Pakistan

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 […] the elimination of child labour.’

‘The NHRIs in Pakistan have an evolving role and special powers to protect human rights and improve Pakistan’s reporting standards internationally. In addition to the National Commission for Human Rights (NCHR), other NHRIs include the National Commission on Child Welfare and Development (NCCWD), the National Commission on the Rights of the Child (NCRC) […].’

 

CHAPTER 3 – National Action Plan Priority Areas and Proposed Actions

3.1.  General Proposed Actions (page 15)

• Federal

‘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: […] (2) abolishment of child labour […].

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 Annex I: Implementation Plan, Proposed Action 1 designating the Ministry of Human Rights, Ministry of Overseas Pakistanis and Human Resource Development and the Ministry of Commerce as Leading Entities (page 42).

3.2. NAP Priority Areas

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

‘As established during the NBA and consultative process, Pakistan’s labour challenges stem from the lack of strict enforcement of labour laws at the ground level [including] […] child labour.’

‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. […] Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, […].’

3.2.5. Child Labour (page 32)

‘As established during the NBA and consultative process, legislation regarding child labour in Pakistan requires more effective implementation and enforcement at the ground level. Additionally, lapses in procedural safeguards such as the appointment of labour inspection mechanisms hinder progress. Furthermore, greater consensus and coherence regarding the definitions of child labour, hazardous work, and the worst forms of child labour is also needed. The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments. Additionally, in March 2019, the Ministry of Human Rights, with the support of UNICEF, launched a national Child Labour Survey. The results of this survey will be used to generate evidence-based cross-sectoral responses to support the eradication of child labour across Pakistan.’

Proposed Actions

• Federal (page 32)

‘51. Conduct a national study to determine progress made against the elimination of child labour in all its forms by 2025 in line with SDG 8.7, and provide recommendations and actions for rectification of gaps.

Performance indicator(s): (i) Amendment of law UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions

This information is also covered under Appendix I: Implementation Plan, Proposed Action 51, designating the Ministry of Human Rights, the Commission on Human Rights and the National Commission on the Rights of the Child as Leading Entities (page 65).

‘5.2. Amend the Children (Pledging of Labour) Act 1933 to raise the penalties payable, by both parents/guardians and employers, for the pledging and employment of children.

Performance indicator(s): (i) Amendment of law

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; 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 52, designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Parliamentary Functional Committee on Human Rights and the National Commission on the Rights of the Child as Additional Entities (page 65).

•  Federal and Provincial (pages 32-33)

’53. Pass legislation, and amend existing legislation where applicable, and ensure implementation, on Employment of Children to (1) raise the age of a child, as defined by the legislation, to the compulsory school-going age of 16, per Article 25-A of the Constitution; (2) prohibit hazardous work under the age of 18; (3) raise the penalties payable for violations; and (4) include domestic work amongst schedule of hazardous occupations.

Performance indicator(s): (i) Legislation or amendments enacted

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; 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 53 designating the Ministry of Law and Justice, the Provincial Law Departments, the Provincial Labour Departments and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs, the Provincial Parliamentary Affairs Departments, the Provincial Human Rights Commission on the Rights of the Child, the National Commission for Child Welfare and Development, the Ministry of Inter-Provincial Coordination and the Ministry of Interior as Additional Entities (page 66).

’54. Conduct nationwide awareness and advocacy campaigns on children’s fundamental right to education and the elimination of child labour.

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

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; 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 54 designating the Ministry of Human Rights and the Provincial Human Rights Departments as Leading Entities, and designating the National Commission for Child Welfare and Development, the Provincial Child Welfare Departments/Bureaus, the National Commission on the Rights of the Child, the Provincial Social Welfare Departments, the Ministry of Federal Education and Professional Training, the National Commission on Human Rights, Media, CSOs & NGOs, the Ministry of Information, Broadcasting, National History and Literary Heritage and the Provincial Education Departments as Additional Entities (page 66).

3.2.8. Access to Remedy

Proposed actions

• Federal and provincial (page 37)

‘66. Establish Child Protection Courts in all districts, and review the framework of existing Child Protection Courts to include the authority to direct the training and rehabilitation of victims of child labour.

Performance indicator(s): i) Number of newly established Child Protection 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 66 designating the Ministry of Human Rights, the Ministry of Law and Justice, Provincial Home Departments, Provincial Legal Departments and Legal experts as Leading Entities, and designating the High Courts, the Supreme Court of Pakistan, the Law and Justice Commission of Pakistan, the Provincial Human Rights Departments, the Federal Public Service Commission, the Provincial Service Commissions, the Federal Judicial Academy and the Provincial Judicial Academies as Additional Entities (page 70).

 

CHAPTER 4: State Expectations of Business Enterprises (pages 38-41)

‘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:

[…]

2. Ensure the elimination of child labour, forced or bonded labour, and all forms of modern slavery from their business operations and supply chains. This may be expedited through the utilisation of effective and thorough human rights due diligence.

[…]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] OECD Practical Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains […].’

 

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 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’.’

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

• Sindh (page 79)

‘The Sindh Labor Policy 2018 contains a separate chapter that covers the following: […] iii) Child labour […].’

v. Child Labour

• ICT (page 84)

‘Domestic child labour was proscribed through an amendment in 2021 on Employment of Children Act 1991.’

• Punjab (page 84)

‘In 2016, the Punjab Government passed the Punjab Restriction on Employment of Children Act, which prohibits employing children in hazardous occupations. It also imposes a fine of up to fifty thousand rupees and jail time of at least 7 days, which can be extended up to 6 months if the provisions of the Act are disregarded. The Act also contains punishments for those caught subjecting children to slavery, prostitution, or have them involved in illicit activities such as drug trafficking i.e. jail time of up to 7 years and no less than 3 years and a fine of no less than three thousand rupees and no more than one million rupees.

The Punjab Prohibition of Child Labour at Brick Kilns Act prohibits the employment of anyone younger than 15 years old at brick kilns.

Elimination of child labour and bonded labour project has been initiated in Punjab to provide education to vulnerable children, rehabilitate bonded laborers working in brick kilns, promote integration and coordination of Government responses, strengthen legislation, increase the capacity of law enforcement and service providers, and increase the knowledge base on these issues. As of May 2017, the program provided cash assistance to families of 88,000 child laborers to support children to attend school rather than working in brick kilns. The project ended in July 2018.’

• Sindh (page 84)

‘The Sindh Prohibition of Employment of Children Act 2017 prohibits the employment of children and regulates the employment of adolescents in certain occupations of work.’

• Khyber Pakhtunkhwa (page 85)

‘The Khyber Pakhtunkhwa Prohibition of Employment of Children Act 2015 is a specialized law which defines a child as anyone under the age of 15 years old, and states that a child above the age of 12 years old can engage in light work for a maximum of 2 hours per day alongside a family member to acquire skills. Moreover, it stipulates that no adolescents (between 15 – 18 years old) can be engaged in hazardous work.’

• Balochistan (page 85)

‘In 2016, the Balochistan Assembly passed the Balochistan Child Protection Act, which provides protection to children from all forms of mental or physical violence, injury, neglect or negligent treatment, maltreatment, or exploitation, including sexual abuse.’

Read more about Children’s rights

CHAPTER 4: State Expectations of Business Enterprises (page 40)

‘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 […] OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas […]’

Read more about Conflict-affected areas

Pakistan’s NAP does not explicitly address this issue. 

Read more about Construction sector

CHAPTER 2: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 18)

‘As established during the NBA and consultative process, lack of financial transparency especially in relation to corruption and bribery are prevalent in Pakistan. These have a direct correlation with human rights as the lack of financial transparency contributes to money laundering, terror financing and tax evasion, which negatively impact social development programmes and human rights. Additionally, the nexus between corruption and the adverse impact on human rights needs to be explicitly highlighted in legislation and policies, and in the working of law enforcement bodies.

Various laws and regulations have been introduced by the State of Pakistan to curb corrupt practices and activities involving bribery. Similarly, enforcement mechanisms have also been established to ensure the effective implementation of the laws and regulations prohibiting corruption and activities involving bribery. […]’

Proposed Actions

• Federal (page 18)

‘9. Pass the Whistleblower Protection and Vigilance Commission Bill 2019 to ensure protection of whistle-blowers disclosing information related to financial discrepancies and corruption.

Performance indicator(s): Enactment of the Whistleblower Bill

UN Guiding Principle(s): 1, 3

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

This information is also covered under Appendix I: Implementation Plan, Proposed Action 9 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities (page 46).

’12. Further strengthen judicial processes and create awareness on issues related to Anti-Money Laundering/Counter Terror Financing (AML/CTF) to encourage financial transparency.

Performance indicator(s): Number of trainings on AML/CTF

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

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

This information is also covered under Appendix I: Implementation Plan, Proposed Action 12 designating the Ministry of Human Rights, the Ministry of Law and Justice and the Anti-Corruption and Economic Crime Wing (Federal Investigation Agency) as Leading Entities, and designating the National Accountability Bureau, the Securities and Exchange Commission of Pakistan, the State Bank of Pakistan, the Provincial Home Departments, the Provincial Law Departments, the Supreme Court of Pakistan, the High Courts, the District Courts, the Federal and Provincial Judicial Academies, the Federal and Public Service Commissions, the Anti-Narcotics Force, the Anti-Terror Courts, the Provincial Anti-Corruption Bodies as Additional Entities (page 46).

