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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2, 3 and 5 of the Convention. Coordinated and systematic action for the protection of tribal populations. Improvement of economic and social conditions. Collaboration. In its previous comments,the Committee took note of the Constitution (Twenty-Fifth Amendment) Act, 2018, which merged the Federal Administered Tribal Areas (FATA) and Provincially Administered Tribal Areas (PATA) into the provinces of Khyber Pakhtunkhwa (KP) and Balochistan. The Committee notes the Government’s indication that the merger of FATA with the KP province has brought the tribal areas under the control of the provincial government of KP, and that the people living in such areas are now enjoying their basic fundamental rights on equal footing with other citizens of Pakistan. It notes that, with a view to promoting development in the merged areas (former FATA regions), a Ten-year Development Plan in the form of a Tribal Decade Strategy 2020–2030 (TDS) was adopted. The TDS comprises five development pillars: building responsible and accountable institutions, enhancing human potential, expanding economic infrastructure, creating sustainable economic opportunities, and instituting sustainable resource management. The Government further indicates that a three-year Accelerated Implementation Programme (AIP), under the TDS, was adopted. In this regard, during the 2020–21 period, resources were allocated to boost the local economy, construct connectivity roads, and improve health and education facilities. In addition, the AIP aims to contribute to the improvement of the justice system in the merged areas, including through the establishment of courts, construction of a judicial complex and the installation of police stations. The Committee notes with interest the adoption of the Tribal Decade Strategy and the three-year Accelerated Implementation Programme. The Committee encourages the Government to continue taking measures to promote the social, economic, and cultural development of the tribal communities living in the merged tribal areas and requests it to indicate how such communities collaborate in the implementation of the Tribal Decade Strategy 2020-2030 and the three-year Accelerated Implementation Programme. It also requests the Government to continue to provide information on the results achieved through the three-year Accelerated Implementation Program as well as on any assessment of the implementation of the different development pillars of the Tribal Decade Strategy.

Article 6 and 21. Education. With regard to the measures aimed at facilitating access to education by members of the populations covered by the Convention, the Committee notes that the Government refers to: (i) reconsideration of the minimum size of eligible communities to establish schools in areas where no schools exist; (ii) provision of incentives to children in the poorest areas with wide gender gaps; (iii) involvement of communities through Taleem-i-Islahi Jirga (Education Reforms Committee) and iv) campaigns for positive parental attitude regarding female education. The Committee further notes that, in the period 2018–19, the Net Enrolment Rate (NER) in the province of KP (including the merged areas) for primary school (6- to 10-year-old children) was 64 per cent; and for middle school (11- to 13-year-old children) was 36 per cent. The Committee observes that, according to the TDS, the merged areas have the weakest access to education indicators of all the federating units of Pakistan, with low net and gross enrolment rates, a high number of out-of-school children, overcrowded classrooms, and high dropout rates. The Committee requests the Government to provide information on the results of the measures taken, including within the framework of the Tribal Decade Strategy 2020–2030, to improve access to education to children of the tribal populations living in the merged areas. In addition, the Committee requests the Government to provide updated statistical information on the school enrolment and completion rate among children belonging to tribal communities, when possible disaggregated by gender.

Articles 11 and 12. Lands. The Committee previously requested the Government to indicate how tribal populations are involved in decision-making concerning the use of their lands. The Committee notes that the Government refers in this regard to the Khyber Pakhtunkhwa Mines and Minerals Act, 2017, which contains special provisions pertaining to regulation of mineral resources in the merged districts and sub-divisions (Schedule VIII). According to paragraph 3 of Schedule VIII of the Act, priority for the grant of mineral titles shall be with the local community, who owns and possesses the land having mineral resources. In case any dispute arises between the stakeholders of mineral bearing area after the grant of mineral title, the matter shall be referred to a Dispute Resolution Committee for submission of its recommendations to the Mineral Titles Committee for consideration (paragraph 8). Furthermore, the Dispute Resolution Committee shall also recommend resolution of inter-tribal land disputes, facilitate demarcation and division of lands between sub-sections and clans as per their traditional Rewaj and settled principles of due shares (paragraph 9).Considering the merger of the Federal Administered Tribal Areas and Provincially Administered Tribal Areas into the provinces of Khyber Pakhtunkhwa and Balochistan, the Committee requests the Government to indicate how the rights of the tribal communities over their traditionally occupied lands are recognized and protected under this new scheme.The Committee also requests the Government to indicate if cases concerning tribal land disputes have been referred to the Dispute Resolution Committee, under the Khyber Pakhtunkhwa Mines and Minerals Act, 2017 and, if so, to provide information on the recommendations adopted by such Committee. Please also indicate the measures taken in cases where tribal populations are removed from their lands, as an exceptional measure.

