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Lahore Consultation – Final Report AGENDA TIME TASK 10:30 AM – 11:00 AM Arrival and Registration 11:00 AM – 11:10 AM Welcome Remarks by Ministry of Human Rights 11:10 AM – 11:20 AM Consultation Overview 11:20 AM – 12:30 AM Panel Discussion – Business and Human Rights in Pakistan 12:30 PM – 1:30 PM LUNCH 1:30 PM – 3:00 PM Working Groups 3:00 PM – 3:30 PM TEA BREAK 3:30 PM – 4:15 PM Feedback on Recommendations from Working Groups 4:15 PM Closing Remarks

Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

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Page 1: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Lahore Consultation – Final Report

AGENDA

TIME

TASK

10:30 AM – 11:00 AM

Arrival and Registration

11:00 AM – 11:10 AM

Welcome Remarks by Ministry of Human Rights

11:10 AM – 11:20 AM

Consultation Overview

11:20 AM – 12:30 AM

Panel Discussion – Business and Human Rights in Pakistan

12:30 PM – 1:30 PM

LUNCH

1:30 PM – 3:00 PM

Working Groups

3:00 PM – 3:30 PM

TEA BREAK

3:30 PM – 4:15 PM

Feedback on Recommendations from Working Groups

4:15 PM

Closing Remarks

Page 2: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Overview: Owing to the global response to human rights violations in the business sector, the Ministry of Human Rights has embarked on developing a national program for business and human rights in Pakistan. To this end, a multi-stakeholder consultation session was held in Lahore on the 17th of October 2019. The participating stakeholders expressed their expectations to the Government and provided recommendations for the development of this national program. The purpose of the Consultation Session was to engage with relevant stakeholders to provide a platform for discussion of grass-root level issues faced by business owners, the working class, and civil society members in complying with human rights and labour laws and standards of a domestic or international nature. The Session observed participation from approximately 80-100 individuals belonging to the business community, the working class, labour unions, civil society members and lawyers which allowed representation of diverse and diverging opinions to provide a holistic picture of human rights standards in the business sector, including the challenges attached to compliance with such standards. The Agenda of the Consultation Session had been developed to include academic discussion around the subject of human rights in the business context through a panel discussion on Business and Human Rights in Pakistan, followed by specific working group sessions to allow for the collection of recommendations from relevant groups. The closing plenary ensured presentation of a collection of a comprehensive list of recommendations from all working groups which will guide the development of the national program. Opening Remarks: Presented by: Mr. Malik Kamran Azam Khan Rajar, (Joint Secretary, Ministry of Human Rights, Pakistan)

Mr. Malik Kamran Azam Khan Rajar, Joint Secretary, Ministry of Human Rights, Pakistan opened the session by welcoming all relevant stakeholders to the first Consultation Session on Business and Human Rights in Pakistan. He outlined the relevance of human rights standards to the business context and highlighted the Government’s commitment to protecting human rights through-out all spheres. Mr. Malik Kamran Azam Khan Rajar stressed on the commitment of the Ministry of Human Rights to business and human rights and thanked the United Nations Development Program for its cooperation in the process. Furthermore, he commended the Research Society of International Law which has been engaged by the Ministry of Human Rights to begin the process of development of a national program on business and human rights in Pakistan. Consultation Overview: Presented by: Mr. Oves Anwar, (Director Research of the Research Society of International Law, Pakistan)

During the consultation overview Mr. Oves Anwar, Director Research of the Research Society of International Law presented on the status of Business and Human Rights in Pakistan. Through his presentation, he explained the need to develop a national program on business and human rights and outlined the international framework as under the United Nations Guiding Principles

Page 3: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

(UNGP) on Business and Human Rights developed by UN Special Representative, Professor John Ruggie. The presentation explained the three pillars on which the framework of the UNGPs is based as follows:

Furthermore, it was explained that a national program on business and human rights would not only benefit the State in complying with it’s international human rights obligations but would also benefit businesses in prioritizing human rights, and establishing ethical business practices, which are now seen as prerequisites to international exports. It was also emphasized that the development of a program on business and human rights would open up trade and investment in Pakistan as it would signal to international businesses that Pakistan is a responsible business partner, thus ensuring a continued status within the GSP+ scheme as well. Through the presentation it was highlighted that as a response to grave violations of human rights by corporate entities, States have begun the process of inculcating human rights within the context of business activity through the development of National Action Plans on Business and Human Rights, and Pakistan must follow suit.

