Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C105

Observation

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. Political parties. For many years, the Committee has been referring to the Political Parties Act, 1962 (sections 2 and 7), which gave the authorities wide discretionary powers to order the dissolution of associations, subject to penalties of imprisonment which may involve compulsory labour. The Committee also noted that the proposal to amend certain laws, including the Political Parties Act 1962, were under consideration. However, the Committee noted the absence of information in the Government’s report in this regard. The Committee notes with satisfaction that the Political Parties Act has been replaced by the Political Parties Order 2002, which does not contain any provisions regarding sanctions on individuals.

Article 1(a), (c), (d) and (e). Penalties involving compulsory labour as a punishment for expressing political views, as a means of labour discipline, as a punishment for having participated in strikes, or as a means of religious discrimination. The Committee previously referred to sections 10–13 of the Security of Pakistan Act 1952, sections 5, 26, 28 and 30 of the Press, Newspaper, News Agencies and Books Registration Ordinance 2002, section 32(2) and (3) of the Electronic Media Regulatory Authority Ordinance 2002 and sections 8 and 9 of the Anti-Terrorism Act 1997, which provide for restrictions on the expression of political views and penalties of imprisonment involving compulsory labour. The Committee also 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 is punishable with penalties of imprisonment (which may involve compulsory labour) for a term of up to three years. The Committee further noted that 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 involves compulsory labour.

The Committee notes with interest the Government’s statement in its report that, the Ministry of Overseas Pakistanis and Human Resources Development (Ministry of OP&HRD) has submitted a proposal to the Ministry of Law and Justice to consider the following options to bring the above referred laws in compliance with the Convention at different levels:

-at the level of civil and social rights and liberties when, in particular, political activities and the expression of political views, the manifestation of ideological opposition, breaches of labour discipline and the participation in strikes are beyond the purview of criminal punishment;
-at the level of the penalties that may be imposed, when these are limited to fines or other sanctions that do not involve an obligation to work;
-at the level of the prison system, when the law confers a special status on prisoners convicted of certain political offences, under which they are free from prison labour imposed on common offenders, although they may work at their own request.

The Committee therefore requests the Government to continue its efforts to bring the abovementioned laws into conformity with the Convention in the near future, and requests the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.