 

ANNEX II: Actions Already Undertaken by Pakistan

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

‘The Public Sector Companies (Corporate Governance) Rules 2013 have been promulgated, which require that a Code of Conduct be created which articulates acceptable and unacceptable behaviour, and ensures that adequate systems are in place for the identification and redressal of grievances from unethical practices.’

B. Measures Relevant to NAP Priority Areas

i. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 73)

‘The Public Procurement Regulatory Authority has also been established at a Federal and Provincial level to assess procedures and take measures to improve governance, management, transparency, and accountability of all work related to public procurement. Should any changes require specific laws or rules, the Authority can recommend new laws and policies to the State to be enacted.’

‘Pursuant to Pakistan’s grey-listing by FATF, several laws and guidelines relating to AML/CTF have been passed. The Financial Monitoring Unit has been set up to investigate cases of suspicious transactions. The regulations and policies promulgated by the State in this regard aim to enhance financial transparency of different business entities.’

Read more about Corporate law & corporate governance

CHAPTER 1: National Action Plan on Business and Human Rights

1.4. Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (Page 10)

‘Pakistan’s GSP+ Status […] was granted in light of and to support Pakistan’s efforts at strengthening compliance with the 27 core international conventions pertaining to human rights, labour, corruption and the environment […] and will be further strengthened through the protection of human rights in business activity. The NAP provides a strong framework to support Pakistan’s commitments under schemes such as GSP+.’

Chapter 2: Protect, Respect, Remedy Framework

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

‘There are several other laws that specifically deal with the human rights of citizens with regards to protection from environmental degradation, corrupt practices, unlawful land arrangements, tax evasion, etc.’

Pillar II | Corporate Responsibility to Respect Human Rights (page 13)

‘Pakistan also has in place laws relating to corruption & bribery, protection of the environment, taxation, land arrangements, consumer protection and the right to information in the context of business activity.’

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 18)

‘As established during the NBA and consultative process, lack of financial transparency especially in relation to corruption and bribery are prevalent in Pakistan. These have a direct correlation with human rights as the lack of financial transparency contributes to money laundering, terror financing and tax evasion, which negatively impact social development programmes and human rights. Additionally, the nexus between corruption and the adverse impact on human rights needs to be explicitly highlighted in legislation and policies, and in the working of law enforcement bodies.

Various laws and regulations have been introduced by the State of Pakistan to curb corrupt practices and activities involving bribery. Similarly, enforcement mechanisms have also been established to ensure the effective implementation of the laws and regulations prohibiting corruption and activities involving bribery. […]’

Proposed Actions

• Federal (page 18)

‘9. Pass the Whistleblower Protection and Vigilance Commission Bill 2019 to ensure protection of whistle-blowers disclosing information related to financial discrepancies and corruption.

Performance indicator(s): Enactment of the Whistleblower Bill

UN Guiding Principle(s): 1, 3

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

This information is also covered under Appendix I: Implementation Plan, Proposed Action 9 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities (page 46).

’12. Further strengthen judicial processes and create awareness on issues related to Anti-Money Laundering/Counter Terror Financing (AML/CTF) to encourage financial transparency.

Performance indicator(s): Number of trainings on AML/CTF

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

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

This information is also covered under Appendix I: Implementation Plan, Proposed Action 12 designating the Ministry of Human Rights, the Ministry of Law and Justice and the Anti-Corruption and Economic Crime Wing (Federal Investigation Agency) as Leading Entities, and designating the National Accountability Bureau, the Securities and Exchange Commission of Pakistan, the State Bank of Pakistan, the Provincial Home Departments, the Provincial Law Departments, the Supreme Court of Pakistan, the High Courts, the District Courts, the Federal and Provincial Judicial Academies, the Federal and Public Service Commissions, the Anti-Narcotics Force, the Anti-Terror Courts, the Provincial Anti-Corruption Bodies as Additional Entities (page 46).

 

ANNEX II | Actions Already Undertaken by Pakistan

B. Measures Relevant to the NAP Priority Areas

i. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 73)

‘Corruption in the public sector has been criminalised under various legislative instruments such as the Pakistan Penal Code 1860 and the Prevention of Corruption Act 1947.

The Local Government Acts and Ordinances, which apply at both Federal and Provincial levels, also provide guidance to public officials to ensure that their actions do not constitute corruption or misuse of authority.

The Eradication of Corrupt Business Practices Ordinance 1998 has also been promulgated to enforce anti-corruption laws against companies. This law criminalises any act of corruption carried out during business activity.

The National Accountability Bureau (NAB) has been established to ensure the enforcement of laws and to investigate and prosecute crimes of corruption. In recent years, the independence of NAB has been strengthened to ensure that all cases of corruption and financial misrepresentation are thoroughly investigated. In this regard, the Federal Investigation Agency, and the Federal Board of Revenue supplement the work of the NAB to ensure that criminal actions involving corruption are adequately addressed.

The Provincial Anti-Corruption Establishments have also been set up to investigate offences of corruption by public servants.’

Read more about Corruption

CHAPTER 1: National Action Plan on Business and Human Rights

1.5. COVID-19 and the NAP (page 11)

‘Additionally, the COVID-19 pandemic has had a major impact on the nature of business in terms of the increasing amount of corporate activity moving to the digital realm, and the rapidly increasing role of freelance work and the gig economy. In light of these rapid changes, it is imperative that human rights are given the same level of importance in the digital economy. It is crucial that the rights of workers in the digital economy are respected, and ethical guidelines concerning data protection and privacy are adhered to.’

Read more about Data protection & privacy

Pakistan’s NAP does not explicitly address this issue. 

Read more about Development finance institutions

The Pakistanese NAP does not make a direct reference to the Energy sector.

Read more about Energy sector

CHAPTER 1: National Action Plan on Business and Human Rights

1.4. Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (Page 10)

Pakistan’s GSP+ Status, which was granted in light of and to support Pakistan’s efforts at strengthening compliance with the 27 core international conventions pertaining to human rights, labour, corruption and the environment, is contingent upon the implementation of these conventions, and will be further strengthened through the protection of human rights in business activity. The NAP provides a strong framework to support Pakistan’s commitments under schemes such as GSP+.

 

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 from environmental degradation […].’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.3 | Human Rights Due Diligence

Proposed Actions

• Federal (page 25)

’31. Develop policy, including a proposed regulatory model, on the requirement of human rights due diligence for the approval of large-scale projects where the business activity poses a significant risk to the rights of a community at large, and incorporate into relevant existing Rules and Guidance.

Performance indicator(s): (i) Policy development; (ii) incorporation into relevant existing Rules and Guidelines

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 17, 23

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 31 designating the Ministry of Commerce; the Ministry of Human Rights; the Ministry of Industries of Production; the Provincial Industries and Production Departments as Leading Entities, and designating the Provincial Commerce Departments, the Provincial Human Rights Departments; the board of Investments; the Pakistan Environmental Protection Agency; the Ministry of Energy; the Provincial Women Development Departments as Additional Entities (page 35). 

 

ANNEX II | Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (pages 72-73)

‘Section 204 (2) of the Companies Act 2017 states that directors of a company are to act in good faith in promoting the objects of a company and must ensure that their actions are in the best interest of the company, its employees, shareholders, the community, and the environment.’

‘Protection from environmental degradation is also a priority for Pakistan. Under the State Bank Guidelines for Infrastructure Project Financing, companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.

The Pakistan Environmental Protection Act 1997 also provides for environmental impact assessments and initial environmental examinations to ensure the protection of the environment in carrying out business activity.’

B | Measures Relevant to NAP Priority Areas

iii. Human Rights Due Diligence (page 80)

‘The State Bank has developed guidelines which provide that as a pre-requisite companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.

In the sustainability reports of businesses within Pakistan, corporate social responsibility (CSR) is a major component. This mostly covers health, safety, and environmental policies.

[…]

Many companies especially State Owned, and Controlled Entities have taken initiatives of their own as part of their Corporate Social Responsibility programs including education, health, women empowerment, community building, and the environment.’

Read more about Environment & climate change

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

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 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

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 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.

Read more about Equality & non-discrimination

Pakistan’s NAP does not explicitly address this issue. 

Read more about Export credit

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2 | NAP Priority Areas

3.2.4 | Labour Standards and the Informal Economy

Proposed Actions

• Federal and provincial (page 29)

’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 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 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).

‘44. Formalise all enterprises, including in the informal economy, and digitise business data. Performance indicator(s): (i) Number of enterprises formalised; (ii) Number of businesses that have adopted digitisation

UN Guiding Principle(s): 1, 3, 8, 11, 15, 21

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 44 designating the Provincial Industries, Mines and Minerals, Labour and Commerce Departments and the Provincial Social Welfare and Human Rights Departments as Leading Entities, and designating the Provincial Information Departments, the Provincial Finance Departments, the Business Community, Labour/Trade Unions, CSOs and NGOs as Additional Entities (page 62).