Pillar IIIThe need to provide sufficient and adequate redressal mechanisms and remedies for violations

of human rights in the context of business activity.

Pillar II

The corporate responsibility to protect human rights in the context of business activity.

Pillar I

Pakistan's duty to protect human rights in the context of business activity.

Figure 1 highlights the States who have developed or are in the process of developing NAPs on business & human rights.

Page 4: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

The presentation further outlined Pakistan’s journey towards a National Program on Business and Human rights and identified the steps required to do so. Mr. Oves highlighted that the first step in developing a National Action Plan (NAP) for Pakistan would be to undertake a National Baseline Assessment of Pakistan’s existing framework on human rights in the context of business which is under way. In addition to this, multi-stakeholder consultation sessions all over Pakistan will be held to identify recommendations and challenges for the development of a NAP on business and human rights from relevant groups. In addition to this, the website dedicated to business and human rights in Pakistan was revealed to the participants to highlight and emphasize the Ministry’s commitment to transparency through-out the process of development of the NAP. It was explained that the website would play a significant role in the development of the NAP as it would allow relevant individuals and groups to communicate their concerns directly to those in charge of drafting, and would present a platform for open dialogue which would guide the development of the NAP on business and human rights in Pakistan.

The consultation overview ended with a note of thanks to the participants who had volunteered their time to present their recommendations on the development of a NAP on business and human rights in Pakistan.

Figure 2 shows the website dedicated to business and human rights which may be accessed at: www.bhr.com.pk

Page 5: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Opening Plenary – Panel Discussion on Business and Human Rights in Pakistan Moderated by: Mr. Oves Anwar (Director Research, Research Society of International Law, Pakistan) Panelists: • Mr. Malik Kamran Azam Khan Rajar, (Joint Secretary, Ministry of Human Rights, Pakistan) • Ms. Mariam Khalid, (Manager Legal, PEECA, Pakistan) • Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional)

The aim of the Panel Discussion on Business and Human Rights was to bring together leading representatives of civil society, business, academics and the legal community to provide an analysis on the existing framework on business and human rights in Pakistan which could be used as a basis for establishing a human rights standard for businesses to follow. The opening plenary comprised of comments from each of the panelists on the subject of human rights protection within the context of business activity and the challenges that it could present in Pakistan. Mr. Malik Kamran Azam Khan Rajar highlighted existing government commitment towards compliance with international and domestic human rights obligations which had to be translated to the business context as well. He emphasized on the existing human rights standards that existing under the domestic framework which require compliance by corporate entities as well, for the complete implementation of the human rights framework. Ms. Mariam Khalid stressed on the plight observed in the mining industry and the grave violations of human rights which continue to exist despite the existence of domestic legislation protecting the rights of workers. She emphasized on the need to establish appropriate health and safety policies by corporate entities to ensure effective mechanisms of protection for workers. She highlighted the lack of implementation of the Mines Act and the use of archaic and old-fashioned methods of extraction which lead to human rights abuses in the sector. She stressed on the need to establish the mining sector and the extractive industry as a means of business in Pakistan however, before such sectors can eb established human rights abuses must be regulated to ensure their sustainability. On the other hand, Mr. Uzair Kayani outlined the distinction between natural and legal persons, stressing on the need to teach morality and the importance of human rights to legal persons who do not grow up in ordinary social structures based on concepts of faith, ethics and morality. Through the panel discussion he shed light on the need to create awareness and establishing clear human rights standards which businesses can adhere to safeguard human rights within the business context. He emphasized on the need to increase competition on the human rights front to ensure that businesses improve their compliance to human rights standards. Lastly, during the panel discussion Ms. Aleena Alavi cast light on widespread corruption and practices involving bribery within labour departments in the country which fail to implement existing standards under domestic labour laws and continue to certify businesses on their compliance based on bribes. She stressed on the need for stricter State regulation of its departments to ensure that human rights within the context of business activity are being protected and respected.

