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Pakistan Institute of Labour Education and Research (PILER) Road Transport Workers in Pakistan 2006 Zeenat Hisam

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Page 1: Road Transport Workers in Pakistan

Pakistan Institute ofLabour Education and Research(PILER)

RoadTransportWorkers

inPakistan

2006

Zeenat Hisam

Page 2: Road Transport Workers in Pakistan

Photography: Akhtar SoomroDesign: K. B. AbroPrinter: Printvision Karachi

Contents

Introduction 3

Road Transport: Overview 5

Governance 6

Regulatory Framework 8

Transport Policy 8

Road Transport Labour Legislation 9

Systems of Operation 9

Labour Force Characteristics 10

Working Conditions 18

Occupational Health and Safety 13

Organization/Unionization 15

Collective Care Arrangements 24

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3

This study presents an overview of roadtransport sector work environment,labour relations and working conditionsand examines workers' response toaddress some of the issues relating tosocial security through collective action.Methodology includes literature reviewand assessment through informal discus-sions with a select number of transportworkers/operators, representatives oftransport workers' unions/organiza-tions/federations, and private transportcompanies.

In Pakistan, road transport sector ischaracterized by non-compliance andnon-applicability of labour legislation.Road transport labour force comprisesmale wage workers, self-employedoperators owning single vehicle pur-

chased on loans from money lenders onexploitative terms, and small entrepre-neurs who own individually or jointly 5to 20 or larger vehicle fleet and fail, orevade, to comply with rules deprivingthe employees of minimum social secu-rity the state institutions offer to perma-nent employees in registered industri-al/commercial establishments. In a re-regulated, competitive work environ-ment road transport workers strugglewith low wages, long working hours,poor working conditions, occupationalhealth hazards and lack of social protec-tion.

In the absence of a unified, regulatoryframework, transport activities are gov-erned by a complex mix of formal andinformal rules, fiscal arrangements, insti-

Road Transport Workers in Pakistan

Introduction

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tutions and mechanisms of mutual helpand trust. The sector is also character-ized by a strong presence of a number ofloosely organized, (vehicle) mode-spe-cific, workers/operators' unions, orassociations, that attempt to addresssome of the issues on self-help, collec-tive basis. A few broad-based transportworkers' organizations/unions havedevised mechanisms to address someof the social security concerns throughcollective care arrangements. Theissues that are given priority are harass-ment and extortion by law enforcingagencies and lack of economic protec-tion in times of contingencies(injury/death in accidents, loss ofassets).Social security in its broader contextrefers to benefits that cover both riskmanagement and risk prevention, and isviewed as crucial tool to prevent depri-vation (promote living standards) as wellas vulnerability to deprivation (protectagainst falling living standards)1. In itsparameters closer to the ILO concept of'decent work'2, social security embraces

security of basic needs-and rights-forself and the family (food, health, shelter,education) and of economic needs (job,income, skill formation, access to capi-tal and markets), expanded by the ILOunder its Socio-Economic SecurityProgramme into seven forms of work-related security.3

The existing state mechanisms forsocial security provision (contribution-based social insurance schemes)-Employees' Social Security, Workers'Welfare Fund, Workers' ProfitParticipation Scheme, CompulsoryGroup Insurance Scheme, Employees'Old-Age Benefit Institution-are applica-ble only to the formal sector's perma-nent employees and have very low cov-erage even within the formally regis-tered establishments. The tax-financedsocial protection schemes for destitute(Zakat and Pakistan Bait-ul-Maal) havelow coverage due to poor governanceand exclusionary criteria. It is to benoted that the ILO Social Security(Minimum Standard) Convention 1952(No. 102) that identifies nine areas ofsocial benefits-medical care as well assickness, unemployment, old-age,employment injury, family, maternity,invalidity and survivors' benefits 4

remains one of the many ILOConventions not ratified by Pakistan.The Constitution's proclamation (Article38) to provide social security to all is yetto be translated in to reality. The over-whelming majority of the road transportworkers thus remain excluded fromstatutory entitlements and benefitseither through legislative/regulatoryexclusion or poor governance/imple-mentation mechanisms.

Road Transport Workers in Pakistan

Page 5: Road Transport Workers in Pakistan

Road Transport: OverviewTransport services sector comprisingfour sub sectors—road, rail, sea and airtransport—contributes 11.1 percent ofthe GDP5 (excluding manufacture) andemploys 2.4 million labour force or 5.7percent of total labour force6. This studyfocuses on road transport, a sub sector,now almost wholly under private owner-ship and predominantly in the informaleconomy both as regards finance andlabour. Road transport accounts for 91percent of passenger traffic and 96 per-cent of freight traffic.7 The country hasa road network covering 259,758 km8,with around 4.2 million on-road vehicles,and a road density of 0.32 km/sq kmwhich is lower than the average densityof 0.50 km per sq km in developingcountries (Pakistan needs to develop157,115 kms of roads to meet this defi-ciency). The main source of state invest-ment in the transport sector (infrastruc-ture) is the Public Sector DevelopmentProgramme (PDSP). Transport develop-

ment is heavily tilted towards big proj-ects—highways, expressways, bridges.In the 1999-2000 PDSP, 27% of the totalbudget was allocated to transport sectorout of which 88.5% went to the develop-ment of highways and bridges and only7.5% was allocated to rural accessroads9.

With an annual growth rate of sevenpercent for passenger traffic and six per-cent for freight traffic, road transporta-tion is fastest growing sub sector,absorbing a large number of semi-skilledand skilled labour force and generatingmicro/small enterprises. The sector con-tributes to the government revenuesthrough taxes and duties on productionand import of vehicles and parts, petro-leum products and fees on ownershipand operation of vehicles. According toan estimate, only road-related revenuecollection amounts to Rs. 32.5 billion peryear (52% from federal surcharge onPOL products)10.

