Labour laws: ‘Pakistan over ambitious in ratifying ILO conventions’

Need to rethink approach in light of 18th Amendment.

KARACHI:

Pakistan should either implement the conventions of the International Labour Organisation (ILO) that it has ratified over the past six decades or de-ratify some of them by taking advantage of the changed legal framework in the post-18th constitutional amendment scenario, said Institute of Leadership Development CEO Fasihul Karim Siddiqi here on Tuesday.

Addressing a seminar held at the Institute of Chartered Accountants of Pakistan on issues and challenges concerning the application of labour laws after the passage of the 18th amendment to the Constitution, the HR and legal consultant said Pakistan had been overambitious in ratifying ILO conventions while doing little to incorporate the same in local labour laws.

“The government itself is the biggest employer in Pakistan. Hardly 10% of what it has ratified internationally has actually been incorporated into labour laws,” Siddiqi said, adding Pakistan has so far ratified 36 ILO conventions.

Interestingly, Siddiqi said, the United States has ratified only six ILO conventions so far. “This doesn’t mean the United States isn’t concerned about labour rights. The reason is that all its 50 states must agree before the country can ratify an ILO convention.”

Given Pakistan’s poor past record vis-a-vis the ratified ILO conventions, Siddiqi said the country could still consider the option of de-ratifying ILO conventions to avoid legal pressure and negative implications at the international forum. He said that doing so was relatively easier in the post-18th amendment legal framework because provincial assemblies can now independently legislate on labour laws. “That would make our case similar to that of the United States.”

As a consequence of the abolition of the concurrent list through the 18th amendment, only provincial legislatures are constitutionally entitled to legislate on labour-related issues.

According to international laws, the ILO can put sanctions on non-complaint countries. Pakistan is among 20% of Asian countries that have ratified all the eight core labour conventions. India and China, Siddiqi said, have not ratified many of those core labour conventions, such as freedom of association and child labour.

Published in The Express Tribune, January 25^th, 2012.