Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the Government's reports of June 1991 and March 1992.

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 Government's statement in its report that imprisonment is not a must and that political persons are simply confined to their residences or detained in jails for a short period; there is no law in the country forcing any person to work and the punishment if any can 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.

As concerns the West Pakistan Press and Publications Ordinance, 1963, the Committee notes the Government's renewed statement in its report that a Bill to amend the Ordinance is before the National Assembly and that it contains no provisions corresponding to sections 23, 24, 27, 28 and 30 of the Ordinance.

The Committee has taken note of Presidential Ordinance No. III of 1990 to regulate matters relating to publications and printing presses promulgated under article 89 of the Constitution. The Committee notes that under section 55 the West Pakistan Press and Publications Ordinance No. XXX of 1963 and the Registration of Printing Press and Publications Ordinance No. XIII of 1989 were repealed. The Committee observes that an Ordinance promulgated under article 89(2) of the Constitution is required to be laid down before the National Assembly and shall be considered repealed at the expiration of four months from its promulgation if not approved by the Assembly. The Committee requests the Government to provide information on any action by the National Assembly in regard to Ordinance No. III of 1990 and to communicate the text of any law adopted by the Assembly in relation to publication and printing presses.

The Committee expresses the hope that the necessary measures will soon be taken to bring the above-mentioned provisions on security, press and publications and political parties into conformity with the Convention and that the Government will report on progress achieved.

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 Government has previously indicated that a Bill to amend the Industrial Relations Ordinance has been presented to the National Assembly 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 notes that in its latest report the Government merely states that sections 54 and 55 of the Industrial Relations Ordinance are under active consideration for amendment. The Committee expresses the firm hope 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 notes that once more the Government states 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. The Committee hopes that the amendments will finally 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 requests the Government to provide information on the action taken in this regard.

Article 1(e). 4. In previous comments, the Committee has referred to sections 298B(1) and (2) and 298C of the Penal Code, inserted by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, No. XX of 1984, under which any person of these groups who uses Islamic epithets, nomenclature and titles shall be punished with imprisonment of either description for a term which may extend to three years.

The Committee notes the Government's renewed statement in its reports 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.

According to the Government, religious freedom exists as long as the feelings of another religious community are not injured and anyone, regardless of his religious conviction, will be punished for professing his religion in a way that injures the feelings of another community. The provisions of the Penal Code referred to were drafted with a view to ensuring peace and tranquillity, particularly in places of worship. The Committee also notes that the Government reiterates its earlier stand that forced labour as a result of religious discrimination does not exist in Pakistan, that all minorities enjoy all fundamental rights and that courts are free to uphold and safeguard the rights of minorities.

The Committee had taken note of the report presented to the United Nations Human Rights Commission in 1991 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) referring 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 Committee notes from the latest report by the Special Rapporteur presented to the Human Rights Commission in 1992 (document E/CN.4/1992/52 of 18 December 1991) the allegations that nine persons were sentenced to two years' imprisonment for acting against Ordinance XX of 1984 in April 1990, that another person was sentenced to one year of imprisonment in 1988 for wearing a badge and that the sentence was upheld by the Court of Appeal. It is also alleged that the Ahmadi daily newspaper has been banned during the past four years and its editor, publisher and printer have been indicted; Ahmadi books and publications have been banned and confiscated. Allegations also refer to the sentencing under section 298B and 298C of the Penal Code of two Ahmadis to several years' imprisonment and a fine of 30,000 rupees (in the case of failure to pay the fine, imprisonment would be extended by 18 months).

The Committee again requests the Government to provide detailed information on the practical application of the provisions of sections 298B and 298C of the Penal Code 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 298C are incompatible with constitutional requirements.