Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation, which read as follows:

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Government refers in a report received in February 2006 to the operation of the Overseas Employment Corporation (OEC), which operates in the public sector and has been able, to date, to dispatch 125,000 Pakistanis in various professions for employment abroad. The OEC is utilizing modern techniques by striving to obtain maximum job opportunities for Pakistanis abroad. Foreign employers are required to ensure completion of the necessary documentation and to seek permission from the concerned Protector of Emigrants. Foreign employers initiate the process of recruitment by inviting applications from the general public, including interviews and tests. Neither regional nor provincial quotas are followed in the selection of workers. The Government also states that the Overseas Employment Promoters (OEPs) operate in the private sector and have established an association, that is, the Pakistan Overseas Employment Promoters’ Association (POEPA), along with provincial and regional heads. The POEPA deals with the issues and grievances confronted by the OEPs while processing the recruitment of Pakistanis for placement abroad. There exists a close liaison between POEPA and the Ministry of Labour, Manpower and Overseas Pakistanis to resolve issues and problems that are faced from time to time. The Ministry – under section 12 of the Emigration Ordinance, 1979 – has issued 2,265 licences – out of which 1,180 are actively functioning in the recruitment business.

2. In relation to the abolition of fee-charging employment agencies, as required by Part II of the Convention, the Government reiterates that draft rules have been framed to regulate the operation of fee-charging employment agencies. The Government also confirms that the policy of renewal of licences for OEPs is made for a period of one, two or three years. In relation to Article 9 of the Convention, the Government indicates that due to the economic conditions of Pakistan, levies have been established for migrant workers. Therefore, the Government is not in a position to adopt a policy of abolishing fee-charging employment services for migrant workers. It also adds that punitive action is taken against those OEPs that are involved in violations of the Emigration Ordinance, 1979, and Emigration Rules, 1979.

3. The Committee recalls 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 stated that agencies are allowed to charge fees for recruitment abroad and that some of them are involved in human trafficking.

4. The Committee also recalls that in 1977 it noted the enactment of the Fee-Charging Employment Agencies (Regulation) Act, 1976, which provided for the licensing of fee-charging employment agencies and empowered the public authorities to prohibit all or any fee-charging employment agencies in any area where a public employment service has been set up. According to section 1(3) of the Act, the Act would come into full force when the federal Government notified the same in the Official Gazette. The Committee has from time to time requested the Government to take the necessary steps to bring the Act into operation in order to achieve the aim of Part II of the Convention, that is the progressive abolition of fee-charging employment agencies conducted with a view to profit. Taking into account the lack of progress in achieving the abolition of fee-charging employment agencies, the Committee asks the Government to provide information in its next report on the following issues:

–      the measures taken to abolish fee-charging employment agencies, the numbers of public employment offices and the areas served by them (Article 3, paragraphs 1 and 2);

–      the measures taken to consult employers’ and workers’ organizations as regards the supervision of all fee-charging employment agencies (Article 4, paragraph 3);

–      with regard to overseas employment promoters, the measures taken to ensure that these agents may only benefit from a yearly licence renewable at the discretion of the competent authority (Article 5, paragraph 2(b)) and charge fees and expenses on a scale submitted to and approved by the competent authority (Article 5, paragraph 2(c)).

5. Revision of Convention No. 96 and protection of migrant workers. The Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration has been published by the ILO which includes non-binding principles and guidelines for a rights-based approach to labour migration. It provides particularly for the licensing and supervision of placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation (No. 188). Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. The ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur to ensure full application of the relevant international labour standards for the placing and recruitment of workers abroad (Article 5, paragraph 2(d), of the Convention).