Definitive Report - REPORT_NO214, March 1982

1. 56. By a communication dated 2 June 1981, the World Federation of Trade Unions (WFTU) presented a complaint of violation of trade union rights in Pakistan. The Government replied in a communication dated 26 October 1981.
2. 57. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 58. The WFTU alleges that the Government has arbitrarily arrested trade union leaders and leaders of democratic organisations, including Mrs. Kaneez Fatima, President of the Pakistan Trade Union Federation and a member of the WFTU General Council. It calls for the immediate release of arrested trade unionists and the firm guarantee of trade union rights and democratic liberties in Pakistan.

B. The Government's reply

1. 59. The Government states that Mrs. Kaniz Fatima was never arrested for trade union activity, but was arrested for a few days for violation of sections 147 and 188 of the Pakistan Penal Code. According to the Government, she is no longer under arrest and this action was taken against her to maintain peace and authority in the society and in no way involved any infringement of the provisions of Conventions Nos. 87 and 98.

C. The Committee's conclusions

1. 60. The Committee notes that while the arrest of the trade union leader involved is not disputed, the reasons given for her arrest are contradictory. The complainant states that the arrest was arbitrary but gives no further details, whereas the Government states that the arrest was due to violation of sections 147 and 18$ of the Penal Code. The complainant did not avail itself of the possibility - provided for in the Committee's procedure - of communicating further information in support of its allegations.
2. 61. An examination of the cited sections of the Penal Code, 1860, amended 1952, shows that section 147 relates to punishment for rioting and that section 188 relates to the failure to carry out an order duly promulgated by a public servant. Although the Government has not described the events which led up to the alleged rioting and disobedience of an official order, it has stated that the arrest was aimed at maintaining a peaceful society and was not connected with trade union activity. Moreover, the Committee notes that the trade union leader involved was only held - according to the Government - for a few days and is now at liberty.