REPORT ❐ PAKISTAN LABOUR RIGHTSPakistan: labour legislationand fundamental rightsThe 18thConstitutionalAmendment…has created aparadoxicalsituation denyingthe right offreedom ofassociation tothe nationalindustry-widetrade unions andfederationsLabour legislation in Pakistan aims to ensurecordial labour management relations inorder to promote the welfare of the workers,raise productivity and ensure social justice insociety. It is also meant to promote industrialpeace through mutual consultation and dialoguebetween the representatives of the employersand workers.Un<strong>for</strong>tunately, the 18th ConstitutionalAmendment introduced by the Government hasdeleted item No. 27 of the Concurrent List, namely‘trade unions and industrial labour dispute’ anddevolved this subject to the Provincial List.This amendment has created a paradoxical situationdenying the right of freedom of associationto the national industry-wide trade unions and federationsand national employers federation fromgetting their organisation registered and obtainlegal status.The effect of this amendment is that tradeunions that promote national unity and harmonyand defeat divisive <strong>for</strong>ces based upon ethnic,parochial and religious sectarian <strong>for</strong>ces, might beconfined to work only at the Provincial level.This amendment is not only in violation of fundamentalrights enshrined in Article 17/A of thePakistan Constitution pertaining to Freedom ofAssociation and Collective Bargaining, but also ofinternational obligations undertaken by the governmentof Pakistan, including ILO ConventionsNo. 87 & 98.Various provincial governments includingPunjab, Sindh, Khyber Pakhunkhwa, Balochistanhad adopted Provincial ‘Industrial RelationsLegislation’ in recent months. The ProvincialGovernment of Punjab in its legislation, namely“Industrial Relations Act 2010’, has debarred ‘theworkers engaged in establishments having lessthan 50 workers. It has done so on the groundthat the majority of the workers are engaged insmall and medium enterprises. The governmentclaims that these workers have no right either to<strong>for</strong>m trade unions or to have a collective voice toattain social justice through exercising their fundamentalright of freedom of association and collectivebargaining in con<strong>for</strong>mity with ILOConventions 87 and 98.Had the legislators taken the trouble to consultthe essential stakeholders prior to bringing theConstitutional Amendment on labour issues, thislegal vacuum would not have occurred.The ILO has recommended to the Governmentof Pakistan to review this legislation and constitutionalamendment to bring it into con<strong>for</strong>mitywith international obligations.The Provincial Government should honournational constitutional obligations by removingrestrictions <strong>for</strong> membership of trade unions fromworkers in enterprises with fewer than 50employees, something which is not only antidemocraticbut also in violation of the fundamentalrights of workers.KURSHID AHMED, GeneralSecretary of the PakistanWorkers’ Federation...Continued from Page 25particular, the CFA observed that “neither theGovernment nor the complainant have referred toany successfully negotiated agreement since theAct’s adoption in 2002, nor even to any good faithnegotiations engaged in” [emphasis added] and,there<strong>for</strong>e, concluded “that the absence of anymachinery <strong>for</strong> the promotion of collective bargainingof agricultural workers constitutes animpediment to one of the principal objectives ofthe guarantee of freedom of association – the<strong>for</strong>ming of independent organisations explicitlycapable of concluding collective agreements.”The Fraser decision does not bode well <strong>for</strong> thefuture of collective bargaining rights in Canadaand leaves agricultural workers in a precariousposition. Several Supreme Court judges will beretiring in the next four years and the recentlyelected right-wing Conservative federal governmentwill make the new appointments. The fearis that the new appointments will continue rollingback collective bargaining rights.On May 30, 2011, the Canadian Foundation <strong>for</strong>Labour Rights held a seminar in Toronto to discussthe implications of the Fraser decision.Participants included prominent trade unionlawyers, academics and union leaders. There wasconsensus that the trade union movement willhave to take this dance outside of the courts andconcentrate resources in political mobilisation.There will be an election in Ontario this fall andthe UFCW intends to make agricultural workers’bargaining rights an election issue. We will haveto wait and see if any of the political parties or thefuture government will come on the dance floor.INTERNATIONAL union rights Page 28 Volume 18 Issue 2 2011
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