Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Pakistan (Ratification: 1960)

Article 1(a) and (e) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views and as a means of religious discrimination. For a number of years, the Committee has been referring to sections 10–13 of the Security of Pakistan Act 1952; sections 5, 26, 28 and 30 of the Press, Newspaper, News Agencies and Books Registration Ordinance 2002; section 33(2) and (3) of the Electronic Media Regulatory Authority Ordinance 2002; and sections 8 and 9 of the Anti-Terrorism Act 1997, which provide for restrictions on the expression of political views and entail penalties of imprisonment involving compulsory labour in cases of violations. It also referred to sections 298B(1) and (2) and 298C of the Penal Code, inserted by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, No. XX of 1984, under which any person of these groups who uses Islamic epithets, nomenclature and titles is punishable with penalties of imprisonment (which involve compulsory labour) for a term of up to three years. The Committee urged the Government to take the necessary measures to ensure that the above-mentioned provisions are amended so as to bring them into conformity with the Convention.

The Committee notes with regret that the Government has not provided any information on the measures taken in this regard. The Committee recalls that the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by providing that they cannot be punished for these activities by penalties which involve compulsory labour (including compulsory prison labour), unless for situations connected with the use of violence or incitement to violence. The Committee therefore once again urges the Government to take the necessary measures to amendsections 10–13 of the Security of Pakistan Act 1952; sections 5, 26, 28 and 30 of the Press, Newspaper, News Agencies and Books Registration Ordinance 2002; section 32(2) and (3) of the Electronic Media Regulatory Authority Ordinance 2002; sections 8 and 9 of the Anti-Terrorism Act 1997; and sections 298B(1) and (2) and 298C of the Penal Code, either by clearly restricting their scope to situations connected with the use of violence or incitement to violence, or by repealing penalties involving compulsory labour. It requests the Government to provide information on any progress made in this regard as well as information on the application in practice of the above-mentioned provisions, specifying the number of prosecutions, convictions and the types of penalties imposed.

Article 1(c) and (d).Penalties involving compulsory labour as a means of labour discipline and as a punishment for having participated in strikes. 1. Pakistan Merchant Shipping Ordinance, 2001. For many years, the Committee has been referring to sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance, 2001, under which penalties of imprisonment, which may involve compulsory labour by virtue, inter alia, of section 3(26) of the General Clauses Act, 1897, may be imposed in respect of various breaches of labour discipline by seafarers (such as absence without leave, wilful disobedience, or combining with the crew in “neglect” of duty), and seafarers may be forcibly conveyed on board ship. The Committee observed that provisions of the Pakistan Merchant Shipping Ordinance, 2001 did not appear to be limited in scope to circumstances endangering the safety of the ship or the life or health of persons. Noting the Government’s information that the Ministry of Maritime Affairs was in the process of amending the above-mentioned provisions of the Merchant Shipping Ordinance, the Committee hoped that such amendments would be adopted in the very near future.

The Committee notes with regret that the Government has not provided any information with regard to the amendments made to the Pakistan Merchant Shipping Ordinance. The Committee once again recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. The Committee therefore once again urges the Government to take the necessary measures to ensure that the provisions of the Pakistan Merchant Shipping Ordinance that prescribe penalties for breaches of labour discipline, under which seafarers may be imprisoned or forcibly returned on board ship to perform duties are amended or repealed without delay. The Committee requests the Government to provide information on any progress made in this regard.

2. Essential Services (Maintenance) Act, 1952. For many years the Committee has been referring to certain provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, under which employees are prohibited from leaving their employment without the consent of the employer, as well as from striking, subject to penalties of imprisonment that involve compulsory labour. It urged the Government to take the necessary measures to ensure that the Pakistan Essential Services (Maintenance) Act and corresponding provincial Acts, are amended in order to bring them into conformity with the Convention.

The Committee notes with regret that the Government has not provided any information on the measures taken in this regard. The Committee once again recalls that Article 1(c) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for breaches of labour discipline and that Article 1(d) of the Convention prohibits the imposition of sentences involving compulsory labour as a punishment for having participated in strikes. It also recalls that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes (2012 General Survey on the fundamental Conventions, paragraph 315). The Committee therefore once again urges the Government to take the necessary measures to ensure that the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, which impose penalties involving compulsory labour on employees for leaving their employment without the consent of the employer or for participating peacefully in strikes, are amended or repealed without delay. The Committee requests the Government to provide information on the progress made in this regard.

3. Industrial Relations Act, 2012. The Committee previously noted the Government’s information that, according to sections 32(1)(e) and 67(3) of the Industrial Relations Act 2012, unfair labour practices of a worker, including to commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal strike or a go-slow, is liable to imprisonment for up to thirty days, which may involve compulsory labour. Recalling that the imposition of sanctions involving compulsory labour as a punishment for having peacefully participated in strikes is incompatible with the Convention, the Committee requested the Government to take the necessary measures to bring the above-mentioned provisions of the Industrial Relations Act into conformity with the Convention.

The Committee notes the Government’s information that the draft amendments to the Industrial Relations Act, 2012 which include amendments to sections 32(1)(e) and 67(3) have been prepared and are awaiting to be presented before the Parliament after consultation with relevant stakeholders. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the Industrial Relations Act of 2012, which shall bring sections 32(1)(e) and 67(3)into conformity with the Convention, will be adopted in the very near future. It requests the Government to provide information on the progress made in this regard.