrative measures affecting members of religious groups in employment will be reconsidered and that the necessary measures will be taken in this regard to bring legislation and practice into conformity with the Convention. Pending amendment of the legislation, the Committee requests the Government to supply detailed information on the status of persons covered by the Ordinance in their employment and occupation, including their freedom to seek employment abroad on the same footing as other nationals.