Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that, according to the National Census (2018) conducted by the Pakistan Bureau of Statistics, the population in the Federally Administered Tribal Areas (FATA) stands at 5 million, with an annual growth rate of 2.41 per cent. The Government indicates that the population has grown by 57 per cent over the last 19 years despite the fact that most residents of FATA have moved to other areas because of the military operations against militants in the region. The Committee requests the Government to provide more detailed information on the distribution of tribal populations among different regions according to the 2018 National Census or any other study undertaken in this regard.

Articles 2, 3 and 5. Coordinated and systematic action for the protection of tribal populations. Improvement of economic and social conditions. Collaboration. In its previous comments, the Committee noted the Government’s indication that it was committed to improve the situation of tribal peoples, but that the conflict situation and the lack of law and order in the tribal areas were a major impediment to promote development in these regions. The Committee expressed the hope that the Government would be able to restore law and order in the tribal areas and requested it to take measures to ensure that tribal peoples benefit on an equal footing from the rights which national laws and regulations grant to the other parts of the population.

The Government refers to the adoption of the Constitution (25th Amendment) Act of 5 June 2018. It indicates that the purpose of this Act was to merge FATA with the neighbouring province of Khyber Pakhtunkhwa in order to extend the application of national laws and provincial regulations to these areas, including through their inclusion into a comprehensive system of judicial and police administration. The Committee notes that the 2018 constitutional amendment requires that the Provincially Administered Tribal Areas (PATA), indicated under article 246(b)(i) of the Constitution, merge with the province of Khyber Pakhtunkhwa; and that the PATA enlisted under 246(b)(ii) merge with the province of Balochistan. It further notes that, as a consequence of these changes in the administration of tribal areas, the constitutional rules for the distribution of seats in the National Assembly have been modified, including the elimination of FATA’s allocated seats and the increase in the number of seats reserved for Khyber Pakhtunkhwa.

The Government indicates that the initiative for FATA reforms was prompted in September 2015 by the FATA members of the Parliament, and that a six member FATA Reforms Committee was set up which was tasked with identifying viable options for the future of the FATA region. The Government’s reform plan sets up a five-year period for the legal and administrative integration and synchronization of various departments of FATA within Khyber Pakhtunkhwa. The Government considers that the merger of FATA in the Khyber Pakhtunkhwa region will bring more peace, security and prosperity for the people of the tribal areas and that an economic uplift programme to repair the damage suffered with the conflict and to reduce poverty will be crucial. It underlines that under the proposed reform package, the people of FATA will get basic human and development assistance to help eradicate the decades of deprivation among the FATA residents.

The Committee notes that, in its concluding observations of 20 July 2017, the United Nations Committee on Economic, Social and Cultural Rights expressed concern at the continuing terrorist attacks on students, teachers and schools, particularly in the FATA and Balochistan (E/C.12/PAK/CO/1, paragraph 79(h)). It also notes that, according to the 22nd report of the UN Analytical Support and Sanctions Monitoring Team of 27 June 2018 to the Security Council Committee, extensive counter-terrorist operations in Pakistan are reported to have led to a reduction in the number of terrorists and terrorist training facilities, and in the quantity of locally available explosive material in the FATA (S/2018/705, paragraph 60).

The Committee expresses the hope that the new framework for the administration of tribal areas, introduced by the 2018 Constitution (25th Amendment) Act, contributes to the Government’s efforts to restore law and order in areas inhabited by tribal populations, which have suffered the consequences of the conflict situation and have not been fully covered by the national legislative and institutional frameworks. The Committee requests the Government to intensify its efforts to ensure respect for the institutions, persons, property and labour rights of the populations concerned, including through the adoption of measures aimed at supporting displaced tribal populations that wish to return to the lands previously occupied by them. It requests the Government to provide detailed information on the measures taken to establish a coordinated and systematic action to improve the socio-economic conditions of tribal populations and to enable them to benefit on an equal footing from the rights and opportunities granted to the rest of the national community. Please provide information on the adoption of development plans or programmes for these areas, indicating in which manner representatives of tribal populations have collaborated in the design and implementation of these programmes. The Committee also requests the Government to provide information on how the collaboration and involvement of tribal populations is encouraged in the development and strengthening of institutions at the provincial and national levels, as well as their participation in elective institutions, following the merge of the FATA and PATA with Khyber Pakhtunkhwa and Balochistan provinces.

Articles 6 and 21. Education. In reply to previous comments made by the Committee in relation to the low literacy rates in tribal areas, the Government lists different measures that have been taken to facilitate access to primary, middle and secondary schools for members of tribal populations, giving priority to the establishment of female schools in communities where gender gaps are wide. The Committee notes that the Government has launched campaigns and set up education reforms committees (Taleem-i-Islahi Jirga) to promote positive parental attitude regarding female education. Incentives have been provided in the poorest areas to reach a minimum target of female students at middle level. The Government indicates its intention to utilize the services of private schools to increase students’ enrolment within an established Public–Private Partnership Framework. It adds that the number of reserved places for FATA students was doubled and the number of seats in private and public sector universities and professional colleges was increased to 1,947. The Committee requests the Government to continue to provide information on the measures adopted to provide the populations concerned with the opportunity to access education at all levels, including measures to reduce the disparities between girls and boys in schools, and to indicate the impact of such measures. Please provide updated disaggregated statistical data on literacy rates among members of tribal populations, number of teachers and children enrolled in schools in tribal areas, and the regions in which the schools operate.

Articles 11 and 12. Lands. In previous comments, the Committee requested specific information on the manner in which tribal populations are consulted before undertaking exploration and exploitation of natural resources located in their traditionally occupied lands. The Government indicates that, as regards exploration of mineral resources, the Minerals Directorate, FATA Secretariat implements a process for grating licenses which requires that the application of any interested persons or company be forwarded to the Deputy Commissioner Tribal Districts. In light of the constitutional amendments adopted in 2018, the Committee requests the Government to provide detailed information on the mechanisms established to involve tribal populations in decision-making concerning exploration and exploitation of natural resources located in their lands, including examples of their practical application. Please also indicate whether, and in what cases, the concerned populations may be removed from their territories, as an exceptional measure, specifying the applicable legal framework and the type of compensation to be paid.

Article 15. Labour protection. The Government indicates that as a consequence of the 2018 constitutional amendment, laws and regulations relating to labour rights, including the right to freedom of association and collective bargaining, will be extended to the merged tribal districts. The Committee hopes that the Government will take appropriate measures to ensure the effective implementation of the national and provincial labour legislation to the tribal areas. The Committee also requests the Government to provide information on the policies and programmes adopted to ensure effective protection of members of tribal populations with regard to recruitment and conditions of employment, as well on the functioning of the labour inspectorate in tribal areas.