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

Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

The Government supplied the following information:

With regard to the observation of the Committee of Experts concerning the exclusion of establishments in newly created industrial zones from the application of labour legislation, the Committee may wish to refer to the reports of the Government in response to comments of the Committee concerning the application of Convention No. 87. With reference to the observations of the Committee of Experts, it may be stated that minorities in Pakistan enjoy all fundamental rights equally together with other citizens as provided for under the Constitution of the Islamic Republic of Pakistan, 1973. They are treated both justly and generously by the Government. Their legitimate rights and interests have been adequately safeguarded in the Constitution.

The substantive impact of the restraints in the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) on the Ahmadis is not onerous. The restraint applies only to the public exercise of certain practices. In many non-Muslim countries, restraints are applied to the public aspects of Islamic religious practices for lesser reasons. For example, in the city of Geneva, Muslims are not allowed to make a public call for prayers, presumably to avoid disturbance of its inhabitants. The Ahmadis may continue to practice their religion in their religious places which are separately maintained by them. Even religious practice can be observed as long as this is done in private without causing affront to the Muslims. The provisions of Ordinance No. XX of 1984 do not disqualify Ahmadis/Quadianis from any employment or occupation, and therefore are not relevant to employment opportunities on the basis of religion or belief.

However, it may be added that the exercise of a right is never absolute. While proclaiming freedom of religion or belief in article 18, the International Covenant on Civil and Political Rights stipulates under paragraph 3 of that article that: "Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others." These conditions are repeated in paragraph 3 of article 1 of the Declaration of the elimination of all forms of intolerance and discrimination based on religion or belief. In the same spirit, the Constitution of Pakistan provides in article 20 that: "Subject to law, public order and morality, every citizen shall have the right to profess, practice and propagate his religion and to establish, maintain and manage religious institutions." It is further stated that Ordinance No. XX of 1984 has been declared in July 1993 to not be ultra vires with respect to the Constitution of Pakistan, 1973.

Under the provisions of section 10 of the Pakistan Army Act, every citizen of Pakistan has the right to join its Armed Forces. Article 27 of the Constitution of Pakistan, 1973 provides clear safeguards against discrimination in employment on the basis of race, religion, caste, sex, residence or place of birth. Article 36 of the Constitution further provides that the State shall safeguard the legitimate rights and interests of minorities. Adherence to a particular religion has never been a prerequisite to joining the service in the Armed Forces of Pakistan, promotions therein and release therefrom. For this reason the request of the Committee for statistics regarding the number and percentage of Ahmadis/Quadianis serving in the Army is not considered relevant.

It should also be pointed out that the information of the United Nations special rapporteur is exaggerated. There is no discrimination in employment or in practising any faith among personnel of various sects in the Armed Forces. With regard to the dismissal of a first-class technician of the Pakistani Armed Forces, it may be pointed out that the person was dismissed from service not for belonging to the Ahmadi faith but rather for some other offence and in the interests of the service. This can best be proved by the fact that many minorities including Ahmadis are serving in the Armed Forces in accordance with their quota and the Constitution. The Military Law of Pakistan fully safeguards the interests and rights of minorities (which include Ahmadis) including their representation in the services of Pakistan. There is therefore no discrimination in employment or discharge from the Army on the basis of religion, race, colour or creed, etc. The Ahmadis continued to pose as Muslims. For this reason, it became necessary to prevent non-Muslims from obtaining passports indicating their religion to be Muslim. The declaration with the passport application form has proved to be a deterrent differentiating Muslims from Ahmadis. An applicant describing himself as an Ahmadi in the religion column is not required to sign the declaration. This has no relevance with regard to employment opportunities on the basis of religion. It is reiterated that discrimination on the grounds of religion or faith is not allowed against minorities including Quadianis; the Constitution of Pakistan provides equal opportunities in employment to every citizen of Pakistan regardless of faith and religion and Ahmadis/Quadianis are eligible to compete for all posts in all categories of the services in Pakistan. The Ahmadis/Quadianis who are willing to migrate for employment opportunities are simply required to indicate their religion in the application form and are not required to sign the declaration attached to the form. They are issued passports like other citizens without any other condition or hesitation, and therefore there has been no contravention of Article 1, paragraph 1(a) and (b) of the Convention.

With reference to the direct request of 1994, it is stated that minorities in Pakistan enjoy all fundamental rights equally together with other citizens as provided for under the Constitution of Pakistan. They are not only treated justly but generously by the Government. Their legitimate rights and interests have been adequately safeguarded in the Constitution of the Islamic Republic of Pakistan, 1973. Six per cent of all vacancies in the Federal Services other than those of merit quota are reserved for the scheduled caste community in order to provide an incentive to eliminate their economic and social backwardness. No discrimination in these services occurs on the ground of race, religion and caste. No such law exists in our country which violates the above provision of the Constitution. All citizens are entitled to equal protection of the law. Some members of the Ahmadi community have important positions in both the civil and the military services of Pakistan. No Ahmadi has been dismissed from government employment on religious grounds.

Ten seats are reserved in the National Assembly for the minorities as follows: Christians (4); Hindus and persons belonging to scheduled castes (4); Sikh Buddhist and Farsi communities and other non-Muslims (1); persons belonging to the Quadiani Group of the Lahori Group (who call themselves Ahmadis) (1). Moreover, the number of seats allocated to non-Muslims in the provincial assemblies of the Provinces of Baluchistan, Punjab, NWFP, and Sindh are as follows:

_______________________________________________________________

Province Christians Hindus and Sikhs, Buddhist Persons

persons communities belonging

belonging and other to Quadianis

to the non-Muslims Group or the

scheduled Lahori Group

casts (who call

themselves

Ahmadis)

_______________________________________________________________

Baluchistan 1 1 1 -

NWFP 1 - 1 1

Punjab 5 1 1 1

Sindh 2 5 1 1

Total 9 7 4 3 = 23

_______________________________________________________________

An Advisory Council for Minorities Affairs including MNAs, PMAs and leaders of minority groups has been established by Minorities Affairs. Meetings of this Council are held annually to advise the Government on matters concerning the welfare of minorities. District Minority Committees have been established in all districts to examine daily problems faced by minorities and to resolve them at the local level. Meetings of these committees are held regularly and chaired by Deputy Commissioners and/or Additional Deputy Commissioners.

The Government has introduced a "Cultural Awards Scheme" exclusively for minorities for the promotion and preservation of their cultural heritage. Under this scheme, cultural awards of a considerable value (Rs.50,000) are granted annually to talented persons who are members of minority groups in the fields of literature, performing arts, fine arts and folk arts. The Government also created a permanent fund for the welfare and promotion of minorities in 1985-86 in the amount of Rs.20 million. Thirteen per cent of the amount available in this fund on an annual basis is reserved and placed at the disposal of the Minorities Affairs Division to provide financial assistance to needy persons who are members of minority groups in cases received in the Division through the Secretariats of the President or Prime Minister, or directly.

The Government established on 27 September 1993 a National Commission for Minorities to examine the problems of minorities and make suitable recommendations on their behalf. This Commission has held three meetings, and at its inaugural meeting, the following three Committees were established to provide reports about the assignments entrusted to them: (1) Committee on Rules and Procedures; (2) Committee on Education to examine the problems faced by the minorities in this sector; and (3) Committee on Legislation to examine the laws reported to be discriminatory towards minorities. The Commission has approved the report on rules and procedures. The report submitted by the Committee on Education is being actively considered by the Government. The Committee, inter alia, has recommended denationalization of 22 schools of the Roman Catholic Dioceses and the Church of Pakistan in the Punjab. The Committee has also recommended that one Christian teachers' training college be permitted to be opened.

With regard to legislative issues, a programme is under way in the Ministry of Law and Justice to reform and update the personal laws of minorities. The issue of delimitation of minority constituencies for the national and provincial assemblies following the pattern of Muslim constituencies is also under consideration in the Law and Justice Division. The above clearly indicates that the Commission is performing its functions independently and effectively to help redress the grievances of minority groups by making suitable recommendations to the Government. The Commission is an influential body and its recommendations are given high priority by the Government. No discrimination in employment is made on the grounds of race, religion or caste. All including the minorities can compete for services on merit. Further, the Government has also reserved 6 per cent of all vacancies to be filled by direct recruitment made on an all Pakistan basis, for the scheduled castes within the respective provincial/regional quota.

Seventh Five-Year Plan, the measures taken to follow up the Plan and the results achieved in promoting equality of opportunity and treatment between men and women in employment and occupation: Constitutionally and legally, gender equality is guaranteed in Pakistan. In practice, however, this equality is not perfectly reflected in society mainly because of socio-cultural constraints that have endured over centuries. The Seventh Plan acknowledged the low status of women and their neglect in the past and provided for the full integration of women in development by providing them with improved equality of opportunity in education, health, employment and all other spheres of national life. The Plan also provided for establishing awareness among leaders of public opinion and the public at large regarding the need to eliminate discrimination against women and its economic and social consequences. Following these imperatives, the Plan envisaged the expansion of opportunities for women's education, health and employment. The Plan provided for removal of gender disparities in education and the opening to women of all branches of learning, including physical and social sciences, as well as professional, technical and vocational subjects. Specifically, the employment programmes included skill development and credit facilities for women, the securing of a larger share of employment for women in professions which are more suited to them, such as teaching and nursing, and encouragement of women's cooperatives. During the Seventh Plan (1988-93), the role of the Ministry of Women's Developments and Youth Affairs in the sectoral programmes had been that of a financier and coordinator. The Ministry sponsored a variety of small projects for development of women in collaboration with federal and provincial line departments and non-governmental organizations. These projects primarily consisted of community welfare centres, mother-children health centres, eye units, gynaecological wards, day-care centres, hostels for women, industrial homes, skill training centres, water supply schemes, women's cooperatives, credit schemes, literacy/education centres, libraries, the strengthening of female educational/technical institutions and grants-in-aid to non-governmental organizations for women's programmes. The Ministry of Women's Development has encouraged non-governmental organizations to incorporate women's development programmes by giving them funds and assistance in addition to assisting the line departments to undertake developmental projects for women. Special credit facilities for women entrepreneurs have been arranged through the First Women Bank under which the Ministry of Women's Development had deposited Rs.30 million in that Bank. During the financial year 1992-93, Rs.18 million were provided to the First Women Bank in addition to the Rs.30 million. As of 31 March 1994, the Bank had distributed Rs.49 million to 2,163 needy women. According to an interim evaluation, the women had borrowed for a variety of purposes. In rural areas, funds were used for the purchase of cows and buffaloes, Karyana Stores, stationary and general items stores, fish farming, etc. In urban areas the loans were used for operating units to produce ready-made garments, stitched and leather products, spinning, etc.

The sectoral and provincial distribution of these products under the Seventh Plan is as follows:

________________________________________________________________

Sector Punjab Sindh NWFP Baluchistan AJ & K, Total

NA/FA

________________________________________________________________

Agriculture 2 1 -- -- 5 8

Community 38 16 14 11 17 96

development

Education and 42 32 21 22 21 138

training

Health 40 22 13 8 9 92

Social welfare 18 22 17 14 10 81

Industry -- 2 -- -- -- 2

Total 140 95 65 55 62 417

________________________________________________________________

The above projects in the public and private sectors have helped to increase the employment potential of women and created opportunities for their self-employment leading, inter alia, to promoting equality of opportunity and treatment between men and women in employment and education.

Amendment of laws regarded as discriminatory against women: The recommendations of the Legal Rights Committee on this matter were pursued with the agencies concerned (the Ministry of Justice and Parliamentary Affairs, Ministry of Religious Affairs, and Council of Islamic Ideology), and the Ministry of Women's Development is constantly promoting them before the Council.

Establishment of a Women Computer Training Centre in Islamabad: The Women Computer Training Centre project was approved at a cost of Rs.3.864 million (including a recurring cost of Rs.2.863 million) for a period of three years. In October 1989, the departmental development working party decided that the recurring costs of the project may be spread over five years with effect from the date of commencement of the project. The project began functioning in January 1990, and completed the initial three-year period in the financial year 1992-93. The Centre has thus far conducted 28 courses giving computer training to more than 500 female trainees. On the basis of the above decision of the Departmental Development Working Party, the Secretary of the Ministry of Women's Development has agreed to the extension of the project for a period of 12 to 18 months. The Women Computer Training Centre is the only public sector organization providing computer training facilities exclusively for women. The clerical staff of the Centre is female, and the instructors engaged during 1992-93 are also females. This exclusively female environment of the Centre results in an ideal homogeneity of trainers and trainees, and has a positive bearing on skill development.

Preparation of a draft "First National Policy for Women" in collaboration with ILO and UNICEF: The Ministry is preparing a draft National Policy on Women. When ready, the draft will be discussed at seminars and workshops at both the regional and national levels. The policy will be announced after it has been approved by the Cabinet.

Establishment of women's study centres in various universities: Five centres of excellence have been established in five universities with the following objectives: (1) to introduce and promote the discipline of women's studies in Pakistan; (2) to develop some introductory or foundation courses in women's centres for university students; (3) to promote both academic and action-oriented research on women's development; (4) to critically examine concepts, theories, models and methodologies that have contributed to scientific investigation and scientific development; (5) to identify, replicate and translate the relevant material from other languages; and (6) to redefine curricula at the university, college and high-school level with a view to incorporating knowledge on women and the contribution of women scholars. All the centres are working at varied levels and pace of achievement. The best performance has been achieved by the Karachi Centre.

In addition, a Government representative referred to the written information provided. He reiterated that the Constitution of Pakistan strictly prohibited any discrimination on the basis of religion, race, sex or caste. All minorities could compete for employment. The Government had also reserved a 6 per cent quota in the public service for minorities, who were treated equally under the law. Some members of minorities were holding important positions in the public service, and there were ten seats reserved for them in the National Assembly and 23 in the Provincial Assemblies. In addition, minorities were free to contest elections for general seats. The fact that there were some ministers both in the federal and provincial governments who were members of minorities was evidence of the tolerant and harmonious atmosphere in his country. The Government had established an Advisory Council for the welfare of minorities comprising official and non-official members including members of the National Assembly and the Provincial Assemblies. A fund had also been created for their welfare and the improvement of their situation. A National Commission had also been established to examine the problems of minorities and make recommendations to solve them, which had held three meetings. With regard to special industrial zones, he referred the Committee to his comments in response to the observation by the Committee of Experts on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87).

The Workers' members expressed appreciation for the comprehensive written report provided by the Government, but acknowledged that they had not examined it as thoroughly as they would have wished to because of the difficulty in evaluating complex documents during the course of the Conference sittings. They noted that in paragraph 1 of the report of the Committee of Experts it was stated that two Pakistani trade union organizations had transmitted comments on the application of the Convention, particularly with regard to religious minorities and women workers. They had expected that the Government would comment on these observations, but as no reference was made in the report to what the observations were, they were unable to determine precisely whether the Government had replied satisfactorily or not on that particular point. They asked whether the tripartite Task Force on Labour established by the Government had examined the exclusion of the application of labour legislation to the special industrial zones (SIZs), or whether the council that he had referred to had been given this task. They concluded by noting the difficulty in making judgements on issues of discrimination, and suggested that the written information be referred to the Committee of Experts for a thorough examination and its comments.

The Employers' members noted that this case was qualitatively different from that concerning Convention No. 87. In the latter case, gradual progress could be detected so that the resolution of the problem was in sight. However, with regard to the matter of religious discrimination they could see no immediate prospect of a resolution to the problem, because the Government this year and in 1987, 1989 and 1993 maintained the basic position that minorities were protected in Pakistan under the Constitution. However, the existence of this legislation was clearly not providing protection for certain groups of individuals. They observed that the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) continued to provide sentences of up to three years for religious groups who were propagating their faith, and that there was still discriminatory termination of employment of members of different communities serving in the public service and the armed forces. With regard to the statement that adherence to a particular religion had never been a prerequisite to joining the armed services, and that therefore the provision of statistics requested by the Experts was not required, they emphasized that in the area of discrimination one way in which discrimination could be assessed was to examine statistics regarding the composition of minorities in relation to the general population. Such statistics would be helpful to the Government in resolving this question and would provide information to the Experts that might resolve one of the problems with regard to the application of this Convention. With regard to religious discrimination when issuing passports, the inability to obtain a passport did provide a limit on employment possibilities and, therefore, they suggested that the Government should look at this issue once again. As this had been a long-standing and difficult problem, they said that the Government should take the necessary action in both law and practice to resolve it in the near future.

The Workers' member of New Zealand strongly supported the Pakistan National Federation of Trade Unions and the All-Pakistan Federation of Trade Unions who had asked that the Committee of Experts urge the Government to take measures to give practical effect to the Convention, and particularly to eliminate discrimination on the basis of religion, promote equality of opportunity, especially for women workers, and increase the awareness of all categories of society in this respect. With regard to the legal position, particularly with reference to the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX), she found that the response of the Government in its written comment and before the Committee, to the observations of the Committee of Experts, was disturbing because the Government of Pakistan had absolutely rejected any need for change. It stated that minorities in Pakistan enjoyed all fundamental rights equally together with other citizens; that they were treated both justly and generously by the Government; and that the substantive impact of the restraints of Ordinance No. XX on the Ahmadis was not onerous. In its 1994 report, Amnesty International described the case of five Ahmadi journalists who were charged with blasphemy. In page 3 of the report it was stated that over a number of years various laws had in effect made it "a criminal offence for Ahmadis to profess, practise and propagate their faith". The report also referred to Ordinance No. XX and Ordinance No. XXX concerning the West Pakistan Press and Publications, sections of the Pakistan Penal Code and decisions of the Federal Shariah Court. The cumulative effect of these laws was clearly to deny genuine freedom of religious practice and to create an environment of hostility to Ahmadis so that attacks on Ahmadis might be carried out without the authorities in Pakistan moving to protect the lives and physical safety of members of this minority community. She then referred to the attack on 9 April 1995 of two Ahmadis, Dr. Rashid Ahmad and his son-in-law Riaz Khan, as they were about to attend a court hearing in Shab Quada in the North West Province. Riaz Khan was stoned to death and Dr. Rashid was seriously injured. She also noted that persons as young as 12 could be sentenced to death for blasphemy. In her view, non-discrimination in employment could not exist in a vacuum. If the environment in the community as a whole was discriminatory, employment practices would reflect that discrimination whether or not such discrimination was prohibited under legislation. She emphasized that this Committee must reinforce in the strongest possible terms the position of the Committee of Experts and the Pakistan Human Rights Commission which sought review of Ordinance No. XX. With regard to passport procedures, she said that she could not imagine what possible valid purpose a declaration with regard to the applicant's religion could have if there was no intention to discriminate. In her view, the statement of the Government representative before this Committee confirmed that even on this issue there was no willingness to accept ILO technical assistance. She concluded by endorsing the request of the Committee of Experts for statistics on the employment of Ahmadis and other minorities in the public service and the armed forces. Without such statistics, there was no means of confirming the accuracy of the claim of the Government that no discrimination in these services occurred on the grounds of race, religion and caste. Comprehensive statistics and data indicating that members of minority communities were distributed across all sectors of the labour market in proportion to their numbers in the population were essential to corroborate that no discrimination had occurred, particularly in view of the claims from reliable sources that Ahmadis were prevented from entering the management levels in the public service. It was her experience that governments declined to collect and publish such statistics usually when they had something to hide.

