Pakistan – Equality & non-discrimination

By Daniel Morris | 7. February 2022

Some of the content in this section overlaps with the information contained under the sections on ‘Gender & women’s rights’ and ‘Persons with disabilities’.

CHAPTER 2: Protect, Respect, Remedy Framework

Pillar I | State Duty to Protect Human Rights (page 12)

‘Pakistan’s domestic legal framework provides various guarantees and includes protection of the rights of workers especially in relation to discrimination […].’

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.1. General Proposed Actions

Federal (page 15)

‘1. Conduct a mapping exercise to chart national progress made against, and steps required to advance, the four elements of the Fundamental Principles and Rights at Work, that is: […] elimination of discrimination in business activity and the workplace, including the gender pay gap, […].

Performance indicator(s): (i) Mapping exercise report

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 1 designating the Ministry of Human Rights, the Ministry of Overseas Pakistanis and Human Resource Development and the Ministry of Commerce as Leading Entities (page 42).

3.2. NAP Priority Areas

3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)

‘As established during the NBA and consultative process, the discriminatory treatment in business activity of women and vulnerable or marginalised groups, including transgender persons, Persons with Disabilities, minorities, migrant and refugee workers, and others, remains an ongoing challenge. Though legislation at both the Federal and Provincial levels exist for the protection of marginalised or vulnerable groups, further action is needed for the elimination of all forms of discrimination in business activity and the workplace.

Pakistan, in line with its Constitution which embeds equality for all as a fundamental right, and in line with its international obligations emanating as State Party to ICCPR, ICESCR, CEDAW, ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111 [Discrimination (Employment and Occupation)], and others, is fully committed to ensuring the equal participation without discrimination and equal protection before the law of women and vulnerable or marginalised groups.’

Federal (page 20)

‘13. Ratify ILO Convention No. 190 (Violence and Harassment).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 13 designating the Federal Cabinet of Pakistan, the Ministry of Foreign Affairs and the Ministry of Law and Justice as Leading Entities (page 47).

‘14. Enact proposed amendments to the Protection Against Harassment of Women at the Workplace Act, including but not limited to clarifying, and expanding where required, definitional ambiguities in light of the objective and purpose of the Act, and to promote effective and comprehensive safeguarding against all forms of harassment in all workplaces.

Performance indicator(s): (i) Enacting of proposed amendments

UN Guiding Principle(s): 1, 3, 25, 26, 27, 28

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 14 designating the Ministry of Law and Justice as Leading Entity (page 48).

‘15. Conduct a national study to determine the sectors in which significant gender disparity is prevalent, and utilise the findings of the study to assess and develop a policy regarding the mandatory reservation of quotas for women in different sectors.

Performance indicator(s): (i) Report of national study; (ii) Number of consultations for the study; (iii) Development of a policy based on the consultations and baseline assessment

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 15 designating the Ministry of Human Rights and the National Commission on the Status of Women as Leading Entities, and designating the Ministry of Commerce, the Ministry of Industries and Production, the Provincial Commissions on the Status of Women, the Ministry of Law and Justice, the Provincial Human Rights Department, the Ministry of Overseas Pakistanis and Human Resource Development, the Provincial Women Development Departments, CSOs, NGOs and the Business Community as Additional Entities (page 48).

Federal and provincial (page 21)

‘17. Create Women and Transgender Persons’ Business Incubation Centres, and strengthen and facilitate existing ones in all Provinces, and provide equal funding opportunities for women and transgender-led businesses.

Performance indicator(s): (i) Number of Centres created or strengthened

UN Guiding Principle(s): 1, 2, 3, 5, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 17 designating the Ministry of Finance, Revenue and Economic Affairs, the Ministry of Human Rights and the Ministry of Commerce as Leading Entities, and designating the Ministry of Industries and Production, the Ministry of Information Technology, the Provincial Human Rights Departments, the National Commission on Human Rights, the National Commission on the Status of Women, the Ministry of Law and Justice, the Provincial Law Departments, the Provincial Commerce Departments, the Provincial Industries and Production Departments, NGOs, CSOs, Federal and Provincial Women Development Departments and the Business Community as Additional Entities (page 49).

‘18. Develop Labour Policies, or ensure implementation of existing Policies, which introduce a requirement for businesses to create an Internal Equal Opportunity Committee that receives complaints and conducts inquiries regarding wage gaps and discriminatory hiring practices.

Performance indicator(s): (i) Policies developed or implemented; (ii) Notification of requirement regarding internal equal opportunity committee; (iii) Number of businesses that have established an equal opportunity committee

UN Guiding Principle(s): 1, 2, 3, 22, 27, 28, 29, 30

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 18 designating the Ministry of Law and Justice, the Ministry of Human Rights and the Provincial Industries Departments as Leading Entities, and designating the National Commission on Human Rights, the National Commission on the Status of Women, the Provincial Human Rights Departments, the Ministry of Overseas Pakistanis and Human Resource Development, the Provincial Labour Departments, the Pakistan Federation of United Trade Unions, CSOs, NGOs and the Business Community as Additional Entities (page 49).