‘45. Formalise and strengthen wage payment mechanisms across all sectors, including the informal economy.

Performance indicator(s): (i) Formalisation of wage payment mechanism; (ii) Number of persons newly covered under formalized wage payment mechanism

UN Guiding Principle(s): 1, 3, 8, 11, 13, 15, 17, 22, 23

Relevant SDG(s): Goal 1 – No Poverty; 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 45 designating the Provincial Governments, the Provincial Finance Departments, the Provincial Labour Departments as Leading Entities, and designating the Provincial Chief Minister’s Inspection Teams, the Provincial Home Departments, the Provincial Information Departments, the Provincial Local Government and Rural Development Departments, the Provincial Mines and Minerals Departments, the Provincial Planning and Development Departments, the Provincial Population Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Ombudspersons, Labour/Trade Unions and the Business Community as Additional Entities (page 62).

‘46. Provide life insurance and ensure compulsory EOBI Registration.

Performance indicator(s): (i) Number of newly registered establishments/industries; (ii) Number of newly registered insured persons

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

Relevant SDG(s): Goal 1 – No Poverty; 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 46 designating the EOBI and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Provincial Industries and Commerce Departments, the Provincial Social Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Mines & Minerals Departments, the Provincial Health Departments, the Provincial Law Departments, the Provincial Information Departments, the Business Community, Labour/Trade Unions and the Chief Minister’s Inspection Teams as Additional Entities (page 63).

‘47. Ensure provision of appointment letter or employment contracts as a requirement in the informal economy.

Performance indicator(s): (i) Number of employees issued appointment letters/contracts; (ii) Results of labour inspections/ spot-checks

UN Guiding Principle(s): 1, 2, 3, 11

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 47 designating the Provincial Governments, the Provincial Labour Departments and the Provincial Labour Inspectorates as Leading Entities, and designating the Chief Minister’s Inspection Teams, the Provincial Human Rights Departments, the Provincial Labour Departments, the Provincial Law Departments, the Business Community, the Provincial Mines & Minerals Departments, the Provincial Industries, Commerce and Investment Departments, the Provincial Local Government Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments as Additional Entities (page 63).

 

3.2.7 | Occupational Health and Safety Proposed Actions

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).

 

CHAPTER 4: State Expectations of Business Enterprises (page 40-41)

‘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 […] OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, OECD Practical Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains […]

14. Businesses are also encouraged to participate in initiatives such as the […] Extractive Industries Transparency Initiative, and similar networks, which will allow them to better understand and implement international human rights standards within the business context.’

Read more about Extractives sector

Pakistan’s NAP does not explicitly address this issue.

Read more about Finance & banking sector

The Pakistan NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors.

Read more about Fisheries and aquaculture sectors

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 […] forced labour […].’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

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

‘Pakistan has also ratified several ILO Conventions that require States to […] eradicate […] forced labour or any forms of modern slavery.’

3.2.6 | Forced or Bonded Labour (page 33)

‘The Constitution of Pakistan and Pakistan’s core criminal legislation, the Pakistan Penal Code, prohibit forced or bonded labour. The Prevention of Trafficking in Persons Act 2018 and the Bonded Labour (Abolition) Act 1992 also prohibit bonded labour. Additionally, the Bonded Labour (Abolition) Act calls for the establishment of Vigilance Committees at the district level to monitor and report any instances of forced or bonded labour. Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’

Proposed Actions

• Federal (pages 33-34)

‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).

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

UN Guiding Principle(s): 1, 3

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

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).

‘56. Amend the Bonded Labour (Abolition) Act 1992 to provide more stringent punishments against those violating the law and to incorporate provisions on Government aid and rehabilitation programs for victims of forced or bonded labour.

Performance indicator(s): (i) Amendment to law

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

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 56 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs, the Parliamentary Functional Committee on Human Rights and the National Commission on the Rights of the Child as Additional Entities (page 67).

‘57. Amend Section 374 of the Pakistan Penal Code (in relation to unlawful compulsory labour) to increase the sentence from the current one-year sentence up to a maximum of life imprisonment for the most severe violations. Performance indicator(s): Amendment to the Pakistan Penal Code

UN Guiding Principle(s): 1, 3

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 57 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Interior, the National Commission on the Rights of the Child, the Ministry of Parliamentary Affairs, the Parliamentary Functional Committee on Human Rights and the Federal Judicial Academy as Additional Entities (page 67).

• Federal and Provincial (page 34)

‘58. Ensure the establishment, proper functioning, and introduce capacity-building programmes for District Vigilance Committees, established under the Bonded Labour System (Abolition) Act 1992.

Performance indicator(s): (i) Number of District Vigilance Committees established and functional; (ii) Number of capacity-building activities

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

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 58 designating the Ministry of Human Rights, the Provincial Human Rights Departments and the Provincial Labour Departments as Leading Entities, and designating the Ministry of Planning, Development and Reform, the Ministry of Industries & Production, the National Commission on the Rights of the Child, CSOs, NGOs and Trade/Labour Unions as Additional Entities (page 67).

Read more about Forced labour & modern slavery

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: […] (4) protection of the right to freedom of association.

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 Institution’

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

 

ANNEX II | Actions Already Undertaken by Pakistan

B | Measures Relevant to NAP Priority Areas

iv. Labour Standards and the Informal Economy

• Punjab (page 81)

‘The Punjab Government passed the Industrial Relations Act in 2010, which allows citizens to exercise their right of association by joining trade unions to bargain collectively through their representative.’

• Sindh (page 82)

‘The Sindh Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’

• Khyber Pakhtunkhwa (page 83)

‘The Khyber Pakhtunkhwa Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’

• Balochistan (page 83)

‘The Balochistan Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’

Read more about Freedom of association

4. State expectations of Business Enterprises

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:

• In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as the (…) OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, (…). – page 39

Read more about Garment, Textile and Footwear Sector

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

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 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

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 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.’

Read more about Gender & women’s rights

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.1. General Proposed Actions

• Federal and Provincial (pages 16-17)

‘5. Issue and disseminate BHR guidelines for business enterprises in line with the NAP—its priority areas, proposed actions and State expectations of business enterprises—and with regards to non-financial reporting on corporate human rights policies, human rights due diligence, and remedial mechanisms.

Performance indicator(s): (i) Development of Guidelines; (ii) Number of businesses to which Guidelines are disseminated

UN Guiding Principle(s): 1, 2, 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 5 designating the Ministry of Human Rights; Ministry of Industries & Production; Ministry of Commerce as Leading Entities, and designating the Ministry of Law & Justice; Ministry of Interior; Provincial Human Rights Departments; Securities and Exchange Commission of Pakistan; Ministry of Overseas Pakistanis and Human Resource Development; National Commission for Child Welfare and Development; National Commission on the Rights of the Child as Additional Entities (page 45).

• Federal and Provincial (page 17)

‘8. Incorporate mandatory principles of Business and Human Rights, including the NAP and the UNGPs, into technical and vocational training.

Performance indicator(s): (i) Number of TVET programs incorporating principles of BHR, NAP, and UNGPs

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

Relevant SDG(s): Goal 4 – Quality Education; 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 8 designating the Provincial Education Departments; Provincial Human Rights Departments; Provincial Technical and Vocational Training Authorities as Leading Entities, and designating the Ministry of Social Welfare and Small Industries; Business Community; CSOs and NGOs as Additional Entities (page 46).

 

3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts

Proposed Actions

• Federal (page 19)

‘11. Develop a model Code of Conduct, making explicit the relationship between business and human rights, for businesses that are State owned, controlled or which work with the State.

Performance indicator(s): (i) Development of a Code of Conduct; (ii) Number of businesses to which the Code of Conduct is disseminated; (iii) Number of businesses that formally announce the adoption of Code of Conduct

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’

 

3.2. NAP Priority Areas

3.2.2 | Anti-Discrimination, Equal Opportunity, and Inclusion

Proposed Actions

• Provincial (pages 23-24)

‘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).

‘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).

3.2.3 | Human Rights Due Diligence

Proposed Actions

• Federal and Provincial (page 27)

‘36. Establish voluntary and common standards for conducting and reporting human rights due diligence in business activity, applicable to both the direct operations and across the value chains of public and private enterprises.

Performance indicator(s): (i) Development and dissemination of voluntary standards in line with international best practices

UN Guiding Principle(s): 1, 2, 3, 11, 12, 15, 17, 23

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’

 

CHAPTER 4: State Expectations of Business Enterprises (pages 40-41)

‘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, OECD Guidelines for Multinational Enterprises, OECD Due Diligence Guidance for Responsible Business Conduct, ILO’s Fundamental Principles and Rights at Work, The Ten Principles of the United Nations Global Compact, Women’s Empowerment Principles, OECD-FAO Guidance for Responsible Agricultural Supply Chains, OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, OECD Practical Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains23, IFC Performance Standards, and other guidelines and standards applicable to their respective sectors.

