Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Pakistan (Ratification: 1960)

Articles 1(a) and (e) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views and as a means of religious discrimination. In its previous comments, the Committee observed that sections 10–13 of the Security of Pakistan Act 1952; sections 5, 26, 28 and 30 of the Press, Newspaper, News Agencies and Books Registration Ordinance 2002; section 32(2) and (3) of the Electronic Media Regulatory Authority Ordinance 2002; and sections 8 and 9 of the Anti-Terrorism Act 1997, provided for restrictions on the expression of political views and provided for penalties of imprisonment involving compulsory labour in cases of violations. The Committee also referred to sections 298B(1) and (2) and 298C of the Penal Code, inserted by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, No. XX of 1984, under which any person of these groups who uses Islamic epithets, nomenclature and titles is punishable with penalties of imprisonment (which may involve compulsory labour) for a term of up to three years. In this regard, the Committee noted the Government’s statement that, the Ministry of Overseas Pakistanis and Human Resources Development submitted a proposal to the Ministry of Law and Justice to consider bringing any breach of the civil and social rights and liberties beyond the purview of criminal punishment; to limit penalties for such breaches to fines or other sanctions that does not involve compulsory labour; and to confer a special status to prisoners convicted of political offences. The Committee therefore requested the Government to continue its efforts to bring the above-mentioned laws into conformity with the Convention in the near future, and requested the Government to provide information on any progress made in this regard.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee therefore urges the Government to take the necessary measures to amend the above-mentioned provisions, either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on any progress made in this regard.

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