Worst Forms of Child Labour Convention, 1999 (No. 182) - Pakistan (Ratification: 2001)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication that, in Punjab, no case of recruitment of children under 18 years of age for armed conflict has ever been reported. The Committee notes that the Annual Report of the United Nations Secretary General on Children and Armed Conflict does not report on children being recruited or used in armed conflict (A/77/895-S/2023/363, 5 June 2023, paragraphs 294–98).

Articles 3(a), 7(1) and 7(2)(b). Sale and trafficking of children, penalties and direct assistance to victims. The Committee notes the Government’s indication that, in Balochistan, the standard operating procedures (SOPs) developed under the Prevention of Trafficking in Persons Act (PTPA), 2018, provide that the Labour Department’s role is only to identify victims and that it must then refer cases to the police for investigation. The Government indicates that: (1) 66 labour inspectors received training on the SOPs under the PTPA; (2) three consultative workshops were organized by the Labour Department, with technical support of the ILO for social partners and government officials; (3) in February 2022, the Government launched an awareness-raising campaign in brick kilns and other commercial establishments; and (4) no case of trafficking was reported to, or detected by, the labour inspectorate.

The Committee further notes, from the Government’s report under the application of the Forced Labour Convention, 1930 (No. 29), that: (1) between 2020 and 2022, in Khyber Pakhtunkhwa (KPK), 21 cases of child trafficking for the purpose of commercial sexual exploitation were registered, all of which were prosecuted with one discharge and two acquittals. In the same period, 22 victims were identified (six boys and 16 girls) and 19 victims were sent to shelter homes (six boys and 13 girls); (2) in KPK and Sindh, SOPs were formulated for victim identification, protection, referral and support; (3) in KPK, between August 2022 and May 2023, the labour inspectorate referred 85 cases of children at risk of trafficking to the police for further investigation; and (4) in KPK, in 2022, the labour inspectorate received five internal training sessions on trafficking in persons. The Committee, however, notes the absence of information on the number of convictions regarding trafficking, despite the significant number of cases registered. The Committee requests the Government to continue to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA and of the Prevention of Smuggling of Migrants Act, 2018, which provide for penalties for trafficking in persons. The Committee further requests the Government to provide information on: (i) the measures taken to identify child victims of trafficking, including the application of SOPs; and (ii) the specific measures taken to ensure their rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government states that in Punjab, Sindh and ICT, no case of using children for pornography was reported. The Committee notes, from the website of the Federal Investigation Agency (FIA), that it has a Cyber Crime Wing with the power to receive complaints and take legal measures against cyber criminals, including child pornography. The Committee once again requests the Government to provide information on: (i) the measures taken, including by the FIA, to combat the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (ii) the application in practice of section 11(3) of the Punjab Restriction on Employment of Children Act, 2016, and section 14 of the Sindh Prohibition of Employment of Children Act, 2017, as well as section 292B and C of the Pakistan Criminal Code which applies to the other provinces and the ICT, including the number of investigations, prosecutions, convictions and penalties imposed.

Articles 3(d) and 7(2)(b). Hazardous work and direct assistance to victims. Children working in brick kilns. The Committee previously noted that a large number of children are working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. The Committee notes with interest the Government’s indication that in the framework of the review of the labour legislation in Punjab and Sindh, in cooperation with the ILO, it is planned to identify the processes which are hazardous in the brick kiln industry and include them in the list of hazardous work prohibited to children under 18 years. The Committee further notes the Government’s indication that, in Punjab, 41 children performing labour at brick kilns were referred to the Child Protection and Welfare Bureau for rehabilitation. The Government further indicates that despite the numerous labour inspections undertaken in Balochistan and KPK, no violation was found in brick kilns. The Committee encourages the Government to pursue its efforts in Sindh and Punjab to identify the hazardous processes in the brick kiln industry and include them in the list of hazardous work. It requests the Government to provide information on: (i) any progress reached in this regard; (ii) the measures taken or envisaged, both in law and in practice, by other provincial governments to protect children under 18 years of age engaged in the brick kiln industry from hazardous work and the results achieved; (iii) the number of children removed from working in brick kilns through inspections; and (iv) the number of children provided with direct assistance for their rehabilitation and social integration.

Children working in carpet weaving and the glass bangle industry. The Committee previously noted that a significant number of children work in the carpet weaving industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that the glass bangle manufacturing industry used children as young as 11 years of age and that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. The Committee notes the Government’s statement that in Punjab, there have been no incidents of child labour in the carpet weaving industry and there is no glass bangle manufacturing factory in the province. It further notes with interest that the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, includes work on glass and metal furnaces and glass bangles manufacturing in the list of hazardous work prohibited to children under 18 years. However, the Committee notes that no information is provided on the application in practice of the legislation in the provinces of Sindh, Balochistan, KPK and the ICT administration. The Committee requests the Government: (i) to provide information on the application in practice of the provisions prohibiting hazardous activities in the carpet weaving and glass bangle manufacturing factories contained in the respective laws of the provinces of Sindh, Balochistan and KPK and the ICT administration; and (ii) to continue to provide information in this respect for the province of Punjab. The Committee also requests the Government to provide information on: (i) the measures taken or envisaged for the removal, rehabilitation and social integration of children working in these sectors and the results achieved; and (ii) any assessment made of the extent of child labour, including hazardous work, in the carpet weaving and glass bangle industries in the country.

Article 6. Programme of action. Child bonded labour. The Committee notes the Government’s indication that, in Sindh in 2021, a multi-level stakeholder consultation was organized for community-based monitoring and remediation of child labour, to sensitize participants to the Sindh Bonded Labour (Abolition) Act, 2015, and the Prohibition of Employment of Children Act, 2017. The Sindh Bonded Labour System (Abolition) Rules were notified in June 2021. The Committee further notes that various trainings were provided to members of District Vigilance Committees (DVCs) in Sindh on child bonded labour. In Balochistan, the Government indicates that under the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan (National Strategy), several targets were achieved, including: (1) the adoption of the Balochistan Employment of Children (Prohibition and Regulations) Act, 2021; (2) the training of labour inspectors, law enforcement authorities, NGOs and social partners on international labour standards; and (3) the development of a format for labour inspection on child and bonded labour. The Committee also takes note of the results achieved in KPK under the National Strategy, including: (1) reactivation of DVCs; (2) reactivation in progress of the Child and Bonded Labour Unit; (3) creation in progress of the KPK Coordination Committee on Child Labour; (4) number of inspectors increased; and (5) survey on child labour almost completed.

The Committee also notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR) that the KPK Labour Department, in collaboration with other stakeholders, has prepared an Action Plan for the elimination of bonded labour, in the framework of its provincial labour policy. Under this Action Plan, the following administrative measures are considered: (1) introduction of work contract; (2) legalizing advances with mode of repayment; (3) linking the families with micro- credit institutions; and (4) working on alternative solutions for rehabilitation of affected children and families, such as linking the families with social protection schemes and social safety nets (E/C.12/PAK/2, 22 June 2023, paragraph 72). The Committee requests the Government to continue to provide information on the implementation of the National Strategy to eliminate child bonded labour and its impact in eliminating child bonded labour, including in provinces other than Balochistan and KPK. It also requests the Government to provide information on the implementation of any other projects at the provincial level to combat child bonded labour, and to provide information on the results achieved, including the number of children removed from bonded labour and provided with assistance, disaggregated by age and gender.

Sale and trafficking of children. The Committee takes note with interest of the National Action Plan (NAP) to Combat Human Trafficking and Migrants Smuggling 2021–25, with the overall goal of combating human trafficking and smuggling of migrants, including children, by strengthening capacities of key institutions through capacity building, awareness raising, coordination, gender and age disaggregated data management, establishment of necessary mechanisms and international cooperation. The priority actions outlined in the plan are divided into seven strategic objectives with several tactical actions. The Committee notes that the FIA is responsible for the execution of the NAP and that, for each priority objective, a clear list of indicators was drafted, to assess the progress achieved. The Committee requests the Government to provide information on the implementation of the NAP to Combat Human Trafficking and Migrants Smuggling 2021–25 with regard to the measures taken to prevent and address trafficking of children specifically, and the results achieved, including by providing information the number of children removed from this worst form of child labour and provided with assistance, disaggregated by age and gender.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Committee notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC), that: (1) a Child Protection Institute was inaugurated in June 2021 in ICT which provided 113 children in street situations with various services; (2) the Balochistan District Education Plan 2016–21 aimed, among others, to enrol children in street situations in schools; (3) the Sindh Child Protection Authority started an anti-beggary campaign in 2021 to address the root causes of beggary and children in street situations; and (4) a street children project was implemented in Peshawar during 2019–20, in which 3,190 (268 girls and 2,922 boys) benefitted from protection services (CRC/C/PAK/6-7, 3 August 2023 paragraphs 268, 273 and 274). The Committee also notes that section 11 of the Balochistan Employment of Children Act, 2021, provides that the Government shall draw a comprehensive and time-bound action programme for the effective elimination of child labour and its worst forms and the rehabilitation of such children, targeting the entire child population in the province, especially those aged 5 to 14 years, that may also address the issue of children in street situations. The Committee notes that, in Punjab, the Child Protection and Welfare Bureau is responsible for providing support services and ensuring the rehabilitation of children in street situations, including by providing shelter, medical examination, physical therapy, school administration, family tracing, adoption and reunification. Recalling that children in street situations are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue taking effective and time-bound measures to protect these children from engaging in, and withdraw them from, the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on: (i) the specific measures undertaken, and the results achieved in this regard, particularly by indicating the number, age and gender of children in street situations benefiting from shelter and other rehabilitative services; and (ii) the effective and time-bound action programme adopted under section 11 of the Balochistan Employment of Children Act, 2021.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023. The Committee also notes the observations of the Pakistan Mine Workers Federation (PMWF) received on 7 September 2023 relating to the alleged absence of implementation of the laws on the worst forms of child labour. It requests the Government to provide its comments in this respect.

Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee recalls that the main implementation mechanisms for the laws on the abolishment of bonded labour are through District and Provincial Vigilance Committees (DVCs and PVCs) which aim to enforce the legislation, oversee rehabilitation of victims and to aid district and provincial administrations in implementing the relevant legislation. The Committee notes that the Government provides a copy of the newly adopted Balochistan Forced and Bonded Labour System (Abolition) Act, 2021, and that it indicates that the draft Balochistan Forced and Bonded Labour System (Abolition) Rules, 2023, are under notification process; once notified, DVCs in Balochistan will be created. The Government explains that, in the meantime, the Provincial and District Anti-Human Trafficking and Anti-Bonded Labour Monitoring Committee operates in Balochistan and monitors the implementation of the laws on the abolition of bonded labour. The Committee notes, from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that: (1) in Khyber Pakhtunkhwa (KPK), DVCs have been established in every district of the province (members are composed of the police department, labour department, social welfare and a representative of the prosecution) and that no bonded labour was identified in 2022; (2) in Punjab, 27 complaints of bonded labour were lodged in DVCs by aggrieved brick kilns workers, all of which were resolved amicably through the DVCs; (3) in Punjab, a PVC was established to monitor the work of DVCs; and (4) in Sindh DVCs were established in every district.

The Committee notes the Government’s indication that in Punjab, 170 First Investigation Reports (FIRs) were registered by the police on the basis of sections 3 and 7 of the Trafficking in Persons Act, 2018, relating to bonded child labour. The Committee notes with regret however that no information is provided on whether the FIRs lead to prosecutions. The Committee notes, from the information provided by the Government, that labour inspections in Balochistan and KPK have not found any case of forced labour or bonded labour in 2022, and that there is no information provided for Sindh, Punjab or the Islamabad Capital Territory (ICT).

The Committee also notes, from the 2023 Report of the National Commission for Human Rights of Pakistan (NCHR) on “The Issue of Bonded Labour in Pakistan”, that: (1) bonded labour is especially prevalent in the rural and agricultural sectors, particularly in the brick kiln sector in Punjab and the tenant farms in Sindh; (2) many brick kilns continue to function without registration, contrary to the Factories Act, 1934, which negatively impacts workers and encourages the misuse and exploitation of the poor; (3) existing laws regarding bonded labour, including the Bonded Labour System (Abolition) Act, 1992, and subsequent provincial legislation, fail to protect labourers due to weak implementation; (4) the primary hope for change lies in the implementation of judicial rulings and the passing of new legislation, particularly with regard to agricultural tenancy rights and brick kilns; and (5) the NCHR formulated detailed recommendations such as the need to improve access to justice for bonded labourers, revising the brick kiln registration process, enhancing the capacities of the DVCs and prohibiting the work of children in brick kilns. With regard to the issue of registration of brick kilns, the Committee takes due note of the Government’s information that, in Sindh, 746 brick kilns have been registered under the Sindh Factories Act, 2015, employing 14,352 workers, and that 16 unions of brick kiln workers have also been registered. In light of this information, the Committee once again requests the Government to intensify its efforts to eliminate child debt bondage, including: (i) through the effective implementation of the laws abolishing bonded labour; (ii) by establishing DVCs in all the provinces and strengthening their capacity as well as the capacity of the law enforcement officials responsible for the monitoring of child bonded labour; and (iii) by continuing its efforts to ensure that all operating brick kilns are registered. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, including the number of child bonded labourers identified by the DVCs and other law enforcement officials, the number of violations reported, investigations conducted, prosecutions, convictions and penal sanctions imposed. Finally, the Committee requests the Government to provide information on the measures taken to implement the detailed recommendations of the National Commission for Human Rights in its 2023 report.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Child domestic workers. The Committee notes with interest the adoption of the ICT Domestic Workers Act, 2021, which: (1) prohibits the engagement children of less than 16 years in domestic work (section 3); (2) prohibits the employment of a domestic worker under the bonded labour system or forced labour system (section 4(a)); and (3) imposes the respect of other child labour laws. The Committee notes the proposed ICT Domestic Workers Amendment Bill, 2022, in which it is proposed that the minimum age for domestic work be raised to 18 years. The Committee further notes with interest that the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, includes child domestic work in the list of hazardous occupations prohibited to children under the age of 18 years. The Government also indicates that the draft Sindh Domestic Workers Act is under preparation.

The Committee notes, from the Punjab Child Labour Survey, that 1.8 per cent of children aged 5 to 14 years and 2.6 per cent of children aged 15 to 17 years are engaged in domestic work. The Committee further notes with concern, from the ILO Publication Research Brief: Child labour in domestic work in Pakistan (June 2022), that although there are no reliable statistics on child labour in domestic work in the country, a research study undertaken by the ILO determined that one in every four households in Pakistan employs a child in domestic work, predominantly girls, aged 10 to 14 years. The study further determines that children engaged in child labour in domestic work are frequently exposed to hazards including electrical shocks, dust, noise, heat, allergens, etc. Those engaged on a live-in basis are likely to face the most hazards, be called on at any time and work continually with no fixed hours. Finally, the Committee notes the recommendations made, including: (1) articulate a strategic plan or roadmap to eliminate child labour in domestic work; (2) raise awareness of the legislation on domestic work; (3) gather reliable data; and (4) provide rehabilitation services for children and their families. The Committee expresses the firm hope that the Sindh Domestic Workers Bill will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to regulate domestic work in the KPK province. The Committee further requests the Government take the necessary measures to raise awareness of the newly adopted legislations on domestic work and protect and withdraw child domestic workers from exploitative and hazardous work. It requests the Government to provide information on the results achieved to this end, as well as on the application in practice of these laws, including by indicating the number of cases detected as well as the number of prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and the special situation of girls. The Committee notes, from the APFTU’s observations, that although the Constitution provides for free and compulsory education for all children, there are not enough schools and too many children. The Committee notes the Government’s indication that in Punjab, it launched the pilot project “Disengaging children from labour and referring to school”, under which 5,000 children will be removed from the worst forms of child labour and reintegrated into school. The Committee also notes, from the 2023 ILO Publication Results from the CLEAR Cotton Project that 1,600 children were withdrawn or prevented from entering child labour through accelerated schooling programmes to eventually reintegrate mainstream schools. It also notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC), the various measures taken to improve access to education for all, including: (1) the preparation of a uniform education system for all to ensure equitable access to quality education across the country; (2) the increase of expenditures in the education sector in Balochistan; (3) the launch of the Waseela-e-Taleem Programme, a conditional cash transfer programme for poor families; (4) the adoption and implementation of the Punjab Education Sector Reforms Programme, which aims to provide missing facilities for girls, such as toilets and free textbooks, and offers stipends to girls from grades 6 to 10; (5) in Sindh, the Government provided stipends to 420,000 girls to encourage their education; and (6) Balochistan developed its second Education Sector Reform Plan 2025 and is introducing a school nutrition programme in 132 primary schools in remote areas (CRC/C/PAK/6-7, 3 August 2023 paragraphs 5, 27, 43, 44, 230, 232).

The Committee notes, from the Punjab Child Labour Survey 2019-2020 that 84.6 per cent of children aged 5 to 14 years attend school (86.1 per cent of boys and 82.8 per cent of girls); 9.8 per cent have never attended school (8 per cent of boys and 11.7 per cent of girls). According to the Gilgit-Baltistan Child Labour Survey 2018-2019, 82.3 per cent of children aged 5 to 17 years attend school (87.5 per cent of boys and 76.8 per cent of girls). The Sindh Multiple Indicator Cluster Survey 2018-2019 shows that the net attendance rate of children in primary school is 40.4 per cent (42.6 per cent for boys and 38.1 per cent for girls). The Committee further notes, from the UNICEF Country Office Annual Report 2022, that despite significant improvements in overall school participation, an estimated 22.8 million children aged 5 to 16 years are out of school (representing 44 per cent of children). More girls are out of school than boys at every level. Only 70 per cent of children entering primary school are estimated to reach Grade 5, with considerable provincial differences. The 2022 floods damaged or destroyed 48,259 schools, which resulted in more than 12 million children’s education being interrupted. The Committee notes that the Federal Education Ministry, in cooperation with UNICEF, finalized the Education Cannot Wait Multi-Year Response Plan (2022-2024) which works to ensure improved access to education at all levels, increase the resilience of the infrastructure and provide special support for girls.

While noting certain measures taken by the Government, the Committee must express its concern at the significant number of children, especially girls who are out of school. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve access to free basic education for all children, taking into account the special situation of girls. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

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

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

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 (see Articles 3(a) and 7(2) (b) and Articles 3(d) and 7(2) (b)), as well as on the basis of the information at its disposal in 2019.