14. Abide by relevant international standards under the International Organisation for Standardization, particularly ISO 26000 – Social Responsibility, and ISO 45001 – Occupational Health and Safety.

15. Businesses are also encouraged to participate in initiatives such as the UN Global Compact, Fair Labor Association, Global Network Initiative, Ethical Trading Initiative, Extractive Industries Transparency Initiative, and similar networks, which will allow them to better understand and implement international human rights standards within the business context.

16. Utilise the available guidelines, resources, and toolkits on how to ensure respect for human rights in business activity provided by organisations such as the Business and Human Resource Centre, Danish Institute of Human Rights, Shift, and several others.’

Read more about Guidance to business

ANNEX II: Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (pages 73-75)

‘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-credit, interest free loans, and similar initiatives for women and vulnerable or marginalised groups.’

B | Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity and Inclusion

• Sindh (page 77)

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

iv. Labour Standards and the Informal Economy

• Punjab (pages 81-82)

‘The Punjab Provincial Employees Social Security (Amendment) Act 2013 increases the wage limit of workers and entitles the nearest kin of a secured employee to a death grant.

[…]

The Provincial Employees Social Security Ordinance 1965 requires an employer to provide health care, including maternity care, to full-time domestic workers under Section 55A.’

• Sindh (page 82)

‘Section 59 of the Sindh Employees’ Social Security Act 2016 states that employers are to provide health care and maternity care to full-time domestic workers.’

• Balochistan (page 84)

‘The Provincial Employees Social Security Ordinance 1965 requires employers to provide health care, including maternity care to full-time domestic workers under Section 55A.’

Read more about Health and social care

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts

Proposed Actions

• Federal (page 18)

‘9. Pass the Whistleblower Protection and Vigilance Commission Bill 2019 to ensure protection of whistle-blowers disclosing information related to financial discrepancies and corruption.

Performance indicator(s): Enactment of the Whistleblower Bill

UN Guiding Principle(s): 1, 3

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

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 9 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities (page 46).

Read more about Human rights defenders & whistle-blowers

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts

Proposed Actions

• Federal (page 18)

‘10. Review and update the Public Procurement Regulatory Authority Rules to incorporate human rights due diligence as a key criterion in the bidding and evaluation process, and give preference to businesses that demonstrate actions taken to meet their human rights obligations.

Performance indicator(s): (i) Updated rules incorporating human rights due diligence

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 10 designating the Ministry of Law and Justice, the Ministry of Human Rights, the Public Procurement Regulatory Authority as Leading Entities, and designating the Provincial Law Departments; Provincial Human Rights Departments; Ministry of Commerce; Provincial Commerce Departments; Ministry of Industries and Production; Provincial Industries & Production Departments; Federal Cabinet; Provincial Governments; NGOs & INGOs with relevant expertise on public procurement; legal experts as Additional Entities (page 46).

 

3.2.3. Human Rights Due Diligence (pages 24-25)

‘As established during the NBA and consultative process, the concept of human rights due diligence in Pakistan currently lacks a legislative framework. An anticipated challenge in the implementation of human rights due diligence is uncertainty and reluctance amongst businesses regarding the regulatory requirements and potential costs of abiding by human rights due diligence standards. The responsibility to respect human rights applies to all businesses irrespective of their size. However, effective human rights due diligence frameworks account for the differences between the sectors, operating contexts, and circumstances of different kinds of business enterprises, and the potential severity and scope of their human rights impacts. Consequently, the scale and complexity of human rights due diligence actions undertaken by different enterprises may vary.

Human rights due diligence is an increasingly prominent area of discussion around the globe, not as a tick-box compliance exercise, but as a vital means to obtaining better human rights outcomes. It is anticipated that export markets will be negatively affected in countries which fall behind in addressing human rights violations across their supply chains. A pragmatic mix of human rights due diligence mechanisms, including the adoption of voluntary and common standards by businesses, as well as the development of a legislative and regulatory framework, will support the strengthening of a sustainable and resilient Pakistani economy. The progress of mandatory human rights due diligence legislation around the globe, especially in important trading partners, will be closely followed by the Government of Pakistan. Pakistan benefits from trade schemes such as GSP+, and the continuous and improved protection of human rights in business activity will only serve to further strengthen Pakistan’s international trading relationships.

Consistent Federal and Provincial coordination will be required to effectively conduct oversight and monitoring of compliance with human rights due diligence expectations. Progress in this regard will require strong communication and cooperation between relevant Ministries, Provincial Departments, and regulatory bodies for the establishment and oversight of human rights due diligence standards and guidelines, followed by the gradual development of a legislative framework.’

Proposed Actions

• Federal (pages 25-26)

‘31. Develop policy, including a proposed regulatory model, on the requirement of human rights due diligence for the approval of large-scale projects where the business activity poses a significant risk to the rights of a community at large, and incorporate into relevant existing Rules and Guidelines.

Performance indicator(s): (i) Policy development; (ii) Incorporation into relevant existing Rules and Guidelines

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 17, 23

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 31 designating the Ministry of Commerce, the Ministry of Human Rights, the Ministry of Industries and Production, the Provincial Industries and Production Departments as Leading Entities, and designating the Provincial Commerce Departments, the Provincial Human Rights Departments, the Board of Investments, the Pakistan Environmental Protection Agency, the Ministry of Energy, the Provincial Women Development Departments as Additional Entities (page 35).

‘32. Conduct feasibility study of human rights certification and provision of market incentives for businesses which demonstrate respect for human rights across their operations, including conducting human rights due diligence and publicising their efforts. Performance indicator(s): (i) Feasibility study report UN Guiding Principle(s): 1, 2, 3, 8 Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions 33. Conduct feasibility study on the future enactment of mandatory human rights due diligence legislation in Pakistan, studying the legislative, regulatory, and economic framework in this regard.

Performance indicator(s): (i) Feasibility study 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 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 32 designating the Ministry of Commerce and the Ministry of Industries and Production as Leading Entities (page 55).

‘33. Conduct feasibility study on the future enactment of mandatory human rights due diligence legislation in Pakistan, studying the legislative, regulatory, and economic framework in this regard.

Performance indicator(s): (i) Feasibility study 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 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 33 designating the Ministry of Commerce and the Ministry of Industries and Production as Leading Entities (page 56).

‘34. Conduct a study on the potential impact of the future enactment of mandatory human rights due diligence legislation by major trading partners, such as the European Union, on Pakistan’s competitiveness in export markets, inflows of foreign direct investment, Pakistan’s role in global supply chains, and schemes such as GSP+.

Performance indicator(s): (i) Assessment report

UN Guiding Principle(s): 1, 2, 3, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 12 – Responsible Consumption and Production; Goal 17 – Partnerships for the Goals’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 34 designating the Ministry of Commerce as Leading Entity (page 56).

• Federal and Provincial (page 27)

‘35. Develop and launch a Human Rights Due Diligence Partnership Project with the private sector, for the purpose of establishing a framework and standards for human rights due diligence reporting.

Performance indicator(s): (i) Launch of Partnership Project

UN Guiding Principle(s): 2, 3, 11, 12, 15, 17, 23

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 35 designating the Federal & Provincial Governments, the Ministry of Human Rights, the Provincial Human Rights Departments as Leading Entities, and designating the Ministry of Climate Change; Ministry of Commerce and Textile; Provincial Commerce Departments; Ministry of Communications; Provincial Communications Departments; Ministry of Energy; Provincial Energy Departments; Ministry of Finance, Revenue and Economic Affairs; Ministry of Industries & Production; Ministry of Law & Justice; Provincial Law Departments; Ministry of Inter-Provincial Coordination, Pakistan Environmental Protection Agency; Ministry of Health; Provincial Health Departments; Federal and Provincial Ombudspersons as Additional Entities (page 57).

‘36. Establish voluntary and common standards for conducting and reporting human rights due diligence in business activity, applicable to both the direct operations and across the value chains of public and private enterprises.

Performance indicator(s): (i) Development and dissemination of voluntary standards in line with international best practices

UN Guiding Principle(s): 1, 2, 3, 11, 12, 15, 17, 23

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 36 designating the Provincial Governments and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Law and Justice; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Provincial Law Departments; Provincial Commerce Departments; Provincial Industries and Commerce as Additional Entities (page 58).

 

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

‘[…]2. Ensure the elimination of child labour, forced or bonded labour, and all forms of modern slavery from their business operations and supply chains. This may be expedited through the utilisation of effective and thorough human rights due diligence […]

6. Establish adequate human rights due diligence mechanisms to identify, prevent, and remedy human rights impacts. Human rights due diligence should consider both internal risks that stem directly from business operations as well as external risks, which relate to all other entities that the business work with across their operations or are linked with through their value chains. Human rights due diligence should be carried out before commercial operations and business activities, proportionate to the size and scope of the enterprise and the scale and complexity of its potential human rights impacts, and on a continuous basis to ensure that integrated findings from impact assessments shape future business decisions. Businesses should also ensure that the risks identified through due diligence and corrective actions taken are adequately reported and communicated to stakeholders, preferably in the form of an annual human rights due diligence report.’

