Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. In previous observations, the Committee has raised a number of concerns about the application of the Convention. These concerns were also the subject of comments by the Pakistan National Federation of Trade Unions and by the All-Pakistan Federation of Trade Unions in 1993 which emphasized the need for the Government to take measures to give practical effect to the Convention and particularly to eliminate discrimination on the basis of religion, promote equality of opportunity, especially for women workers, and to increase the awareness of all categories of society in this respect. The Committee notes the information contained in the Government's report, which was also supplied to the Conference Committee in 1995. The Committee also notes the statement of the Government representative to the Conference Committee rejecting the unions' assertions concerning discrimination on the bases of religion and sex.

2. Equality on the ground of religion. For a number of years, the Committee has drawn attention to the provisions of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) which provides for sentences of imprisonment for up to three years for these religious groups for, inter alia, propagating their faith (section 3(2)). Considering that this type of sentence could affect employment, the Committee has requested the Government to reconsider the Ordinance and any administrative measures relating to employment which affect the members of religious groups and to ensure, in law and in practice, compliance with the Convention. The Committee has also referred to allegations of dismissal or discriminatory termination of the employment of members of the Ahmadi/Quadiani communities serving in the public service and the armed forces, and has continued to request statistics on the number and percentage of Ahmadis serving in the administration and the armed forces, as well as on any cases of dismissal, including the grounds for any such dismissals. In addition, the Committee has stated that a declaration asserting the founder of the Ahmadi/Quadiani movement to be a liar and an imposter, which must be signed before a passport is issued, denies those who refuse to sign the declaration the opportunity to seek employment abroad.

3. The Government asserts that the restraints imposed on the Ahmadis by Ordinance No. XX are not onerous because they concern only the public exercise of certain practices: religious practice can be observed so long as this is done in private, without causing affront to Muslims. The Government refers again to the constitutional provisions which provide safeguards against discrimination on the grounds of race, religion, caste, sex, residence or place of birth (article 27) and which impose the obligations on the State to safeguard the legitimate rights and interests of minorities. The Government also reaffirms that, in July 1993, the Supreme Court ruled that Ordinance No. XX was not ultra vires the Constitution. The Government states that minorities are treated both justly and generously by the Government. As concerns employment in the armed forces, the Government states that under section 10 of the Pakistan Army Act every citizen has the right to join the armed forces and that adherence to a particular religion has never been a prerequisite for service: many minorities, including Ahmadis, are serving in the armed forces in accordance with their quota and with the Constitution. The Government states that it does not consider relevant the Committee's request for statistics regarding the number and percentage of Ahmadis serving in the army.

4. In relation to employment in the federal civil service, the Government again states that 6 per cent of all vacancies, other than those filled by merit quota, are reserved for the scheduled castes in order to provide an incentive to eliminate their economic and social backwardness. It adds that some members of the Ahmadi community hold important positions in the civil and military services of the country and that no Ahmadi has been dismissed from government service on religious grounds. The Government provides information on the number of parliamentary seats reserved for minorities, including the Ahmadis, and offers to supply data on minorities once the forthcoming census is completed. In addition to the Advisory Council for Minorities (which meets annually to advise the Government on matters concerning the welfare of minorities), the Government has introduced the Cultural Awards Scheme to promote and preserve the cultural heritage of minorities. The National Commission for Minorities, established in 1993 to examine problems and to make recommendations for action, has established three committees: the Rules and Procedures Committee, the Committee on Education and the Committee on Legislation, the last-mentioned of which is to examine the laws reported to be discriminatory as regards minorities. According to the Government, a programme is also being undertaken in the Ministry of Law and Justice to reform and update the personal laws of minorities and to examine the issue of the delimitation of minority constituencies for the national and provincial assemblies.

5. As concerns the declaration on the passport form, the Government points out again that, as Ahmadis continued to "pose as Muslims", it became necessary to prevent non-Muslims from obtaining passports indicating their religion to be Muslim; and the declaration has proved to be a deterrent differentiating Muslims from Ahmadis. As it has stated on previous occasions, the Government considers that this matter has no relevance with regard to employment opportunities on the basis of religion, as the Ahmadis who are willing to migrate for employment are required simply to indicate their religion on the passport application form, in which case they are not required to sign the declaration: they are then issued passports like other citizens and hence the Convention is not contravened.