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GovernanceThere are three ministries responsiblefor four modes of transport—Ministry ofRailways (rail), Ministry ofCommunications (road and sea), and theMinistry of Defence (airways). 'Eachministry formulates its plans independ-ently and they have negligible coordina-tion with each other…11. The need for asingle ministry of transport was identi-fied in the early decades. The PlanningCommission had proposed in 1977 tobring all modes of transport under singleministry.12 At present, the Ministry ofCommunications is responsible at thefederal level for road transportationthrough the National Transport ResearchCentre (research and policy guidelines),the National Highway and MotorwayPolice (implementation of rules regula-tion), and the National Highway

Authority (infrastructure)13.

In Pakistan, development of road trans-port services—inter-, intra-city andcross-boundary freight and passengertraffic—has followed distinct phases. In1947, three large private transport com-panies, subject to controls by the stateauthorities, were operating in the portcity of Karachi, the hub of transportactivity. By 1951 five more private com-panies (with 30-50 vehicle fleets) cameinto being.14 These private companieswere rendered unprofitable and disband-ed in 1956 due to disabling fiscal andregulatory policies. In the late 1950s,transport control and ownership in majorcities was largely taken over by publicauthorities under East and WestPakistan Road Transport Corporationswith municipal undertakings. In 1969,the Motor Vehicle Rules was enacted.

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Micro and small entrepreneurs wereallowed to enter the market with sin-gle/multi-vehicle fleet purchased onloans from informal money lenders orformal financial institutions.

In 1971, regional and provincial trans-port authorities were set up to deviserules and enforce implementation andprovincial transport corporations inSindh, Punjab and NWFP were estab-lished to undertake operation of passen-ger bus services competing with privateoperations. Within a decade all thesethree corporations were running indeficit due to '…lack of entrepreneur-ship…' and other constraints.15 Thedecades of 1980s and 1990s witnessedincreased activity of largely re-regulat-ed, fragmented, informal private sectorentangled in a myriad of issues beset-ting all the stakeholders-transport work-ers, operators/owners, users and regula-tors. Unlike other stakeholders, theimpact of re-regulation and privatizationon road transport workers has been neg-ative as the workers' terms and condi-tions of employment are the main targetof cost-cutting initiatives.

Till today, regulatory and governancemechanisms of road transportation havenot been brought under a unified, centralauthority. Vehicles are registered byprovincial Excise and TaxationDepartments, authority for licenseissuance and renewal lies with provin-cial Home Departments, whilegrant/renewal of route permits and vehi-cle fitness certificates are issued byprovincial Transport Departments thatwork under provincial TransportAuthorities. The provincial TransportAuthorities and Regional Transport

Authorities are responsible for adminis-tration and enforcement of MotorVehicles Ordinance, 1965 & MotorVehicles Rules, 196914 and their func-tions include planning and allocation ofroutes. These Authorities "…assert day-to-day control over inter- and intra-citypassenger transport services which aredominated by the private sector".17

As the provincial/regional transportauthorities plan, devise and enforcerules/legislation independent of eachother and do not function under a unifiedfederal policy-making body, the gover-nance issues are compounded. Also,dealing with several inefficient and cor -rupt bureaucracies poses hardship toworkers/operators.

Road Transport Workers in Pakistan

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Regulatory FrameworkThe Motor Vehicles Act 1939 wasenacted by the British when Karachiwas made the military base (1939-45)during the 2nd World War and necessi-tated regulation of vehicle movement.The British also promulgated the MotorVehicles (Drivers) Ordinance 1942. Afterindependence, the Act was amended in1952 and then in 1965 (Motor VehiclesOrdinance 1965) followed by the enact-ment of the Motor Vehicle Rules 1969.The first Highway Code was introducedon the basis of UN Convention 1968, andthe draft Road Safety Ordinance was for-mulated in 1977. The draft was finalizedand enacted as the National HighwaySafety Ordinance in September 2000 toprovide for safe driving on highways.The Ordinance covers licensing, regis-tration of vehicles, construction, equip-ment and maintenance of vehicles, traf-fic control, offences and penalties. TheOrdinance has several anomalies andneeds revision19. Its implementation isweak and the majority of transportworkers remain uninformed about it.20

Transport PolicyThe need for an integrated nationaltransport policy is being identified sincedecades. The Chartered Institute ofTransport Pakistan (CIT), a private body,drafted a National Integrated TransportPolicy in 1977. The CIT modified andupdated this draft policy in 1998 for theMinistry of Communications21 ‘…butreceived no response whatsoever fromthe Ministry…’.22 In 1999, the WorldBank facilitated public sector consulta-tions under the Transport SectorDevelopment Initiative and the processof developing the '…first integratedtransport sector policy…' began in May2000 and the draft transport policy andstrategy document was prepared by theWorld Bank.23 In October 2004, theAsian Development Bank approved agrant to provide technical assistance tothe Ministry of Communications to for-mulate a comprehensive national trans-port policy. The assistance was to finisharound June 2005.

To date, planning in the transport sectoris being carried out without the '…basisand guidelines provided by a proper

Road Transport Workers in Pakistan

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'Transport Policy'.24 Indicative, medium-term planning and strategies for trans-port laid out in eight 5-year plans till1998 were not implemented. Accordingto the latest plan, termed as MediumTerm Development Framework 2005-10,a '…comprehensive and integratedtransport policy will be developed duringthe MTDF.'25

Road Transport LabourLegislation Road Transport Workers Ordinance,1961, was enacted to regulate the hoursof work and other conditions of employ-ment of road transport workers. TheOrdinance stipulates a break of at leastof 30 minutes after five hours of driving,limits total driving time to 8 hours perday and 48 hours per week, and allowfor at least 24 hours of consecutive restin a week. The Ordinance was amendedin 1974 and the West Pakistan Industrialand Commercial Employment (StandingOrders) Ordinance 1968 was made toapply to every road transport services.The legislation, however, excludestransport workers operating in unregis-tered small and micro enterprises.

Private transport companies with biggerfleet evade these law through variousmechanisms devised in connivance withregulatory authorities. In any case,transport workers, due to literacy andinformation deficits, remain ignorant ofboth national laws and internationalstandards. The ILO Hours of Work andRest Periods (Road Transport)Convention (No. 153), 1979, thatrequires a break after 4 hours of driving,limits total driving time to 9 hours perday and 48 hours per week and recom-mends at least 10 hours of rest in each24-hour period, is not yet ratified byPakistan.

