National Consultation

ILO instruments pending for submission to Pakistan’s Competent Authority

On 28th March, 2018, the MOPHRD, with technical support from the ILES project, convened a one day workshop in Islamabad with key stakeholders to discuss the 39 On 28th March, 2018, the MOPHRD, with technical support from the ILES project, convened a one day workshop in Islamabad with key stakeholders to discuss the 39 Instruments that require submission to the competent authority and the views and priorities of the provincial governments, workers’ representatives, employers’ representatives and civil society representatives.

Press release | Islamabad, Pakistan | 28 March 2018
ISLAMABAD (ILO News); Under Article 19 of the ILO Constitution, member states are required to submit all Instruments adopted by the International Labour Conference (ILC) to the relevant competent authority. The ratification of Conventions and Protocols attract binding legal obligations, whereas Recommendations provide guidance on a particular subject and are not binding. At the ILC held in 2016 and 2017, the Committee on the Application of Standards noted with concern the serious failure of Pakistan to submit ILO Instruments to the Competent Authority (Pakistan is among 38 countries who are in situation of “serious failure to submit”). The Committee therefore requested that Pakistan’s government complete the procedure in order to be in a position to submit to the Competent Authority the 39 pending Instruments adopted by the ILC in the 18 sessions held between 1994 and 2015

In order to comply, the Ministry of Overseas Pakistanis and Human Resource Development (MOPHRD) has prepared an analytical report of all pending instruments, with the technical support of the ILO project “International Labour and Environmental Standards Application in Pakistan’s SMEs (ILES)”, a project funded by the European Union.

On 28th March, 2018, the MOPHRD, with technical support from the ILES project, convened a one day workshop in Islamabad with key stakeholders to discuss the 39 Instruments that require submission to the competent authority and the views and priorities of the provincial governments, workers’ representatives, employers’ representatives and civil society representatives.

At the opening of the event, Dr. Muhammad Hashim Popalzai, Federal Secretary - MOPHRD welcomed the participation of the various Ministries and provincial Departments taking part in the consultation and their importance in the process of preparing for the submission of the 39 outstanding instruments pending for submission before the Competent Authority. He outlined the recent review of the levels of compliance with those standards required in accordance with Pakistan’s status as a recipient of the European Union’s GSP+ status, which was due to the collective efforts of the all stakeholders. He also thanked the European Union for its support to clear the backlog of pending instruments.

Ms. Atifa Raffat, Joint Secretary - MOPHRD, began the consultation by outlining the responsibilities of Pakistan in relation to its ILO membership, its history of ratifications, the responsibilities of Pakistan under Article 19 of the ILO Constitution and the existing lapse in consideration of instruments by the Competent Authority.

Ms. Belinda Chanda, Programme Analyst – ILO mentioned that the main aim of submission is to promote measures at the domestic level for the implementation of Conventions and Recommendations. Furthermore, in the case of Conventions, the procedure also aims to promote ratification.

Throughout the day, (37) participants, in their geographical groups, discussed the challenges currently faced in relation to compliance, implementation and enforcement. There was broad agreement between participants that the adoption of additional legally binding international obligations would place a considerable strain on the provincial administrations, which should focus, in the first instance, on complying with existing national and international requirements. Several participants suggested that prior to any new ratifications, a robust legal framework would be required, supported by an adequately resourced and skilled administration to ensure implementation, compliance and enforcement. The Employers’ Federation of Pakistan and HomeNet Pakistan (representing civil society) raised the need to reach a national consensus before any decision to ratify any additional instruments impacting on the provinces is taken.