Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that the Government's report has not been received. It notes the information supplied by the Government representative and the discussions which took place in the Conference Committee in 1993. It also notes the comments of the Pakistan National Federation of Trade Unions (PNFTU) and the All Pakistan Federation of Trade Unions (APFTU), which were transmitted to the Government in October and November 1993 respectively.

1. The Committee notes that, according to the PNFTU, the Government should consider seriously the outstanding comments on the application of the Convention and take appropriate action in line with the spirit of the Convention. It also notes the APFTU's comment that, while the national Constitution prohibits discrimination on the grounds of race, colour and creed, the Government has been urged by the trade union movement to eliminate discrimination on the basis of religion and to do more to raise awareness among all sectors of society on the need for equal opportunities for employment, particularly for women workers; it also notes the APFTU's reference to the Government's recent creation of a Commission on Minorities for their social and economic improvement. The Government has not transmitted its comments on these communications. The Committee recalls that it is still awaiting a reply from the Government to the APFTU's comment dated January 1993 on the proposed exclusion of newly established Special Industrial Zones from the labour legislation, thus excluding them from the protection afforded by this Convention. It accordingly expresses the firm hope that the Government will provide replies on these issues in its next report so that the Committee will be in a position to examine them at its next session.

2. As regards the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (No. XX) the provisions of which permit the imprisonment of members of the religious groups concerned for, inter alia, propagating their faith, and which thus have a direct bearing on their employment opportunities, the Committee notes the Government representative's statement to the Conference Committee that the Ordinance does not affect the employment and education of members of the Ahmadi/Quadiani community as there was no question of dismissal of any member of this community from service on the basis of religion, and that this was ensured by the provisions of the Constitution and the Penal Code. Observing that the Government has repeatedly referred to these statutory provisions in the past discussion of this issue, the Committee cannot but regret that there have been no new developments towards the amendment of Ordinance No. XX, which clearly affects members of religious groups in employment on the basis of their religion, contrary to Article 1, paragraph 1(a), of the Convention. It urges the Government to take measures to bring the legislation into conformity with the Convention and recalls that the technical assistance of the Office is at the Government's disposal on this point.

3. Noting the statement of the Government representative to the Conference Committee that information on the number and percentage of Ahmadis/Quadianis serving in the armed forces and the number of dismissals was not collected on the basis of religion and therefore was not available, the Committee is obliged to repeat the principle of non-discrimination on religion laid down in the Convention. It hopes that future reports will contain indications of any cases of dismissals in the armed forces and the public service in general that are challenged on the basis of allegedly discriminatory reasons underlying that administrative action.

4. Noting that the Government representative at the Conference Committee suggested that the question of the non-issue of passports to a Muslim if the applicant does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an imposter "might be the subject of advice from ILO technical assistance", the Committee trusts that the Government's next report will indicate whether it wishes to avail itself of such assistance, as it recently has, for instance, in the context of Convention No. 87.

5. The Committee hopes that a report will be provided for examination at its next session and that the Government will make every effort to take the necessary action on all the points outlined above in the very near future.

6. The Committee is addressing a direct request to the Government on other matters.