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict.  The Committee previously noted the Government’s information that it was making the utmost efforts to prevent the use of children by terrorist and extremist groups and that punitive action was being taken against those who use children for terrorist activities. The Government also indicated, in its written replies to the Committee on the Rights of the Child (CRC) of 11 April 2016, that Pakistan’s armed forces do not deploy persons under the age of 18, and that terrorists cannot legally recruit any person including children because the formation of private military organizations is prohibited under article 256 of the Constitution and the Private Military Organisations (Abolition and Prohibition) Act of 1973 (CRC/C/PAK/Q/5/Add.1, paragraph 65). However, the Committee noted that the CRC expressed its grave concern in its concluding observations of July 2016 that children continued to be targeted for recruitment and training by armed groups for military activities, which included suicide bombing and detonating landmines, and were transferred to the front lines of conflict areas (CRC/C/PAK/CO/5, paragraph 69). The Committee therefore urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use by armed groups, and proceed with the full and immediate demobilization of all these children.

The Committee notes the Government’s reference, in its report, to the legal provisions under the Sindh Prohibition of Employment of Children Act 2017 (Sindh Child Act 2017) (section 14(1)(a)) and the Punjab Restriction on Employment of Children Act, 2016 (Punjab Children Act 2016) (section 11(3)(a)) which prohibit the recruitment of children for use in armed conflict and provide for penalties of fines from 200,000 to 1 million Pakistani rupees (PKR) and imprisonment ranging from three to ten years.  The Committee requests the Government to provide information on the application in practice of section 14(1)(a) of the Sindh Child Act 2017 and section 11(3)(a) of the Punjab Children Act 2016 concerning the offences related to the use and recruitment of children under 18 years of age for armed conflict, including the number of investigations and prosecutions carried out and the penalties applied.

Articles 3(a) and 7(2)(b) of the Convention. Sale and trafficking of children and direct assistance to victims.  The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited and that the Federal Investigating Agency (FIA) was responsible for the implementation of the PCHTO. It also noted that the Criminal Law (Second Amendment) Act 2016 introduced section 369A to the Penal Code providing for penalties for the offences of trafficking in human beings. The Committee noted that the CRC expressed its concern, in its concluding observations of 11 July 2016, that Pakistan remained a significant source, destination and transit country for children trafficked for purposes of commercial sexual exploitation and forced or bonded labour (CRC/C/PAK/CO/5, paragraph 75). It also noted from the Global Report on Trafficking in Persons 2016 of the United Nations Office on Drugs and Crime (UNODC) that, from January to September 2015, 287 child victims of internal trafficking were identified but no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urged the Government to strengthen its efforts to combat and eliminate trafficking in children, to identify child victims of trafficking and to provide for appropriate services for the purposes of rehabilitation and social integration.

The Committee notes the Government’s information in its supplementary report that the newly promulgated Prevention of Trafficking in Persons Act (PTPA), 2018 and the Prevention of Smuggling of Migrants Act (PSMA), 2018 provide stringent penalties for the offences related to trafficking of persons. According to section 3(2) of the PTPA, anyone who commits the offence of trafficking of children under the age of 18 years for labour or sexual exploitation shall be punished with imprisonment ranging from two to ten years or a fine of a maximum of PKR one million or both. Moreover, the PSMA penalizes the offences related to the facilitation of illegal entry of persons into Pakistan or from Pakistan to another country for benefit. It notes the Government’s information that in 2019, two cases related to the trafficking of children were registered under the PSMA, and in one case a fine of PKR 0.06 million (approximately US$368) was imposed on the perpetrator.

The Committee also notes the information from the official website of the Ministry of Interior on the measures taken by the Government to combat trafficking, of persons including: (i) the establishment of an Integrated Border Management System (IBMS) at all 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 traffickers of persons 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 trafficking in persons and smuggling. The Committee further notes that in 2018, a total of 348 cases were registered under the PTPA and PSMA. Moreover, 18 of the most wanted traffickers were arrested in the same year.  The Committee requests the Government to continue to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA as well as under the PSMA. It also requests the Government to provide information on the measures taken to identify child victims of trafficking as well as on the measures taken to ensure their rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances.   The Committee had previously noted that the 2016 amendments to the Pakistan Criminal Code, 1860 explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child (section 292) and provides for penalties of imprisonment and fines (section 292C). The Committee requested the Government to provide information on the application of section 292B and C in practice.

The Committee notes that the Government’s report does not contain any information in this regard. The Government’s report refers to section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017 which prohibit child pornography and provide for strict penalties of imprisonment for up to ten years and fines.  The Committee requests the Government to provide information on the application in practice of section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017, as well as section 292B and C of the Pakistan Criminal Code, including the number of investigations, prosecutions, convictions and penalties imposed.

Articles 3(d) and 7(2)(b). Hazardous work and direct assistance to victims.  1. Children working in brick kilns. The Committee previously noted that a large number of children are working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. It noted that the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 prohibits the employment of children under 14 years of age in brick kilns and holds as liable the occupier of the kiln and parents or guardian of the children for any violations (sections 5 and 7). Moreover, the Punjab Government had also developed a scheme of assistance for children living and working in brick kilns which includes a package of free uniforms, books, bags and shoes, and financial allowance to the families for enrolling their child in school. The Committee requested the Government of Punjab to pursue its efforts while requesting the governments of other provinces to take the necessary measures in this regard.

The Committee notes the information provided by the Government that in 2019, 10,362 inspections were conducted under the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016, 959 child labour cases were detected, five brick kilns were sealed, and 602 persons were arrested. It also notes the Government’s information that the District Vigilance Committees (DVCs) under the supervision of the District Magistrate has taken legal action to stop the functioning of brick kilns in the Islamabad Capital Territory (ICT) that make use of child labour imposing heavy fines. The Government states that the Balochistan administration is determined to accelerate its efforts to cover the workers in brick kilns and initiate programmes to address their rehabilitation and social integration. The Government report indicates that there are no cases of child labour reported in the brick kilns in the Province of Sindh. The Committee however notes from the findings of the study conducted by the Bureau of Statistics Planning and Development Department Government of Khyber Pakhtunkhwa (KPK) in May 2017 on bonded labour in the brick kiln industry in the two districts of KPK that according to the data collected from the workers, 5 per cent of children were found to be engaged in work in brick kilns. The Committee requests the Government to continue to provide information on the measures taken or envisaged, both in law and in practice, by the provincial governments to protect children under 18 years of age engaged in the brick kiln industry from hazardous work. It also requests the Government to provide information on the results achieved, particularly on the number of children removed from working in brick kilns through inspections and the number of children provided with direct assistance for their rehabilitation and social integration. The Committee further requests the Government to continue to provide information on the application in practice of the provisions of the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016, indicating the number of prosecutions carried out and penalties imposed for the offences related to child labour in brick kilns.

2. Children working in carpet weaving and the glass bangle industry. The Committee previously noted that despite several projects aimed at withdrawing children from work in carpet weaving, a significant number of children continued to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that, according to the rapid assessment studies carried out in different sectors in Pakistan, the glass bangle manufacturing industry used children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. It requested the Government to provide information on the measures taken to address child labour in carpet weaving and the glass bangle industry.

The Committee notes the Government’s information that the newly enacted Punjab Restriction on Employment of Children Act, 2016, the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 and the Sindh Prohibition of Employment of Children Act, 2017 which provide for a list of hazardous work prohibited to children under 18 years, include, in its list, work related to carpet weaving and glass bangle manufacturing. The violation of these provisions shall be punishable with imprisonment for up to six months and a fine of between PKR10,000 and PKR50,000. The Government indicates that in 2018 in the Province of Punjab, 12,934 inspections were carried out in the carpet weaving and glass bangle industry, 176 First Information Reports against the employers were lodged and 30 arrests were made. The Committee notes the Government’s information that a comprehensive work plan to eliminate child labour in these sectors will be designed in the Province of Sindh after assessing the findings of the ongoing child labour survey. The Government also indicates that the Government of Balochistan will be conducting a special inspection in carpet weaving industries to ensure withdrawal of children involved in child labour in this industry.  The Committee requests the Government to provide information on the application in practice of the provisions prohibiting hazardous activities in the carpet and glass bangle manufacturing factories contained in the respective laws of the Provinces of Punjab, Sindh and KPK. It also requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in these sectors and the results achieved.

Article 6. Programme of action. Child bonded labour.  In its previous comments, the Committee noted that the federal Government, in collaboration with the ILO, was in the process of developing a National Strategy to Eliminate Child and Bonded Labour. The Committee requested the Government to take the necessary measures to ensure the adoption of the National Strategy to Eliminate Child and Bonded Labour in the near future.

The Committee notes with  interest  the Government’s information that the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan (National Strategy) has been developed and adopted by the Ministry of Overseas Pakistanis and Human Resource Development (OP and HRD). This National Strategy aims to contribute to the abolition of child and bonded labour in Pakistan by providing a framework for the federal and the provincial Governments to reinforce coordinated implementation on their constitutional mandate through: (i) capacity development; (ii) policy integration and mainstreaming of child and bonded labour issues and concerns into key development policies, programmes and their budgets; (iii) strengthened law enforcement; (iv) enhancing the system of child and bonded labour data collection, analysis and use; (v) partnerships and resource mobilization; and (vi) Information, Education and Communication (IEC). The Committee notes the Government’s information that the National Strategy drives 18 recommendations of actions by the provinces in the efforts to eliminate child bonded labour from Pakistan.  The Committee requests the Government to provide information on the implementation of the National Strategy and its recommendations to eliminate child bonded labour and its impact in eliminating child bonded labour. It also requests the Government to provide information on the implementation of any other projects at the provincial level to combat child bonded labour, and to provide information on the results achieved, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk.  1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. The Committee noted the Government’s information that the Domestic Workers (Employment Rights) Bill which is applicable in the Islamabad Capital Territory (ICT Domestic Workers Bill) had been submitted to the Senate and was under review. The Bill provides for equal treatment to domestic workers as workers in the formal sector, including in respect of the employment contract, occupational safety and health and social security coverage and introduces the minimum age of 18 years for live-in domestic workers. It also noted that the Government of Punjab had approved its Domestic Workers Policy and would be regulated soon. The Committee requested the Government to take the necessary measures to ensure that the Domestic Workers Bill and related legislation at the provincial levels are adopted in the near future.

The Committee notes the Government’s information that the ICT Domestic Workers Bill is still undergoing revision. It also notes the Government’s indication that the Punjab Domestic Workers Act 2019 has been passed while discussions and consultations with key stakeholders on the promulgation of the Balochistan Domestic Workers Regulation Bill 2017 are still ongoing.  While welcoming the adoption of the Punjab Domestic Workers Act 2019, the Committee expresses the firm hope that the ICT Domestic Workers Bill and the Balochistan Domestic Workers Regulation Bill will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to regulate domestic work in other provinces. The Committee further requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures undertaken and the results achieved in this regard.

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

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 (see Articles 3(a) and 5), as well as on the basis of the information at its disposal in 2019.

Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour and that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA. It noted that the BLSA was applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab, while Khyber Pakhtunkhwa (KPK) and Sindh provinces enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). The Committee requested the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour.

The Committee notes the Government’s information in its supplementary report that the BLSA was adapted in all the provinces while the Punjab government passed the Punjab Bonded Labour System (Abolition) Amendment Act of 2018 which primarily aims at strengthening the ongoing system of inspections and reporting. The Government also indicates that the Provincial Cabinet of Balochistan approved the Elimination of Bonded Labour Bill 2020 which shall be submitted to the law department for vetting. The Bill provides for a punishment of one-year imprisonment and a fine of PKR 0.1 million (US$632.30) to people who are involved in hiring bonded labour. The Committee further notes the Government’s information that the DVCs have been revitalized in all the 36 districts of Punjab and are working vigilantly to eradicate child bonded labour under the district administration, particularly in brick kilns and workshops. The Government indicates that 258 meetings of DVCs were held in 2019 during which no cases of child debt bondage were reported. The provinces of Sindh, KPK and Balochistan are in the process of establishing DVCs. Provincial child and bonded labour units have been established in Punjab and KPK while Sindh, Balochistan and ICT are making efforts in this respect. The Government also indicates that the Sindh administration has registered and brought 740 brick kilns all over the province within the ambit of various labour laws, including the Sindh Prohibition of Employment of Children Act, 2015, in order to combat the menace of bonded labour. The Committee further notes the Government’s statement that the provinces are making efforts to strengthen institutional mechanisms for inspection and improvement in enforcement of labour laws on child and bonded labour, extension of coverage of such labour laws to the uncovered sectors and capacity development of inspection staff.

The Committee notes, however, from the National Commission for Human Rights Pakistan report entitled Towards Abolishing Bonded Labour in Pakistan, 2018 that over 1.3 million persons, including men, women and children in the brick kiln sector in Pakistan are working under conditions of debt bondage. This report further indicates that despite efforts by the Government and civil society, Pakistan remains a country with a large number of its workforce trapped in the systemic cycle of bondage.  The Committee therefore encourages the Government to intensify its efforts to eliminate child debt bondage, including through the effective implementation of the laws abolishing bonded labour and by establishing DVCs in all the provinces and strengthening their capacity as well as the capacity of the law enforcement officials responsible for the monitoring of child bonded labour. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, including the number of child bonded labourers identified by the DVCs and other law enforcement officials, the number of violations reported, investigations conducted, prosecutions, convictions and penal sanctions imposed. The Committee finally requests the Government to take the necessary measures to ensure that the Balochistan Elimination of Bonded Labour Bill 2020 is enacted in the near future.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and the special situation of girls. The Committee previously noted that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 11 July 2016, expressed concern at the large number of children (47.3 per cent of all children aged 5 to 16 years) who were not enrolled in formal education, of which the majority had never attended school and at the high dropout rate for girls, 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas (CRC/C/PAK/CO/5, paragraph 61). The Committee urged the Government to redouble its efforts to improve access to free basic education for all children, taking into account the special situation of girls.

The Committee notes the Government’s information that measures are being implemented to improve the enrolment of children in education, including the provision of monetary incentives through Khidmat ATM cards for vulnerable children and children involved in the worst forms of child labour. According to this scheme, 2,000 Pakistani rupees (PKR) (US$12.64) shall be paid to the family while enrolling a child and thereafter PKR1,000 (US$6.32) per month to each child enrolled after verification of their attendance at school. The Government indicates that more than 90,000 identified children working in brick kilns have benefited from this scheme. The Committee also notes the Government’s indication that the school enrolment rates have currently reached 50.6 million compared to 48 million during 2016–17, an increase by 5.3 per cent while the gender disparity has also narrowed. The Committee notes from the UNICEF 2018 Annual Report, Pakistan that the provincial governments have been engaged in developing key policies with UNICEF such as the Punjab Non-Formal Education (NFE) Policy and the Sindh NFE Policy to enrol 600,000 out-of-school children in school in five years and the KPK NFE policy which will be endorsed shortly. These policies ensure that children excluded from education have opportunities to learn and develop skills through alternative learning pathways (ALP). In 2018, 550 ALP centres in all four provinces received direct UNICEF support, reaching 17,500 children (44 per cent girls). Moreover, UNICEF supported 2,784 early childhood education (ECE) centres across the four provinces enabling 99,400 children (58 per cent girls) to acquire ECE. The Committee, however, notes from the UNICEF report that over 5 million children are out of school, 60 per cent of whom are girls, while the number increases drastically after primary level with 17.7 million adolescents aged 10–16 years, of whom 51 per cent are girls, who are outside formal education. The Committee further notes that according to UNESCO statistics, the net enrolment rate in primary education in 2018 was 67.7 per cent (61.6 per cent female and 73.37 per cent male) and at the secondary level was 38.53 per cent (36.38 per cent female and 40.51 per cent male). While noting the measures taken by the Government, the Committee must express its deep concern at the low enrolment rates at the primary and secondary education levels and at the high number of out-of-school children.  Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve access to free basic education for all children, taking into account the special situation of girls. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. It also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. It further noted the Government’s information that the KPK Government had established a special centre for street children which provides street children with education, health, recreation, sports, boarding, food, career and psychological counselling, and other necessary facilities. However, the Committee noted, from the concluding observations of the CRC of 11 July 2016, that children living or working on the streets, or whose parents were in conflict with the law, were often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). The Committee requested the Government to strengthen its efforts to protect street children and to provide information on the measures taken in this regard.

The Committee notes an absence of information in the Government’s report on this issue. The Committee observes that according to information available in a 2019 report of the United Nations, entitled Pakistan’s street children, somewhere between 1.2 and 1.5 million children are thought to be on the streets of Pakistan’s major cities. These children, who often have little or no contact with their families, form one of the most vulnerable strata of society and are denied basic rights such as access to shelter, education and healthcare. These children are highly exposed to the risk of being drawn into abusive situations including engagement in child labour and subjection to sexual exploitation, trafficking and arbitrary arrest and detention.  Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect and withdraw these children from engaging in the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number, age and gender of street children benefiting from shelter and other rehabilitative services.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the Government’s information that it was making the utmost efforts to prevent the use of children by terrorist and extremist groups and that punitive action was being taken against those who use children for terrorist activities. The Government also indicated, in its written replies to the Committee on the Rights of the Child (CRC) of 11 April 2016, that Pakistan’s armed forces do not deploy persons under the age of 18, and that terrorists cannot legally recruit any person including children because the formation of private military organizations is prohibited under article 256 of the Constitution and the Private Military Organisations (Abolition and Prohibition) Act of 1973 (CRC/C/PAK/Q/5/Add.1, paragraph 65). However, the Committee noted that the CRC expressed its grave concern in its concluding observations of July 2016 that children continued to be targeted for recruitment and training by armed groups for military activities, which included suicide bombing and detonating landmines, and were transferred to the front lines of conflict areas (CRC/C/PAK/CO/5, paragraph 69). The Committee therefore urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use by armed groups, and proceed with the full and immediate demobilization of all these children.

The Committee notes the Government’s reference, in its report, to the legal provisions under the Sindh Prohibition of Employment of Children Act 2017 (Sindh Child Act 2017) (section 14(1)(a)) and the Punjab Restriction on Employment of Children Act, 2016 (Punjab Children Act 2016) (section 11(3)(a)) which prohibit the recruitment of children for use in armed conflict and provide for penalties of fines from 200,000 to 1 million Pakistani rupees (PKR) and imprisonment ranging from three to ten years. The Committee requests the Government to provide information on the application in practice of section 14(1)(a) of the Sindh Child Act 2017 and section 11(3)(a) of the Punjab Children Act 2016 concerning the offences related to the use and recruitment of children under 18 years of age for armed conflict, including the number of investigations and prosecutions carried out and the penalties applied.

