Government of Pakistan to ensure right to fair trial
Government of Pakistan to ensure right to fair trial
Zafar Ahmed Khan
Pakistan

KARACHI: A multi-stakeholder consultative forum urged the government of Pakistan to ensure the right to fair trial and bring an end to all sorts of discrimination to meet the compliance requirements of international commitments.

KARACHI: A multi-stakeholder consultative forum urged the government of Pakistan to ensure the right to fair trial and bring an end to all sorts of discrimination to meet the compliance requirements of international commitments.

They also emphasized the need to understand the challenges faced by Pakistan and asked the international community for continued cooperation to help Pakistan to improve human and labour rights situation in Pakistan.

The consultation on Human Rights Treaties and Core Labour Rights, organized by Pakistan Institute of Labour Education and Research (PILER) at a local hotel on Wednesday to review the performance of Pakistan for forthcoming Universal Periodic Review (UPR) by United Nations Human Rights Council on November 13, 2017 and second review report on Generalised Scheme of Preferences (GSP)-Plus facility.

Representatives of the employers, employees, government, human and labour rights activists and civil society attended the consultation and gave their views on the rights situation in Pakistan.

Anis Haroon, Member of the National Commission for Human Rights; Karamat Ali, Executive Director of PILER; Majyd Aziz, President of Employers Federation of Pakistan (EFP); Secretary, Human Rights department, government of Sindh Dr. Tanveer Ahmed Qureshi; Gulfam Memon, Joint Director of Department of Labour and Human Resources, Government of Sindh; Mahnaz Rahman, Resident Director of Aurat Foundation; senior human rights expert Iqbal Detho; Convener of Sindh Labour Solidarity Committee Habibuddin Junaidi spoke on the rights situation in Pakistan.

Speaking on the occasion, Ms. Anis Haroon, Member of the National Commission for Human Rights underlined the need for increasing coordination among government departments. She said: “Our priorities are wrong and our attitude towards the state institutions like NCHR is not supportive” she said adding that funds are not provided the institutions like NCHR.

Regarding UPR review she said this time the international community would give tough time to the government as the human rights situation has not improved in Pakistan. Wherever GSP Plus compliance report is due the the government shows enthusiasm because in that economic interests are involved.

Regarding workers rights, Anis said that no measure has been taken for the protection of domestic workers. Many cases of violence against domestic workers girls have been reported in the media in recent months. In case of Fatima, who was killed in Karachi, the first medical report said it was a suicide and the court also refused to accept the second medical report by four doctors, which indicated that it was not a suicide. A legal aid money is kept for domestic workers, but that money is not spent.

Karamat Ali, Executive Director of PILER said that labour laws are not implemented anywhere in Pakistan. He said every worker has a right of social security. Today only 1.6 million workers are registered with Social Security Institutions in Pakistan out of 61 million labour.

The Indian Trade Union Act 1926, made by Mohammad Ali Jinnah was more progressive than the ILO Conventions 87, but the government of Pakistan abolished it in 1950.

Ali said Pakistan’s economy in shambles and this would not improve until workers are not given their rights. Owners of textile industries went on strike because of low productivity, no industrial policy.

Secretary of Human Rights department, government of Sindh Dr. Tanveer Ahmed Qureshi said that after 2012 UPR Pakistan has implemented almost all (99 percent) the recommendations given by the UN member countries. Regarding implementation of 27 Conventions under GSP Plus scheme he said situation has improved.

Half of children in Sindh are suffering from malnutrition. Terrorism is because you have usurped basic rights and social security. Our parliament’s composition is the same as it was in 1950s because feudal are sitting there. No law is applicable on agriculture workers.

He said implementation of Conventions is an on-going process. “We have moved a lot, we all have to put our heads down to look into the Conventions.”

Majyd Aziz, President of Employers Federation of Pakistan (EFP) said our government machinery ratifies the conventions to show the world a soft image, but there is no political will to implement those conventions.

He said in Pakistan labour inspectors are not trained, they are ignored and appointed politically. The EFP has offered the provincial government that it will train labour inspector of the entire province. There is no transparency and accountability in the current inspection system, he added. “We will initiate an international diploma on industrial relations.”

Joint Director of Department of Labour and Human Resources, Government of Sindh Gulfam Memon said that after 18th Amendment provinces got opportunity to make their own laws. “We have made some changes in all these laws; penalties have been revised and rationalized and an anti-discrimination clause has been made in the laws.

In the labour laws, worker’s definition has been changed and now agriculture and fisheries workers can make unions. A trade union cannot be registered if its women are not at par with the number of workers in an organization, in the decision making body.

Earlier, child labour age was not fixed but now in the Sindh Factories Act 2015 it is fixed at 14 year and below the age of 14 years, a child can work but for a light work.

In the new labour law, third party contract has been abolished. A worker can be employed directly or on contracts which are listed.

Iqbal Detho spoke on Human Rights conventions. He said international conventions require domestic implementation in order to create enforceable rights and liabilities. Pakistan may face challenges in the next UPR.

Mahnaz Rahman, Resident Director of Aurat Foundation said it was a general impression that the government signs Conventions, but after signature they forget.

She underlined the need for a new social contract so that vulnerable sections of the society including women, minorities and disabled persons are protected. Profit based economies do not respect human rights in the neo-liberal era, she opined.

Convener of Sindh Labour Solidarity Committee Habibuddin Junaidi said in many areas like Export Processing Zones and Special Industrial Zones unions are banned and many workers are working under third-party contract system. Workers work like slaves. In banking sector unions do not exist anymore. Teachers in both government and private schools and health workers are not allowed to form their unions even they don’t receive minimum wages.