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.