The Workers' member of Italy stated that discrimination affected women in Pakistan both because of national legislation and the customs of the country. Only 23 per cent of women over ten years of age were literate, as opposed to 50 per cent of men. Women were also subject to violence and abuse in society, and they had difficulty gaining access to employment in certain sectors such as teaching and health. In his view, in addition to the very active role of the Committee for the Defence of the Rights of Women in Pakistan and important government programmes, better legislation could bring an adequate solution to the problems encountered by women with regard to discrimination. He hoped that the fact that a woman was Prime Minister would contribute to eliminating such discrimination.

The Government representative pointed out that although a special law had been adopted that permitted the establishment of special industrial zones (SIZs), none of these zones had yet been established. The new labour policy under the consideration of Cabinet recommended that SIZs should not benefit from any exemptions with regard to labour legislation. With regard to the complaints reportedly received from two trade union organizations, he stated that these complaints were not correct because in his country there was no discrimination on the basis of creed, religion or sex, although the Constitution did contain certain provisions regarding ideology and religion. The Ahmadis professed to be Muslims, but this question was adjudicated by the Supreme Court of Pakistan which held that they were not Muslims. With regard to the passport declaration, all citizens of Pakistan who applied for passports were required to state their religion. However, this did not mean that there was discrimination with regard to job opportunities or any other matter in society. The census taken more than 14 years ago might not be very relevant, as it might not incorporate the requisite information. However, the Government would soon take a census throughout the country, and he hoped that upon completion of the census most of the relevant information regarding minorities and their involvement in various fields would be available. He stated that he would be pleased to supply this information to the Office. With regard to discrimination against women, he pointed out that the Prime Minister was a woman which in itself would create awareness about the rights and social status of women in the labour context. The Task Force on Labour recommended that a special committee be appointed to give recommendations on the socio-economic status of women and suggest immediate measures on how to improve their condition. They hoped that once the labour policy had been finalized, meaningful results would be achieved. While reiterating that although his country was an Islamic State, there was no discrimination on the basis of religion, caste or creed, he nevertheless assured that all steps would be taken to bring about further harmony in this respect.

The Committee took note of the statement of the Government representative. It also took note of the extensive observations of the Committee of Experts which had indicated the serious implications of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance No. XX of 1984 and the conditions for the issue of passports to Muslims for discrimination based on religion. The Committee also felt that non-application of labour legislation in special industrial zones would be a violation of the Convention. Having taken into account that the Government had furnished a report containing a plethora of details, the Committee decided to transmit the report to the Committee of Experts for a careful evaluation. The Committee also asked the Government to furnish statistical data and other information requested by the Committee of Experts. The Committee further advised the Government, as the Committee of Experts had done, to avail itself of technical assistance from the ILO for finding ways of securing total non-discrimination in law and practice.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative reiterated that the Constitution of Pakistan guaranteed equal opportunities in all matters including employment and education to every citizen regardless of faith or religion. Article 27 of the Constitution prohibited discrimination in the matter of appointments in the government services of Pakistan on the basis of race, religion, caste, sex, residence or place of birth; and article 36 provided that the State had to safeguard the legitimate rights and interests of minorities, including their due representation in the services of the federal and provincial governments. Members of minority communities had held and were holding high positions in the services of Pakistan. Selection for the civil services and the armed forces was made on the basis of merit, without any discrimination. He reiterated that the Anti-Islamic Activities (Prohibition and Punishment) Ordinance did not affect members of the Ahmadi/Quadiani community in the matter of employment and education as there was no question of dismissal of any member of this community from service on the basis of religion. The Pakistan Penal Code imposed an obligation on all citizens to respect the religious sentiments of others. Since the Ahmadis and Quadianis were not Moslems, they were prohibited from claiming the contrary. They were, however, free to preach and practise their own faith. As concerned the Committee of Experts' request for statistical information concerning the number and percentage of Ahmadis in the civil services and the armed forces and the number of any dismissed, the Government representative indicated that such information was not collected on the basis of religion and therefore was not available. He concluded by indicating that a detailed report on the application of the Convention would be submitted.

The Employers' members recalled that this case had been discussed in this Committee for a number of years and had been the subject of a special paragraph in 1987. They recalled that the Convention addressed direct and indirect discrimination. This case concerned discrimination based on religion. They noted the Government representative's indication that there were some constitutional provisions and some statutes which protected public sector employees from discrimination, but expressed concern that there was no mention of legislation for the protection of private sector employees in this regard. While noting the difficulties involved in dealing with religious discrimination, they pointed out that Ordinance No. XX, which provided that members of minority religious groups could be imprisoned for propagating their faith, represented a basic violation of the Convention. It was difficult to get a job while in jail. While noting the Government's reply that the dismissal of an individual because of his membership in the Ahmadi faith was actually due to other reasons, they pointed out that mixed motives for dismissal only signified that there were problems in the application of the Convention. They also recalled the problems raised with respect to the refusal to issue passports. They concluded by recalling that they were dealing not only with a question of direct discrimination, but also discrimination relating to decisions made in a society that made it difficult for a person to get a job. They urged the Government to make every effort to correct this problem in the near future.

The Workers' members noted a new element in this case: the Government had indicated its intention to exclude the new industrial zones from the labour legislation, including the legislation protecting against discrimination. They recalled that the Finance Act permitted the suspension of labour legislation. They urged the Government to provide all information on any measures taken in this regard. They recalled that Ordinance No. XX provided for punishment with imprisonment of members of certain religious groups for propagating their faith. Obviously, this affected their chances of employment. They also noted that the refusal to issue a passport on the basis of religious belief would have consequences on a person's ability to find employment abroad. The provisions of the Convention did not therefore appear to be fully applied. They concluded by urging the Government to take all necessary measures to eliminate any discrepancies in law or in practice and to guarantee equality of opportunity and treatment. They also urged the Government to provide all necessary information on developments in the situation.

The Government representative repeated that the Constitution prohibited any discrimination on the basis of religion and that there was no discrimination in the labour law. As concerned the issuing of passports, he suggested that this question might be the subject of advice from ILO technical assistance.

The Committee noted the information supplied by the Government representative. The Committee also noted that the discriminatory employment situation with respect to members of certain religious groups had not changed since the last time the Committee discussed this problem. The Committee was of the opinion that the Government should take the necessary steps to guarantee that there was no discrimination in respect of employment, in law or in practice, on the grounds of religion. The Committee urged the Government, in its next report, to supply all the information requested by the Committee of Experts in this respect in order to show that genuine progress had been made towards full application, both in law and in practice, of the Convention. The Committee noted the Government representative's statement that these questions could also be dealt with by the mission on standards that the Government was ready to receive in the near future.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative declared that it was somewhat surprising that the report of the Committee of Experts made mention of the resolution of the 1985 session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights while not taking into account the fact that one of the subsequent two sessions of the Sub-Commission in 1987 and 1988, or for that matter the four sessions of the Sub-Commission in 1987 and 1988, or for that matter the four sessions of the Human Rights Commission itself (in 1986, 1987, 1988 and 1989), had made any mention of or given credence to allegations of violations of the human rights of the Ahmadis whether of the Qadiani group or the Lahori group, as a result of Ordinance XX of 1984.

The various allegations mentioned by the Committee of Experts regarding the treatment of the Ahmadi Community were baseless. The Government had consistently discharged its obligations to ensure the equitable and just treatment of all its citizens regardless of their religious belief. There was no discrimination against Ahmadis. They had freedom of expression and could distribute religious and other types of publications. They had the right to freely associate and held religious meetings and conventions, as well as prayer congregations. The necessary facilities were provided for such meetings. Appropriate measures were taken to protect Ahmadi places of worship and to maintain their sanctity like that of all other minorities living in Pakistan. Article 20 of the Constitution was clear on this subject.

With regard to the charges that members of the Ahmadi Community had been arrested solely for the expression of their religious belief, it should be known that when such arrests had occurred they had been motivated by the aim to uphold the law, and only in cases where the members of this community had acted in breach of the law. Application of the law could not and should not be interpreted as a breach of religious tolerance.

In Pakistan there was no discrimination as regards employment. Article 27(1) of the Constitution provided that no citizen who otherwise qualified for appointment in the services of Pakistan should be discriminated against. The Government had not, as was alleged, dismissed Ahmadis from government employment on grounds of religion. Ahmadis held important positions in the civil service of Pakistan.

As regards the question of signing a declaration on the application for a passport, it should be known that only Muslims are required to sign this declaration. Non-Muslims, whether they are Christians, Hindus, Buddhists or Ahmadis, were not required to sign the declaration. A passport was never refused to anyone on religious grounds. All minorities including the Ahmadis had a right to obtain a passport. Ordinance XX of 1984 merely sought to resolve the problem by differentiating between Muslim and Ahmadi practices with a view to ensuring peace and tranquility, especially in public places of worship. It might be pointed out that Ordinance XX comes from a legislative declaration in 1974 by the National Assembly of Pakistan, a freely elected body, which in the exercise of its constituent power declared Ahamdis as a non-Muslim minority while at the same time guaranteeing them all the rights of a minority community. This was done after a full hearing of all parties, including the Ahmadi community itself. The Government's understanding of the law was that every legislative body in the exercise of its constituent power could rule on all conceivable matters. This was the only way to decide any controversy that arose within the state, particularly if the state was a religious state and had expressly declared Islam to be the religion of the state. Thus, the legislature at the highest level, in deciding the question of who a Muslim was, rendered what might be called a majority decision. In any democratic forum, decisions were after all taken by appeal to the majority principle.

After the lifting of martial law, the constitutional guarantees relating to the fundamental rights of all citizens were restored and the authority of the judiciary fully re-established. The restoration of democracy and the restitution of fundamental rights in Pakistan, as well as the full authority of the judiciary, ensured that the rights of the Ahmadis, as of every citizen of Pakistan, were fully safeguarded by due process of law.

The Government undertook the duty to promote the welfare of the non-Muslim citizens, to ensure tolerance for their faith and to provide them opportunities to lead their lives honourably and according to their beliefs. A Federal Ministry of Minorities Affairs has the responsibility to protect their rights and to take all possible measures for their well-being and economic, social and educational advancement.

It was, however, becoming increasingly clear that some Ahmadis had launched a campaign of hatred against the Government and people of Pakistan, and that their constant allegations, which were invariably found to be baseless, were nothing but a disinformation campaign motivated by a desire to malign Pakistan.

The Government of Pakistan reiterated that there was no persecution campaign against the Ahmadis. It strongly rejected the allegation that any government agency had resorted to authorised discrimination against Ahmadis in Pakistan. Conversely, the Government had endeavoured to protect the rights of all the minorities, including the Ahmadis, and adopted measures to pre-empt any developments which would create problems of a law and order nature. These clarifications should allay any misgivings about the situation in respect of discrimination.

A Worker member of Pakistan stated that discrimination based on beliefs, sex, religion or ethnic origin was not permissible, and that the workers' movement believed in tolerance because national unity depended on this. Extremists should not be allowed the possibility to provoke troubles of an ethnic or religious nature. In Pakistan minorities were protected and they were not the object of any discrimination based on religion. The fact that members of these minorities occupied very important posts demonstrated that this tolerance was shown to all religions.

The Employers' members stated that there was no reason to doubt the good faith of the Government and the statements made by the Worker member. The present Committee simply lacked the facts to really evaluate the situation... If the description of the situation as explained was true, further dialogue with the Government on this matter would no longer be necessary.

The Workers' members stated that they had some understanding for countries where one particular religious faith dominated and where the Government tried to put religious minorities in the best situation possible. The fact that a law was adopted by a freely elected body, however, did not necessarily imply that that legislation was wise and just. Furthermore, if people acted contrary to the laws of a country and those laws applied universally, then that was not a matter for this Committee. But if there were special laws or special provisions which applied only to one group, then the Committee of Experts immediately had the right to intervene. This was what happened in the framework of the supervision of Convention No. 111 by the Committee of Experts and they have continued to note, with concern, that these legislative provisions authorised the imprisonment of people for propagating their faith. With regard to the statements made by the Worker member of Pakistan on the subject of extremists, it would be useful to distinguish between an extremist and a person who believed in another religion, other than that of the majority. In any event, the Government should clarify the status of persons covered by Ordinance No. XX by providing information on the cases which have arisen under this Ordinance and the manner in which these cases have been resolved. If the present Committee or the Committee of Experts had detailed information on this point, it would be possible to know not only the state of the legislation, but also the situation in practice with regard to the present Convention. This Committee should be able to hope that it will be able to re-examine this question next year with the benefit of the Committee of Experts' comments.

A Worker member of Pakistan subscribed to the statement made by the Workers' spokesman that the Government should supply detailed information on the status of persons covered by Ordinance No. XX as concerns employment and occupation, in conformity with the request made by the Committee of Experts. In this way, any doubts which members of the present Committee had could be removed.

The Chairman of the Committee stated that he would like to have information concerning the present situation with regard to Ordinance No. XX of 1984.

The Government representative stated that no passports had been refused on the basis of religion. A signed declaration was only required from Muslims If an Ahmadi, a Christian or a Hindu mentioned his religion when requesting a passport, it would not be necessary to sign a declaration. There is. therefore, no discrimination based on religion as concerns obtaining a passport in order to work in a foreign country.

No discrimination against the Ahmadis existed in the field of employment and occupation, and was proven by the number of Ahmadis employed at all levels of administration. Jobs were given on the basis of the qualifications of the candidate in relation to the responsibilities of the post. Ordinance No. XX of 1984 only declared that Ahmadis were a non-Muslim minority which benefited from all the rights and protections provided by the Constitution. If they were the object of any discrimination, they could seek remedies from the civil courts. In any event, Ahmadis were not the object of any discrimination in employment or occupation.

A Worker member of Liberia wondered what the reasons were for requiring that a declaration be signed by a Muslim in order to obtain a passport. Was this a trap to detect those who only pretended to be Muslims in order to obtain employment or to be able to leave the country? In any event, this Ordinance violated the Constitution of Pakistan which provided for religious tolerance. The Committee of Experts, therefore, had the right to request that this Ordinance be reconsidered and that the necessary measures to be taken to bring law and practice into conformity with the Convention. Such measures would be completely in line with the promises made by the Prime Minister to bring all the laws into conformity with the relevant ILO Conventions.

The Workers' members recalled that in previous years a special paragraph in the present Committee's report was devoted to Pakistan. This year, such a paragraph was not necessary because the Government had shown good faith upon which it could be hoped that the Government would send complete reports to the Committee of Experts, reports permitting evaluation of the progress made in the application of Convention No. 111.

The Employers' members supported the statement made by the Workers' members.

The Committee took note of the information provided by the Government representative. as well as of the discussion that took place on the subject of religious tolerance in the context of discrimination in employment and occupation. The Committee noted that the application of the Convention by Pakistan continued to be a source of concern because, notwithstanding the declarations of good intentions, there had been no legislative changes and, in particular, there had been no amendments to Ordinance No. XX of 1984. The Committee expressed the firm hope that the Government would take all the necessary measures, in the very near future, so as to eliminate the discrepancies between the law and practice on one hand, and the provisions of the Convention on the other. The Committee requested the Government to supply detailed information so that next year it would be able to note decisive progress.

The Workers' members recalled that in previous years a special paragraph in the present Committee's report was devoted to Pakistan. This year, such a paragraph was not necessary because the Government had shown good faith upon which it could be hoped that the Government would send complete reports to the Committee of Experts, reports permitting evaluation of the progress made in the application of Convention No. 111.

The Employers' members supported the statement made by the Workers' members.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative stated that there was no discrimination whatsoever against Quadianis in admission to employment or to educational and occupational training institutions. They were a minority treated on a par with the rest of the population and could enter government employment or educational institutions without any bar. There were, in fact, many Quadianis in government service and enrolled in colleges and schools.

The Workers' members thanked the Government representative for these factual explanations, but recalled that the Human Rights Commission of the United Nations had expressed its grave concern that persons charged with and arrested for violations of Ordinance No. XX of 1984, as well as the affected minority as a whole, had been subjected to discrimination in legislation and practice: that Commission had called for the complete amendment of this legislation.

The Employers' members supported the Committee of Experts' request that the Government revise its position and provide a detailed report on the situation.

The Worker member of Pakistan stated that Pakistani workers believed that people of all faiths, colours and creeds should enjoy equal opportunities and pointed out that discrimination was not permissible under his country's Constitution. His own trade union contained persons of all faiths. He had not participated in the proceedings of the Human Rights Commission which had adopted resolution 1985/21. He stated that it was not true that there existed any discrimination on the basis of faith against any minority in the exercise of the rights to education or employment as had been alleged in the report.

The Committee noted that the application by Pakistan of the Forced Labour Convention, 1930 (No. 29), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Fee-Charging Employment Agencies Convention, 1949 (No. 96), the Abolition of Forced Labour Convention, 1957 (No. 105), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), caused it great concern, owing to the failure to supply written replies and information, the lack of legislative change and the fact that for many years there had been hardly any progress. The Committee hopes that the lifting of martial law, the creation of a tripartite commission and consultations with the Office, will soon bring about the progress which had been requested for so long. The Committee decided to include the conclusions on these cases in a special paragraph of its report.

