Pakistan – Gender & women’s rights

By Daniel Morris | 7. February 2022

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: […] (3) 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).

Federal and Provincial (page 16)

‘4. Review and update existing legislation to strengthen the protection of human rights within the context of business activity, incorporating gender equality as a foundational and cross-cutting theme, in line with Pakistan’s Constitutional and international obligations, and in support of the framework of the UNGPs.

Performance indicator(s): (i) Review report; (ii) Number of laws updated

UN Guiding Principle(s): 1, 3

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 4 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities, and designating Cabinet Secretariat; Provincial Human Rights Departments; Provincial Social Welfare Departments; National Commission on Human Rights; National Commission on Child Welfare and Development; National Commission on the Status of Women; Ministry of Industries and Production; Ministry of Commerce; Chambers of Commerce; Labour Unions; Ministry of Planning, Development and Reform; Ministry of Parliamentary Affairs; Ministry of Climate Change; Ministry of Interior; Ministry of Federal Education & Professional Training; Ministry of Inter-Provincial Coordination; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Religious Affairs and Interfaith Harmony; Parliamentary Functional Committee on Human Rights; National Commission on the Rights of the Child as Additional Entities (page 44).

3.2. NAP Priority Areas

3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion

‘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.’

Proposed Actions

Federal (page 20)

‘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; Ministry of Industries and Production; Provincial Commissions on the Status of Women; Ministry of Law & Justice; Provincial Human Rights Departments; Ministry of Overseas Pakistanis and Human Resource Development; Provincial Women Development Departments; CSOs and NGOs; and the Business Community as Additional Entities (page 48).

Federal and provincial (pages 20-22)

‘16. Review, and amend where required, existing laws pertaining to all forms of violence against women and girls, and ensure effective functioning of Gender-Based Violence Courts.

Performance indicator(s): (i) Review report; (2) Number of laws amended

UN Guiding Principle(s): 1, 2, 3, 8, 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 16 designating the Ministry of Human Rights, the National Commission on the Status of Women and the Ministry of Law and Justice as Leading Entities (page 48).

‘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 deisgnating the Ministry of Finance, Revenue and Economic Affairs; Ministry of Human Rights; Ministry of Commerce as Leading Entities, and designating Ministry of Industries and Production; Ministry of Information Technology; Provincial Human Rights Departments; National Commission on Human Rights; National Commission on the Status of Women; Ministry of Law & Justice; Provincial Law Departments; Provincial Commerce Departments; Provincial Industries and Production Departments; NGOs and CSOs; Federal and Provincial Women Development Departments; 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).

‘29. Establish Provincial Entrepreneurial Advisory Cells for and led by women and vulnerable or marginalised groups. Performance indicator(s): (i) Number of cells established

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

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 29 designating the Provincial Small and Medium Enterprises Development Authorities and the Provincial Chambers of Commerce & Industry as Leading Entities (page 54).

‘30. Develop mechanisms to ensure vocational training of female prisoners to rehabilitate them and ensure their participation in the economy after completion of their prison sentences.

Performance indicator(s): (i) Number of female prisoners trained

UN Guiding Principle(s): 3, 9

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 30 designating the Provincial Home Departments; Provincial Women Development Departments; Provincial Vocational Training Authorities as Leading Entities, and designating the Provincial Human Rights Departments and the Provincial Commissions on the Status of Women as Additional Entities (page 55).

3.2.4. Labour Standards and the Informal Economy

Proposed Actions

Federal (pages 28-29)

‘37. Adopt a National Policy on Home Based Workers (HBW).

Performance indicator(s): (i) Adoption of Policy

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

Relevant SDG(s): Goal 5 – Gender Quality; 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 37, designating the Ministry of Human Rights, the National Commission on Human Rights and the Ministry of Overseas Pakistanis and Human Resource Development as Leading Entities, and designating the National Commission on the Status of Women; Provincial Labour & Human Resource Departments; Provincial Human Rights Departments; Provincial Commissions on the Status of Women; Provincial Child Welfare

Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments; CSOs & NGOs as Additional Entities (page 58).

‘38. Ratify ILO Convention No. 177 (Home Workers).

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

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

Relevant SDG(s): Goal 5 – Gender Quality; 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 38 designating the Federal Cabinet of Pakistan as Leading Entity, and designating Ministry of Human Rights; Ministry of Law & Justice; Ministry of Foreign Affairs; Provincial Human Rights Departments; Provincial Commissions Ministry of Overseas Pakistanis and Human Resource Development; Provincial Child Welfare Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry

of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments as Additional Entities (page 59).

‘39. Ratify ILO Convention No. 189 (Domestic Workers).

