Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 2 and 15 of the Convention. Measures to enable the tribal population to benefit on an equal footing from the rights granted by national laws and regulations. The Committee refers to its 2013 observation and notes the information provided by the Government in August 2013 indicating that the size of the indigenous population covered by the Convention is approximately 4,016,000 persons (Article 1 of the Convention). The Government indicates in its report that it is committed to improving the situation of indigenous peoples. It adds that, however, a major obstacle is the lack of law and order in the tribal areas. The Committee further notes the Government’s indications that due to unlawful activities of the Taliban, the normal course of development has been hindered as infrastructure, such as schools, hospitals and roads, is being destroyed. The Government indicates that coordinated and systematic efforts are being made to provide an enabling environment to the tribal population in order for them to benefit from the laws and policies at the national level. In order to involve people in decision-making and good governance, the establishment of the Federally Administered Tribal Areas (FATA) Local Government is under active consideration by the Government. The establishment of local bodies will provide the tribal population with an involvement in local politics and will contribute to the process of development. The Government indicates that a number of laws have been extended to FATA, including the Right to Free and Compulsory Education Act, 2012. In reply to the previous comments with respect to extending the protection of national laws and regulations to workers in tribal areas, the Government indicates that the matter will be discussed between the tripartite partners and the outcome of the consultation will be materialized in the shape of government action and measures when the situation improves in the tribal areas. The Committee requests the Government to continue to provide information on the measures taken to enable the tribal population and workers in the tribal area to benefit on an equal footing from the rights which national laws and regulations grant to the other parts of the population. Please 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 previously noted from the FATA Sustainable Development Plan (SDP) 2006–15 that only 17 per cent of the population in the FATA is literate, with literacy among women being as low as 3 per cent (2006 baseline). The Committee notes the statistics related to education provided by the Government on the number of institutions, students and teachers. The Government indicates that efforts are under way in the tribal areas to promote literacy and technical education through effective measures, such as the construction of schools, the provision of missing facilities in established schools and the appointment of teachers. It adds that it has decided to double the reserved places for FATA students in the universities, technical and professional colleges of the other provinces. The Committee invites the Government to continue to provide detailed information on the implementation of the measures taken with a view to ensuring access of girls and boys in the tribal areas to education. It also invites the Government to include updated information on the literacy rates against the 2006 baseline. Please also include information on the number of students that have benefited from grants or reserved places.

Article 11. Land. In reply to the previous comments, the Government indicates that the exploration and exploitation of natural resources does not take place due to the lack of law and order in the tribal areas. The Committee once again requests the Government to provide specific information on the methods that would be used to obtain the agreement of the tribal groups when consideration is given to the exploration and exploitation of natural resources on their lands.