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

Article 2 of the Convention. Equality of opportunity and treatment in employment and occupation for minorities. Public sector.The Committee recalls its previous comments according to which the Punjab Province has been implementing a 5 per cent quota for minority members in the public sector and similar provisions were being implemented in other provinces. The Committee notes that the Government’s report does not contain any information in this regard and is therefore bound to reiterate its previous request. The Committeeasksonce again the Governmentto provide information, including statistics disaggregated by sex and minority group, on the implementation and the concrete impact of the quotas established at federal and provincial levels on the employment of non-Muslim minorities in the public sector.

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

Article 1 of the Convention. Protection of workers against discrimination. Legislative developments. The Committee recalls that following the 18th constitutional amendment of 2010, which devolved the power to enact laws related to labour from the federal Parliament to the provincial governments, Pakistani provincial governments adopted a series of laws such as the Balochistan Payment of Wages Act (2021), the Balochistan Minimum Wages Act (2021), the Punjab Minimum Wages Act (2019), the Sindh Minimum Wages Act (2015) and the Sindh Payment of Wages Act (2015) which prohibit discrimination in remuneration on various grounds, including but not limited to, religion, caste, ethnic background, colour, creed and sect. The Committee welcomes the adoption of these laws, which constitutes progress in the application of the Convention. It notes, however, that the provincial laws do not include all of the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention as they notably omit the grounds of national extraction and social origin. The Committee also notes that the newly adopted laws do not appear to apply to all aspects of employment, namely, access to vocational education and training, employment and particular occupations, and terms and conditions of employment as provided for in Article 1(3) of the Convention. The Committee reiterates 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 2012 General Survey on the fundamental Conventions, paragraph 743). Recalling that it had noted in its previous observation that political opinion was not included as a prohibited ground of discrimination by the Khyber Pakhtunkhwa Provincial Government in 2013, the Committee notes that, in response, the Government has highlighted the inclusion of “political affiliation” in laws adopted in Khyber Pakhtunkhwa and Sindh provinces. The Committee notes that protection against discrimination on the basis of political opinion is broader than protection against discrimination based on “political affiliation” (see 2012 General Survey on the fundamental Conventions, paragraph 805). 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 of the labour laws adopted by the provinces include provisions explicitly defining and prohibiting direct and indirect discrimination, applying to all aspects of employment and occupation, including at the recruitment stage, and covering all workers and at least all of the grounds set out in Article 1(1)(a) of the Convention, including political opinion. The Committee also requests the Government to provide information on any legislative developments in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes from the Government’s report that all five Pakistani provinces have laws against harassment of women at the workplace. It further notes that the Protection against Harassment of Women at the Workplace Act (2010), which covers Islamabad Capital Territory, Khyber Pakhtunkhwa and Sindh provinces, requires all public and private organizations to adopt an internal code of conduct and to constitute a committee to adjudicate complaints against harassment. The Committee notes with interest the enactment of the Balochistan Protection Against Harassment of Women at Workplace Act (2016) which covers all forms of sexual harassment (quid pro quo and hostile work environment) committed not only by a person with authority but also by a colleague and a person or persons with whom women workers have contact through their work. The Committee also notes from the Government’s report that the Government indicated that the Federal Ombudsman Secretariat for Protection against Harassment of Women at Workplace received 441 complaints and the Punjab and Sindh provincial Ombudsmen for Protection against Harassment of Women at Workplace received 98 and 350 complaints, respectively. However, it notes that the time frame in which those complaints were submitted remains unclear. The Committee also welcomes the information provided by the Government regarding the activities organized by the Federal Ombudsman and the Provincial Ombudsmen (Punjab and Sindh) to prevent and address sexual harassment, such as the awareness-raising activities for employers, workers and civil society representatives. The Committee asks the Government to consider extending to men the Protection Against Harassment of Women at the Workplace Act (2010), the Punjab Protection Against Harassment of Women at the Workplace Act (2012), the Balochistan Protection Against Harassment of Women at Workplace Act (2016) and any other relevant legislation adopted by the other provinces so as to protect men against sexual harassment in employment and occupation on an equal footing with women. It further asks the Government to take steps to train labour inspectors and judges on the issue of sexual harassment in employment and occupation and raise awareness of the laws on sexual harassment among workers and employers and their respective organizations as well as the public. Lastly, the Committee asks the Government to continue to provide information on: (i) the implementation of these laws in practice, in particular on the adoption by public and private organizations of internal codes of conduct and the constitution of complaints committees to adjudicate complaints against harassment; and (ii) the number and results (sanctions imposed and remedies granted) of complaints lodged for sexual harassment.

Transgender and intersex persons.The Committee notes with interest the adoption of Act No. XIII of 2018, the Transgender Persons (Protection of Rights) Act, which recognizes the right of persons to choose their gender identity and prohibits, inter alia, discrimination against and harassment of transgender and intersex persons based on sex, gender identity and gender expression, in relation to education, employment, trade and occupation, including termination of employment or occupation. The Committee asks the Government to take steps to raise awareness of the Transgender Persons (Protection of Rights) Act (Act No. XIII of 2018) among workers, employers and their respective organizations as well as enforcement authorities, and provide information on its implementation in practice, including any cases of discrimination based on gender identity dealt with by the labour inspectors or the courts.

Discrimination based on social origin. The Committee recalls its observation expressing concern regarding the continuous de facto segregation and discrimination against Dalits. The Committee notes the Government’s indication that it does not recognize any discrimination among individuals on the basis of their belonging to a specific caste. The Government further indicates that newly adopted provincial laws, such as the Sindh Payment of Wages Act (2015), the Punjab Minimum Wages Act (2019) and the Balochistan Payment of Wages Act (2021), prohibit discrimination based on caste. The Committee reminds the Government that proactive measures are also required to analyse and address the situation of the different groups in the labour market, in cooperation with workers’ and employers’ organizations, and to improve knowledge and awareness among ethnic and national minorities about anti-discrimination and equality legislation, enforcement mechanisms and procedures (see 2012 General Survey on the fundamental Conventions, paragraph 775). In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that measures necessary to end discrimination in employment against Dalits be taken (CERD/C/PAK/CO/21-23, 3 October 2016, paragraph 32). The Committee urges the Government to adopt the necessary measures at the federal and provincial levels to enforce the prohibition of and to eliminate discrimination based on caste with respect to Dalits and promote their inclusion in the labour market in a wider range of jobs. It also asks the Government to provide statistics disaggregated by sex on the employment of Dalits.

Discrimination based on religion. The Committee reiterates its previous observation expressing concern regarding equality of opportunity and treatment in employment and occupation for religious minorities, in particular the members of the Ahmadi minority. It recallsarticle 260(3)(b) of the Constitution that defines a “non-Muslim” as “a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves “Ahmadis” or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes”. The Committee also recalls section 298C of the Penal Code (“blasphemy laws”) that singles out members of the Ahmadi minority, as well as the practice which has the effect of denying the Ahmadi minority from obtaining passports identifying them as Muslims. The Committee notes that such provisions have a bearing on the opportunities of religious minorities regarding employment and that they are contradictory to the labour laws that Pakistani provinces have adopted over the past decade, such as the Balochistan Payment of Wages Act (2021), the Khyber Pakhtunkhwa Payment of Wages Act (2013) and the Sindh Payment of Wages Act (2015), which include “religion” as a ground for non-discrimination. The Committee notes with regret that the Government’s report does not contain any information regarding any steps taken or envisaged to review the discriminatory legislative provisions and administrative measures. It notes that, in a joint statement, United Nations Human Rights Experts have expressed their deep concern over the lack of attention to the serious human rights violations perpetrated against the Ahmadiyya Muslim community around the world, including in Pakistan. They have urged all States inter alia to: (1) repeal all laws that discriminate against Ahmadi Muslims; (2) ensure the equal and effective participation of Ahmadis in public life and in decision-making processes that affect them, including by guaranteeing their access to employment; (3) address the multiple and intersecting forms of violence and discrimination suffered by Ahmadi women; and (4) eliminate discrimination against Ahmadi children and their exclusion from education and vocational training (see special procedures, press release of 13 July 2021). The Committee once again 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 asks the Government to provide information on the access to employment of religious minorities, including those defined in article 260(3)(b) of the Constitution. It further asks the Government to provide information on any other measures taken or envisaged to promote tolerance and equality of opportunity and treatment in employment and occupation for religious minorities.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that according to the Key Findings of Labour Force Survey 2020–21, female participation in the Pakistani labour market remains low at 21.4 per cent of the total workforce, of which 28 per cent work in rural areas. The Committee welcomes the adoption of the Sindh Home-Based Workers Act (2018), the Khyber Pakhtunkhwa Home-Based Workers (Welfare and Protection) Act (2021) and the legislative progress of the Balochistan Home-Based Workers Bill (2021) and the Islamabad Capital Territory Domestic Workers Bill (2021), which provide domestic workers with access to labour rights. The Committee further notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about: (1) “persistent discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, exacerbated by the religious divisions in the State party, which perpetuate women’s subordination to men”; and (2) “the persistence of discriminatory stereotypes faced by women and girls belonging to ethnic minority groups, in particular Ahmadi, Christian, Dalit, Hindu, Roma, scheduled caste, Sheedi and Sikh women and girls, who are sometimes the victims of abduction and forced conversion”. The CEDAW also expressed concerns regarding: (1) the very low labour force participation rate for women; (2) the high concentration of women in the informal economy, particularly in the agriculture sector, where they are not covered by labour law and social security programmes, including minimum wage protection, overtime compensation and maternity leave; (3) the lack of reliable data on the number of women who are employed, including home-based women workers, women domestic workers, unpaid women care workers, women with disabilities and refugee women; (4) the very low level of participation of women in senior and middle management positions in 2018 (4.2 per cent); and (5) the very low percentage of women entrepreneurs (an estimated 1 per cent of entrepreneurs) (CEDAW/C/PAK/CO/5, 10 March 2020, paragraphs 29, 41 and 47(a)). In light of the above, the Committee asks the Government to take proactive measures to: (i) promote women’s access to employment and a wide range of jobs, and to address their low participation in the labour market; and (ii) address discrimination against women, including those belonging to ethnic minority groups, and gender stereotypes regarding their role in employment and society.

It also asks the Government to provide information on: (i) any measures, including those by the inspection staff under the provincial Labour Departments, taken in this regard; (ii) the adoption of the Balochistan Home-Based Workers Bill (2021) and the Islamabad Capital Territory Domestic Workers Bill (2021) and the impact of the new laws relating to home-based workers and domestic workers on their employment situation, in particular their access to their labour rights; and (iii) the participation of men and women in the labour market and the informal economy, by sector and occupational category if possible.

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

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

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.

Repetition

Article 3 of the Convention. Vocational training. The Committee notes the statistics reported by the Government regarding the number of women who have been hired by the federal Government. It also notes from the annual reports of the Federal Public Service Commission (FPSC) for 2011, 2012 and 2013 that many of the vacancies allotted to women and minorities were not filled due to “non-availability of qualified and suitable candidates”. For example, in the Central Superior Services in 2012, 30 of the 55 vacancies allotted for women and minorities have not been filled. The Committee notes that the Government refers to the National Skills Strategy 2009–14, under which placement and career counselling centres were established in collaboration with the private sector. It also notes the activities of the National Vocational and Technical Training Commission and of the apprenticeship training centres of the Provincial Technical Education and Vocational Training Authority. The Committee emphasizes that governments should ensure application of the principles of non-discrimination in respect of employment under the direct control of the Government, including in vocational training and placement services. The Committee requests the Government to provide more information on the measures taken to ensure that women have adequate access to vocational training and placement services in order to ensure that they can benefit from the vacancies allotted to them. The Committee also requests the Government to provide statistical information on the impact of such measures, disaggregated by sex.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Vocational training. The Committee notes the statistics reported by the Government regarding the number of women who have been hired by the federal Government. It also notes from the annual reports of the Federal Public Service Commission (FPSC) for 2011, 2012 and 2013 that many of the vacancies allotted to women and minorities were not filled due to “non-availability of qualified and suitable candidates”. For example, in the Central Superior Services in 2012, 30 of the 55 vacancies allotted for women and minorities have not been filled. The Committee notes that the Government refers to the National Skills Strategy 2009–14, under which placement and career counselling centres were established in collaboration with the private sector. It also notes the activities of the National Vocational and Technical Training Commission and of the apprenticeship training centres of the Provincial Technical Education and Vocational Training Authority. The Committee emphasizes that governments should ensure application of the principles of non-discrimination in respect of employment under the direct control of the Government, including in vocational training and placement services. The Committee requests the Government to provide more information on the measures taken to ensure that women have adequate access to vocational training and placement services in order to ensure that they can benefit from the vacancies allotted to them. The Committee also requests the Government to provide statistical information on the impact of such measures, disaggregated by sex.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender equality and the informal economy. The Committee notes the Labour Policy 2010, according to which the Government states that extending labour protection to the country’s large and diverse informal economy is a major challenge, and that workers in the informal economy, including home workers and domestic workers, will benefit from improved safety and health arrangements, access to social security arrangements, and the payment of minimum wages, where an employee-employer relation is evident. It also notes the Government’s indication that, in order to protect the rights of the home-based workers, most of whom are women, the drafting of a national policy on home-based workers is under way, which will cater to the needs of female workers to make them equal to their male counterparts, and that all the provinces will legislate on issues relating to female home-base workers as the draft national policy is finalized. It further notes that the draft national policy on home-based workers states that the Government shall ratify the Home Work Convention, 1996 (No. 177). The Committee asks the Government to continue to provide information on the specific measures taken to enhance the protection of the workers in the informal economy, including home workers and domestic workers, many of whom are women. It also asks the Government to provide information on any progress made concerning the ratification of the Home Work Convention, 1996 (No. 177), and the adoption of a national policy on home-based workers.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. Prohibition of discrimination. The Committee had previously recalled the importance of adopting non-discrimination and equality legislation in order to give effect to the Convention, and that constitutional protection alone, while being important, may not be sufficient in terms of granting effective protection against discrimination in employment and occupation. The Committee had also asked the Government to provide information on the measures taken with a view to including provisions on non-discrimination and equality in employment and occupation in the draft Employment and Service Conditions Act. The Committee notes the Government’s indication that the draft Employment and Service Conditions Act will be sent to the provinces for consideration. It also notes the Government’s continued reference to the Constitution of Pakistan, that all citizens have equal opportunities in private and public employment, and that the provisions of the law are fully implemented. The Government again states that there is no complaint on record from any industrial or commercial undertaking regarding discrimination in employment and occupation. The Committee recalls that for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination thus continuous action is required to address it and that the absence of complaints of discrimination is not an indication of an absence of discrimination but rather may be a reflection of the absence of an appropriate legal framework. It also recalls that the Convention aims at the protection against discrimination in employment and occupation of all workers, both citizens and non-citizens. The Committee asks the Government to take steps to ensure that the Employment and Service Conditions Act includes provisions expressly defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, for all workers, on at least all the grounds set out in Article 1(1)(a) of the Convention. It also asks the Government to continue to provide information on any progress made in the adoption of the draft Employment and Service Conditions Act, and to provide a copy of the Act as soon as it is adopted.

Equality of opportunity and treatment between men and women. The Committee recalls its previous request for information concerning the National Gender Reform Plan, which according to the Government provides for measures to increase women’s employment in the public sector, and the 10 per cent quota system in government employment at the federal level. It notes that the Government’s report does not contain any detailed information in this regard. The Committee once again requests the Government to provide more detailed information on the implementation of the public sector quota system, including statistical information on the distribution of men and women in the different government departments, jobs and positions.

The Committee notes that according to the Labour Force Survey 2010–11 the labour force participation rate (refined) was 68.7 per cent for men and 21.7 per cent for women (70 per cent for men and 27.6 per cent for women in the rural area; and 66.4 per cent for men and 10.7 per cent for women in the urban area). The Committee notes that the gender differential as regards labour force participation continues to be high, both in the rural area and the urban area. With regard to the employment status of men and women, the Committee notes that the percentage of women in the category of unpaid family workers remains high in 2010–11 (63.4 per cent). Women remain concentrated in unskilled elementary occupations or craft and related trade work. In this context, the Committee notes the observations by the Pakistan Workers Federation (PWF) in their communication dated 30 July 2010 stressing the need for measures to enable women to move from the informal to the formal economy, including extending social security and minimum wages, and training and education for rural women. The Government reiterates in general terms that the labour standard is implemented equally for all workers without any discrimination based on sex and that all citizens without any discrimination have equal access to employment in a factory and to vocational training institutions. The Committee asks the Government to provide detailed information on the specific measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation in the public sector, and the specific measures taken to enable women to move from the informal to the formal economy, as well as statistical information indicating the progress made in enhancing their participation in the labour market both in rural and urban areas. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupation, it also asks the Government to provide information on any measures taken or envisaged to promote equal access of women and girls to education and training at all levels, including in the context of the National Education Policy, as well as up-to-date statistical information in this regard.

Sexual harassment. The Committee recalls its previous request for information on the effective implementation of the Protection against Harassment of Women at the Workplace Act, 2010. It also recalls the observations by the PWF referring to some shortcomings in the implementation of this Act. The Government replies that committees are to be established at the workplace to implement the Act. The Committee notes that the preamble to this Act refers to the protection of women from harassment at the workplace, while the definition of “complainant” means a woman or man who has being aggrieved by an act of harassment (section 2). The Committee asks the Government to provide information on any measures taken or envisaged under the Protection against Harassment of Women at the Workplace Act so as to protect men and women equally against sexual harassment. It also asks the Government to provide information on the practical application of the Act, including the number and nature of workplace committees established, and its impact on preventing and addressing sexual harassment. Please also provide information on the number of complaints lodged with the Ombudsperson or with the Inquiry Committee, pursuant to section 8 of the Act, as well as the remedies provided and sanctions imposed. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the public and private sectors.