Read more about Human rights due diligence

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.3 | Human Rights Due Diligence

Proposed Actions

• Federal (page 26)

‘34. Conduct a study on the potential impact of the future enactment of mandatory human rights due diligence legislation by major trading partners, such as the European Union, on Pakistan’s competitiveness in export markets, inflows of foreign direct investment, Pakistan’s role in global supply chains, and schemes such as GSP+.

Performance indicator(s): (i) Assessment report

UN Guiding Principle(s): 1, 2, 3, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 12 – Responsible Consumption and Production; Goal 17 – Partnerships for the Goals’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 34 designating the Ministry of Commerce as Leading Entity (page 56).

3.2.4 | Labour Standards and the Informal Economy

Proposed Actions

• Federal and Provincial (pages 29-30)

‘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)

‘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).

 

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

‘[…]6. Establish adequate human rights due diligence mechanisms to identify, prevent, and remedy human rights impacts. Human rights due diligence should consider both internal risks that stem directly from business operations as well as external risks, which relate to all other entities that the business work with across their operations or are linked with through their value chains. Human rights due diligence should be carried out before commercial operations and business activities, proportionate to the size and scope of the enterprise and the scale and complexity of its potential human rights impacts, and on a continuous basis to ensure that integrated findings from impact assessments shape future business decisions […].

7. Identify and manage the human rights impacts of their operations during COVID-19 by using tools such as the Human Rights Due Diligence and COVID-19 Rapid Self-Assessment tool developed by UNDP within the BHR framework.’

 

ANNEX II: Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (page 73)

‘Protection from environmental degradation is also a priority for Pakistan. Under the State Bank Guidelines for Infrastructure Project Financing, companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.

The Pakistan Environmental Protection Act 1997 also provides for environmental impact assessments and initial environmental examinations to ensure the protection of the environment in carrying out business activity.’

B | Measures Relevant to NAP Priority Areas

iii. Human Rights Due Diligence (page 80)

‘[…] The State Bank has developed guidelines which provide that as a pre-requisite companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.

[…] A few multinational companies operating in Pakistan like Jazz, Telenor, and Coca Cola do have due diligence policies in place to address human rights risks through impact assessments.’

Read more about Human rights impact assessments

Pakistan’s NAP does not explicitly address this issue.

Read more about ICT & electronics sector

Pakistan’s NAP does not explicitly address this issue. 

Read more about Investment treaties & investor-state dispute settlements

CHAPTER 2: Protect, Respect, Remedy Framework

Pillar III: Access to Remedy (pages 13-14)

‘In relation to judicial mechanisms, the Constitution of Pakistan safeguards the independence of the judiciary and the right to a fair trial and due process. A significant challenge, in this regard, is the cost of litigation and the slow dispensation of justice due to the backlog of cases in Courts. Therefore, access to effective and timely justice is a serious concern for most litigants, especially those who fall in the lower income bracket. In this regard, the State of Pakistan has taken several steps, including enacting the Cost of Litigation Act of 2017, which amongst several important measures, also discourages untimely and unnecessary adjournments in proceedings.’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts

Proposed Actions

• Federal (page 19)

‘12. Further strengthen judicial processes and create awareness on issues related to Anti-Money Laundering/Counter Terror Financing (AML/CTF) to encourage financial transparency.

Performance indicator(s): Number of trainings on AML/CTF

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

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

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 12 designating the Ministry of Human Rights, the Ministry of Law and Justice and the Anti-Corruption and Economic Crime Wing (Federal Investigation Agency) as Leading Entities, and designating the National Accountability Bureau, the Securities and Exchange Commission of Pakistan, the State Bank of Pakistan, the Provincial Home Departments, the Provincial Law Departments, the Supreme Court of Pakistan, the High Courts, the District Courts, the Federal and Provincial Judicial Academies, the Federal and Public Service Commissions, the Anti-Narcotics Force, the Anti-Terror Courts, the Provincial Anti-Corruption Bodies as Additional Entities (page 46).

3.2.2. Anti-Discrimination, Equal Opportunities, and Inclusion

Proposed Actions

• Federal and Provincial (page 20)

‘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).

3.2.8. Access to Remedy (page 36)

‘The State of Pakistan commits to improving the effectiveness of its judicial and non-judicial grievance redressal mechanisms, and also expects businesses to ensure a reduction in barriers to accessing internal remedies within organisations.’

Proposed Actions

• 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).

‘66. Establish Child Protection Courts in all districts, and review the framework of existing Child Protection Courts to include the authority to direct the training and rehabilitation of victims of child labour.

Performance indicator(s): i) Number of newly established Child Protection 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 66 designating the Ministry of Human Rights, the Ministry of Law and Justice, Provincial Home Departments, Provincial Legal Departments and Legal experts as Leading Entities, and designating the High Courts, the Supreme Court of Pakistan, the Law and Justice Commission of Pakistan, the Provincial Human Rights Departments, the Federal Public Service Commission, the Provincial Service Commissions, the Federal Judicial Academy and the Provincial Judicial Academies as Additional Entities (page 70).

‘67. Establish and strengthen existing guidelines and compile best practices for the Judiciary to ensure effective remediation of human rights abuses occurring through business activity.

Performance indicator(s): (i) Development of guidelines and best practices; and (ii) Dissemination of Guidelines

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

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

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 67 designating the Ministry of Human Rights; Provincial Human Rights Departments; Ministry of Law and Justice, Provincial Law Departments as Leading Entities, and designating the Federal and Provincial Judicial Academies; Provincial Human Rights Departments; Federal Public Service Commission; Provincial Service Commissions; legal experts as Additional Entities (page 70).

‘68. Ensure the effective functioning of public grievance redressal mechanisms such as the Ombudsperson Offices and enhance their capacity to resolve complaints.

Performance indicator(s): (i) Development of Capacity-building Initiatives; and (ii) Number of Capacity-building Trainings

UN Guiding Principle(s): 1, 3, 27

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 68 designating the Federal and Provincial Ombudsperson against Harassment of Women at the Workplace; Ministry of Human Rights as Leading Entities, and designating the Provincial Human Rights Departments; National Commission of Human Rights; Services and General Administration Department; Legal experts as Additional Entities (page 71).

Read more about Judicial remedy

Pakistan’s NAP does not expressly address this issue.

Read more about Land

CHAPTER  3: National Action Plan Priority Areas and Proposed Actions

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.’

Read more about Migrant workers

CHAPTER 1: National Action Plan on Business and Human Rights

1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 9)

‘[…]The Action Plan calls for a rights-based approach to development planning, strengthening of the National Human Rights Institutes (NHRI), […]’

 

CHAPTER 2: Protect, Respect, Remedy Framework

Pillar I: State Duty to Protect Human Rights (page 15)

‘The NHRIs in Pakistan have an evolving role and special powers to protect human rights and improve Pakistan’s reporting standards internationally. In addition to the National Commission for Human Rights (NCHR), other NHRIs include the National Commission on Child Welfare and Development (NCCWD), the National Commission on the Rights of the Child (NCRC), and the National Commission on the Status of Women (NCSW). Additionally, the process is underway for the establishment of Pakistan’s National Commission on Minorities (NCM).’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.1 | General Proposed Actions

• Federal (page 16)

‘2. Review framework, engage with, and build the capacity of, National Human Rights Institutions to promote and sustain effective support to the implementation and oversight of the protection, respect, and remediation of human rights in the context of business activity.

Performance indicator(s): (i) Review report; (ii) Number of capacity-building activities conducted with NHRIs in Pakistan

UN Guiding Principle(s): 3, 8, 25, 27

Relevant SDG(s): Goal 16 – Peace, Justice & Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 2 designating the Ministry of Human Rights; National Commission for Human Rights; National Commission for Child Welfare and Development; National Commission on the Status of Women; National Commission on the Rights of the Child as Leading Entities, and designating the Provincial Human Rights Departments and the Provincial Labour Departments as Additional Entities (page 42).

 

3.2. NAP Priority Areas

3.2.2 | Anti-Discrimination, Equal Opportunity, and Inclusion

Proposed Actions

• Provincial (page 23)

‘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).

3.2.8 Access to Remedy

Proposed Actions

• Federal and Provincial (page 37)

‘68. Ensure the effective functioning of public grievance redressal mechanisms such as the Ombudsperson Offices and enhance their capacity to resolve complaints.

Performance indicator(s): (i) Development of Capacity-building Initiatives; and (ii) Number of Capacity-building Trainings

UN Guiding Principle(s): 1, 3, 27

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 68 designating the Federal and Provincial Ombudsperson against Harassment of Women at the Workplace; Ministry of Human Rights as Leading Entities, and designating the Provincial Human Rights Departments; National Commission of Human Rights; Services and General Administration Department; Legal experts as Additional Entities (page 71).

 

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.’

• Sindh (page 76)

‘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.’

• Khyber Pakthunkhwa (page 76)

‘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.’

