Right of Association (Agriculture) Convention, 1921 (No. 11) - Pakistan (Ratification: 1923)

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

In its previous comment, the Committee had trusted that the Government will ensure that it, as well as all the governments of the provinces, take the necessary measures to ensure that all workers engaged in agriculture, including in small agricultural holdings which do not run an establishment or farmers working on their own or with their family, enjoy the rights afforded by the Convention in law and in practice. The Committee notes the Government’s indication that: (i) the share of agriculture in the employed labour force in Pakistan (67.24 million) amounts to 37.4 per cent; (ii) all federal and provincial Industrial Relations Acts are applicable only to formal sector workers; (iii) the Industrial Relations Act 2012 (hereafter IRA 2012) – which covers all persons employed in any establishment or industry in the Islamabad Capital Territory or carrying on business in more than one province – does not cover the agricultural workers in its ambit, however there is no restriction on agricultural workers to form a union; (iv) Sindh Industrial Relations Act, 2013 (hereafter SIRA 2013) provides expressly in its section 1(3) that the scope of the Act extends to all persons employed in any establishment or industry, “including fishing and agriculture”, and Balochistan Industrial Relations Act, 2022 (hereafter BIRA 2022) provides in its section 1(4) that the Act shall apply to all workers and employers at all workplaces working or conducting business within Balcohistan; (v) till date, the Government of Sindh has registered four unions of agriculture workers and two associations of landlords of agriculture farms; (vi) workers engaged in agriculture holdings which do not run an establishment or farmers working on their own or with family are out of the ambit of industrial relation laws. However, there is no restriction on agriculture workers to form a union. Further, they are allowed to form a cooperative society for promotion of their economic interests in accordance with co-operative principles, or a society established with the object of facilitating the operations of such a society and; (vii) the provinces are actively amending/promulgating the law relating to the right of association and extending its application to informal sector including the agriculture.

The Committee notes that even though IRA 2012; Punjab Industrial Relations Act, 2010 (hereafter PIRA 2010); and Khyber Pakhtunkhwa Industrial Relations Act, 2010 (hereafter KPIRA 2010) provide in their section 1(3) that they apply to “all persons employed in any establishment or industry” in the covered territory, and even though agriculture does not figure among the activities explicitly excluded from the scope of these Acts, they do not appear to cover agricultural establishments. In this regard, the Committee notes that Punjab Labour Policy 2018 advocates “initiation of dialogue with social partners to extend coverage and scope of the PIRA to the excluded categories of workers i.e., agriculture workers, domestic workers, home based workers and workers of informal sector”. It further notes that although SIRA 2013 and BIRA 2022 cover agricultural establishments, they leave out the informal sector, including small agricultural holdings which do not run an establishment, or farmers working on their own or with their family. In view of the above, the Committee notes with concern that only in two provinces, Sindh and Balochistan, workers in agricultural establishments are covered by the laws setting the framework for the exercise of the right to freedom of association in Pakistan, and therefore, a large share of agricultural workers remains excluded from the scope of these laws, both at the federal and provincial levels. It further notes that in practice, only three unions of agricultural workers in one province have been established. Therefore, the Committee urges the Government to take adequate measures to ensure that federal and provincial Industrial Relations Acts are amended so as to expressly cover all agricultural workers, including those in the informal sector, and to enable them to enjoy the rights conferred by the Convention in law and in practice. It requests the Government to provide information on any progress achieved in this respect.