Discrimination against minorities. The Committee recalls that the 5 per cent quota for employment of minorities in federal government employment according to the Cabinet decision of 20 May 2009, is to apply to any person who is “a non-Muslim” as defined in article 260(3)(b) of the Constitution, which includes a person belonging to any of the Scheduled Castes. It notes that the Government does not provide any further details on the progress made in implementing the 5 per cent quota. The Committee once again asks the Government to provide information on the progress made in implementing the quota for employment of minorities including those belonging to any of the Scheduled Castes in federal government employment, including statistical information on the number of minority members employed, disaggregated by sex and minority group, and according to government departments, jobs and positions. The Committee also asks the Government to provide information detailing who is considered to belong to the Scheduled Castes, including whether they are non-Muslim.

The Committee had asked the Government to provide information on any developments with regard to the reconstitution of the National Commission for Minorities. It notes that the Government’s report does not contain any information in this regard. The Committee therefore once again asks the Government to provide information on any developments with regard to the reconstitution of the National Commission for Minorities. It also asks the Government to continue to provide information on the implementation of schemes and programmes to promote and ensure equality of opportunity and treatment for minorities in training and education, and also to provide information on any other measures taken to promote access of minorities to employment and occupation, including self-employment.

Discrimination based on social origin. In its previous comments, the Committee had recommended that a prohibition of discrimination based on social origin, including caste, be included in the legislation. The Committee notes the Government’s general statement that the Constitution ensures equal rights to all citizens including minorities, and persons belonging to different castes and social origin. Recalling 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, the Committee asks the Government to take measures to promote and ensure non-discrimination and equality of opportunity and treatment in employment and occupation, irrespective of social origin, including caste, through legislation and other appropriate measures, and to provide specific information in this regard.

Discrimination based on religion. The Committee recalls that the ILO supervisory bodies have expressed concern for many years over the impact of the discriminatory legal provisions and administrative measures on the enjoyment of equality of opportunity and treatment in employment and occupation of religious minorities, in particular the members of the Ahmadi minority. It recalls certain provisions of the Penal Code relating to offences relating to religion (“blasphemy laws”); in particular, section 298C of the Penal Code singles out the members of the Ahmadi minority. It also recalls that Muslims applying for a Pakistani passport must sign a declaration to the effect that the founder of the Ahmadi movement is an impostor, which is designed to prevent members of this movement from obtaining passports identifying them as Muslims. The Committee notes with regret that the Government does not provide any information in response to the Committee’s previous requests concerning the necessary steps to review the discriminatory legal provisions and administrative measures. The Committee urges the Government to take decisive action to review and amend the 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. It also asks the Government to provide information on the employment situation of religious minorities, including those defined in section 260(3)(b) of the Constitution as “a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who calls themselves “Ahmadis” or by any other name, or a Bahai”. It further asks the Government to provide information on any other measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation for religious minorities, including the implementation of the 5 per cent quota for employment of minorities in federal government employment.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Gender equality and the informal economy. The Committee recalls its request to the Government to provide information on the measures taken to provide labour protection to women in the informal economy. In reply, the Government generally refers to the 2009 Labour Protection Policy, which aims at extending protection to workers in the informal economy, the self-employed, contract workers, seasonal workers and home workers. The Committee requests the Government to provide information on the specific measures taken to enhance the protection of these workers, many of whom are women, and to indicate whether any consideration is being given to ratifying the Home Work Convention, 1996 (No. 177).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the adoption on 11 March 2010 of the Protection against Harassment of Women at the Workplace Act and that the definition of sexual harassment under the Act includes both quid pro quo and hostile environment harassment. The Committee notes however that in its comments dated 30 July 2010, the Pakistan Workers Federation refers to some shortcomings in the implementation of this law. The Committee therefore requests the Government to provide information on the effective implementation of the Protection against Harassment of Women at the Workplace Act.

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

Legislation. Prohibition of discrimination. The Committee notes the Government’s statement that under the Constitution of Pakistan, all citizens have equal opportunities in private and public employment and that the labour legislation was being applied equally to all workers, without discrimination. The Government adds that no complaints of discrimination in any industrial or commercial undertaking had been recorded. The Committee notes that the Convention aims at the protection against discrimination in employment and occupation of all workers, both citizens and non-citizens. The Committee also recalls that constitutional protection alone, while being important, may not be sufficient in terms of granting effective protection from discrimination in employment and occupation, and that the mere absence of discriminatory provisions in the legislation does not amount to a prohibition of discrimination, nor does it generally provide an appropriate legal basis for discrimination complaints to be brought.

The Committee recalls that the Convention aims at the elimination of discrimination as defined in Article 1 of the Convention through the adoption and implementation of a national policy to promote equality of opportunity and treatment (Article 2). Under Article 3(b), Pakistan has undertaken to enact such legislation as may be calculated to secure the acceptance and observance of such national policy. The Committee also recalls that, in its 2008 General Report, it stressed the importance of adopting non-discrimination and equality legislation in order to give effect to the Convention. In this context, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100), in which it notes that the Government has prepared a draft Employment and Service Conditions Act which contains a provision on equal remuneration for men and women. The Committee trusts that the Government will give due consideration to introducing into the legislation non-discrimination provisions prohibiting discrimination in employment and occupation based on race, colour, sex, religion, political opinion, national extraction or social origin, and any other ground determined after consultations with workers’ and employers’ organizations, as provided for under Articles 1(1)(a) and 1(1)(b) of the Convention. The Committee recalls that where provisions are being adopted to give effect to the Convention, they should, as a minimum, cover discrimination on all the seven grounds explicitly listed in Article 1(1)(a) of the Convention. It is equally required by the Convention that equality of opportunity and treatment is ensured with respect to selection and recruitment, all terms and conditions of employment, as well as termination. The Committee requests the Government to provide information on the measures taken with a view to including provisions on non-discrimination and equality in employment and occupation in the draft Employment and Service Conditions Act and to provide a copy of the Act as soon as it is adopted.

…

Equality of opportunity and treatment of men and women. The Committee notes that according to the Labour Force Survey 2007/2008, the labour force participation rate (refined) was 69.5 per cent for men and 19.6 per cent for women, whereas the corresponding figures for 2001–02 were 70.3 per cent for men and 14.4 per cent for women. While welcoming the progress made with regard to women’s participation in the labour force, the Committee observes that the gender differential, as regards labour force participation, continues to be high. The Committee also notes that women’s participation rate increased in rural areas, whereas it actually decreased in urban areas. With regard to the employment status of men and women, the Committee notes from data established for 2001–02 and 2007–08, that the percentages of women being employees and own-account workers significantly decreased, combined with a gradual increase of women in the category of unpaid family workers (from 46.9 to 65 per cent). Women remain concentrated in unskilled elementary occupations or skilled agricultural work. In this context, the Committee notes the observations made by the Pakistan Workers Federation (PWF) in their communication dated 21 September 2008, stressing the need for measures to enable women to move from the informal to the formal economy, including through extending social security and minimum wages, and training and education for rural women.

The Committee notes the information provided by the Government in reply to the Committee’s comments regarding gender equality in employment and occupation. The Government indicates that the Ministry of Women’s Development is implementing a National Gender Reform Plan (GRAP) which provides for measures to increase women’s employment in the public sector, including through improvements of office facilities to provide for restrooms and day care facilities. The Government also continued to implement a 10 per cent quota for women in government employment at the federal level; efforts are under way to increase the quota to 20 per cent. The Committee requests the Government to provide more detailed information on the implementation of the public sector quota system, including statistical information on the current distribution of men and women in the different government departments, jobs and positions. The Committee further requests the Government to provide detailed information on the measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation beyond the public sector, as well as statistical information indicating the progress made in enhancing their participation in the labour market, both in rural and urban areas. In this regard, the Committee requests the Government to indicate the specific measures taken:

(i)    to promote gender equality in the private sector; and

(ii)   to enable women to move from the informal to the formal economy.

As regards the access of women and girls to education and training, the Government states that emphasis is presently placed on increasing participation of girls in secondary school education. The measures taken in this area include scholarships and subsidies for low-income households, revision of the curricula and textbooks to avoid gender stereotypical views and media campaigns to change social attitudes towards girls’ education. The new draft National Education Policy sets the target of achieving gender parity among teachers at all levels of education by 2015. The Committee requests the Government to continue to provide information on the measures taken to promote equal access of girls to education and training at all levels, as well as updated statistical information in this regard.

Equality of opportunity and treatment in employment and occupation of minorities. The Committee notes with interest that by a Cabinet decision of 20 May 2009, the Government introduced a 5 per cent quota for the employment of minorities in federal government employment. The modalities of implementation of the quota have been notified in Office Memorandum No. 4/15/94-R-2, dated 26 May 2009, of the Cabinet Secretariat’s Establishment Division. The Committee notes that the quota is to apply to any person who is “a non-Muslim” as defined in article 260(3)(b) of the Constitution (“a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves ‘Ahmadis’ or by any other name, or a Bahai, and a person belonging to any of the Scheduled Castes”). The Committee requests the Government to provide information on the progress made in implementing the 5 per cent quota for employment of minorities in the federal government employment, including statistical information on the number of minority members employed, disaggregated by sex and minority group, and according to government department, jobs and positions.

The Committee further notes that, as indicated by the Government, the National Commission for Minorities, which was formally established in 1993, is non-functional at present, although a proposal to reconstitute it was before the Prime Minister for approval. Chaired by the Minister for Minorities, the Commission is mandated, inter alia, to examine laws and administrative practices alleged to be discriminatory against minorities, to recommend to the Government steps to ensure full and effective participation by minorities in all aspects of national life, and to look into grievances of minority communities. The Committee notes that the Government also implements a development scheme and offers scholarships to minority students. The Committee trusts that the National Commission for Minorities will be reconstituted in the near future and requests the Government to provide information on any developments in this regard. It also asks the Government to continue to provide information on the implementation of schemes and programmes to promote and ensure equality of opportunity and treatment for minorities in training and education, and also to provide information on any other measures taken to promote access of minorities to employment and occupation, including self-employment.

Discrimination based on social origin. The Committee notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 4 March 2009, has expressed concern about the persisting de facto segregation and discrimination against Dalits regarding their enjoyment of economic, civil, political and social rights, and the fact that no specific legislation prohibiting discrimination based on caste has been adopted (CERD/C/PAK/CO/20, 4 March 2009, paragraph 21). Recalling that discrimination based on caste is a form of discrimination based on social origin covered by the Convention, the Committee stresses that ratifying States have an obligation to take effective measures towards the elimination of such discrimination in employment and occupation. In this regard, the Committee recommends that a prohibition of discrimination based on social origin, including caste, be included in the legislation. The Committee also requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, irrespective of caste, through legislation and other appropriate measures.

Discrimination based on religion. The Committee recalls its previous comments concerning certain provisions of the Penal Code relating to offences relating to religion (“blasphemy laws”). Some of these offences single out the members of the Ahmadi minority. For instance, section 298C establishes sentences of imprisonment for up to three years for members of this group who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representations. The Committee also recalls that Pakistani passports include a mention of religion and that Muslims applying for a passport must sign a declaration to the effect that the founder of the Ahmadi movement is an impostor, which is designed to prevent members of this movement from obtaining passports identifying them as Muslims. The Committee recalls that the ILO supervisory bodies have expressed concern for many years over the impact of these measures on the enjoyment of equality of opportunity and treatment in employment and occupation of the religious minority concerned. The Committee also recalls that the United Nations Special Rapporteur on the question of religious intolerance concluded in 1996 that provisions specifically applying to the Ahmadi minority were questionable, stressing that blasphemy legislation should not be discriminatory and should not give rise to abuse. The Special Rapporteur also recommended that no mention of religion should be included in passports and that the declaration mentioned above be deleted (E/CN.4/1996/95/Add.1, paragraphs 82 and 85). More recently, the Committee on the Elimination of Racial Discrimination expressed concern about the risk that blasphemy laws may be used in a discriminatory manner against minority groups (CERD/C/PAK/CO/20, paragraph 19). The Committee also notes that during the Universal Periodic Review of Pakistan under the auspices of the UN Human Rights Council, the Government announced that “specific steps are being considered to strengthen laws and procedures to reduce incidence of their abuse” (A/HRC/8/42/Add.1, 28 August 2008, paragraph 8). While noting the general explanations provided by the Government in its report regarding the protection of freedom of religion available under the Constitution, the Committee once again urges the Government to take the necessary steps to review the abovementioned measures, and to provide information on any steps taken in this regard, as announced during the Universal Periodic Review.

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.

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

Gender equality and the informal economy. The Committee recalls its request to the Government to provide information on the measures taken to provide labour protection to women in the informal economy. In reply, the Government generally refers to the 2009 Labour Protection Policy, which aims at extending protection to workers in the informal economy, the self-employed, contract workers, seasonal workers and home workers. The Committee requests the Government to provide information on the specific measures taken to enhance the protection of these workers, many of whom are women, and to indicate whether any consideration is being given to ratifying the Home Work Convention, 1996 (No. 177).

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

Legislation. Prohibition of discrimination. The Committee notes the Government’s statement that under the Constitution of Pakistan, all citizens have equal opportunities in private and public employment and that the labour legislation was being applied equally to all workers, without discrimination. The Government adds that no complaints of discrimination in any industrial or commercial undertaking had been recorded. The Committee notes that the Convention aims at the protection against discrimination in employment and occupation of all workers, both citizens and non-citizens. The Committee also recalls that constitutional protection alone, while being important, may not be sufficient in terms of granting effective protection from discrimination in employment and occupation, and that the mere absence of discriminatory provisions in the legislation does not amount to a prohibition of discrimination, nor does it generally provide an appropriate legal basis for discrimination complaints to be brought.

The Committee recalls that the Convention aims at the elimination of discrimination as defined in Article 1 of the Convention through the adoption and implementation of a national policy to promote equality of opportunity and treatment (Article 2). Under Article 3(b), Pakistan has undertaken to enact such legislation as may be calculated to secure the acceptance and observance of such national policy. The Committee also recalls that, in its 2008 General Report, it stressed the importance of adopting non-discrimination and equality legislation in order to give effect to the Convention. In this context, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100), in which it notes that the Government has prepared a draft Employment and Service Conditions Act which contains a provision on equal remuneration for men and women. The Committee trusts that the Government will give due consideration to introducing into the legislation non-discrimination provisions prohibiting discrimination in employment and occupation based on race, colour, sex, religion, political opinion, national extraction or social origin, and any other ground determined after consultations with workers’ and employers’ organizations, as provided for under Articles 1(1)(a) and 1(1)(b) of the Convention. The Committee recalls that where provisions are being adopted to give effect to the Convention, they should, as a minimum, cover discrimination on all the seven grounds explicitly listed in Article 1(1)(a) of the Convention. It is equally required by the Convention that equality of opportunity and treatment is ensured with respect to selection and recruitment, all terms and conditions of employment, as well as termination. The Committee requests the Government to provide information on the measures taken with a view to including provisions on non-discrimination and equality in employment and occupation in the draft Employment and Service Conditions Act and to provide a copy of the Act as soon as it is adopted.

Sexual harassment. With regard to its previous comments concerning the prevalence of sexual harassment in the workplace and the ongoing efforts to address it, the Committee notes the Government’s indications that the Ministry of Women’s Development has prepared two draft bills which comprehensively address sexual harassment of women in the workplace. The Committee understands that since the Government submitted its report, the bills were approved by Cabinet on 9 February 2009 and are now pending in Parliament. The Committee requests the Government to provide information on the progress made in adopting legislation on sexual harassment in the workplace, and to provide a copy of the new legislation as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes that according to the Labour Force Survey 2007/2008, the labour force participation rate (refined) was 69.5 per cent for men and 19.6 per cent for women, whereas the corresponding figures for 2001–02 were 70.3 per cent for men and 14.4 per cent for women. While welcoming the progress made with regard to women’s participation in the labour force, the Committee observes that the gender differential, as regards labour force participation, continues to be high. The Committee also notes that women’s participation rate increased in rural areas, whereas it actually decreased in urban areas. With regard to the employment status of men and women, the Committee notes from data established for 2001–02 and 2007–08, that the percentages of women being employees and own-account workers significantly decreased, combined with a gradual increase of women in the category of unpaid family workers (from 46.9 to 65 per cent). Women remain concentrated in unskilled elementary occupations or skilled agricultural work. In this context, the Committee notes the observations made by the Pakistan Workers Federation (PWF) in their communication dated 21 September 2008, stressing the need for measures to enable women to move from the informal to the formal economy, including through extending social security and minimum wages, and training and education for rural women.

The Committee notes the information provided by the Government in reply to the Committee’s comments regarding gender equality in employment and occupation. The Government indicates that the Ministry of Women’s Development is implementing a National Gender Reform Plan (GRAP) which provides for measures to increase women’s employment in the public sector, including through improvements of office facilities to provide for restrooms and day care facilities. The Government also continued to implement a 10 per cent quota for women in government employment at the federal level; efforts are under way to increase the quota to 20 per cent. The Committee requests the Government to provide more detailed information on the implementation of the public sector quota system, including statistical information on the current distribution of men and women in the different government departments, jobs and positions. The Committee further requests the Government to provide detailed information on the measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation beyond the public sector, as well as statistical information indicating the progress made in enhancing their participation in the labour market, both in rural and urban areas. In this regard, the Committee requests the Government to indicate the specific measures taken:

(i)    to promote gender equality in the private sector; and

(ii)   to enable women to move from the informal to the formal economy.

As regards the access of women and girls to education and training, the Government states that emphasis is presently placed on increasing participation of girls in secondary school education. The measures taken in this area include scholarships and subsidies for low-income households, revision of the curricula and textbooks to avoid gender stereotypical views and media campaigns to change social attitudes towards girls’ education. The new draft National Education Policy sets the target of achieving gender parity among teachers at all levels of education by 2015. The Committee requests the Government to continue to provide information on the measures taken to promote equal access of girls to education and training at all levels, as well as updated statistical information in this regard.

