Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. For many years, the Committee has been referring to certain provisions in the Security of Pakistan Act, 1952 (sections 10–13), and the Political Parties Act, 1962 (sections 2 and 7), which give the authorities wide discretionary powers to order the dissolution of associations, subject to penalties of imprisonment which may involve compulsory labour. The Committee previously noted that the Government’s Law and Justice Commission, in response to a Supreme Court ruling, had drafted legislative proposals for certain amendments to be made to the Security of Pakistan Act, 1952, and that proposals to amend other laws, including the Political Parties Act, 1962, were under consideration. The Committee notes that the Government’s latest report contains no information on the new developments in this regard. While noting the Government’s statement in the report that the above laws were framed with the objective to restrict illicit activities which may lead to national security concerns, the Committee expresses the firm hope that the necessary measures will at last be taken to bring the abovementioned provisions of the Security of Pakistan Act, 1952, and the Political Parties Act, 1962, into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above provisions in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

In its earlier comments, the Committee has referred to sections 5 and 28 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, under which a person who edits, prints or publishes a newspaper in contravention of the Ordinance (for instance, without having made a declaration or without having a declaration authenticated by the District Coordination Officer) is liable to penalties of imprisonment (which may involve compulsory labour) for a term of up to six months. The Committee also noted that similar penalties may be imposed for keeping a printing press without making a declaration (section 26) or for disseminating unauthorized news-sheets and newspapers (section 30).

The Committee notes that in the Statement of Objects and Reasons of a Bill to amend the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, which was to be introduced in the National Assembly in 2008, supplied by the Government with its report, the Government expressed its intention “to dismantle restrictions and curbs placed on the media” and stated that “the draconian laws that threatened coercive action against the press will be removed via this bill to begin the process of providing for a free press in Pakistan”. The Committee trusts that the necessary measures will soon be taken with a view to bringing the above provisions of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, into conformity with Article 1(a) of the Convention, so that no penalty of imprisonment involving compulsory labour can be imposed as a punishment for expressing political views. It requests the Government to indicate, in its next report, whether the 2008 Bill referred to above, or any other bill to amend the 2002 Ordinance, has been passed by the National Assembly and to provide a copy of the revised legislation, as soon as it is adopted. Pending the revision, the Committee requests the Government to provide information on the application of the above sections 26, 28 and 30 of the Ordinance in practice, indicating the penalties imposed and supplying sample copies of the relevant court decisions.

Article 1(e). Penalties involving compulsory labour as a means of religious discrimination. For a number of years, the Committee has been referring 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 may involve compulsory labour) for a term of up to three years. The Committee previously noted the Government’s indication that religious rituals referred to in Ordinance No. XX are prohibited only if exercised in public whereas, if they are performed in private without causing provocation to others, they do not fall under the prohibition.

While noting these indications, the Committee recalls, referring also to the explanations provided in paragraphs 303 and 316 of its 2012 General Survey on the fundamental Conventions concerning rights at work, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, where punishment involving compulsory labour is aimed at the peaceful expression of religious views, or where such punishment (for whatever offence) is meted out more severely, or even exclusively, to certain groups defined in social or religious terms, this falls within the scope of the Convention. The Committee expresses the firm hope that the necessary measures will be taken in relation to sections 298B and 298C of the Penal Code, so as to ensure the observance of the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, including sample copies of the court decisions and indicating the penalties imposed.