Articles 3(a) and 7(2)(b) of the Convention. Sale and trafficking of children and direct assistance to victims. The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited and that the Federal Investigating Agency (FIA) was responsible for the implementation of the PCHTO. It also noted that the Criminal Law (Second Amendment) Act 2016 introduced section 369A to the Penal Code providing for penalties for the offences of trafficking in human beings. The Committee noted that the CRC expressed its concern, in its concluding observations of 11 July 2016, that Pakistan remained a significant source, destination and transit country for children trafficked for purposes of commercial sexual exploitation and forced or bonded labour (CRC/C/PAK/CO/5, paragraph 75). It also noted from the Global Report on Trafficking in Persons 2016 of the United Nations Office on Drugs and Crime (UNODC) that, from January to September 2015, 287 child victims of internal trafficking were identified but no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urged the Government to strengthen its efforts to combat and eliminate trafficking in children, to identify child victims of trafficking and to provide for appropriate services for the purposes of rehabilitation and social integration.

The Committee notes that the Government has not provided any information in this regard. The Committee notes from the official website of the Ministry of Interior that the Prevention of Trafficking in Persons Act (PTPA) was adopted in 2018. According to section 3(2) of this Act, anyone who commits the offence of trafficking of children under the age of 18 years for labour or sexual exploitation shall be punished with imprisonment ranging from two to ten years or a fine of a maximum of PKR1 million or both. Moreover, the Prevention of Smuggling of Migrants Act (PSMA), 2018 which penalizes the offences related to the facilitation of illegal entry of persons into Pakistan or from Pakistan to another country for benefit was also adopted. The Committee also notes the information from this official website on the measures taken by the Government to combat trafficking, of persons including: (i) the establishment of an Integrated Border Management System (IBMS) at all 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 traffickers of persons 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 trafficking in persons and smuggling. The Committee further notes that in 2018, a total of 348 cases were registered under the PTPA and PSMA. Moreover, 18 of the most wanted traffickers were arrested in the same year. The Committee requests the Government to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA. It also requests the Government to provide information on the measures taken to identify child victims of trafficking as well as on the measures taken to ensure their rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances.  The Committee had previously noted that the 2016 amendments to the Pakistan Criminal Code, 1860 explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child (section 292) and provides for penalties of imprisonment and fines (section 292C). The Committee requested the Government to provide information on the application of section 292B and C in practice.

The Committee notes that the Government’s report does not contain any information in this regard. The Government’s report refers to section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017 which prohibit child pornography and provide for strict penalties of imprisonment for up to ten years and fines. The Committee requests the Government to provide information on the application in practice of section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017, as well as section 292B and C of the Pakistan Criminal Code, including the number of investigations, prosecutions, convictions and penalties imposed.

Articles 3(d) and 7(2)(b). Hazardous work and direct assistance to victims. 1. Children working in brick kilns. The Committee previously noted that a large number of children are working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. It noted that the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 prohibits the employment of children under 14 years of age in brick kilns and holds as liable the occupier of the kiln and parents or guardian of the children for any violations (sections 5 and 7). Moreover, the Punjab Government had also developed a scheme of assistance for children living and working in brick kilns which includes a package of free uniforms, books, bags and shoes, and financial allowance to the families for enrolling their child in school. The Committee requested the Government of Punjab to pursue its efforts while requesting the governments of other provinces to take the necessary measures in this regard.

The Committee notes the Government’s information that the District Vigilance Committees (DVCs) under the supervision of the District Magistrate has taken legal action to stop the functioning of brick kilns in the Islamabad Capital Territory (ICT) that make use of child labour imposing heavy fines. The Government states that the Balochistan administration is determined to accelerate its efforts to cover the workers in brick kilns and initiate programmes to address their rehabilitation and social integration. The Government report further indicates that there are no cases of child labour reported in the brick kilns in the Province of Sindh. The Committee however notes from the findings of the study conducted by the Bureau of Statistics Planning and Development Department Government of Khyber Pakhtunkhwa (KPK) in May 2017 on bonded labour in the brick kiln industry in the two districts of KPK that according to the data collected from the workers, 5 per cent of children were found to be engaged in work in brick kilns. The Committee requests the Government to continue to provide information on the measures taken or envisaged, both in law and in practice, by the provincial governments to protect children under 18 years of age engaged in the brick kiln industry from hazardous work. It also requests the Government to provide information on the results achieved, particularly on the number of children removed from working in brick kilns through inspections and the number of children provided with direct assistance for their rehabilitation and social integration. The Committee further requests the Government to provide information on the application in practice of the provisions of the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016, indicating the number of prosecutions carried out and penalties imposed for the offences related to child labour in brick kilns.

2. Children working in carpet weaving and the glass bangle industry. The Committee previously noted that despite several projects aimed at withdrawing children from work in carpet weaving, a significant number of children continued to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that, according to the rapid assessment studies carried out in different sectors in Pakistan, the glass bangle manufacturing industry used children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. It requested the Government to provide information on the measures taken to address child labour in carpet weaving and the glass bangle industry.

The Committee notes the Government’s information that the newly enacted Punjab Restriction on Employment of Children Act, 2016, the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 and the Sindh Prohibition of Employment of Children Act, 2017 which provide for a list of hazardous work prohibited to children under 18 years, include, in its list, work related to carpet weaving and glass bangle manufacturing. The violation of these provisions shall be punishable with imprisonment for up to six months and a fine of between PKR10,000 and PKR50,000. The Government indicates that in 2018 in the Province of Punjab, 12,934 inspections were carried out in the carpet weaving and glass bangle industry, 176 First Information Reports against the employers were lodged and 30 arrests were made. The Committee notes the Government’s information that a comprehensive work plan to eliminate child labour in these sectors will be designed in the Province of Sindh after assessing the findings of the ongoing child labour survey. The Government also indicates that the Government of Balochistan will be conducting a special inspection in carpet weaving industries to ensure withdrawal of children involved in child labour in this industry. The Committee requests the Government to provide information on the application in practice of the provisions prohibiting hazardous activities in the carpet and glass bangle manufacturing factories contained in the respective laws of the Provinces of Punjab, Sindh and KPK. It also requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in these sectors and the results achieved.

Article 6. Programme of action. Child bonded labour. In its previous comments, the Committee noted that the federal Government, in collaboration with the ILO, was in the process of developing a National Strategy to Eliminate Child and Bonded Labour. The Committee requested the Government to take the necessary measures to ensure the adoption of the National Strategy to Eliminate Child and Bonded Labour in the near future.

The Committee notes with interest the Government’s information that the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan (National Strategy) has been developed and adopted by the Ministry of Overseas Pakistanis and Human Resource Development (OP and HRD). This National Strategy aims to contribute to the abolition of child and bonded labour in Pakistan by providing a framework for the federal and the provincial Governments to reinforce coordinated implementation on their constitutional mandate through: (i) capacity development; (ii) policy integration and mainstreaming of child and bonded labour issues and concerns into key development policies, programmes and their budgets; (iii) strengthened law enforcement; (iv) enhancing the system of child and bonded labour data collection, analysis and use; (v) partnerships and resource mobilization; and (vi) Information, Education and Communication (IEC). The Committee notes the Government’s information that the National Strategy drives 18 recommendations of actions by the provinces in the efforts to eliminate child bonded labour from Pakistan. The Committee requests the Government to provide information on the implementation of the National Strategy and its recommendations to eliminate child bonded labour and its impact in eliminating child bonded labour. It also requests the Government to provide information on the implementation of any other projects at the provincial level to combat child bonded labour, and to provide information on the results achieved, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. The Committee noted the Government’s information that the Domestic Workers (Employment Rights) Bill which is applicable in the Islamabad Capital Territory (ICT Domestic Workers Bill) had been submitted to the Senate and was under review. The Bill provides equal treatment to domestic workers as workers in the formal sector, including in respect of the employment contract, occupational safety and health and social security coverage and introduces the minimum age of 18 years for live-in domestic workers. It also noted that the Government of Punjab had approved its Domestic Workers Policy and would be regulated soon. The Committee requested the Government to take the necessary measures to ensure that the Domestic Workers Bill and related legislation at the provincial levels are adopted in the near future.

The Committee notes the Government’s information that the ICT Domestic Workers Bill is still undergoing revision. It also notes the Government’s indication that the Punjab Domestic Workers Act 2019 has been passed while discussions and consultations with key stakeholders on the promulgation of the Balochistan Domestic Workers Regulation Bill 2017 are still ongoing. While welcoming the adoption of the Punjab Domestic Workers Act 2019, the Committee expresses the firm hope that the ICT Domestic Workers Bill and the Balochistan Domestic Workers Regulation Bill will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to regulate domestic work in other provinces. The Committee further requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures undertaken and the results achieved in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour and that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA. It noted that the BLSA was applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab, while Khyber Pakhtunkhwa (KPK) and Sindh provinces enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). The Committee requested the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour.

The Committee notes the Government’s information in its report that the BLSA was adapted in the Punjab province with certain amendments through the Punjab Bonded Labour System (Abolition) Amendment Act of 2018 which primarily aims at strengthening the ongoing system of inspections and reporting. The Government also indicates that the Balochistan Bonded Labour System (Abolition) Bill 2019 is awaiting approval from the Cabinet. The Committee further notes the Government’s information that the DVCs have been revitalized in all the 36 districts of Punjab and are working vigilantly to eradicate child bonded labour under the district administration, particularly in brick kilns and workshops. The provinces of Sindh, KPK and Balochistan are in the process of establishing DVCs. Provincial child and bonded labour units have been established in Punjab and KPK while Sindh, Balochistan and ICT are making efforts in this respect. The Government also indicates that the Sindh administration has registered and brought 740 brick kilns all over the province within the ambit of various labour laws, including the Sindh Prohibition of Employment of Children Act, 2015, in order to combat the menace of bonded labour. The Committee further notes the Government’s statement that the provinces are making efforts to strengthen institutional mechanisms for inspection and improvement in enforcement of labour laws on child and bonded labour, extension of coverage of such labour laws to the uncovered sectors and capacity development of inspection staff.

The Committee notes, however, from the National Commission for Human Rights Pakistan report entitled Towards Abolishing Bonded Labour in Pakistan, 2018 that over 1.3 million persons, including men, women and children in the brick kiln sector in Pakistan are working under conditions of debt bondage. This report further indicates that despite efforts by the Government and civil society, Pakistan remains a country with a large number of its workforce trapped in the systemic cycle of bondage. The Committee therefore urges the Government to intensify its efforts to eliminate child debt bondage, including through the effective implementation of the laws abolishing bonded labour and by establishing DVCs in all the provinces and strengthening their capacity as well as the capacity of the law enforcement officials responsible for the monitoring of child bonded labour. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, including the number of child bonded labourers identified by the DVCs and other law enforcement officials, the number of violations reported, investigations conducted, prosecutions, convictions and penal sanctions imposed. The Committee finally requests the Government to take the necessary measures to ensure that the Balochistan Bonded Labour System (Abolition) Bill 2019 is adopted in the near future.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and the special situation of girls. The Committee previously noted that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 11 July 2016, expressed concern at the large number of children (47.3 per cent of all children aged 5 to 16 years) who were not enrolled in formal education, of which the majority had never attended school and at the high dropout rate for girls, 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas (CRC/C/PAK/CO/5, paragraph 61). The Committee urged the Government to redouble its efforts to improve access to free basic education for all children, taking into account the special situation of girls.

The Committee notes the Government’s information that measures are being implemented to improve the enrolment of children in education, including the provision of monetary incentives through Khidmat ATM cards for vulnerable children and children involved in the worst forms of child labour. According to this scheme, 2,000 Pakistani rupees (PKR) shall be paid to the family while enrolling a child and thereafter PKR1,000 per month to each child enrolled after verification of their attendance at school. The Government indicates that more than 90,000 identified children working in brick kilns have benefited from this scheme. The Committee also notes the Government’s indication that the school enrolment rates have currently reached 50.6 million compared to 48 million during 2016–17, an increase by 5.3 per cent while the gender disparity has also narrowed. The Committee notes from the UNICEF 2018 Annual Report, Pakistan that the provincial governments have been engaged in developing key policies with UNICEF such as the Punjab Non-Formal Education (NFE) Policy and the Sindh NFE Policy to enrol 600,000 out-of-school children in school in five years and the KPK NFE policy which will be endorsed shortly. These policies ensure that children excluded from education have opportunities to learn and develop skills through alternative learning pathways (ALP). In 2018, 550 ALP centres in all four provinces received direct UNICEF support, reaching 17,500 children (44 per cent girls). Moreover, UNICEF supported 2,784 early childhood education (ECE) centres across the four provinces enabling 99,400 children (58 per cent girls) to acquire ECE. The Committee, however, notes from the UNICEF report that over 5 million children are out of school, 60 per cent of whom are girls, while the number increases drastically after primary level with 17.7 million adolescents aged 10–16 years, of whom 51 per cent are girls, who are outside formal education. The Committee further notes that according to UNESCO statistics, the net enrolment rate in primary education in 2018 was 67.7 per cent (61.6 per cent female and 73.37 per cent male) and at the secondary level was 38.53 per cent (36.38 per cent female and 40.51 per cent male). While noting the measures taken by the Government, the Committee must express its deep concern at the low enrolment rates at the primary and secondary education levels and at the high number of out-of-school children. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue its efforts to improve access to free basic education for all children, taking into account the special situation of girls. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. It also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. It further noted the Government’s information that the KPK Government had established a special centre for street children which provides street children with education, health, recreation, sports, boarding, food, career and psychological counselling, and other necessary facilities. However, the Committee noted, from the concluding observations of the CRC of 11 July 2016, that children living or working on the streets, or whose parents were in conflict with the law, were often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). The Committee requested the Government to strengthen its efforts to protect street children and to provide information on the measures taken in this regard.

The Committee notes an absence of information in the Government’s report on this issue. The Committee observes that according to information available in a 2019 report of the United Nations, entitled Pakistan’s street children, somewhere between 1.2 and 1.5 million children are thought to be on the streets of Pakistan’s major cities. These children, who often have little or no contact with their families, form one of the most vulnerable strata of society and are denied basic rights such as access to shelter, education and healthcare. These children are highly exposed to the risk of being drawn into abusive situations including engagement in child labour and subjection to sexual exploitation, trafficking and arbitrary arrest and detention. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect and withdraw these children from engaging in the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number of street children benefiting from shelter and other rehabilitative services.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, but it remained ineffective in practice as officials had not yet been able to secure a conviction under this Act. The Committee also noted that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA, with meetings being held regularly in most districts and that district complaint cells were also working under the DVCs. The Government also indicated that the Honourable Supreme Court of Pakistan issued a criminal petition in July 2013 directing the Government of Punjab to reactivate the vigilance committees as soon as possible, and that the Government was rigorously pursuing efforts to enforce this decision.

The Committee notes the Government’s information in its report that, the BLSA is still applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab. DVCs are now operational throughout the province of Punjab and 93 meetings were held during the last six months (May–November 2016). However, Khyber Pakhtunkhwa (KPK) and Sindh provinces have recently enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). DVCs will be re established in accordance with the rules framed under the new legislation. Recalling that child bonded labour is one of the worst forms of child labour, the Committee once again requests the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour. The Committee also requests the Government to provide information on the operation of the DVCs in ICT, Balochistan and Punjab, and on the re-establishment of monitoring bodies under the new legislation in KPK and Sindh.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s information that, the Criminal Law (Second Amendment) Act 2016 has been passed by the Parliament which makes amendments in the Pakistan Penal Code 1860 (PPC) and the Code of Criminal Procedure, 1898 (CrPC) by incorporating serious offences against children, such as child pornography, exposure to seduction, sexual abuse, cruelty to a child and trafficking in human beings. The Committee notes with interest that section 292B of the amended PPC explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child. Moreover, section 292C provides for penalties of imprisonment which may extend to seven years and for fines which shall not be less than 200,000 Pakistani rupees (PKR) (approximately US$1,900), and may extend to PKR700,000 (approximately $6,600). The Committee therefore requests the Government to provide information on the application of section 292B&C in practice, including the number of investigations, prosecutions, convictions and penalties imposed.

Article 6. Programme of action. Child bonded labour. The Committee previously noted the Government’s information on the continued implementation of the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. Through the “Fund for the education of working children and rehabilitation of freed bonded labourers”, free legal aid services were provided to bonded labourers in KPK, Punjab, Balochistan and Sindh Provinces, and 75 houses were constructed for the families of ex-bonded labourers in Sindh.

The Committee notes the Government’s information that the Punjab Government has initiated an integrated “Elimination of child and bonded labour” project for the promotion of decent work for vulnerable workers in all 36 districts, with a focus on child labour and bonded labour at brick kilns, along with the rehabilitation of freed labourers for their economic empowerment. The first phase of the project covers ten districts, aimed at rehabilitating 375,000 children through non-formal basic education and skills development, providing economic empowerment to 100,000 families of child labourers, amending and improving legislation relating to child labour, and enhancing the capacity of the inspection staff of provincial labour departments. The Punjab Government is also carrying out a pilot project in four districts (Chakwal, Jehlum, Jhong and Layyah), which focuses on the improvement of access to social services for children engaged in hazardous work and their families, including the provision of education, health services and skills training. The Committee also notes that the Balochistan Government is executing a project for combating the worst forms of child labour, while the KPK Government has adopted a development scheme providing for the establishment of a child and bonded labour unit in the labour department. Moreover, the federal government, in collaboration with the ILO, is currently working on a National Strategy to Eliminate Child and Bonded Labour. The Committee therefore requests the Government to continue its efforts to combat child bonded labour, and to provide information on the implementation of the abovementioned projects, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender. The Committee also requests the Government to take the necessary measures to ensure that the National Strategy to Eliminate Child and Bonded Labour is adopted in the near future, and to provide a copy once adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for victims. 1. Children working in hazardous work brick kilns. The Committee previously noted the large number of children working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. The Committee noted the Government’s statement that the provincial government of Punjab had launched a project to eradicate child labour in the brick kiln industry.

The Committee notes the Government’s indication that, in January 2016, Punjab province adopted the Prohibition of Child Labour at Brick Kilns Ordinance (now the Act), which prohibits the employment of children under 14 years of age in brick kilns and determines district coordination officers and police officers as inspectors. Since the promulgation of the Act, 8,926 inspections were carried out, 773 children were found in child labour, 220 kilns were sealed, 788 owners and occupiers were arrested, and 269 convictions were handed. Punjab has also created an online portal providing complete information on the number of operational brick kilns, including the number of families working in these kilns, information on children, as well as on the number of inspections conducted and prosecutions lodged. The Ministry of Overseas Pakistanis and Human Resource Development is urging the other provinces to enact necessary legislation and take proactive action in this regard.

