Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. National policy to promote equality of opportunity and treatment in employment and occupation. In its previous observation, the Committee drew the Government’s attention to the fundamental nature of the right to non-discrimination and the importance of formulating and implementing a national policy in accordance with the requirements of the Convention. While noting that the Government’s report does not contain any information in this regard, the Committee nevertheless notes that a new Labour Policy was adopted in 2002, following consultations with social partners, which highlights gender equality issues. The Committee also notes that the ILO Decent Work Country Programme for Pakistan provides for strategies and measures to promote and strengthen the the application of the Convention. The Committee looks forward to receiving information on the outcomes of the programmes and activities envisaged.

2. Export processing zones (EPZs) and special industrial zones (SIZs). The Committee previously noted that separate labour laws covering EPZs and SIZs were under preparation and expressed its hope that the Government would take the steps necessary to ensure that the labour laws for these zones fully reflect the principles and objectives of the Convention, in particular the prohibition of discrimination on the grounds listed in Article 1(1)(a) of the Convention, including with regard to terms and conditions of employment and the prevention of and protection from sexual harassment. In this regard, the Committee notes that the Decent Work Country Programme for Pakistan envisages action to ensure that workers in these zones have legal protection in line with international labour standards. The Committee requests the Government to provide information in its next report on any progress made in the preparation of the labour legislation applicable to EPZs and SIZs and the measures taken to ensure that it will reflect the principles and objectives of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest that the 2002 Labour Policy identifies the elimination of gender discrimination as an important objective and acknowledges the need to improve the role and contribution of women in the labour force and to provide them with equal opportunities for employment. The Committee requests the Government to provide detailed information on the different measures taken or envisaged to promote women’s equal employment opportunities and to eliminate discrimination on the basis of sex. In this regard, the Committee reiterates its previous request for information on the structure, mandate and activities of the National Commission on the Status of Women. The Committee also asks the Government to provide statistical information on the labour force participation of women and men, both in the public and private sectors.

4. The Committee notes that the Government’s Labour Protection Policy elaborated in 2005 proposes the assessment of the nature and extent of sexual harassment in the workplace and the preparation a Code of Conduct to guide the actions of enterprises in addressing sexual harassment, depending on the outcome of such assessment. The Committee encourages the Government to ensure that its 2002 general observation on sexual harassment is taken into account in this process. The Committee also requests the Government to provide information on the steps taken with a view to preparing and adopting the Code of Conduct on sexual harassment, and to provide information on any other measures adopted or envisaged, in law and in practice, to prohibit and prevent sexual harassment at work.

5. The Committee stresses that promoting equal access of girls and women to education and training is an important strategy towards the elimination of discrimination against women and the realization of gender equality in employment and occupation. The Committee notes from the Human Development Report of 2004 that the adult literacy rate for women was as low as 28.5 per cent. According to information submitted previously by the Government, about 50 per cent of girls drop out of school before completing primary education, and the drop-out rate for girls in rural areas is as high as 75 per cent. The Government is asked to provide further information on the measures taken and the progress made in increasing participation of girls and women in education, particularly in rural areas, and on action taken to change social attitudes that prevent them from enjoying their equal rights to education. The Committee also invites the Government to provide information on the steps taken to promote women’s access to vocational training and measures for their social-economic empowerment. Finally, the Government is asked to supply statistical information on the level of participation of men and women in education and training.

6. Discrimination on the basis of other grounds. The Committee recalls that a national policy to promote equality of opportunity and treatment should aim at the elimination of discrimination on all the grounds specified in the Convention.  In this regard, the Committee notes that the Government’s report contains no information in reply to the Committee’s previous comments concerning discrimination on the basis of religion. It therefore reiterates its request to the Government to provide information on the measures taken to guarantee in practice non-discrimination on the basis of religion for all aspects of employment, and on the situation of the various religious minorities in employment and occupation. The Committee also urges the Government to respond to its previous request for information on the strategy implemented by the Minorities Affairs Division of the Federal Government and on the work of the National Commission for Minorities, as far as related to the application of the Convention.

7. Further, the Committee recalls its previous comments concerning the impact of certain provisions of the Penal Code (sections 295C, 298B and 298C) on the employment and occupation of members of the Quadiani, Lahori and Ahmadi religious groups. The Committee noted that sections 298B and 298C of the Penal Code establish sentences of imprisonment for up to three years for any members of the Quadiani, Lahori and Ahmadi religious groups who, inter alia, preach or propagate their faith, whether by spoken or written words, or by visible representation. The Committee also recalls that in order to obtain a passport, a declaration is required to the effect that the founder of the Ahmadi movement was a liar and an impostor, which is designed to prevent non-Muslims from obtaining passports which identify them as Muslims. The Committee remains concerned that the enjoyment of equality of opportunity and treatment in respect of education and employment for certain religious minorities is necessarily impaired by the application of the measures referred to above, and urges the Government to take the necessary measures to review them and to keep the Committee informed of any measures taken in this regard.