The Committee noted information supplied by the following States in an answer to a direct request: Rwanda.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislative issues. The Committee recalls that, in its previous comments, it had noted: (i) that the Government had enacted the 18th Amendment to the Constitution, whereby the matters relating to industrial relations and trade unions were devolved to the provinces; (ii) the adoption of the Industrial Relations Act (IRA), 2012, which regulates industrial relations and registration of trade unions and federations of trade unions in the Islamabad Capital Territory and in the establishments covering more than one province (section 1(2) and (3) of the IRA); and (iii) the adoption in 2010 of the Balochistan IRA (BIRA), the Khyber Pakhtoonkhwa IRA (KPIRA) and the Punjab IRA (PIRA). The Committee notes the adoption of the Sindh Industrial Relations Act, 2013 (SIRA), and the amendment of the BIRA in 2015. The Committee notes the Government’s statement that the responsibility for the coordination of labour-related issues and the responsibility to ensure that provincial labour laws are drafted in accordance with international ratified Conventions, lie with the federal Government.

The Committee previously noted that, in its 2010 observations the Pakistan Worker’s Federation alleged that agricultural workers have no right to freedom of association, whereas the Government affirmed that there were a number of unions registered under the previous industrial relations legislation for workers engaged in the agricultural sector, and that all provincial industrial relations acts adopted in 2010 and the 2012 IRA were applicable to all establishments (with the same exceptions), including the agricultural sector. The Committee had requested the Government to confirm in its next report whether these acts apply to small agricultural holdings which do not run an establishment, as well as to farmers working on their own or with their family.

The Committee observes that the Government indicates that: (i) the agricultural sector continues to be the dominant employer by employing 42.27 per cent of the workforce; (ii) none of the industrial relations laws explicitly restrict the freedom of association for agricultural workers; (iii) the agricultural workers have the right to form associations in conformity with article 17 of the Constitution of Pakistan, with the Societies Registration Act, 1860, and with the Cooperative Societies Act, 1925; (iv) Sindh has become in 2013 the first Province to recognize women and men in the agriculture and fisheries sector as workers under law and has registered the first ever trade union for this sector, the Sindh Agriculture and Fishing Workers Union (SAFWU), which currently has 400 members of whom 180 are women; (v) the SIRA and the BIRA, as amended in 2015, have extended the right to form and join unions to the agriculture and fisheries workers; (vi) the industrial relations acts are applicable to all persons employed in an “establishment”, defined as a “society” or an “undertaking”; and (vii) therefore, any agricultural holding or farmers working on their own land with or without family may collectively form a society or undertaking enabling them to form associations or trade unions. The Committee notes with interest that section 1(3) of the SIRA and section 1(4) of the BIRA, as amended, now explicitly provide that the Act shall apply to “all persons employed in any establishment or industry, including fishing and agriculture”. The Committee trusts that the Government will ensure that it, as well as all the governments of the provinces, take the necessary measures to ensure that all workers engaged in agriculture, including in small agricultural holdings which do not run an establishment or farmers working on their own or with their family, enjoy the rights afforded by the Convention in law and in practice. It requests the Government to provide information on any progress achieved in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that, with regard to the 2010 comment of the Pakistan Worker’s Federation alleging that agriculture workers have no right to freedom of association, the Government indicates that there are a number of unions registered under the 2008 Industrial Relations Act for workers engaged in the agricultural sector and that trade unions of workers engaged in the agricultural sector are also declared as collective bargaining agents. The Government indicates that it believes that the right to organize is a basic right and that it is making all efforts to protect the right of association for the workers engaged in the agriculture sector.

The Committee notes that, following the enactment of the 18th Constitutional Amendment, which transferred responsibility for labour issues from the federal to the provincial governments, industrial relations acts have been adopted in Punjab, Khyber-Pakhtoonkhwa, Sindh and Balochistan in 2010. To fill the resulting legal gap, the Industrial Relations Act, 2012, which applies to persons employed in the Islamabad Capital Territory, or carrying on business in more than one province, was adopted following tripartite consultations. The Committee notes that the Government indicates in its report that these acts are applicable to all establishments (with the same exceptions), including the agriculture sector. In these circumstances, the Committee requests the Government to confirm in its next report whether these acts apply to small agricultural holdings which do not run an establishment or farmers working on their own or with their family.