The Committee further notes that the Punjab Government has also developed a scheme of assistance for children living and working in brick kilns. The package includes the provision of free uniforms, books, bags and shoes, an allowance of PKR2,000 (approximately US$20) per family upon the enrolment of their children in schools, and a monthly stipend of PKR1,000 (approximately $10) per student on maintaining the attendance. These amounts are distributed to the parents of kiln children through Khidmat cards which are issued by the Punjab Social Protection Authority. The Punjab Government has so far disbursed PKR85.45 million and issued Khidmat cards to 28,486 children working in brick kilns. While welcoming the measures undertaken by the Punjab Government to eliminate child labour in brick kilns, the Committee requests the Government to pursue its efforts to protect children under 18 years of age engaged in the brick kiln sector from hazardous work and forced labour, and to provide information on the results achieved, particularly on the number of children removed from working in brick kilns through inspections and the number of children provided with direct assistance for their rehabilitation and social integration. The Committee also requests the Government to provide information on the progress made in other provinces in this regard.

2. Children working in carpet weaving, tanneries, and the glass bangle industry. The Committee previously noted that despite several projects aimed at withdrawing children from work in carpet weaving, a significant number of children continue to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that a national project targeting those children could not go ahead due to the lack of funds. The Committee further noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry used children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals.

The Committee notes the Government’s information that the Employment of Children Act 1991, the newly enacted laws in KPK and Punjab, as well as the draft laws in ICT, Balochistan and Sindh prohibit the employment of children in carpet weaving, tanneries and the glass bangle industry. Noting an absence of information regarding other measures taken to address child labour in carpet weaving, tanneries and glass bangle industry, the Committee requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in these sectors.

Clause (d). Identifying and reaching out to children at special risk. 1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. The Committee also noted the Government’s statement that Provincial Child Protection Bureaux were working to address the issue of child domestic workers, and that complaints cells were operational in Ombudsmen offices at the federal and provincial levels.

The Committee notes the Government’s information that the Domestic Workers (Employment Rights) Bill has been submitted to the Senate and is under review. The Bill is only applicable to the Islamabad Capital Territory (ICT); however, once adopted, it can serve as a model law which would enable the provincial governments to adopt related legislation and apply them at the provincial level. The Bill provides equal treatment to domestic workers as workers in the formal sector, including in respect of the employment contract, occupational safety and health and social security coverage. The Bill also introduces the minimum age of 18 years for live-in domestic workers. The Committee also notes that the Government of Punjab has recently approved its Domestic Workers Policy and will regulate it soon in the province. The Committee therefore requests the Government to take the necessary measures to ensure that the Domestic Workers (Employment Rights) Bill and related legislation at the provincial level are adopted in the near future. The Committee also requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures undertaken and the results achieved in this regard.

2. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. However, it also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. The Committee further noted the Government’s statement that the provincial child protection bureaux were working to tackle the issue of street children. It indicated that these bureaux have their own schools with residential facilities.

The Committee notes the Government’s information that the KPK Government has established a special centre for street children (Zamung Kor-Our Home) on 20 November 2015, which has the capacity of housing 1,000 children. The Centre provides street children with education, health, recreation, sports, boarding, food, career, psychological counselling and other necessary facilities. However, the Committee notes, from the concluding observations of the Committee on the Rights of the Child (CRC) of 11 July 2016, that children living or working on the streets, or whose parents are in conflict with the law, are often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect these children. It also requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number of street children benefiting from shelter and other rehabilitative services.

Article 8. International cooperation and assistance. 1. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking, and that it was working with the International Organization for Migration (IOM) to conduct a counter-trafficking programme to create 18 district task forces to combat human trafficking. The IOM was also supporting the establishment of a dialogue on migration management within South-West Asia. The Committee also noted that negotiations were under way with the Governments of Afghanistan and the Islamic Republic of Iran on this subject with the coordination of the IOM. It also noted that the Government was collaborating with the United Nations Office on Drugs and Crime (UNODC) on measures to combat trafficking in persons.

The Committee notes the absence of information in the Government’s report in this regard. However, the Committee also notes that, the UNODC is implementing a project aimed at strengthening responses against human trafficking and migrant smuggling for the period of 2016–19. The Committee encourages the Government to pursue and strengthen its regional cooperation efforts to combat the trafficking of persons under 18 years of age, including through the establishment of bilateral agreements and projects coordinated by the UN agencies. It requests the Government to provide information on the progress achieved in this regard.

3. Poverty reduction. The Committee previously noted the Government’s statement identifying increasing poverty as the main cause of child labour and child trafficking. The Committee further noted that the ILO had provided inputs to the Poverty Reduction Strategy Paper II (PSRP-II), highlighting the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour. According to the information contained in the Midyear Finance Report of the PRSP-II, funding had been allocated to the National Centre for Rehabilitation of Child Labour as well as to provide microcredit support to families and to support vocational training for adolescents.

The Committee notes, from the Annual PRSP Progress Report for Fiscal Year 2014–15, that the Child Support Programme, the National Centre for Rehabilitation of Child Labour and the Vocational/Dastkari schools saw a growth in disbursement, but a decrease in the number of beneficiaries. The Committee also notes, from the Pakistan Country Development Landscape 2014 by the World Bank, that Pakistan has made impressive progress in reducing absolute poverty during the last two decades. According to the World Bank Poverty and Equity Data, the poverty headcount ratio of people living below the national poverty line has fallen from 64.3 per cent in 2001 to 29.5 per cent in 2013, while the headcount ratio of people living on less than $1.90 a day (international standards) has fallen from 28.7 per cent in 2001 to 6.1 per cent in 2015. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee welcomes the results achieved in poverty reduction and requests the Government to continue to provide information on the impact of measures taken within the framework of the PRSP-II on the elimination of the worst forms of child labour.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Pakistan Workers Federation (PWF) received on 19 October 2017. The Committee requests the Government to provide its reply to these observations.

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that terrorist activity had been minimized following military operations in the affected regions of the country, and that the recruitment of children for terrorist activities had been reduced. The Government also indicated that an awareness-raising campaign was carried out by law enforcement agencies in cooperation with religious leaders on the offence of recruiting children for armed conflicts, with positive results. The Committee also noted from the information contained in the report of the UN Secretary-General on children and armed conflict that, in 2011, 11 incidents were reported of children being used by armed groups to carry out suicide attacks, involving ten boys, some as young as 13, and one 9-year-old girl. This report also indicated that a rehabilitation and reintegration programme in Malakland for children taken into custody by the Pakistan security forces due to alleged association with armed groups, received 29 new cases in 2011.

The Committee notes the Government’s information that in its report it is making utmost efforts to prevent the use of children by terrorist and extremist groups. Punitive action is being taken against those who use children for terrorist activities. The Government also indicates, in its written replies to the Committee on the Rights of the Child (CRC) of 11 April 2016, that Pakistan’s armed forces do not deploy persons under the age of 18, and that terrorists cannot legally recruit any person including children because formation of private military organisations is prohibited under article 256 of the Constitution and the Private Military Organisations (Abolition and Prohibition) Act of 1973 (CRC/C/PAK/Q/5/Add.1, paragraph 65). However, the Committee notes that the CRC expressed its grave concern in its concluding observations of 11 July 2016 that children continue to be targeted for recruitment and training by armed groups for military activities, which include suicide bombing and detonating landmines, and are transferred to the front lines of conflict areas. The CRC states that insufficient measures have been taken by the Government to prevent such recruitment (CRC/C/PAK/CO/5, paragraph 69). The Committee must express its deep concern at the situation of children affected by the armed groups in Pakistan. The Committee therefore urges the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use by armed groups, and proceed with the full and immediate demobilization of all these children. It urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed.

Articles 3(a) and 7(2)(b). Sale and trafficking of children and direct assistance to victims. The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. The Committee noted the Government’s statement that the Federal Investigating Agency (FIA) in Pakistan is responsible for the implementation of the PCHTO. The Committee also took note of the Anti-Human Trafficking report provided with the Government’s report, which indicated that until 31 October 2009, 235 child victims of trafficking had been identified (95 boys and 140 girls). This report indicated that 21,735 cases against traffickers were registered, which resulted in 3,371 convictions, as well as 147 disciplinary cases against law enforcement officers for complicity.

The Committee notes the Government’s information that the Criminal Law (Second Amendment) Act 2016 has been adopted, which adds section 369A to the Penal Code providing for imprisonment of five to seven years, or a fine from 500,000 Pakistani Rupee (PKR) to PKR700,000, or both, for the trafficking of human beings. The Committee notes, from the Government’s written replies to the list of issues in relation to the fifth periodic report to the CRC of 11 April 2016, that during the reporting period (from 2009 onwards), 1,679 persons allegedly involved in human trafficking cases were arrested by the FIA (CRC/C/PAK/Q/5/Add.1, paragraph 62). However, the Committee notes that the CRC expressed its concern, in its concluding observations on the fifth periodic report of 11 July 2016, that Pakistan remains a significant source, destination and transit country for children trafficked for purposes of commercial sexual exploitation and forced or bonded labour (CRC/C/PAK/CO/5, paragraph 75). The Committee also notes from the Global Report on Trafficking in Persons 2016 of UNODC that, from January to September 2015, 287 child victims of internal trafficking were identified; while in 2013 and 2014, 402 and 571 child victims were identified respectively. However, no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate trafficking in children, and to provide information on the measures taken in this regard, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18. The Committee also urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services for the purposes of rehabilitation and social integration. It further requests the Government to provide information on the concrete measures taken in this regard and the results achieved, including the number of children reached through the measures taken.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2)(a) and (e). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education and special situation of girls. The Committee previously noted that, under the Education Sector Reform Programme, the provinces were taking measures, including to increase the availability of schools in rural areas, to provide free text books, recruit teachers and focus on female education. However, the Committee also noted the information in the report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 August 2012, that as many as 7.3 million primary school-age children (57 per cent of which were girls) were out of school (A/HRC/WG.6/14/PAK/2, paragraph 57). It also noted the information contained in United Nations Educational, Scientific and Cultural Organization (UNESCO) 2012 “Global Monitoring Report – Education for All” that, while Pakistan had the second largest number of out-of-school children in the world, it continued to reduce education spending.

The Committee notes the absence of information on this topic in the Government’s report. However, the Committee notes that the CRC, in its concluding observations of 11 July 2016 (CRC/C/PAK/CO/5, paragraph 61), expressed its concern at the absence of a compulsory education law in Khyber Pakhtunkhwa (KPK) province and the Gilgit-Baltistan autonomous administrative territory, and the poor enforcement of education laws in provinces where they do exist. Moreover, a large number of children (47.3 per cent of all children aged 5 to 16 years) were not enrolled in formal education, of which the majority have never attended school. In addition, the dropout rate for girls is reportedly as high as 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas. The Committee must express its deep concern at the low enrolment rates in formal education and the high drop-out rates among girls. Considering that free basic education is one of the most effective means of preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve access to free basic education for all children, taking into account the special situation of girls. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that ILO–IPEC undertook consultations with the Federal Bureau of Statistics with a view to carrying out a National Survey on Child Labour. However, the Committee notes the information from ILO–IPEC of September 2012 according to which agreement on a methodology for the survey was not possible, and that the survey was therefore cancelled.

The Committee notes the Government’s indication that, with the assistance of UNICEF, child labour surveys are being organized in provinces. The Committee also notes that, the International Labour Standards Unit in the Ministry of Overseas Pakistanis and Human Resources Development and created the first detailed national profile on child labour and children in employment, based on the available information from the Labour Force Survey, published from 2010 onwards, using the ILO Global Estimation Methodology on Child Labour. According to this national profile, 3.7 million children are engaged in child labour, of which 2.067 million (55 per cent) are in the 10–14 year age group, while the remaining 1.641 million (45 per cent) are in the 15–17 year age group and engaged in hazardous work. Among the children aged 15–17 years engaged in hazardous work, 89 per cent (1.47 million) are boys. The Committee expresses its deep concern at the high number of children engaged in hazardous work in Pakistan. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, particularly hazardous types of work, and requests it to continue providing information on any progress made in this respect and on the results achieved. The Committee also requests the Government to continue to provide information regarding the child labour surveys organized in the provinces, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by age and gender, and nature of the work performed.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for any unlawful and immoral purpose, commits an offence. Pursuant to section 373 of the Code, it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for other immoral purposes. In addition, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for the purpose of sale, distribution or circulation, make or produce obscene books, drawings, representations or any other object.

In this regard, the Committee notes the Government’s statement that it has referred to the Ministry of Law, Justice and Human Rights for clarification on this issue. The Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low. However, the Committee noted that the Government was implementing measures to address the high number of out-of-school children, including providing incentives for school attendance to poor and disadvantaged children, promoting girls’ education and operating non-formal basic education schools. Nonetheless, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, 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 notes that, pursuant to the 18th Constitutional Amendment, article 25A of the Constitution provides that the State shall provide free and compulsory education to all children between the ages of 5 to 16 years, in such manner as may be determined by law. The Government indicates that the subject of education lies with the provinces. Under the Education Sector Reform Programme the provinces are taking measures, including to increase the availability of schools in rural areas, to provide free text books, to recruit teachers and to focus on female education. However, the Committee notes the information in the report prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 13 August 2012 that as many as 7.3 million primary school-age children (57 per cent of which are girls) are out of school (A/HRC/WG.6/14/PAK/2, paragraph 57). It also notes the information in UNESCO’s 2012 Global Monitoring Report – Education for All that, while Pakistan has the second largest number of out-of-school children, yet it continues to reduce education spending. Considering that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve access to education, taking into account the special situation of girls. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing school enrolment rates and reducing the school drop-out rates and the number of out-of-school children.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee previously noted that the Child Protection and Rehabilitation Bureau (CPRB) was responsible for housing returned camel jockeys from the United Arab Emirates (UAE) and for facilitating their reintegration within their families and communities. The Government indicated in its report to the CRC of 19 March 2009 that, through the programme to return and reintegrate under-age camel racers (implemented as a collaboration between the Government, UNICEF and the UAE), a total of 331 former camel jockeys have been repatriated and have been reunited with their families through the CPRB. However, the Committee also noted that despite the services provided to victims of trafficking, governmental officials continued to lack adequate procedures and resources for proactively identifying victims of trafficking among vulnerable persons with whom they came into contact.

The Committee notes the information in the annual Anti-Human Trafficking report that until October 2009, 105 women and child victims of trafficking had been referred to shelter homes for lodging, boarding, medical care, rehabilitation and psychological services. The Government also indicates that since 2007–08, the issue of child camel jockey has been a priority, and that this issue is handled by the Federal Investigative Agency, in coordination with NGOs and the Government of the UAE. In this regard, the Committee also notes the information from UNICEF that it has collaborated with the CPRB to provide support to more than 600 child camel jockeys repatriated from the UAE. The Committee requests the Government to continue to take measures to remove, rehabilitate and provide for the social integration of child victims of trafficking. In this regard, it requests the Government to take measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services. It further requests the Government to provide information on the concrete measures taken in this regard and the results achieved, including the number of children reached through the measures taken.

2. Children working in the carpet industry. The Committee previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. The Committee noted that despite several projects aimed at withdrawing children from work in this industry, a significant number of children continue to work in carpet weaving. These children suffer eye and lung diseases due to unsafe working conditions. It requested information on a national project to withdraw children from the carpet industry.

The Committee notes the Government’s indication that the project could not go ahead due to a lack of funds. Noting an absence of information regarding other measures taken to address child labour in the carpet industry, the Committee requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in this sector, in its next report.

3. Children working in brick kilns. The Committee previously noted that work in the kilns is a particularly hazardous occupation for children, and that nearly half of the children under 14 working in brick kilns worked for more than ten hours a day without any safeguards. It also noted the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that most of the bonded labourers in Punjab are confined to brick kilns. The Government indicated in this report that it is working to register brick kiln workers (CRC/C/PAK/Q/3 4/Add.1, paragraph 68). It further noted that several projects were under way to withdraw children working in this sector.

The Committee notes the Government’s statement that the provincial government of Punjab has launched a project to eradicate child labour in the brick kiln industry in two districts. Efforts are also on-going in other provinces to initiate similar projects. The Government also indicates that a survey of brick kilns has been completed in the provinces of Punjab and Sindh, involving the registration of brick kilns. The Committee requests the Government to continue to take measures to protect children under 18 engaged in the brick kiln sector from hazardous work and forced labour. It requests the Government to provide information on progress made in this regard and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. It also noted that the CRC, in its concluding observations of 19 October 2009, expressed concern that there were insufficient programmes to identify and protect victims of child labour in the informal economy, including in domestic work (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that Provincial Child Protection Bureaus are working to address the issue of child domestic workers. The Government indicates that complaints cells are operational in Ombudsmen offices at the federal and provincial levels. The Committee requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures taken in this regard as well as the results achieved.

2. Children working in glass bangle making and tanneries. The Committee previously noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. Noting several programmatic measures being undertaken, the Committee requested the Government to pursue its efforts to protect children working in the glass bangle making and tanneries sectors from the worst forms of child labour.

The Committee notes the Government’s statement that it is taking note of the Committee’s comments and will request the provinces to take measures to protect children in these two industries. The Committee requests the Government to provide information on the concrete steps taken to reach out to children working in glass bangle making and tanneries, as well as the results achieved, in its next report.

3. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect these children. The Committee also noted the information in the Government’s report to the CRC of 19 March 2009 that there were an estimated 5,000 street children in Lahore and 10,000 such children in Karachi (CRC/C/PAK/3-4, paragraph 684). The Committee further noted that the CRC, in its concluding observations of 19 October 2009, expressed concern at the increasing number of children in street situations throughout the country and the vulnerability of these children to exploitation (CRC/C/PAK/CO/3-4, paragraph 95). However, it also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and Khyber Pakhtunkhwa.

The Committee notes the Government’s statement that the Provincial Child Protection Bureaus are working to tackle the issue of street children. It indicates that these Bureaus have their own schools with residential facilities. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect these children. It also requests the Government to provide information on the specific measures taken in this regard, and on the results achieved, particularly the number of street children benefiting from shelter and other rehabilitative services.

Article 8. International cooperation and assistance. 1. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking, and that it was working with the International Organization for Migration (IOM) to conduct a counter-trafficking programme to create 18 district task forces to combat human trafficking. The IOM was also supporting the establishment of a dialogue on migration management within South-West Asia. Nonetheless, it noted that transnational trafficking in the region persisted and that persons, including children, were trafficked between the Islamic Republic of Iran and Pakistan, and to Pakistan from Afghanistan and Azerbaijan for the purpose of forced labour and prostitution.

The Committee notes the Government’s statement that negotiations are under way with the Governments of Afghanistan and the Islamic Republic of Iran on this subject, and that the IOM is coordinating this process. It also notes that the Government is collaborating with the United Nations Office on Drugs and Crime on measures to combat trafficking in persons. The Committee encourages the Government to pursue and strengthen its regional cooperation efforts to combat the trafficking of persons under 18 years of age, including through the establishment of bilateral agreements. It requests the Government to continue provide information on the progress achieved in this regard in its next report.

