Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislation. Prohibition of discrimination. The Committee had previously recalled the importance of adopting non-discrimination and equality legislation in order to give effect to the Convention, and that constitutional protection alone, while being important, may not be sufficient in terms of granting effective protection against discrimination in employment and occupation. The Committee had also asked the Government to provide information on the measures taken with a view to including provisions on non-discrimination and equality in employment and occupation in the draft Employment and Service Conditions Act. The Committee notes the Government’s indication that the draft Employment and Service Conditions Act will be sent to the provinces for consideration. It also notes the Government’s continued reference to the Constitution of Pakistan, that all citizens have equal opportunities in private and public employment, and that the provisions of the law are fully implemented. The Government again states that there is no complaint on record from any industrial or commercial undertaking regarding discrimination in employment and occupation. The Committee recalls that for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination thus continuous action is required to address it and that the absence of complaints of discrimination is not an indication of an absence of discrimination but rather may be a reflection of the absence of an appropriate legal framework. It also recalls that the Convention aims at the protection against discrimination in employment and occupation of all workers, both citizens and non-citizens. The Committee asks the Government to take steps to ensure that the Employment and Service Conditions Act includes provisions expressly defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, for all workers, on at least all the grounds set out in Article 1(1)(a) of the Convention. It also asks the Government to continue to provide information on any progress made in the adoption of the draft Employment and Service Conditions Act, and to provide a copy of the Act as soon as it is adopted.

Equality of opportunity and treatment between men and women. The Committee recalls its previous request for information concerning the National Gender Reform Plan, which according to the Government provides for measures to increase women’s employment in the public sector, and the 10 per cent quota system in government employment at the federal level. It notes that the Government’s report does not contain any detailed information in this regard. The Committee once again requests the Government to provide more detailed information on the implementation of the public sector quota system, including statistical information on the distribution of men and women in the different government departments, jobs and positions.

The Committee notes that according to the Labour Force Survey 2010–11 the labour force participation rate (refined) was 68.7 per cent for men and 21.7 per cent for women (70 per cent for men and 27.6 per cent for women in the rural area; and 66.4 per cent for men and 10.7 per cent for women in the urban area). The Committee notes that the gender differential as regards labour force participation continues to be high, both in the rural area and the urban area. With regard to the employment status of men and women, the Committee notes that the percentage of women in the category of unpaid family workers remains high in 2010–11 (63.4 per cent). Women remain concentrated in unskilled elementary occupations or craft and related trade work. In this context, the Committee notes the observations by the Pakistan Workers Federation (PWF) in their communication dated 30 July 2010 stressing the need for measures to enable women to move from the informal to the formal economy, including extending social security and minimum wages, and training and education for rural women. The Government reiterates in general terms that the labour standard is implemented equally for all workers without any discrimination based on sex and that all citizens without any discrimination have equal access to employment in a factory and to vocational training institutions. The Committee asks the Government to provide detailed information on the specific measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation in the public sector, and the specific measures taken to enable women to move from the informal to the formal economy, as well as statistical information indicating the progress made in enhancing their participation in the labour market both in rural and urban areas. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupation, it also asks the Government to provide information on any measures taken or envisaged to promote equal access of women and girls to education and training at all levels, including in the context of the National Education Policy, as well as up-to-date statistical information in this regard.

Sexual harassment. The Committee recalls its previous request for information on the effective implementation of the Protection against Harassment of Women at the Workplace Act, 2010. It also recalls the observations by the PWF referring to some shortcomings in the implementation of this Act. The Government replies that committees are to be established at the workplace to implement the Act. The Committee notes that the preamble to this Act refers to the protection of women from harassment at the workplace, while the definition of “complainant” means a woman or man who has being aggrieved by an act of harassment (section 2). The Committee asks the Government to provide information on any measures taken or envisaged under the Protection against Harassment of Women at the Workplace Act so as to protect men and women equally against sexual harassment. It also asks the Government to provide information on the practical application of the Act, including the number and nature of workplace committees established, and its impact on preventing and addressing sexual harassment. Please also provide information on the number of complaints lodged with the Ombudsperson or with the Inquiry Committee, pursuant to section 8 of the Act, as well as the remedies provided and sanctions imposed. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the public and private sectors.

Discrimination against minorities. The Committee recalls that the 5 per cent quota for employment of minorities in federal government employment according to the Cabinet decision of 20 May 2009, is to apply to any person who is “a non-Muslim” as defined in article 260(3)(b) of the Constitution, which includes a person belonging to any of the Scheduled Castes. It notes that the Government does not provide any further details on the progress made in implementing the 5 per cent quota. The Committee once again asks the Government to provide information on the progress made in implementing the quota for employment of minorities including those belonging to any of the Scheduled Castes in federal government employment, including statistical information on the number of minority members employed, disaggregated by sex and minority group, and according to government departments, jobs and positions. The Committee also asks the Government to provide information detailing who is considered to belong to the Scheduled Castes, including whether they are non-Muslim.

The Committee had asked the Government to provide information on any developments with regard to the reconstitution of the National Commission for Minorities. It notes that the Government’s report does not contain any information in this regard. The Committee therefore once again asks the Government to provide information on any developments with regard to the reconstitution of the National Commission for Minorities. It also asks the Government to continue to provide information on the implementation of schemes and programmes to promote and ensure equality of opportunity and treatment for minorities in training and education, and also to provide information on any other measures taken to promote access of minorities to employment and occupation, including self-employment.

Discrimination based on social origin. In its previous comments, the Committee had recommended that a prohibition of discrimination based on social origin, including caste, be included in the legislation. The Committee notes the Government’s general statement that the Constitution ensures equal rights to all citizens including minorities, and persons belonging to different castes and social origin. Recalling the persistent de facto segregation and discrimination against Dalits, and the need to take effective measures toward the elimination of such discrimination in employment and occupation, the Committee asks the Government to take measures to promote and ensure non-discrimination and equality of opportunity and treatment in employment and occupation, irrespective of social origin, including caste, through legislation and other appropriate measures, and to provide specific information in this regard.

Discrimination based on religion. The Committee recalls that the ILO supervisory bodies have expressed concern for many years over the impact of the discriminatory legal provisions and administrative measures on the enjoyment of equality of opportunity and treatment in employment and occupation of religious minorities, in particular the members of the Ahmadi minority. It recalls certain provisions of the Penal Code relating to offences relating to religion (“blasphemy laws”); in particular, section 298C of the Penal Code singles out the members of the Ahmadi minority. It also recalls that Muslims applying for a Pakistani passport must sign a declaration to the effect that the founder of the Ahmadi movement is an impostor, which is designed to prevent members of this movement from obtaining passports identifying them as Muslims. The Committee notes with regret that the Government does not provide any information in response to the Committee’s previous requests concerning the necessary steps to review the discriminatory legal provisions and administrative measures. The Committee urges the Government to take decisive action to review and amend the discriminatory legal provisions and administrative measures, and to actively promote respect and tolerance for religious minorities, including the Ahmadi, and to provide information on any progress made in this regard. It also asks the Government to provide information on the employment situation of religious minorities, including those defined in section 260(3)(b) of the Constitution as “a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who calls themselves “Ahmadis” or by any other name, or a Bahai”. It further asks the Government to provide information on any other measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation for religious minorities, including the implementation of the 5 per cent quota for employment of minorities in federal government employment.

The Committee is raising other points in a request addressed directly to the Government.