Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

The Committee notes the comments submitted by the Pakistan Workers Federation in a communication dated 2 May 2007 indicating that agricultural workers have been excluded from the application of the provisions of the Industrial Relations Ordinance (RO) 2002 and that they have no right to freedom of association.

In its last observations, the Committee noted that while agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly covered and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application.

The Committee notes that the IRO 1969 has been replaced by the IRO 2002. In this regard, the Committee notes that according to section 1(4), the IRO 2002 shall apply to all persons employed in any establishment or group of establishments or industry. According to section 3(1)(a) IRO 2002 the right to establish a trade union is granted to those employed in an establishment or industry; section 2(xi) defines establishment as “any office, firm, factory, society, undertaking, company, shop, premises or enterprise which employs workmen directly or through a contractor for the purposes of carrying on any business or industry and includes all its departments and branches”. Industry is defined as “any business, trade, manufacture, calling, service, occupation or employment engaged in an organized economic activity of producing goods or services for sale, excluding those set up exclusively for charitable purposes” (section 2(xvii) IRO 2002). Moreover, according to section 2(x) IRO 2002, the term “employer” means any person or body of persons, whether incorporated or not, who or which employ workmen in an establishment under a contract of employment. The Committee therefore observes that although the IRO 1969 has been replaced by the IRO 2002, small agricultural holdings which do not run an establishment or farmers working on their own or with their family still appear to be excluded from the provisions on freedom of association.

Under these circumstances, the Committee once again requests the Government to provide in its next report detailed information concerning legislative and other measures taken or contemplated to 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.