2. Poverty reduction. The Committee previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. The Committee also noted the Government’s statement identifying increasing poverty as the main cause of child labour and child trafficking. It further noted that the Poverty Reduction Strategy Paper (PRSP) was launched in 2003, and that a PRSP-II was in the process of being finalized. The ILO had provided inputs to the PRSP-II, highlighting the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour.

The Committee notes the information in the Midyear Finance Report of the PRSP-II that, through the project, funding has been allocated to the National Centre for Rehabilitation of Child Labour as well as to provide microcredit support to families and to support vocational training for adolescents. The Committee also notes the information from the UN country team in the report prepared by the OHCHR for the UPR that despite plans to alleviate poverty, the capacity to implement such measures and achieve impact at the local level remains an issue (A/HRC/WG.6/14/PAK/2, paragraph 42). Recalling that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of measures taken within the framework of the PRSP-II on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that ILO–IPEC undertook consultations with the Federal Bureau of Statistics for the carrying out of a National Survey on Child Labour. However, the Committee notes the information from ILO–IPEC of September 2012 that agreement on a methodology for the survey was not possible, and the survey was therefore cancelled. The Committee encourages the Government to take the necessary measures to ensure that sufficient up-to-date data on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child trafficking, bonded labour and hazardous work. It requests the Government to provide this information in its next report, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. It notes with interest that this technical assistance resulted in the development of action plans, by each of the provincial governments, to concretely address the comments of the Committee, including the adoption of legislation establishing a minimum age of 18 for engagement in hazardous work. In this regard, the Committee notes the indication contained in the mission report of the tripartite inter-provincial workshop carried out in May 2013 within the framework of the SPA project according to which each province planned to adopt this draft legislation by the end of December 2013.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. Nonetheless, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, expressed concern that Pakistan remains a significant source, destination and transit country for children trafficked for the purposes of commercial sexual exploitation and forced and bonded labour (CRC/C/PAK/CO/3-4, paragraph 95). The Committee further noted the allegations of the International Trade Union Confederation (ITUC) indicating that human trafficking is a serious problem in Pakistan, and that women and children reportedly arrive from various countries in the region, many to be bought and sold in shops and brothels and that, in some rural areas, children are sold into debt bondage.

The Committee notes the Government’s statement that the situation in the country is not as grave as the ITUC indicates and that the Federal Investigating Agency in Pakistan is responsible for the implementation of the PCHTO. The Committee also takes note of the Anti-Human Trafficking report provided with the Government’s report, which indicates that until 31 October 2009, 235 child victims of trafficking had been identified (95 boys and 140 girls). This report indicates that 21,735 cases against human traffickers were registered, which resulted in 3,371 convictions, as well as 147 disciplinary cases for law enforcement officers for complicity. The Committee also notes the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 August 2012 that the child protection issues negatively affected by floods remain in the country, including trafficking and exploitation (A/HRC/WG.6/14/PAK/2, paragraph 31). Therefore, while taking due note of the measures taken, the Committee once again urges the Government to strengthen its efforts to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18.

2. Debt bondage. In its previous comments, the Committee noted the ITUC’s indication that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour were mostly reported in agriculture, construction (in particular in rural areas), brick kilns and the carpet making sector. The Committee also noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, but noted that it remained ineffective in practice as officials had not yet been able to secure a conviction under this Act. The Committee further noted measures to address this phenomenon, such as the adoption of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers, and an action programme to provide health services and education and skills training to child bonded labourers working in mines within the national Time-bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16. Moreover, district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA, but that there were reports of serious corruption within these committees.

The Committee notes the Government’s statement that the DVCs are functional, with meetings being held regularly in most districts and that district complaint cells are also working under the DVCs. The Government indicates that there are no issues relating to corruption, as the DVCs do not operate or manage accounts. It further states that since forced labour is a socio-cultural and economic issue, its exposure is not possible through labour inspection alone, but requires society as a whole to expose it.

The Committee also notes the Government’s information on the continued implementation of the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. Through the “Fund for the education of working children and rehabilitation of freed bonded labourers”, free legal aid services have been provided to bonded labourers in Khyber Pakhtunkhwa, Punjab, Balochistan and Sindh, and 75 houses were constructed for the families of ex-bonded labourers in Sindh. Moreover, the “Elimination of bonded labour in brick kilns” project is being implemented in two districts in Punjab. This project included the establishment of 200 non-formal education centres at brick kilns for 9,199 learners, the provision of health and hygiene services and the disbursement of interest-free microcredit loans to 3,132 workers. In addition, a project entitled “Strengthening law enforcement responses and action against internal trafficking and bonded labour” was started in 2010 by the ILO in the provinces of Sindh and Punjab, with the aim of engaging with brick kiln owners, to institute practices towards the eradication of bonded labour, and efforts to link brick kiln workers with social safety nets. The Government also indicates that the Honourable Supreme Court of Pakistan issued a criminal petition in July 2013 directing the Government of Punjab to reactivate the vigilance committees as soon as possible, and that the Government is rigorously pursuing efforts to enforce this decision. Recalling that child bonded labour is one of the worst forms of child labour, the Committee requests the Government to continue to take the necessary effective and time-bound measures to eliminate child debt bondage. It also requests the Government provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration, including the number of children reached through these initiatives. The Committee further requests the Government to take the necessary measures to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour, to ensure the effective implementation of the BLSA.

3. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the CRC, in its concluding observation of 19 October 2009 expressed deep concern at reports of madrasas being used for military training, as well as instances of recruitment of children to participate in armed conflict and terrorist activities. The CRC expressed grave concern with regard to reports of forced under-age recruitment and training of children by non state actors for armed actions and terrorist activities, including suicide attacks, and at the lack of preventive measures, including awareness raising, and physical and psychological recovery for children affected by armed conflict (CRC/C/PAK/CO/3-4, paragraph 80).

The Committee notes the Government’s statement that the activities of terrorists have been minimized following military operations in the affected regions of the country, and that the recruitment of children for terrorist activities has been reduced. The Government also indicates that an awareness campaign was carried out by law enforcement agencies in cooperation with religious leaders on the offence of recruiting children, with positive results. The Committee notes the information in the report of the Secretary-General on child and armed conflict of 26 April 2012 that, in 2011, 11 incidents were reported of children being used by armed groups to carry out suicide attacks, involving ten boys, some as young as 13, and one 9-year-old girl. This report also indicates that a rehabilitation and reintegration programme in Malakland for children taken into custody by the Pakistan security forces for alleged association with armed groups received 29 new cases in 2011(S/2012/261, paragraphs 141 and 146). Recalling that the forced recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to bring an end in practice to the forced recruitment of persons under 18 years of age by armed groups. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted the statement in the communication of the Pakistan Workers’ Federation (PWF), that a large number of children in Pakistan are employed in hazardous work, particularly in the brick kiln, glass and leather industries, and in the informal economy. The Committee also noted that the national legislation only prohibited the employment of children under 14 in a variety of occupations. In this regard, the Committee recalled that under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee notes the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters has been transferred to the provinces. The Committee notes with interest the Government’s indication that the four provinces have, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of persons under 18 years in hazardous types of work. The Committee notes the statement in the Government’s report that the provinces are in the final stage of preparation to present the draft law to their respective provincial legislative assemblies. In the province of the Punjab, the draft has been sent to the Provincial Cabinet for approval and will subsequently be sent to the Provincial Assembly. In addition, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour will be undertaken. The Committee requests the Government to take the necessary measures to ensure that, in conformity with Article 3(d) of the Convention, this draft Prohibition of Employment of Children Act prohibiting the employment of persons under 18 in hazardous types of work is adopted in each of the four provinces in the near future and is implemented effectively. It also requests the Government to take the necessary measures, following consultation with the organizations of employers and workers concerned, to determine the types of hazardous employment or work prohibited to young persons under 18, in conformity with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the ITUC’s indication that the number of labour inspectors is insufficient, that they lack training and that they may be open to corruption. The ITUC added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee also noted the PWF’s statement that the Government should take more effective measures to monitor the use of child labour in the informal economy.

The Committee notes the Government’s statement that building the capacity of labour inspectors, to improve the implementation of labour laws, is a priority area for the Government. The provincial labour departments each have training centres for inspectors, and provide training on child labour. The Committee also notes the information from ILO–IPEC that measures have been taken within the Combating Abusive Child Labour II Project towards the establishment of a child labour monitoring system in the districts of Sukkur and Sahiwal. The Committee requests the Government to pursue its efforts to strengthen the capacity of the labour inspection system, to enable the labour inspectors to effectively monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the specific measures taken in this regard, including measures to train labour inspectors and provide them with adequate human and financial resources. Lastly, the Committee requests the Government to provide information on the development of child labour monitoring systems in the country.

Article 7(1). Penalties. The Committee previously noted the ITUC’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that when prosecution did occur, the fines imposed are usually insignificant. The Committee also noted the statement of the All Pakistan Federation of Trade Unions (APFTU) that, although child labour is prohibited by national legislation, child labour and its worst forms are still widespread.

The Committee notes the Government’s statement that the draft of the Prohibition of Employment of Children Act of each of the provinces contains enhanced penalties for offences relating to child labour. The Committee recalls that by virtue of Article 7(1) of the Convention, the Government must take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee urges the Government to pursue its efforts to enhance the penalties for violations related to the worst forms of child labour legislation, and to ensure that the draft Prohibition of Employment of Children Act, containing stronger penalties, is adopted in the near future. It also requests the Government to strengthen its efforts to ensure that persons who violate the legal provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose, commits an offence. It noted that it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee also observed that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for the purpose of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. It requested the Government to clarify the meaning and scope of these sections. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code include the prohibition of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 6. Programmes of action. Commercial sexual exploitation of children. The Committee previously noted that a draft national plan of action on the commercial sexual exploitation of children and child sexual abuse was still being finalized to be submitted to Cabinet for review and approval. It requested the Government to provide information on the status of this national plan of action.

The Committee noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC) of 19 March 2009 that the national plan of action for children, approved in 2006, included measures to combat the commercial sexual exploitation of children (CRC/C/PAK/3-4, paragraph 685). The Government also indicated in this report that a national child protection policy, containing elements addressing commercial sexual exploitation, has been drafted and submitted to Cabinet. However, the Government indicated in its reply to the list of issues of the CRC of 1 September 2009 that the national child protection policy had yet to be adopted (CRC/C/PAK/Q/3-4/Add.1, paragraph 10). The Committee requests the Government to provide information on the status of the national child protection policy and, once adopted, its impact on protecting children from commercial sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low. Independent surveys undertaken in the Karachi area suggested that about 25 per cent of school-age children attend primary education. The Committee also noted the Government’s indication that the education system lacks infrastructure, facilities and qualified and trained teachers. The Committee further noted that the National Education Policy of 1998–2010 assigns basic education as a top priority and stresses that quality and access to elementary education shall be increased.

The Committee noted the information in the Government’s reply to the list of issues raised by the CRC of 1 September 2009 regarding the measures being implemented to address the high number of out of school children. These include providing incentives for school attendance (such as food) to poor and disadvantaged children, promoting girls’ education through a joint project with the United Nations Population Fund (UNFPA), the operation of 13,000 non-formal basic education schools, and an overall increase of the budget for education (CRC/C/PAK/Q/3-4/Add.1, paragraph 63). However, the Committee noted that the CRC, in its concluding observation of 19 October 2009, 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). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, particularly with regard to increasing school enrolment and completion rates and reducing the school drop-out rates. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. It also noted the establishment of the project to prevent and eliminate exploitative child domestic work through education and training in South Asia (PEECDW) in 2004. The ILO–IPEC action programme “Child domestic work project: Basic enabling education programme (non-formal)” was implemented from 2005 to 2006 within the framework of the PEECDW. This action programme targeted 1,000 child domestic workers for their withdrawal.

The Committee noted the information in the Government’s report to the CRC of 19 March 2009 that, as a follow-up to the ILO–IPEC project, a child domestic labour project was launched in 2006–07 to reach out to over 1,500 children. The Government indicates in this report that ten centres (five in Rawalpindi and five in Islamabad) were established to provide educational and training opportunities to girls. Six of the centres were operating in government schools, which facilitated the mainstreaming of these child domestic workers into formal education (CRC/C/PAK/3-4, paragraph 588). The Committee also noted that children (both boys and girls) working as domestic help are one of the six main target groups of the “Combating child labour through education and training (support to the TBP: Phase II)”. Nonetheless, the Committee noted that the CRC, in its concluding observations of 19 October 2009 expressed concern that there are insufficient programmes to identify and protect victims of child labour in the informal sector including domestic work (CRC/C/PAK/CO/3-4, paragraph 88). The Committee expresses its concern at the situation of child domestic workers in Pakistan, and therefore urges the Government to strengthen its efforts to protect and withdraw these children from exploitative and hazardous work. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Children working in glass bangle making and tanneries. The Committee previously noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. The Committee also noted that within the framework of the ILO–IPEC project “Supporting TBP on the elimination of the worst forms of child labour in Pakistan”, several activities were undertaken to protect children from these worst forms in the glass bangle making and the tanneries sectors. These included the action programmes entitled “The elimination of worst forms of child labour from the glass bangle industry in Hyderabad district” and “Elimination of worst forms of child labour from tannery industries in Kasur district”.

The Committee noted the information in the FTPR of 14 September 2008 that, the action programme focusing on children working in leather tanneries in Kasur resulted in the provision of technical and vocational skills training to 63 children. In addition, 302 children completed literacy courses through this action programme, 328 children received health screenings and 19 families were linked to credit facilities, 50 school teachers received training on the consequences of the worst forms of child labour, and a district education plan that addressed the educational needs of child labourers was developed and disseminated. The Committee also noted the information in the ILO–IPEC FTPR of 14 September 2008 that the action programme, targeting children working in the manufacture of glass bangles in Hyderabad, resulted in the provision of non-formal education to 3,296 children aged 5–14, and the mainstreaming of many of these children into formal education. Additionally, the Committee noted that through this action programme, 320 children were imparted with technical and vocational skills training, 1,502 children (15–17 years) were imparted with literacy and numeracy at literacy centres and 2,099 families were linked with the microcredit facilities. The Committee encourages the Government to pursue its efforts within the framework of the TBP 2008–16 to protect children working in the glass bangle making and tanneries sectors from the worst forms of child labour.

Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee noted that the Government of Punjab had established a Child Protection and Rehabilitation Bureau (CPRB) which had launched a rehabilitation centre in the Rahim Yar Kan, with plans to open five further centres.

The Committee noted the information in a 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 (www.unhcr.org) that the provincial Punjab Government did establish programmes to protect and rehabilitate street children, in particular beggars in five districts, with a budget of US$1.8 million for these programmes. The Committee also noted the information in the Government’s report to the CRC of 19 March 2009 that centres for the rehabilitation of street children and other vulnerable groups provide nutrition, rehabilitation and educational opportunities to street children living in the provinces of Punjab, Sindh and North-West Frontier Province (CRC/C/PAK/3-4, paragraphs 685 and 686). However, the Committee noted the Government’s indication in this report that there are an estimated 5,000 street children in Lahore and 10,000 such children in Karachi (CRC/C/PAK/3-4, paragraph 684). The Committee further noted that the CRC, in its concluding observations of 19 October 2009, expressed concern at the increasing number of children in street situations throughout the country and the vulnerability of these children to exploitation (CRC/C/PAK/CO/3-4, paragraph 95). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue its efforts to withdraw and rehabilitate these children. It requests the Government to provide information on the results achieved, particularly the number of street children benefiting from shelter and other rehabilitative services.

Article 8. International cooperation and assistance. Poverty reduction. The Committee previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It also noted that, according to the poverty reduction strategy paper (PRSP) entitled “Accelerating economic growth and reducing poverty: The road ahead” launched in 2003, measures were to be taken to achieve high and sustained broad-based economic growth, particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. However, the Committee noted that, according to an ILO–IPEC technical progress report of February 2007, the PRSP did not pay specific attention to the poor and vulnerable, but that the Government was formulating a PRSP-II with the recommendations of ILO–IPEC.

The Committee noted the statement in the ILO–IPEC FTPR of 14 September 2008 that the Government was in the process of finalizing the PRSP-II. This FTPR indicates that the ILO provided inputs through a technical paper, prepared with the Ministry of Labour, UNICEF, Save the Children UK, and some national NGOs, which highlighted the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour. As of the Government’s report to the CRC in March 2009, the PRSP-II had yet to be adopted (CRC/C/P AK/3-4, paragraph 335). However, the Committee noted the Government’s statement in this report that a recent study identified increasing poverty as the main cause of child labour and child trafficking. This study recommended that Government action against trafficking needed to include a focus on poverty eradication. The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the PRSP-II. It also requests the Government to provide information on any notable impact of the PRSP-II towards eliminating the worst forms of child labour.

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

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

Repetition

The Committee noted the Government’s report and the communication of the Pakistan Workers’ Federation (PWF) of 31 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) indicating that human trafficking is a serious problem in Pakistan, including the trafficking of children. The ITUC also stated that women and children reportedly arrive from various countries in the region, many to be bought and sold in shops and brothels and that, in some rural areas, children are sold into debt bondage. The Committee observed that section 370 of the Penal Code prohibits the sale and trafficking of persons for the purpose of slavery and that, pursuant to sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. However, the Committee also observed that a legal review of the PCHTO (undertaken within the framework of combating child trafficking for labour and sexual exploitation (TICSA project)) concluded that the definition of “human trafficking” in the PCHTO focuses on interstate trafficking and ignores trafficking within Pakistan, which is prevalent in the country. In this regard, a tripartite regional workshop made recommendations to amend the legislation.

The Committee noted an absence of information in the Government’s report on any measures taken pursuant to the legal review. It noted the information in a report of 14 June 2010 on the trafficking of persons in Pakistan available on the website of the Office of the United Nations High Commissioner for Refugees (Trafficking Report) that the Government secured convictions of 385 persons under the PCHTO in 2009, a substantial increase from 2008. Nonetheless, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, expressed concern that Pakistan remains a significant source, destination and transit country for children trafficked for the purposes of commercial sexual exploitation and forced and bonded labour. The CRC also expressed concern at the growing number of children trafficked internally (CRC/C/PAK/CO/3-4, paragraph 95). Furthermore, the Committee noted the statement in the Trafficking Report that the lack of comprehensive internal anti-trafficking laws has hindered law enforcement efforts. Therefore, the Committee once again urges the Government to take immediate measures to ensure that trafficking within the country of persons under 18 is effectively prohibited in national legislation. The Committee also requests the Government to redouble its efforts to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18.

