Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Pakistan (Ratification: 1952)

1. The Committee notes the comments made by the All Pakistan Federation of Trade Unions (APFTU) on the application of the Convention which were forwarded to the Government in June 2005. The APFTU states that agencies are allowed to charge fees for recruitment abroad and that some of them are involved in human trafficking. The Committee invites the Government to reply to the said comments (Article 5, paragraph 2(d), of the Convention).

2. In addition, the Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 1999 observation which read as follows:

Part II of the Convention. 1. The Committee recalls that it had in particular requested the Government to give details of the measures taken with a view to adopting the draft Rules under the Fee-Charging Employment Agencies (Regulation) Act, 1976, to which the Government had referred for many years, so as to undertake the abolition of fee-charging employment agencies "within a limited period of time", but not "until a public employment service is established", in accordance with Article 3 of the Convention. The Committee urges the Government to take the necessary measures in the near future and to report on the progress towards achieving adoption of the Rules.

2. The Committee noted the information regarding measures taken to supervise overseas employment promoters under the Emigration Ordinance of 1979 and rules there under. It noted that a license was issued to these agencies for an initial period of three years, then renewed for periods which vary depending on the way in which the agencies operate. The Committee recalls that, under Article 5, paragraph 2(b), of the Convention, these agencies are required to be in possession of a yearly licence renewable at the discretion of the competent authority. It asks the Government to indicate in its next report the measures taken or envisaged to give full effect to this provision of the Convention in respect of overseas employment promoters.

3. The Committee noted the information regarding penalties imposed on overseas employment promoters following contraventions. It asks the Government to continue to supply such information and also to include the information required under Article 9 of the Convention on the number of these agencies, as well as on the nature and volume of their activities. Please supply all available information on the application of the Convention in practice (Part V of the report form).

3. Finally, the Committee recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998).

[The Government is asked to reply in detail to the present comments in 2006.]