Systems of OperationLiberalization of road transport market inthe 1970s resulted in fragmentation ofthe sector's structure, with majority ofworker-cum-operator entering the sec-tor to secure livelihood with little invest-ment, followed by emergence of individ-ual/joint ownership of small fleet inter-city passenger and freight services. Thebig investors stayed off the market asthey did not envisage public provisionpaying lucrative dividends. In late 1990sprivate sector large companies wereinducted through fiscal incentives. Atpresent the sector has several systemsof operation impacting differently onlabour relations and labour rights.

Many skilled labour are self-employedas owner-cum-drivers (operators) andsemi-skilled as cleaner/conductors ofthe public service vehicle (bus/wagon/mini-bus/loader suzuki/taxi/motor rick-shaw/school van) purchased throughloans from traditional money lenders.The intra-city passenger and freightvehicle ownership falls under this cate-

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gory. At times, a single vehicle is ownedjointly by 2-3 persons (i.e. driver, con-ductor) who pool in money to purchasethe vehicle from the owner/permit hold-er at high interest rate. A single vehicleservice cannot be registered as anestablishment or company. The vehicleis not insured as insurance companiescharge high premium for individuallyowned public transport vehicles due torising incidences of arson and looting.The workers under this arrangement arethe most vulnerable, have no socialsecurity and live under the constant riskof losing their livelihood (in case ofinjuries in accident or damage/loss ofvehicle).

In intra-city transport services (mini-buses, wagons, taxis, rickshaws), par-ticularly in big urban centres, the infor-mal employment contract is based onresidual income principle.26 The workerretains whatever amount is left afterpaying a contractually fixed amount tothe vehicle owner and the gasolinecharges. The worker, thus, has to maxi-mize returns in order to maximize hisincome which results in long workinghours on the roads and disregard ofoccupational health and safety meas-ures.

Labour Force CharacteristicsTransport workers—drivers, conduc-tors, cleaners, helpers—in Pakistan arepredominantly male, with the exceptionof a couple of woman taxi drivers foundin big cities. Women, due to social barri-ers and cultural constraints, refrain fromentering the sector though since late1990s women are being inducted by afew medium-to-large sized passengertransport companies as hostesses or asoffice workers. The review of data of theselect number of transport worker27

indicates that majority belongs to theage group 20 to 45 (for the work is phys-ically-mentally demanding), is literateand semi-skilled or skilled. These char-acteristics are corroborated through anearlier study28 where the bulk of workerswere found to be in the 20-40 year age-group, literate and skilled. The schoolingreported by older cohort (age group 35-50) is limited to 5 to 8 years while theyoung workers (20-35) tend to have 12or more years of education. Family sizevaries from 6 to 20 members (includingdependent extended family members).

Majority of the workers originally belongto rural areas, a trend indicative ofdiminishing livelihood opportunities inrural communities, a decline in agricul-

Road Transport Workers in Pakistan

ILO Road Transport Convention The ILO Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), concernshours of work and rest periods in road transport. It is the only ILO Convention which deals exclu-sively with conditions of work in road transport. The man clauses of the Convention state that:? Every driver is entitled to a break after four hours continuous driving or after five hours

continuous work;? The maximum daily total driving time should not exceed nine hours;? The maximum weekly total driving time should not exceed 48 hours;? The daily rest period must never be less than eight consecutive hours.As of August 2005, only eight ILO member states (Equador, Iraq, Mexico, Spain, Switzerland,Turkey, Uruguay and Venezuela) had ratified the instrument.

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tural and agri-based occupations, andconsequent rural-to-urban migration.Many of the workers appear to enter thetransport sector when their income gen-erating activities—as petty shopkeeper,fruit-seller, tailor, goldsmith, manuallabour, cleaner, mechanic, etc—col-lapse under pressure of contingencies(prolonged illness, death, loss of assets)or market forces in the absence of socialsafety nets. A PILER survey conductedin 2001 showed that 31.5 per cent of therespondent transport workers had beenunemployed in the past 12 months andthe modal period of unemployment wastwo months.29

With the exception of administrativework and financial management, manyof the occupations in road transport sec-tor (i.e. driving, cleaning, assisting pas-sengers, loading/unloading, vehiclemaintenance) do not require higher edu-cation and formal skill formation. Easytransferability of skills (basic drivingskill, vehicle maintenance/repair)acquired on-job (traditional ustaad-sha-gird pattern) is one of the factors thatmake this sector absorb the steady flowof literate (educated up to primary/sec-ondary/higher secondary level), unem-ployed labour force. The sector alsoholds opportunities for self-employmentas the amount of investment required toown a used vehicle, or new light weightvehicle (taxi/rickshaw) can be accessedthrough traditional credit lines, or raisedthrough social support networks (fami-ly/relatives/friends).

The most vulnerable, at the lowest rungof the hierarchy, are those who work ondaily, or per trip, wages as helper, con-ductors and cleaners in long distance

Road Transport Workers in Pakistan

Life on the Road Mustachioed, grim-faced, 44-year-old NajibullahKhan is on the road for the last 29 years. He worksas a driver on long distance route—Karachi toIslamabad. "I get Rs. 1500 per trip. A trip takes 26-27 hours. I make about 6 trips a month and that addsup to Rs. 9000 per month". Born in a village inMusakhel, Mianwali, Najib dropped out of schoolafter class 6 and was pushed into the labour marketas a child. Initially he worked as bus cleaner and

helper. When he got his license at 18, he took to driv-ing. In 1973 he came to live in Karachi where heshares a rented accommodation with another per-son. Najib's family members (parents, wife and 5children) work as sharecropper in the village. Thesedays he is paying a monthly installment of Rs. 1000to the money lender for a loan of Rs. 10,000 he tookto help his family buy agricultural inputs.

"There is one more driver along with me in the bus,and we take turns after 4-5 hours of driving, taking 2-3 hours rest in between. After each trip I am off thebus for 24 hours and busy with maintenance of thevehicles and carry out related errands. I get little timeto spend with my family whom I visit fortnightly".For Najib, there are no holidays, no medical or otherfacilities and no social security.