Article 15. Labour protection. The Committee previously noted that, following the 2018 constitutional amendment, laws and regulations relating to labour rights, including the right to freedom of association and collective bargaining, have been extended to the merged tribal districts. The Committee notes that the Government indicates that the implementation of the extension of labour laws to merged tribal areas may take some time, as there was no official set up in such areas. The Labour Department has established seven offices in all the erstwhile tribal agencies. The Committee requests the Government to continue providing information on theimplementation of the national and provincial labour legislation to the merged tribal areas. In this regard, please provide information on the establishment of labour inspection offices and on any other measure to ensure the effective labour protection of workers belonging to tribal populations, including activities aimed at informing them about their labour rights.

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

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.

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

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.

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

Article 2 of the Convention. Coordinated and systematic action for the protection of the tribal population. The Committee notes the Government’s report received in August 2013 which includes information in relation to the previous comments. It also notes the observations made by the Pakistan Workers’ Federation (PWF) in a communication dated 30 July 2010, reiterating its comments of 21 September 2008, in which it highlights the need for further action by the Government to promote the welfare of the tribal population which continues to be affected by poverty and unemployment. 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 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 Committee previously noted that the conflict in Federally Administered Tribal Areas (FATA) had severely impacted on the implementation of the FATA Sustainable Development Plan (SDP) 2006–15. The Government indicates that various foreign funded projects are anchored in the FATA Development Programme and the FATA SDP and operate in accordance with the Post-Crisis Needs Assessment (PCNA). An integrated approach is pursued and intended to improve services while also increasing the transparency of the planning process and allowing the population to assert their right to public services. The Government’s report cites many national and international partners aiding to implement programmes in the tribal areas, such as staff of hospitals, schools and universities, communities, village elders, Jirgas, politicians, civil society representatives and development cooperation organizations (including the German Society for International Cooperation (GIZ)). The Committee hopes that the Government will be able to restore law and order in the tribal areas and invites the Government to provide in its next report detailed information on the results achieved in the implementation of the Sustainable Development Plan in the Federally Administered Tribal Areas. It also reiterates its request for information on the measures taken to apply the Convention to the population concerned in the Provincially Administered Tribal Areas (PATA) of the North-West Frontier Province (NWFP) and of Baluchistan.

The Committee is raising other points, including matters related to education in the tribal areas and the exploration and exploitation of natural resources, in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Coverage. The Committee notes the Government’s statement that in Pakistan the term “tribal people” has been used to describe both the indigenous and tribal populations. The Committee requests the Government to provide updated information on the size of the groups which the Government considers to be covered by the Convention (census data or estimates).

Article 2. Measures to enable the tribal population to benefit on an equal footing from the rights granted by national laws and regulations. Recalling its previous comments regarding the extension of the labour legislation and the Bonded Labour System (Abolition) Act, 1992, the Committee notes the Government’s statement that its efforts to bring the tribal areas into the mainstream of Pakistani society, will eventually lead to the application of the labour laws in these areas. However, due to the relatively small number of workers employed in industry and because no demands in this regard were made by the local population, the Government is not considering extension of the labour legislation at this stage. The Committee notes that according to the FATA Sustainable Development Plan 2006–15 (SDP) 1,082 private sector industrial units operate in FATA employing some 10,000 workers, most of them unskilled. In this context, the Committee also notes that under the SPD one of the Government’s objectives is further industrialization, including through creating a legal framework for the protection of investment. The Committee recalls that the Government’s obligation under Article 2 to take measures to enable the populations concerned to benefit from the rights granted by national laws and regulations on an equal footing with other parts of the population. In addition, Article 15 requires the Government to take special measures to protect the workers in the areas as regards recruitment and conditions of work, as long as they do not benefit from the protection of the legislation applicable to workers generally. Accordingly, the Committee requests the Government to take the measures necessary to enable workers in the tribal areas to benefit on an equal footing from the rights which national laws and regulations grant to the other parts of the population. The Committee asks the Government to 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 notes from the SPD that in FATA only 17 per cent of the population is literate, with literacy among women being as low as 3 per cent (2006 baseline). The Committee notes that according to the Government’s report resource allocations for education in FATA have increased and the Government is promoting access to education and training through the construction and rehabilitation of schools, teacher training and through grants and admission quotas. The SDP also refers to positive measures to address the low enrolment rate of girls, such as providing transportation and stipends for them, as well as creating incentives for attracting female teachers. The Committee requests the Government to provide detailed information on the implementation of the measures taken under the SDP with a view to ensuring access of girls and boys to education, and information on the results achieved against the 2006 baseline. The Committee also asks the Government to continue to provide information on the number of students that have benefited from grants or reserved places.

