Introduction
Long working hours, low wages, poor health and safety conditions, rising contractual work and increasing curbs on freedom of association and collective bargaining characterize the transforming nature of work relations in Pakistan in the present decade. Scrapping of protective clauses and introduction of restrictive labour legislation—over-riding constitutional framework—is on the rise. Violations of basic labour rights are on the increase across the board. The state has withdrawn itself from monitoring the implementation of labour laws through suspension of labour inspection. The capacity of labour judiciary to provide justice and oversight is eroding. Labour organizations, with legally empowered collective bargaining agency, stands shrunk in power and size.

Enabling Rights
Right to work and earn a decent living under conditions of freedom and dignity is recognized as one of the fundamental human rights. According to the Constitution of Pakistan, 'the state shall make provision for securing just and humane conditions of work…' (Article 37c), and '…shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work' (Article 3).

Pakistan is a signatory to both, the UN Universal Declaration of Human Rights 1948 that recognizes the right to work, to freely choose employment and to have just and favourable working conditions, and the 1998 ILO Declaration on Fundamental Principals and Rights at Work that pledges to 'promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity'. Pakistan has ratified all the eight core Conventions that codify the four most basic human rights related to the world of work-the right to organize and engage in collective bargaining, the right to equality at work, the abolition of child labour and the abolition of forced labour.

The ILO defines decent work as ‘…productive work in which rights are protected, which generates an adequate income, with adequate social protection’1 . The notion of decent work includes economic dimensions as well as social aspects, particularly participation and dialogue, and is inextricably linked to social justice and democracy.

The types of instrumental rights that promote social justice and democracy, and lead to equitable development include ‘…political freedoms, economic facilities, social opportunities, transparency guarantees and protective security.’2 The existence and effective functioning of institutions, including that of the state and the democratic system, play a crucial role in advancing instrumental rights, including the right to earn a decent remuneration through gainful employment or self-employment.

Sadly, ratification of international standards and the provision of constitutional framework have not secured labour rights to the vast majority of workers in Pakistan. Institutional decay, retrogressive labour legislation and lack of democratic culture are among the many reasons the workers at large are denied their rights and confronted with increasingly harsh conditions.

Economy
The fiscal and economic liberalization policies pursued by the government since 1988—with the beginning of Structural Adjustment Programmes—have brought about drastic changes in the workplace and in work relations. Formulated by the IMF, World Bank and the Asian Development Bank, at the behest of international capital, the process is continuously weakening the ability of workers to negotiate advancement of labour rights through enhanced employment terms and conditions protected by better legislation and implementation. The expansion of informal economy, weakening of trade unions and the rising trend for anti-labour and pro-investor national labour legislation have also been a response to globalization and the resultant economic, commercial, technological, and political changes that are taking place nationally and globally.

In the 1990s, the pace of downward slide in the status of labour in the country was aggravated on several accounts including declining agriculture sector (in terms of both labour and output), decrease in wages in real terms, fall in public sector employment, cut in public (development) expenditure and reduction of subsidies. Poverty increased from 26.1 percent in 1990-91 to 32.1 per cent in 2000-013.

In 2002, General Pervaiz Musharraf replaced the Industrial Relations Ordinance (IRO) 1969 with the IRO 2002. The additional curbs imposed by IRO 2002 on the right to unionize and the right to collective bargaining were compounded by neo-liberal policies pursued relentlessly by the government. Without consent of the Council of Common Interests, the Privatisation Commission took ‘…giant strides on the strategic sale of mega projects…’4 backed by massive state repression to stifle workers’ resistance. Fifty-eight privatization transactions for assets of the federation, including those of public utilities (i.e. KESC, PTCL) were materialized during December 1999 to August 20065. The impact of privatization on workers was adverse: thousands were made jobless with or without reasonable compensation, for others, employment conditions changed for worse as in many instances the new managements re-hired the staff on insecure contracts.

Though according to official statistics, the population living below poverty line shrank from 32.1 per cent in 2000-01 to 25.4 in 2004-056, other economic indicators did not support the claim and the ground realities for workers remained as harsh as ever. Driven by food and fuel price hikes, the inflation was recorded at 8.9 by December 2006 adversely impacting the low and middle-income groups7. Slight decline in unemployment rate—from 7.7 per cent in 2003-04 to 6.2 in 2005-06—was noted officially. Of the 50.05 million active labour force, 3.11 million people were unemployed8.

