Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Pakistan (Ratification: 1960)

Articles 2, 3 and 5 of the Convention. Coordinated and systematic action for the protection of tribal populations. Improvement of economic and social conditions. Collaboration. In its previous comments,the Committee took note of the Constitution (Twenty-Fifth Amendment) Act, 2018, which merged the Federal Administered Tribal Areas (FATA) and Provincially Administered Tribal Areas (PATA) into the provinces of Khyber Pakhtunkhwa (KP) and Balochistan. The Committee notes the Government’s indication that the merger of FATA with the KP province has brought the tribal areas under the control of the provincial government of KP, and that the people living in such areas are now enjoying their basic fundamental rights on equal footing with other citizens of Pakistan. It notes that, with a view to promoting development in the merged areas (former FATA regions), a Ten-year Development Plan in the form of a Tribal Decade Strategy 2020–2030 (TDS) was adopted. The TDS comprises five development pillars: building responsible and accountable institutions, enhancing human potential, expanding economic infrastructure, creating sustainable economic opportunities, and instituting sustainable resource management. The Government further indicates that a three-year Accelerated Implementation Programme (AIP), under the TDS, was adopted. In this regard, during the 2020–21 period, resources were allocated to boost the local economy, construct connectivity roads, and improve health and education facilities. In addition, the AIP aims to contribute to the improvement of the justice system in the merged areas, including through the establishment of courts, construction of a judicial complex and the installation of police stations. The Committee notes with interest the adoption of the Tribal Decade Strategy and the three-year Accelerated Implementation Programme. The Committee encourages the Government to continue taking measures to promote the social, economic, and cultural development of the tribal communities living in the merged tribal areas and requests it to indicate how such communities collaborate in the implementation of the Tribal Decade Strategy 2020-2030 and the three-year Accelerated Implementation Programme. It also requests the Government to continue to provide information on the results achieved through the three-year Accelerated Implementation Program as well as on any assessment of the implementation of the different development pillars of the Tribal Decade Strategy.

Article 6 and 21. Education. With regard to the measures aimed at facilitating access to education by members of the populations covered by the Convention, the Committee notes that the Government refers to: (i) reconsideration of the minimum size of eligible communities to establish schools in areas where no schools exist; (ii) provision of incentives to children in the poorest areas with wide gender gaps; (iii) involvement of communities through Taleem-i-Islahi Jirga (Education Reforms Committee) and iv) campaigns for positive parental attitude regarding female education. The Committee further notes that, in the period 2018–19, the Net Enrolment Rate (NER) in the province of KP (including the merged areas) for primary school (6- to 10-year-old children) was 64 per cent; and for middle school (11- to 13-year-old children) was 36 per cent. The Committee observes that, according to the TDS, the merged areas have the weakest access to education indicators of all the federating units of Pakistan, with low net and gross enrolment rates, a high number of out-of-school children, overcrowded classrooms, and high dropout rates. The Committee requests the Government to provide information on the results of the measures taken, including within the framework of the Tribal Decade Strategy 2020–2030, to improve access to education to children of the tribal populations living in the merged areas. In addition, the Committee requests the Government to provide updated statistical information on the school enrolment and completion rate among children belonging to tribal communities, when possible disaggregated by gender.

Articles 11 and 12. Lands. The Committee previously requested the Government to indicate how tribal populations are involved in decision-making concerning the use of their lands. The Committee notes that the Government refers in this regard to the Khyber Pakhtunkhwa Mines and Minerals Act, 2017, which contains special provisions pertaining to regulation of mineral resources in the merged districts and sub-divisions (Schedule VIII). According to paragraph 3 of Schedule VIII of the Act, priority for the grant of mineral titles shall be with the local community, who owns and possesses the land having mineral resources. In case any dispute arises between the stakeholders of mineral bearing area after the grant of mineral title, the matter shall be referred to a Dispute Resolution Committee for submission of its recommendations to the Mineral Titles Committee for consideration (paragraph 8). Furthermore, the Dispute Resolution Committee shall also recommend resolution of inter-tribal land disputes, facilitate demarcation and division of lands between sub-sections and clans as per their traditional Rewaj and settled principles of due shares (paragraph 9).Considering the merger of the Federal Administered Tribal Areas and Provincially Administered Tribal Areas into the provinces of Khyber Pakhtunkhwa and Balochistan, the Committee requests the Government to indicate how the rights of the tribal communities over their traditionally occupied lands are recognized and protected under this new scheme.The Committee also requests the Government to indicate if cases concerning tribal land disputes have been referred to the Dispute Resolution Committee, under the Khyber Pakhtunkhwa Mines and Minerals Act, 2017 and, if so, to provide information on the recommendations adopted by such Committee. Please also indicate the measures taken in cases where tribal populations are removed from their lands, as an exceptional measure.

Article 15. Labour protection. The Committee previously noted that, following the 2018 constitutional amendment, laws and regulations relating to labour rights, including the right to freedom of association and collective bargaining, have been extended to the merged tribal districts. The Committee notes that the Government indicates that the implementation of the extension of labour laws to merged tribal areas may take some time, as there was no official set up in such areas. The Labour Department has established seven offices in all the erstwhile tribal agencies. The Committee requests the Government to continue providing information on theimplementation of the national and provincial labour legislation to the merged tribal areas. In this regard, please provide information on the establishment of labour inspection offices and on any other measure to ensure the effective labour protection of workers belonging to tribal populations, including activities aimed at informing them about their labour rights.