‘19. Strengthen existing, and develop where required, civil remedies for discriminatory action based on gender, ethnicity, religion, disability, age, or any other factor.

Performance indicator(s): (i) Number of remedies developed or strengthened

UN Guiding Principle(s): 25, 26, 29

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 19 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities, and designating the Federal and Provincial Commissions on the Status of Women, the Ministry of Commerce, the Securities and Exchange Commission of Pakistan, the Provincial Human Rights Departments, the Provincial Women Welfare Departments, the Ministry of Overseas Pakistani and Human Development, the Federal and Provincial Ombudspersons against Harassment of Women at the Workplace, CSOs, NGOs and the Business Community as Additional Entities (page 50).

‘20. Increase access to low-interest or interest-free loans to women and vulnerable or marginalised groups. Performance indicator(s): (i) Number of consultations with financial institutions (private & public); (ii) Establishing a policy framework in conjunction with women’s advocacy groups; (iii) Implementation of policy

UN Guiding Principle(s): 1, 2, 3, 8, 12

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 20 designating the Provincial Governments and the State Bank of Pakistan as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Social Welfare and Women Development Department, CSOs, NGOs, the Business Community, the Planning and Development Department, the Industries and Commerce Department and the Labour Department as Additional Entities (page 50).

‘21. Provide capacity-building support in the value chain for women and vulnerable or marginalised groups, and build awareness about their rights under the law as well as available remedial mechanisms in case of violations of their human rights in business activity or the workplace.

Performance indicator(s): (i) Number of capacity-building and awareness-raising activities UN Guiding Principle(s): 1, 2, 3, 8, 11, 12, 25, 26, 27, 28, 29

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 21 designating the Non-Formal Education and Human Rights Department, the Vocational Training Authorities, the Ministry of Social Welfare and Small Industries, the Women Development Department as Leading Entities, and designating the Provincial Technical and Vocational Training Authorities, the Provincial Social Welfare Departments, the Provincial Educational Departments, the Provincial Population Welfare Department, NGOs, CSOs and the Business Community as Additional Entities (page 51).

‘22. Streamline regulatory requirements and procedures for business enterprises, aiming to reduce barriers to entry in business activity faced by women and vulnerable or marginalised groups.

Performance indicator(s): (i) Number of regulatory requirements and procedures streamlined

UN Guiding Principle(s): 1, 2, 3, 8

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 22 designating the Provincial Commerce Departments, the Provincial Social Welfare and Women Development Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Law, Parliamentary Affairs and Human Rights Department, CSOs, NGOs, the KP Public Service Commission and the Administration Department as Additional Entities (page 51).

Provincial (pages 22-24)

‘23. Develop Provincial policies and mechanisms, or ensure implementation of existing ones, related to the non-discrimination and inclusion of women and vulnerable or marginalised groups in business activity, and the provision of safe, healthy, and dignified working spaces for women and vulnerable or marginalised groups in the workplace.

Performance indicator(s): (i) Policies developed; (ii) Number of safe, healthy, and dignified working spaces established

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 23 designating the Provincial Governments as Leading Entities, and designating the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Commissions on the Status of Women, the Provincial Planning and Development Departments, the Provincial Social Welfare Departments, the Ombudsperson, the Business Community, CSOs and NGOs as Additional Entities (page 52)

‘24. Identify areas through a consultative process where additional funds need to be allocated to address gender inequality in business activity and the workplace.

Performance indicator(s): (i) Number of multi-stakeholder consultations for identification of areas that require budgetary allocation; (ii) Report on areas identified where additional funding is required

UN Guiding Principle(s): 1, 2, 3, 8, 25

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 24 designating the Provincial Women Development Departments and the Provincial Planning and Development Department as Leading Entities, and designating the Provincial Finance Departments, the Provincial Law Departments, the Provincial Commission on the Status of Women, CSOs, NGOs, the Ombudsperson, the Provincial Workers Welfare Bodies, the Provincial Social Welfare Departments, the Provincial Industries Departments, the Provincial Local Governments Departments as Additional Entities (page 52).

‘25. Increase awareness about harassment at the workplace and gender-based discrimination, and existing reporting and remedial mechanisms, such as the Provincial Ombudsperson.