Page 6: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

The opening plenary was followed by a Q & A session whereby the floor was opened for questions to the Panelists from the participants. The following questions were posed for the Panelists to answer: The first question was posed at the Ministry of Human Rights, through which the participant stressed on the importance of implementation of domestic legislation and the need to encourage CSR initiatives within Company policy. Mr. Malik Kamran Azam Khan Rajar in responding to the question, explained that the Ministry of Human Rights is looking forward to facilitating honest and open dialogue through these consultation sessions and through the development of the NAP on business and human rights is committed to helping in strengthening regulatory requirements, and updating outdated domestic legislation. The second question came from the representative of the Transport Association who highlighted the plight of truck drivers who are required to carry out 24-hour shifts without adequate compensation. The workers are not given time off their shifts and are left with dismal vacation and leave options. It was highlighted that the injustice carried out in this sector is only acknowledged when these drivers have untimely deaths due to which there needs to be better social security measures for truck drivers and low-level laborers. As a response, the Ministry of Human Rights recognized the need to regulate the informal sector and noted the recommendation towards such regulation which could be addressed in the NAP on business and human rights. The third question was posed by Mr. Mehdi Hassan, President of the Human Rights Commission of Pakistan who explained that the real problem in implementation of human rights in Pakistan is an issue of the lack of rule of law which can be seen in some forms of employment which are akin to slavery, and continue to exist. He took the view that unless enforcement and implementation of domestic laws is improved, the human rights situation in the country will not improve. In response, the Ministry of Human Rights recognized the need for Pakistan to comply with its existing human rights obligations and explained that human rights compliance in all spheres was a priority for the State. Other issues such as sexual harassment in child labor industries was also highlighted during the Q & A session. Finally, representatives of the Labour Department highlighted the challenges faced by their departments which were left to carry out regulatory mechanisms with limited resources available to labour inspectors.

Page 7: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Working Group Sessions: The participants had been divided into four working groups to ensure focused discussions on particular issues which plague the business sector. Two of these working groups comprised of business owners, civil society members and lawyers, whereas the other two working groups comprised of employees and representatives of the working class, along with civil society members and lawyers. This division was essential to present a two-fold analysis on the recommendations and challenges presented by business owners, and employees to provide a holistic picture of the on-ground reality and issues faced by both classes. Group A: Moderated by: Mr. Oves Anwar, (Director Research, Research Society of International Law, Pakistan) Class: Business Owners, Civil Society Members & Lawyers Note Taker: Ms. Noor Waheed (Research Associate, Research Society of International Law, Pakistan)

The Working Group Session included business owners, civil society members and lawyers. The main issues highlighted in the Session was the prevalence of child labour in Pakistan. The group discussed that families were dependent on the earnings of children in certain areas due to which sustainable and ethical child labour must be practiced. The example of the Sialkot football manufacturing industry was used in the working group to discuss ways in which ethical practices can be introduced to burn child labour or the exploitation of children who are dependent on their employment. Furthermore, business owners and employers highlighted the existing human rights policies in their companies. It was highlighted that companies have developed human resources policies, along with policies to deal with sexual harassment at the work-place. Furthermore, it was stressed that compliance with labour laws must also be seen as a form of human rights policy which provide protection to the right to life, health etc. When asked about compliance with human rights policies, and the development of express policy commitments, the participants in the group stated that as business owners and employers they should be open to the development of human rights policies within their companies. In addition to this, the group highlighted the need to ensure the development of health and safety policies across the board and in Mills and factories as well, whereby employees are provided protections from dangerous and hazardous environment as opposed to being given Ramadan packages which are projected as favours to employees. The lack of uniformity in implementation of labour laws and safeguards throughout the State was also highlighted. Moreover, the group discussed that Labour inspectors were susceptible to bribery and let companies off who have committed gross violations of government regulations. Due to this, it was argued that there must be enhanced accountability of the violators and whistle blower culture must be encouraged. The group also highlighted the need for companies to provide human rights training to their employees and must build their own capacities to ensure compliance with human rights standards. ILO Convention 182 was also discussed, and it was stressed that poverty must be elimination to achieve complete compliance with human rights laws. The group highlighted many projects which had been started for the elimination of bonded labour, female reproductive health and for the elimination of poverty which were not successful.

