Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Pakistan (Ratification: 1957)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that, the Criminal Law (Amendment) Act 2015 inserted a new section 369A to the Penal Code 1860, penalizing human trafficking with a penalty of imprisonment from five to seven years, or a fine from 500,000 Pakistani rupees (PKR) to PKR700,000. It also noted that the Federal Investigation Agency (FIA) maintains 27 anti-trafficking law enforcement units at the federal, provincial and local levels that investigate human trafficking and smuggling cases. Moreover, it noted the information on the number of investigations and prosecutions conducted and convictions applied for cases of trafficking of persons for sexual exploitation in certain provinces, such as Punjab and Khyber Pakhtunkhwa (KPK), as well as the reported investigations under the Prevention and Control of Human Trafficking Ordinance 2002 (PCHTO). However, the Committee noted that the convictions applied were significantly lower as compared to the overall number of investigations and prosecutions. The Committee further noted the information that the review of the draft Act to Prevent and Combat Trafficking in Persons, Especially Women and Children, 2013 is under consideration at the federal level. The Committee urged the Government to strengthen its efforts to ensure that, in practice, persons who commit trafficking offences are subject to sufficiently adequate and dissuasive penalties. It further requested the Government to provide information on any progress made regarding the adoption of the draft Act to Prevent and Combat Trafficking in Persons, Especially Women and Children.

The Committee notes the Government’s information in its supplementary report provided under the Worst Forms of Child Labour Convention, 1999 (No.182) regarding the promulgation of the Prevention of Trafficking in Persons Act (PTPA), 2018, and the Prevention of Smuggling of Migrants Act (PSMA), 2018. The Committee notes with interest that the PTPA which repeals the PCHTO, contains provisions criminalizing the offence of trafficking in persons for labour or sexual exploitation with penalties of imprisonment up to seven years and a fine of a maximum of PKR1 million or both (section 3).

The Committee also notes the information from the official website of the Ministry of Interior on the measures taken by the Government to combat human trafficking, including the (i) establishment of an Integrated Border Management System (IBMS) at all Federal Investigation Agency (FIA) Immigration Check Posts; (ii) issuance of computerized national identity cards and Pakistan origin cards for overseas Pakistanis, and family registration certificates; (iii) capacity-building of immigration officials; (iv) maintenance of an Exit Control List in order to stop the exit of human traffickers and smugglers from Pakistan; (v) establishment of a 24/7 FIA Helpline for complaints and support; and (vi) establishment of an Inter-Agency Task Force for the collection of intelligence and sharing of information on human trafficking and smuggling. It further notes that in 2018, 18 most-wanted traffickers were arrested. Moreover, the Committee notes that from 2018 to June 2020, nine cases were registered under the PTPA, involving 14 females, of which in two cases a fine of PKR0.058 million (approximately US$356) was imposed. During the same period, 828 cases were registered under the PSMA, and of the 430 cases which are under investigation, 48 were imposed with a fine of PKR0.47 million. The Committee further notes the Government’s indication that in 2018, a total of 8,288 cases under various provisions of the anti-trafficking laws were dealt with by the FIA and 14,419 convictions were secured. In 2019, 9,621 cases were dealt with by the FIA, and 13,888 convictions were secured. The Committee requests the Government to continue providing information on the application in practice of section 3 of the PTPA 2018 and the PSMA 2018, including the statistics on the number of investigations, prosecutions, convictions and the specific penalties imposed.