Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the report provided by the Government contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

Part II of the Convention. 1. The Committee notes the information provided by the Government in reply to its earlier comments. The Government states, as in its previous reports since 1987, that the provincial governments have been urgently asked for their views and comments on the draft Rules under the Fee-Charging Employment Agencies (Regulation) Act, 1976, and that every effort is being made to accomplish this work. The Committee observes, however, that the Act has not yet been brought into operation. With reference to the comments the Committee has been making over a number of years on the same subject, it trusts that the Government will not fail to take the necessary measures with a view to bring the Act into operation in the nearest future in order to give legislative effect to the requirement of the Convention concerning the abolition of fee-charging employment agencies "within a limited period of time", but not "until a public employment service is established" (Article 3 of the Convention). 2. In its previous comments, the Committee noted the observations made in October 1993, and reiterated in October 1994, by the All-Pakistan Federation of Trade Unions stating that effective measures should be taken regarding supervision of agencies for recruiting workers abroad. It asked the Government to make its comments on the matters raised in these observations. The Government states in its reply that the present socio-economic conditions in the country do not permit it to abolish overseas employment-promoting agencies. The Government describes the arrangements made under the Emigration Ordinance of 1979 and Rules made thereunder for supervision of the Overseas Employment Promoters, the licensing system and the fixing of fees they are allowed to charge. The Committee notes this information. It would be grateful if the Government would continue to supply, in its future reports, any relevant information on the fee-charging employment agencies for which exceptions are allowed under Article 5 of the Convention, as required under Article 9 of the Convention (number of agencies concerned, scope of their activities, reasons for the exceptions, supervision of their activities). 3. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of the Convention, as required by point V of the report form.

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