Agriculture workers get employment for less than six months in a year and often migrate to other avenues of employment like construction and similar other occupations during the off-season. Some agriculture workers are employed round-the-clock. Circumstances force most agriculture workers to borrow money from time to time from private sources. It is, therefore, imperative that in the first instance, a National Commission on Rural Labour (NCRL) be constituted and thereafter gradually labour laws be made applicable on agriculture workers. To begin with provision of Workmen's Compensation Act 1923, Provincial Employees Social Security Ordinance, 1965 and Payment of Wages Act 1936 be made applicable to agriculture workers.
It is understood that the Ministry of Labour and Manpower has prepared a draft of Employment and Service Conditions Act 2009. However, even in this draft there is no reference for extension of the said legislation to agriculture workers. It goes without saying that almost half of the agriculture workers are migrant workers ranging from inter-district to inter-provincial migration. The problems of all migrant workers are very severe. They work for 12 hours a day and receive no weekly rest, they are hardly provided any housing facility and their wages are invariably delayed and in some cases defaulted. It is, therefore, imperative that the four provinces should jointly sit together and formulate "Inter-Provincial Migrant Workmen's Act". It is possible that the Directorate of Labour may not cooperate for enforcement of this law, yet it must be ensured that not only such legislation is promulgated but even right of Freedom of Association as envisaged in Article 17 of the Constitution of Pakistan be given effect to agriculture workers. The agricultural and prosperous provinces like Punjab and Sindh depend on migrant workers and they should mete out fair treatment, ensure fair housing, adequate wages and social security benefits to agriculture workers. Application of labour laws in Punjab and Sindh to start immediately and gradually extended to Balochistan and Khyber Pakhtunkhwa.
Unlike India, where agriculture workers are covered under the Minimum Wages Act 1961, no such law is applicable to agricultural workers in Pakistan. As a first step this should be done. Enforcement of Minimum Wage will be real problem because the inspectors in the Directorate of Labour would either be reluctant to visit farms and fields and big landlords and zamindars would be reluctant to cooperate with them in ensuring minimum wages. Enforcement of minimum wages through Public Interest Litigation in the high courts of Sindh and Lahore be encouraged. Payments to agricultural workers only through cheque deposited in the bank account be treated as legal payment and not in kind.
Agriculture can offer job opportunities to a large number of unemployed workers. If should be given due priority, which provinces should not neglect. Countries such as China, Japan and the US grew on a strong base and at a faster rate only after priority was given to agricultural labour. This area requires special policy and programme for agriculture labour, which means and includes agro-based food processing industry. Cash crops of medicinal plants, floriculture, poultry, horticulture, aquaculture, natural resources management, farm management, technological improvement, bio-technology, multi-dimensional research, development of agriculture financing network, development of markets etc are some of the problems which the government may initially face if it decides to extend Labour Laws to agriculture workers. The improvement in agriculture will generate employment in agricultural machinery production, fertiliser distribution, construction and in small-scale industries. This is all the more made because globalisation has reduced job opportunities in the organised secondary sector particularly in industries and mining. In India, some of the labour laws are already applied to the agriculture sector such as Workmen's Compensation Act, Minimum Wages Act, Personal Injuries (Compensation Insurance) Act 1973, Bonded Labour System (Abolition) Act. Some progress has been made in our neighbouring country for implementing of several schemes and programme for the welfare of rural and agriculture workers. Considering inadequacy of these measures and welfare schemes, attempts are even being made to enact a separate comprehensive law for agriculture workers in India. This may not be possible for the time-being in Pakistan. With the passage of time gradually the provisions of various labour legislation be extended to agricultural labour so that in two or three years, all the provisions of labour legislation, including Freedom of Association and right to form trade unions can also be applicable in relation to agriculture workers in Pakistan.
It goes without saying that this country has neglected the agriculture sector for over 64 years, although agriculture is the backbone of our economy, and it holds the promise of prosperity. It is time that an effective framework of laws and social security should put into place for workers in the agriculture sector. Agriculture contributes almost 30% of the gross national product of the country.
