Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Pakistan (Ratification: 2006)

The Committee notes the Government’s first report. It draws the Government’s attention to the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that in 1994, the Government signed a Memorandum of Understanding (MOU) with the ILO–IPEC aimed at the elimination of child labour and its worst forms. Under the MOU, about 50 action programmes were initiated targeting mainly the soccer ball industry (Sailkot), the carpet manufacturing industry (Gujranwala, Lahore), street children (Peshawar) and the surgical instruments industries (Sialkot). The Committee notes that approximately 25,000 children benefited from the above action programmes. It notes that in 2003, the ILO–IPEC launched a four-year project to support the National Time-bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. The project initiated ten action programmes to combat child labour in six hazardous sectors, such as the glass-bangle industry, surgical instruments manufacturing industry, tanneries, coalmining, scavenging/rag-picking and deep-sea fishing industry. Under these projects, a total of 11,800 children were provided with vocational training and health care. It also notes the following ILO–IPEC projects on child labour in the country:

–           Two-year projects entitled, “Activating media to combat worst forms of child labour 2006–09”, and “Media products on child labour for radio 2007” were initiated to raise public awareness and motivate the general masses to take affirmative action against child labour.

–           National project on the rehabilitation of child labour was expanded. The number of rehabilitation centres for child labourers were increased from 83 in 2004 to 151 in 2007. These centres provided free education, vocational training, clothing, footwear and stipend to former child workers between five and 14 years of age. At present 15,045 students are benefiting from primary education in these centres and 4,467 are admitted to government schools for further education.

–           Combating Child Labour through Education and Training in the North West Frontier Province, Phase III (2009–11) which aims at strengthening the child labour unit in the Ministry of Labour, and developing a child labour monitoring and referral system.

–           Child domestic work project: basic enabling education programme (non-formal) was implemented from 2005 to 2006, targeting 1,000 child domestic workers to be withdrawn and placed in a 12-month basic education enabling programme;

–           “Elimination of worst forms of child labour from the glass-bangle industry in Hyderabad district (2005–08)” and “Elimination of worst forms of child labour from tannery industries in Kasur district (2005)” was implemented to address the issue of child labour in these sectors.

–           “Combating hazardous child labour in the TBP-selected sectors through the promotion of occupational safety and health awareness” was implemented from 2007 to 2008 to promote actions to prevent, reduce, remove and avoid safety and health hazards and risks and the harmful effects of work on children. Some three hundred children in the glass-bangle industry were provided with vocational training, and 4,750 children received health care while 50 children in the tanneries were provided with vocational training and 250 received health care.

–           The ILO–IPEC earthquake project entitled “Pakistan earthquake – Child labour response” was implemented in 2006 for a period of three years which at the national level, aimed at mainstreaming child labour issues into the Government’s recovery and reconstruction policy and programmes, while at the district and community levels the key strategies were capacity building and direct action. The project targeted a total of 2,500 children engaged in child labour prior to the project, children who continued in child labour post earthquake and children at risk of being engaged in child labour.

The Committee notes the Government’s statement that a National Time‑bound Programme (TBP) for the Elimination of the Worst Forms of Child Labour 2008–2016 has been drafted in consultation with the stakeholders. It further notes the Government’s information that a National Policy and Plan of Action to Combat Child Labour has been launched in 2000 which provides for: progressive elimination of child labour from all economic sectors; immediate withdrawal of children from the worst forms of child labour; preventing entry of under-aged children into the labour market through universalization of primary education and family empowerment; and rehabilitation of working children through non-formal education, pre-vocational training and skill development. The Committee notes, however, that in its direct request 2005, under Convention No. 182, the Committee had noted the information provided by the International Confederation of Free Trade Unions (ICFTU) that no funds were allocated for the National Policy and Plan of Action to Combat Child Labour. The Committee requests the Government to provide information on the impact of the abovementioned projects, including the number of children who were effectively prevented or withdrawn from child labour and its worst forms. It also requests the Government to indicate whether the necessary funds were allocated to the National Policy and Plan of Action to Combat Child Labour and to provide information on the concrete measures taken to eliminate child labour under this plan, as well as the TBP 2008–2016, and the results achieved.