Article 11. Land. The Committee notes the Government’s indication that land in tribal areas is considered to be the property of the tribes who divide it amongst their members, hold land records and deal with land disputes. However, as indicated in the SDP, the State owns all mineral resources. Mining activities require a non-objection certificate from the Government and an agreement of the tribal group resident in the area (SDP, page 110). The Committee requests the Government to provide information on the methods used to obtain the agreement of the tribal groups when consideration is given to exploration and exploitation of natural resource on their lands.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. The Committee notes from the Government’s report that the development of the Federally Administered Tribal Areas (FATA) is pursued under the FATA Sustainable Development Plan 2006–15 (SDP) which covers a wide range of sectors, including education, health, infrastructure, rural development, agriculture, industry and mining, and skills development. The Committee also notes the list of projects prepared by the FATA secretariat contained in the Government’s report. However, the Committee notes with concern the Government’s indications that the recent conflict in FATA have severely impacted on the implementation of the SDP. In this context, the Committee also notes that the Pakistan Workers’ Federation (PWF), in a communication of 21 September 2008, stressed the need for further action by the Government to promote the welfare of the tribal population which continues to be affected by poverty and unemployment. Recalling that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the tribal population concerned, including action to promote the social, economic and cultural development of the population concerned and to raise their standard of living, the Committee urges the Government, in cooperation with its international partners, to take the necessary steps to address the consequences of the conflict in the tribal areas, including through appropriate recovery and rehabilitation measures, and to ensure the full implementation of the SDP. The Committee requests the Government to provide detailed information on the measures taken and the results achieved in this regard. While noting the Government’s indication that the administration of the Provincially Administered Tribal Areas (PATA) of the North–West Frontier Province (NWFP) and of Baluchistan is under the direct responsibility of these two provinces, the Committee reiterates its request for information on the measures taken to apply the Convention to the population concerned in these areas.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. Social and economic development. The Committee notes the comments made by the Employers’ Federation of Pakistan to the effect that the exploration of mines and oil and gas fields, as well as the setting up of cement industries contributed to the social uplifting of the tribal population. The Committee would appreciate receiving further information on these activities and on the way in which they contribute to the social and economic development of the local tribal population. Further, the Government is requested to indicate the manner in which respect for the provisions of Articles 5, 11 and 12 is ensured in this context.

2. Legislation applicable in tribal areas. The Committee notes from the 2003 Poverty Reduction Strategy Paper that there is an “increasing realization that the Federally Administered Tribal Areas (FATA) need to be integrated into the broader national stream”. The Committee asks the Government to indicate whether the implementation of this strategy also entails the extension of national legislation to tribal areas, and if so, how it is ensured that the provisions of the Convention are taken into account in this context. The Committee also reiterates its request to the Government to indicate (a) the labour legislation applicable to the tribal areas and to provide information on how it is being supervised; and (b) whether the Bonded Labour System (Abolition) Act, No. III of 1992, applies to these areas.

3. Article 5. Consultation and participation. The Committee recalls the Government’s previous indications that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. In the light of the recent development efforts mentioned in the Government’s report, the Committee requests the Government to indicate whether any machinery or specific procedures have been established for the purpose of facilitating collaboration and consultation of the tribal population. It also reiterates its request to the Government to provide further information on whether representatives of tribal populations participate in national elective institutions.