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 Quality; 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 39 designating the Federal Cabinet of Pakistan as Leading Entity, and designating the Ministry of Foreign Affairs, the Ministry of Law and Justice, the Ministry of Human Rights, the Ministry of Parliamentary Affairs and the Ministry of Planning, Development and Reform as Additional Entities (page 59).

Federal and Provincial (pages 29-30)

‘41. Strengthen labour inspection mechanisms, including by ensuring the sufficient funding and capacity of the mechanisms, and conduct regular inspections of business enterprises, including in the informal economy, to safeguard adherence to minimum wage and other labour rights. Ensure inclusion of women as labour inspectors as well.

Proposed Performance indicator(s): (i) Measures taken to strengthen labour inspection mechanisms; (ii) Number of inspections carried out

UN Guiding Principle(s): 1, 2, 3, 4

Relevant SDG(s): Goal 1 – No Poverty; 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 41 designating the Provincial Labour and Human Resources Departments as Leading Entity and the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Human Rights Departments, the Provincial Mines and Minerals Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments (page 60).

‘42. Conduct a review process of labour laws, standards, and policies to gauge the differentiated impacts or deficits of these laws, standards and policies on women and vulnerable or marginalised workers, including in the informal economy, and identify and enact as required new or amended laws, standards, or policies.

Performance indicator(s): (i) Review process reports; (ii) Proposal of Amendments; (iii) Laws, standards, or policies enacted

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

Relevant SDG(s): Goal 5 – Gender Quality; 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 42 designating the Provincial Governments and the Provincial Labour & Human Resources Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women; Provincial Law Departments; Provincial Human Rights Departments; Provincial Women Development Departments; Provincial Departments of Empowerment of Persons with Disabilities; Provincial Social Welfare Departments; Provincial Labour Departments; Provincial Industries Departments; Provincial Commerce Departments; Provincial Rural Development Departments; Provincial Local Government Departments as Additional Entities (page 61).

Provincial (page 31)

‘48. Pass Provincial legislation, or strengthen compliance with existing legislation, on Domestic Workers.

Performance indicator(s): (i) Provincial legislation passed or steps taken to strengthen compliance

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 5 – Gender Quality; 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 48 designating the Provincial

Governments; Chief Minister’s Inspection Team; Provincial Labour and Human Resource Departments as Leading Entities, and designating the Provincial Law and Parliamentary Affairs Departments; Business Community; Provincial Local Government Departments; Provincial Social Welfare Departments; Provincial Women Development Departments; Workers Welfare Boards; NGOs & CSOs as Additional Entities (page 64).

‘50. Conduct an Impact Assessment of COVID-19 on the tourism industry (including a gender impact assessment), with a focus on adverse human rights impacts.

Performance indicator(s): (i) Impact Assessment Reports

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

Relevant SDG(s): Goal 1 – Zero Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 11 – Sustainable Cities and Communities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 50 designating the Provincial Governments and the Tourism Departments as Leading Entities, and designating the Provincial Finance Departments; Provincial Planning and Development Departments; Provincial Excise and Taxation Departments; Provincial Social Welfare and Human Rights Departments; Provincial Industries, Mines & Minerals Departments; Provincial Labour Departments; Provincial Commerce Departments as Additional Entities (page 65).

3.2.7 | Occupational Health and Safety

Proposed Actions

Federal and Provincial (pages 35-36)

‘62. Bring up-to-date health and safety legislation, standards, rules and guidelines, and independent enforcement mechanism for all sectors, with immediate priority allotted to the most hazardous sectors based on available data or reported concerns, and account for the differentiated needs of workers, including women, elderly workers, and others.

Performance indicator(s): (i) Number of new or updated laws, standards, rules, guidelines, and independent enforcement mechanisms

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 3 – Good Health and Well-being; Goal 5 – Gender Equality; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 62 designating the Ministry of Industries and Production and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Ministry of National Health Services, Regulations and Coordination, the Provincial Health Departments, the Provincial Mines & Minerals Departments, the Chief Minister’s Inspection Teams, the Ministry of Human Rights, the Provincial Human Rights Departments, the Ministry of Planning, Development and Reform, the Provincial Planning and Development Departments, NGOs, CSOs, Trade/Labour Unions, the Business Community as Additional Entities (page 69).

3.2.8. Access to Remedy

Proposed Actions

Federal (page 36)

‘64. Conduct a national study on barriers to entry and advancement of women in the justice sector. Performance indicator(s): (i) National study report

UN Guiding Principle(s): 1, 25

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 64 designating the Ministry of Human Rights; Provincial Human Rights Departmnets; National Commission on the Status of Women as Leading Entities, and designating the Provincial Industries and Commerce Departments; the Federal & Provincial Ombudspersons for Sexual Harassment as Additional Entities (page 69).