2. Debt bondage. In its previous comments, the Committee noted the ITUC’s indication that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and the carpet-making sector. The Committee also noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, and states that no one shall make an advance under, or in pursuance of, the bonded labour system or other forms of forced labour. The Committee further noted the operation of several measures within the national policy and plan of action for the abolition of bonded labour and rehabilitation of freed bonded labourers (National Policy for the Abolition of Bonded Labour), and requested the Government to take measures to ensure the effective implementation of this policy.

The Committee noted the information in the Trafficking Report that, while provincial police in Sindh province freed over 2,000 bonded labourers in 2009 from feudal landlords, few charges were filed against the employers. The Committee also noted that the CRC, in its concluding observation of 19 October 2009, expressed concern that, despite legislation prohibiting bonded labour and the National Policy for the Abolition of Bonded Labour, bonded and forced labour continues to occur in many industries and the informal sector, affecting the poorest and most vulnerable children (CRC/C/PAK/CO/3-4, paragraph 88). The Committee also noted the information in the Trafficking Report that the largest human trafficking problem in Pakistan is bonded labour, concentrated in the Sindh and Punjab provinces, and affects over a million men, women and children. The trafficking report further indicated that Pakistani officials have yet to record a single conviction under the BLSA.

The Committee expressed its deep concern at the persistence of children working in bonded labour, and reminded the Government that, by virtue of Article 1 of the Convention, it is obliged to take immediate measures to prohibit and eliminate this worst form of child labour. Therefore, the Committee urges the Government to redouble its efforts to combat and eliminate this worst form of child labour, and to provide information on the measures taken within the framework of the National Policy for the Abolition of Bonded Labour in this regard. It also urges the Government to take the necessary measures, as a matter of urgency, to ensure that perpetrators of bonded labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

3. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Committee noted, however, the Government’s indication that children aged 16 and above may begin training prior to regular service if they are willing. The Committee also noted that the CRC expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there were reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The CRC also expressed its concern about madrasas (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68). The Committee requested the Government to take immediate measures to combat and eliminate the compulsory recruitment of children under 18 years of age for use in armed conflict.

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 deep concern at reports of madrasas being used for military training, as well as instances of recruitment of children to participate in armed conflict and terrorist activities (CRC/C/PAK/CO/3 4, paragraph 80). The CRC expressed grave concern with regard to reports of forced under-age recruitment and training of children by non State actors for armed actions and terrorist activities, including suicide attacks, and at the lack of preventive measures, including awareness raising, and physical and psychological recovery for children affected by armed conflict, in particular those who were recruited. Recalling that the forced recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to bring an end in practice to the forced recruitment of persons under 18 years of age by armed groups. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice.

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted that article 11(3) of the Constitution states that “no child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment”. 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 also noted 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 Act, containing a detailed list of hazardous types of work that children shall not perform.

The Committee noted the statement in the communication of the PWF that a large number of children in Pakistan are employed in hazardous work, particularly in the brick kiln, glass and leather industries, and in the informal sector. Referring to its comments made in 2009 under the Minimum Age Convention, 1973 (No. 138), the Committee noted that a draft Employment and Service Conditions Act 2009 has been elaborated. Pursuant to section 16(c) of the draft Employment and Service Conditions Act 2009, 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) is prohibited. The Committee recalled that under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly urges the Government to take the necessary measures to ensure that, in conformity with Article 3(d) of the Convention, the draft Employment and Service Conditions Act 2009, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future.

Article 5. Monitoring mechanisms. 1. Bonded labour. The Committee previously noted the ITUC’s indication that while the BLSA prohibits bonded labour, it remains ineffective in practice. It also noted that District Vigilance Committees (DVCs) were constituted to monitor the implementation of the BLSA but that there were reports of serious corruption within these committees. The Government indicated that efforts were being made to implement the BLSA with an Anti-Corruption Strategy and that within the framework of the National Policy for the Abolition of Bonded Labour, training workshops had been organized for key district government officials and other stakeholders to enhance their capacity and to activate the DVCs.

The Committee noted the information in the Government’s report that DVCs report to the District Magistrate any cases of bonded labour being used in workplaces, and that DVCs engage in information sharing to this end. The Committee also noted the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that the DVCs have not been functioning properly. The Government indicated that it is in the process of restructuring the DVCs to improve their effectiveness and organizing orientation sessions for committee members. The Government further stated that there remain problems in the enforcement of the BLSA (CRC/C/PAK/Q/3-4/Add.1, paragraph 65). The Committee also noted the information in the Trafficking Report that police lack personnel, training and equipment to confront landlords’ armed guards when freeing bonded labourers. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour, to ensure the effective implementation of the BLSA. It requests the Government to provide information on concrete measures taken in this regard and on the results achieved.

2. Labour inspection. The Committee previously noted the ITUC’s indications that the number of labour inspectors is insufficient, that they lack training and that they may be open to corruption. The ITUC added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee also noted the PWF’s statement that the Government should take more effective measures to monitor the use of child labour in the informal sector with the cooperation of the “Independent labour inspection machinery”. The PWF indicated that the governments of the two largest provinces of the country, Sindh and Punjab, apply a policy of not inspecting a business for one year following its establishment and that inspectors may not enter a workplace without prior permission from, or notice to, the employer. The Committee further noted that, according to the technical progress report of March 2007 for the ILO–IPEC project entitled “Combating child labour in the carpet industry”, the ILO’s external monitoring system was in place in each district of Pakistan for the independent verification of the child labour situation. In the case of the carpet weaving industry, 4,865 monitoring visits had been made to 3,147 workplaces in the project areas.

The Committee noted the statement on the ILO–IPEC summary for the project entitled “Combating child labour in the carpet industry” that the external child labour monitoring system was a significant achievement as the labour inspection system does not extend to rural areas where most of the child labour in the carpet sector takes place. The Committee also noted the Government’s statement in its report to the CRC of 19 March 2009 that the Ministry of Labour is working with the Asian Development Bank to devise a comprehensive labour inspection and monitoring mechanism, which will include child labour monitoring (CRC/C/PAK/3 4, paragraph 580). Nonetheless, the Committee noted the statement in a 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 (WFCL report) that enforcement of child labour laws is weak due to the lack of inspectors assigned to child labour, lack of training and resources, corruption, and the exclusion of many small workplaces and informal family businesses from the inspectorate’s jurisdiction. The Committee further noted that the CRC, in its concluding observations of 19 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduced the likelihood of investigations of reports of child labour (CRC/C/PAK/CO/3-4, paragraph 88). Therefore, the Committee requests the Government to take the necessary measures to strengthen the capacity of the labour inspection system to enable the labour inspectors to monitor the effective implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the measures taken in this regard, including measures to train labour inspectors and provide them with adequate human and financial resources. Lastly, the Committee requests the Government to provide information on the development of a comprehensive labour inspection mechanism and its impact on the monitoring of the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the ITUC’s indication that persons found guilty of violating child labour legislation were rarely prosecuted and that when prosecution did occur, the fines imposed are usually insignificant. The Committee noted the All Pakistan Federation of Trade Unions (APFTU) indication that, although child labour is prohibited by national legislation, child labour and its worst forms are still widespread. The Committee recalled that by virtue of Article 7(1) of the Convention, the Government must take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions.

The Committee noted an absence of information on this point in the Government’s report. However, the Committee noted the statement in the WFCL report that the penalties imposed on persons who violate child labour laws are generally too minor to act as a deterrent. The Committee expresses its serious concern at the ineffectiveness of penalties for violations of child labour legislation and, therefore, urges the Government to take the necessary measures to ensure that persons who violate the legal provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee previously noted that the Child Protection and Rehabilitation Bureau (CPRB) was responsible for housing returned camel jockeys from the United Arab Emirates (UAE) and for facilitating their reintegration within their families and communities. The Committee requested the Government to provide information on the number of child victims of trafficking effectively withdrawn and rehabilitated by the CPRB or other rehabilitation shelters.

The Committee noted the Government’s indication in its report to the CRC of 19 March 2009 that, through the programme to return and reintegrate under-age camel racers (implemented as a collaboration between the Government, UNICEF and the UAE), a total of 331 former camel jockeys have been repatriated and have been reunited with their families through the CPRB. The Government further indicated that various rehabilitation programmes have been initiated for the rehabilitation of these children and these services were also provided to 361 self-returned former camel jockeys (CRC/C/PAK/3-4, paragraph 677). However, the Committee noted the indication in the Trafficking Report that this collaboration with the UAE and UNICEF came to an end in 2009. The Trafficking Report also indicates that while the CPRB continued to provide services to victims of trafficking, governmental officials continued to lack adequate procedures and resources for proactively identifying victims of trafficking among vulnerable persons with whom they came into contact, especially child labourers, women and children in prostitution, and agricultural and brick kiln workers. The Committee therefore urges the Government to strengthen its efforts to remove, rehabilitate and provide for the social integration of child victims of trafficking. In this regard, it urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

2. Child bonded labourers. The Committee previously noted that the European Union and the ILO were assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee also noted that the Government had established a “Fund for the education of working children and rehabilitation of freed bonded labourers”. The Committee further noted that the 2007 ILO project to promote the elimination of bonded labour in Pakistan (PEBLIP) aimed to provide social and economic assistance to the families that have been released from bondage to help them re establish their lives.

The Committee noted the information in the Government’s report that the PEBLIB project completed its first phase in 2007. Through this project, the ILO has provided technical assistance to the Ministry of Labour, and helped in capacity building of governmental officials and the judiciary. The Government also indicated that a series of awareness-raising material on bonded labour have been published. The Committee also noted the information in the Government’s report that through the “Fund for the education of working children and rehabilitation of bonded labourers”, free legal aid services have been established in Lahore, Peshawar, Karachi and Quetta. The Committee requests the Government to continue to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

3. Children working in the carpet industry. The Committee previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. It also noted that, according to a baseline survey on child labour in the carpet weaving industry in the province of Sindh, there are an estimated 33,735 carpet weaving children, out of which 24,023 are estimated to be below 14 years of age. The Committee further noted that the Pakistan Carpet Manufacturers’ and Exporters’ Association and ILO–IPEC launched a project to combat child labour in the carpet industry in 1998 and that 11,933 children had been withdrawn from carpet weaving and enrolled in non formal education centres.

The Committee noted the ILO–IPEC information that Phase III of the “Combating child labour in the carpet industry” project began in 2007, and will be completed in 2011. The project will be implemented in the provinces of Punjab, Sindh and the North-West Frontier Province (NWFP), and aims to impact the lives of 50,000 children, 60 per cent of whom are carpet weavers. The Committee also noted the information in the WFCL report that the national project on rehabilitation of child labour, implemented by Pakistan Bait-Ul-Mal (an autonomous body established by the Ministry of Social Welfare and Special Education) continues to withdraw children between the ages of 4 and 14 from several sectors, including carpet weaving. Nonetheless, the WFCL report also indicated that a significant number of children continue to work in carpet weaving, and that these children suffer eye and lung diseases due to unsafe working conditions. The Committee therefore requests the Government to strengthen its efforts for the removal, rehabilitation and social reintegration of children working in the carpet-weaving sector. In this regard, it requests the Government to provide information on the concrete measures taken within the framework of the “Combating child labour in the carpet industry – Phase III” and the “National project on rehabilitation of child labour” project and on the results achieved.

Clause (d). Reaching out to children at special risk. 1. Child bonded labourers in mines. The Committee previously noted that, according to the rapid assessment studies on bonded labour in different sectors in Pakistan, some miners ask their children as young as 10 years of age to work with them in mines to lighten the burden of peshgi (i.e. any advance whether in cash or in kind made to the labourer). In Punjab and in the NWFP, children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. These children are particularly vulnerable to sexual abuse by miners.

The Committee noted the information in the Government’s report to the CRC of 19 March 2009 that an action programme is being implemented in the coal mines of Shangla, as part of the national Time-bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16. The Committee also noted the information in the final technical progress report for the ILO–IPEC project entitled “Supporting the TBP on the elimination of the worst forms of child labour in Pakistan” of 14 September 2008 (FTPR) that in the context of initiatives in Shangla, 250 children received health screening, 250 children were provided with literacy and numeracy classes and 150 children received technical and vocational skills training. The FTPR also indicated that a district education plan that addressed the educational needs of child labourer was developed, printed and widely disseminated. The Committee requests the Government to continue to take the necessary effective and time-bound measures to eliminate child debt bondage in mines as a matter of urgency.

2. Children working in brick kilns. The Committee previously noted that nearly half of children aged 10–14 working in brick kilns work more than ten hours a day without any safeguards and that working in the kilns is a particularly hazardous occupation for children. It also noted that, according to the rapid assessment studies on bonded labour in different sectors in Pakistan of 2004, workers in the brick kiln sector were not aware of the general legislation that applies to bondage. The Committee further noted that an ILO–IPEC project in several sectors resulted in 3,315 children being withdrawn from hazardous work, including in the brick kiln industry. The Committee requested the Government to pursue its efforts to protect children engaged in the brick kiln sector from hazardous work.

The Committee noted the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that most of the bonded labourers in Punjab are confined to brick kilns. The Government indicated in this report that it is working to register brick kiln workers and issue them with national identity cards to facilitate their access to benefits (CRC/C/PAK/Q/3-4/Add.1, paragraph 68). The Committee also noted that the project entitled “Combating child labour through education and training (Support to the TBP: Phase II)” gives priority to children working in six specific sectors, including boys and girls working in brick kilns. The Committee further noted the information in the WFCL report that the national project on rehabilitation of child labour continues to withdraw children in this industry. The Committee requests the Government to continue to take measures to protect children under 18 engaged in the brick kiln sector from hazardous work and forced labour. It requests the Government to provide information on progress made in this regard and on the results achieved.

Article 8. International cooperation and assistance. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking. These included the signing of the South Asian Association for Regional Cooperation’s convention on preventing and combating trafficking in women and children for prostitution in 2002 (which committed signatories to the development of a regional plan of action and the establishment of a regional task force against trafficking) and a Memorandum of Understanding with both Thailand and Afghanistan to promote bilateral cooperation, including on the issue of human trafficking. The Committee requested the Government to provide information on progress achieved through these initiatives.

The Committee noted the information from the International Organization for Migration (IOM) that it has been working with the Government to combat human trafficking and smuggling. The IOM is currently conducting a counter-trafficking programme to create 18 district taskforces to combat human trafficking in vulnerable districts throughout the country which will identify trafficking victims, create referral mechanisms for support to victims and build a network between stakeholders in the local government, law enforcement and civil society. The Committee also noted the IOM’s indication that its office in Islamabad is supporting the establishment of a trilateral dialogue between Pakistan, Afghanistan and the Islamic Republic of Iran on migration management within South-West Asia, to serve as a forum for discussion on developing comprehensive and compatible national and subregional migration management strategies. Nonetheless, the Committee noted the information in the Trafficking Report that transnational trafficking in the region persists and that persons, including children, are trafficked between the Islamic Republic of Iran and Pakistan, and to Pakistan from Afghanistan and Azerbaijan for the purpose of forced labour and prostitution. The Committee therefore encourages the Government to strengthen its regional cooperation efforts and to continue its collaboration with the IOM to combat the trafficking of persons under 18 years of age. It also once again asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand, as well as of any other bilateral agreements on the elimination of child trafficking.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee pointed out that accurate data on the extent of the worst forms of child labour, including bonded labour, is essential to develop effective programmes to eliminate these worst forms. It encouraged the Government to undertake a nationwide survey to determine the extent of child debt bondage and its characteristics.

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 requests the Government to take the necessary measures to ensure that this national survey includes an examination of the worst forms of child labour, including bonded labour, trafficking, commercial sexual exploitation and hazardous work. It also requests the Government to provide information from this national survey, once completed.

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose, commits an offence. It noted that it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee also observed that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for the purpose of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. It requested the Government to clarify the meaning and scope of these sections. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code include the prohibition of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 6. Programmes of action. Commercial sexual exploitation of children. The Committee previously noted that a draft national plan of action on the commercial sexual exploitation of children and child sexual abuse was still being finalized to be submitted to Cabinet for review and approval. It requested the Government to provide information on the status of this national plan of action.

The Committee notes the Government’s indication in its report to the Committee on the Rights of the Child (CRC) of 19 March 2009 that the national plan of action for children, approved in 2006, included measures to combat the commercial sexual exploitation of children (CRC/C/PAK/3-4, paragraph 685). The Government also indicates in this report that a national child protection policy, containing elements addressing commercial sexual exploitation, has been drafted and submitted to Cabinet. However, the Government indicates in its reply to the list of issues of the CRC of 1 September 2009 that the national child protection policy had yet to be adopted (CRC/C/PAK/Q/3-4/Add.1, paragraph 10). The Committee requests the Government to provide information on the status of the national child protection policy and, once adopted, its impact on protecting children from commercial sexual exploitation.

Article 7(2). Effective and time-bound measures. The Committee previously noted that ILO–IPEC launched, in 2003, a four-year project to support the national Time-bound Programme (TBP) on the elimination of the worst forms of child labour. The Committee noted that various projects have effectively been launched under the TBP support project in several industries. The Government indicated that under these projects, a total of 11,800 children were provided with vocational training and health care to ensure that they are protected from being involved in the worst forms of child labour.

The Committee notes 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. Referring to its comments made in 2009 under the Minimum Age Convention, 1973 (No. 138), the Committee also notes that the TBP for the elimination of the worst forms of child labour 2008–16 has been drafted in consultation with stakeholders. The Committee notes the indication in the final technical progress report (FTPR) for the ILO–IPEC project entitled “Supporting the TBP on the elimination of the worst forms of child labour in Pakistan” of 14 September 2008 that the TBP 2008–16 supplements the national policy and plan of action on combating child labour of 2000 and provides for a series of integrated actions to be implemented at federal, provincial and district levels as a matter of urgency. The Committee notes the Government’s statement in its report to the CRC that the TBP 2008–16 is fully operational in six districts of Pakistan, targeting six sectors: glass bangles industry, Hyderabad; deep sea fishing industry, Gawadar; surgical industry, Sialkot; tanneries, Kasur; coal mines, Shangla; and rag picking industry, Rawalpindi/Islamabad. The Government indicates in this report that, in all target districts, district coordination committees on child labour were formed (CRC/C/PAK/3-4, paragraph 591).

Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low. Independent surveys undertaken in the Karachi area suggested that about 25 per cent of school-age children attend primary education. The Committee also noted the Government’s indication that the education system lacks infrastructure, facilities and qualified and trained teachers. The Committee further noted that the National Education Policy of 1998–2010 assigns basic education as a top priority and stresses that quality and access to elementary education shall be increased.