4. Article 15. Recruitment. The Committee notes that the Government’s report once again states that a quota has been reserved for employment of members of the tribal population in government services and organizations. The Committee requests the Government to provide more detailed information on the practical implementation of this quota system, including indications regarding the number of tribal people employed under it.

5. Articles 21–26. Education and means of communication. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.

6. Article 27. Administration. The Committee notes that the 2003 Poverty Reduction Strategy Paper indicates that reinvigorating public institutions through restructuring government departments and law enforcement agencies will be one of the strategies to promote development in the FATA. The Committee requests the Government to provide information on the measures taken to implement this strategy and to indicate any changes made with a view to improving the planning, coordination and execution of measures for the social, economic and cultural development of the populations concerned.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Recalling the comments received from the All Pakistan Federation of Trade Unions concerning the application of the Convention in 2003, the Committee notes another communication from the same organization dated 26 April 2005. In the recent communication it is stated that tribal peoples in Pakistan suffered great economic and social hardship and deprivation and that there was a need for the Government to bring national law and practice into conformity with the Convention, including through effective economic and social measures to develop tribal areas and to provide for basic needs of education, water, health and employment opportunities. The Committee notes the Government’s report which contains some information in reply to the matters raised by the All Pakistan Federation of Trade Unions, as well as partial replies to the matters previously raised by the Committee. The Committee further notes the communication dated 23 January 2006 from the Employers’ Federation of Pakistan, which was forwarded by the Government, outlining the contributions made by the employers to the development of the tribal areas.

2. The Committee recalls that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the populations concerned, including action to promote the social, economic and cultural development of these populations and to raise their standard of living. In this regard, the Committee notes from the Government’s report that the Annual Development Programme 2003–04 for the Federally Administrated Tribal Areas (FATA) was allocated PKR3.26 billion to implement schemes in the areas of education and training, including skills development for women, health, communication, agriculture and rural development. The Committee also notes that Pakistan’s 2003 Poverty Reduction Strategy Paper indicates that the Government has initiated a major development effort in the FATA “to reach inaccessible areas and expose them to the mainstream economic benefits” (paragraph 5.193). The Committee notes that among the objectives of this effort are the improvement of the living conditions of the rural poor, to boost agricultural production, and to improve the status of women through training and support for income-generating activities. The Committee requests the Government to provide in its next report information on the implementation of these development programmes in the FATA, including statistical data or other indicators on the basis of which the Committee can appreciate the progress made in raising the standard of living of tribal people in the different agencies, in accordance with the Convention. Recalling its previous comments, the Committee reiterates its request to the Government to provide information on the development activities in the Provincially Administered Tribal Areas, particularly those being implemented in Baluchistan.

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 very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Social and economic development. The Committee notes the comments made by the Employers’ Federation of Pakistan to the effect that the exploration of mines and oil and gas fields, as well as the setting up of cement industries contributed to the social uplifting of the tribal population. The Committee would appreciate receiving further information on these activities and on the way in which they contribute to the social and economic development of the local tribal population. Further, the Government is requested to indicate the manner in which respect for the provisions of Articles 5, 11 and 12 is ensured in this context.

2. Legislation applicable in tribal areas. The Committee notes from the 2003 Poverty Reduction Strategy Paper that there is an “increasing realization that the Federally Administered Tribal Areas (FATA) need to be integrated into the broader national stream”. The Committee asks the Government to indicate whether the implementation of this strategy also entails the extension of national legislation to tribal areas, and if so, how it is ensured that the provisions of the Convention are taken into account in this context. The Committee also reiterates its request to the Government to indicate (a) the labour legislation applicable to the tribal areas and to provide information on how it is being supervised; and (b) whether the Bonded Labour System (Abolition) Act, No. III of 1992, applies to these areas.

3. Article 5. Consultation and participation. The Committee recalls the Government’s previous indications that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. In the light of the recent development efforts mentioned in the Government’s report, the Committee requests the Government to indicate whether any machinery or specific procedures have been established for the purpose of facilitating collaboration and consultation of the tribal population. It also reiterates its request to the Government to provide further information on whether representatives of tribal populations participate in national elective institutions.

4. Article 15. Recruitment. The Committee notes that the Government’s report once again states that a quota has been reserved for employment of members of the tribal population in government services and organizations. The Committee requests the Government to provide more detailed information on the practical implementation of this quota system, including indications regarding the number of tribal people employed under it.