Equality of opportunity and treatment in employment and occupation of minorities. The Committee notes with interest that by a Cabinet decision of 20 May 2009, the Government introduced a 5 per cent quota for the employment of minorities in federal government employment. The modalities of implementation of the quota have been notified in Office Memorandum No. 4/15/94-R-2, dated 26 May 2009, of the Cabinet Secretariat’s Establishment Division. The Committee notes that the quota is to apply to any person who is “a non-Muslim” as defined in article 260(3)(b) of the Constitution (“a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves ‘Ahmadis’ or by any other name, or a Bahai, and a person belonging to any of the Scheduled Castes”). The Committee requests the Government to provide information on the progress made in implementing the 5 per cent quota for employment of minorities in the federal government employment, including statistical information on the number of minority members employed, disaggregated by sex and minority group, and according to government department, jobs and positions.

The Committee further notes that, as indicated by the Government, the National Commission for Minorities, which was formally established in 1993, is non-functional at present, although a proposal to reconstitute it was before the Prime Minister for approval. Chaired by the Minister for Minorities, the Commission is mandated, inter alia, to examine laws and administrative practices alleged to be discriminatory against minorities, to recommend to the Government steps to ensure full and effective participation by minorities in all aspects of national life, and to look into grievances of minority communities. The Committee notes that the Government also implements a development scheme and offers scholarships to minority students. The Committee trusts that the National Commission for Minorities will be reconstituted in the near future and requests the Government to provide information on any developments in this regard. It also asks the Government to continue to provide information on the implementation of schemes and programmes to promote and ensure equality of opportunity and treatment for minorities in training and education, and also to provide information on any other measures taken to promote access of minorities to employment and occupation, including self-employment.

Discrimination based on social origin. The Committee notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 4 March 2009, has expressed concern about the persisting de facto segregation and discrimination against Dalits regarding their enjoyment of economic, civil, political and social rights, and the fact that no specific legislation prohibiting discrimination based on caste has been adopted (CERD/C/PAK/CO/20, 4 March 2009, paragraph 21). Recalling that discrimination based on caste is a form of discrimination based on social origin covered by the Convention, the Committee stresses that ratifying States have an obligation to take effective measures towards the elimination of such discrimination in employment and occupation. In this regard, the Committee recommends that a prohibition of discrimination based on social origin, including caste, be included in the legislation. The Committee also requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, irrespective of caste, through legislation and other appropriate measures.

Discrimination based on religion. The Committee recalls its previous comments concerning certain provisions of the Penal Code relating to offences relating to religion (“blasphemy laws”). Some of these offences single out the members of the Ahmadi minority. For instance, section 298C establishes sentences of imprisonment for up to three years for members of this group who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representations. The Committee also recalls that Pakistani passports include a mention of religion and that Muslims applying for a passport must sign a declaration to the effect that the founder of the Ahmadi movement is an impostor, which is designed to prevent members of this movement from obtaining passports identifying them as Muslims. The Committee recalls that the ILO supervisory bodies have expressed concern for many years over the impact of these measures on the enjoyment of equality of opportunity and treatment in employment and occupation of the religious minority concerned. The Committee also recalls that the United Nations Special Rapporteur on the question of religious intolerance concluded in 1996 that provisions specifically applying to the Ahmadi minority were questionable, stressing that blasphemy legislation should not be discriminatory and should not give rise to abuse. The Special Rapporteur also recommended that no mention of religion should be included in passports and that the declaration mentioned above be deleted (E/CN.4/1996/95/Add.1, paragraphs 82 and 85). More recently, the Committee on the Elimination of Racial Discrimination expressed concern about the risk that blasphemy laws may be used in a discriminatory manner against minority groups (CERD/C/PAK/CO/20, paragraph 19). The Committee also notes that during the Universal Periodic Review of Pakistan under the auspices of the UN Human Rights Council, the Government announced that “specific steps are being considered to strengthen laws and procedures to reduce incidence of their abuse” (A/HRC/8/42/Add.1, 28 August 2008, paragraph 8). While noting the general explanations provided by the Government in its report regarding the protection of freedom of religion available under the Constitution, the Committee once again urges the Government to take the necessary steps to review the abovementioned measures, and to provide information on any steps taken in this regard, as announced during the Universal Periodic Review.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes that the Government’s brief report contains very little information concerning the issues raised by the Committee in its previous observation. The Committee requests the Government to ensure that its next report provides full information on all the pending issues, as set out below.

2. Export processing zones (EPZs) and special industrial zones (SIZs). The Committee recalls that it has been commenting for a number of years on the need to adopt appropriate labour laws applicable to EPZs and SIZs which protect workers in these zones from discrimination. Noting that the report contains no information concerning this matter, the Committee urges the Government to ensure that workers in EPZs and SIZs are protected against discrimination. The Committee reiterates its request to the Government to provide information in its next report on any progress made in the preparation of the labour legislation applicable to EPZs and SIZs and the measures taken to ensure that it will reflect fully the principles and objectives of the Convention.

3. Discrimination on the basis of sex. The concerns expressed by the Committee regarding women’s equality of opportunity and treatment in employment and occupation in its previous observations related to the low literacy rate among women, the low school enrolment rates of girls and the high incidence of girls dropping out of school before completing primary education, particularly in rural areas, as well as the segregation in training and employment between men and women. The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 11 June 2007, also expressed concerns over the continuing low representation of women in government service, including the judiciary, and the discrimination faced by women in the formal labour market, as reflected in their high unemployment rates, the gender wage gap and occupational segregation. It was also concerned that women in the informal economy, e.g. homeworkers, lacked protection under the labour laws and recommended ratification of the Home Work Convention, 1996 (No. 177) (CEDAW/C/PAK/CO/3, 11 June 2007, paragraphs 32, 36 and 38). Recalling that the elimination of discrimination against women and ensuring their equal employment opportunities are objectives under the Government’s Labour Policy 2006 and an objective of the Decent Work Country Programme, the Committee requests the Government to provide information on the following:

(a)   the specific measures taken or envisaged to promote women’s equal employment opportunities and to eliminate discrimination on the basis of sex, including measures taken in the context of the ILO technical cooperation project “Women’s employment concerns and working conditions”, as well as any relevant activities of the National Commission on the Status of Women;

(b)   the measures taken to increase the participation of girls and women in education, particularly in rural areas, and on action taken to change social attitudes that prevent them from enjoying their equal rights to education;

(c)   detailed statistical information on the labour force participation of women and men, both in the public and private sectors, as well as on the level of participation of men and women in various fields of education and training;

(d)   indications concerning measures taken to provide labour protection to women in the informal economy, including whether any consideration is being given to ratifying Convention No. 177.

4. The Committee notes that no information has been provided in reply to the Committee’s previous comments concerning the issue of sexual harassment. However, the Committee notes that the Government in its most recent report under the Convention on the Elimination of All Forms of Discrimination against Women referred to several studies indicating that sexual harassment appears to be widespread. The Government also indicated that the Ministry of Women’s Development had initiated work on a code of conduct for gender justice which aims at creating a working environment free from sexual harassment (CEDAW/C/PAK/1-3, 3 August 2005, paragraphs 539 and 542). The Committee urges the Government to take measures to prohibit and prevent sexual harassment at work, in law and in practice, and to keep it informed in this regard. In particular, the Committee reiterates its request to the Government to provide information on the steps taken with a view to preparing and adopting the code of conduct on sexual harassment.

5. Discrimination on the basis of other grounds. Recalling its previous comments concerning the need to ensure that the national policy to promote equality of opportunity and treatment required under Article 2 of the Convention addresses discrimination on all the grounds specified in the Convention, the Committee notes that the Government merely indicates, as it had already in previous reports, that a special quota system for the employment of minorities and a National Commission for Minorities had been established. The Committee notes that on the basis of the information currently at its disposal, it is not in a position to assess how the Convention is applied in Pakistan with a view to promoting equal opportunities of members of minority groups, such as religious minorities, and in tribal areas. The Committee, therefore, urges the Government to provide more detailed information on the operation of the quota system to which it has been referring and its impact on the employment situation of minorities. The Government is also requested to provide information on any other schemes or programmes promoting their equality of opportunity and treatment in employment and occupation, including action taken by the National Commission for Minorities in this regard. Please also provide statistical information indicating to what extent members of the various minorities participate in private and public sector employment.

6. The Committee also recalls its long-standing comments concerning the impact of certain provisions of the Penal Code (sections 295C, 298B and 298C) on the employment and occupation of members of certain religious minority groups, as well as the discussions of the ILO Conference Committee on the Application of Standards on this matter. The Committee recalls that sections 298B and 298C of the Penal Code establish sentences of imprisonment for up to three years for any members of the Quadiani and Lahori groups (which refer to themselves as Ahmadis) who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. The Committee also recalls that in order to obtain a passport, a declaration is required to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee considers that these measures are unacceptable as their application necessarily impairs the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities. In its report, the Government states that the laws concerned had been passed by Parliament and that non-Muslims such as the Quadiani and Lahori enjoyed their civil rights to the same extent as Muslims. While noting this statement, the Committee is bound to again strongly urge the Government to take the necessary steps to review these measures, and to keep the Committee informed of any action taken in this regard.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. National policy to promote equality of opportunity and treatment in employment and occupation. In its previous observation, the Committee drew the Government’s attention to the fundamental nature of the right to non-discrimination and the importance of formulating and implementing a national policy in accordance with the requirements of the Convention. While noting that the Government’s report does not contain any information in this regard, the Committee nevertheless notes that a new Labour Policy was adopted in 2002, following consultations with social partners, which highlights gender equality issues. The Committee also notes that the ILO Decent Work Country Programme for Pakistan provides for strategies and measures to promote and strengthen the the application of the Convention. The Committee looks forward to receiving information on the outcomes of the programmes and activities envisaged.

2. Export processing zones (EPZs) and special industrial zones (SIZs). The Committee previously noted that separate labour laws covering EPZs and SIZs were under preparation and expressed its hope that the Government would take the steps necessary to ensure that the labour laws for these zones fully reflect the principles and objectives of the Convention, in particular the prohibition of discrimination on the grounds listed in Article 1(1)(a) of the Convention, including with regard to terms and conditions of employment and the prevention of and protection from sexual harassment. In this regard, the Committee notes that the Decent Work Country Programme for Pakistan envisages action to ensure that workers in these zones have legal protection in line with international labour standards. The Committee requests the Government to provide information in its next report on any progress made in the preparation of the labour legislation applicable to EPZs and SIZs and the measures taken to ensure that it will reflect the principles and objectives of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest that the 2002 Labour Policy identifies the elimination of gender discrimination as an important objective and acknowledges the need to improve the role and contribution of women in the labour force and to provide them with equal opportunities for employment. The Committee requests the Government to provide detailed information on the different measures taken or envisaged to promote women’s equal employment opportunities and to eliminate discrimination on the basis of sex. In this regard, the Committee reiterates its previous request for information on the structure, mandate and activities of the National Commission on the Status of Women. The Committee also asks the Government to provide statistical information on the labour force participation of women and men, both in the public and private sectors.

4. The Committee notes that the Government’s Labour Protection Policy elaborated in 2005 proposes the assessment of the nature and extent of sexual harassment in the workplace and the preparation a Code of Conduct to guide the actions of enterprises in addressing sexual harassment, depending on the outcome of such assessment. The Committee encourages the Government to ensure that its 2002 general observation on sexual harassment is taken into account in this process. The Committee also requests the Government to provide information on the steps taken with a view to preparing and adopting the Code of Conduct on sexual harassment, and to provide information on any other measures adopted or envisaged, in law and in practice, to prohibit and prevent sexual harassment at work.

5. The Committee stresses that promoting equal access of girls and women to education and training is an important strategy towards the elimination of discrimination against women and the realization of gender equality in employment and occupation. The Committee notes from the Human Development Report of 2004 that the adult literacy rate for women was as low as 28.5 per cent. According to information submitted previously by the Government, about 50 per cent of girls drop out of school before completing primary education, and the drop-out rate for girls in rural areas is as high as 75 per cent. The Government is asked to provide further information on the measures taken and the progress made in increasing participation of girls and women in education, particularly in rural areas, and on action taken to change social attitudes that prevent them from enjoying their equal rights to education. The Committee also invites the Government to provide information on the steps taken to promote women’s access to vocational training and measures for their social-economic empowerment. Finally, the Government is asked to supply statistical information on the level of participation of men and women in education and training.

6. Discrimination on the basis of other grounds. The Committee recalls that a national policy to promote equality of opportunity and treatment should aim at the elimination of discrimination on all the grounds specified in the Convention.  In this regard, the Committee notes that the Government’s report contains no information in reply to the Committee’s previous comments concerning discrimination on the basis of religion. It therefore reiterates its request to the Government to provide information on the measures taken to guarantee in practice non-discrimination on the basis of religion for all aspects of employment, and on the situation of the various religious minorities in employment and occupation. The Committee also urges the Government to respond to its previous request for information on the strategy implemented by the Minorities Affairs Division of the Federal Government and on the work of the National Commission for Minorities, as far as related to the application of the Convention.

7. Further, the Committee recalls its previous comments concerning the impact of certain provisions of the Penal Code (sections 295C, 298B and 298C) on the employment and occupation of members of the Quadiani, Lahori and Ahmadi religious groups. The Committee noted that sections 298B and 298C of the Penal Code establish sentences of imprisonment for up to three years for any members of the Quadiani, Lahori and Ahmadi religious groups who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. The Committee also recalls that in order to obtain a passport, a declaration is required to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee remains concerned that the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities is necessarily impaired by the application of the measures referred to above, and urges the Government to take the necessary measures to review them and to keep the Committee informed of any measures taken in this regard.

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

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

The Committee notes the report of the Government and the communication received from the International Confederation of Free Trade Unions (ICFTU) which has been sent to the Government for comments.

1. In its previous observation, the Committee invited the Government to reply to comments by the All Pakistan Federation of Trade Unions (APFTU) concerning the application of the Convention, alleging that the Government has not held consultations with employers’ and workers’ organizations to facilitate the declaration and pursuance of a national policy to promote equality of opportunity and treatment in respect of employment and occupation as envisaged in the Convention. The Committee notes the Government’s reply that it has always consulted all stakeholders on all important and policy issues of labour relations. It further notes the assurances given by the Government that it will continue to promote the tripartite consultation process in the future and to involve workers’ and employers’ organizations in the decision-making process. The Committee draws the Government’s attention to the fundamental nature of the right to non-discrimination and the importance of formulating and implementing a national policy in accordance with the requirements of the Convention. The Government is urged to cooperate with the social partners with a view to promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation and to keep the Committee informed of developments in this regard.

2. Discrimination on the basis of religion. The Committee notes that the Government did not provide any new information in response to the Committee’s previous requests related to discrimination on the basis of religion. The Committee recalls its hopes that the Government would review section 295C of the Penal Code, or the "Blasphemy Act", which provides that anyone guilty of defiling the name of the Prophet Mohammed could be subjected to the death penalty, and sections 298B and 298C of the Penal Code, which establish sentences of imprisonment for up to three years for any members of the Quadiani, Lahori and Ahmadi religious groups who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. It also requested the Government to reconsider its position with regard to the declaration required to obtain passports, to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee therefore is bound to express its concern once again that the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities is necessarily impaired by the application of the measures referred to above. It also reiterates its request to the Government to provide statistical data on the professional situation of the various religious minorities, including the Ahmadis, with particular regard to their access to employment and their conditions of employment. The Committee also hopes that the Government will provide detailed information on the measures taken to guarantee in practice non-discrimination on the basis of religion for all aspects of employment (that is access to vocational training, employment and the various occupations, as well as terms and conditions of employment). The Committee also reiterates its request for information on the strategy implemented by the Minorities Affairs Division of the Federal Government and on the work of the National Commission for Minorities. It further requests the Government once again to provide information on the implementation and results of the project on the development and strengthening of governmental and non-governmental institutional capacity for the promotion of human rights, implemented by the ILO, which commenced in 1999.

3. Discrimination on the basis of sex. As regards the impact of the measures taken by the Government to combat illiteracy of women and the low participation of women and girls in education and training, the Committee notes from the Government’s report that only marginal progress was made over the last decades. According to the Government, about 50 per cent of girls drop out of school before completing primary education, and that the drop-out rate for girls in rural areas is as high as 75 per cent. In 1991, only 23 per cent among girls between six and 14 years of age from families living below the poverty line were attending schools compared to 54 per cent among boys. The Government states that the reasons for the continuing problems include social attitudes, the lack of mobility of girls and their additional domestic responsibilities, the financial burden for poor families, the lack of educational facilities and the bad state of existing ones as well as the absence of female teachers beyond the primary level. The Committee notes that the Government has planned to increase the allocations for the educational sector to improve the illiteracy rates of women. The Committee also notes that education is an area of concern of the National Plan of Action for Women and that the Government has launched the Khushali Bank and Khushali Pakistan Schemes which aim at giving an impetus to the female literacy rate. The Government is asked to provide further information on these schemes as well as on the measures implemented under the National Plan of Action to promote education and training of women and girls and the progress made in increasing allocations for education. The Committee requests in particular information on measures taken to increase participation of girls in rural areas in primary and secondary education, including action taken to change social attitudes, such as perceived domestic responsibilities and lack of mobility of girls, that prevent them from enjoying their equal rights to education.

4. As regards the need to take measures to combat segregation in training between women and men, the Committee notes with interest that the National Training Bureau launched a women’s training component involving the establishment of a number of training centres offering courses in occupations less traditional for women. The Committee also notes that special programmes and modules are provided for vocational guidance. The Committee invites the Government to provide information on further measures taken in respect of training of women for employment and to supply statistical information on women’s participation in such training. It reiterates its request to provide information on the progress made by the project to establish a national training and resource centre.

5. According to the ICFTU, discrimination against women in access to employment remains pervasive including unequal treatment in terms of pay and working conditions, despite the fact that the Government has taken some steps to encourage equal treatment for women, such as the formation of a National Commission on the Status of Women. This information also contains allegations of many reports of sexual harassment at the workplace. The Committee has repeatedly requested the Government to indicate the measures taken or envisaged to give effect to the recommendations made in 1997 by the National Commission of Inquiry for Women, and particularly its recommendation that a detailed examination be made of laws and regulations that discriminate against women, with the aim of proposing amendments and other remedial measures. While noting from the Government’s report that no legislative or other measure has yet been taken in this regard, the Committee notes the additional measures to promote gender equality announced by the Minister of Labour, Manpower and Overseas Pakistanis on 30 April 2001 as part of a broader package of labour welfare reform. The measures announced include equal remuneration for men and women for work of equal value through appropriate legislation, enhancement of maternity benefits for female mineworkers, safeguards against sexual harassment through appropriate action and the recruitment of female labour inspectors for enforcement of labour law for female workers. The Committee hopes that the Government will take all measures necessary to work towards the elimination of discrimination in employment and occupation on the basis of sex, and in so doing will give due regard to the recommendations made by the 1997 Commission of Inquiry. The Government is asked to provide information in its next report on any measures taken or planned to promote equality for women, including information on the structure, mandate and activities of the National Commission on the Status of Women and the implementation of the measures announced by the Minister of Labour, Manpower and Overseas Pakistanis.