The Committee notes the information in the Government’s reply to the list of issues raised by the CRC of 1 September 2009 regarding the measures being implemented to address the high number of out of school children. These include providing incentives for school attendance (such as food) to poor and disadvantaged children, promoting girls’ education through a joint project with the United Nations Population Fund (UNFPA), the operation of 13,000 non-formal basic education schools, and an overall increase of the budget for education (CRC/C/PAK/Q/3-4/Add.1, paragraph 63). However, the Committee notes that the CRC, in its concluding observation of 19 October 2009, 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). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, particularly with regard to increasing school enrolment and completion rates and reducing the school drop-out rates. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. 
1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. It also noted the establishment of the project to prevent and eliminate exploitative child domestic work through education and training in South Asia (PEECDW) in 2004. The ILO–IPEC action programme “Child domestic work project: Basic enabling education programme (non-formal)” was implemented from 2005 to 2006 within the framework of the PEECDW. This action programme targeted 1,000 child domestic workers for their withdrawal.

The Committee notes the information in the Government’s report to the CRC of 19 March 2009 that, as a follow-up to the ILO–IPEC project, a child domestic labour project was launched in 2006–07 to reach out to over 1,500 children. The Government indicates in this report that ten centres (five in Rawalpindi and five in Islamabad) were established to provide educational and training opportunities to girls. Six of the centres were operating in government schools, which facilitated the mainstreaming of these child domestic workers into formal education (CRC/C/PAK/3-4, paragraph 588). The Committee also notes that children (both boys and girls) working as domestic help are one of the six main target groups of the “Combating child labour through education and training (support to the TBP: Phase II)”. Nonetheless, the Committee notes that the CRC, in its concluding observations of 19 October 2009 expressed concern that there are insufficient programmes to identify and protect victims of child labour in the informal sector including domestic work (CRC/C/PAK/CO/3-4, paragraph 88). The Committee expresses its concern at the situation of child domestic workers in Pakistan, and therefore urges the Government to strengthen its efforts to protect and withdraw these children from exploitative and hazardous work. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

2. Children working in glass bangle making and tanneries. The Committee previously noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. The Committee also noted that within the framework of the ILO–IPEC project “Supporting TBP on the elimination of the worst forms of child labour in Pakistan”, several activities were undertaken to protect children from these worst forms in the glass bangle making and the tanneries sectors. These included the action programmes entitled “The elimination of worst forms of child labour from the glass bangle industry in Hyderabad district” and “Elimination of worst forms of child labour from tannery industries in Kasur district”.

The Committee notes the information in the FTPR of 14 September 2008 that, the action programme focusing on children working in leather tanneries in Kasur resulted in the provision of technical and vocational skills training to 63 children. In addition, 302 children completed literacy courses through this action programme, 328 children received health screenings and 19 families were linked to credit facilities, 50 school teachers received training on the consequences of the worst forms of child labour, and a district education plan that addressed the educational needs of child labourers was developed and disseminated. The Committee also notes the information in the ILO–IPEC FTPR of 14 September 2008 that the action programme, targeting children working in the manufacture of glass bangles in Hyderabad, resulted in the provision of non-formal education to 3,296 children aged 5–14, and the mainstreaming of many of these children into formal education. Additionally, the Committee notes that through this action programme, 320 children were imparted with technical and vocational skills training, 1,502 children (15–17 years) were imparted with literacy and numeracy at literacy centres and 2,099 families were linked with the microcredit facilities. The Committee encourages the Government to pursue its efforts within the framework of the TBP 2008–16 to protect children working in the glass bangle making and tanneries sectors from the worst forms of child labour.

3. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee noted that the Government of Punjab had established a Child Protection and Rehabilitation Bureau (CPRB) which had launched a rehabilitation centre in the Rahim Yar Kan, with plans to open five further centres.

The Committee notes the information in a 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 (www.unhcr.org) that the provincial Punjab Government did establish programmes to protect and rehabilitate street children, in particular beggars in five districts, with a budget of US$1.8 million for these programmes. The Committee also notes the information in the Government’s report to the CRC of 19 March 2009 that centres for the rehabilitation of street children and other vulnerable groups provide nutrition, rehabilitation and educational opportunities to street children living in the provinces of Punjab, Sindh and North-West Frontier Province (CRC/C/PAK/3-4, paragraphs 685 and 686). However, the Committee notes the Government’s indication in this report that there are an estimated 5,000 street children in Lahore and 10,000 such children in Karachi (CRC/C/PAK/3-4, paragraph 684). The Committee further notes that the CRC, in its concluding observations of 19 October 2009, expressed concern at the increasing number of children in street situations throughout the country and the vulnerability of these children to exploitation (CRC/C/PAK/CO/3-4, paragraph 95). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue its efforts to withdraw and rehabilitate these children. It requests the Government to provide information on the results achieved, particularly the number of street children benefiting from shelter and other rehabilitative services.

Article 8. International cooperation and assistance. Poverty reduction. The Committee previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It also noted that, according to the poverty reduction strategy paper (PRSP) entitled “Accelerating economic growth and reducing poverty: The road ahead” launched in 2003, measures were to be taken to achieve high and sustained broad-based economic growth, particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. However, the Committee noted that, according to an ILO–IPEC technical progress report of February 2007, the PRSP did not pay specific attention to the poor and vulnerable, but that the Government was formulating a PRSP-II with the recommendations of ILO–IPEC.

The Committee notes the statement in the ILO–IPEC FTPR of 14 September 2008 that the Government was in the process of finalizing the PRSP-II. This FTPR indicates that the ILO provided inputs through a technical paper, prepared with the Ministry of Labour, UNICEF, Save the Children UK, and some national NGOs, which highlighted the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour. As of the Government’s report to the CRC in March 2009, the PRSP-II had yet to be adopted (CRC/C/P AK/3-4, paragraph 335). However, the Committee notes the Government’s statement in this report that a recent study identified increasing poverty as the main cause of child labour and child trafficking. This study recommended that Government action against trafficking needed to include a focus on poverty eradication. The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the PRSP-II. It also requests the Government to provide information on any notable impact of the PRSP-II towards eliminating the worst forms of child labour.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the communication of the Pakistan Workers’ Federation (PWF) of 31 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) indicating that human trafficking is a serious problem in Pakistan, including the trafficking of children. The ITUC also stated that women and children reportedly arrive from various countries in the region, many to be bought and sold in shops and brothels and that, in some rural areas, children are sold into debt bondage. The Committee observed that section 370 of the Penal Code prohibits the sale and trafficking of persons for the purpose of slavery and that, pursuant to sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. However, the Committee also observed that a legal review of the PCHTO (undertaken within the framework of combating child trafficking for labour and sexual exploitation (TICSA project)) concluded that the definition of “human trafficking” in the PCHTO focuses on interstate trafficking and ignores trafficking within Pakistan, which is prevalent in the country. In this regard, a tripartite regional workshop made recommendations to amend the legislation.

The Committee notes an absence of information in the Government’s report on any measures taken pursuant to the legal review. It notes the information in a report of 14 June 2010 on the trafficking of persons in Pakistan available on the website of the Office of the United Nations High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that the Government secured convictions of 385 persons under the PCHTO in 2009, a substantial increase from 2008. Nonetheless, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, expressed concern that Pakistan remains a significant source, destination and transit country for children trafficked for the purposes of commercial sexual exploitation and forced and bonded labour. The CRC also expressed concern at the growing number of children trafficked internally (CRC/C/PAK/CO/3-4, paragraph 95). Furthermore, the Committee notes the statement in the Trafficking Report that the lack of comprehensive internal anti-trafficking laws has hindered law enforcement efforts. Therefore, the Committee once again urges the Government to take immediate measures to ensure that trafficking within the country of persons under 18 is effectively prohibited in national legislation. The Committee also requests the Government to redouble its efforts to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18.

2. Debt bondage. In its previous comments, the Committee noted the ITUC’s indication that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and the carpet-making sector. The Committee also noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, and states that no one shall make an advance under, or in pursuance of, the bonded labour system or other forms of forced labour. The Committee further noted the operation of several measures within the national policy and plan of action for the abolition of bonded labour and rehabilitation of freed bonded labourers (National Policy for the Abolition of Bonded Labour), and requested the Government to take measures to ensure the effective implementation of this policy.

The Committee notes the information in the Trafficking Report that, while provincial police in Sindh province freed over 2,000 bonded labourers in 2009 from feudal landlords, few charges were filed against the employers. The Committee also notes that the CRC, in its concluding observation of 19 October 2009, expressed concern that, despite legislation prohibiting bonded labour and the National Policy for the Abolition of Bonded Labour, bonded and forced labour continues to occur in many industries and the informal sector, affecting the poorest and most vulnerable children (CRC/C/PAK/CO/3-4, paragraph 88). The Committee also notes the information in the Trafficking Report that the largest human trafficking problem in Pakistan is bonded labour, concentrated in the Sindh and Punjab provinces, and affects over a million men, women and children. The trafficking report further indicates that Pakistani officials have yet to record a single conviction under the BLSA.

The Committee expresses its deep concern at the persistence of children working in bonded labour, and reminds the Government that, by virtue of Article 1 of the Convention, it is obliged to take immediate measures to prohibit and eliminate this worst form of child labour. Therefore, the Committee urges the Government to redouble its efforts to combat and eliminate this worst form of child labour, and to provide information on the measures taken within the framework of the National Policy for the Abolition of Bonded Labour in this regard. It also urges the Government to take the necessary measures, as a matter of urgency, to ensure that perpetrators of bonded labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

3. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Committee noted, however, the Government’s indication that children aged 16 and above may begin training prior to regular service if they are willing. The Committee also noted that the CRC expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there were reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The CRC also expressed its concern about madrasas (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68). The Committee requested the Government to take immediate measures to combat and eliminate the compulsory recruitment of children under 18 years of age for use in armed conflict.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the CRC, in its concluding observation of 19 October 2009 expressed deep concern at reports of madrasas being used for military training, as well as instances of recruitment of children to participate in armed conflict and terrorist activities (CRC/C/PAK/CO/3-4, paragraph 80). The CRC expressed grave concern with regard to reports of forced under-age recruitment and training of children by non-State actors for armed actions and terrorist activities, including suicide attacks, and at the lack of preventive measures, including awareness raising, and physical and psychological recovery for children affected by armed conflict, in particular those who were recruited. Recalling that the forced recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to bring an end in practice to the forced recruitment of persons under 18 years of age by armed groups. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice.

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted that article 11(3) of the Constitution states that “no child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment”. 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 also noted 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 Act, containing a detailed list of hazardous types of work that children shall not perform.

The Committee notes the statement in the communication of the PWF that a large number of children in Pakistan are employed in hazardous work, particularly in the brick kiln, glass and leather industries, and in the informal sector. Referring to its comments made in 2009 under the Minimum Age Convention, 1973
(No. 138), the Committee notes that a draft Employment and Service Conditions Act 2009 has been elaborated. Pursuant to section 16(c) of the draft Employment and Service Conditions Act 2009, 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) is prohibited. The Committee recalls that under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly urges the Government to take the necessary measures to ensure that, in conformity with Article 3(d) of the Convention, the draft Employment and Service Conditions Act 2009, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future.

Article 5. Monitoring mechanisms. 1. Bonded labour. The Committee previously noted the ITUC’s indication that while the BLSA prohibits bonded labour, it remains ineffective in practice. It also noted that District Vigilance Committees (DVCs) were constituted to monitor the implementation of the BLSA but that there were reports of serious corruption within these committees. The Government indicated that efforts were being made to implement the BLSA with an Anti-Corruption Strategy and that within the framework of the National Policy for the Abolition of Bonded Labour, training workshops had been organized for key district government officials and other stakeholders to enhance their capacity and to activate the DVCs.

The Committee notes the information in the Government’s report that DVCs report to the District Magistrate any cases of bonded labour being used in workplaces, and that DVCs engage in information sharing to this end. The Committee also notes the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that the DVCs have not been functioning properly. The Government indicates that it is in the process of restructuring the DVCs to improve their effectiveness and organizing orientation sessions for committee members. The Government further states that there remain problems in the enforcement of the BLSA (CRC/C/PAK/Q/3-4/Add.1, paragraph 65). The Committee also notes the information in the Trafficking Report that police lack personnel, training and equipment to confront landlords’ armed guards when freeing bonded labourers. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour, to ensure the effective implementation of the BLSA. It requests the Government to provide information on concrete measures taken in this regard and on the results achieved.

2. Labour inspection. The Committee previously noted the ITUC’s indications that the number of labour inspectors is insufficient, that they lack training and that they may be open to corruption. The ITUC added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee also noted the PWF’s statement that the Government should take more effective measures to monitor the use of child labour in the informal sector with the cooperation of the “Independent labour inspection machinery”. The PWF indicated that the governments of the two largest provinces of the country, Sindh and Punjab, apply a policy of not inspecting a business for one year following its establishment and that inspectors may not enter a workplace without prior permission from, or notice to, the employer. The Committee further noted that, according to the technical progress report of March 2007 for the ILO–IPEC project entitled “Combating child labour in the carpet industry”, the ILO’s external monitoring system was in place in each district of Pakistan for the independent verification of the child labour situation. In the case of the carpet weaving industry, 4,865 monitoring visits had been made to 3,147 workplaces in the project areas.

The Committee notes the statement on the ILO–IPEC summary for the project entitled “Combating child labour in the carpet industry” that the external child labour monitoring system was a significant achievement as the labour inspection system does not extend to rural areas where most of the child labour in the carpet sector takes place. The Committee also notes the Government’s statement in its report to the CRC of 19 March 2009 that the Ministry of Labour is working with the Asian Development Bank to devise a comprehensive labour inspection and monitoring mechanism, which will include child labour monitoring (CRC/C/PAK/3-4, paragraph 580). Nonetheless, the Committee notes the statement in a report on the worst forms of child labour in Pakistan available on the web site of the Office of the United Nations High Commissioner for Refugees (www.unhcr.org) (WFCL report) that enforcement of child labour laws is weak due to the lack of inspectors assigned to child labour, lack of training and resources, corruption, and the exclusion of many small workplaces and informal family businesses from the inspectorate’s jurisdiction. The Committee further notes that the CRC, in its concluding observations of 19 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduced the likelihood of investigations of reports of child labour (CRC/C/PAK/CO/3-4, paragraph 88). Therefore, the Committee requests the Government to take the necessary measures to strengthen the capacity of the labour inspection system to enable the labour inspectors to monitor the effective implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the measures taken in this regard, including measures to train labour inspectors and provide them with adequate human and financial resources. Lastly, the Committee requests the Government to provide information on the development of a comprehensive labour inspection mechanism and its impact on the monitoring of the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the ITUC’s indication that persons found guilty of violating child labour legislation were rarely prosecuted and that when prosecution did occur, the fines imposed are usually insignificant. The Committee noted the All Pakistan Federation of Trade Unions (APFTU) indication that, although child labour is prohibited by national legislation, child labour and its worst forms are still widespread. The Committee recalled that by virtue of Article 7(1) of the Convention, the Government must take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions.

 The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the statement in the WFCL report that the penalties imposed on persons who violate child labour laws are generally too minor to act as a deterrent. The Committee expresses its serious concern at the ineffectiveness of penalties for violations of child labour legislation and, therefore, urges the Government to take the necessary measures to ensure that persons who violate the legal provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee previously noted that the Child Protection and Rehabilitation Bureau (CPRB) was responsible for housing returned camel jockeys from the United Arab Emirates (UAE) and for facilitating their reintegration within their families and communities. The Committee requested the Government to provide information on the number of child victims of trafficking effectively withdrawn and rehabilitated by the CPRB or other rehabilitation shelters.

The Committee notes the Government’s indication in its report to the CRC of 19 March 2009 that, through the programme to return and reintegrate under-age camel racers (implemented as a collaboration between the Government, UNICEF and the UAE), a total of 331 former camel jockeys have been repatriated and have been reunited with their families through the CPRB. The Government further indicates that various rehabilitation programmes have been initiated for the rehabilitation of these children and these services were also provided to 361 self-returned former camel jockeys (CRC/C/PAK/3-4, paragraph 677). However, the Committee notes the indication in the Trafficking Report that this collaboration with the UAE and UNICEF came to an end in 2009. The Trafficking Report also indicates that while the CPRB continued to provide services to victims of trafficking, governmental officials continued to lack adequate procedures and resources for proactively identifying victims of trafficking among vulnerable persons with whom they came into contact, especially child labourers, women and children in prostitution, and agricultural and brick kiln workers. The Committee therefore urges the Government to strengthen its efforts to remove, rehabilitate and provide for the social integration of child victims of trafficking. In this regard, it urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

2. Child bonded labourers. The Committee previously noted that the European Union and the ILO were assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee also noted that the Government had established a “Fund for the education of working children and rehabilitation of freed bonded labourers”. The Committee further noted that the 2007 ILO project to promote the elimination of bonded labour in Pakistan (PEBLIP) aimed to provide social and economic assistance to the families that have been released from bondage to help them re-establish their lives.

The Committee notes the information in the Government’s report that the PEBLIB project completed its first phase in 2007. Through this project, the ILO has provided technical assistance to the Ministry of Labour, and helped in capacity building of governmental officials and the judiciary. The Government also indicates that a series of awareness-raising material on bonded labour have been published. The Committee also notes the information in the Government’s report that through the “Fund for the education of working children and rehabilitation of bonded labourers”, free legal aid services have been established in Lahore, Peshawar, Karachi and Quetta. The Committee requests the Government to continue to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

3. Children working in the carpet industry. The Committee previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. It also noted that, according to a baseline survey on child labour in the carpet weaving industry in the province of Sindh, there are an estimated 33,735 carpet weaving children, out of which 24,023 are estimated to be below 14 years of age. The Committee further noted that the Pakistan Carpet Manufacturers’ and Exporters’ Association and ILO–IPEC launched a project to combat child labour in the carpet industry in 1998 and that 11,933 children had been withdrawn from carpet weaving and enrolled in non‑formal education centres.

The Committee notes the ILO–IPEC information that Phase III of the “Combating child labour in the carpet industry” project began in 2007, and will be completed in 2011. The project will be implemented in the provinces of Punjab, Sindh and the North-West Frontier Province (NWFP), and aims to impact the lives of 50,000 children, 60 per cent of whom are carpet weavers. The Committee also notes the information in the WFCL report that the national project on rehabilitation of child labour, implemented by Pakistan Bait-Ul-Mal (an autonomous body established by the Ministry of Social Welfare and Special Education) continues to withdraw children between the ages of 4 and 14 from several sectors, including carpet weaving. Nonetheless, the WFCL report also indicates that a significant number of children continue to work in carpet weaving, and that these children suffer eye and lung diseases due to unsafe working conditions. The Committee therefore requests the Government to strengthen its efforts for the removal, rehabilitation and social reintegration of children working in the carpet-weaving sector. In this regard, it requests the Government to provide information on the concrete measures taken within the framework of the “Combating child labour in the carpet industry – Phase III” and the “National project on rehabilitation of child labour” project and on the results achieved.