• 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.’

viii. Access to remedy (page 86)

‘In addition to judicial mechanisms, quasi-judicial bodies exist to regulate competition in business, unfair labour practices and industrial disputes. These bodies include the Ombudsperson offices in all four provinces for sexual harassment at the workplace, taxation, insurance and to address any complaints faced by the public from Federal Government Departments which include State Owned Entities.’

Read more about National Human Rights Institutions/ Ombudspersons

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.1. General Proposed Actions

• Federal and Provincial (pages 16-17)

‘5. Issue and disseminate BHR guidelines for business enterprises in line with the NAP—its priority areas, proposed actions and State expectations of business enterprises—and with regards to non-financial reporting on corporate human rights policies, human rights due diligence, and remedial mechanisms.

Performance indicator(s): (i) Development of Guidelines; (ii) Number of businesses to which Guidelines are disseminated

UN Guiding Principle(s): 1, 2, 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 5 designating the Ministry of Human Rights; Ministry of Industries & Production; Ministry of Commerce as Leading Entities, and designating the Ministry of Law & Justice; Ministry of Interior; Provincial Human Rights Departments; Securities and Exchange Commission of Pakistan; Ministry of Overseas Pakistanis and Human Resource Development; National Commission for Child Welfare and Development; National Commission on the Rights of the Child as Additional Entities (page 45).

 

3.2. NAP Priority Areas

3.2.3. Human Rights Due Diligence

Proposed Actions

• Federal (page 26)

‘32. Conduct feasibility study of human rights certification and provision of market incentives for businesses which demonstrate respect for human rights across their operations, including conducting human rights due diligence and publicising their efforts.

Performance indicator(s): (i) Feasibility study report

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

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 32 designating the Ministry of Commerce and the Ministry of Industries and Production as Leading Entities (page 55).

• Federal and Provincial (page 27)

‘35. Develop and launch a Human Rights Due Diligence Partnership Project with the private sector, for the purpose of establishing a framework and standards for human rights due diligence reporting.

Performance indicator(s): (i) Launch of Partnership Project

UN Guiding Principle(s): 2, 3, 11, 12, 15, 17, 23

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 35 designating the Federal & Provincial Governments, the Ministry of Human Rights, the Provincial Human Rights Departments as Leading Entities, and designating the Ministry of Climate Change; Ministry of Commerce and Textile; Provincial Commerce Departments; Ministry of Communications; Provincial Communications Departments; Ministry of Energy; Provincial Energy Departments; Ministry of Finance, Revenue and Economic Affairs; Ministry of Industries & Production; Ministry of Law & Justice; Provincial Law Departments; Ministry of Inter-Provincial Coordination, Pakistan Environmental Protection Agency; Ministry of Health; Provincial Health Departments; Federal and Provincial Ombudspersons as Additional Entities (page 57).

‘36. Establish voluntary and common standards for conducting and reporting human rights due diligence in business activity, applicable to both the direct operations and across the value chains of public and private enterprises.

Performance indicator(s): (i) Development and dissemination of voluntary standards in line with international best practices

UN Guiding Principle(s): 1, 2, 3, 11, 12, 15, 17, 23

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; 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 36 designating the Provincial Governments and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Law and Justice; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Provincial Law Departments; Provincial Commerce Departments; Provincial Industries and Commerce as Additional Entities (page 58).

3.2.8 Access to Remedy

Proposed Actions

• Federal (page 36)

‘63. Conduct a national mapping exercise to identify existing reporting procedures for human rights violations occurring from business activity, and make recommendations for improved effectiveness.

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

UN Guiding Principle(s): 1, 25

Relevant SDG(s): 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 63 designating the Ministry of Human Rights, the Provincial Human Rights Departments and the National Commission on Human Rights as Leading Entities, and designating the NHRIs and CSOs at Federal and Provincial Levels as Additional Entities (page 69).

 

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:

1. Evaluate their compliance with all applicable domestic laws relevant to the respect for human rights in business activity, and provision of corrective or remedial action in response to potential, ongoing, or past human rights violations resulting directly from their activity or through their business relationships across their value chains.

2. Ensure the elimination of child labour, forced or bonded labour, and all forms of modern slavery from their business operations and supply chains. This may be expedited through the utilisation of effective and thorough human rights due diligence.

[…]

6. Establish adequate human rights due diligence mechanisms to identify, prevent, and remedy human rights impacts. Human rights due diligence should consider both internal risks that stem directly from business operations as well as external risks, which relate to all other entities that the business work with across their operations or are linked with through their value chains. Human rights due diligence should be carried out before commercial operations and business activities, proportionate to the size and scope of the enterprise and the scale and complexity of its potential human rights impacts, and on a continuous basis to ensure that integrated findings from impact assessments shape future business decisions. Businesses should also ensure that the risks identified through due diligence and corrective actions taken are adequately reported and communicated to stakeholders, preferably in the form of an annual human rights due diligence report.

[…]

8. Develop key performance indicators corresponding to the achievement of human rights goals and routinely review and update them to reflect national legislative and policy changes.’

 

ANNEX II | Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (pages 72-73)

‘The Securities and Exchange Commission of Pakistan (SECP) has provided guidelines on CSR, whereby public companies must report on how their activities protect and promote human rights.

[…]

Protection from environmental degradation is also a priority for Pakistan. Under the State Bank Guidelines for Infrastructure Project Financing, companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.’

B | Measures Relevant to NAP Priority Areas

iii. Human Rights Due Diligence (page 80)

‘The State Bank has developed guidelines which provide that as a pre-requisite companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.

In the sustainability reports of businesses within Pakistan, corporate social responsibility (CSR) is a major component. This mostly covers health, safety, and environmental policies.’

Read more about Non-financial reporting

CHAPTER 2: Protect, Respect, Remedy Framework

Pillar III: Access to Remedy (page 14)

‘[…] quasi-judicial bodies exist to regulate competition in business, unfair labour practices and industrial disputes. These bodies include the Ombudsperson Offices in all four Provinces relating to sexual harassment at the workplace, taxation, insurance and any complaints faced by the public from Federal Government Departments including State Owned Entities. Additionally, the National Industrial Relations Commission (NIRC) has been established with the jurisdiction to resolve industrial disputes and unfair labour practices. Moreover, the NCHR has been established as an independent State body with an extensive mandate to protect and promote human rights. The NCHR has also been granted a quasi-judicial competence to investigate violations of human rights abuses either through individual complaints or through a suo motu capacity.’

This information is also covered under Annex II: Actions Already Undertaken by Pakistan, B) Actions Relevant to NAP Priority Areas, viii. Access to Remedy (page 86).

 

Chapter 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.8. Access to Remedy (page 36)

The State of Pakistan commits to improving the effectiveness of its judicial and non-judicial grievance redressal mechanisms, and also expects businesses to ensure a reduction in barriers to accessing internal remedies within organisations. With respect to non-judicial grievance mechanisms (State-based and non-State-based), the principles of transparency, impartiality and predictability must be adhered to.

Proposed Actions

• Federal and Provincial (page 37)

‘68. Ensure the effective functioning of public grievance redressal mechanisms such as the Ombudsperson Offices and enhance their capacity to resolve complaints.

Performance indicator(s): (i) Development of Capacity-building Initiatives; and (ii) Number of Capacity-building Trainings

UN Guiding Principle(s): 1, 3, 27

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 68 designating the Federal and Provincial Ombudsperson against Harassment of Women at the Workplace; Ministry of Human Rights as Leading Entities, and designating the Provincial Human Rights Departments; National Commission of Human Rights; Services and General Administration Department; Legal experts as Additional Entities (page 71).

• 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 39-40)

‘[…] 10. Develop, embed, and implement a corporate remedy strategy, which outlines the standard established by the business to provide for redressal of human rights complaints. Business enterprises are encouraged to provide publicly available information in relation to the redressal mechanisms (to relevant stakeholders) and how the same are used (through specific trainings to employees) to ensure that complainants understand avenues of redressal if their rights have been violated.

11. Make available remediation for human rights abuses in the supply and value chains of a business even when a business is not directly involved in a human rights violation but has the potential to adversely affect human rights.

12. Provide remedies to individuals who reside in the communities in which they operate. For this purpose, businesses should ensure that they have an open-door policy and are encouraged to enforce the right of access to information by providing publicly available information on how their human rights standards are maintained.’

Read more about Non-judicial grievance mechanisms

Pakistan is not a member country of the OECD. The Pakistan NAP makes no reference to OECD National Contact Points (NCPs).

Read more about OECD National Contact Points

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

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 […] Persons with Disabilities […] remains an ongoing challenge.’

Proposed Actions

• Federal and provincial (page 21)

‘19. Strengthen existing, and develop where required, civil remedies for discriminatory action based on […] disability […] 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).

• Provincial (page 23)

‘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).

 

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 […] and habilitation of disabled workers etc. […]’

 

ANNEX II | Actions Already Undertaken by Pakistan

B | Measures Relevant to NAP Priority Areas

i. Anti-Discrimination, Equal Opportunity, and Inclusion

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

• ICT (page 78)

‘The ICT Rights of Persons with Disability Act was enacted in 2020.’