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freight and passenger transport vehicles.This work force comprises unskilled, illit-erate or barely literate, unemployedyoung men who are being increasinglypushed out of the deprived rural or semi-urban environs in search of livelihood.Roaming at bus addas in small towns andbig cities, they are hired on casual basison site by driver/operators on low wages,treated harshly and often fired on slightpretexts and kicked out of the vehicle onthe highway. Lack of steady employmentposes hindrance to skill formation andtraps the workers in a vicious cycle ofdeprivation. These workers are also dis-criminated against by transport workers'organizations and are denied membershipdue to several factors that include inabili-ty to pool in to membership fund due to

unstable employment/low wages.

The select data indicates that the roadtransport workers do not have womenwage earners in their families, indicativeof either male perception of woman's tra-ditional role—harboured by rural Pakhtuncommunity who dominate road transportsector—or non-reporting of income-gen-erating activities of their women due tosocial construct of honour.

Working ConditionsRoad transport sector is marred withone of the most critical and damagingworking condition—long and irregularworking hours. Often the workers (onthe inter-city routes) are on the vehiclefor as long as 26 hours at a stretch. Thework include not just driving or assistingpassengers, but loading/unloading,training, cleaning and maintenance,work related to ensuring safety of vehi-cle and its cargo and passengers,administrative formalities or work linkedto legal or regulatory (either formal orinformal) obligations. Working time also

Road Transport Workers in Pakistan

Bilateral Commercial Enterprise Initially established as Daewoo Pakistan BusServices in 1997, and now a partnership betweenChaudhry Brothers, Lahore, and Daewoo Korea with49/51 shareholdings, the Sammi Daewoo PakistanExpress Bus Services has a fleet of 150 buses plyingon intercity routes in 15 cities of the provinces ofPunjab and NWFP operated by 2500-3000 employedstaff. "The drivers are paid between Rs. 10,000 to18,000 per month. The company has 400 femalesworking as hostesses, getting between Rs 7,500 toRs. 12,000 per month. Guards are paid Rs. 4,500",tells Naveed Dar, Ticketing Manager, Daewoo BusStand, Lahore. The employees are insured, entitledto leaves and other facilities and are paid bonuses.Drivers are educated on traffic rules and regulationsbut made to pay themselves if they violate trafficrules. "In case of accident, the company pays fullcompensation and medical services". It cannot besaid, however, that workers do not have grievancesand labour rights are ensured. Some of the workersonce tried to form a union but the company firedthem all. Since then, no attempt has been made forunionization.

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includes waiting periods when theworker cannot freely dispose of his timeand needs to be at work-station waitingto be called on duty. On intra-city routesbus workers work on average 14 hoursa day while rickshaw and taxi driversare on the wheels on average 12 hoursa day.30

Transport workers in Pakistan are facedwith hazardous work environment thatinclude worn-out and poorly maintained

vehicles, dilapidated roads, poor trafficmanagement on city routes/highways,lack of traffic signs, road-side facilities,properly designed bus/truck terminals,parking facilities and rest houses. Ill-designed, uncomfortable seats for driv-ers and absence of proper seating areafor conductors/helpers compound thehardship at the mobile workplace.

In addition to poor physical infrastruc-ture of the work environment, roadtransport workers have to deal withthreatening and corrupt regulatory infra-structure and the rising service provi-sion cost. Harassment and extortion of

bhatta by traffic police and check postsofficials are a norm and transport work-ers have to co-opt else devise mecha-nisms for confrontation. Low literacylevel, inadequate skill formation in theabsence of proper training and refreshercourses on traffic rules and regulations,and lack of awareness on labour rightsand legislation, hinder empowermentand render road transport workers vul-nerable.

Occupational Health and SafetyRoad transport workers are faced with anumber of safety issues topped by driv-er fatigue which is considered the maincause of accidents in transport industryaround the world. In Pakistan, a total of9,377 traffic accidents were reported in2002-03. Of them, 4,045 accidents werefatal resulting in the loss of 4,813 humanlives31, including those of drivers andother transport workers. The incidenceof serious injuries in Pakistan is reportedat 41.2 per 1,000 persons per year, traf-fic accidents being the most commoncause. According to a study32, 36% ofthese injuries are transport related. Inthe PILER study on urban transportworkers, 40% of the respondents report-ed work-related injury incidences.

The high figure of traffic accidents isrelated to fatigue and lack of sleep andrest, excessive hours of work, poor roaddesign, and ignorance and violation oftraffic rules and regulations. Stresscaused by harassment of law-enforcingagencies (traffic/highway police, checkposts and custom officials) for extortionof money is a common condition.Aggressive behaviour (verbal or physi-cal assault) and humiliation hurled bypassengers is frequent. In addition, the

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workers run the risk of vandalism, rob-bery, dacoit and vehicle-jacking wherethe consequences (physical injury ordamage/loss of the vehicle) have to beborne by the workers.

Loading and unloading heavy cargoes,transport of hazardous materials andwastes (the nature of which is often notknown to workers) exposure to noise,vibration and pollution, in addition toirregular and low-nutrient meals at roadsides eateries, stress from long workinghours and night driving pose serioushealth risks for many transport workers.Locally manufactured vehicle bodies(truck/bus/mini-bus) usually lack soundtechnical design and specifications.Economizing of space leads to narrowseating and uneven floor with protrudingedges posing hazards toconductors/cleaners/drivers' assistantswhile negotiating the constricting andmobile work-station. Often trucks, con-tainers and long cargo vehicles of tallheight do not have easy climb to the dri-ver's seat. Overloading of cargo and pas-senger is a common phenomenon whichincreases the risk of accidents.

Ergonomic hazards include back andother injuries caused by lifting excessiveweight during loading and unloadingcargo. Poorly designed driving seats thatcannot be adjusted to provide propersupport and long-term comfort, oftenresult in back problems or other muscu-loskeletal damage. Ergonomic injurymay also result from repetitive use ofpoorly placed vehicle controls or gearbox. Exposure to polluted air mayincrease the risks of breathing problemsand lung diseases. In the PILER study,11% of rickshaw-drivers had reported

Road Transport Workers in Pakistan

Vulnerable and Dispossessed Ghulam Sabir, 26 year old, clad in crumpled shalwarqameez, is reclining on a seat in a bus parked at theGeneral Bus Stand on Bund Road, Lahore.Unassuming, frail and shy, he doesn't look like hewields a gun hidden in his shalwar: Sabir works asa gun man on a long route inter-city bus run by asmall company. He gets Rs. 200 per trip and makes15 trips a months pooling a monthly income of Rs.3000 to a household of 15 members with two moremembers (his father and a brother) earning more orless the same amount.

