Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes that the Government’s brief report contains very little information concerning the issues raised by the Committee in its previous observation. The Committee requests the Government to ensure that its next report provides full information on all the pending issues, as set out below.

2. Export processing zones (EPZs) and special industrial zones (SIZs). The Committee recalls that it has been commenting for a number of years on the need to adopt appropriate labour laws applicable to EPZs and SIZs which protect workers in these zones from discrimination. Noting that the report contains no information concerning this matter, the Committee urges the Government to ensure that workers in EPZs and SIZs are protected against discrimination. The Committee reiterates its request to the Government to provide information in its next report on any progress made in the preparation of the labour legislation applicable to EPZs and SIZs and the measures taken to ensure that it will reflect fully the principles and objectives of the Convention.

3. Discrimination on the basis of sex. The concerns expressed by the Committee regarding women’s equality of opportunity and treatment in employment and occupation in its previous observations related to the low literacy rate among women, the low school enrolment rates of girls and the high incidence of girls dropping out of school before completing primary education, particularly in rural areas, as well as the segregation in training and employment between men and women. The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 June 2007, also expressed concerns over the continuing low representation of women in government service, including the judiciary, and the discrimination faced by women in the formal labour market, as reflected in their high unemployment rates, the gender wage gap and occupational segregation. It was also concerned that women in the informal economy, e.g. homeworkers, lacked protection under the labour laws and recommended ratification of the Home Work Convention, 1996 (No. 177) (CEDAW/C/PAK/CO/3, 11 June 2007, paragraphs 32, 36 and 38). Recalling that the elimination of discrimination against women and ensuring their equal employment opportunities are objectives under the Government’s Labour Policy 2006 and an objective of the Decent Work Country Programme, the Committee requests the Government to provide information on the following:

(a)   the specific measures taken or envisaged to promote women’s equal employment opportunities and to eliminate discrimination on the basis of sex, including measures taken in the context of the ILO technical cooperation project “Women’s employment concerns and working conditions”, as well as any relevant activities of the National Commission on the Status of Women;

(b)   the measures taken to increase the participation of girls and women in education, particularly in rural areas, and on action taken to change social attitudes that prevent them from enjoying their equal rights to education;

(c)   detailed statistical information on the labour force participation of women and men, both in the public and private sectors, as well as on the level of participation of men and women in various fields of education and training;

(d)   indications concerning measures taken to provide labour protection to women in the informal economy, including whether any consideration is being given to ratifying Convention No. 177.

4. The Committee notes that no information has been provided in reply to the Committee’s previous comments concerning the issue of sexual harassment. However, the Committee notes that the Government in its most recent report under the Convention on the Elimination of All Forms of Discrimination against Women referred to several studies indicating that sexual harassment appears to be widespread. The Government also indicated that the Ministry of Women’s Development had initiated work on a code of conduct for gender justice which aims at creating a working environment free from sexual harassment (CEDAW/C/PAK/1-3, 3 August 2005, paragraphs 539 and 542). The Committee urges the Government to take measures to prohibit and prevent sexual harassment at work, in law and in practice, and to keep it informed in this regard. In particular, the Committee reiterates its request to the Government to provide information on the steps taken with a view to preparing and adopting the code of conduct on sexual harassment.

5. Discrimination on the basis of other grounds. Recalling its previous comments concerning the need to ensure that the national policy to promote equality of opportunity and treatment required under Article 2 of the Convention addresses discrimination on all the grounds specified in the Convention, the Committee notes that the Government merely indicates, as it had already in previous reports, that a special quota system for the employment of minorities and a National Commission for Minorities had been established. The Committee notes that on the basis of the information currently at its disposal, it is not in a position to assess how the Convention is applied in Pakistan with a view to promoting equal opportunities of members of minority groups, such as religious minorities, and in tribal areas. The Committee, therefore, urges the Government to provide more detailed information on the operation of the quota system to which it has been referring and its impact on the employment situation of minorities. The Government is also requested to provide information on any other schemes or programmes promoting their equality of opportunity and treatment in employment and occupation, including action taken by the National Commission for Minorities in this regard. Please also provide statistical information indicating to what extent members of the various minorities participate in private and public sector employment.

6. The Committee also recalls its long-standing comments concerning the impact of certain provisions of the Penal Code (sections 295C, 298B and 298C) on the employment and occupation of members of certain religious minority groups, as well as the discussions of the ILO Conference Committee on the Application of Standards on this matter. The Committee recalls that sections 298B and 298C of the Penal Code establish sentences of imprisonment for up to three years for any members of the Quadiani and Lahori groups (which refer to themselves as Ahmadis) who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. The Committee also recalls that in order to obtain a passport, a declaration is required to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee considers that these measures are unacceptable as their application necessarily impairs the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities. In its report, the Government states that the laws concerned had been passed by Parliament and that non-Muslims such as the Quadiani and Lahori enjoyed their civil rights to the same extent as Muslims. While noting this statement, the Committee is bound to again strongly urge the Government to take the necessary steps to review these measures, and to keep the Committee informed of any action taken in this regard.