Protecting labour rights

The Industrial Relations Ordinance, 2011, is to expire on March 17, whilst post-18th Constitutional Amendment labour is no longer a federal subject. The federal government is responsible for defending workers' constitutional rights and is also duty-bound to fulfil its obligations under International Labour Organisation's conventions, to which it is signatory. Yet it is unclear what its mandate might be in the new situation. A recent briefing session on "Need for Federal Mandate on Industrial Relations Law", hosted by Pakistan Institute of Legislative Development and Transparency (Pildat), highlighted the challenges in the wake of the devolution of power under the amendment. Parliamentary representatives from different parties who spoke at the briefing were unanimous on that there should be a federal mechanism to regulate industrial relations and protect labour rights. PPP information Secretary Qamar Zaman Kaira held out the assurance to anyone interested that the issue will be resolved before the ordinance lapses, and that a special session of the National Assembly could be called for the enactment of a new law. The key challenge is to formulate a fresh legal framework without messing with provincial autonomy. A prominent legal and constitutional expert, Babar Sattar, had some important suggestions to make. He argued that in the event the federal government believes it no longer has the mandate to legislate on the matter, or it thinks doing so would likely undermine the devolution of legislative authority, it could still ask provincial governments that their respective assemblies delegate to the federal government the authority to legislate with regard to minimum standards for labour welfare and trans-province trade unions. He made the persuasive point that "the object of the federal law should be delineated in such manner that it is not seen as a challenge to provincial authority, but a set of recommendations that introduce and define minimum labour standards, and specifically establish the requisite institutional paraphernalia (ie, National Industrial Relations Commission, Labour Courts, Registrar, etc) for administration and enforcement of such law." Pildat deserves credit for drawing timely attention to this vital issue. Hopefully, it will be settled in accord with constitutional guarantees as well as international conventions. There is need also for all concerned to put their heads together and think about helping agricultural labour in the rural areas. That is where majority of our teeming poor live and toil. They ought to be protected from exploitative practices. Laws must be put in place that safeguard rural workers' rights, and enunciate a strategy for their uplift. Copyright Business Recorder, 2012