6. Special industrial zones (SIZs) and export processing zones (EPZs). The Committee notes from the report of the Government that separate labour laws for SIZs and EPZs are being finalized. The Committee in particular notes the statement of the Government that the Convention "is being kept in view" while drafting these laws. The Committee hopes that the Government will take the steps necessary to ensure that the labour laws for SIZs and EPZs fully reflect the principles and objectives of the Convention, in particular the prohibition of discrimination on the grounds listed in Article 1(1)(a), including with regard to terms and conditions of employment and the prevention of and protection from sexual harassment. The Government is requested to provide information in its next report on any progress made in this respect and to provide copies of any new laws as soon as adopted.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government and the communication received from the International Confederation of Free Trade Unions (ICFTU) which has been sent to the Government for comments.

1. In its previous observation, the Committee invited the Government to reply to comments by the All Pakistan Federation of Trade Unions (APFTU) concerning the application of the Convention, alleging that the Government has not held consultations with employers’ and workers’ organizations to facilitate the declaration and pursuance of a national policy to promote equality of opportunity and treatment in respect of employment and occupation as envisaged in the Convention. The Committee notes the Government’s reply that it has always consulted all stakeholders on all important and policy issues of labour relations. It further notes the assurances given by the Government that it will continue to promote the tripartite consultation process in the future and to involve workers’ and employers’ organizations in the decision-making process. The Committee draws the Government’s attention to the fundamental nature of the right to non-discrimination and the importance of formulating and implementing a national policy in accordance with the requirements of the Convention. The Government is urged to cooperate with the social partners with a view to promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation and to keep the Committee informed of developments in this regard.

2. Discrimination on the basis of religion. The Committee notes that the Government did not provide any new information in response to the Committee’s previous requests related to discrimination on the basis of religion. The Committee recalls its hopes that the Government would review section 295C of the Penal Code, or the "Blasphemy Act", which provides that anyone guilty of defiling the name of the Prophet Mohammed could be subjected to the death penalty, and sections 298B and 298C of the Penal Code, which establish sentences of imprisonment for up to three years for any members of the Quadiani, Lahori and Ahmadi religious groups who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. It also requested the Government to reconsider its position with regard to the declaration required to obtain passports, to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee therefore is bound to express its concern once again that the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities is necessarily impaired by the application of the measures referred to above. It also reiterates its request to the Government to provide statistical data on the professional situation of the various religious minorities, including the Ahmadis, with particular regard to their access to employment and their conditions of employment. The Committee also hopes that the Government will provide detailed information on the measures taken to guarantee in practice non-discrimination on the basis of religion for all aspects of employment (that is access to vocational training, employment and the various occupations, as well as terms and conditions of employment). The Committee also reiterates its request for information on the strategy implemented by the Minorities Affairs Division of the Federal Government and on the work of the National Commission for Minorities. It further requests the Government once again to provide information on the implementation and results of the project on the development and strengthening of governmental and non-governmental institutional capacity for the promotion of human rights, implemented by the ILO, which commenced in 1999.

3. Discrimination on the basis of sex. As regards the impact of the measures taken by the Government to combat illiteracy of women and the low participation of women and girls in education and training, the Committee notes from the Government’s report that only marginal progress was made over the last decades. According to the Government, about 50 per cent of girls drop out of school before completing primary education, and that the drop-out rate for girls in rural areas is as high as 75 per cent. In 1991, only 23 per cent among girls between six and 14 years of age from families living below the poverty line were attending schools compared to 54 per cent among boys. The Government states that the reasons for the continuing problems include social attitudes, the lack of mobility of girls and their additional domestic responsibilities, the financial burden for poor families, the lack of educational facilities and the bad state of existing ones as well as the absence of female teachers beyond the primary level. The Committee notes that the Government has planned to increase the allocations for the educational sector to improve the illiteracy rates of women. The Committee also notes that education is an area of concern of the National Plan of Action for Women and that the Government has launched the Khushali Bank and Khushali Pakistan Schemes which aim at giving an impetus to the female literacy rate. The Government is asked to provide further information on these schemes as well as on the measures implemented under the National Plan of Action to promote education and training of women and girls and the progress made in increasing allocations for education. The Committee requests in particular information on measures taken to increase participation of girls in rural areas in primary and secondary education, including action taken to change social attitudes, such as perceived domestic responsibilities and lack of mobility of girls, that prevent them from enjoying their equal rights to education.

4. As regards the need to take measures to combat segregation in training between women and men, the Committee notes with interest that the National Training Bureau launched a women’s training component involving the establishment of a number of training centres offering courses in occupations less traditional for women. The Committee also notes that special programmes and modules are provided for vocational guidance. The Committee invites the Government to provide information on further measures taken in respect of training of women for employment and to supply statistical information on women’s participation in such training. It reiterates its request to provide information on the progress made by the project to establish a national training and resource centre.

5. According to the ICFTU, discrimination against women in access to employment remains pervasive including unequal treatment in terms of pay and working conditions, despite the fact that the Government has taken some steps to encourage equal treatment for women, such as the formation of a National Commission on the Status of Women. This information also contains allegations of many reports of sexual harassment at the workplace. The Committee has repeatedly requested the Government to indicate the measures taken or envisaged to give effect to the recommendations made in 1997 by the National Commission of Inquiry for Women, and particularly its recommendation that a detailed examination be made of laws and regulations that discriminate against women, with the aim of proposing amendments and other remedial measures. While noting from the Government’s report that no legislative or other measure has yet been taken in this regard, the Committee notes the additional measures to promote gender equality announced by the Minister of Labour, Manpower and Overseas Pakistanis on 30 April 2001 as part of a broader package of labour welfare reform. The measures announced include equal remuneration for men and women for work of equal value through appropriate legislation, enhancement of maternity benefits for female mineworkers, safeguards against sexual harassment through appropriate action and the recruitment of female labour inspectors for enforcement of labour law for female workers. The Committee hopes that the Government will take all measures necessary to work towards the elimination of discrimination in employment and occupation on the basis of sex, and in so doing will give due regard to the recommendations made by the 1997 Commission of Inquiry. The Government is asked to provide information in its next report on any measures taken or planned to promote equality for women, including information on the structure, mandate and activities of the National Commission on the Status of Women and the implementation of the measures announced by the Minister of Labour, Manpower and Overseas Pakistanis.

6. Special industrial zones (SIZs) and export processing zones (EPZs). The Committee notes from the report of the Government that separate labour laws for SIZs and EPZs are being finalized. The Committee in particular notes the statement of the Government that the Convention "is being kept in view" while drafting these laws. The Committee hopes that the Government will take the steps necessary to ensure that the labour laws for SIZs and EPZs fully reflect the principles and objectives of the Convention, in particular the prohibition of discrimination on the grounds listed in Article 1(1)(a), including with regard to terms and conditions of employment and the prevention of and protection from sexual harassment. The Government is requested to provide information in its next report on any progress made in this respect and to provide copies of any new laws as soon as adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The All Pakistan Federation of Trade Unions (APFTU) has communicated two information documents to the Committee. The first information was contained in a communication dated 25 June 1999 and alleged the violation by the Government of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), following the adoption of Ordinances Nos. V/1999, VI/1999, VIII/1999, IX/1999 and X/1999 amending the legislation governing enterprises which supply water and electricity. With regard to the alleged violation of Convention No. 111, the APFTU does not indicate the grounds of discrimination prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) which are violated by the above Ordinances. The Committee is not therefore able to take a position on the matter and requests the APFTU to provide additional information so that it can examine the above allegations. The second set of information is contained in a communication dated 23 July 1999 and alleges the violation of numerous Conventions, including the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). According to the APFTU, although it has ratified Convention No. 144 which advocates tripartite consultations on, among other matters, the ILO Conventions ratified by a member State, the Government has not held consultations with employers' and workers' organizations to facilitate the declaration and pursuance of a national policy to promote equality of opportunity and treatment in respect of employment and occupation, as envisaged by Convention No. 111. The APFTU also emphasizes the failure to establish a formal tripartite consultation procedure, as required by Convention No. 144. On this latter point, please refer to the Committee's comments under Convention No. 144. The Committee invites the Government to reply to the APFTU's allegations concerning the application of Convention No. 111.

2. Discrimination on the basis of religion. In its previous comments, the Committee hoped that the Government would review section 295C of the Penal Code, or the "Blasphemy Law", which provides that anyone guilty of defiling the name of the Prophet Mohammed could be subjected to the death penalty, and sections 298B and 298C of the Penal Code, which establish sentences of imprisonment for up to three years for any members of the Quadiani, Lahori and Ahmadi religious groups who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. It also requested the Government to reconsider its position with regard to the declaration required to obtain passports, to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. In its report, the Government once again repeats that the fundamental rights enshrined in the Constitution and particularly in articles 20, 27 and 36 on religious freedom and the prohibition of any discrimination based on religion, apply to all the citizens of Pakistan, including religious minorities. The Government states that the blasphemy laws are not discriminatory, since they apply to the whole of the population, and not only to certain groups, and they protect all religions, not only Islam. With regard to the declaration to be signed to obtain Muslim passports, the Government also repeats the same arguments which it put forward previously, namely that under article 60(3)(b) of the Constitution, Ahmadis/Quadianis are not Muslims and that they violate the Constitution when they declare themselves to be Muslims on the application form for passports. Finally, in more general terms, it explains that the legislation criticized by the Committee does not affect the access to employment, training or conditions of employment of Ahmadis/Quadianis and that it therefore has no bearing on the application of the Convention.

3. The Committee is therefore bound to express its concern once again that the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities is necessarily impaired by the application of the measures referred to above. In this respect, it is bound to regret the fact that the Government has not provided statistical data on the professional situation of the various religious minorities, including the Ahmadis, with particular regard to their access to employment and their conditions of employment. As it emphasized in its previous comment, the Committee recalls that this point of view is also shared by the Special Rapporteur to the United Nations Commission on Human Rights and by the Human Rights Commission of Pakistan (E/CN.4/1995/91, 22 December 1994). For this reason, it once again hopes that the Government will reconsider its position with regard to sections 295C, 298B and 298C of the Penal Code and the declaration required to obtain passports. The Committee also hopes that the Government will provide detailed information on the measures taken to guarantee in practice non-discrimination on the basis of religion for all aspects of employment (that is access to vocational training, employment and the various occupations, as well as terms and conditions of employment). Finally, the Committee notes the report presented by the Government in 1996 to the Committee on the Elimination of Racial Discrimination (CERD/C/299/Add.6) and welcomes the many institutions which have been established (Minorities Affairs Division, National Commission for Minorities, Federal Advisory Council for Minorities Affairs, District Minorities Committees, National Committee on the Kalash People, etc.) to promote and protect minority rights. The Committee notes that the Government has not provided information on the strategy implemented by the Minorities Affairs Division of the Federal Government or on the work of the National Commission for Minorities, and it once again requests information on these points. The Committee also notes that the project on the development and strengthening of governmental and non-governmental institutional capacity for the promotion of human rights, implemented by the ILO, commenced in June 1999. It requests the Government to keep it regularly informed of the implementation of the various stages of the project, and the results obtained.

4. Discrimination on the basis of sex. In its previous comment, the Committee noted the fact that, according to the report of the Commission of Inquiry for Women published in August 1997, the illiteracy rate for women was 80 per cent in 1990. It notes the Government's statement that there is no discrimination in education or vocational training on the basis of any of the seven grounds of discrimination prohibited by the Convention, including sex. The Committee welcomes the many initiatives taken by the Government to raise the educational level of women, such as: universal compulsory primary education for girls and boys of 5 to 9 years of age; the efforts made by the Government to increase the enrolment of girls, particularly in rural areas; awareness campaigns to combat illiteracy; the increase in the numbers of public education institutions, as well as private institutions, through financial incentives; the increase in the number of teachers, and particularly women teachers; etc. The Committee would be grateful if the Government would provide information on the impact of these various initiatives on the illiteracy rate of women.

5. The Committee notes that there are a very large number of public and private institutions, at both the federal and provincial levels, providing vocational training. However, the Government's statements suggest that the emphasis in vocational training for women is placed on training for occupations which are considered to be particularly appropriate for women workers, such as tailoring, embroidery, secretarial skills, computer operators, food processing, etc. The Committee also notes that the Government is encouraging girls to opt for scientific subjects. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged to combat segregation in training on gender grounds (for example, by guiding girls towards less traditional occupations and by adopting education policies designed to promote a positive attitude towards the capacities and aspirations of women) and to combat discrimination against women in relation to access to employment and the various occupations. Finally, it once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to the recommendations made in 1997 by the Commission of Inquiry for Women, and particularly its recommendation that a detailed examination be made of laws and regulations that discriminate against women, with the aim of proposing amendments and other remedial measures. It also requests it to provide information on the progress made by the project to establish a national training and resource centre.

6. Special industrial zones (SIZs) and export processing zones (EPZs). Noting that the Government has not replied to certain points raised in its previous comment, the Committee hopes that it will indicate in its next report whether the labour legislation is applicable to SIZs and requests it to provide information on the measures taken to ensure the application in practice of the principle of non-discrimination in EPZs, particularly with regard to terms and conditions of employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In previous comments, the Committee has raised a number of concerns with regard to the application of the Convention. These concerns were shared by the Pakistan National Federation of Trade Unions and the All-Pakistan Federation of Trade Unions in comments made by each organization in 1993, as well as by the Conference Committee in its 1995 discussion.

2. Discrimination on the basis of religion. For some years, the Committee has drawn attention to the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (No. XX of 1984), which added to the Penal Code provisions involving sentences of imprisonment for up to three years for any person of these religious groups who, inter alia, preaches or propagates his faith, whether this be by spoken or written words, or by visible representation (sections 298B and 298C). Section 295C, commonly referred to as the "Blasphemy Law", was incorporated into the Penal Code in 1986. This section provides that anyone guilty of defiling the name of the Prophet Mohammed is to be punished with death. In its report, the Government states -- as it has on previous occasions -- that the substantive impact of the restraints imposed by the Ordinance on Ahmadis is not onerous as the restrictions concern only the public exercise of certain practices. The Government reiterates that the religious practices of the Ahmadis may be observed, so long as they are carried out in private without causing affront to Muslims. The Government states, moreover, that, as the Ordinance does not disqualify Ahmadis/Quadianis from any employment or occupation, it has no relevance to employment opportunities on the basis of religion or belief. On the question that the issue of passports to Muslims is subject to a declaration in writing that the founder of the Ahmadi movement was a liar and an imposter, the Government reiterates that such a declaration was necessary to prevent non-Muslims from obtaining passports which identify them as Muslims; and that, if an Ahmadi identifies himself or herself as such in the application form for a passport, they are not required to sign the declaration.

3. The Government's report also reiterates the indications provided previously concerning the freedom of persons of different religions to join the armed forces. According to the Government, this makes it irrelevant to supply statistical data on the number and percentage of Ahmadis/Quadianis serving in the army, as the Committee had again requested. The report provides further detailed information on the situation of minorities in general, including the number of seats reserved for those minorities in the National Assembly and the Provincial Legislatures, the financial support given to these minorities and the institutional arrangements set up to promote and safeguard the rights of minorities.

4. The Committee welcomes the initiatives taken by the Government to promote the well-being of the minorities in the country. It hopes that the Government will provide, in its next report, further information on the actual strategies carried out by the Minorities Affairs Division of the Federal Government and on the specific work of the Commission for Minorities. The Committee remains concerned, however, that the enjoyment of equality of opportunity and treatment in education and employment by certain of those minorities, such as the Ahmadis, must necessarily be affected negatively by the measures described above. The Committee observes that non-discrimination in employment cannot exist in a vacuum, apart from other human rights. If a society condones intolerance of some form, it is inevitable that discrimination on that basis will be manifested in all areas, including employment. Despite the Government's repeated assertion concerning the safeguards afforded under articles 27 and 36 of the Constitution, the Committee is unable to accept that Ordinance No. XX of 1984 and the required passport declaration do not give rise to discrimination in employment within the meaning of the Convention. This view is supported by the 1995 Conference Committee discussion. In addition, the report of the Special Rapporteur to the United Nations Commission on Human Rights (UN document E/CN.4/1995/91 of 22 December 1994) stated that "... the blasphemy laws are said to help create a climate of religious intolerance and to promote acts of violence affecting the Ahmadi and Christian minorities and even Muslims". The Committee had noted previously that the Supreme Court, in 1993, had declared Ordinance No. XX of 1984 to be in vires with the 1973 Constitution of Pakistan. It also noted, however, that the Human Rights Commission of Pakistan recommended that measures be taken to ensure in practice the constitutional guarantee to every citizen to profess, practise and propagate their religion in full freedom and that the Supreme Court be asked to review its majority ruling on the Ordinance. These indications illustrate that the provisions in question have given rise to concern both within and outside the country.

5. Accordingly, the Committee hopes that the Government will review the relevant provisions of the Penal Code and, more particularly, sections 298B, 298C and 295C, and that measures will be taken to guarantee freedom from discrimination on the ground of religion, both in law and in practice, in all aspects of employment. The Committee also urges the Government to reconsider the declaration required for the issue of passports.

6. Once again, the Committee regrets that the Government has not seen fit to provide statistical data on the number and percentage of Ahmadis serving in the armed forces and the public service, as such data might serve to illustrate that equality of opportunity and treatment in employment is, indeed, accorded to this minority. Noting that work is under way to launch a major human rights project in the country in the course of 1998 -- in which the Office will be involved -- the Committee trusts that the Government and relevant national partners will take this opportunity to consider further and resolve this long-standing issue.