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

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

Repetition

The Committee notes the comments made by the Pakistan Workers’ Federation (PWF) in a communication dated 30 July 2010, reporting that agricultural workers have no right to freedom of association.

In its previous observations, the Committee observed that small agricultural holdings which do not run an establishment, or farmers working on their own or with their family, appeared to be excluded from the Industrial Relations Ordinance (IRO) 2002 and therefore from the provisions on freedom of association. The Committee noted that the 2008 Industrial Relations Act (IRA), which amended the 2002 IRO, was an interim law due to lapse on 30 April 2010. The Committee also noted that a tripartite conference had to be held to draft a new legislation in consultation with all stakeholders.

The Committee had noted that the Government indicated that the 2002 IRO did not expressly exclude agricultural undertakings from its application and that there are no restrictions whatsoever on the workers employed in agriculture to form a trade union and that although no trade union of agricultural workers was registered, there were numerous agricultural workers’ associations in place to safeguard their interests. The Committee also had noted that the Government enacted the 18th Constitutional Amendment, which transferred responsibility for labour issues from the federal to the provincial governments. The Committee further noted that on 18 June 2010, the High Court of Sindh (Karachi), referring to the 18th Constitutional Amendment, confirmed that the 2008 IRA stood repealed and concluded that the 1969 IRO was now once again in force. The Committee recalls in this respect that it had previously noted that while agriculture was not expressly excluded from the IRO 1969, it was not expressly included and that the definitions given in the IRO could be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. The Committee expresses the firm hope that new legislation will be adopted in the very near future in full consultation with the social partners concerned. The Committee further hopes that any adopted legislation will be in full conformity with the Convention. It requests the Government to provide a copy of the relevant legislative texts once they have been adopted.

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

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

The Committee notes the comments made by the Pakistan Workers’ Federation (PWF) in a communication dated 30 July 2010, reporting that agricultural workers have no right to freedom of association.

In its previous observations, the Committee observed that small agricultural holdings which do not run an establishment, or farmers working on their own or with their family, appeared to be excluded from the Industrial Relations Ordinance (IRO) 2002 and therefore from the provisions on freedom of association. The Committee noted that the 2008 Industrial Relations Act (IRA), which amended the 2002 IRO, was an interim law due to lapse on 30 April 2010. The Committee also noted that a tripartite conference had to be held to draft a new legislation in consultation with all stakeholders.

The Committee notes that the Government indicates in its report that the 2002 IRO did not expressly exclude agricultural undertakings from its application. It adds that there are no restrictions whatsoever on the workers employed in agriculture to form a trade union and that although no trade union of agricultural workers was registered, there were numerous agricultural workers’ associations in place to safeguard their interests. The Committee also notes that the Government enacted the 18th Constitutional Amendment, which transferred responsibility for labour issues from the federal to the provincial governments. The Committee further notes that on 18 June 2010, the High Court of Sindh (Karachi), referring to the 18th Constitutional Amendment, confirmed that the 2008 IRA stood repealed and concluded that the 1969 IRO was now once again in force. The Committee recalls in this respect that it had previously noted that while agriculture was not expressly excluded from the IRO 1969, it was not expressly included and that the definitions given in the IRO could be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. The Committee expresses the firm hope that new legislation will be adopted in the very near future in full consultation with the social partners concerned. The Committee further hopes that any adopted legislation will be in full conformity with the Convention. It requests the Government to provide a copy of the relevant legislative texts once they have been adopted.

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

The Committee notes with regret that it has not received the Government’s report. The Committee is therefore bound to repeat parts of its previous observation, which are set out below:

The Committee previously noted the comments submitted by the Pakistan Workers’ Federation (PWF) in a communication dated 21 September 2008 to the effect that agricultural workers are excluded from the application of the provisions of the Industrial Relations Ordinance (IRO) 2002 and that they have no right to freedom of association.