5. Articles 21-26. Education and means of communication. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.

6. Article 27. Administration. The Committee notes that the 2003 Poverty Reduction Strategy Paper indicates that reinvigorating public institutions through restructuring government departments and law enforcement agencies will be one of the strategies to promote development in the FATA. The Committee requests the Government to provide information on the measures taken to implement this strategy and to indicate any changes made with a view to improving the planning, coordination and execution of measures for the social, economic and cultural development of the populations concerned.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Recalling the comments received from the All Pakistan Federation of Trade Unions concerning the application of the Convention in 2003, the Committee notes another communication from the same organization dated 26 April 2005. In the recent communication it is stated that tribal peoples in Pakistan suffered great economic and social hardship and deprivation and that there was a need for the Government to bring national law and practice into conformity with the Convention, including through effective economic and social measures to develop tribal areas and to provide for basic needs of education, water, health and employment opportunities. The Committee notes the Government’s report which contains some information in reply to the matters raised by the All Pakistan Federation of Trade Unions, as well as partial replies to the matters previously raised by the Committee. The Committee further notes the communication dated 23 January 2006 from the Employers’ Federation of Pakistan, which was forwarded by the Government, outlining the contributions made by the employers to the development of the tribal areas.

2. The Committee recalls that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the populations concerned, including action to promote the social, economic and cultural development of these populations and to raise their standard of living. In this regard, the Committee notes from the Government’s report that the Annual Development Programme 2003-04 for the Federally Administrated Tribal Areas (FATA) was allocated PKR3.26 billion to implement schemes in the areas of education and training, including skills development for women, health, communication, agriculture and rural development. The Committee also notes that Pakistan’s 2003 Poverty Reduction Strategy Paper indicates that the Government has initiated a major development effort in the FATA “to reach inaccessible areas and expose them to the mainstream economic benefits” (paragraph 5.193). The Committee notes that among the objectives of this effort are the improvement of the living conditions of the rural poor, to boost agricultural production, and to improve the status of women through training and support for income-generating activities. The Committee requests the Government to provide in its next report information on the implementation of these development programmes in the FATA, including statistical data or other indicators on the basis of which the Committee can appreciate the progress made in raising the standard of living of tribal people in the different agencies, in accordance with the Convention. Recalling its previous comments, the Committee reiterates its request to the Government to provide information on the development activities in the Provincially Administered Tribal Areas, particularly those being implemented in Baluchistan.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read in relevant part as follows:

The Committee … notes that the All Pakistan Federation of Trade Unions submitted comments on the application of this Convention, which were communicated to the Government on 5 September 2003, but on which the Government has not so far made any comments. …

The Committee notes that the Government’s brief report refers to its annual report on the Convention for the period 1 July 1995 to 30 June 1996, which is identical to its prior two reports.

1. Article 2 of the Convention. The Committee notes that the last information received on the activities carried out through the development programme for the Federally Administered Tribal Areas (FATAs) related to the period ending in 1994. Accordingly, the Committee would be grateful if the Government would provide information in its next report on the nature of the development activities now being carried out in the different tribal areas, including statistical data on the number of tribal people benefited by these programmes, and the progress achieved since 1994 in promoting the social, economic and cultural development of these populations and raising their standard of living.

2. The Committee notes that, once again, no information was supplied in the report concerning development programmes in the Provincially Administered Tribal Areas (PATAs). The Committee is therefore repeating its request for information on the development activities in the PATAs, particularly on those being implemented in Baluchistan.

3. Article 3. The Committee notes from the report that no special measures have been adopted by the Government to extend the national legislation to the tribal areas, within the meaning of Article 3. In this regard, the Committee notes the Government’s indication that tribal areas have their own specific rules and regulations and that all matters are decided under the Jirga system prevalent in those areas. The Committee requests the Government to supply concrete information on the rules and regulations mentioned, including copies of any texts available.

4. Article 5. The Committee notes the Government’s statement, repeated from previous reports, that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. The Committee reiterates its request that the Government indicate whether any machinery or specific procedures have been established for purposes of facilitating the collaboration and consultation mentioned.

5. Referring to its previous comments concerning the Members of the National Assembly and Senators elected to represent the tribal populations, the Committee repeats its request that the Government indicate whether any of those representatives belong to the tribal populations.

