Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that it has not received the Government’s report. The Committee is therefore bound to repeat parts of its previous observation, which are set out below:

The Committee previously noted the comments submitted by the Pakistan Workers’ Federation (PWF) in a communication dated 21 September 2008 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 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 noted 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, the Committee noted 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 again requests the Government to indicate whether these associations enjoy bargaining rights under Pakistani legislation. The Committee requests the Government to keep it informed of any progress made on the work of the tripartite conference referred to by the Government in the drawing up of new legislation on labour relations. The Committee trusts that the new legislation will ensure specifically that those engaged in agriculture, who 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.

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