Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Pakistan Workers’ Federation (PWF) received on 19 October 2017, referring to the acts of discrimination based on political opinion against dissidents of the ruling party and cases of discrimination in education, employment and occupation. The Committee observes that the PWF refers to points previously raised by the Committee and requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

The Committee notes the observations by the Pakistan Workers Confederation (PWC), received on 10 November, 2013, concerning discrimination against women, who concentrate mainly in the informal sector and the lack of enforcement of labour legislation.

Article 1 of the Convention. Legislation. Prohibition of discrimination. The Committee notes the 18th constitutional amendment, which devolved the power to enact laws related to labour from the federal Parliament to the provincial governments. It further notes that existing federal laws remain in force until provincial laws are enacted and that a tripartite consultation committee has been established at the federal level to facilitate the implementation of the Convention by provincial governments and that the drafting of the Employment and Service Conditions Act has been concluded at the federal level and sent for consideration to the provincial governments. The Committee notes the series of legislation adopted by the Khyber Pakhtunkhwa Provincial Government in 2013 that prohibit discrimination on the basis of different grounds. In this regard, the Committee notes with interest that the ground of caste has been included in the list of prohibited grounds of discrimination by this province. The Committee notes, however, that political opinion and national extraction are not included as prohibited grounds of discrimination. It is not clear either if the legislation applies to all aspects of employment, namely vocational training, access to employment and to particular occupations, and terms and conditions of employment as provided for in Article 1(3) of the Convention. The Committee highlights that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey on the fundamental Conventions, 2012, paragraph 743). The Committee requests the Government to take the necessary measures to ensure, including through the tripartite consultation committee established at the federal level, that all new labour laws adopted by the provinces include provisions expressly defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, for all workers, on all the grounds set out in Article 1(1)(a) of the Convention including political opinion and national extraction. The Committee also requests information on any development in this regard.

Sexual harassment. The Committee notes the Government’s indication that in the framework of the implementation of the Harassment at the Workplace Act (2010), ombudspersons have been appointed at both federal and provincial levels and that Women Development Departments are responsible for awareness-raising programmes. The Committee further notes the enactment by the Government of Punjab of the Punjab Protection Against Harassment of Women at the Workplace Act, 2012. The Committee requests the Government to provide information on the implementation of the Protection Against Harassment of Women at the Workplace Act (2010) and the Punjab Protection Against Harassment of Women at the Workplace Act, 2012 and any other relevant legislation adopted by the other provinces so as to protect men and women equally against sexual harassment. Finally, the Committee requests information on the number and nature of complaints lodged and the remedies provided and sanctions imposed, and asks the Government to provide more information regarding the content of public awareness campaigns on sexual harassment conducted by provincial Women Development Departments.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that according to the Labour Force Survey 2012–13, female participation in the Pakistan labour market remains low at 21.5 per cent of the total workforce, and that only 28.3 per cent of these women work in the formal sector. The Committee further notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women highlights the low participation of women in the formal sector, depriving women of access to social security and benefits (CEDAW/C/PAK/CO/4, of 1 March 2013, paragraph 29). In this regard, the Committee notes that the Provincial Government of Punjab has adopted the Punjab Fair Representation of Women Act of 2014, which includes measures such as quotas, to give fair and proportionate representation to women in workers’ bodies and public entities. The Punjab Women Empowerment Package of 2012 provides for measures such as a 10 per cent quota for public service employment, education in science and technology, and establishment of day care centres and transport facilities for female employees. Besides, the National Vocational and Technical Training Commission provides training to both men and women. The Committee also notes that the Government indicates that the Domestic Workers (Employment and Rights) Bill (2013) is under consideration by Parliament, and that the Sindh Industrial Relations Act (2012) has included agriculture and fisheries sectors into the formal economy in that province. The Committee requests the Government to provide more information, including statistics, on the impact of these measures in the participation of women in the labour market and their transfer from the informal to the formal economy. The Committee further requests the Government to continue to take specific measures to enhance the participation of women in the labour market. It also requests the Government to provide information on any development in the adoption of the Domestic Workers (Employment and Rights) Bill (2013).

Equality of opportunity and treatment in employment and occupation of minorities. The Committee recalls its previous requests to provide information on the progress made in implementing the quota for employment of minorities under Office Memorandum No. 4/15/94-R-2, dated 26 May 2009. The Committee notes the Government’s indication that the Punjab Province has implemented a 5 per cent quota for minority members in the public sector. The Government further indicates that similar provisions are being implemented in other provinces. The Committee requests the Government to provide information on the concrete impact of the quotas established at federal and provincial level on the employment of non-Muslim minorities. It requests that this information include statistical information on the number of minority workers employed, disaggregated by sex, sector and minority group. The Committee further requests the Government to provide information on measures taken by the federal tripartite committee to facilitate this process. Finally, the Committee requests the Government to provide information detailing who is considered to belong to the Scheduled Castes, including whether they are non-Muslim.

Discrimination based on social origin. The Committee recalls its previous comments regarding 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. In this regard, the Committee noted previously that some legal provisions adopted by the Khyber Pakhtunkhwa Provincial Government in 2013 prohibit discrimination based on caste. The Committee requests the Government to provide information on the impact of the prohibition of discrimination, including statistics disaggregated by caste and sex on the employment of Dalits in the Khyber Pakhtunkhwa Province. The Committee also requests the Government to provide information on other measures adopted by the federal Government and the provinces to prohibit discrimination against Dalits and promote their inclusion in the labour market, including through the federal tripartite committee.

Discrimination based on religion. The Committee recalls its comments expressing concern regarding section 298C of the Penal Code (“blasphemy laws”) that singles out members of the Ahmadi minority, as well as the practice of requiring Muslims applying for a Pakistani passport to sign a declaration to the effect that the founder of the Ahmadi movement is an impostor, which has the effect of denying the Ahmadi minority from obtaining passports identifying them as Muslims. The Committee notes in the Government’s report the general statement that laws in Pakistan do not discriminate against religious beliefs. The Committee urges the Government to take immediate steps to amend its 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. The Committee once again requests the Government to provide information on the access to employment situation of religious minorities, including those defined in section 260(3)(b) of the Constitution.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.