• 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 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[1]discriminatory laws in all spheres, including non-discrimination in employment.’

• Sindh (page 78)

‘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.’

• Khyber Pakhtunkhwa (page 79)

‘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 Labour Policy 2018 affirmed that Persons with Disabilities will be mainstreamed in all economic sectors, barriers for their participation in economic activities will be removed, their accessibility will be increased at all educational, vocational and workplace institutions and their achievements will be highlighted at all levels. The quota of Persons with Disabilities and facilitation in employment as protected under Disabled Persons (Employment & Rehabilitation) Ordinance, 1981 will strictly be observed in all the industrial and commercial establishments of the Province.’

• 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.’

Read more about Persons with disabilities

CHAPTER 1: National Action Plan on Business and Human Rights

1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 9)

‘[…] a National Action Plan on Business and Human Rights, serves as a normative and operational framework to complement economic development that does not come at the expense of the protection and respect for human rights.

The NAP also complements Pakistan’s National Action Plan on Human Rights 2016, focused on the implementation of key human rights priorities and international instruments, as well as crosscutting interventions for the protection of human rights. The Action Plan calls for a rights-based approach to development planning, strengthening of the National Human Rights Institutes (NHRI), the implementation of international commitments through capacity-building programs, and the effective functioning of Treaty Implementation Cells (TICs). The NAP will align with Pakistan’s commitments, and domestic frameworks relevant to the international human rights treaties and labour conventions introduced in the previous section, as well as reporting mechanisms relevant to treaty bodies, Universal Periodic Review, and the Committee of Experts on the Application of Conventions and Recommendations. The increased awareness amongst rights-holders of the protections owed to them and the State expectations of businesses will help bolster a national effort towards the protection of human rights in the business context in Pakistan. This will strengthen Pakistan’s position as a responsible trading partner in the region and will also support its fulfillment of reporting requirements for international human rights mechanisms and other relevant frameworks. Additionally, the NAP will also support and complement Pakistan’s commitment to the SDGs, which seek to “advance the realization of human rights for all”. Most of the SDGs directly or indirectly reflect international human rights and labour standards.

The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration).’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions (page 15)

‘To ensure policy coherence and fulfillment of the State of Pakistan’s commitment to the implementation of the UNGPs, as well as its binding international obligations, implementation of the proposed actions will require committed and ongoing inter-ministerial and inter-provincial coordination and cooperation. Furthermore, in addition to the responsibility of implementing entities, the inclusion and active participation of civil society, employers and workers organisations, the business community, NHRIs, and other stakeholders will be critical in the implementation of the NAP and the advancement of the Protect, Respect, and Remedy framework across business activity.’

3.2. NAP Priority Areas

3.2.3. Human Rights Due Diligence (page 25)

‘Consistent Federal and Provincial coordination will be required to effectively conduct oversight and monitoring of compliance with human rights due diligence expectations. Progress in this regard will require strong communication and cooperation between relevant Ministries, Provincial Departments, and regulatory bodies for the establishment and oversight of human rights due diligence standards and guidelines, followed by the gradual development of a legislative framework.’

Read more about Policy coherence

Pakistan’s NAP does not explicitly address this issue.

Read more about Privatisation

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 18)

‘Public procurement in Pakistan is governed by various legislative instruments and the entire process is managed by the Public Procurement Regulatory Authority. Implementation of human rights standards in the context of business operations can be encouraged in public procurement processes by requiring evidence of demonstrable respect for human rights as part of the bid. In addition to this, financial transparency of companies should also be considered a condition for the approval of a bid.’

Proposed Actions

• Federal (pages 18-19)

‘10. Review and update the Public Procurement Regulatory Authority Rules to incorporate human rights due diligence as a key criterion in the bidding and evaluation process, and give preference to businesses that demonstrate actions taken to meet their human rights obligations.

Performance indicator(s): (i) Updated rules incorporating human rights due diligence

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Annex 1: Implementation Plan, Proposed Action 10 designating the Ministry of Law and Justice, the Ministry of Human Rights, the Public Procurement Regulatory Authority as Leading Entities, and designating the Provincial Law Departments; Provincial Human Rights Departments; Ministry of Commerce; Provincial Commerce Departments; Ministry of Industries and Production; Provincial Industries & Production Departments; Federal Cabinet; Provincial Governments; NGOs & INGOs with relevant expertise on public procurement; legal experts as Additional Entities (page 46).

‘11. Develop a model Code of Conduct, making explicit the relationship between business and human rights, for businesses that are State owned, controlled or which work with the State.

Performance indicator(s): (i) Development of a Code of Conduct; (ii) Number of businesses to which the Code of Conduct is disseminated; (iii) Number of businesses that formally announce the adoption of Code of Conduct

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Annex 1: Implementation Plan, Proposed Action 11 designating the Ministry of Human Rights; Ministry of Industries and Production; Ministry of Commerce as Leading Entities, and designating the Ministry of Law & Justice; Ministry of Planning and Development; Provincial Human Rights Departments; Securities and Exchange Commission of Pakistan; Provincial Labour Departments as Additional Entities (page 47).

 

ANNEX II: Measures Already Undertaken by Pakistan

B | Measures Relevant to NAP Priority Areas

i. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts (page 73)

‘The Public Procurement Regulatory Authority has also been established at a Federal and Provincial level to assess procedures and take measures to improve governance, management, transparency, and accountability of all work related to public procurement. Should any changes require specific laws or rules, the Authority can recommend new laws and policies to the State to be enacted.’

Read more about Public procurement

Pakistan’s NAP does not explicitly address this issue.

Read more about Security sector

Pakistan’s NAP does not explicitly address this issue.

Read more about Small & medium-sized enterprises

CHAPTER 2: Protect, Respect, Remedy Framework

Pillar III: Access to Remedy (page 13)

In addition to judicial mechanisms, quasi-judicial bodies exist to regulate competition in business, unfair labour practices and industrial disputes. These bodies include the Ombudsperson Offices in all four Provinces relating to sexual harassment at the workplace, taxation, insurance and any complaints faced by the public from Federal Government Departments including State Owned Entities. Additionally, the National Industrial Relations Commission (NIRC) has been established with the jurisdiction to resolve industrial disputes and unfair labour practices.’

This information is also covered under Annex II: Actions Already Undertaken by Pakistan, B) Measures Relevant to NAP Priority Areas, viii. Access to Remedy (page 86).

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.1. Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts

Proposed Actions

• Federal (pages 18-19)

‘11. Develop a model Code of Conduct, making explicit the relationship between business and human rights, for businesses that are State owned, controlled or which work with the State.

Performance indicator(s): (i) Development of a Code of Conduct; (ii) Number of businesses to which the Code of Conduct is disseminated; (iii) Number of businesses that formally announce the adoption of Code of Conduct

UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Annex 1: Implementation Plan, Proposed Action 11 designating the Ministry of Human Rights; Ministry of Industries and Production; Ministry of Commerce as Leading Entities, and designating the Ministry of Law & Justice; Ministry of Planning and Development; Provincial Human Rights Departments; Securities and Exchange Commission of  Pakistan; Provincial Labour Departments as Additional Entities (page 47).

 

ANNEX II: Actions Already Undertaken by Pakistan

B | Measures Relevant to NAP Priority Areas

iii. Human Rights Due Diligence (page 80)

‘Many companies especially State Owned, and Controlled Entities have taken initiatives of their own as part of their Corporate Social Responsibility programs including education, health, women empowerment, community building, and the environment.’

Read more about State Owned Enterprises/ Public Private Partnerships

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.2 | Anti-Discrimination, Equal Opportunity, and Inclusion

Proposed Actions

• Federal and provincial (page 22)

‘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

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 Annex 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).

3.2.3. Human Rights Due Diligence (page 25)

‘Human rights due diligence is an increasingly prominent area of discussion around the globe, not as a tick-box compliance exercise, but as a vital means to obtaining better human rights outcomes. It is anticipated that export markets will be negatively affected in countries which fall behind in addressing human rights violations across their supply chains. A pragmatic mix of human rights due diligence mechanisms, including the adoption of voluntary and common standards by businesses, as well as the development of a legislative and regulatory framework, will support the strengthening of a sustainable and resilient Pakistani economy.’

Proposed Actions

• Federal (page 26)

34. Conduct a study on the potential impact of the future enactment of mandatory human rights due diligence legislation by major trading partners, such as the European Union, on Pakistan’s competitiveness in export markets, inflows of foreign direct investment, Pakistan’s role in global supply chains, and schemes such as GSP+.

Performance indicator(s): (i) Assessment report

UN Guiding Principle(s): 1, 2, 3, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 12 – Responsible Consumption and Production; Goal 17 – Partnerships for the Goals’

This information is also covered under Annex 1: Implementation Plan, Proposed Action 34 designating the Ministry of Commerce as Leading Entity (page 56).

 

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

‘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:

1.Evaluate their compliance with all applicable domestic laws relevant to the respect for human rights in business activity, and provision of corrective or remedial action in response to potential, ongoing, or past human rights violations resulting directly from their activity or through their business relationships across their value chains.