Page 8: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

The group also stressed upon the need to establish mechanisms for the provision of social security for employees including the provision of Medical ID for employees in dangerous situations. It was also stated that corporations must adhere to mandatory paid vacations for employees and must encourage the development of Unions to ensure the protection of human rights of employees. Issues Raised:

1. Payment of Wages 2. Regulation of Working Hours 3. Arbitrary Dismissal 4. Severance Packages and Social Security for Employees 5. Child Labour 6. Health & Safety policy 7. Elimination of poverty

Recommendations:

1. Policies must be developed to regulate child labor, and to ensure equality of opportunity. 2. Regulation of bribery and practices involving corruption must be ensured. 3. Public education of human rights and awareness programs must be carried out. 4. Human Rights trainings for employees must be carried out. 5. The informal sector must be regulated to ensure the protection of right of those who have

not been formally employed. 6. The implementation of the plethora of domestic legislation protecting the rights of the

working class must be ensured. Group B Moderated by: Ms. Ayesha Malik (Senior Research Associate, RSIL, Pakistan), Ms. Zoha Shahid, (Research Associate, RSIL, Pakistan) Class: Employees, Civil Society Members & Lawyers Note Taker: Ms. Simrah Faruqi (Junior Research Associate, Research Society of International Law, Pakistan)

The Working group session included employees, and civil society members. The main issues highlighted in the session were the impacts of informal employment on human rights and worker’s rights, the issue of minimum wage and the regulation of the working day. One of the participants in the session also stressed upon the non-existence of a clear definition of business due to which actions of institutions such as Madrassah’s and their employees are seen as falling outside the ambit of business activity. It was discussed that this can have far ranging implications on the rights of workers and the rights of the entity itself. Some of participants in the session also emphasized upon the need to regulate international donations made to organizations such as NGO’s to ensure the protection of worker’s rights in the context of wages and extra working time. The lack of sexual harassment committees in companies was also highlighted to emphasize the need for compliance with the Protection Against Harassment of Women at the Workplace Act, 2010. Furthermore, the issue of lack of trainings and human rights awareness within the context of business activity was underlines to establish a narrative around the protection of human rights in business. A number of recommendations were made by the participants of the group in relation to the National Action Plan on Business and Human Rights. The participants recommended that examples of specific human rights policies for different sectors must be introduced to provide an

Page 9: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

understanding of salient features which must be included in the policy commitments of companies in each sector. It was also recommended that human rights audits must be carried out by specialized third party organizations to track the human rights performance of businesses. One of the participants stressed upon the need to encourage public interest litigation which would allow the State to provide adequate redressal mechanism for violations of human rights. It was also stressed that labor exploitation in the various sectors of business must be regulated which include the regulation of working hours and mandated over time payment for such workers. The lack of formal employment may lead to exploitation of the employee by their employers which must be regulated by the State to ensure the protection of worker’s rights. It was also recommended that human rights trainings must be made mandatory for businesses to carry out, and employees to attend to ensure adequate dissemination of rights within the context of business activity. One participant recommended that human rights channels must be developed online through the Ministry of Human Rights to ensure dissemination of human rights knowledge. It was also recommended that community engagement and consultation must be encouraged to allow heads of corporations, civil society members, and lawyers to work together in developing company human rights policy commitments. Furthermore, the rights of disabled persons were highlighted such as the lack of training and facilities provided to differently-abled people in the context of business activity. The participants in the group also highlighted a number of challenges such as a lack of will and a lack of awareness in relation to the protection of human rights in the context of business activity. Issues Raised:

1. Provision of minimum wage 2. Regulation of informal employment 3. Regulation of working hours and payment of overtime compensation 4. Adequate dissemination of laws relating ot human rights and employment 5. Equality of opportunity 6. Dealing with sexual harassment 7. Rights of differently-abled persons 8. Community engagement and consultation 9. Development of express human rights policy commitments 10. Development of mechanisms to track human rights performance

Recommendations:

1. The informal sector must be regulated to ensure the protection of rights of informal employees.

2. Implementation of laws to deal with sexual harassment must be ensured and redressal mechanisms to deal with complaints related to sexual harassment must be strengthened.

3. It should be ensured that employers pay at least minimum wage to their employees. 4. Human Rights trainings and capacity building exercises must be conducted within

companies to ensure compliance with human rights standards. 5. Human Rights investigations must be allowed to ensure the provision of adequate

remedies to those whose rights have been violated. 6. Relevant stakeholders must be consulted to understand ground reality and how to deal

with it.

Page 10: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Group C Moderated by: Mr. Malik Kamran Azam Khan Rajar, (Joint Secretary, Ministry of Human Rights, Pakistan) Class: Business Owners, Civil Society Members & Lawyers Note Taker: Ms. Seemal Hameed (Junior Research Associate, Research Society of International Law, Pakistan)

The Working group session included business owners, civil society members and lawyers. The main issues raised in the session were related to lack of awareness of human rights, regulation of working hours, development of express human rights policy commitments, human rights due diligence and the provision of remedies for violations of human rights. The group outlined the need to encourage awareness of human rights amongst duty-bearers and right-holders which is the biggest obstacle in implementing laws in any company as employers lack knowledge for the protection of employee rights whereas employees lack awareness of remedies and the nature of their rights as well. Furthermore, it was highlighted that a trend has been set in the business sector whereby those who work over-time without adequate compensation are seen as competent and in rural areas, employees are expected or made to work overtime with nominal monetary compensation. Furthermore, the group discussed that the human rights policy of a company must not be the same as its human resources policy but should be developed as a separate, coherent document and the human resources department must work independently to develop a comprehensive human rights policy which establishes clear human rights standards within the company. It was stressed that fundamental rights such as the right to life, health, safety and environment must be secured first and must be given priority and voluntary mechanisms for the development of express human rights commitments must be encouraged. The group highlighted that implementation of existing laws remains the biggest challenge to compliance with human rights standards which must be dealt with by the State. Representatives of Crescent Steel & Allied Products Ltd. stated in the working group that human rights due diligence was a part of their sustainability reports however third-party assessment of such reports must be encouraged to ensure that companies adhere to international standards. Furthermore, it was highlighted that the company had established proper risk assessment mechanisms in which third party auditors were involved to ensure provision of adequate redressal mechanisms and remedies to those who are victims of human rights violations. Issues raised:

1. Lack of awareness of human rights 2. Regulation of working hours and payment of overtime compensation 3. Informal employment 4. Human Rights Due Diligence 5. Development of express human rights policy commitments 6. Redressal mechanisms and provision of remedies

Recommendations:

1. Government should create awareness, e.g. by drafting guidelines for both employers and employees. Employees should be informed about their rights at the time of employment

Page 11: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

and employers should set up specific mechanisms to ensure that these rights are not violated.

2. Government should conduct trainings for employers and employees entailing detailed information about business and human rights so that all the stakeholders involved know what is expected of them at a workplace.

3. Human rights courses should be introduced. Ministry of education should be involved if needed to ensure that awareness is spread about the said issue.

4. Most businesses in Pakistan have oral contracts. Therefore, regulatory mechanisms should be introduced to safeguard the rights of the employees.

5. Government should create guidelines (set benchmarks) concerning the rights of employees. These standards would include, a compilation of all the regulations governing the rights of employees and a list of guidelines on ways to implement these regulations. From this document, each business can formulate their own human rights policy.

6. It was suggested by all the participants that a general document should be issued by the government which can act as a commitment by the companies to uphold human rights in their business activities.

