Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Pakistan (Ratification: 1960)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee referred to section 33(2) and (3) of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002, under which certain violations of the Ordinance (such as broadcasting in the absence of a licence) are punishable with imprisonment, which may involve compulsory labour. The Committee once again requests the Government to provide, in its next report, information on the application of section 33(2) and (3) in practice, supplying copies of the court decisions which could define or illustrate its scope, so as to enable the Committee to assess its conformity with the Convention.

The Committee notes the provisions of sections 8 and 9 of the Anti-Terrorism Act, 1997, as amended, communicated by the Government with its report, under which penalties of rigorous imprisonment for a term of up to seven years (which may involve compulsory labour) may be imposed for the use of threatening, abusive or insulting words; or the display, publication or distribution of written material which is threatening, abusive or insulting; or distribution or playing a recording or visual images or sounds which are threatening, abusive or insulting, if sectarian hatred is likely to be stirred up thereby. The Committee requests the Government to provide, in its next report, information on the application of sections 8 and 9 of the Anti-Terrorism Act in practice, supplying copies of the court decisions which could define or illustrate their scope, so as to enable the Committee to assess their conformity with the Convention.

Article 1(c) and (d). Work imposed as a means of labour discipline and as a punishment for having participated in strikes. 1. Essential Services (Maintenance Act). For many years, the Committee has been commenting on certain provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, under which employees are prohibited from leaving their employment without the consent of the employer, as well as from striking, subject to penalties of imprisonment that may involve compulsory labour. The Committee previously noted the comments made under the Convention by the All Pakistan Federation of Trade Unions (APFTU), in which it stated that the Essential Services (Maintenance) Act restricts the right to strike even in non-essential services.

The Committee has noted the Government’s repeated statement in its reports that the 1952 Act is applied in a prudent manner and is extended only in extreme cases. While having noted this indication, and referring also to its observation addressed to the Government under the Forced Labour Convention, 1930 (No. 29), the Committee recalls that all the workers concerned – whether in any employment under the federal and provincial governments and local authorities or in public utilities, including essential services – must remain free to terminate their employment by reasonable notice; otherwise a contractual relationship based on the will of the parties may be changed into service by compulsion of law, which is incompatible with both the present Convention and Convention No. 29. The Committee also recalls, referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as to the explanations provided in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes.

The Committee observes that, pursuant to a constitutional amendment in 2010, labour matters have been transferred to the provinces and that the provincial governments are in the process of developing draft legislation on industrial relations. The Committee strongly encourages the Government to take into account the above explanations in the development of the provincial industrial relations acts. In this respect, it expresses the firm hope that the necessary measures will at last be taken to repeal or amend the Pakistan Essential Services (Maintenance) Act and corresponding provincial Acts, so as to ensure that, in conformity with the forced labour Conventions, the workers concerned shall remain free to terminate their employment by reasonable notice and no sanctions involving compulsory labour can be imposed against workers for the mere fact of organizing or peacefully participating in a strike. It requests the Government to provide, in its next report, information on the progress achieved in this regard.

2. Penal sanctions applicable to seafarers for various breaches of labour discipline. For many years, the Committee has been referring to certain provisions of the legislation concerning merchant shipping (Merchant Shipping Act, 1923, which was repealed and replaced by the Pakistan Merchant Shipping Ordinance, 2001 (No. LII of 2001)), under which penalties involving compulsory labour may be imposed in relation to various breaches of labour discipline by seafarers, and seafarers may be forcibly returned on board ship to perform their duties. The Committee noted, in particular, that under sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance, 2001, penalties of imprisonment, which may involve compulsory labour by virtue, inter alia, of section 3(26) of the General Clauses Act, 1897, may be imposed in respect of various breaches of labour discipline, such as absence without leave, wilful disobedience, or combining with the crew in “neglect” of duty, and seafarers may be forcibly conveyed on board ship.

While noting the Government’s statement in the report that the above sections of the Pakistan Merchant Shipping Ordinance, 2001, pursue a deterrence purpose in order to avoid misconduct endangering the ship or life of persons, the Committee recalls, referring also to the explanations provided in paragraphs 309–312 of its 2012 General Survey on the fundamental Conventions concerning rights at work, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline”. The Committee observes that provisions of sections 204, 206, 207 and 208 referred to above do not appear to be limited in scope to circumstances endangering the safety of the ship or the life or health of persons.

The Committee therefore trusts that the necessary measures will at last be taken to repeal or amend the above provisions of the 2001 Merchant Shipping Ordinance (e.g. by limiting their scope to offences committed in circumstances endangering the safety of the ship or the life or health of persons) and to repeal the provisions under which seafarers may be forcibly returned on board ship to perform their duties. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

Communication of texts. The Committee notes the Press, Newspapers, News Agencies and Book Registration Rules, 2009, communicated by the Government with its report. The Committee requests the Government once again to provide a copy of the updated text of the Public Safety Act 1960.