Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Pakistan (Ratification: 1960)

The Committee notes that the Government’s report has not been received. It also notes that the All Pakistan Federation of Trade Unions submitted comments on the application of this Convention, which were communicated to the Government on 5 September 2003, but on which the Government has not so far made any comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s brief report refers to its annual report on the Convention for the period 1 July 1995 to 30 June 1996, which is identical to its prior two reports.

1. Article 2 of the Convention. The Committee notes that the last information received on the activities carried out through the development programme for the Federally Administered Tribal Areas (FATAs) related to the period ending in 1994. Accordingly, the Committee would be grateful if the Government would provide information in its next report on the nature of the development activities now being carried out in the different tribal areas, including statistical data on the number of tribal people benefited by these programmes, and the progress achieved since 1994 in promoting the social, economic and cultural development of these populations and raising their standard of living.

2. The Committee notes that, once again, no information was supplied in the report concerning development programmes in the Provincially Administered Tribal Areas (PATAs). The Committee is therefore repeating its request for information on the development activities in the PATAs, particularly on those being implemented in Baluchistan.

3. Article 3. The Committee notes from the report that no special measures have been adopted by the Government to extend the national legislation to the tribal areas, within the meaning of Article 3. In this regard, the Committee notes the Government’s indication that tribal areas have their own specific rules and regulations and that all matters are decided under the Jirga system prevalent in those areas. The Committee requests the Government to supply concrete information on the rules and regulations mentioned, including copies of any texts available.

4. Article 5. The Committee notes the Government’s statement, repeated from previous reports, that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. The Committee reiterates its request that the Government indicate whether any machinery or specific procedures have been established for purposes of facilitating the collaboration and consultation mentioned.

5. Referring to its previous comments concerning the Members of the National Assembly and Senators elected to represent the tribal populations, the Committee repeats its request that the Government indicate whether any of those representatives belong to the tribal populations.

6. Article 7. The Committee notes the Government’s indication that no information has been received from the areas concerned regarding the application of the Bonded Labour System (Abolition) Act, No. III of 1992, or its extension to the tribal areas. The Government is requested to indicate the bodies charged with implementation of the Act, as well as to supply concrete information on the manner in which its application is supervised and enforced. Recalling that members of tribal populations are particularly vulnerable to the abuses that the Act is intended to eliminate, the Committee again requests the Government to supply information on its extension to and enforcement in the tribal areas.

7. Articles 11 to 14. The Committee notes the Government’s statement that there are no instances of tribal people being displaced from their lands due to the execution of public works or other development projects.

8. Article 15. Referring to its previous comments on the supervision of working conditions in tribal areas, the Committee notes that it has been requesting information on this point since 1988. It once again repeats its request that the Government supply concrete and detailed information, in its next report, on the manner in which working conditions are monitored in the tribal areas and the number of labour inspection visits carried out in those areas during the reporting period. The Government is also requested to provide specific information on the labour legislation applicable to the tribal areas.

9. Articles 21 to 26. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.