7. Discrimination on the basis of sex. The Committee notes with interest the information provided by the Government concerning the measures proposed to improve the status of girls and women in the Eighth Five-Year Plan (1993-98). The Committee also notes with interest the comprehensive Report of the Commission of Inquiry for Women (August 1997), which contains recommendations for action. Noting the concern expressed in that report over the illiteracy rate of females (the female illiteracy rate was estimated at nearly 80 per cent in 1990 and currently about 70 per cent of those without basic education are girls), the Committee requests the Government to indicate the measures being taken or contemplated to implement the recommendations in this area, as well as those concerning employment, which are contained in the report (Chapter Five: Employment and service laws). In relation to training for employment, the Committee notes that a project for establishing a national training and resource centre has been finalized. Please provide, in future reports, information on the progress of this initiative and on any others concerned with the training of women for employment.

8. Conditions in special industrial and export processing zones. In its previous comments, the Committee noted that the question of excluding the newly established special industrial zones (SIZs) from the application of labour legislation was being examined by the tripartite task force on labour, constituted to suggest ways and means to bring national legislation into conformity with ILO Conventions. The Committee also referred to the situation in export processing zones (EPZs) which are not covered by labour legislation but where non-compulsory minimum social rules (adopted in 1982) apply. These rules, however, do not include guarantees against discrimination. In its reports under Conventions Nos. 87 and 98, the Government has stated, once again, that the recommendations of the task force concerning the exemption of SIZs from the application of labour legislation are under the active consideration of the Government. As concerns the only EPZ yet established in Karachi, where 80 per cent of the 60,000 workers are female, the Government states that the benefits that accrue to these workers are better than those of other workers. It also states that, since social taboos do not favour the unionization of women, these workers have not formed trade unions, but are not barred from forming associations. As the Government has provided no information on the means taken to ensure the application of the principle of the Convention, as requested on a number of occasions, the Committee trusts that this information will be provided in its next report. Please also indicate precisely how many workers are now employed in enterprises established in SIZs and provide information on the measures taken to ensure that the Convention is applied in practice to those workers.

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

1. The Committee notes the information contained in the Government's report concerning the presence of representatives of non-Muslim minorities in the National Assembly and in Provincial Assemblies, as well as on the Advisory Council for Minorities' Affairs. The Committee would also like to be provided with more detailed information on the activities of the National Commission for Minorities, and of the subcommittees which it has recently constituted.

Please also supply any reports or studies undertaken by the Minorities' Affairs Wing of the federal Ministry of Religious Affairs and Minorities' Affairs.

2. Article 2 of the Convention. The Committee notes that the Government repeats that 6 per cent of all vacancies in the federal services are reserved for backward classes, without giving any further details in this respect, and it would be grateful if the Government would supply information in its next report on any measures which have been taken for the effective promotion of equality of opportunity and treatment, without discrimination on grounds of social origin, as well as on the results achieved, particularly with regard to:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in the employment, vocational training and guidance coming directly under the Government's authority;

(ii) through legislation and educational programmes; and

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly with regard to employment in the private sector and matters not covered by collective agreements.

3. With regard to women, the Committee notes the efforts undertaken to improve the social and economic situation of women and the representation of women workers. It notes that employment generation projects for women have been undertaken and requests the Government to continue to keep it informed in future reports of other initiatives in this respect. It also requests the Government to supply up-to-date information on the activities of the Ministry of Women's Development, on the progress made in improving the proportion of women employed in the federal administration following the adoption of the 5 per cent quota and its possible extension to jobs in provincial administrations, on the activities of the Legal Rights Committee and also on the adoption of the "First National Policy for Women". It would be grateful if the Government would supply detailed information on the eighth Five-Year Plan and on the measures taken to give effect to it and the progress made in promoting equality of opportunity and treatment between men and women in employment.

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

The Committee notes the Government's report for the period ending 30 June 1993.

1. With reference to its previous observation, the Committee recalls that two Pakistani trade union organizations, the Pakistan National Federation of Trade Unions (PNFTU) and the All-Pakistan Federation of Trade Unions (APFTU), transmitted comments on the application of the Convention, particularly as regards religious minorities and women workers, on which the Committee was expecting the Government's observations, but to which the Government did not refer specifically in its report. The Committee notes another communication transmitted by the APFTU in October 1994 recalling that the Government was to take economic and social action for women in rural areas with a view to providing them with adequate education and vocational training. The Committee requests the Government to supply its own information in this respect, particularly on the practical measures that it intends to take.

The Committee recalls that the comments of the trade union organizations emphasized the need for the Government to take measures to give practical effect to the Convention, and particularly to eliminate discrimination on the basis of religion, promote equality of opportunity especially for women workers, and increase the awareness of all categories of society in this respect. They suggested that social measures should be adopted to improve the situation. The Committee would be grateful if the Government would indicate in its next report the action that it proposes to take in this respect.

2. With regard to the exclusion from the application of labour legislation of the Special Industrial Zones (SIZs) newly established to attract foreign investors, the Committee notes that, according to the Government, the matter is being examined by a tripartite task force. The Committee also refers to the situation in export processing zones (EPZs), which are not covered by labour legislation but where non-compulsory minimum social legislation applies which does not include guarantees against discrimination. This situation was one of a number examined during the ILO direct contacts mission in January 1994 on the application of Conventions Nos. 87 and 98. The Committee trusts that the principle set out in this Convention will be respected in these zones. The Committee also notes that the Human Rights Commission of Pakistan recommended in its January 1994 report that the practice of permanent exclusion of certain workers from coverage by labour legislation due to their employment in special zones be brought to an end. Although noting the Government's arguments that the wages in these zones are higher and that foreign investors are attracted by fiscal incentives, the Committee emphasizes that the exclusion of workers in these zones from the scope of labour legislation affects the principle set out in the Convention, since it also excludes them from the protection set out in labour legislation against any discriminatory practices. The Committee requests the Government to state the manner in which it intends to ensure the application of the Convention in these zones, particularly in view of the discussions of the above-mentioned tripartite task force.

3. For a number of years, the Committee has been commenting on the provisions of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX), which have been discussed by the Conference Committee on several occasions. The Committee recalls that the provisions of this Ordinance (and particularly section 3(2)) provide for sentences of imprisonment for up to three years for these religious groups for, inter alia, propagating their faith. As the Committee has already indicated, this type of sentence could have a direct effect on their employment opportunities, which is contrary to Article 1, paragraph 1, of the Convention.

In particular, the Committee requested the Government to reconsider the Ordinance and any administrative measures relating to employment which affect the members of religious groups. During the discussion of this case in the Conference Committee in June 1993, the Committee urged the Government to take the necessary measures to guarantee that there is no discrimination in respect of employment, in law or in practice, on the ground of religion.

The Committee notes that the Government once again refers to the Constitution (article 27 of which prohibits discrimination in employment in the national public services, article 36 of which provides that the State shall safeguard the legitimate rights and interests of minorities, as well as their proper representation in federal and provincial government services, and article 20, which guarantees religious freedom). It also reiterates its statement that the Anti-Islamic Activities (Prohibition and Punishment) Ordinance does not affect the employment and education of members of the Ahmadi and Quadiani communities, since discrimination against minorities on the ground of religion or faith is not permitted.

The Committee also notes the Supreme Court ruling of July 1993 declaring that the above Ordinance is in accordance with the provisions of the national Constitution of 1973, a ruling which the Human Rights Commission of Pakistan asks to be reviewed.

In the absence of any measure to bring the legislation into conformity with the Convention and of any progress along the lines of the comments that it has been making for years on the practices covered by this Ordinance, the Committee is bound to urge the Government once again to re-examine this situation in the light of its comments. It recalls that the Office can provide technical assistance to help resolve this difficulty. It requests the Government to supply information on this subject in its next report.

4. In its previous comments, the Committee referred to allegations of dismissal or discriminatory termination of the employment of members of the Ahmadi and Quadiani communities serving in the public service and the armed forces. It noted the explanations provided by the Government and requested statistics on the number and percentage of Ahmadis serving in the administration and the armed forces, as well as on cases of dismissal (and the grounds). The Committee notes the Government's statement that it is unable to provide such statistics, since they are not available, and that it considers them not to be relevant. The Committee repeats its request and recalls the value that it places on being provided with information on decisions relating to the application of the Convention and on relevant reports, studies, surveys, etc. in accordance with points IV and V of the report form for this Convention.

5. Further to its comments on the question that the issue of passports to Muslims is subject to a declaration in writing that the founder of the Ahmadi movement was a liar and an imposter, the Committee notes the Government's expression of willingness to receive technical assistance from the Office on this subject. The Committee notes the explanations provided by the Government and recalls its previous comments concerning the consequences of the procedure for the issue of passports, which obliges Muslims to affirm their faith and affects the right of persons who refuse to do so to seek employment abroad on an equal footing with other nationals. In view of the fact that there is no reference in its report to the Government's wish that the Office provide technical assistance in this respect, the Committee urges the Government to re-examine the situation in the light of its comments and to supply detailed information on this in its next report.

6. The Committee is addressing a request directly to the Government on other points.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. In previous observations, the Committee has raised a number of concerns about the application of the Convention. These concerns were also the subject of comments by the Pakistan National Federation of Trade Unions and by the All-Pakistan Federation of Trade Unions in 1993 which emphasized the need for the Government to take measures to give practical effect to the Convention and particularly to eliminate discrimination on the basis of religion, promote equality of opportunity, especially for women workers, and to increase the awareness of all categories of society in this respect. The Committee notes the information contained in the Government's report, which was also supplied to the Conference Committee in 1995. The Committee also notes the statement of the Government representative to the Conference Committee rejecting the unions' assertions concerning discrimination on the bases of religion and sex.

2. Equality on the ground of religion. For a number of years, the Committee has drawn attention to the provisions of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) which provides for sentences of imprisonment for up to three years for these religious groups for, inter alia, propagating their faith (section 3(2)). Considering that this type of sentence could affect employment, the Committee has requested the Government to reconsider the Ordinance and any administrative measures relating to employment which affect the members of religious groups and to ensure, in law and in practice, compliance with the Convention. The Committee has also referred to allegations of dismissal or discriminatory termination of the employment of members of the Ahmadi/Quadiani communities serving in the public service and the armed forces, and has continued to request statistics on the number and percentage of Ahmadis serving in the administration and the armed forces, as well as on any cases of dismissal, including the grounds for any such dismissals. In addition, the Committee has stated that a declaration asserting the founder of the Ahmadi/Quadiani movement to be a liar and an imposter, which must be signed before a passport is issued, denies those who refuse to sign the declaration the opportunity to seek employment abroad.

3. The Government asserts that the restraints imposed on the Ahmadis by Ordinance No. XX are not onerous because they concern only the public exercise of certain practices: religious practice can be observed so long as this is done in private, without causing affront to Muslims. The Government refers again to the constitutional provisions which provide safeguards against discrimination on the grounds of race, religion, caste, sex, residence or place of birth (article 27) and which impose the obligations on the State to safeguard the legitimate rights and interests of minorities. The Government also reaffirms that, in July 1993, the Supreme Court ruled that Ordinance No. XX was not ultra vires the Constitution. The Government states that minorities are treated both justly and generously by the Government. As concerns employment in the armed forces, the Government states that under section 10 of the Pakistan Army Act every citizen has the right to join the armed forces and that adherence to a particular religion has never been a prerequisite for service: many minorities, including Ahmadis, are serving in the armed forces in accordance with their quota and with the Constitution. The Government states that it does not consider relevant the Committee's request for statistics regarding the number and percentage of Ahmadis serving in the army.

4. In relation to employment in the federal civil service, the Government again states that 6 per cent of all vacancies, other than those filled by merit quota, are reserved for the scheduled castes in order to provide an incentive to eliminate their economic and social backwardness. It adds that some members of the Ahmadi community hold important positions in the civil and military services of the country and that no Ahmadi has been dismissed from government service on religious grounds. The Government provides information on the number of parliamentary seats reserved for minorities, including the Ahmadis, and offers to supply data on minorities once the forthcoming census is completed. In addition to the Advisory Council for Minorities (which meets annually to advise the Government on matters concerning the welfare of minorities), the Government has introduced the Cultural Awards Scheme to promote and preserve the cultural heritage of minorities. The National Commission for Minorities, established in 1993 to examine problems and to make recommendations for action, has established three committees: the Rules and Procedures Committee, the Committee on Education and the Committee on Legislation, the last-mentioned of which is to examine the laws reported to be discriminatory as regards minorities. According to the Government, a programme is also being undertaken in the Ministry of Law and Justice to reform and update the personal laws of minorities and to examine the issue of the delimitation of minority constituencies for the national and provincial assemblies.

5. As concerns the declaration on the passport form, the Government points out again that, as Ahmadis continued to "pose as Muslims", it became necessary to prevent non-Muslims from obtaining passports indicating their religion to be Muslim; and the declaration has proved to be a deterrent differentiating Muslims from Ahmadis. As it has stated on previous occasions, the Government considers that this matter has no relevance with regard to employment opportunities on the basis of religion, as the Ahmadis who are willing to migrate for employment are required simply to indicate their religion on the passport application form, in which case they are not required to sign the declaration: they are then issued passports like other citizens and hence the Convention is not contravened.

6. The Committee notes the discussion of this matter by the Conference Committee, which considered that Ordinance No. XX and the rules for the issuance of passports had serious implications for religious discrimination and advised the Government to avail itself of the technical assistance of the Office. The Committee recalls, as did the Conference Committee, that the Pakistan Human Rights Commission had recommended, in January 1994, that measures be taken both to ensure in practice the constitutional guarantee to every citizen to profess, practise and propagate his religion in full freedom and to move the Supreme Court for a review of its majority ruling on Ordinance No. XX.

7. The Committee regrets that the Government considers as irrelevant its request for statistics on the number and percentage of Ahmadis serving in the armed forces and the public service, more particularly as the Government has stated that minorities are employed in these areas in accordance with fixed quotas, which would suggest that such data are collected. Accordingly, the Committee hopes that the Government will reconsider its position on this matter. In these circumstances, the Committee must urge the Government to reconsider Ordinance No. XX and ask that it will take the necessary measures to guarantee freedom from discrimination on the ground of religion, both in law and in practice, in all aspects of employment. The Committee also hopes that its comments, as well as those of the Conference Committee, will be brought to the attention of the National Commission for Minorities, where consideration could be given to the measures to be taken to bring national law and practice into compliance with the provisions of the Convention. The Committee requests the Government to provide information on the activities of the Commission in this respect.

8. Equality on the ground of sex. The Government states that although gender equality is guaranteed constitutionally and legally, this equality is not reflected in practice, due to the socio-cultural constraints that have endured for centuries. The Government refers to the Seventh Five-Year Plan (1988-93) which contained a range of measures to improve the low status of women and to accord them equality of opportunity in education, health, employment and in other spheres of life. Reference is made in the report to the projects sponsored by the Ministry of Women's Development and to the special credit facilities arranged for women through the First Women Bank. As concerns the amendment of legislation considered discriminatory, the Government indicates that the recommendations of the Legal Rights Committee have been pursued with the agencies concerned. Information is also provided on the creation of five women's study centres in various universities. A draft First National Policy for Women, being prepared by the Ministry of Women's Development, in collaboration with the ILO and UNICEF, will, according to the report, be discussed at seminars and at workshops at both the regional and national levels and will be announced after approval by Cabinet.

9. The Committee asks the Government to provide information, in its next report, on the impact of these various initiatives and, in particular, on the specific measures taken or contemplated to amend legislation which has a discriminatory effect on women's enjoyment of equality of opportunity and treatment in employment, whether of a direct or indirect nature. The Committee also requests the Government to indicate the number of programmes to build awareness among leaders of public opinion and the public at large regarding the need to eliminate discrimination against women and about the economic and social consequences of such discrimination. In this regard, the Government is asked to indicate whether these programmes appear to have had an impact on increasing the literacy rate of girls and women which, according to figures cited during the 1995 Conference Committee discussion, appear to be very low, as compared with that of men. During this discussion, the Government had indicated that the Task Force on Labour had recommended the appointment of a special committee to formulate recommendations on the socio-economic status of women, and the Committee requests information on any developments in this regard.

10. Conditions in special industrial and export processing zones. In its previous comments, the Committee noted that the question of excluding the newly established special industrial zones (SIZs) from the application of labour legislation was being examined by the tripartite Task Force. The Committee also referred to the situation in export processing zones (EPZs), which are not covered by labour legislation but where non-compulsory minimum social legislation applies, but this does not include guarantees against discrimination. The Government states that the recommendations of the tripartite Task Force concerning SIZs are being considered by the Cabinet Committee. The Committee notes, however, that while the Government provided information concerning the Karachi EPZ, the only one to have been established so far, no information was provided concerning the application of the principle of non-discrimination in that zone, which comprises 6,000 workers, of whom 80 per cent are women. Accordingly, the Committee again requests the Government to state the manner in which it ensures the application of the Convention in these zones.

11. In view of the long-standing dialogue on the application of the Convention, the Committee suggests that the Government give consideration to receiving technical assistance from the Office.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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. Regarding the employment of religious and ethnic minorities, the Committee notes with interest the establishment and terms of reference of a 15-member National Commission for Minorities comprising secretaries of ministries, members of national and provincial assemblies and one notable of the minority community. The Committee would be grateful if the Government would supply information on the activities of the National Commission for Minorities including any reports or studies undertaken at the request of the Commission and the results achieved, in particular with regard to laws, procedures and grievances concerning discrimination towards minorities which are areas specifically listed in the Commission's terms of reference. The Government is also requested to supply with its next report any reports or studies relevant to education, training, employment, occupation and conditions of work undertaken by the Minorities Affairs Wing of the federal Ministry of Religious Affairs and Minorities Affairs, the Advisory Council for Minorities Affairs functioning under the auspices of the Ministry and District Minorities Committees referred to in the Government's previous report.

2. Noting that the Government merely repeats that 6 per cent of all vacancies in the federal services are reserved for minorities - and backward classes according to earlier government reports - the Committee would be grateful if the Government would supply detailed information on current measures taken in respect of education, vocational training, employment, occupation and conditions of work concerning the scheduled castes or backward classes.

