Newsletter July - September 2009 - Centre for Labour Advocacy and Dialgoue (CLAD)

1. Chairman’s Column

I am introducing from this issue “Chairman’s Column”. It is intended to share my views with you dear friends either on an important development or a related matter that needs discussion and attention of us all.

In this issue, I am taking up the (interim) Industrial Relations Act (IRA) 2008. It was passed by the National Legislatures by repealing the IRO 2002. Whereas, the IRA has removed restrictions on union formation in the social security related institutions - EOBI & WWF - and Pakistan Mint, it has nevertheless withdrawn the right to organize from workers of Pakistan Telecommunication Authority (PTAC). The IRA keeps the tradition of denying the right to organize and collective bargaining to a large segment of the workforce in tact. It is not only those in police or in any of the defense services of Pakistan or those in the agriculture sector or informal economy but the exclusion list abounds even for those engaged in the formal economy.

The IRA allows for a settlement between a group of workers and employer; it would undermine the role of collective bargaining agent (CBA). The demand for referendum to determine a CBA union, earlier to be made only by a union, can now be made by a group of workers and even an employer as well! Furthermore, the definition of employers does not cover “contractors” implying contract workers would not fall under the purview of IRA-08.

The appointment of the labor judiciary - Chairman and Members of the National Industrial Relations Commission and presiding officers of labor courts - earlier linked with the recommendations of the Chief Justices of Supreme Court and respective High Courts – is now to be determined by the Federal and Provincial Governments. The tenure of CBA has been reduced from three to two years. The earlier clauses related to containing union mushrooming and federations lacking representative character have been removed.

The IRA was also not based on a consultative process especially with the social partners.

Indeed, these restrictions as well as the process violate not only the Constitutional obligations but also the International Labor Standards ratified by the Government of Pakistan. It is hoped that the mandatory revisions to be made by April 2010 would remove these irritants.

2. Report on Activities

The activities of the CLAD in the second quarter comprised of: i) launching decent work initiative, ii) initiating work on “building trade union capacity” project, iii) acting as key-note speaker and resource person in seminars & other discussion events, and iv) starting the CLAD series on “working papers” and “seminar reports”. The areas covered ranged from: migration to new labor policy, impact of global economic and financial crisis on employment and emigration, and interaction with labor judiciary.

CLAD Decent Work Initiative (DWI)

The main goal of this “DWI” is to provide a forum to the stakeholders for developing an action plan for “operationalization of decent work” in the country with a focus on developing a framework for effective implementation of labor inspection and labor protection policies.

The CLAD planned to kick-start the DWI with a national orientation and consultation on “Labor Protection, Labor Inspection and Decent Work. This National consultation, however, preceded a preparatory work especially with regard to bringing on board: i) officials of the provincial governments, ii) employers’ and workers’ organizations, iii) International Labor Organization (ILO), iv) Workers Employers Bilateral Council of Pakistan (WEBCOP), and v) academia.

The 2-Day National Orientation and Consultation was organized in Islamabad on 19-20 August 2009 with the main goals of: i) creating greater understanding of the labor inspection policy, labor protection policy, employment policy and decent work country program, ii) developing a “consensus” based road-map, and ii) initiating the process towards the goal of “decent work for all” duly integrating labor protection and labor inspection. Its program, besides opening and closing sessions, comprised of: i) 4 plenary sessions, ii) a panel discussion, and iii) a round table. It was participated by leadership from the industry and unions, officials from the federal ministries of labor and manpower, commerce and planning as well as provincial labor departments, skills development council and representatives of some of the UN agencies.

CLAD Initiative on Building Trade Union Capacity

The CLAD together with the Solidarity Center office in Islamabad, in consultation with the leadership of Pakistan Workers Federation (PWF), launched its project on “enhancing trade unions capacity (especially the PWF) to better organize and serve members”. This project is the outcome of consultations with the PWF leadership, in particular with its General secretary Khurshid Ahmad, with regard to ways and means of strengthening the PWF. In order to better understand the ground realities and also to receive feedback from the PWF leadership, a visit of Laurie Clements – a trade union researcher and trainer - during 31^st August – 10^th September 2009 was organized by the CLAD and SC. Besides organizing meetings with PWF general secretary Khurshid Ahmad, roundtables were organized with the regional leadership of the PWF in Islamabad, Lahore, Quetta, Karachi and Hyderabad. The purpose was to get the feedback of the leadership and union officers on the issues confronting the labor movement and suggestions as how to rectify the situation. Series of training programs and meetings ranging from central leadership to the regional and plant levels are planned to be used as a basis for developing an action plan on trade union strengthening in Pakistan.