Forests provide a large number of non-timber products, which have been the means of livelihood for millions of people. These products are firewood, fruits, seeds, petal, gum, medical herbs, honey etc. Though trading in these items is a big business, the collector of these products, do not get adequately paid in any of the four provinces. There should be province-sponsored bodies like Forest Development Corporation who should work as buyers. They should not buy the products at prices, which are wilfully and deliberately kept low. This policy should be discouraged to ensure protection to agricultural workers in Pakistan.
The curtailment of rights of forest dwellers and nearby people over reserves forests has impacted lives of hundreds of millions of forest dwellers for whom forest constitute an important source of livelihood. Non-timber forest produce has huge potential in processing industries, particularly for women. Non-monetized consumption from forest products is less than one percent of the per capita income and inclusive of firewood and grazing facility, the benefits tend to equal per capita income level. Some of the provinces have taken the initiative increasing the forest cover in the country and have reversed the earlier trend in some areas. Yet monopoly in non-timber forest product has led to monopoly operations in collection and sale involving large complacent of government/public sector staff and large overheads. There is thus scope for reducing the grip and opening up sectors to private initiative, especially for forest people and those dependent on forests like tribals and womenfolk. Forest workers are entitled to treatment and they should not only be rehabilitated, if need arises, with alternative jobs but still further villages should be treated as revenue villages. Shepherds and nomads who depend on domestic animal herds and animal grazers, utilising the village and forest lands are another category of self-employed group who often live below substance level specially in Balochistan, Upper Sindh and Khyber Pakhtunkhwa. When earnings and wages are below the statutory Minimum Wage, such workers have to live by borrowing. Conditions of workers thereafter slide into bondage. If a worker is paid below the dignified minimum wage and the farmer does not get justifiable price for its product this attracts the provision of Fundamental Rights as enshrined in the Constitution of Pakistan and as incorporated by the apex court. The Indian Supreme Court, in the famous case of ASIAD has added an important dimension to the definition of bonded labour when the court ruled that the force arising out of economic compulsion to make one volunteer to work below minimum wage is also forced labour. The cases of farmers who do not get minimum price for their crops and workers, who do not get minimum wages, therefore need a correctional legislative step. There are even certain categories of workers in the farmer community who get only nominal wages like honoraria. These and other similar workers are considered part of the unorganised sector of our economy. They are equally entitled to minimum wage and relevant social security measures.
Most of the workers in the unorganised sector are women. The share of casual labour and self-employed labour amongst female labour is higher as compared to that amongst male labour. The existing Labour Laws in the country do not cover adequately the work force in the unorganised sector. In conclusion, 95% of our workforce does not enjoy minimum protection and security of service. The need is to extend existing Labour Laws in the unorganised sector. Alternatives are whether to extend the protection and security by maintaining existing Labour laws or else to provide them with an umbrella law, that provides the minimum protection, access to social security, redressal of grievances whilst retaining existing sub-sectoral laws and sub-sectoral systems. The existing Factories Act 1934 is applicable only to manufacturing units working as factory and its provision do not apply to vast mass of workers in the unorganised sector. Minimum Wage Ordinance is also not applicable to unorganised agriculture labour. This Minimum Wage law aimed at ensuring that the market force and the law of demand and supply are not allowed to determine the wages of workers covered by this law and it is the bare minimum that has to be given at all cost, if any industry is to operate. Under the existing Workmen's Compensation Act, the employer is liable to provide monetary compensation to workers or dependents in case of death arising out and in the course of employment. This relief is not available in case of injury takes place when the worker is not actually engaged in discharging duties related to employers trade or business. This therefore calls for extension of Workmen's Compensation Act also to agricultural labour to meet eventuality referred to herein above The method of claiming compensation for disability is so tortuous one rarely get compensation to which one is entitled by law.
