Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that a national Time bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16 had been drafted in consultation with the stakeholders. It also noted the implementation of several ILO–IPEC projects, including projects entitled “Activating media to combat worst forms of child labour 2006–09” and “Pakistan earthquake – Child labour response”, in addition to the expansion of the national project for the rehabilitation of child labourers. It requested the Government to provide information on the impact of these projects.

The Committee noted the information in the Government’s report that the ILO–IPEC project entitled “Combating abusive child labour II” has been launched. The objective of this project is the elimination of child labour, and two districts have been selected to pilot the project. The main activities of the project include: (i) establishing the Federal Child Labour Unit, and Provincial Child Labour Units, to increase institutional capacity to monitor the implementation of the national child labour programme; (ii) the creation of provincial and district coordination committees on child labour; (iii) withdrawing and rehabilitating child labourers in the districts of implementation; and (iv) sensitizing the community to child labour issues. The Committee also noted the ILO–IPEC information that the project “Activating media to combat worst forms of child labour” has been extended until the end of 2010.

The Committee further noted the information from the ILO–IPEC Technical Progress Report (TPR) of 10 March 2010 for the project entitled “Pakistan earthquake: Child labour response project” that 3,626 children were enrolled in rehabilitation centres through the project, and 632 children received vocational training. This TPR also indicated that between September 2009 and March 2010, ten seminars on child labour were conducted in target union councils. Participants included workers, employers and target community members (particularly the family members of working children). Over 700 individuals participated in these seminars organized in 24 rehabilitation centres of seven union councils (Kaghan, Mohandri, Kewai, Balakot, Ghanool, Shohal Mazullah and Garhi Habib Ullah). The TPR indicated that the project has contributed substantially to sensitizing the local communities on child labour issues. The Committee takes due note of this information, and requests the Government to continue to provide information on the concrete measures taken pursuant to the “Combating abusive child labour II” project, the “Activating media to combat worst forms of child labour” project and the “Pakistan earthquake – Child labour response” project. It also requests the Government to provide information on the status of the implementation of the national TBP 2008–16. Finally, it requests the Government to provide information on the impact of these initiatives, including the number of children reached through these programmes.

Article 2(2). Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Pakistan specified 14 years as the applicable minimum age. The Committee also noted that a draft Employment and Service Conditions Act 2009 had been elaborated and that pursuant to section 16(a) of this draft Act, the employment of a child who has not attained 14 years of age is prohibited.

The Committee noted an absence of information in the Government’s report with regard to progress made towards the adoption of the draft Employment and Service Conditions Act 2009. The Committee requests the Government to take the necessary measures to ensure that the draft Employment and Service Conditions Act 2009, which prohibits the employment of a child below 14 years of age, is adopted in the near future and to provide a copy once adopted.

Article 2(3). Age of completion of compulsory education. The Committee previously noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC) of 19 March 2009 (CRC/C/PAK/3 4, paragraph 361) that three of the four provinces, Federally Administered Areas (Punjab, North-West Frontier Province and Sindh) and the Islamabad Capital Territory have compulsory primary education laws. It also noted that the Islamabad Capital Territory Compulsory Primary Education Ordinance 2001, and the Punjab Compulsory Primary Education Act 1994, provide that parents shall ensure that their children attend primary school until the completion of their primary education. However, the Committee observed that, due to the definitions of “primary education” and “child”, compulsory education could finish between the ages of 10–14. The Committee underlined the desirability of ensuring compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), and encouraged the Government to take measures in that regard.

The Committee noted an absence of information on this point in the Government’s report. However, the Committee noted that the CRC, in its concluding observation of 19 October 2009, expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The CRC further expressed concern that nearly 7 million of the estimated 19 million primary school-age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3–4, paragraph 78). The Committee expressed its deep concern at the significant number of children under the minimum age who are not attending school. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment (of 14 years), and to ensure that, in practice, children are attending school. In this regard, it requests the Government to provide information on the measures taken to increase school enrolment rates and reduce school drop-out rates, and on the results achieved.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. 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. The Committee observed that these 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. However, the Committee noted that section 16(c) of the draft Employment and Service Conditions Act 2009 prohibited the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes). The Committee urged the Government to take the necessary measures to ensure that this draft legislation was adopted.

The Committee noted the information in the Government’s report that the Road Transport Workers Ordinance prohibits the employment of persons under 18 in road transport work. The Committee also noted that the Shops and Establishments Ordinance prohibits the employment of persons under 18 in night work. However, noting an absence of information from the Government on the status of the draft Employment and Service Conditions Act 2009, the Committee once again urges the Government to take the necessary measures to ensure that, in conformity with Article 3(1) of the Convention, this draft Act, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future.

Article 9(1) and Part III of the report form. Penalties and the labour inspectorate. The Committee previously requested the Government to provide information on the practical application of the penalties provided for in section 14 of the Employment of Children Act 1991. It also requested the Government to indicate any measures adopted to strengthen the labour inspectorate, particularly in the informal sector.

The Committee noted an absence of information on these points in the Government’s report. However, the Committee noted the information in a 2008 report on the worst forms of child labour in Pakistan, available on the website of the Office of the United Nations High Commissioner for Refugees, that enforcement of child labour legislation is weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption. This report also indicated that, while authorities cite employers for child labour violations, the penalties imposed are generally too minor to act as a deterrent. The Committee also noted that the CRC, in its concluding observations of 15 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduces the likelihood of investigations into reports of child labour, and hinders the prosecution, conviction or punishment of those responsible (CRC/C/PAK/CO/3–4, paragraph 88). The Committee expresses its concern at the lack of capacity of the labour inspectorate to effectively monitor the legislation giving effect to the Convention and therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspectorate in this regard, including through the allocation of additional resources. It also requests the Government to take the necessary measures to ensure that persons who violate the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. In this respect, the Committee requests the Government to provide information on the number and nature of violations relating to the employment of children and young people detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that, according to the National Child Labour Survey conducted in 1996, of the 3.3 million children aged between 5–14 years who were economically active on a full-time basis, 46 per cent worked 35 hours per week, while 13 per cent worked for 56 hours or more per week. The Committee requested the Government to provide recent statistical data on the application of the Convention in practice.

The Committee noted the information in the Government’s report that, pursuant to the “Combating abusive child labour II” project, a second national survey on child labour will be undertaken. The Committee also noted that the CRC, in its concluding observations of 15 October 2009, expressed concern that the prevalence of child labour is extremely high and has increased in recent years due to growing poverty (CRC/C/PAK/CO/3–4, paragraph 88). The Committee expresses its concern at the high number of working children under the minimum age in Pakistan and therefore urges the Government to strengthen its efforts to improve this situation, including through continued cooperation with ILO–IPEC. It also requests the Government to provide, in its next report, information from the second national survey on child labour.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.