7. Major focus should be on the environment at workplace. It was argued that the HR departments of most companies are more focused on saving the employers from labour laws than to protect the labour force. It was also suggested that safety inspectors should be appointed to ensure that companies are taking all the appropriate measures. However, this argument was rebutted by business owners.

8. The activity of the police force should also be monitored (especially during strikes by labour) to ensure that the employers do not bribe the police to discard the protest by the workers.

9. In many companies, the trade unions are not reliable for workers. They are pre-formed by the employers and are not helpful for the employees. Hence, this issue should be addressed by the government.

10. To prevent disasters, infrastructure of the factories should be improved and regulated. 11. Companies that successfully comply with international standards should be recognized by

the government to encourage it. 12. Government should propose models that dictate how to provide remedies. This should be

done considering the resources of each company Group D: Moderated by: Ms. Aleena Alavi,(Legal Professional) Class: Employees, Civil Society Members & Lawyers Note Taker: Ms. Noor Fatima (Junior Research Associate, Research Society of International Law, Pakistan)

The Working Group session included employees, civil society members and lawyers. The group focused its discussion on the issue of payment of minimum wage and recommended that the State must strengthen its institutions such as the Employees Old Age Benefits Institution to establish facilities and mechanisms which provide employees with safeguards after their employment period ends as well. Furthermore, the group stressed on the need to register companies with the Labour Department without such processes being crippled by corrupt practices and those involving bribery. It was highlighted that the lack of implementation of domestic legislation leads to grave violations of human rights due to which along with encouraging awareness of domestic laws, their implementation must be ensured.

Page 12: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

In addition to this, employees presented their grievances in terms of benefits available through their employment and stated that benefits were not available based on need but on position, and such benefits are usually limited to managers in a company. The lack of payment of good wages was also highlighted which indirectly effects rights such as the right to education and employees, due to lack of resources fail to provide adequate education to their children. Furthermore, the group stressed on the need to formalize employment and the imminent requirement of providing job security to employees to ensure the protection of their rights within the sphere of employment. Another major issue which was raised in the group was that of discrimination based on gender. It was highlighted that female workers continue to be discriminated against and equal opportunities are not present for male and female employees. Even though domestic laws stipulate for the provision of equal remuneration, in reality women are paid less wages than men for the same amount of work. Sexual harassment in the workplace continues to persist and many companies have failed to comply with the statutory requirement of establishing harassment boards to deal with relevant complaints. Another concern for the group was the lack of regulation by labour departments in white collar jobs and it was stressed that a high percentage of workers in Pakistan do not earn enough to join Labour tribunals which effects the ways in which they may receive remedies for violations of their human rights. Issues Raised:

1. Payment of minimum wage 2. Registration of Companies with Labour Departments 3. Provision of job security 4. Human Rights trainings and awareness programs 5. Equality of opportunity in the workplace 6. Dealing with sexual harassment in the workplace 7. Jurisdiction of Labour Tribunals 8. Encouraging formation of unions

Recommendations:

1. Implementation of human rights and awareness amongst right holders and duty bearers must be ensured.

2. Labour Unions, trade Unions and leaders in the business community must be engaged with and trained to ensure adherence to human rights standards.

3. Job security must be provided to the working class as certain jobs have conditions similar to that of bonded labour which has been universally prohibited.

4. Unfair practices and exploitation of workers continues to exist which must be curtailed. 5. Incentives and social security mechanisms must be established on a need-based criterion

to ensure the protection of employees’ interests. 6. Companies must be provided certifications and incentives for the implementation of

human rights within their policies to ensure that voluntary compliance with human rights standards is realized.

7. Accountability through the labour department must be strengthened and corruption and practices involving bribery must be curtailed.

8. Following the example of the United States, CSR regulation at a State level must be carried out to ensure that companies do not adversely affect the rights of individuals in the communities in which they operate.