Federal and Provincial (pages 36-37)

‘65. Establish Labour Courts in all districts, and review the existing framework of Labour Courts, including assessment of gender-responsiveness, and utilise the findings to increase and strengthen functioning of Courts to provide for the efficient handling of industrial disputes and the effective protection of labour rights.

Performance indicator(s): (i) Number of newly established Labour Courts; (ii) Review reports; (iii) Budgetary allocations

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

Relevant SDG(s): 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 65 designating the Federal and Provincial Governments; Ministry of Law and Justice; Provincial Law Departments; Provincial Labour Departments; Legal experts as Leading Entities, and designating the High Courts, Supreme Court of Pakistan, Law and Justice Commission of Pakistan; Ministry of Parliamentary Affairs; Provincial Parliamentary Affairs Departments; Trade/Labour Unions as Additional Entities (page 70).

Provincial (page 37)

‘69. Conduct compliance review to verify that effective and gender responsive organizational remedial mechanisms, including Inquiry Committees, are established in all public and private enterprises.

Performance indicator(s): (i) Compliance review report

UN Guiding Principle(s): 1, 2, 3, 12, 15, 22, 23, 25, 28, 29

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 69 designating the Industries and Commerce Departments and Fact-Finding Committees as Leading Entities, and designating the Relevant Industries and Businesses as Additional Entities (page 71).

CHAPTER 4: State Expectations of Business Enterprises (pages 38-39)

‘To facilitate and guide business enterprises in ensuring compliance with and supporting the effective implementation of the NAP priority areas and the UNGPs, the State of Pakistan expects business enterprises to: […]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as the Gender Dimensions of the UNGPs, […] Women’s Empowerment Principles, […]OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, […], and other guidelines and standards applicable to their respective sectors.’

ANNEX II: Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (page 72)

‘Inclusion of marginalised communities and women in the formal economy through enactment of laws facilitating the employment of transgender persons and women in different sectors. The Action Plan on Human Rights also prioritizes gender issues.’

B | Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

Gender-Based Discrimination (pages 73-75)

‘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 Ministry of Human Rights has launched a helpline aimed at offering legal advice and support regarding women’s right to inheritance. The Ministry has also launched an awareness campaign on ‘Rights of the Girl Child’.

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.

Benazir Income Support Programme was inaugurated to provide social assistance to women by giving interest free financial assistance to female beneficiaries under their Waseela-e-Haq (Micro-Finance) programme to start their own businesses. Additionally, the Waseela-e-Sehat programme subsidizes health care for beneficiaries and provides life insurance to close to one million women while the Waseela-e-Rozgar programme provides vocations and technical trainings. Similary the Ehsaas Program includes components related to financial assistance, micro[1]credit, interest free loans, and similar initiatives for women and vulnerable or marginalised groups.

The Election Act 2017 was passed to improve women’s participation in elections by requiring political parties to field women candidates on at least 5% of the general seats for the National and Provincial Assemblies. The Election Commission of Pakistan is empowered to nullify results in constituencies where women’s turnout is equal to or less than 10% and to take necessary actions against any agreements that ban women from voting.’

Punjab (page 75)

‘The Punjab Fair Representation of Women Act 2014 creates an obligation on public sector bodies to ensure a 33% quota for women in decision-making positions.

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 Protection against Harassment of Women at the Workplace Act 2010 ensures that women are provided adequate protection against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at the workplace in accordance with the provisions of the Act. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.

The Sindh Women Agriculture Workers Act 2019 was promulgated to protect the social security rights of female labourers in Sindh.

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[1]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 (pages 76-77)

‘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.

The Khyber Pakhtunkhwa Protection against Harassment of Women at Workplace Act 2018 ensures that women are provided adequate protection against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at the workplace. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.

The Khyber Pakhtunkhwa Commission on the Status of Women was established under the Khyber Pakhtunkhwa Commission on the Status of Women Act 2016 and is mandated to oversee implementation of laws and policies to ensure the protection of women’s rights and to encourage participation in economic activity without any distinction.’

Balochistan (page 77)

‘The Balochistan Protection Against Harassment of Women at Workplace Act 2016 provides adequate protection to women against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at workplace in accordance with the provisions of the Act. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.

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 Punjab Commission on the Status of Women was established to empower women and promote gender equality.’

Khyber Pakhtunkhwa (page 79)

‘The policy also highlighted the difficulties faced by transgender persons in Khyber Pakhtunkhwa and committed to taking steps through the integration of policies and programs for the promotion of transgender persons in skill development and job placement in industrial and commercial establishments. It was affirmed through this policy that transgender persons will be mainstreamed in all economic sectors, barriers for their participation in economic activities will be removed and their accessibility will be increased to all educational, vocational and workplace institutions.’