The workers often find it difficult to prove the employer and employee relationship and as a result cases are prolonged and often workers die without receiving compensation. Even in the organised sector, sixty-four years after independence, and even after promulgation of Constitution, more than 95% of the labour force does not enjoy these guaranteed rights. There is every reason to say that we have not practiced what we have preached. This provides a fertile ground for the birth and growth of violent movements that aim at overthrowing the system. One of not the most important of the ways of reversing this trend is to fulfil the promises that our Constitution makes to the poor and under-privileged in the agricultural sector and in the unorganised sector both in the rural and urban areas. Even Land Reforms have not been implemented although all political parties provide for the same in their party manifestos. Unfortunately, however, today employment opportunities are not adequate. Those in employment both in agricultural, unorganised sector do not get benefit, if any. One if not the most important ways of reversing this trend of terrorism in this country is to fulfil the promises that the Constitution makes to the poor and under-privileged Labour both in the rural and in the urban areas of the country.
If for reasons all to obvious and with the strength of those in the agricultural sector in the Parliament they are not agreeable to extend all Labour Laws to the agriculture sector, then it will be logical and wise to enact an umbrella law for agriculture labour which would guarantee a minimum of protection and welfare to all workers in the agricultural and unorganised sector as recognised in our Constitution, United Nations conventions and ILO conventions ratified by our government. The unorganised sector includes the agricultural sector. Whatever exists is inadequate. Our Constitution and the international agreements we have, give us the mandate to secure their protection. Unorganised sector including agriculture sector account for more than 95% of the total workforce. This sector contributes more to the economy and employment in Pakistan. In India National Accounts Statistics Report of 1995 confirms that nearly 65% of the national income is contributed by the unorganised sectors. These workers particularly women have not been able to organise them and are further discriminated. The existing Labour Laws do define most of the workers because a principle employer is not easy to identify in these kinds of work. If properly conceived and effectively implemented, a law for unorganised sector will make a definite contribution to the eradication of poverty. Agricultural labour cannot be whisked away. The nation divided between the organised sector (formal) and the unorganised sector (informal) of the country's economy and the workers engaged in them, is unreal because these sectors are interdependent. For example, textile, sugar industry. No labour legislation can be effective unless it integrates their needs of agriculture workers or unorganised workers, with those of the rest of our society and economy. To achieve recognition as a worker each person who is actually working should be given an official identity card. The identity card gives the agriculture workers a definite legal identity and recognition. Nadra cards, voters list could well be the basis to identify the agricultural workers. Agricultural workers are entitled to protection and welfare not only because they are citizens but also they are the main contributors to the wealth of the nation. Today, even without these entitlements they contribute their labour skill and entrepreneurship to the economy when provides with rights to these entitlements under the labour laws and thus their productivity as well as their purchasing power will grow. They will add to the country's gross national product, strengthen the economy and help fight inflation and economic crises. If their economic contribution is not recognised and enhanced, if they continue to be treated as the recipients of safety net policies, they will continue to be poor beneficiaries, living constantly on welfare, subsidies and on loans and borrowings.
Though more than 50% of the working women are engaged in farm labour, their contribution is not recognised. Women involved in seasonal agriculture should be helped to diversify into horticulture, fruit processing, vegetable growing, animal husbandry and dairy. The government should constitute an "Equal Opportunities Commission" and recommend that the Commission should have wide powers of investigation, directions, advice and monitoring. It is also suggested that a Tripartite Board be constituted, in such a manner that workers have as many representatives as the government and the employer. This Board should regulate implementation of legislation and also contribute to making women workers visible, and empower them with equal rights in the agriculture sector. It is also suggested that each of the province to set up a separate wing for unorganised workers, including agriculture workers in the Labour Department. There is also a need for an integrated perspective on health as most of the health problems that agriculture women faced, related to their general life situation, which aggravate the problems they faced as workers such as inadequate nutrition, non-accessibility to health care, water, housing, sanitation, maternity benefits and children amongst others. (The writer is an Advocate of Supreme Court)