In its last observation, the Committee observed that small agricultural holdings which do not run an establishment or farmers working on their own or with their family appeared to be excluded from the IRO 2002 and therefore from the provisions on freedom of association. The Committee noted that the Industrial Relations Act, amending the IRO 2002, was adopted in November 2008 and that it will be an interim law which will lapse on 30 April 2010. During this period, a tripartite conference will be held to draft a new legislation in consultation with all stakeholders.

Furthermore, the Committee noted that while no trade union of agriculture was registered, there were numerous agricultural workers’ associations in place in the country to safeguard their interests.

The Committee again requests the Government to indicate whether these associations enjoy bargaining rights under Pakistani legislation. The Committee requests the Government to keep it informed of any progress made on the work of the tripartite conference referred to by the Government in the drawing up of new legislation on labour relations. The Committee trusts that the new legislation will ensure specifically that those engaged in agriculture, who appear to be excluded from the provisions on freedom of association of the IRO 2002, enjoy the same rights of association and combination as industrial workers. It also requests information on the number of trade unions and associations of agricultural workers.

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

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

The Committee once again notes with regret that the Government’s report has not been received.

The Committee notes the comments submitted by the Pakistan Workers Federation (PWF) in a communication dated 21 September 2008, in which it reiterates the information contained in its 2007 communication to the effect that agricultural workers are excluded from the application of the provisions of the Industrial Relations Ordinance (IRO) 2002 and that they have no right to freedom of association.

In its last observation, the Committee had observed that small agricultural holdings which do not run an establishment or farmers working on their own or with their family appeared to be excluded from the IRO 2002 and therefore from the provisions on freedom of association. The Committee notes that the Industrial Relations Act, amending the IRO 2002, was adopted in November 2008 and that it will be an interim law, which will lapse on 30 April 2010. During this period, a tripartite conference will be held to draft a new legislation in consultation with all stakeholders.

Furthermore, with reference to its comments under Convention No. 98, the Committee notes the Government’s statement at the Conference Committee in 2006 that the Ministry of Food and Agriculture and provincial governments had been advised to help streamline the work and activities of rural workers’ organizations in keeping with the Government’s obligations under the Convention and that the Constitution of Pakistan provided clear guarantees to form or join “associations” to all Pakistani citizens, including rural workers. The Committee also notes from the Government’s 2006 report on the application of Convention No. 98 that while no trade union of agriculture was registered, there were numerous agricultural workers’ associations in place in the country to safeguard their interests.

The Committee requests the Government to indicate whether these associations enjoy collective bargaining rights under the Pakistani legislation. The Committee expresses the hope that the new legislation will ensure specifically that those engaged in agriculture, that appear to be excluded from the provisions on freedom of association of the IRO 2002, enjoy the same rights of association and combination as industrial workers. It also requests information on the number of trade unions and associations of agricultural workers.

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

The Committee notes with regret that the Government’s report has not been received.

The Committee notes the comments submitted by the Pakistan Workers Federation in a communication dated 2 May 2007 indicating that agricultural workers have been excluded from the application of the provisions of the Industrial Relations Ordinance (RO) 2002 and that they have no right to freedom of association.

In its last observations, the Committee noted that while agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly covered and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application.

The Committee notes that the IRO 1969 has been replaced by the IRO 2002. In this regard, the Committee notes that according to section 1(4), the IRO 2002 shall apply to all persons employed in any establishment or group of establishments or industry. According to section 3(1)(a) IRO 2002 the right to establish a trade union is granted to those employed in an establishment or industry; section 2(xi) defines establishment as “any office, firm, factory, society, undertaking, company, shop, premises or enterprise which employs workmen directly or through a contractor for the purposes of carrying on any business or industry and includes all its departments and branches”. Industry is defined as “any business, trade, manufacture, calling, service, occupation or employment engaged in an organized economic activity of producing goods or services for sale, excluding those set up exclusively for charitable purposes” (section 2(xvii) IRO 2002). Moreover, according to section 2(x) IRO 2002, the term “employer” means any person or body of persons, whether incorporated or not, who or which employ workmen in an establishment under a contract of employment. The Committee therefore observes that although the IRO 1969 has been replaced by the IRO 2002, small agricultural holdings which do not run an establishment or farmers working on their own or with their family still appear to be excluded from the provisions on freedom of association.