Article 2, paragraph 2. Minimum age for admission to employment or work. The Committee notes that at the time of ratification, Pakistan specified 14 years as the applicable minimum age. Accordingly, it notes that, by virtue of sections 2 and 3 of the Employment of Children Act 1991, no child below the age of 14 years shall be employed or permitted to work in any of the occupations and processes listed in Part I and Part II of the Schedule of the Employment of Children Act which provides a detailed list of (six occupations and 14 processes) the types of work prohibited to children. The Committee further notes that a draft Employment and Service Conditions Act 2009 has been elaborated, which, once adopted, will repeal the Employment of Children Act 1991. According to section 16(a) of the draft Employment and Service Conditions Act 2009, the employment of a child who has not attained 14 years of age is prohibited.

Article 2, paragraph 3. Compulsory education.  The Committee notes that according to the information provided by the Government in its report to the Committee on the Rights of the Child of 19 March 2009 (CRC/C/PAK/3-4, paragraph 361), three of the four provinces, Federally Administered Areas (Punjab, North-western Frontier Province and Sindh) and the Islamabad Capital Territory have compulsory primary education laws. It notes that the Islamabad Capital Territory Compulsory Primary Education Ordinance 2001, and the Punjab Compulsory Primary Education Act 1994, provide that parents shall cause their children to attend primary school until the completion of their primary education. The Committee observes that as per the definitions provided under the above laws, a “child” means any child whose age at the beginning of the school year is not less than five years and not more than ten years, and “primary education” means education pertaining to all or any of the classes I to V. In principle, primary-school enrolment may take place at any age between five and ten years and hence there is no precise age of completion of compulsory education. Hence, compulsory education may finish between the ages of 10 and 14, the latter being the minimum age specified by the Government. The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, Sixth Session, Geneva, 1981, paragraph 140).

The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that article 11(3) of the Constitution states that “no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment”. It also notes that sections 2 and 3 of the Employment of Children Act of 1991 provide that children under 14 years of age shall not be employed in the occupations listed in Parts I and II of the Schedule of the Employment of Children Act which provide a detailed list of the types of work that children under 14 years of age shall not perform. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. It further notes that night work between 7 p.m. and 8 a.m. is prohibited for children under 14 years of age under section 7 of the Employment of Children Act of 1991. The Committee observes that the above provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. The Committee notes, however, that according to section 16(c) of the draft Employment and Service Conditions Act 2009, the employment of a young person (defined as a person who has completed his 14th year but has not completed 18th year of age) in any of the occupations and processes listed in Parts I and II of the Schedule is prohibited. Part I of the Schedule contains four occupations and Part II contains 39 processes prohibited to children under 18 years. The Committee urges the Government to take the necessary measures to ensure that the draft Employment and Service Conditions Act 2009 is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee reminds the Government that Article 3(3) of the Convention authorizes, under strict conditions, respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes that section 3 of the Employment of Children Act 1991, excludes from its scope work in family establishments. It also notes that section 16(c) of the draft Employment and Service Conditions Act 2009, contains a similar provision of excluding family enterprises from its scope. The Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4(2) each Member which ratifies the Convention shall list in its first report, which it is bound to submit under article 22 of the Constitution of the International Labour Organization, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that section 3 of the Employment of Children Act 1991, allows exemptions to work done by children of not less than 14 years of age in schools established, assisted or recognized by the Government. It notes the Government’s reference to sections 7 and 13 of the Employment of Children Act 1991, which prescribes the number of hours of work and rules for the health and safety of children employed or permitted to work in any establishment or class of establishments. According to subsections (2) and (3) of section 7 of the Employment of Children Act, 1991, no child shall work for more than three hours before he has an interval of at least one hour for rest, and the work shall not exceed seven hours a day, inclusive of rest period. The Committee observes that section 7 of the Employment of Children Act 1991, refers to a “child” defined as a person younger than 14 years under section 2, and does not directly relate to vocational education and apprenticeships. The Committee notes, however, that according to section 8 of the draft Employment Conditions and Services Act 2009, the provisions prescribing the hours of work refer to “young person” defined as a person who has completed 14 years but has not completed 18 years of age. The Committee requests the Government to indicate whether the conditions and rules laid down under sections 7 and 13 of the Employment of Children Act 1991, apply to children and young persons working in vocational schools and training institutions. It also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships and on the conditions of their work.