Recent Legislative Changes
The year 2006 witnessed further erosion of labour rights in Pakistan with the induction of Finance Bill 2006. In violation of Article 73 of the Constitution, the Finance Bill included amendments in several labour laws and in the penal code. The amendments in the Factories Act 1934, Standing Orders Ordinance 1968, Shops and Establishment Ordinance, 1969, West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance 1968 and the Employees Old Age Benefits Institution Act 1976, have brought about fundamental changes in the labour laws with deleterious consequences on the rights of the workers. The amendments relate to increase in working hours and over time; have allowed the employers to make women work till 10pm in two shifts; added 'contract worker' to the definition of 'worker' without entitlement of overtime, and curtailed the number of establishments for registration with EOBI only to those employing more than 20 workers.

The number of unprotected workers continued to rise during 2006; one reason being that employment rose both through more jobs in informal sectors, as well increasing informality of employment in the formal sector. Agricultural workers (43.1% of total employed workforce9), informal sector workers (73 per cent of the workforce10), employees of 16 major establishments and the workers of export processing zones remained outside the ambit of labour laws for labour protection and the Industrial Relations Ordinance 2002. The number of workers deprived of social protection would further rise in coming years as a result of the changes in EOBI Act that has curtailed its applicability in the formal sector and rendered smaller establishments ineligible to register.Official figures indicated declining percentage of workers categorized as 'employees' and deteriorating working conditions—41.82 percent worked for 48 hours or more per week11. While the formal sector workers—27 percent of the employed workforce—grappled with growing job and income insecurity, increasing de-unionization and longer working hours, 73 percent of the informal workforce faced poor working conditions, low wages, lack of social protection and lack of representational security in the unorganized, voiceless, informal sector.

Labour Struggles
The resistance and campaigns for labour rights by the informal sector workers continued in the year 2006. Years-long and concerted struggles of brick kiln and power looms workers in the informal economy yielded some gains in 2005-06 for the most vulnerable segments of workers. Thousands of brick kiln and power loom workers staged protest rallies, went on strike and suffered excesses by the law enforcing agencies. Many leaders and workers were arrested and detained in Faisalabad, Multan, Toba Tek Singh and Lahore. The strategic campaign of brick kiln workers for better wages and social security benefits, spearheaded by the All Pakistan Bhatta Mazdoor Union, resulted in government notification towards improved wages and the Supreme Court orders for better implementation of relevant laws for the protection of brick-kiln workers. Power loom workers' agitation against non-implementation of the tri-partite contract for improved wages signed in 2005 led to improved wages in some looms and increased registration of workers for social security benefits.

The Okara Military Farms’ workers’ determined struggle finally brought the army to negotiation with the movement's representatives. Aside a couple of incidences of arrest of farmers on allegedly fake charges, no excesses were committed by the law-enforcing agencies in the year 2006. Beginning from the last quarter of the year 2005, several meetings were held between the officials of the military, Rangers Punjab, Punjab Board of Revenue and the representatives of Anjuman Mazarain Punjab (AMP). The officials assured the AMP that the government is finalizing arrangements to grant land rights to the tenants as promised by Gen. Pervaiz Musharraf. By the end of 2006, the government functionaries had indicated that the General would make the announcement himself in early 2007 to secure vote for himself in the coming election from the vast constituency of occupancy tenants12.

The struggle of the inland and marine fisheries workers—united under Pakistan Fisherfolk Forum (PFF)—for abolition of the contract system in the inland water bodies and ban on deep-sea trawlers continued in 2006. In October 2006, the Fisherfolk Forum initiated a campaign against the sale of twin islands near Port Qasim, Karachi, for commercial development to a Dubai-based company.

After the failure of the country-wide struggle waged by the 65,000 strong workforce of the country's most profitable company, Pakistan Telecommunications Company Limited, against privatization in 2005, no significant struggle by the workers in the formal, unionized sector took place in 2006 with the exception of the resistance of teachers against the ban on teachers' unions in Sindh. Sporadic and atomized struggles of a number of formal sector units against retrenchment, including the PTCL, indicated further weakening of the trade unions.