Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information contained in the Government's report and attached documentation. The Committee also notes the communication of the All Pakistan Federation of Trade Unions, dated 3 January 1993, alleging that the Government intends to exclude newly established industrial zones from the labour legislation thereby removing them from the protection of this Convention. A copy of the communications was transmitted to the Government in January 1993. The Committee hopes that the Government will provide its comments on this communication in its next report so that it will be in a position to examine them at its next session.

1. In previous observations, the Committee referred to a resolution of the Subcommission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights, which expressed grave concern that persons charged with and arrested for violations of the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ordinance No. XX of 1984) and also the affected groups as a whole had been subjected to discrimination in employment and education. The Committee noted that under the provisions of Ordinance No. XX (section 3(2), in particular) members of the religious groups concerned may be sentenced to imprisonment, inter alia, for propagating their faith and that such a punishment has a direct bearing on their employment opportunities. It thus requested the Government to review this matter and take the measures necessary to bring the legislation and practice into conformity with the Convention.

The Committee notes the Government's statements in the Conference Committee in 1989 and in its most recent reports that discrimination on the grounds of religion or faith is not allowed against minorities, including Quadianis; that the Constitution of Pakistan provides equal opportunities in employment and education to every citizen of Pakistan regardless of faith or religion; and, that Ahmadis/Quadianis are eligible to compete for all vacant posts in all categories of the services of Pakistan. Specifically, the Government refers to article 27 of the Constitution which prohibits discrimination in the matter of appointments in the services of Pakistan on the basis of race, religion, caste, sex, residence or place of birth; and, to article 36 of the Constitution which provides that the State shall safeguard the legitimate rights and interests of minorities, including their due representation in the services of the federal and provincial Governments. The Government also states that the Pakistan Penal Code imposes an obligation on all citizens, regardless of their religion, to respect the religious sentiments of others and that any infringement of that obligation is prohibited and punishable. According to the Government, this provision applies to the religious practices of the Ahmadis/Quadianis as well as to other citizens, including Muslims. The Government further reports that the Ahmadis/Quadianis filed a petition in the Federal Shariat Court challenging Ordinance No. XX, that this Court dismissed the petition and that in 1988 the Ahmadis/Quadianis withdrew the appeals they had instituted before the Supreme Court against that dismissal.

The Committee takes note of these statements. However, it must once again observe that the provisions of Ordinance No. XX (particularly section 3(2)) provide for members of the religious groups concerned to be sentenced to imprisonment, inter alia, for propagating their faith. The Committee reiterates that the punishment of imprisonment prescribed by Ordinance No. XX could have a direct bearing on their opportunities regarding employment as guaranteed by Article 1, paragraph 1, of the Convention. With a view to ensuring observance of the Convention, the Committee again expresses the hope that the Ordinance, which affects members of religious groups in employment, will be reconsidered and that the necessary measures will be taken to bring legislation and practice into conformity with the Convention. Pending amendment of the legislation, it requests the Government to supply information on the application of the Ordinance and in particular on the employment and occupation status of those to whom it has been applied.

2. The Committee, in previous observations, referred to the allegation transmitted by a Special Rapporteur appointed in accordance with resolution 1986/20 of the United Nations Commission on Human Rights to the Government of Pakistan that a first-class technician in the air force was dismissed from his function for belonging to the Ahmadi faith (E/CN.4/1989/44, page 29). The Government states that this technician was dismissed on the grounds of some other offence and in the interest of public service, not because he belongs to the Ahmadi/Quadiani faith. The Government further indicates that many minorities, including Ahmadis/Quadianis, are serving in the armed forces according to their quota and the Constitution of Pakistan, and that the military law of Pakistan fully safeguards the interests and rights of the minorities, including Ahmadis/Quadianis.

Noting these indications, the Committee requests the Government to provide in its next report statistical information on the number and percentage of Ahmadis/Quadianis serving in the armed forces and the number, if any, dismissed from such employment and the reasons cited for their dismissals so as to enable the Committee to ascertain that no discrimination is involved on the grounds prohibited by the Convention.

3. In previous observations, the Committee also referred to the written statement submitted by the Anti-Slavery Society for Protection of Human Rights to the Commission on Human Rights (E/CN.4/1987/NGO/67), in which it was alleged, inter alia, that the issue of a passport is refused to a Muslim in Pakistan if the applicant does not declare in writing that the founder of the Ahmadiyya movement in Islam was a liar and an impostor. The Committee noted that such measures clearly would deprive persons of the freedom to choose an employment abroad and result in discrimination in access to employment on the ground of religion.

The Government states that the objective of the declaration in the passport application is to differentiate Muslims from non-Muslims, and not to deprive anyone from receiving a passport and choosing employment abroad. According to the Government, non-Muslims are not required to sign the above declaration and under section 3(b) of article 260 of the Constitution of Pakistan, 1973, persons belonging to the Quadiani or Lahori group are declared as "non-Muslim". Notwithstanding this provision, the Government states that members of such groups continue to call themselves Muslim and for this reason the declaration is required. In this regard, the Committee would draw attention to Article 1, paragraphs 1(a) and (b), of the Convention which requires the protection of persons against any form of discrimination in employment based on religion, even that which is indirect and unintended. The Committee would therefore be grateful if the Government would supply full information on the effect in practice of the declaration requirement on members of the Quadiani or Lahori group applying for and receiving passports and on the measures taken to ensure that such group members are effectively guaranteed their freedom to seek employment abroad on the same footing as other nationals.

[The Government is asked to report in detail for the period ending 30 June 1993.]