Performance indicator(s): (i) Number of awareness-raising activities

UN Guiding Principle(s): 2, 3, 8, 27

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 25 designating the Provincial Women Development Departments and the Provincial Commissions on the Status of Women as Leading Entities, and designating Media, the Business Community, CSOs, NGOs & INGOs, the Information, Science and Technology Department, the Training, Management and Research Wing of the SGA&CD Department, the Provincial Public Service Commissions, the Provincial Judicial Academies, the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Labour Departments and the Provincial Information Departments as Additional Entities (page 53).

‘26. Conduct Provincial mapping exercises to comprehensively assess existing challenges and deficits, and provide recommendations to eliminate discriminatory practices against women and vulnerable or marginalised groups in business activity or in the workplace.

Performance indicator(s): (i) Mapping exercise report

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 26 designating the Provincial Planning Departments, the Provincial Law Departments and the Provincial Human Rights Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Provincial Labour Departments, the Provincial Social Welfare Departments, CSOs and NGOs as Additional Entities (page 53).

‘27. Build, or further strengthen existing, partnerships with and facilitate businesses to increase disability inclusion in business activity and at the workplace.

Performance indicator(s): (i) Number of partnerships and activities with businesses on disability inclusion

UN Guiding Principle(s): 2, 3, 8, 11, 12

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 27 designating the Provincial Special Education Departments, the Provincial Social Welfare Departments, the Provincial Bait-ul-Maal Departments and Bodies for Persons with Disabilities as Leading Entities, and designating the Provincial Human Rights Departments, the Provincial Education Departments, the Provincial Labour Departments, the Provincial Law Departments, the Provincial Management and Professional Development Departments, the Provincial Planning and Development Department and the Provincial Health Departments as Additional Entities (page 54).

‘28. Encourage private and public sector businesses to reduce gender gap and consider developing quotas to ensure adequate participation of women in the economy.

Performance indicator(s): (i) Consultations with relevant Government/private entities and stakeholders; (ii) Formulation of Policy on quotas for marginalised groups; (iii) Number of public & private organizations that have adopted the Policy

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 28 designating the Provincial Governments and the Provincial Labour Departments as Leading Entities, and designating the Provincial Human Rights Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Law Departments, the Provincial Women Development Departments as Additional Entities (page 54).

3.2.4. Labour Standards and the Informal Economy (page 28)

‘Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to restrict working hours, prohibit all sorts of discrimination in employment and occupation […]’

CHAPTER 4: State Expectations of Business Enterprises (page 38)

‘3. Prevent, monitor, and address all forms of workplace discrimination and harassment. This can be done by complying with the Anti-Workplace Harassment Act through the establishment and operationalisation of Inquiry Committees for investigating claims of harassment within the workplace.

[…]

5. Ensure that human rights corporate policies are communicated to their employees which can be done through mandatory human rights trainings at the start of employment and through regular trainings thereafter. Specific mandatory trainings should also be conducted for all personnel, including managerial and hiring staff, on anti-discrimination and equality at the workplace, focusing on anti-harassment, equal opportunity, workplace security and maternity leave/pay.’

Annex II | Actions Already Undertaken by Pakistan

B. Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

Gender Based Discrimination (page 74)

‘The Protection against Harassment of Women at the Workplace Act 2010 was passed to ensure the safety of women at the workplace. The Act requires each organization to ensure the creation of an inquiry committee to investigate and decide upon cases of harassment at the workplace. The power to investigate and decide upon cases of harassment also rests with the Federal and Provincial Ombudspersons for Harassment.

The Action Plan on Human Rights also sets out protection and empowerment of women as a priority area for intervention. Proposed actions include national policy guidelines on Gender Based Violence; review of all discriminatory legislation against women, establishment of new crisis centres for women and strengthening of existing centres at the district level.

Pakistan Decent Work Country Program I and II (2010-2015, 2016- 2020) are aimed at reducing discrimination faced by women at the workplace, with the objective of improving gender equality and facilitating access to equal work opportunities. It also requires business enterprises to comply with the principle of non-discrimination.

The Transgender Persons (Protection of Rights) Act 2018 has been promulgated prohibiting discrimination against transgender persons. It explicitly prohibits unfair treatment in relation to employment, trade or occupation and the denial of or termination from employment or occupation based on gender. In this regard, a new welfare project for transgender persons has also been planned comprising skill-building and access to credit.

[…]

The National Commission on the Status of Women was created to promote and protect the economic, social, political, and legal rights of women.

Domestic legislation has been promulgated within Khyber Pakhtunkhwa, Sindh and Punjab which ensure maternity benefits for women in employment.’

Punjab (page 75)

‘The Punjab Maternity Benefit Ordinance states that women cannot be discriminated against based on being expectant mothers. It establishes that employers must pay maternity benefits in such cases prior to and after the birth of the child.