6. Article 7. The Committee notes the Government’s indication that no information has been received from the areas concerned regarding the application of the Bonded Labour System (Abolition) Act, No. III of 1992, or its extension to the tribal areas. The Government is requested to indicate the bodies charged with implementation of the Act, as well as to supply concrete information on the manner in which its application is supervised and enforced. Recalling that members of tribal populations are particularly vulnerable to the abuses that the Act is intended to eliminate, the Committee again requests the Government to supply information on its extension to and enforcement in the tribal areas.

7. Articles 11 to 14. The Committee notes the Government’s statement that there are no instances of tribal people being displaced from their lands due to the execution of public works or other development projects.

8. Article 15. Referring to its previous comments on the supervision of working conditions in tribal areas, the Committee notes that it has been requesting information on this point since 1988. It once again repeats its request that the Government supply concrete and detailed information, in its next report, on the manner in which working conditions are monitored in the tribal areas and the number of labour inspection visits carried out in those areas during the reporting period. The Government is also requested to provide specific information on the labour legislation applicable to the tribal areas.

9. Articles 21 to 26. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee is repeating this year its previous direct request, to which once again no answer has been received. The Government has now not provided detailed information on the application of this Convention in more than a decade. It requests the Government to provide information in its next report on the matters raised in the direct request, and more generally. It recalls in this connection that the Government also has not replied to comments made on the application of the Convention in 2003 by the All-Pakistan Federation of Trade Unions.

More generally, the Committee is aware that the situation in the tribal areas, many of which are located along the border with Afghanistan, has been seriously affected by the war in Afghanistan and the rapid evolution in the situation in these areas. The Committee urges the Government to provide a general appreciation of this situation as it relates to the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It also notes that the All Pakistan Federation of Trade Unions submitted comments on the application of this Convention, which were communicated to the Government on 5 September 2003, but on which the Government has not so far made any comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s brief report refers to its annual report on the Convention for the period 1 July 1995 to 30 June 1996, which is identical to its prior two reports.

1. Article 2 of the Convention. The Committee notes that the last information received on the activities carried out through the development programme for the Federally Administered Tribal Areas (FATAs) related to the period ending in 1994. Accordingly, the Committee would be grateful if the Government would provide information in its next report on the nature of the development activities now being carried out in the different tribal areas, including statistical data on the number of tribal people benefited by these programmes, and the progress achieved since 1994 in promoting the social, economic and cultural development of these populations and raising their standard of living.

2. The Committee notes that, once again, no information was supplied in the report concerning development programmes in the Provincially Administered Tribal Areas (PATAs). The Committee is therefore repeating its request for information on the development activities in the PATAs, particularly on those being implemented in Baluchistan.

3. Article 3. The Committee notes from the report that no special measures have been adopted by the Government to extend the national legislation to the tribal areas, within the meaning of Article 3. In this regard, the Committee notes the Government’s indication that tribal areas have their own specific rules and regulations and that all matters are decided under the Jirga system prevalent in those areas. The Committee requests the Government to supply concrete information on the rules and regulations mentioned, including copies of any texts available.

4. Article 5. The Committee notes the Government’s statement, repeated from previous reports, that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. The Committee reiterates its request that the Government indicate whether any machinery or specific procedures have been established for purposes of facilitating the collaboration and consultation mentioned.

5. Referring to its previous comments concerning the Members of the National Assembly and Senators elected to represent the tribal populations, the Committee repeats its request that the Government indicate whether any of those representatives belong to the tribal populations.

6. Article 7. The Committee notes the Government’s indication that no information has been received from the areas concerned regarding the application of the Bonded Labour System (Abolition) Act, No. III of 1992, or its extension to the tribal areas. The Government is requested to indicate the bodies charged with implementation of the Act, as well as to supply concrete information on the manner in which its application is supervised and enforced. Recalling that members of tribal populations are particularly vulnerable to the abuses that the Act is intended to eliminate, the Committee again requests the Government to supply information on its extension to and enforcement in the tribal areas.

7. Articles 11 to 14. The Committee notes the Government’s statement that there are no instances of tribal people being displaced from their lands due to the execution of public works or other development projects.