Under these circumstances, the Committee once again requests the Government to provide in its next report detailed information concerning legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture, that appear to be excluded from the provisions on freedom of association of the IRO 2002, enjoy the same rights of association and combination as industrial workers. It also requests information on the number of trade unions and associations of agricultural workers.

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

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

The Committee underlined that the present Convention applies to all those engaged in agriculture. While agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly included and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. In fact “employer” is defined in relation to an establishment which means “any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on an industry, i.e. any business, trade, manufacture, calling, service, employment or occupation” (section 2). This restrictive definition does not include small agricultural holdings which do not run an establishment or farmers working on their own or with their family.

In the light of the foregoing situation, the Committee considers that there is an important gap in the legislation and the Government should take appropriate measures to modify existing statutory laws or enact new laws in relation to workers engaged in agriculture and their right to establish organizations, like industrial workers, in order to comply with its obligation to respect and fully apply this Convention.

The Committee once again requests the Government to provide in its next report detailed information concerning the number of trade unions and associations of agricultural workers. It also requests information on legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

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

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

The Committee takes note of the Government’s report. It regrets, however, that the Government limits itself to a declaration that it is now trying to bring big holdings of agricultural land under the purview of the labour laws, but that it has not replied to the Committee’s previous comments.

The Committee therefore, once again, stresses that the present Convention applies to all those engaged in agriculture. While agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly included and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. In fact "employer" is defined in relation to an establishment which means "any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on an industry, i.e. any business, trade, manufacture, calling, service, employment or occupation" (section 2). This restrictive definition does not include small agricultural holdings which do not run an establishment or farmers working on their own or with their family.

In the light of the foregoing situation, the Committee considers that there is an important gap in the legislation and the Government should take appropriate measures to modify existing statutory laws or enact new laws in relation to workers engaged in agriculture and their right to establish organizations, like industrial workers, in order to comply with its obligation to respect and fully apply this Convention.

The Committee once again requests the Government to provide in its next report detailed information concerning the number of trade unions and associations of agricultural workers. It also requests information on legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

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

The Committee takes note of the Government's report. The Committee would recall however that the Pakistan National Federation of Trade Unions had considered that the Industrial Relations Ordinance (IRO) 1969 was not applicable to agricultural workers and that therefore the benefits of the present Convention were not available to them. The Committee also recalls that the Government in its previous reports had indicated that the agricultural sector was not properly organized due to illiteracy, poverty and other similar factors.

The Committee stresses that the present Convention applies to all workers engaged in agriculture. Even though agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly included and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. In fact "employer" is defined in relation to an establishment which means "any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on an industry, i.e. any business, trade, manufacture, calling, service, employment or occupation" (section 2). This restrictive definition does not include small agricultural holdings which do not run an establishment or farmers working on their own or with their family.

The Committee also notes that in the Payment of Wages Act 1936 as amended, although the definition of "industrial establishment" (section 2) includes expressly plantations, i.e. any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea establisments, on which less than 25 persons are employed for that purpose are not covered by the Act.

In the light of the foregoing situation, the Committee considers that there is an important gap in the legislation and the Government should take appropriate measures to modify existing statutory laws or enact new laws in relation to workers engaged in agriculture and their right to establish organizations, like industrial workers, in order to comply with its obligation to respect and fully apply this Convention.

Thus, the Committee would be grateful if the Government would be good enough to provide in its next report detailed information concerning the number of trade unions and associations of agricultural workers. It also requests information on legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

[The Government is asked to report in detail in 2000.]