Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee once again notes with regret that the Government’s report has not been received.

The Committee notes the comments submitted by the Pakistan Workers Federation (PWF) in a communication dated 21 September 2008, in which it reiterates the information contained in its 2007 communication to the effect that agricultural workers are excluded from the application of the provisions of the Industrial Relations Ordinance (IRO) 2002 and that they have no right to freedom of association.

In its last observation, the Committee had observed that small agricultural holdings which do not run an establishment or farmers working on their own or with their family appeared to be excluded from the IRO 2002 and therefore from the provisions on freedom of association. The Committee notes that the Industrial Relations Act, amending the IRO 2002, was adopted in November 2008 and that it will be an interim law, which will lapse on 30 April 2010. During this period, a tripartite conference will be held to draft a new legislation in consultation with all stakeholders.

Furthermore, with reference to its comments under Convention No. 98, the Committee notes the Government’s statement at the Conference Committee in 2006 that the Ministry of Food and Agriculture and provincial governments had been advised to help streamline the work and activities of rural workers’ organizations in keeping with the Government’s obligations under the Convention and that the Constitution of Pakistan provided clear guarantees to form or join “associations” to all Pakistani citizens, including rural workers. The Committee also notes from the Government’s 2006 report on the application of Convention No. 98 that while no trade union of agriculture was registered, there were numerous agricultural workers’ associations in place in the country to safeguard their interests.

The Committee requests the Government to indicate whether these associations enjoy collective bargaining rights under the Pakistani legislation. The Committee expresses the hope that the new legislation will ensure specifically that those engaged in agriculture, that appear to be excluded from the provisions on freedom of association of the IRO 2002, enjoy the same rights of association and combination as industrial workers. It also requests information on the number of trade unions and associations of agricultural workers.