Sabir is a new entrant to transport sector labourforce. Till a few months back he was working, forthe last 12 years, as tailor/embroiderer in his familymicro enterprise. He started as a child worker at theage of 14 after he dropped out from school, studyingup to class 7. "We had five sewing machines. A fewmonths back the shop was gutted with fire causedby an unplugged iron. Whatever little asset we had,were gone up in smoke. In the villages there is noconcept of insurance. In any case, most of smallbusinesses like ours cannot afford insurance.Kalalwala, where I live, is a small village, with noopportunities for employment. My family doesn'town any land. So I left home and boarded the bus forthe city, got down at the adda where I found thisjob." He doubts that with this paltry amount he couldever save money to buy sewing machines and goback to the work he was comfortable with.

Unsure of what future holds for him, Sabir, wholooks tired and lethargic, remains on board for 24hours, followed by 24 hours rest. While on the bus,he takes small naps during the day, cramped in aseat, when the vehicle is passing from safe areas.At night he must keep vigil. "For being a gunman,you don't need any training. There are so manyweapons in villages and cities that every manknows how to use a gun. Luckily, I have not comeacross any bandits on my vehicle. So far, so good",he smiles wearily.

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breathing problems. Drivers are also atrisk of hearing loss caused by prolongedexposure to loud engine noises.

Two major health risks, linked withtransport workers in the country, aredrug addiction and HIV/AIDS. Cargo andpassenger transportation on long-dis-tance inter-city and trans-border routesrequire long working hours and night-time driving hence increased probabilityof pushing workers to take drugs to fightoff sleep and exhaustion. Also, trans-border drug trafficking between Pakistanand Afghanistan make harmful drugseasily accessible to workers. Unofficialestimates and media reports indicatehigh incidence of drug addiction amongroad transport workers.

Though Pakistan has low prevalence ofAcquired Immuno-Deficiency Syndrome(AIDS), the number of AIDS and HIV pos-itive cases is increasing. According toUNICEF estimates of 2005, there are70,000 to 80,000 (or 0.1 percent) HIVpositive people in the country with a 7 to1 male/female ratio. The two categoriesof people most infected with HIV/AIDSare cited to be sex workers and trans-port workers operating on long distanceroutes. As the nature of work keeps theworkers away from their conjugal fami-lies for longer period, the workers, most-ly men, are more prone to avail servicesof sex workers, hence are at higher risk.

Organization/UnionizationThe informal work relations pose a num-ber of barriers to the road transportworkers in organizing/forming unions.Unregistered enterprises and resultantexclusion from labour legislation, clashof interests with big-fleet owners of thesame mode and between heavy andlight vehicle operators, diversity of workforce and modes of operation, plethoraof provincial and federal regulatorymechanisms and constant mobilitymake it difficult for road transport work-ers to organize. Despite numerous con-straints, workers have adopted theexisting traditional indigenous organiza-tional mechanisms to advance theiroccupational interests.

The road transport workers have beenorganizing themselves in to groups sincelate 1970s on the pattern of community-based, non-profit organizations. Theworkers involved with specific modes oftransport (truck, bus, taxi, rickshaw,donkey-carts, etc.) mobilize co-workerslocally around issues confronted in dailywork routine. Dynamic leadership—comprising activists-workers who arewell-informed on governance issues,national and provincial legislation andground realities, have better communi-cations/negotiation skills and network-ing with resource organizations/govern-ment offices—plays an important role inorganizations that have collective bar-gaining status.

Unlike formal sector trade unions, regis-tered with the Labour Department underTrade Unions Act 1926, many roadtransport workers' organizations getthemselves registered with SocialWelfare Department due to relatively

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user-friendly nature of these laws.However, there are several transport work-ers' organizations with larger membershipthat are registered with the Registrar TradeUnions under IRO 1969 and have obtainedthe status of collective bargaining agent.The IRO 2002 has taken away this right ofassociation from general workers whowork in the informal sector. Hence trans-port workers cannot form country-widetransport workers’ trade unions.Fortunately, the trade unions registeredearlier under IRO 1969 are entitled to func-tion as previously.

Though the transport workers' networks,

or associations, are membership-based,they vary in size, longevity, institutionality,and the degree of success. The activeassociations are those that adhere to theconstitution, hold regular elections, stickto their objectives, interact with other civilsociety organizations and learn strategictactics to deal and dialogue with otherstakeholders. By 2005, all major, and mostof the intermediary, cities have had each anumber of transport workers' associationsor unions. In the city of Karachi there arenumerous informal sector associations inthe transport sector, representing informaltransport workers/operators, who "…notonly act as a powerful bargaining force butin case of riots in the city, they can usetheir 'muscle' to defend their interests".34

The unions/federations with larger mem-bership have recognition and credibilityand their office bearers are invited by rele-vant state departments for dialogue andconsultation.

The reasons for low membership includelack of mobilization skills, informationdeficits (on labour rights, regulatory frame-work, organizational strategies) and thepresence of divisive tendencies amongworkers leading to emergence of severalweak—instead of single strong—vehicle-mode organizations/unions.35 Another fac-tor is the inherent complexity of transportsector labour force which is a mix of hiredlabour, self-employed labour or owner-operators, hence clash of interests, bothperceived and real. Though transport own-ers' associations exist separately, thereare many organizations and unions whorepresent both wage workers and owner-operators/micro entrepreneurs. Owner-operators, in such unions, tend to domi-nate the leadership and hence organiza-tional politics.