8. Article 15. Referring to its previous comments on the supervision of working conditions in tribal areas, the Committee notes that it has been requesting information on this point since 1988. It once again repeats its request that the Government supply concrete and detailed information, in its next report, on the manner in which working conditions are monitored in the tribal areas and the number of labour inspection visits carried out in those areas during the reporting period. The Government is also requested to provide specific information on the labour legislation applicable to the tribal areas.

9. Articles 21 to 26. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s brief report refers to its annual report on the Convention for the period 1 July 1995 to 30 June 1996, which is identical to its prior two reports.

1.  Article 2 of the Convention.  The Committee notes that the last information received on the activities carried out through the development programme for the Federally Administered Tribal Areas (FATAs) related to the period ending in 1994. Accordingly, the Committee would be grateful if the Government would provide information in its next report on the nature of the development activities now being carried out in the different tribal areas, including statistical data on the number of tribal people benefited by these programmes, and the progress achieved since 1994 in promoting the social, economic and cultural development of these populations and raising their standard of living.

2.  The Committee notes that, once again, no information was supplied in the report concerning development programmes in the Provincially Administered Tribal Areas (PATAs). The Committee is therefore repeating its request for information on the development activities in the PATAs, particularly on those being implemented in Baluchistan.

3.  Article 3.  The Committee notes from the report that no special measures have been adopted by the Government to extend the national legislation to the tribal areas, within the meaning of Article 3. In this regard, the Committee notes the Government’s indication that tribal areas have their own specific rules and regulations and that all matters are decided under the Jirga system prevalent in those areas. The Committee requests the Government to supply concrete information on the rules and regulations mentioned, including copies of any texts available.

4.  Article 5.  The Committee notes the Government’s statement, repeated from previous reports, that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. The Committee reiterates its request that the Government indicate whether any machinery or specific procedures have been established for purposes of facilitating the collaboration and consultation mentioned.

5.  Referring to its previous comments concerning the Members of the National Assembly and Senators elected to represent the tribal populations, the Committee repeats its request that the Government indicate whether any of those representatives belong to the tribal populations.

6.  Article 7.  The Committee notes the Government’s indication that no information has been received from the areas concerned regarding the application of the Bonded Labour System (Abolition) Act, No. III of 1992, or its extension to the tribal areas. The Government is requested to indicate the bodies charged with implementation of the Act, as well as to supply concrete information on the manner in which its application is supervised and enforced. Recalling that members of tribal populations are particularly vulnerable to the abuses that the Act is intended to eliminate, the Committee again requests the Government to supply information on its extension to and enforcement in the tribal areas.

7.  Articles 11 to 14.  The Committee notes the Government’s statement that there are no instances of tribal people being displaced from their lands due to the execution of public works or other development projects.

8.  Article 15.  Referring to its previous comments on the supervision of working conditions in tribal areas, the Committee notes that it has been requesting information on this point since 1988. It once again repeats its request that the Government supply concrete and detailed information, in its next report, on the manner in which working conditions are monitored in the tribal areas and the number of labour inspection visits carried out in those areas during the reporting period. The Government is also requested to provide specific information on the labour legislation applicable to the tribal areas.

9.  Articles 21 to 26.  The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Articles 2 and 27. The Committee notes the budgetary allocation provided by the Government for the development of activities in Federally Administered Tribal Areas (FATAs) implemented through the government department of the North-West Frontier Province and the FATA Development Corporation, and their achievements during 1993. The Committee hopes that the Government will continue to provide information in its future reports on the activities carried out in these areas.

2. The Committee notes that there was no reference in the report to development programmes in the Provincially Administered Tribal Areas (PATAs) and that information on the Baluchistan programme will be included in the next report.

3. Article 3. The Committee notes that the Government has not taken any specific steps to extend the national legislation to these areas. Since the national legislation does not apply in these areas unless it has been formally extended to them, the Committee asks the Government to indicate in its future reports whether it has decided to extend any such legislation.

4. Article 5. The Committee notes the Government's statement that all programmes in the tribal areas are implemented with the cooperation of the people concerned who are consulted concerning any decisions that may affect them. Please indicate in the next report whether there is any machinery for this purpose.

5. The Committee notes that Members of the National Assembly and Senators have been elected to represent the tribal populations. Please state whether the candidates who have stood for election are from the tribal populations.