Workers’ Access to Justice

As a follow up to the 2-day “Exchange on Core Labor Standards” for the Judiciary in June 2009, the Lawyers for Human Rights and Legal Aid (LHRLA) and Sindh Judicial Academy organized National Conference on “Labor Judiciary”, 25^th July 2009, in Karachi. The CLAD acted as one of the resource persons and made a presentation on “Core Labor Standards and Obligations for Pakistan”.

The presentation informed that sustainable and beneficial economic growth and development is critically linked with employment in “decent work” conditions. The international labor standards provide basis for “decent work” and development & growth inclusive of people. The core labor standards (CLSs) are the bed-rock of global labor standards. Pakistan has ratified all CLSs but violations exist and reported. This situation has to be rectified; market access is increasingly linked with respect to labor rights.

Development of New Labor Policy

As a follow up to the direction of the Prime Minister at the Pakistan Tripartite Labor Conference (PTLC), the Ministry of Labor and Manpower prepared and circulated initial draft seeking feedback from the stakeholders.

A Stakeholders’ Consultation on proposed Labor Policy was organized by the Provincial Labor Department and WEBCOP on 17^th August 2009 in Karachi. The CLAD delivered the key-note address on “The Draft Labor Policy: The Way Forward”.

The key-note address stressed that a labor policy should also lay solid foundation for industry, employment and economic growth – in conditions of equity and social development. It promotes industrial piece and harmony. Hence, it is imperative that the policy develops synergies with other policies and related programs. The policy formulation process has to effectively integrate stakeholders including provincial governments. Bi-laterlism and alternate dispute resolution should form as “key” elements of the policy. It was also stressed that a policy without a road-map may not deliver the stated goals.

Global Economic and Financial Crisis

The Pakistan Manpower Institute (PMI) organized a National seminar on “Promoting and Defending Decent Work in the Wake of Global Financial and Economic Crisis“, 11-12 August ‘09.

The CLAD making a presentation on “Global Financial and Economic Crisis: Impact and Way Out through Employment and Emigration”, stressed that concerted efforts are needed for tackling unemployment and decent work deficits in the country. In this regard, serious and coordinated efforts will have to be made to implement National Emigration and National Employment Policies.

Promoting Migration and Protecting Migrants

The conference on “Migration” of the German Goethe-Institut organized on 29^th September was also preceded by a field visit to localities hosting “undocumented” foreign workers, mostly Bangladeshis. Many working and living in abject conditions looked forward to governments of both the countries to help mitigating their miseries.

The CLAD presentation focused on the need for a simultaneous focus on promoting migration and protecting emigrants. Highlighting that migration cannot be perceived as a “mere” favor to the source countries; it is mutually beneficial. However, it has to be rights-based and on principle of “equality”. The presentation also pointed out that restrictions lead to clandestine and irregular migration. Thus, demanding a cooperative and collaborative mechanism. Forging collaborative mechanisms between the host and source countries including of civil societies and unions is critical. The exploitation is largely home-based and has to be addressed in the source countries. Raising technical vocational education and training (TVET) competence and human resource level is critical in promoting migration and protecting migrants. However, in the quest, issues related to families left behind should not be ignored. Furthermore, reintegration of the returning migrants has to be made part of a migration process.

3 Activities in the Pipe line

The CLAD is in the midst of finalizing its program on: i) developing an “alternate dispute settlement mechanism”, and ii) demonstration of rights based generation of productive employment.

4. CLAD Publications

The CLAD has started “working paper” and “seminar report” series. While, the working paper-1 was on “Towards Implementation of Labor Inspection, Labor Protection and Employment Policies and Decent Work Country Program”, the seminar report-1 was on “2-Day National Orientation and Consultation on Labor Protection, Labor Inspection and Decent Work”.

5. Visitors to CLAD

The CLAD was pleased to receive the following distinguished visitors:

1: Haji Mohmmad Javed, President, Employers’ Federation of Pakistan (at Murree Hills camp office).

2: Mr. Khurshid Ahmad, General Secretary, Pakistan Workers Federation (PWF).

3: Mr. Ahsan Ullah Khan, Chairman, Workers Employers Bilateral Council of Pakistan (WEBCOP).

4: Mr. Zia Ahmed Awan, President, Lawyers for Human Rights and Legal Aid (LHRLA).

5: Syed Nazar Ali, Chief Executive Officer, Skills Development Council (SDC), Karachi.