3. The Committee notes with interest the detailed information supplied on the achievements of the Sixth Five-Year Plan (1983-88) for the improvement of women, in particular: the upgrading of the Women's Division to a fully fledged Ministry of Women's Development; the reservation of 5 per cent of the vacancies in government departments for women; the establishment of the Legal Rights Committee to examine laws which may be discriminatory against women with a view to their amendment; the establishment of the Computer Training Centre in Islamabad; the establishment of women's studies centres in various universities; and the preparation of a draft "First National Policy for Women" in collaboration with the International Labour Office and UNICEF.

The Committee would be grateful if the Government would continue to supply information on the implementation and operation of the above activities concerning women workers. In particular, it requests the Government to provide information on the adoption of the First National Policy for Women and the progress of the Women's Legal Rights Committee in carrying out its task of examining laws which discriminate against women and in the amendment of such laws.

The Committee also requests the Government to supply in its next report detailed information on the Government's Seventh Five-Year Plan, as well as measures taken to follow up the Plan and the results achieved in promoting equality of opportunity and treatment between men and women in employment and occupation.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It notes the information supplied by the Government representative and the discussions which took place in the Conference Committee in 1993. It also notes the comments of the Pakistan National Federation of Trade Unions (PNFTU) and the All Pakistan Federation of Trade Unions (APFTU), which were transmitted to the Government in October and November 1993 respectively.

1. The Committee notes that, according to the PNFTU, the Government should consider seriously the outstanding comments on the application of the Convention and take appropriate action in line with the spirit of the Convention. It also notes the APFTU's comment that, while the national Constitution prohibits discrimination on the grounds of race, colour and creed, the Government has been urged by the trade union movement to eliminate discrimination on the basis of religion and to do more to raise awareness among all sectors of society on the need for equal opportunities for employment, particularly for women workers; it also notes the APFTU's reference to the Government's recent creation of a Commission on Minorities for their social and economic improvement. The Government has not transmitted its comments on these communications. The Committee recalls that it is still awaiting a reply from the Government to the APFTU's comment dated January 1993 on the proposed exclusion of newly established Special Industrial Zones from the labour legislation, thus excluding them from the protection afforded by this Convention. It accordingly expresses the firm hope that the Government will provide replies on these issues in its next report so that the Committee will be in a position to examine them at its next session.

2. As regards the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) the provisions of which permit the imprisonment of members of the religious groups concerned for, inter alia, propagating their faith, and which thus have a direct bearing on their employment opportunities, the Committee notes the Government representative's statement to the Conference Committee that the Ordinance does not affect the employment and education of members of the Ahmadi/Quadiani community as there was no question of dismissal of any member of this community from service on the basis of religion, and that this was ensured by the provisions of the Constitution and the Penal Code. Observing that the Government has repeatedly referred to these statutory provisions in the past discussion of this issue, the Committee cannot but regret that there have been no new developments towards the amendment of Ordinance No. XX, which clearly affects members of religious groups in employment on the basis of their religion, contrary to Article 1, paragraph 1(a), of the Convention. It urges the Government to take measures to bring the legislation into conformity with the Convention and recalls that the technical assistance of the Office is at the Government's disposal on this point.

3. Noting the statement of the Government representative to the Conference Committee that information on the number and percentage of Ahmadis/Quadianis serving in the armed forces and the number of dismissals was not collected on the basis of religion and therefore was not available, the Committee is obliged to repeat the principle of non-discrimination on religion laid down in the Convention. It hopes that future reports will contain indications of any cases of dismissals in the armed forces and the public service in general that are challenged on the basis of allegedly discriminatory reasons underlying that administrative action.

4. Noting that the Government representative at the Conference Committee suggested that the question of the non-issue of passports to a Muslim if the applicant does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an imposter "might be the subject of advice from ILO technical assistance", the Committee trusts that the Government's next report will indicate whether it wishes to avail itself of such assistance, as it recently has, for instance, in the context of Convention No. 87.

5. The Committee hopes that a report will be provided for examination at its next session and that the Government will make every effort to take the necessary action on all the points outlined above in the very near future.

6. The Committee is addressing a direct request to the Government on other matters.

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

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its reports.

1. Regarding the employment of religious and ethnic minorities, the Committee notes with interest the establishment and terms of reference of a 15-member National Commission for Minorities comprising secretaries of ministries, members of national and provincial assemblies and one notable of the minority community. The Committee would be grateful if the Government would supply information on the activities of the National Commission for Minorities including any reports or studies undertaken at the request of the Commission and the results achieved, in particular with regard to laws, procedures and grievances concerning discrimination towards minorities which are areas specifically listed in the Commission's terms of reference. The Government is also requested to supply with its next report any reports or studies relevant to education, training, employment, occupation and conditions of work undertaken by the Minorities Affairs Wing of the federal Ministry of Religious Affairs and Minorities Affairs, the Advisory Council for Minorities Affairs functioning under the auspices of the Ministry and District Minorities Committees referred to in the Government's previous report.

2. Noting that the Government merely repeats that 6 per cent of all vacancies in the federal services are reserved for minorities - and backward classes according to earlier government reports - the Committee would be grateful if the Government would supply detailed information on current measures taken in respect of education, vocational training, employment, occupation and conditions of work concerning the scheduled castes or backward classes.

3. The Committee notes with interest the detailed information supplied on the achievements of the Sixth Five-Year Plan (1983-88) for the improvement of women, in particular: the upgrading of the Women's Division to a fully-fledged Ministry of Women's Development; the reservation of 5 per cent of the vacancies in government departments for women; the establishment of the Legal Rights Committee to examine laws which may be discriminatory against women with a view to their amendment; the establishment of the Computer Training Centre in Islamabad; the establishment of women's studies centres in various universities; and the preparation of a draft "First National Policy for Women" in collaboration with the International Labour Office and UNICEF.

The Committee would be grateful if the Government would continue to supply information on the implementation and operation of the above activities concerning women workers. In particular, it requests the Government to provide information on the adoption of the First National Policy for Women and the progress of the Women's Legal Rights Committee in carrying out its task of examining laws which discriminate against women and in the amendment of such laws.

The Committee also requests the Government to supply in its next report detailed information on the Government's Seventh Five-Year Plan, as well as measures taken to follow up the Plan and the results achieved in promoting equality of opportunity and treatment between men and women in employment and occupation.

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

The Committee notes the information contained in the Government's report and attached documentation. The Committee also notes the communication of the All Pakistan Federation of Trade Unions, dated 3 January 1993, alleging that the Government intends to exclude newly established industrial zones from the labour legislation thereby removing them from the protection of this Convention. A copy of the communications was transmitted to the Government in January 1993. The Committee hopes that the Government will provide its comments on this communication in its next report so that it will be in a position to examine them at its next session.

1. In previous observations, the Committee referred to a resolution of the Subcommission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights, which expressed grave concern that persons charged with and arrested for violations of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ordinance No. XX of 1984) and also the affected groups as a whole had been subjected to discrimination in employment and education. The Committee noted that under the provisions of Ordinance No. XX (section 3(2), in particular) members of the religious groups concerned may be sentenced to imprisonment, inter alia, for propagating their faith and that such a punishment has a direct bearing on their employment opportunities. It thus requested the Government to review this matter and take the measures necessary to bring the legislation and practice into conformity with the Convention.

The Committee notes the Government's statements in the Conference Committee in 1989 and in its most recent reports that discrimination on the grounds of religion or faith is not allowed against minorities, including Quadianis; that the Constitution of Pakistan provides equal opportunities in employment and education to every citizen of Pakistan regardless of faith or religion; and, that Ahmadis/Quadianis are eligible to compete for all vacant posts in all categories of the services of Pakistan. Specifically, the Government refers to article 27 of the Constitution which prohibits discrimination in the matter of appointments in the services of Pakistan on the basis of race, religion, caste, sex, residence or place of birth; and, to article 36 of the Constitution which provides that the State shall safeguard the legitimate rights and interests of minorities, including their due representation in the services of the federal and provincial Governments. The Government also states that the Pakistan Penal Code imposes an obligation on all citizens, regardless of their religion, to respect the religious sentiments of others and that any infringement of that obligation is prohibited and punishable. According to the Government, this provision applies to the religious practices of the Ahmadis/Quadianis as well as to other citizens, including Muslims. The Government further reports that the Ahmadis/Quadianis filed a petition in the Federal Shariat Court challenging Ordinance No. XX, that this Court dismissed the petition and that in 1988 the Ahmadis/Quadianis withdrew the appeals they had instituted before the Supreme Court against that dismissal.

The Committee takes note of these statements. However, it must once again observe that the provisions of Ordinance No. XX (particularly section 3(2)) provide for members of the religious groups concerned to be sentenced to imprisonment, inter alia, for propagating their faith. The Committee reiterates that the punishment of imprisonment prescribed by Ordinance No. XX could have a direct bearing on their opportunities regarding employment as guaranteed by Article 1, paragraph 1, of the Convention. With a view to ensuring observance of the Convention, the Committee again expresses the hope that the Ordinance, which affects members of religious groups in employment, will be reconsidered and that the necessary measures will be taken to bring legislation and practice into conformity with the Convention. Pending amendment of the legislation, it requests the Government to supply information on the application of the Ordinance and in particular on the employment and occupation status of those to whom it has been applied.

2. The Committee, in previous observations, referred to the allegation transmitted by a Special Rapporteur appointed in accordance with resolution 1986/20 of the United Nations Commission on Human Rights to the Government of Pakistan that a first-class technician in the air force was dismissed from his function for belonging to the Ahmadi faith (E/CN.4/1989/44, page 29). The Government states that this technician was dismissed on the grounds of some other offence and in the interest of public service, not because he belongs to the Ahmadi/Quadiani faith. The Government further indicates that many minorities, including Ahmadis/Quadianis, are serving in the armed forces according to their quota and the Constitution of Pakistan, and that the military law of Pakistan fully safeguards the interests and rights of the minorities, including Ahmadis/Quadianis.

Noting these indications, the Committee requests the Government to provide in its next report statistical information on the number and percentage of Ahmadis/Quadianis serving in the armed forces and the number, if any, dismissed from such employment and the reasons cited for their dismissals so as to enable the Committee to ascertain that no discrimination is involved on the grounds prohibited by the Convention.

3. In previous observations, the Committee also referred to the written statement submitted by the Anti-Slavery Society for Protection of Human Rights to the Commission on Human Rights (E/CN.4/1987/NGO/67), in which it was alleged, inter alia, that the issue of a passport is refused to a Muslim in Pakistan if the applicant does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an impostor. The Committee noted that such measures clearly would deprive persons of the freedom to choose an employment abroad and result in discrimination in access to employment on the ground of religion.

The Government states that the objective of the declaration in the passport application is to differentiate Muslims from non-Muslims, and not to deprive anyone from receiving a passport and choosing employment abroad. According to the Government, non-Muslims are not required to sign the above declaration and under section 3(b) of article 260 of the Constitution of Pakistan, 1973, persons belonging to the Quadiani or Lahori group are declared as "non-Muslim". Notwithstanding this provision, the Government states that members of such groups continue to call themselves Muslim and for this reason the declaration is required. In this regard, the Committee would draw attention to Article 1, paragraphs 1(a) and (b), of the Convention which requires the protection of persons against any form of discrimination in employment based on religion, even that which is indirect and unintended. The Committee would therefore be grateful if the Government would supply full information on the effect in practice of the declaration requirement on members of the Quadiani or Lahori group applying for and receiving passports and on the measures taken to ensure that such group members are effectively guaranteed their freedom to seek employment abroad on the same footing as other nationals.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

The Committee notes the information supplied by the Government in its report.

1. It notes, in particular, information on the measures taken in respect of education, vocational training, employment and conditions of employment available to religious and ethnic minorities. The Committee would appreciate it if the Government would continue supplying information in this regard, including any reports or studies undertaken by the Minorities Affairs Wing of the Federal Ministry of Religious Affairs and Minorities Affairs, the Advisory Council for Minorities Affairs functioning under the auspices of the Ministry and District Minorities Committees referred to in the Government's report. The Committee requests the Government to supply information also on similar activities concerning the scheduled castes or backward classes.

2. The Committee notes the information supplied by the Government on the achievements of the Sixth Five-Year Plan (1983-88) for the uplift of women. The Committee notes the Government's statement in its report that although positive results have been achieved in the field of education, health, social welfare and employment there still remains much to be done. The Committee would appreciate receiving more detailed information on measures taken to follow up the Sixth Five-Year Plan and on any other plans or programmes designed to promote equality of opportunity and treatment in respect of employment and occupation for female workers.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the discussion in the Conference Committee in 1989. In the absence of a report and of new information supplied by the Government, the Committee must repeat its previous observation which read as follows:

In previous observations, the Committee referred to a resolution of the Subcommission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights, which expressed grave concern that persons charged with and arrested for violations of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ordinance No. XX of 1984) and also the affected groups as a whole had been subjected to discrimination in employment and education. The Committee requested the Government to review this matter and take the measures necessary to ensure the observance of the Convention. The Committee notes the statement of the Government in its report that there is full religious freedom for all the minorities including quadianis, that the interests of minorities are fully safeguarded, that all minorities including quadianis have the right to profess, practise and propagate their religion, that they have also the right to establish and maintain religious institutions, and that it is hence not true that in Pakistan quadianis or members of any other minority are being subjected to discrimination based on faith or religion. The Committee also notes the observation supplied by the Pakistan National Federation of Trade Unions stating that the law does not debar the quadianis from propagating their faith as "quadianis". The Committee takes note of these indications. It must, however, point out that under the provisions of Ordinance No. XX (section 3(2), in particular) members of the religious groups concerned may be sentenced to imprisonment, inter alia, for propagating their faith. The Committee, in its previous observation, pointed out that such punishment has a direct bearing on their opportunities regarding employment. It wishes to refer, in this context, to the allegation transmitted by a Special Rapporteur appointed in accordance with resolution 1986/20 of the United Nations Commission on Human Rights to the Government of Pakistan that a first-class technician in the air force has been dismissed from his function for belonging to the Ahmadi faith (E/CN.4/1989/44, p. 29). The Committee also noted the written statement submitted by the Anti-Slavery Society for Protection of Human Rights to the Commission on Human Rights (E/CN.4/1987/NGO/67, 6 March 1987), in which it was alleged, among other things, that the issue of a passport is refused to a Muslim in Pakistan if he does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an impostor. Such measures would clearly deprive persons of the freedom to choose an employment abroad and result in discrimination in access to employment on the ground of religion. With a view to ensuring the observance of the Convention, the Committee again expresses the hope that the Ordinance and any administrative measures affecting members of religious groups in employment will be reconsidered and that the necessary measures will be taken in this regard to bring legislation and practice into conformity with the Convention. Pending amendment of the legislation, the Committee requests the Government to supply detailed information on the status of persons covered by the Ordinance in their employment and occupation, including their freedom to seek employment abroad on the same footing as other nationals.

TEXT

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

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report.

1. It notes, in particular, information on the measures taken in respect of education, vocational training, employment and conditions of employment available to religious and ethnic minorities. The Committee would appreciate it if the Government would continue supplying information in this regard, including any reports or studies undertaken by the Minorities Affairs Wing of the Federal Ministry of Religious Affairs and Minorities Affairs, the Advisory Council for Minorities Affairs functioning under the auspices of the Ministry and District Minorities Committees referred to in the Government's report. The Committee requests the Government to supply information also on similar activities concerning the scheduled castes or backward classes.

2. The Committee notes the information supplied by the Government on the achievements of the Sixth Five-Year Plan (1983-88) for the uplift of women. The Committee notes the Government's statement in its report that although positive results have been achieved in the field of education, health, social welfare and employment there still remains much to be done. The Committee would appreciate receiving more detailed information on measures taken to follow up the Sixth Five-Year Plan and on any other plans or programmes designed to promote equality of opportunity and treatment in respect of employment and occupation for female workers.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

In previous observations, the Committee referred to a resolution of the Subcommission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights, which expressed grave concern that persons charged with and arrested for violations of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ordinance No. XX of 1984) and also the affected groups as a whole had been subjected to discrimination in employment and education. The Committee requested the Government to review this matter and take the measures necessary to ensure the observance of the Convention.

The Committee notes the statement of the Government in its report that there is full religious freedom for all the minorities including quadianis, that the interests of minorities are fully safeguarded, that all minorities including quadianis have the right to profess, practise and propagate their religion, that they have also the right to establish and maintain religious institutions, and that it is hence not true that in Pakistan quadianis or members of any other minority are being subjected to discrimination based on faith or religion. The Committee also notes the observation supplied by the Pakistan National Federation of Trade Unions stating that the law does not debar the quadianis from propagating their faith as "quadianis".

The Committee takes note of these indications. It must, however, point out that under the provisions of Ordinance No. XX (section 3(2), in particular) members of the religious groups concerned may be sentenced to imprisonment, inter alia, for propagating their faith. The Committee, in its previous observation, pointed out that such punishment has a direct bearing on their opportunities regarding employment. It wishes to refer, in this context, to the allegation transmitted by a Special Rapporteur appointed in accordance with Resolution 1986/20 of the United Nations Commission on Human Rights to the Government of Pakistan that a first-class technician in the air force has been dismissed from his function for belonging to the Ahmadi faith (E/CN.4/1989/44, p. 29). The Committee also noted the written statement submitted by the Anti-Slavery Society for Protection of Human Rights to the Commission on Human Rights (E/CN.4/1987/NGO/67, 6 March 1987), in which it was alleged, among other things, that the issue of a passport is refused to a Muslim in Pakistan if he does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an impostor. Such measures would clearly deprive persons of the freedom to choose an employment abroad and result in discrimination in access to employment on the ground of religion.

With a view to ensuring the observance of the Convention, the Committee again expresses the hope that the Ordinance and any administrative measures affecting members of religious groups in employment will be reconsidered and that the necessary measures will be taken in this regard to bring legislation and practice into conformity with the Convention. Pending amendment of the legislation, the Committee requests the Government to supply detailed information on the status of persons covered by the Ordinance in their employment and occupation, including their freedom to seek employment abroad on the same footing as other nationals.