Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Pakistan (Ratification: 1951)

1. The Committee notes the information supplied by the Government in response to its previous direct request, and has made reference to certain of that information in its observation.

2. The attention of the Committee has been drawn to the Sindh Government Servants (Conduct) Rules Amendments Rules 1990. Inter alia, these rules inserted a new section 28 in the Sindh Government Servants (Conduct) Rules 1966. This new provision appears to give rise to a number of problems in relation to the application of Articles 2 and 3 of the Convention.

(a) The Committee has taken the view that it is permissible for first-level organisations of public servants to be limited to that category of workers, on condition, however, that their organisations are not also restricted to employees of any particular ministry, department or service, and that the first-level organisations, like those of workers in the private sector, may freely join the federations and confederations of their own choosing. Provisions stipulating that different organisations must be established for each category of public servants are incompatible with the right of workers to establish and join organisations of their own choosing (General Survey, 1983, paragraph 126).

The provisions of section 28(1)(a) and (c), confining membership of service associations to the government servants serving in one functional unit and preventing the association from affiliating or associating itself with any other association belonging to any other cadre, do not appear to be compatible with those principles.

(b) Article 3(1) of the Convention states that:

Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.

Whilst Article 3(2) enjoins the public authorities to refrain from any interference which would restrict this right or impede the lawful exercise thereof.

The provisions of section 28(1)(d), (e), (f), (g), (h), and (j):

(1) preventing the association from associating itself or seeking support from a political party or engaging in political activities;

(2) confining its activities to matters of personal interest of the government servants whom it represents;

(3) preventing it from involving itself in individual cases of its members;

(4) engaging in activities which its members are individually prohibited from engaging in;

(5) supporting any candidate in an election whether in Pakistan or elsewhere;

(6) issuing or maintaining periodical publications except in accordance with and by general or special order of the Government;

(7) publishing any representation on behalf of its members without the Government's sanction; and

(8) compelling it to frame its by-laws with the previous approval of the approving authority, they being in fact the employer;

are clearly not in conformity with these guarantees.

(c) The requirement that all office-bearers of an association must be members of that association (section 28(1)(b)) does not appear to be compatible with the principles set out at paragraph 158 of the Committee's 1983 General Survey. In the Committee's opinion, it is necessary to make these provisions more flexible by admitting as candidates persons who have previously been employed in the occupations concerned and by exempting from occupational requirement a reasonable proportion of the officers of an organisation.

(d) The stipulation that associations must confine their activities to "matters of general interest of the government servants whom it represents", and that they must not involve themselves in "individual cases" of their members (section 28(1)(e)) appears to deny associations the right to exercise basic trade union functions, and as such is not compatible with the requirements of the Convention.

(e) The fact that an association may not represent the interests of its members unless "recognised" by the competent authority does not appear to be compatible with the requirements of Article 2 of the Convention. The administrative authorities should not be able to refuse registration of a trade union organisation, the objective of which is to ensure the development of the social and economic well-being of all and each of its members.

3. The Committee cannot but express its concern at the adoption of a legislative provision which is in contravention of the Convention. Accordingly, it asks the Government to indicate in its next report what measures it intends to take to bring law and practice in the province of Sindh into conformity with the requirements of the Convention in general, and Articles 2 and 3 in particular. It also asks the Government to indicate whether there are similar restrictions upon the right to organise of public servants in other provinces, or at the federal level.