Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. In previous comments, the Committee has raised a number of concerns with regard to the application of the Convention. These concerns were shared by the Pakistan National Federation of Trade Unions and the All-Pakistan Federation of Trade Unions in comments made by each organization in 1993, as well as by the Conference Committee in its 1995 discussion.

2. Discrimination on the basis of religion. For some years, the Committee has drawn attention to the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (No. XX of 1984), which added to the Penal Code provisions involving sentences of imprisonment for up to three years for any person of these religious groups who, inter alia, preaches or propagates his faith, whether this be by spoken or written words, or by visible representation (sections 298B and 298C). Section 295C, commonly referred to as the "Blasphemy Law", was incorporated into the Penal Code in 1986. This section provides that anyone guilty of defiling the name of the Prophet Mohammed is to be punished with death. In its report, the Government states -- as it has on previous occasions -- that the substantive impact of the restraints imposed by the Ordinance on Ahmadis is not onerous as the restrictions concern only the public exercise of certain practices. The Government reiterates that the religious practices of the Ahmadis may be observed, so long as they are carried out in private without causing affront to Muslims. The Government states, moreover, that, as the Ordinance does not disqualify Ahmadis/Quadianis from any employment or occupation, it has no relevance to employment opportunities on the basis of religion or belief. On the question that the issue of passports to Muslims is subject to a declaration in writing that the founder of the Ahmadi movement was a liar and an imposter, the Government reiterates that such a declaration was necessary to prevent non-Muslims from obtaining passports which identify them as Muslims; and that, if an Ahmadi identifies himself or herself as such in the application form for a passport, they are not required to sign the declaration.

3. The Government's report also reiterates the indications provided previously concerning the freedom of persons of different religions to join the armed forces. According to the Government, this makes it irrelevant to supply statistical data on the number and percentage of Ahmadis/Quadianis serving in the army, as the Committee had again requested. The report provides further detailed information on the situation of minorities in general, including the number of seats reserved for those minorities in the National Assembly and the Provincial Legislatures, the financial support given to these minorities and the institutional arrangements set up to promote and safeguard the rights of minorities.

4. The Committee welcomes the initiatives taken by the Government to promote the well-being of the minorities in the country. It hopes that the Government will provide, in its next report, further information on the actual strategies carried out by the Minorities Affairs Division of the Federal Government and on the specific work of the Commission for Minorities. The Committee remains concerned, however, that the enjoyment of equality of opportunity and treatment in education and employment by certain of those minorities, such as the Ahmadis, must necessarily be affected negatively by the measures described above. The Committee observes that non-discrimination in employment cannot exist in a vacuum, apart from other human rights. If a society condones intolerance of some form, it is inevitable that discrimination on that basis will be manifested in all areas, including employment. Despite the Government's repeated assertion concerning the safeguards afforded under articles 27 and 36 of the Constitution, the Committee is unable to accept that Ordinance No. XX of 1984 and the required passport declaration do not give rise to discrimination in employment within the meaning of the Convention. This view is supported by the 1995 Conference Committee discussion. In addition, the report of the Special Rapporteur to the United Nations Commission on Human Rights (UN document E/CN.4/1995/91 of 22 December 1994) stated that "... the blasphemy laws are said to help create a climate of religious intolerance and to promote acts of violence affecting the Ahmadi and Christian minorities and even Muslims". The Committee had noted previously that the Supreme Court, in 1993, had declared Ordinance No. XX of 1984 to be in vires with the 1973 Constitution of Pakistan. It also noted, however, that the Human Rights Commission of Pakistan recommended that measures be taken to ensure in practice the constitutional guarantee to every citizen to profess, practise and propagate their religion in full freedom and that the Supreme Court be asked to review its majority ruling on the Ordinance. These indications illustrate that the provisions in question have given rise to concern both within and outside the country.

5. Accordingly, the Committee hopes that the Government will review the relevant provisions of the Penal Code and, more particularly, sections 298B, 298C and 295C, and that measures will be taken to guarantee freedom from discrimination on the ground of religion, both in law and in practice, in all aspects of employment. The Committee also urges the Government to reconsider the declaration required for the issue of passports.

6. Once again, the Committee regrets that the Government has not seen fit to provide statistical data on the number and percentage of Ahmadis serving in the armed forces and the public service, as such data might serve to illustrate that equality of opportunity and treatment in employment is, indeed, accorded to this minority. Noting that work is under way to launch a major human rights project in the country in the course of 1998 -- in which the Office will be involved -- the Committee trusts that the Government and relevant national partners will take this opportunity to consider further and resolve this long-standing issue.

7. Discrimination on the basis of sex. The Committee notes with interest the information provided by the Government concerning the measures proposed to improve the status of girls and women in the Eighth Five-Year Plan (1993-98). The Committee also notes with interest the comprehensive Report of the Commission of Inquiry for Women (August 1997), which contains recommendations for action. Noting the concern expressed in that report over the illiteracy rate of females (the female illiteracy rate was estimated at nearly 80 per cent in 1990 and currently about 70 per cent of those without basic education are girls), the Committee requests the Government to indicate the measures being taken or contemplated to implement the recommendations in this area, as well as those concerning employment, which are contained in the report (Chapter Five: Employment and service laws). In relation to training for employment, the Committee notes that a project for establishing a national training and resource centre has been finalized. Please provide, in future reports, information on the progress of this initiative and on any others concerned with the training of women for employment.

8. Conditions in special industrial and export processing zones. In its previous comments, the Committee noted that the question of excluding the newly established special industrial zones (SIZs) from the application of labour legislation was being examined by the tripartite task force on labour, constituted to suggest ways and means to bring national legislation into conformity with ILO Conventions. The Committee also referred to the situation in export processing zones (EPZs) which are not covered by labour legislation but where non-compulsory minimum social rules (adopted in 1982) apply. These rules, however, do not include guarantees against discrimination. In its reports under Conventions Nos. 87 and 98, the Government has stated, once again, that the recommendations of the task force concerning the exemption of SIZs from the application of labour legislation are under the active consideration of the Government. As concerns the only EPZ yet established in Karachi, where 80 per cent of the 60,000 workers are female, the Government states that the benefits that accrue to these workers are better than those of other workers. It also states that, since social taboos do not favour the unionization of women, these workers have not formed trade unions, but are not barred from forming associations. As the Government has provided no information on the means taken to ensure the application of the principle of the Convention, as requested on a number of occasions, the Committee trusts that this information will be provided in its next report. Please also indicate precisely how many workers are now employed in enterprises established in SIZs and provide information on the measures taken to ensure that the Convention is applied in practice to those workers.