Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Pakistan (Ratification: 1960)

Articles 1(c) and (d) of the Convention. Penalties involving compulsory labour as a means of labour discipline and as a punishment for having participated in strikes. For many years, the Committee had been referring to the following provisions which are not in compliance with the provisions of the Convention:

• -sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance, 2001, under which penalties of imprisonment, which may involve compulsory labour by virtue, inter alia, of section 3(26) of the General Clauses Act, 1897, may be imposed in respect of various breaches of labour discipline, such as absence without leave, wilful disobedience, or combining with the crew in “neglect” of duty, and seafarers may be forcibly conveyed on board ship. The Committee observed that provisions of the Pakistan Merchant Shipping Ordinance, 2001did not appear to be limited in scope to circumstances endangering the safety of the ship or the life or health of persons;
• -certain provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, under which employees are prohibited from leaving their employment without the consent of the employer, as well as from striking, subject to penalties of imprisonment that involves compulsory labour.

The Committee had requested the Government to take the necessary measures to ensure that the above-mentioned provisions of the 2001 Merchant Shipping Ordinance and the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, are amended in order to bring it into conformity with the Convention.

The Committee notes an absence of information in the Government’s report on this matter. The Committee notes with regret that despite the comments it has been making for a number of years, the Government has not taken any measures to bring the above provisions in line with the Convention. In this regard, the Committee recalls the explanations provided in paragraphs 309–312 of its 2012 General Survey on the fundamental Conventions, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline”. The Committee also recalls the principle laid down under paragraph 315 of the 2012 General Survey that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore urges the Government to take the necessary measures to ensure that the provisions of the 2001 Merchant Shipping Ordinance that prescribe penalties for breaches of labour discipline under which seafarers may be imprisoned or forcibly returned on board ship to perform duties as well as the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, which impose penalties involving compulsory labour for employees for leaving their employment without the consent of the employer or for participating in strikes are amended or repealed without delay. The Committee requests the Government to provide information on the progress made in this regard.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted the Government’s information that, according to sections 32(1)(e) and 67(3) of the Industrial Relations Act 2012, unfair labour practices of a worker, including to commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal strike or a go-slow, is liable to imprisonment up to thirty days, which may involve compulsory labour. The Government indicated that, the Ministry of Overseas Pakistanis and Human Resource Development had decided to discuss this issue at the Federal Tripartite Consultative Committee level. The Committee expressed the firm hope that the necessary measures would be taken to repeal or amend the above-mentioned provisions.

The Committee notes the Government’s reference to the explanation under section 32(e) that “go-slow” means an organized, deliberate and purposeful slowing down of normal output, or the deterioration of the normal quality of workmen acting in a concerted manner and does not include slowing down due to mechanical or technical defect of machinery or defect in power supply. The Government states that forced labour, slavery and all forms of exploitation are forbidden by law and that the only exceptions allowed is compulsory labour as part of punishment ordered by a court of law. Moreover, such works are subject to the condition that it shall not be of a cruel nature or incompatible with human dignity. The Government indicates that this issue will be discussed shortly at the Federal Tripartite Consultative Committee in order to reach a consensus with the views of the Government stakeholders, workers’ and employers’ organizations and other social partners. Recalling that the imposition of sanctions involving compulsory labour as a punishment for having peacefully participated in strikes is incompatible with the Convention, the Committee requests the Government to take the necessary measures to bring sections 32(1)(e) and 67(3) of the Industrial Relations Act of 2012 into conformity with the Convention either by repealing or amending the above-mentioned provisions. The Committee requests the Government to provide information on any progress made in this regard.