Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information provided in the Government’s report, as well as the observations made by the Federal Organization for Banks and Financial Institutions Employees (FOBFIE). The Committee further notes the conclusions and recommendations made by the Committee on Freedom of Association in Case No. 2006 (see 323rd Report, paragraphs 408-430, approved by the Governing Body in November 2000).

The Committee notes with satisfaction from the information supplied with the Government’s report and the conclusions of the Committee on Freedom of Association that the ban on trade union activities in the Pakistan Water and Power Development Authority (WAPDA) has now been lifted. The Committee further notes from the report of the Committee on Freedom of Association that the ban on trade union activities in the Karachi Electric Supply Corporation (KESC) was to continue until 31 October 2000 and requests the Government to confirm in its next report that this ban has indeed been lifted and that the Presidential Ordinance No. VIII of 1999 which appeared to exclude workers at KESC from the purview of the 1969 Industrial Relations Ordinance has been repealed.

The Committee recalls that the other points which it has been addressing for many years concern the following serious discrepancies between the national legislation and the provisions of the Convention: denial of the rights guaranteed by the Convention to workers in export processing zones; the exclusion from the Industrial Relations Ordinance of public servants of grade 16 and above, and of forestry, railway and hospital workers; denial of the right to strike for civil aviation employees and employees of the Pakistan Television and Broadcasting Corporations, as well as other services not considered to be essential in the strict sense of the term, such as postal services and railways; restrictions on membership to bank unions and on their officers, and finally, a penalty of up to seven years’ imprisonment for the creation of civil commotion, including illegal strikes, under the Anti-Terrorism Act of 1997.

As regards export processing zones (EPZs), the Committee notes with interest the indication in the Government’s latest report that the exemption of EPZs from the application of the labour laws is likely to be lifted by the end of the year 2000 and that a separate set of rules will be framed that will be in consonance with the ILO Conventions ratified by Pakistan. The Committee hopes that the Government will be able to indicate in its next report the progress made in ensuring the rights guaranteed by this Convention to workers in EPZs and invites it to consider accepting the technical assistance of the Office in this regard.

The Committee notes with regret, however, that, with the exception of the abovementioned developments in respect of export processing zones and certain indications concerning civil aviation employees and employees of Pakistan Television and Broadcasting Corporations (PTV and PBC), the Government practically reiterates the same arguments it has been making for many years and that serious discrepancies continue to exist between the national legislation and the Convention on the issues mentioned above.

In respect of the information provided in the Government’s report concerning the right to strike for employees in civil aviation and at PTV and PBC, the Committee requests the Government to provide further information in its next report concerning the establishment of minimum services at the PBC and to indicate any further developments enabling civil aviation and PTV employees to carry out industrial action without penalty.

Finally, the Committee notes the observations made by the Federal Organization for Banks and Financial Institutions Employees (FOBFIE) to the effect that banking companies are laying off their workers as a result of section 27-B of the Banking Companies’ Ordinance (which restricts the possibility of becoming a member or officer of a bank union only to employees of the bank in question, under penalty of up to three years’ imprisonment) in attempts to attack the trade unions in the banks. These attacks, according to the FOBFIE, have paralysed the trade unions and their cases in the superior courts for restoration have been pending for over three years now. In this respect, the Committee recalls its previous comments requesting the Government to give serious consideration to amend section 27-B so as to admit as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization. Such flexibility is particularly important in that it may help to avoid the types of regular dismissals aimed at weakening the trade union movement which are complained of above. The Committee requests the Government to reply to the observations made by the FOBFIE in its next report and to indicate the measures taken or envisaged to make this restriction more flexible along the lines indicated above.

As concerns the other points raised, the Committee is bound to refer to its previous detailed observations and urges the Government to amend its legislation accordingly in the very near future.

In addition, a request regarding certain points is being addressed directly to the Government.

[The Government is asked to report in detail in 2001.]