Article 7. Light work. The Committee notes the Government’s information that there are no legal provisions allowing for light work for children of 12 to 14 years. It notes, however, that according to the statistical data of the ILO (based on the National Child Labour Survey conducted in 1996 by the Federal Bureau of Statistics) in Pakistan about 3.3 million children between the ages of five and 14 are economically active. In this regard, the Committee recalls that, by virtue of Article 7(1) and (4) of the Convention, national legislation may permit the employment of persons of 12 to 14 years of age on light work provided that such work is not likely to be harmful to their health or development, and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under the terms of Article7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such work may be undertaken. Consequently, the Committee requests the Government to indicate the measures taken or envisaged with regard to the provisions determining what constitutes light work and the conditions under which such employment or work may be carried out by young people aged between 12 and 14.

Article 9, paragraph 1. Penalties. The Committee notes that, as per section 14 of the Employment of Children Act 1991, whoever employs any child or permits any child to work, in contravention of the provisions of section 3, shall be punishable with imprisonment for a maximum term of one year, or with a fine of not exceeding 20,000 rupees or both. The Committee requests the Government to provide information on the application of this penalty in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information that, by virtue of section 11 of the Employment of Children Act 1991, every employer shall maintain a register in respect of children employed or permitted to work in any establishment, indicating their name, date of birth, nature of work and hours and periods of work. It also notes that Rule 5 of the Employment of Children Rules 1995 prescribes the form of the register, and requires that the information be kept for three years and the register be always kept available for the labour inspector.

Part III of the report form. Labour inspectorate. The Committee notes that section 17 of the Employment of Children Act 1991 provides for the appointment of labour inspectors for the purpose of securing compliance with the provisions of this Act. According to section 9 of the Employment of Children Act 1991, any employer who employs a child or permits a child to work in any establishment shall, within 30 days from the date of commencement of such work, send a notice to the labour inspector indicating the name and address of the establishment, the name of the person in actual management of the establishment, and the nature of the occupations carried out in the establishment. The Committee notes the Government’s information that the labour inspectorates of the provincial governments carry out inspections to ensure observance of laws at the workplace, and if any violations are detected these inspectors are authorized to lodge cases against the employers in the court of competent jurisdiction. The Committee notes the statistical information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), on inspections carried out during the period 2005–07 regarding compliance with the Employment of Children Act 1991. According to this data, in 2005, 49,547 inspections were carried out which resulted in 24,000 penalties and 167 convictions; in 2006, 9,286 inspections were carried out which resulted in 6,300 penalties and 81 convictions; and in 2007, 322 inspections were carried out, which resulted in 1,637 cases still pending before the courts. The Committee requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspectorate, particularly in the informal sector. It also requests the Government to continue to provide information on the labour inspections carried out and the results of the findings.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the National Child Labour Survey, conducted in 1996 by the Federal Bureau of Statistics, about 3.3 million children (73 per cent boys and 27 per cent girls) aged between 5–14 years were economically active on a full-time basis. Children’s contribution to work in rural areas was about eight times greater than in urban areas. Rural children were mostly found engaged in the agricultural sector (74 per cent) whereas in urban areas, most working children (31 per cent) were engaged in the manufacturing sector. A considerable proportion of working children in the 5–14 age group (46 per cent) worked 35 hours per week, while 13 per cent worked for 56 hours or more per week. While noting the Government’s efforts to combat child labour, the Committee must express its concern over the number of children under the age of 14 years who are compelled to work, and therefore strongly encourages the Government to redouble its efforts to progressively improve the situation of child labour in the country. It requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.