As if weak macroeconomic fundamentals, high inflationary pressures further fuelled by flawed policies of the last and the present governments and a serious law and order situation in the areas near Pak-Afghan border were not enough we have also witnessed this week past two major labour related issues.
The more heart rending one about the haris, including entire families, who being kept like animals by influential people; other issue relates to PTCL which is run by a foreign well-established concern, the Etisalat.
Rehman Marri has been accused by almost 100 freed haris of keeping them captive and in chains in his private jails. The fact that they were freed by the police in two raids lends credence to their story.
The man responsible for the raid was one called Parbho who submitted an application to a senior Hyderabad police official to secure the release of 58 members of his community, including his close family members. Parbho's sister Rano, one of the haris had a horrendous tale to tell: "the zamindar and his armed henchmen never gave us proper food or clothing.
They subjected us to forced labour at the lands which we have been tilling for the past 25 years." The 25 years include the 8 years of 'enlightened moderation' of Musharraf, Mian Nawaz Sharif's first and second stint in office as well as Benazir Bhutto's first and second stint in office. While one can't blame the leadership for this directly yet they can be held responsible for allowing an environment that allows the exploitation of haris.
Rehman Marri was defended by his nephew who claimed that the haris were lying and had chained themselves just prior to the raid. He also claimed that two days previously he had paid them thousands of rupees and one hundred maunds of wheat. He wanted the legs of the freed haris examined to prove whether they had been chained for two days or for 25 years.
While justice will take its own course one can only hope that this medieval practice, which does not form part of our labour laws, be expunged from our system without any further loss of time.
The second case is that of PTCL and the anger of labour that made national headlines. The most serious issue that led to the strike was the Management's proposal of Unified Pay Scale (UPS), which was defined as offering contractuals a pay scale instead of regularisation which would make them ineligible for pension upon retirement.
It is gratifying that through the mediation of Asif Ali Zardari PTCL management has issued a notification withdrawing the letter of UPS, releasing salary of staff who were no longer with the organisation, as well as raising salaries of labour. While most of the workers have called off the strike some continue to protest the inhuman treatment meted out to striking workers by rangers.
Critics of PTCL have taken this opportunity to claim that the performance of Etisalat Management has been poor, with more than one lakh telephone complaints registered in Karachi alone.
They also maintain that, as is normal, those who took advantage of the Voluntary Separation Scheme were the competent and technically able and their departure (estimated at 30,000) has reduced the skill mix of PTCL leading to an increase in complaints. It is time that the government looks into this matter as well for after all Pakistan Telecommunication Authority, the regulator, owns nearly 60 percent of PTCL.
Third world countries have labour laws that look good on paper - paper drafted by International Labour Organisation's member countries with the overriding objective of meeting the membership criteria through ratification of ILO conventions - but, sadly, they are either not implemented or have certain riders that render them toothless, toothless from the perspective of labour.
PAKISTAN IS NO DIFFERENT IN THIS REGARD: it joined the ILO in 1947 and by 2004 it had ratified 34 ILO conventions. But few would aver that most of these ratified conventions are actually being implemented. Our Constitution guarantees fundamental rights to labour in five Articles. Article 11 prohibits all forms of slavery, forced labour and child labour.
THIS MOST HORRENDOUS OF ALL ANTI-LABOUR LAW, THAT SHOULD HAVE BEEN DONE AWAY WITH IN THE MIDDLE AGES, REMAINS IN FORCE IN PAKISTAN: bonded labour specifically in the brick kiln industry continues to flourish where even children, women, and the old are not spared from bondage and chained like dogs to do the bidding of the owner.
In addition, most of us witness child labour almost daily on the streets and homes of the wealthy. Article 17 of the Constitution provides for fundamental right to exercise freedom of association and the right to form unions.
PRESIDENT MUSHARRAF, THE MASTER OF AMENDING THE CONSTITUTION WHENEVER HIS FANCY SO DICTATED, WROTE A RIDER TO THIS THROUGH AN ORDINANCE: workers were eligible to form unions only within the establishment where they were employed.
Bargaining was thus extremely limited and one unit had no idea about the benefits of another. Musharraf also exempted some industries from unionisation notably defence services, any installation or services connected with the armed services, any institution caring for the sick or destitute, security or fire personnel, staff of an oil refinery or gas or petroleum facilities or sea and airports.
The government also retained the power to suspend the application of Musharraf's ordinance to any industry or establishment for a maximum period of six months. The final authority to do as he wished in the face of a recalcitrant labour union leadership, rested with Musharraf, the dictator.
It is heartening, therefore, that Musharraf's Industrial Relations Ordinance 2002 was annulled by the newly elected government on July 2 this year. However, at present, there has been no Industrial Relations Act, 2008 which would imply that the relevant Constitutional Articles are in force again. And, if in force, their implementation is unlikely to improve.
Article 18 proscribes the right to enter upon any lawful professions or occupation and to conduct lawful trade or business. One would have hoped that this would also be extended to the non-labour class and at the risk of sounding facetious, the politicians, industrialists and indeed rich landlords must also be included in the Article.
Article 25 prohibits discrimination on the grounds of sex alone. To even allege that women have equal opportunities as men is a statement that no one, not even Prime Minister Gilani, flanked by a woman minister and advisor, would be hard-pressed to insist on.
Article 37 (e) makes provision for just and humane conditions of work, ensuring that women and children are not employed in vocations unsuited to their age or sex and for maternity benefits for women. Again, implementation remains suspect. It is, therefore, obvious that ratification of good laws is not sufficient to ensure their implementation.
What is the way to go to ensure that labour does have rights? With growing inflationary pressures governments, rich and poor alike, are struggling with greater demands of assistance through interventions by labour. In the UK, the UK council of workers has gone on strike protesting the pay offer which is less than the rate of inflation. In Pakistan the situation is compounded by inhuman treatment.
One can only hope the present government will be able to resolve issues that affect our labour in agriculture and industrial sectors. For that would lead to a better work ethic and greater productivity levels - a sure way to attract foreign investors instead of focusing on lower wages relative to other countries in the region.
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