2. Ensure the elimination of child labour, forced or bonded labour, and all forms of modern slavery from their business operations and supply chains. This may be expedited through the utilisation of effective and thorough human rights due diligence.

[…]

6. Establish adequate human rights due diligence mechanisms to identify, prevent, and remedy human rights impacts. Human rights due diligence should consider both internal risks that stem directly from business operations as well as external risks, which relate to all other entities that the business work with across their operations or are linked with through their value chains. […]

[…]

11. Make available remediation for human rights abuses in the supply and value chains of a business even when a business is not directly involved in a human rights violation but has the potential to adversely affect human rights.

[…]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] the OECD-FAO Guidance for Responsible Agricultural Supply Chains, OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains, IFC Performance Standards, and other guidelines and standards applicable to their respective sectors.’

Read more about Supply chains

Pakistan’s NAP does not explicitly address this issue.

Read more about Taxation

Pakistan’s NAP links every proposed action to the relevant SDG(s). However, it does not explicitly address this issue.

Read more about The 2030 Agenda for Sustainable Development

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2 NAP Priority Areas

3.2.3 | Human Rights Due Diligence (page 25)

‘Pakistan benefits from trade schemes such as GSP+, and the continuous and improved protection of human rights in business activity will only serve to further strengthen Pakistan’s international trading relationships.’

Proposed Actions

• Federal (page 26)

‘34. Conduct a study on the potential impact of the future enactment of mandatory human rights due diligence legislation by major trading partners, such as the European Union, on Pakistan’s competitiveness in export markets, inflows of foreign direct investment, Pakistan’s role in global supply chains, and schemes such as GSP+.

Performance indicator(s): (i) Assessment report

UN Guiding Principle(s): 1, 2, 3, 8, 9

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 12 – Responsible Consumption and Production; Goal 17 – Partnerships for the Goals’

This information is also covered under Annex 1: Implementation Plan, Proposed Action 34 designating the Ministry of Commerce as Leading Entity (page 56).

Read more about Trade

Introduction

Statement of Commitment to Implement the United Nations Guiding Principles on Business and Human Rights by the State of Pakistan (page 3)

‘Pakistan has also ratified International Labour Organization’s (ILO) eight core labour standards, in addition to several further ILO conventions.’

 

CHAPTER 1: National Action Plan on Business and Human Rights

1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 10)

‘The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration). Recently, Pakistan became the first country in the Asia-Pacific region to appoint a National Focal Point for the application of the MNE Declaration, that is, the Employers’ Federation of Pakistan.’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

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

‘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, […]’

Proposed Actions

• 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).

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

‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. Additionally, Punjab and the Islamabad Capital Territory have legislation regarding the rights of Domestic Workers. 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, compensate workers incapacitated by occupational diseases, accidents or injuries and habilitation of disabled workers etc.’

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 29-31)

‘40. Incorporate the terms of all ratified ILO conventions into the legal framework governing the rights of all workers in Pakistan, including those in the informal economy.

Performance indicator(s): (i) Amendments made to legislation of High-Level Meetings and consultations with Stakeholders on the scope of the ILO Conventions; (ii) Enactment of relevant legislation; (iii) Development of relevant policies

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 40 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Provincial Treaty Implementation Cells; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Labour/Trade Unions; Business Community; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Planning, Development and Reform as Additional Entities (page 60).

‘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 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 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).

‘43. Register all labour, including in the informal economy, and establish, or strengthen existing, Labour Management Information Systems. Performance indicator(s): (i) Number of newly registered individuals; (ii) Establishment or steps taken to strengthen of Labour Management Information Systems

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 43 designating the Provincial Government; Industries & Commerce Department; Provincial Labour Inspectorates as Leading Entities, and designating the Provincial Finance Departments; Provincial Information and Public Relations Departments; Provincial Labour Departments; Provincial Law Departments; Provincial Planning Departments; Provincial Population Welfare Departments; Provincial Revenue Departments; Provincial Social Welfare Departments; Business Community; CSOs & NGOs; Labour/Trade Unions as Additional Entities (page 61).

‘45. Formalise and strengthen wage payment mechanisms across all sectors, including the informal economy.

Performance indicator(s): (i) Formalisation of wage payment mechanism; (ii) Number of persons newly covered under formalized wage payment mechanism

UN Guiding Principle(s): 1, 3, 8, 11, 13, 15, 17, 22, 23

Relevant SDG(s): Goal 1 – No Poverty; 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 45 designating the Provincial Governments, the Provincial Finance Departments, the Provincial Labour Departments as Leading Entities, and designating the Provincial Chief Minister’s Inspection Teams, the Provincial Home Departments, the Provincial Information Departments, the Provincial Local Government and Rural Development Departments, the Provincial Mines and Minerals Departments, the Provincial Planning and Development Departments, the Provincial Population Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Ombudspersons, Labour/Trade Unions and the Business Community as Additional Entities (page 62).

‘46. Provide life insurance and ensure compulsory EOBI Registration.

Performance indicator(s): (i) Number of newly registered establishments/industries; (ii) Number of newly registered insured persons

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

Relevant SDG(s): Goal 1 – No Poverty; 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 46 designating the EOBI and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Provincial Industries and Commerce Departments, the Provincial Social Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Mines & Minerals Departments, the Provincial Health Departments, the Provincial Law Departments, the Provincial Information Departments, the Business Community, Labour/Trade Unions and the Chief Minister’s Inspection Teams as Additional Entities (page 63).

• Provincial (page 31)

‘47. Ensure provision of appointment letter or employment contracts as a requirement in the informal economy.

Performance indicator(s): (i) Number of employees issued appointment letters/contracts; (ii) Results of labour inspections/ spot-checks

UN Guiding Principle(s): 1, 2, 3, 11

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 47 designating the Provincial Governments, the Provincial Labour Departments and the Provincial Labour Inspectorates as Leading Entities, and designating the Chief Minister’s Inspection Teams, the Provincial Human Rights Departments, the Provincial Labour Departments, the Provincial Law Departments, the Business Community, the Provincial Mines & Minerals Departments, the Provincial Industries, Commerce and Investment Departments, the Provincial Local Government Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments as Additional Entities (page 63).

‘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).

3.2.5. Child Labour (page 32)

‘The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments.’

3.2.6. Forced or Bonded Labour (page 33)

‘Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’

Proposed Actions

• Federal (page 33)

‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).

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

UN Guiding Principle(s): 1, 3

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 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).

 

3.2.7. Occupational Health and Safety

Proposed Actions

• Federal (page 35)

‘61. Ratify ILO Convention No. 155 (Occupational Safety and Health) and ILO Convention No. 187 (Promotional Framework for Occupational Safety and Health).

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

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 3 – Good Health and Well-being; 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 61 designating the Federal Cabinet of Pakistan, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Foreign Affairs and the Ministry of Parliamentary Affairs as Additional Entities (page 68).  

 

CHAPTER 4: State Expectations of Business Enterprises (page 38-40)

‘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.

[…]

9. Ensure that all employees are given formal contracts of employment, which lay down their rights and obligations.

[…]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] ILO’s Fundamental Principles and Rights at Work […]’

 

ANNEX II: Actions Already Undertaken by Pakistan

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

‘There are several laws that relate to the protection of labour rights in line with international obligations and the ILO Conventions. Notably, the Industrial Relations Act 2012 calls for the creation of a National Industrial Relations Commission, which is mandated to deal with cases of unfair labour practices.’

 

B | Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

• Punjab (page 78)

‘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.’

• Sindh (pages 78-79)

‘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.’

iv. Labour Standards and the Informal Economy

• Punjab (page 81)

‘The Minimum Wages for Unskilled Workers Ordinance 1969 is still operational in Punjab and it aims to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments.

The Punjab Provincial Employees Social Security (Amendment) Act 2013 increases the wage limit of workers and entitles the nearest kin of a secured employee to a death grant.

The Factories Act 1934 applies in Punjab and it limits the duration of working hours of labourers to 9 hours a day. It also gives workers the right to take a holiday for 14 consecutive days in a year. Section 49 of the Act also permits festival holidays for up to 13 days.

The Punjab Shops and Establishments Ordinance allows workers to work for no more than 9 hours a day and 48 hours a week.

[…]

The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.

The Provincial Employees Social Security Ordinance 1965 requires an employer to provide health care, including maternity care, to full-time domestic workers under Section 55A.’

• Khyber Pakhtunkhwa (page 83)

‘Working hours for employees in Khyber Pakhtunkhwa are limited to 8 hours a day and 48 hours a week under the Khyber Pakhtunkhwa Shops and Establishments Act 2015.

The Minimum Wages Ordinance 1961 is applicable to all industrial establishments’ employees whether skilled, unskilled or apprentices and even domestic workers.’

• Balochistan (page 84)

‘The Provincial Employees Social Security Ordinance 1965 requires employers to provide health care, including maternity care to full-time domestic workers under Section 55A.

The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.’

Read more about Workers’ rights