Page 13: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

Closing Plenary-Feedback on Working Group Sessions: The closing plenary included feedback from participants of each working group. The representative of Group A explained the main issues which had been discussed during the session. These included child labor, women empowerment and poverty alleviation which must be made goals within the human rights policies of corporate entities. The issue of corrupt practices in business was also addressed and it was underlined that accountability must be ensured at the corporate level. It was further highlighted that the labor force must be educated, and mandatory human rights training must be carried out to ensure dissemination of labor rights to workers. The first step in enforcement of human rights can be seen within individual awareness of fundamental rights due to which such training must be mandatory. The need to protect the right to life was further emphasized upon with a specific focus on the quality and standard of health-related policies at the workplace. Furthermore, the participant highlighted that large multi-national companies may be expected to protect human rights but the same cannot be expected off small companies which require a more stringent level of regulation for the mitigation of their adverse impacts of human rights. The Group focused on the need for grass-root level changes such as a human rights based approach to education through which awareness of rights may be guaranteed. In addition to this, the main focus of the group discussion was on the implementation of the plethora of labor laws that exist in the State to ensure the protection of worker’s rights. Group B focused more on employee rights and highlighted the need for regularization of the informal sector. The plight of female domestic workers was highlighted, and it was recommended that a formal system of regulation must be established to limit the violations of human rights against domestic workers which mainly constitute of women and young children. In addition to this, the participant highlighted that the National Action Plan on Business and Human Rights must provide for the regulation of minimum wage for domestic workers. Furthermore, it was highlighted that sexual harassment in the workplace continues to prevail due to which committees must be established within each corporate entity to ensure that any complaints brought forward by victims of harassment to provide adequate redressal mechanisms. The group also emphasized on the need for capacity building of National Human Rights Institutions to provide adequate redressal mechanisms for violations of human rights within the business context. The Group also emphasized on the need to re-evaluate the definition of business through which clear standards must be set for compliance with the human rights framework. Finally, representatives of the Group highlighted the need to introduce human rights investigators to ensure adequate investigation and redressal mechanisms for violations of human rights. Group C focused on awareness of human rights issues in the context of business and human rights and emphasized upon the need to develop voluntary certification programs, along with provisions for financial benefits and incentives to businesses to ensure compliance with the human rights framework. It further focused on the need to build capacity for independent bodies within corporate entities which can be given the responsibility to track the company’s human rights performance. They further emphasized upon internal and external third-party auditing of companies to ensure compliance with human rights standards. Finally, Group D aimed to provide solutions for prevailing human rights issues in the business sector. The representative from Group D focused on training for laborers, members and leaders of trade unions to ensure engagement of corporate entities with them to provide a clearer standard of protection of human rights. They further highlighted the issues related to job security, which

Page 14: Lahore Consultation – Final Report - BHR• Mr. Uzair Kayani, (Assistant Professor, Shaikh Ahmed Hassan School of Law, Pakistan) • Ms. Aleena Alavi,(Legal Professional) The aim

may include unfair practices and lead to exploitation of the labor force. The Group observed the positive ways in which the Sialkot’s football industry successfully eliminated child labor- a model which must be applied to other industries as well. The Group also focused on the need for salary-based incentives to provide for those officials who may be given promotions but are made to work on the same salary to ensure the regulation of corruption and bribery in the workplace. Finally, the group highlighted for State level regulation of CSR activities established in a company to ensure self-accountability and ethical business practices. Closing Remarks: The closing remarks were given by the President of the Research Society of International Law, Mr. Ahmer Bilal Soofi who commended the participants for the active role they played during the consultation session in providing recommendations to the State which would guide the development of the National Action Plan on Business and Human Rights in Pakistan. He applauded the efforts of the Ministry of Human Rights, UNDP and RSIL in holding a successful multi-stakeholder consultation session which resulted in an in-depth analysis of the gaps that continue to exist as challenges in the implementation of the human rights framework. Finally, Mr. Malik Kamran Azam Khan Rajar, Joint Secretary in the Ministry of Human Rights thanked the participants for their perceptions in relation to the issues faced in the implementation of human rights within the context of business activity and ensured that the recommendations received as a result of the Consultation Sessions would guide the development of the National Action Plan on Business and Human Rights in Pakistan.