Road Transport Workers in Pakistan

Informal Fiscal Arrangments Umar Hyat, in his early forties, is owner-driver of a busplying on Karachi-Hyderabad route. He left his hometown in Mian Chunno, in 1978 after he finished class10 and secured work as a bus conductor. He took todriving in 1980. In early 1990s he was able to raisesome money through the help of his father and boughta second-hand vehicle. Umar pays Rs. 1500 permonth commission to an established bus servicecompany to operate his vehicle under its name. "Theylet me use their office facilities and the bus addas forembarkation and disembarkation of passengers. Theyalso help me deal with police and other officials. But Ihave to bear all the costs that incur in such cases. Itis just the company's clout that helps me settle thingsquickly".

"After paying Rs. 800-900 bhatta to various checkposts, monthly commission to the company, vehicle'smaintenance cost and the other driver and conductor'ssalaries and food, I am left with around Rs. 12,000 permonth", he states. "I can't take days off work. If I do,where will my family of six members get our nextmeal from? The only advantage of owning the vehicleis that nobody can kick me out of work. As long as thebus is there, and I am hail and hearty, I will keep driv-ing and earning".

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The Workers' Collective Care ArrangementsReview of the work of select transportworkers organizations indicates thatmembership-based unions/federationshave evolved certain collective carearrangements in response to threateningand insecure work conditions. The prior-ity issue for transport workers has beensecuring protection against abuse ofpower by regulatory personnel. Asprevalent attitude and practice of law-enforcing agencies adversely impingeupon transport workers' already precari-ous livelihood, the workers have comeup with collective, informal arrange-ments that serve as bulwark againstmisuse of power by other stakeholderand keep the damage at bay.

An important tool used by strongertransport unions is their officiallyacknowledged identity as union mem-bers. The registered unions issue mem-bership cards, on the pattern of nation-al identity cards, which contains theworker's picture, his name, full name ofthe union/organization, its registrationnumber and the secretariat address.This card comes handy when the mem-ber is approached (for harassment) bylaw-enforcing agencies. "As soon asour member shows this card, the policerefrain from excesses".36 The recogni-tion of this particular unions' federationhas been made possible due to itsstrength in number and the politicalclout/pressure exerted by its key officebearers whose activism (i.e. network-ing with administrative bodies) of 26-long years have borne fruit. The otherstrategy, as reported by PakistanTransport Workers' Federation, is con-frontation and tit-for-tat or 'rule of thejungle' that is, using harassment and

Road Transport Workers in Pakistan

Rickshaw Drivers' Association:The BeginningMohammad Yusuf Khan, 29, works for 12 hours onstretch, is one of the three earners in a family of eight.He studied up to class 8 and after a few years' of oddjobs, he took to rickshaw driving in 1996. "After pay-ing commission to the owner, I was left with a mea-ger amount of Rs. 1500 - 2000 per month. So in 2003

I took a loan of Rs. 50,000 from the money lender andbought a rickshw. I pay him a monthly installment ofRs. 3000 out of Rs. 6000 that I earn in a month, whichis inadequate but at least now I own the rickshaw andonce the loan is paid off, my take-home earnings willenhance". Yusuf has no social security coverage andonce when he suffered an accident, he paid for hospi -talization through support from his family member andpartly from a small loan from a friend. He finds theattitude of traffic police harsh and humiliating thoughhe pays them a total of Rs. 500 per month as bhatta.

The only silver lining for Yusuf is his participation in arecent initiative—Muslim Youth TransportFederation—a yet-to-be-registered organisationformed by young and educated rickshaw drivers inMuslimpura, a small town near Baghbanpura, Lahore."At present we have 64 members. We are trying toexpand our membership. There must be at least 200members to have real impact, both in terms of fundraising, and in dealing with police harassment. Still,we support each other in times of crises through pool-ing in whatever individual resources we do have".

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committing excesses on the opponentsin retaliation (see Box).

Next, the membership-based unionsgive priority to minimum security intimes of crisis in the life of the worker toprevent his, and his household's slidingdown the poverty line. Mostly it is doneto address work-related contingenciesthat arise due to traffic accidents result-ing in injuries, prolonged hospitalizationor death of the worker. Transport work-ers organizations, whether narrow orbroad-based, help their members insuch crises. This is done either throughvoluntary pooling in money from person-

al resources and extending it to theaffected worker's family (as aid or loanwithout interest), or utilizing the unionwelfare fund.

The union welfare fund is maintainedthrough mandatory financial contribu-tions of the members. The amount ofthese welfare funds varies from Rs.30,000 (Mini-Taxi Workers' Union) to Rs.700,000 (Pakistan Transport Workers'Federation). Union membership fee iskept affordable and its collection logisti-cally viable. The collection methods varyfrom organization to organization. Somecollect monthly fee ranging from Rs. 10

Road Transport Workers in Pakistan

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to 20, other unions/organization chargemonthly collection per vehicle as well,that is, if an operator owns two or threevehicles, he pays accordingly. The link -ages established by office bearers withrelated resource persons (doctors,lawyers, councilors/politicians, media,NGOs) facilitate the organizations toachieve objectives of collective carearrangements (legal help, medical care,advise on regulatory procedures, newscoverage).

Due to deficits in administrative, mana-gerial and strategic skills among mem-bers, these arrangements, however,remain informal, carried out on ad-hoc

basis and are dependant on several vari-ables (i.e. involvement of the union incourt procedures and subsequent dryingup of the funds, inability of members attimes to pay dues, good-will of officebearers).

Some of the activists-office bearers, oflarger transport unions/federations, havebeen lobbying with government officialsto bring about the required legislativechange to include transport workers asbonafide beneficiaries of state socialsecurity institutions. Legislativechanges in the state-run social securityschemes to include informal/causalworkers have been recommended earli-

Road Transport Workers in Pakistan

The Union and the Law Enforcing Personnel The Mini-Taxi Workers' Union, Hyderabad, was formed by taxi drivers in 1977. The Union has 600members, is registered with the Labour Department and has a Collective Bargaining Agent sta-tus. In Hyderabad city there are around 650 mini-taxis. "We banded together to address theissues we are facing and foremost is lack of social security. There are contingencies—trafficaccidents, damage or loss of vehicle, prolonged illness, police cases—that can threaten ourlivelihood. We do not have either personal or vehicle insurance. Most of us earn barely enoughto survive—around Rs. 3000 if you don't own the taxi, or around Rs. 6000 if you own the taxi.On average, each of us has 6 to 8 dependents. The other serious issue is of harassment by traf-fic police and other law enforcing agencies that we face daily. It was to counter these problemsthat about 100 of taxi drivers got together and registered the union. Gradually our membershipincreased.