The Punjab Commission on the Status of Women was established by the Punjab Commission on the Status of Women Act, 2014 and enjoys a broad mandate, which includes the monitoring, implementation, and protection of laws to advance gender equality and to eliminate discriminatory practices against women. The Commission makes policy suggestions and undertakes research and is mandated to take up inquiries, and deal with relevant complaints. The Commission has also introduced a project on generating data “to advance Women’s Social and Economic well-being in Punjab” which aims to encourage female participation in the economic sphere, free from discrimination.’

Sindh (page 76)

‘The Sindh Maternity Benefit Act 2018 prohibits discrimination against women based on being expectant mothers. It establishes that employers must pay maternity benefits to women employees prior to and after the birth of their child.

[…]

The Sindh Commission on the Status of Women was established pursuant to the Sindh Commission on the Status of Women Act, 2015. However, the Commission was set up in 2017 after a two-year delay in drafting the Rules of the Commission. It is mandated to promote and respect compliance with social, economic, political, and legal rights of women to ensure the eradication of discriminatory practices against women.’

Khyber Pakhtunkhwa (page 76)

‘The Khyber Pakhtunkhwa Maternity Benefits Act 2013 creates an obligation on all employers operating in the Province to not knowingly employ new mothers at least till after 6 weeks of childbirth. Additionally, Section 7 states that employers cannot dismiss a woman without sufficient cause, only based on her pregnancy, and Section 5 makes provisions for maternity benefits to be paid for a period of 12 weeks. Such laws allow the protection of women, especially expectant mothers from discriminatory practices and regulate business activity to ensure that adverse impacts on the rights of women are curtailed.’

Balochistan (page 77)

‘The West Pakistan Maternity Benefit Ordinance 1958 applies in Balochistan which states that women cannot be discriminated against based on being expectant mothers. It establishes that employers must pay maternity benefits in such cases prior to and after the birth of the child.

The Women Development Department, Balochistan was created in 2009 and its primary aim is the elimination of socio-economic discrimination against women. It is responsible for the implementation of the National Action Plan for Women and the implementation of CEDAW for Balochistan, which includes the creation of policies and regulatory practices that target business enterprises to curb discrimination against women at the workplace.

The Gender Equality and Women Empowerment Policy was launched in 2013 and the Action Plan there under has authorized the Women Development Department to implement the same.’

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

Punjab (page 78)

‘The Disabled Persons (Employment and Rehabilitation) Ordinance 1981 applies in Punjab and provides support to Persons with Disabilities to find employment and be treated equally at places of work.

The Punjab Minimum Wages Act 2019 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.

[…]

The Human Rights and Minorities Affairs Department was established in 2008 to uplift minority rights and promote human rights in Punjab. The Department deals with human rights abuses and has established a Minority Advisory Council and a Provincial Task Force on human rights to promote economic, social, and religious welfare of minorities to ensure that discriminatory practices are curbed by way of suggestions for legislative change.

The Provincial Council for Rehabilitation of Disabled Persons has the mandate to safeguard the rights of Persons with Disabilities. This includes the creation of policies which encourage anti-discriminatory laws in all spheres, including non-discrimination in employment.’

Sindh (pages 78-79)

‘Section 8 of the Sindh Differently Abled Persons (Employment, Rehabilitation and Welfare) Act 2014 stipulates that not less than 2% of the total number of persons employed must be Persons with Disabilities.

The Sindh Minimum Wages Act 2015 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’

Khyber Pakhtunkhwa (pages 79-80)

‘The Khyber Pakhtunkhwa Disabled Persons (Employment and Rehabilitation) Amendment Act, 2012 focuses on the regulation and introduction of laws and practices that curb anti-discrimination against Persons with Disabilities in employment and emphasizes the need to ensure equal opportunities for such individuals as well.

The Khyber Pakhtunkhwa Minimum Wages Act 2013 prohibits discrimination based on religion in the payment of wages.

[…]

The Khyber Pakhtunkhwa Directorate of Human Rights was established in 2014 by way of the Promotion, Protection and Enforcement of Human Rights Act. The Directorate deals with monitoring human rights in the Province of Khyber Pakhtunkhwa and reviews existing law and its compliance with international instruments which Pakistan has ratified which includes a review of discriminatory practices to ensure that economic, social, political, and legal rights are available to all without any distinction.’

Balochistan (page 80)

The Balochistan Assembly has introduced the Persons with Disabilities Act 2017 which requires the Government to ensure that Persons with Disabilities are given equal opportunities to pursue their economic, social, and cultural rights. To eliminate discrimination against Persons with Disabilities, the Act mandates a 5 percent quota for employment which applies to corporate entities as well.

The Social Welfare Department Balochistan was established in 1962 and aims to provide a better social environment in Balochistan. It assists in the formulation and publication of programs for the protection of human rights in the Province and aims to eliminate all forms of discrimination and inequality by harmonizing existing laws with international human rights instruments.