Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1 of the Convention. Coverage. The Committee notes the Government’s statement that in Pakistan the term “tribal people” has been used to describe both the indigenous and tribal populations. The Committee requests the Government to provide updated information on the size of the groups which the Government considers to be covered by the Convention (census data or estimates).

Article 2. Measures to enable the tribal population to benefit on an equal footing from the rights granted by national laws and regulations. Recalling its previous comments regarding the extension of the labour legislation and the Bonded Labour System (Abolition) Act, 1992, the Committee notes the Government’s statement that its efforts to bring the tribal areas into the mainstream of Pakistani society, will eventually lead to the application of the labour laws in these areas. However, due to the relatively small number of workers employed in industry and because no demands in this regard were made by the local population, the Government is not considering extension of the labour legislation at this stage. The Committee notes that according to the FATA Sustainable Development Plan 2006–15 (SDP) 1,082 private sector industrial units operate in FATA employing some 10,000 workers, most of them unskilled. In this context, the Committee also notes that under the SPD one of the Government’s objectives is further industrialization, including through creating a legal framework for the protection of investment. The Committee recalls that the Government’s obligation under Article 2 to take measures to enable the populations concerned to benefit from the rights granted by national laws and regulations on an equal footing with other parts of the population. In addition, Article 15 requires the Government to take special measures to protect the workers in the areas as regards recruitment and conditions of work, as long as they do not benefit from the protection of the legislation applicable to workers generally. Accordingly, the Committee requests the Government to take the measures necessary to enable workers in the tribal areas to benefit on an equal footing from the rights which national laws and regulations grant to the other parts of the population. The Committee asks the Government to provide information on the measures taken to this end, including any further developments as regards the extension of the labour legislation, as well as information on the special measures as envisaged under Article 15.

Article 21. Education. The Committee notes from the SPD that in FATA only 17 per cent of the population is literate, with literacy among women being as low as 3 per cent (2006 baseline). The Committee notes that according to the Government’s report resource allocations for education in FATA have increased and the Government is promoting access to education and training through the construction and rehabilitation of schools, teacher training and through grants and admission quotas. The SDP also refers to positive measures to address the low enrolment rate of girls, such as providing transportation and stipends for them, as well as creating incentives for attracting female teachers. The Committee requests the Government to provide detailed information on the implementation of the measures taken under the SDP with a view to ensuring access of girls and boys to education, and information on the results achieved against the 2006 baseline. The Committee also asks the Government to continue to provide information on the number of students that have benefited from grants or reserved places.

Article 11. Land. The Committee notes the Government’s indication that land in tribal areas is considered to be the property of the tribes who divide it amongst their members, hold land records and deal with land disputes. However, as indicated in the SDP, the State owns all mineral resources. Mining activities require a non-objection certificate from the Government and an agreement of the tribal group resident in the area (SDP, page 110). The Committee requests the Government to provide information on the methods used to obtain the agreement of the tribal groups when consideration is given to exploration and exploitation of natural resource on their lands.