Pakistan has a population of 180 million, a labour force of more than 56 million and

issues of gender inequality. Though by law, no one could be discriminated on the

basis of race, religion, caste, gender, residence or place of birth, one can experience
discrimination almost in every industry when it comes to Job search.
With unemployment rate hovering at around 13%, and most of them not well
educated; considering the socio economic factors, discrimination is common and
has to be reduced/eliminated by creating awareness among people. The first step to
protect your rights is to know them.

Anti-Discriminatory Laws in Pakistan

Objectives Resolution 1949
The base for the equality of all citizens was provided in the Objectives Resolution
which was passed by the Constituent Assembly of Pakistan in March, 1949. This
resolution later became a substantive part of the Constitution of Pakistan. This
Constituent Assembly framed a Constitution for the sovereign independent State of
Pakistan;

Wherein the principles of democracy, freedom, equality, tolerance and social

justice as enunciated by Islam shall be fully observed;

Wherein shall be guaranteed fundamental rights including equality of status,

of opportunity and before law, social, economic and political justice, and
freedom of thought, expression, belief, faith, worship and association, subject
to law and public morality;

1973 Constitution
The laws related to the equal opportunity further improved in Constitution of 1973.

Article 11 of the Constitution prohibits all forms of slavery, forced labor and
child labor.

Article 17 provides fundamental right to exercise the freedom of association

and the right to form unions.

Article 18 says every citizen; subject to qualifications can enter a trade,

business or profession of his/her choice.

The article 25 of the Constitution provides following guidelines for the

equality of citizens:
1. All citizens are equal before law and are entitled to equal protection of law.
2. There shall be no discrimination on the basis of sex alone.

3. Nothing in this Article shall prevent the State from making any special
provision for the protection of women and children.

Article 26 says no person otherwise qualified can be discriminated against in

the matter of employment on the basis of race, religion, caste, sex, residence
or place of birth (Exceptions: specific services can be reserved for members
of either sex if such posts/services require duties which cannot be adequately
performed by the members of other sex, e.g. Lady Health Visitor)

The article 27 puts complete ban on discrimination on the basis of sex in

appointment in the service in Pakistan, provided that the performance and
functions of the job can be carried out by, and is deemed suitable for, both
sexes.

Article 32 of the constitution says that special representation shall be given

to women in local government institutions (i.e., local bodies).

Furthermore, article 34 states that steps shall be taken to ensure full participation
of women in all spheres of national life

Article 37(e) makes provision for securing just and humane conditions of
work, ensuring that children and women are not employed in vocations
unsuited to their age or sex, and for maternity benefits for women in
employment.

Article 38(a) of the constitution commits the State to secure the well-being of
the people, irrespective of, inter-alia, their sex by raising their standard of
living, by preventing the concentration of wealth and means of production
and distribution in the hands of a few to the detriment of general interest and
by ensuring equitable adjustment of rights between employers and
employees, and landlords and tenants.

Equal Employment Opportunity Initiatives by

Pakistan
Labor Welfare Package 2000
Labor Welfare Package for Workers was announced by federal government on April
30, 2000 in which it was made obligatory for the employers to offer gender equality
and affirmative action. This package enforces:

Equal remuneration for men and women for work of equal value through
appropriate legislation.
Enhancement of maternity benefits for female mine workers.
Safeguards against sexual harassment through appropriate actions.
Recruitment of female labor inspectors for enforcement of labor laws on female
workers.

Increase in percentage of reserved seats of workers and peasants at Union

Councils, Tehsil Councils and District Councils in the Devolution of Power Plan.
Extension of coverage of laws to agriculture and other informal sectors of
economy.

Labor

Policy 2002

The Federal Government introduced new labor policy in 2002, the key points of this
labor policy are:

Empowering labor courts to order re-instatement of illegally dismissed workers

or award reasonable compensation in lieu of re-instatement.

This policy also calls for extension and upgradation of vocational and industrial
training programs to meet the changes of globalization and avoidance of
redundancies. If implemented in true spirit, this is expected to be a right step
towards affirmative action and equal employment opportunity.

Strengthening bilateralism with least legislative and state intervention. This is

expected to result in good employer-employee relationship through the strategy
of interdependence by employers and employees and their mutual trust.

New laws also promise protection of contractual labor by redefining temporary

jobs in accordance with international standards.

The policy pledges equal opportunities for all and categorically bans child and
bonded labor, and discrimination on the basis of gender, sex, race etc.

Support

for Equal Pay

Ministry of Womens Development has taken the following steps to advance the
work for women as well as equal pay for work of equal value:

Increasing womens capacity to earn by increasing womens access to sources of

livelihood, in particular, agriculture and livestock production and promoting
equal employment opportunities that accommodate women-oriented work
policies for paid work.

Improving facilities for the education, training and skills development for women,
to enter and re-enter the labor force, including special arrangements, as
specified in the draft Labor Policy for the female relatives of workers.

Ensuring appropriate legislation, including the following measures:

Giving effect to the ILO Convention 100 ratified by Pakistan in 2001 by

enacting a law to ensure equal remuneration for men and women for work of equal
value.


Undertaking measures to make work places conducive for women workers so
they can work without fear of discrimination and harassment.

Enacting a law and guidelines to provide protection against sexual harassment

at the workplace and relief/remedy in cases where it occurs.

Providing special courses for women in entrepreneurial skills to assist and

engage them to establish their own small-scale enterprises.

Ratified

International Instruments

The support for equal employment opportunities further improved when Pakistan
signed the following international instruments:

ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

(ratified on 24/1/1961)

ILO Equal Remuneration Convention, 1951 (No. 100) (ratified on 11/10/2001)

UN Convention on the Elimination of All Forms of Discrimination Against Women,

1979 (ratified on 12/3/1996)

ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention,

1983 (No. 159) (ratified on 25/10/1994)

ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on

25/3/1938)

ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on

25/3/1938)

ILO Freedom of Association and Protection of the Right to Organize Convention,

1948 (No. 87) (ratified on 14/2/1951)

ILO Night Work (Women)(Revised) Convention, 1948; and Protocol, 1990 (No. 89)
(ratified on 14/2/1951)

ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
(ratified on 26/5/1952)

UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954)

The other steps taken for the improvement of recruitment environment in Pakistan
includes:

National Policy and Plan of Action for Elimination of Child Labor (2000)

National Policy and Plan of Action for the Abolition of Bonded Labor (2001)

Legislations about the provision of 2% quota for special (disabled) people in the
employment in all departments, which was enacted by the Disabled Persons
(Employment and Rehabilitation) Ordinance 1981.

Endorsement of ILO Conventions 100 and 182.

Steps

by Ministry of Women

However, Ministry of Womens Development has taken several steps to advance the
work for women as well as equal pay for work of equal value but there is a long way
to go until these are actually implements.
Online

Job Portals

The role of recruitment companies and on line job portals is vital in this regard. They
should not only discourage discrimination, but try to ensure that the hiring made
through them does not violate the equal employment opportunity provisions laid
down in 1973 constitution of Pakistan. Online Job portals in Pakistan should help
promoting equal employment opportunities by restricting Employers not to use any
discriminatory language i.e. racial, sexual, religious or age while posting jobs on
line. Though it does not ensure 100% equal employment opportunities, still it's a
commendable step towards achieving equal employment opportunity practices.

References:
http://blog.mustakbil.com/2010/12/24/equal-employment-opportunity-laws-inpakistan/
http://www.paycheck.pk/main/labour-laws/fair-treatment
http://www.sooperarticles.com/careers-articles/recruitment-articles/equalemployment-opportunity-laws-pakistan-642134.html