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

The Committee has taken note of the discussion that took place in the Conference Committee in 1990. It notes that no report was since received from the Government.

Compulsory prison labour. In comments made for a great number of years, the Committee has referred to legislation under which penalties involving compulsory labour may be imposed on persons punished for activities falling within the scope of Article 1 of the Convention. The Committee notes the indication by the Government representative to the Conference Committee in 1990 that there was no law in the country forcing any person to work. The provisions of the Security of Pakistan Act and the Political Parties Act did not contemplate any forced labour because punishment under them could only be imposed by the courts after a regular trial.

The Committee refers again to the explanations provided in paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, where it indicated that compulsory labour in any form, including compulsory prison labour, falls within the scope of the Convention in so far as it is exacted in one of the five cases specified in Article 1 of the Convention and, in the case of persons convicted for expressing certain political views, an intention to educate them through labour would in itself be covered by the express terms of the Convention. The Committee therefore is bound to raise again the following points.

Article 1(a) of the Convention. 1. In comments made for a number of years, the Committee has referred to certain provisions in the Security of Pakistan Act, 1952 (sections 10-13), the West Pakistan Press and Publications Ordinance, 1963 (sections 12, 36, 56, 59 and 23, 24, 27, 28 and 30) and the Political Parties Act, 1962 (sections 2 and 7) which give the authorities wide discretionary powers to prohibit the publication of views and to order the dissolution of associations, subject to penalties of imprisonment which may involve compulsory labour.

The Committee noted with interest from the Government's report for the period 1987-89 that the West Pakistan Press and Publications Ordinance, 1963, was being replaced by the Registration of Printing Presses and Publications Ordinance which was before the National Assembly and which would contain no provisions corresponding to sections 23, 24, 27, 28 and 30 of the West Pakistan Press and Publications Ordinance, 1963. The Committee notes that while this was confirmed by the Government representative to the Conference Committee in 1990 no further progress was reported towards the adoption of the new Ordinance, nor with regard to amending the Political Parties Act.

The Committee again expresses the hope that the necessary measures will soon be taken to bring all of the above-mentioned provisions into conformity with the Convention, and that copies of the amending legislation will be provided.

Pending action to amend these provisions, the Committee once more requests the Government to supply information on their practical application including the number of convictions and copies of court decisions defining or illustrating the scope of the legislation.

The Committee also once more requests the Government to supply an updated copy of the provisions of the Jail Code governing prison labour.

Article 1(c). 2. In comments made for many years, the Committee has referred to sections 54 and 55 of the Industrial Relations Ordinance (No. XXIII of 1969) under which whoever commits any breach of any term of any settlement, award or decision or fails to implement any such term may be punished with imprisonment which may involve compulsory labour. The Committee expressed the hope that the Government would take the necessary measures to bring the Industrial Relations Ordinance into conformity with the Convention, by repealing sections 54 and 55 of the Ordinance or by repealing the penalties which may involve compulsory labour, or by limiting their scope to circumstances endangering the life, personal safety or health of the population.

The Committee noted with interest the statement by the Government in its report for 1987-89 that the Government had presented a Bill to the National Assembly to amend the Industrial Relations Ordinance and that it was proposed to remove from the provisions of sections 54 and 55 the element of compulsory labour by replacing imprisonment with "simple imprisonment". This was confirmed by the Government representative to the Conference Committee in 1990, without indicating that any further progress had been made. The Committee hopes that the Government will soon be in a position to indicate that the Industrial Relations Ordinance has been brought into conformity with the Convention.

Article 1(c) and (d). 3. The Committee previously noted the Government's repeated statements that a Bill had been introduced in the National Assembly to amend sections 100 to 103 of the Merchant Shipping Act, under which various breaches of labour discipline by seamen may be punished with compulsory labour. Noting the Government representative's corresponding indications to the Conference Committee in 1990, the Committee hopes that the amendments will soon be adopted so as to remove the penalties involving compulsory labour from sections 100 and 100(ii), (iii) and (v) of the Merchant Shipping Act (or limit their scope to offences committed in circumstances endangering the safety of the ship or the life, personal safety or health of persons) and to repeal the provisions of sections 101 and 102 of the Act under which seamen may be forcibly returned on board ship to perform their duties. The Committee looks forward to learning of the action taken in this regard.

Article 1(e). 4. In previous comments, the Committee has referred to sections 298B and C of the Penal Code, inserted by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984. Under section 298B(1), "any person of the Quadiani Group or the Lahori Group (who call themselves 'Ahmadis' or by any other name) who by words, either spoken or written, or by visible representation - (a) refers to or addresses any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as 'Ameer-ul-Mumineen', 'Khalifa-tul-Mumineen', 'Khalifa-tul-Muslimeen', 'Sahaabi' or 'Razi Allah Anho'; (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as 'Umul-Mumineen'; (c) refers to, or addresses, any person, other than a member of the family ('Ahle-bait') of the Holy Prophet Muhammad (peace be upon him) as 'Ahle-bait'; or (d) refers to, or names, or calls his place of worship as 'Masjid' - shall be punished with imprisonment of either description for a term which may extend to three years".

Under section 298B(2), any persons of the same groups "who by words, either spoken or written, or by visible representation, refers to the mode or form of call to prayers followed by his faith as 'Azan', or recites 'Azan' as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years".

Under section 298C, any person of the same groups, "who, directly or indirectly, poses himself as a Muslim, or calls or refers to his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years".

The Committee had taken note of the report presented to the United Nations Human Rights Commission by the Special Rapporteur on the application of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Conviction (document E/CN.4/1990/46 of 12 January 1990). In his report the Special Rapporteur refers to allegations according to which proceedings were engaged, on the basis of sections 298B and C of the Penal Code, in the districts of Guranwala, Shekhupura, Tharparkar and Attock against a number of persons having used specific greetings.

The Government previously stated that religious discrimination does not exist and is forbidden under the Constitution and the laws of Pakistan and any law, custom or usage having the force of law, so far as it is inconsistent with the rights conferred by the Constitution, is void to the extent of the inconsistency.

The Committee notes the statement by the Government representative to the Conference Committee in 1990 reiterating that religious discrimination did not exist and was forbidden by the Constitution and national laws; forced labour as a result of religious discrimination did not exist and minorities including Ahmadis/Quadianis enjoyed all constitutionally guaranteed fundamental rights. The Government had not yet received the report of the Special Rapporteur on the application of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religious Conviction. The report would be examined and detailed information submitted on this issue.

The Committee again requests the Government to provide detailed information on the practical application of the provisions of sections 298B and C, including the number of persons convicted thereunder and copies of court decisions made thereunder in particular in the proceedings mentioned by the Special Rapporteur. The Government is also requested to supply copies of any court ruling that sections 298B and C are incompatible with constitutional requirements.

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