6. The Committee notes the discussion of this matter by the Conference Committee, which considered that Ordinance No. XX and the rules for the issuance of passports had serious implications for religious discrimination and advised the Government to avail itself of the technical assistance of the Office. The Committee recalls, as did the Conference Committee, that the Pakistan Human Rights Commission had recommended, in January 1994, that measures be taken both to ensure in practice the constitutional guarantee to every citizen to profess, practise and propagate his religion in full freedom and to move the Supreme Court for a review of its majority ruling on Ordinance No. XX.

7. The Committee regrets that the Government considers as irrelevant its request for statistics on the number and percentage of Ahmadis serving in the armed forces and the public service, more particularly as the Government has stated that minorities are employed in these areas in accordance with fixed quotas, which would suggest that such data are collected. Accordingly, the Committee hopes that the Government will reconsider its position on this matter. In these circumstances, the Committee must urge the Government to reconsider Ordinance No. XX and ask that it will take the necessary measures to guarantee freedom from discrimination on the ground of religion, both in law and in practice, in all aspects of employment. The Committee also hopes that its comments, as well as those of the Conference Committee, will be brought to the attention of the National Commission for Minorities, where consideration could be given to the measures to be taken to bring national law and practice into compliance with the provisions of the Convention. The Committee requests the Government to provide information on the activities of the Commission in this respect.

8. Equality on the ground of sex. The Government states that although gender equality is guaranteed constitutionally and legally, this equality is not reflected in practice, due to the socio-cultural constraints that have endured for centuries. The Government refers to the Seventh Five-Year Plan (1988-93) which contained a range of measures to improve the low status of women and to accord them equality of opportunity in education, health, employment and in other spheres of life. Reference is made in the report to the projects sponsored by the Ministry of Women's Development and to the special credit facilities arranged for women through the First Women Bank. As concerns the amendment of legislation considered discriminatory, the Government indicates that the recommendations of the Legal Rights Committee have been pursued with the agencies concerned. Information is also provided on the creation of five women's study centres in various universities. A draft First National Policy for Women, being prepared by the Ministry of Women's Development, in collaboration with the ILO and UNICEF, will, according to the report, be discussed at seminars and at workshops at both the regional and national levels and will be announced after approval by Cabinet.

9. The Committee asks the Government to provide information, in its next report, on the impact of these various initiatives and, in particular, on the specific measures taken or contemplated to amend legislation which has a discriminatory effect on women's enjoyment of equality of opportunity and treatment in employment, whether of a direct or indirect nature. The Committee also requests the Government to indicate the number of programmes to build awareness among leaders of public opinion and the public at large regarding the need to eliminate discrimination against women and about the economic and social consequences of such discrimination. In this regard, the Government is asked to indicate whether these programmes appear to have had an impact on increasing the literacy rate of girls and women which, according to figures cited during the 1995 Conference Committee discussion, appear to be very low, as compared with that of men. During this discussion, the Government had indicated that the Task Force on Labour had recommended the appointment of a special committee to formulate recommendations on the socio-economic status of women, and the Committee requests information on any developments in this regard.

10. Conditions in special industrial and export processing zones. In its previous comments, the Committee noted that the question of excluding the newly established special industrial zones (SIZs) from the application of labour legislation was being examined by the tripartite Task Force. The Committee also referred to the situation in export processing zones (EPZs), which are not covered by labour legislation but where non-compulsory minimum social legislation applies, but this does not include guarantees against discrimination. The Government states that the recommendations of the tripartite Task Force concerning SIZs are being considered by the Cabinet Committee. The Committee notes, however, that while the Government provided information concerning the Karachi EPZ, the only one to have been established so far, no information was provided concerning the application of the principle of non-discrimination in that zone, which comprises 6,000 workers, of whom 80 per cent are women. Accordingly, the Committee again requests the Government to state the manner in which it ensures the application of the Convention in these zones.

11. In view of the long-standing dialogue on the application of the Convention, the Committee suggests that the Government give consideration to receiving technical assistance from the Office.