6. Article 7. The Committee again asks the Government to provide information on the application of the Bonded Labour System (Abolition) Act, No. III of 1992, stating in particular whether it has been extended to tribal areas.

7. The Committee notes the information on the jobs reserved for the tribal populations in the areas concerned.

8. Articles 11 to 14. The Committee notes the statement in the report that whenever there are public works or other development projects in tribal areas, the people are always consulted first and compensation is paid. Please provide information on any instances of tribal people being displaced from their land for such reasons and the type of compensation that has been paid.

9. Article 15. The Committee again requests information on how working conditions are supervised in tribal areas, with special reference to labour inspection visits carried out. Please indicate the type of labour legislation that applies in these areas.

10. Articles 21 to 26. The Committee notes that there is a special quota for tribal students in all professional colleges, as well as scholarships for higher studies. Please provide information on the number of tribal students who have received such assistance.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes that the Government's report of March 1992 states that no further action had been taken on the points raised in the Committee's direct request of 1988. It hopes that in its next report the Government will be able to provide more detailed information which will allow a comprehensive evaluation of the situation of the different tribal populations of the country. It hopes that the Government will distinguish, to the greatest degree possible, between the situation in the tribal areas of the North West Frontier Province and those in Baluchistan.

2. Articles 2 and 27 of the Convention. The Committee recalls that in its previous comments it requested the Government to provide additional information on the development programme for the Federally Administered Tribal Areas (FATAs) and the special development programme for the FATAs and PATAs (Provincially Administered Tribal Areas). It recalls that the last information provided in the context of the present Convention related to the period ending in 1988, and notes that since then other such plans may have been implemented. Please indicate (a) what plan is presently in force, and (b) the results of the earlier plans in the tribal areas. The Committee hopes the Government will continue to provide information in its future reports on the implementation of these programmes.

3. Article 3. Please indicate any measures undertaken since the last report to extend national legislation to the tribal areas.

4. Article 5. Please indicate whether any measures have been taken to obtain the collaboration and involvement of these populations and their representatives in the formulation and implementation of programmes intended to implement the Convention. The Committee notes in this connection, from the Government's 1986 report under the UN Convention on the Elimination of Racial Discrimination (doc. CERD/C/149/Add.12) that tribal representatives are nominated to participate in seminars and other forms of nation-building activities. Please indicate also whether they have been consulted in establishing the Government's report.

5. Article 7. The Committee notes with interest the adoption of the Bonded Labour System (Abolition) Act, No. III of 1992 which renders void and inoperative any custom, tradition or practice requiring bonded labour. Please indicate whether it has been extended to the areas inhabited by tribal populations, and if so, provide information on how it has been applied in these areas since its adoption in March 1992. This question is dealt with more generally under Convention No. 29.

6. The Committee recalls the statement by the Government in its 1987 report that it was considering a proposal to establish an employment cell in the Provincial Government of NWFP, for the reservation of a certain number of government jobs for members of the tribal populations. Please indicate whether any steps have been taken in this regard. Please also provide information on the opportunities for employment which have been created for the tribal population as a result of government-sponsored activities, including development projects.

7. Article 15. Please provide information on how conditions of work are supervized in the tribal areas, including in particular the activities of the labour inspectorate. Please also provide information on whether any labour laws have been extended to the tribal areas (see also under Article 3).

8. Articles 21 to 26. Please provide information on the present educational system in the tribal areas, including literacy programmes and vocational training.

9. Please indicate the language of instruction in the primary schools in the tribal areas and any steps which may have been taken to preserve the mother tongue or vernacular language.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

With reference to its previous comments, the Committee notes with interest that the legislation referred to in the Government's reports have been extended to the tribal areas. The Committee requests the Government to continue providing information on any other decision taken to extend national legislation to the tribal areas.

The Committee also notes with interest the development programme for the Federally Administered Tribal Areas (FATA) and the special development programme for the FATA/PATA (Provincially Administered Tribal Areas). The Committee hopes that the Government will continue to provide information in its future reports on the progress made in implementing these programmes.

Lastly, the Committee recalls that it requested the Government to indicate the situation of the legislation concerning labour and the supervision of employment conditions in the above-mentioned regions (Article 15 of the Convention). The Committee hopes that the Government will be able to provide information on this subject in its future reports.