"We started from a membership fee of 50 paisa (Rs. 0.50) per day. We now collect Rs. 3 per dayfrom the members. The Union has a rented office and three paid office bearers who provide roundthe clock services to taxi drivers in need of guidance on documentation and other work-relatedlegal procedures. After taking care of the salaries and office expenses, we are left with a fund ofRs. 20,000 to 30,000. Through this fund we help our members tide over contingencies. TheUnions give from 50 percent to 100 percent of the expenses incurred during a contingency. Theamount given to the member varies from case to case".

"The Union handles approximately 1000 requests annually for financial help. Hyderabad is a con-gested city with narrow lanes and chaotic traffic. Minor accidents are very common whichnonetheless cause damage to the vehicle or lead to involvement of law enforcing agencies andcourt procedures".

Rao Saghir Ahmad, Mini-Taxi Workers' Union, Hyderabad

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er in several evaluations. Self-registra-tion, or self-declaration by worker rec-ommended in a recent study,37 establish-ment of a central, unified institution foruniversal coverage, and improved com-pliance through monitoring are essentialingredients of a universal labour protec-tion system. A universal insurance sys-tem for transport workers could beevolved with premium paid as part ofvehicle and driver licensing and petrole-um products taxes.

The single crucial element of workable

Road Transport Workers in Pakistan

Pakistan Transport Workers'FederationThe Federation, with a membership of around8000 transport workers from the provinces ofPunjab and NWFP, is an alliance of fiveunions—All Pakistan Goods TransportWorkers' Union, Mini Goods TransportWorkers' Union, Pakistan Civil TransportWorkers' Union, Wagon Drivers' Union and theRickshaw Drivers' Union. Founded in 1981, theFederation was the outcome of an initiativeundertaken by the office bearers of All Pakistan

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Goods Transport Workers' Union, which has thelargest membership, to bring transport workers ona single platform. The objectives were to provideprotection to transport workers, push for improve-ment in working conditions and enable access torights, particularly of social security.

"We began mobilization from the city of Lahore,then went to Okara and later expanded our mem-bership and the network to other cities of the twoprovinces", says Mohammad Rafiq Qureshi, presi-dent of the Federation. "Our immediate concernwas to tackle excesses suffered at the hands ofregulatory bodies, particularly the collection ofbhatta by various personnel. It took us severalyears to tackle the issue. Not only have the law-enforcing personnel stopped harassing our mem-bers, they seek Federation's partnership in theirprogrammes", says Mohammad Rafiq Qureshi,president of the Federation. The Federation mem-bership card has the credibility and clout that letlaw-enforcing personnel refrain from committingexcesses. One of the tactics used by theFederation is tit-for-tat, or brute confrontation: "If apolice/excise personnel ask for bhatta/bribe, ourmember calls us for help. One of the office bearersreach on the spot and asks the official to give usthe bhatta instead, threatening to report the cor-rupt practice immediately to his superior." TheFederation's office bearer states that in such a waythey have, at times, extorted twice as muchamount from the law-enforcing personnel them-selves.

At the moment the Federation has 40 support cen-tres in 40 districts. Manned by a team of two andheaded by an office bearer designated as districtchairman, each centre provides legal guidance andsupport to transport workers who get embroiled into regulatory problems, such as traffic/highwaypolice harassment, traffic violation or other suchcases. "A driver, or a transport worker, who gets

into trouble on the way, does not know the locationof relevant offices in an unfamiliar town. He callsthe district chairman who then guides him throughthe labyrinthine bureaucratic procedures." Themember are helped financially through theFederation fund in legal cases but those who com-mit traffic violations have to pay through their ownpockets. The Federation has on its agenda educa-tion of its member on traffic rules and regulationsand it regularly arranges, in partnership withmotorway police and traffic management authori-ties, for training and refresher courses in a premis-es accessed by the Federation for this purpose.

The other important element in the Federation'scollective care arrangements is the financial sup-port that the Federation extends to its members intimes of crises such as illness, injury, death. Thefederation established its fund in 1990 and main-tains an amount of Rs. 500,000 to Rs. 700,000 inits kitty to take care of administrative and mana-gerial cost and support its members during contin-gencies. The Federation initiated life-long stipendscheme to survivor's family in 1995 when a widowof a truck driver wrote a letter asking theFederation for help. The Federation asked her tosubmit relevant documents testifying that her hus-band was a driver. She has, since then, beenreceiving Rs. 1000 per month. After three years,the woman again approached for support for herdaughter's wedding. The Federation sent her Rs.5000. In 1999, the Federation extended a monthlystipend to a driver who was incapacitated after anaccident and Rs. 1000 per month to the family of amurdered driver. These workers were not themembers of the Federation.

The Federation's office bearers have held severalmeetings with state officials on the issue of socialsecurity and are campaigning for inclusion oftransport sector workers in state-sponsored socialsecurity schemes.

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collective care arrangements is numeri-cal strength which endows collectivestruggle with political impact and turnsmandatory financial contributions into ameaningful asset. Road transport work-ers do realize the importance of strengthin number but are not able to mobilizeworkers and expand membership due toseveral constraints. Resourceful civilsociety institutions need to strengthenthe existing organizations/unions andfacilitate formation of sector-based larg-er unions through merger of splinteredvehicle-mode based self-help groupsand small organizations.

Road Transport Workers in Pakistan

All Sindh Private Bus TransportWorkers UnionAll Sindh Private Bus Transport Workers Unionrepresents workers-drivers, conductors-employed in eight private transport companiesoperating on inter-city routes in the province.The Union was registered as a trade union withthe office of the Registrar of Trade Unions,Directorate of Labour, Government of Sindh,under IRO 1969, in October 2000. Registrationtook place after arduous struggle by the work-ers for one year. "We formed the union in 1999after many years of witnessing hardship andsufferings of workers-maltreatment andexploitation by owners, harassment and extor-tion by officials, lack of security and helpless-ness in times of crises", tells Sher Nawab Khan,general secretary of the Union, near the make-shift office comprising a charpoy under a shadyNeem tree at the open space flanking theSuperhighway where he was advising a bunchof anxious looking drivers and conductors of abus company who have not received wages forthe last three months.

