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

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

The Committee notes that the Government’s report has not been received. 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:

1. Article 2 of the Convention. Social and economic development. The Committee notes the comments made by the Employers’ Federation of Pakistan to the effect that the exploration of mines and oil and gas fields, as well as the setting up of cement industries contributed to the social uplifting of the tribal population. The Committee would appreciate receiving further information on these activities and on the way in which they contribute to the social and economic development of the local tribal population. Further, the Government is requested to indicate the manner in which respect for the provisions of Articles 5, 11 and 12 is ensured in this context.

2. Legislation applicable in tribal areas. The Committee notes from the 2003 Poverty Reduction Strategy Paper that there is an “increasing realization that the Federally Administered Tribal Areas (FATA) need to be integrated into the broader national stream”. The Committee asks the Government to indicate whether the implementation of this strategy also entails the extension of national legislation to tribal areas, and if so, how it is ensured that the provisions of the Convention are taken into account in this context. The Committee also reiterates its request to the Government to indicate (a) the labour legislation applicable to the tribal areas and to provide information on how it is being supervised; and (b) whether the Bonded Labour System (Abolition) Act, No. III of 1992, applies to these areas.

3. Article 5. Consultation and participation. The Committee recalls the Government’s previous indications 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. In the light of the recent development efforts mentioned in the Government’s report, the Committee requests the Government to indicate whether any machinery or specific procedures have been established for the purpose of facilitating collaboration and consultation of the tribal population. It also reiterates its request to the Government to provide further information on whether representatives of tribal populations participate in national elective institutions.

4. Article 15. Recruitment. The Committee notes that the Government’s report once again states that a quota has been reserved for employment of members of the tribal population in government services and organizations. The Committee requests the Government to provide more detailed information on the practical implementation of this quota system, including indications regarding the number of tribal people employed under it.

5. Articles 21–26. Education and means of communication. 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.

6. Article 27. Administration. The Committee notes that the 2003 Poverty Reduction Strategy Paper indicates that reinvigorating public institutions through restructuring government departments and law enforcement agencies will be one of the strategies to promote development in the FATA. The Committee requests the Government to provide information on the measures taken to implement this strategy and to indicate any changes made with a view to improving the planning, coordination and execution of measures for the social, economic and cultural development of the populations concerned.