"Some of us who had been driving for years gottogether, discussed the situation and realisedthat the only way out could be the formation ofa union. But we knew what had happened tothe employees of Shalimar Bus Services whodared to register a union. The owners maltreat-ed them and forced them to give in writing thatthey would never unionize again.

"We decided to form a collective union of theworkers of several bus companies andapproached the Registrar. The Registrar askedus to bring consent of the owners of the com-panies. We told him they would not give us thepermission. The Registrar then sent his inspec-tor to the Taj Complex, M.A. Jinnah Road, toverify existence of these companies through

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their offices. Meanwhile, we also approached the AllPakistan Trade Unions Federation who guided usand facilitated the process of registration.

"We set up our office near Toll Plaza, Gadap Chowk,Superhighway as this is a convenient place for ourmembers to contact us and pay union membershipfee. The Union collects one-time Rs. 120 registrationfee and Rs. 20 per month membership fee. We have480 members and the monthly Union fund totals to

Rs. 40,000 to 45,000 that take care of monthlysalaries of the four office bearers, office rent, etc.,and cater to members' needs during contingencies.At times we get short of funds, particularly when weare handling cases and court procedures, and haveto raise emergency funds."

The strength in number has empowered the Union toconfront unlawful tactics of law-enforcing agencies.In March 2005 when the Union refused to pay bhat-ta to the police station and highway toll office per-sonnel, the Union's office was raided and sealed.The Union registered complaint against harassment

with higher police officials and submitted a petitionto the High Court Sindh, Karachi. The Court directedthe police department not disrupt lawful activities ofthe Union office bearers. In an earlier similar, pur-sued by the Union againts Motorway Police, theHigh Court Hyderabad had given verdict in favour ofthe Union.

"Traffic accidents, and at times illnesses, requirelong term and costly treatment which transport

workers cannot afford. In such cases, the membersare supported fully through the Union fund. TheUnion has friends in Baqai Medical UniversityHospital (near Toll Plaza, Super Highway) who admitthe patients referred by us. The Union does not paycash to the affected member but foots the bills andgives a monthly stipend to the family for householdexpenses during the worker's hospitalization andresultant loss of wages. In cases of fatal accidents,the Union puts pressure on the owner of the compa-ny to pay compensation of Rs. 200,000 to the sur-vivors of the affected family. The Union itself cannotpay such a big amount."

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1Drèze, J. and Sen, A. 1991. "Public action for social security: Foundations and strategy", in E. Ahmad, J. Drèze, J. Hillsand A. Sen (eds.): Social security in developing countries (Oxford, Clarendon Press). 2as proclaimed in the ILO 1998 Declaration on Fundamental Principles and Rights at Work.3Economic Security for a Better World , 2004, ILO.4Decent Work and the Informal Economy, International Labour Conference, 90th Session 2002, Report VI, ILO, Geneva.5Pakistan Economic Survey 2004-05, Government of Pakistan, Finance Division, Islamabad.6Pakistan Labour Force Survey 2003-04.7Medium Term Development Framework 2005-10, Planning Commission, Government of Pakistan, May 2005.8Ibid.9Perspective of Civil Society on the Transport Sector in Pakistan, Summary Report Vol.I, Jan 24-25, 2000, The World Bank.10Ibid.11Roads and Road Transport, Transport Sector Developement Initiative Report, May 2002.12Re-organization of Administrative Control of Transport, National Transport Research Centre, Planning Commission, GoP,October 1977.13http://www.pakistan.gov.pk/ministries/MinDep14Aquila Ismail (Ed.), Transport, URC Karachi Series, City Press, Karachi, 2002.15The Study on National Transport Plan in the Islamic Republic of Pakistan, Draft Final Report Vo.II, November 1994, PacificConsultants International.16www.punjab.gov.pk/terms.htm17Medium-Term Development Framework 2005-10, Planning Commission, GoP May 2005.18Implementation of Highway Safety Ordinance 2000, UNDP/EnerconFuel Efficiency in Road Transport Sector Report, July2002.19Implementation of National Highway Safety Ordinance 2000, UNDP/ENERCON Report July 200220Ibid.21National Transport Policy, Chartered Institute of Transport Pakistan, October 1998.23Transport Sector Development Initiative (PO68857), Concept Note (draft 5/21/00).24Policy Paper on Transport, dated 01.02.2000 (official document released by NTRC, Ministry of Communication throughletter No. NTRC-2(2)/99, dated 9-05-2000.)25Medium Term Development Framework 2005-10, Planning Commission, GoP, May 200526Asad Sayeed and Sohail Javed, Work Security Issues Among Urban Transport Workers in Pakistan , 200127Data gathered on 40 participants of the National Convention of Transport Workers held at PILER Centre, Karachi. 28Asad Sayeed and Sohail Javed, People's Security Survey, August 2001, Pakistan Institute of Labour Research andEducation, Karachi.29Asad Saeed and Sohail Javed, The Pakistan People's Security Survery, 2001 , PILER, Karachi.30Ibid.32Sania Nishtar, Road Traffic Injuries-Integrating Injuries into Non-communicable Disease Prevention: A Case Study fromPakistan, Journal of the College of Physicians and Surgeons of Pakistan, Vol 14, Dec. 2004.33Asad Saeed and Sohail Javed, The Pakistan People's Security Survery 2001, PILER Karachi.34 M. Sohail, (ed.), Urban Public Transport and sustainable livelihoods for the poor: A case study: Karachi, Pakistan, 2000,WEDC, Loughborough University.35 A recent initiative is the emergence of All Pakistan Transport Workers' Union, facilitated by PILER.37Dr. Ercelawn, A., Realising Universal Labour Rights: Labour Standards for Small Enterprises in Pakistan, a PILER study forILO, 2005.

Road Transport Workers in Pakistan

References