Clause (d). Reaching out to children at special risk. 1. Child bonded labourers in mines. The Committee previously noted that, according to the rapid assessment studies on bonded labour in different sectors in Pakistan, some miners ask their children as young as 10 years of age to work with them in mines to lighten the burden of peshgi (i.e. any advance whether in cash or in kind made to the labourer). In Punjab and in the NWFP, children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. These children are particularly vulnerable to sexual abuse by miners.

The Committee notes the information in the Government’s report to the CRC of 19 March 2009 that an action programme is being implemented in the coal mines of Shangla, as part of the national Time-bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16. The Committee also notes the information in the final technical progress report for the ILO–IPEC project entitled “Supporting the TBP on the elimination of the worst forms of child labour in Pakistan” of 14 September 2008 (FTPR) that in the context of initiatives in Shangla, 250 children received health screening, 250 children were provided with literacy and numeracy classes and 150 children received technical and vocational skills training. The FTPR also indicates that a district education plan that addressed the educational needs of child labourer was developed, printed and widely disseminated. The Committee requests the Government to continue to take the necessary effective and time-bound measures to eliminate child debt bondage in mines as a matter of urgency.

2. Children working in brick kilns. The Committee previously noted that nearly half of children aged 10–14 working in brick kilns work more than ten hours a day without any safeguards and that working in the kilns is a particularly hazardous occupation for children. It also noted that, according to the rapid assessment studies on bonded labour in different sectors in Pakistan of 2004, workers in the brick kiln sector were not aware of the general legislation that applies to bondage. The Committee further noted that an ILO–IPEC project in several sectors resulted in 3,315 children being withdrawn from hazardous work, including in the brick kiln industry. The Committee requested the Government to pursue its efforts to protect children engaged in the brick kiln sector from hazardous work.

The Committee notes the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that most of the bonded labourers in Punjab are confined to brick kilns. The Government indicates in this report that it is working to register brick kiln workers and issue them with national identity cards to facilitate their access to benefits (CRC/C/PAK/Q/3-4/Add.1, paragraph 68). The Committee also notes that the project entitled “Combating child labour through education and training (Support to the TBP: Phase II)” gives priority to children working in six specific sectors, including boys and girls working in brick kilns. The Committee further notes the information in the WFCL report that the national project on rehabilitation of child labour continues to withdraw children in this industry. The Committee requests the Government to continue to take measures to protect children under 18 engaged in the brick kiln sector from hazardous work and forced labour. It requests the Government to provide information on progress made in this regard and on the results achieved.

Article 8. International cooperation and assistance. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking. These included the signing of the South Asian Association for Regional Cooperation’s convention on preventing and combating trafficking in women and children for prostitution in 2002 (which committed signatories to the development of a regional plan of action and the establishment of a regional task force against trafficking) and a Memorandum of Understanding with both Thailand and Afghanistan to promote bilateral cooperation, including on the issue of human trafficking. The Committee requested the Government to provide information on progress achieved through these initiatives.

The Committee notes the information from the International Organization for Migration (IOM) that it has been working with the Government to combat human trafficking and smuggling. The IOM is currently conducting a counter-trafficking programme to create 18 district taskforces to combat human trafficking in vulnerable districts throughout the country which will identify trafficking victims, create referral mechanisms for support to victims and build a network between stakeholders in the local government, law enforcement and civil society. The Committee also notes the IOM’s indication that its office in Islamabad is supporting the establishment of a trilateral dialogue between Pakistan, Afghanistan and the Islamic Republic of Iran on migration management within South-West Asia, to serve as a forum for discussion on developing comprehensive and compatible national and subregional migration management strategies. Nonetheless, the Committee notes the information in the Trafficking Report that transnational trafficking in the region persists and that persons, including children, are trafficked between the Islamic Republic of Iran and Pakistan, and to Pakistan from Afghanistan and Azerbaijan for the purpose of forced labour and prostitution. The Committee therefore encourages the Government to strengthen its regional cooperation efforts and to continue its collaboration with the IOM to combat the trafficking of persons under 18 years of age. It also once again asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand, as well as of any other bilateral agreements on the elimination of child trafficking.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee pointed out that accurate data on the extent of the worst forms of child labour, including bonded labour, is essential to develop effective programmes to eliminate these worst forms. It encouraged the Government to undertake a nationwide survey to determine the extent of child debt bondage and its characteristics.

The Committee notes 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 requests the Government to take the necessary measures to ensure that this national survey includes an examination of the worst forms of child labour, including bonded labour, trafficking, commercial sexual exploitation and hazardous work. It also requests the Government to provide information from this national survey, once completed.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Committee had noted that the Government had added that children aged 16 and above may begin training prior to regular service if they are willing to. The Committee had also noted that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68) expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there were reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The Committee on the Rights of the Child also expressed its concern about madrasas (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts. The Committee had recalled that under Article 3(a) of the Convention, the compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and consequently is prohibited. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take immediate measures to ensure that children under 18 years of age are not compelled to participate in armed conflicts. It also once again asks the Government to supply a copy of the National Service Ordinance of 1970 and any other relevant legislation regarding the recruitment of children for their use in armed conflict.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose, commits an offence. It had noted that it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee had also observed that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for purposes of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. Furthermore, it had noted that section 294 of the Penal Code states that it is prohibited to perform any obscene act in a public place. The Committee had noted that “obscene” means “offensive to chastity or modesty, expressing or representing to the mind or view something that delicacy and decency forbid to be expressed” (interpretation given under section 292 of the Penal Code). The Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code include the prohibition of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 6. Programmes of action. Commercial sexual exploitation of children. The Committee had previously noted that, according to the ILO–IPEC Technical Progress Report on the project entitled “Elimination of child labour in the soccer ball industry in Sialkot, Pakistan” of September 2004, the National Commission on Child Welfare and Development (NCCWD), under the Ministry of Women Development, Social Welfare and Special Education, prepared, in July 2004, a report on the commercial sexual exploitation of children which, after examination by the Government, should have resulted in the launching of programmes of action to combat this phenomenon. The Committee notes that, according to the Technical Progress Report of March 2006 for the second phase of the subregional project to combat child trafficking (TICSA), a draft National Plan of Action on the commercial sexual exploitation of children and child sexual abuse was still being finalized and was then expected to be submitted to Cabinet for review and approval. The Committee once again asks the Government to supply a copy of the report drafted by the NCCWD. It also requests the Government to provide information on the status of the National Plan of Action on commercial sexual exploitation and, if it has been adopted, on its impact on preventing children from commercial sexual exploitation or withdrawing them from this worst form of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that ILO–IPEC launched, in 2003, a four-year Project to Support the National Time-bound programme (TBP) on the Elimination of the Worst Forms of Child Labour. It had noted that the project support had several objectives, including to ensure the monitoring of the incidence of the worst forms of child labour and the launching of relevant programmes. The Committee notes the Government’s information that various projects have effectively been launched under the TBP support project in the following industries: tanneries, surgical instruments manufacturing industries, glass bangle making industry, deep-sea fishing industry, coal mining industries and rag picking. According to the Government’s information, under these projects, a total of 11,800 children were provided with vocational training and health care to ensure that they are protected from being involved in the worst forms of child labour. The Committee notes with interest that in the sector of deep-sea fishing, 160 children were provided with vocational training and 1,000 children were given health-care services, while 400 children engaged in rag picking were provided with vocational training and 1,555 were given health-care services. The Committee strongly encourages the Government to pursue its efforts to effectively eliminate the worst forms of child labour in the abovementioned sectors. It requests the Government to continue providing information on progress made in this regard.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Ensure access to education. The Committee had previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low and that independent surveys undertaken in the Karachi area suggest that about 25 per cent of school-age children attend primary education. The Committee had noted that the Government itself reckons that the education system lacks infrastructure and facilities and suffers from a severe shortage of qualified and trained teachers. The Committee had also noted that the Ministry of Education had launched, in 2003, a National Plan of Action on Education for All. The Plan’s objectives were to achieve universal primary education and to eliminate gender disparities in primary and secondary education by 2005. The Committee notes that the National Education Policy of 1998–2010 assigns basic education as a top priority and stresses that quality and access to elementary education shall be increased. The Committee requests the Government to provide further information on the implementation of the National Plan of Action on Education for All and the National Education Policy and the results attained.

2. Awareness raising. The Committee notes that, according to the status report of August–December 2006 for the project “Activating media to combat worst forms of child labour in Pakistan”, ILO–IPEC and the Ministry of Information and Broadcasting initiated a three-year collaborative project, from 2006 to 2009, on the basis of the successful completion of phase 1 of the Media Project “Activating media in combating child labour” which ran from 2003 to 2005. In the framework of this project, the ILO–IPEC Action Programme “Media products on child labour for television”, implemented in 2007 for a period of two years, aims to use Pakistan television as a source of disseminating information on child labour and its worst forms to raise public awareness and motivate the general masses to take affirmative action against it. To reach this objective, it is planned to produce a series of television programmes and to telecast them in order to reach all segments of Pakistan society. Furthermore, the same objective is targeted within the framework of the ILO–IPEC Action Programme “Media products on child labour for radio”, implemented in 2007 for a period of two years, by collaborating with the Pakistan Broadcasting Corporation to produce a series of radio programmes. The Committee requests the Government to provide information on the impact of these awareness-raising programmes in preventing the engagement of children in the worst forms of child labour.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee had previously noted that the Pakistan Baitul Mal (i.e. the National Welfare Agency) had set up 68 centres to rehabilitate children working in hazardous occupations by providing non-formal education. The Committee notes that action programmes, implemented in 2005 entitled “Prevention, withdrawal and rehabilitation of working children and their siblings” in the districts Lower Dir and Swat of the North-West Frontier Province of Pakistan, established, among other things, rehabilitation centres to provide rehabilitation services to working children through counselling and non-formal education. The Committee notes with interest the Government’s information that the “National project on the rehabilitation of child labour” has been expanded. The number of national centres for the rehabilitation of child labourers has been increased from 83 in 2004 to 151 in 2007. In these centres, former child workers between 5 and 14 years of age, removed from hazardous work, are provided with free education, vocational training, clothing, footwear and a stipend. At present, 15,045 students are benefiting from primary education in these centres and 4,467 have been admitted to governmental schools for further education. The Committee once again encourages the Government to pursue its efforts to ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also asks the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Child domestic workers. In its previous comments, the Committee had noted that a Project to Prevent and Eliminate Exploitative Child Domestic Work through Education and Training in South Asia (PEECDW) was established in 2004 to continue addressing the situation of child domestic labourers. The Committee notes that the ILO–IPEC Action Programme “Child domestic work project: basic enabling education programme (non-formal)” was implemented from 2005 to 2006 within the framework of the PEECDW project. According to the summary outline for the Action Programme, child domestic labour is, by nature, susceptible to being or becoming a worst form of child labour because the tasks child domestics perform are difficult to monitor or regulate. The Action Programme targets 1,000 child domestic workers to be withdrawn and placed in a 12-month basic education enabling programme providing educational and vocational services and establishes a system to monitor the situation of these children on a monthly basis. The Committee requests the Government to provide information on progress made with regard to the implementation of the Action Programme on child domestic work and the results achieved.

2. Children working in glass bangle making and tanneries. The Committee had previously noted that, according to the Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan (Chapter 5 on glass bangle making, tanneries and construction, pages 5, 15 and 44), the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study indicated that this type of work is highly dangerous for children due to the exposure to high temperatures. The study further revealed that children aged 11 are found in tanneries in Kasur where they perform various tasks, some of which expose them to harmful chemicals. The Committee notes that, in the framework of the ILO–IPEC project “Supporting the time-bound programme on the elimination of the worst forms of child labour in Pakistan”, several activities were undertaken to protect children from these worst forms in the glass bangle making and the tanneries sectors, including occupational safety and health training in the tanneries sector. These activities included occupational safety and health training in the tanneries sector and medical check-ups in the glass bangle making sector. The Committee notes that an ILO–IPEC Action Programme “The elimination of worst forms of child labour from the glass bangle industry in district Hyderabad” was implemented from 2005 to 2008 to address the issue of child labour in the sector by organizing orientation workshops, awareness-raising activities, exposure visits and regular meetings and by building strong partnerships with the district government, social partners, training institutes and non-governmental organizations. The Committee also notes that an ILO–IPEC Action Programme “Elimination of worst forms of child labour from tannery industries in district Kasur” was implemented in 2005 as well. Furthermore, another ILO–IPEC Action Programme “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 in several sectors, including in glass bangle making and tanneries. Moreover, the Government indicates that, in the context of these action programmes, 300 children working in the glass bangle industry were provided with vocational training and 4,750 received health care, while 50 children working in the tannery industry were provided with vocational training and 250 received health care. The Committee encourages the Government to pursue its efforts to protect children under 18 years of age working in the glass bangle making and tanneries sectors from the worst forms of child labour. It requests the Government to provide information on the results attained.

3. Street children. The Committee had previously noted the increasing number of street children and the vulnerability of these children to exploitation, the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee notes that, according to the Technical Progress Report of March 2006 for the ILO–IPEC project to combat child trafficking and sexual exploitation (TICSA-II), the Government of Punjab had established a Child Protection and Rehabilitation Bureau (CPRB) in Lahore to rehabilitate street children and that the CPRB has established its rehabilitation centre in the Rahim Yar Kan and has now planned to open five more such rehabilitation centres in various cities of the Punjab province. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the number of street children who were effectively prevented or withdrawn from such worst forms of child labour as a result of the CPRB’s activities.

4. Child victims of the 2005 Pakistan earthquake. The Committee notes that, on 8 October 2005, an earthquake registering 7.6 on the Richter scale hit Pakistan, killing 73,338 people, injuring over 135,000 and destroying a large number of educational facilities and resources. It observes that the large number of families and children who have been affected by the earthquake are subject to a high degree of vulnerability and are exposed to serious risks from lack of safe shelter and protection against various forms of abuse and exploitation, including child labour and its worst forms. The Committee notes that an ILO–IPEC project “Pakistan earthquake – Child labour response” (ILO–IPEC earthquake project) has been implemented in 2006 for a period of three years within the framework of the
ILO–IPEC umbrella project of support to the National TBP, and national earthquake reconstruction and rehabilitation framework. At the national level, the project aims to contribute to mainstreaming child labour issues into the Government’s recovery and reconstruction policy and programmes, while, at the district and community levels, the key strategies are capacity building and targeted direct action. Therefore, the project targets a total of 2,500 children (1,250 girls and 1,250 boys) who were engaged in child labour prior to the project, children who continue to be involved in child labour post earthquake or who are at risk of being engaged in child labour. The project aims to withdraw 500 children from child labour and prevent 2,000 children from being engaged in child labour, with a focus on its worst forms. The Committee requests the Government to provide information on the progress made with regard to the implementation of the ILO–IPEC earthquake project and, more specifically, on the number of children affected by the earthquake who were effectively prevented or withdrawn from the worst forms of child labour.

Article 8. International cooperation and assistance. Poverty reduction. The Committee had previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It had also noted that, according to the Poverty Reduction Strategy Paper (PRSP), entitled “Accelerating economic growth and reducing poverty: The road ahead” launched in 2003, measures were to be taken to achieve high and sustained broad-based economic growth particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. The Committee notes that, according to the Technical Progress Report of September 2006–February 2007 for the ILO–IPEC project to support the time-bound programme on the elimination of the worst forms of child labour in Pakistan, the PRSP does not pay specific attention to the poor and vulnerable, but that the Government has been busy formulating PRSP-II with the recommendations of ILO–IPEC. The Committee asks the Government to provide information on any notable impact of the PRSP-II towards eliminating the worst forms of child labour.

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

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

The Committee noted the Government’s report and the communications of the All Pakistan Federation of Trade Unions (APFTU) of 30 March 2007 and of the Pakistan Workers’ Federation (PWF) of 2 May 2007.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the allegations of the International Trade Union Confederation (ITUC), according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. Women and children reportedly arrive from Bangladesh, Myanmar, Afghanistan, Sri Lanka and India, many to be bought and sold in shops and brothels. The Committee had also noted that the ITUC’s allegations that several hundred boys from Pakistan were trafficked to the Gulf States to work as camel jockeys. Moreover, in some rural areas, children are sold into debt bondage in exchange for money or land. The Committee had noted that the ILO–IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka and that the project was subsequently extended to Pakistan, Indonesia and Thailand. According to the project report of September 2002 (pages 14–15), approximately 100,000 women and children were internally trafficked in Pakistan, and approximately 200,000 women and children were trafficked from Bangladesh to Pakistan between 1990 and 2000. The Committee had also noted that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 76), while noting the serious efforts undertaken by the State party to prevent child trafficking, had expressed its deep concern at the very high incidence of trafficking in children for the purposes of sexual exploitation, bonded labour and camel jockeying.

The Committee had observed that sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provide that human trafficking for the purpose of exploitative entertainment (i.e. activities in connection with sex), slavery or forced labour is prohibited. Section 370 of the Penal Code also prohibits the sale and trafficking of persons for the purpose of slavery.

The Committee notes that, according to the Technical Project Report of March 2006 for the second phase of the TICSA project (TICSA-II), a regional legal review was commissioned in early 2005 and has been completed to contribute to the improvement of national capacity to make legal reforms in the light of the international instruments to combat trafficking and towards effective enforcement of relevant laws and regulations to combat child trafficking for sexual and labour exploitation. By reviewing the Prevention and Control of Human Trafficking Ordinance of 2002, it was observed that the definition of “human trafficking” fails to recognize the transfer and transportation of persons as important parts of the trafficking process. Moreover, the definition focuses only on transportation in and out of Pakistan and ignores trafficking within Pakistan, which is prevalent in the country. The Committee noted that in order to discuss the findings of the review, a tripartite regional workshop was organized and that recommendations were made to amend the legislation and strengthen implementing and monitoring mechanisms.

The Committee consequently observes that, although national legislation exists to prohibit the trafficking of children for labour or sexual exploitation, it is not comprehensive and trafficking remains an issue of concern in practice. The Committee once again requests the Government to take immediate measures to ensure that the transfer and transportation of children under 18 years of age for labour and sexual exploitation, as well as the internal trafficking of children under 18 for the same purposes, is effectively prohibited in national legislation. The Committee also once again invites the Government to redouble its efforts to improve the situation and to take the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It once again asks the Government to provide information on progress made in this regard.

Debt bondage. In its previous comments, the Committee had noted the ITUC’s indications that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and carpet-making sectors. The Committee had also noted that the Federal Cabinet approved a National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers (National Policy for the Abolition of Bonded Labour) in September 2001, but that its implementation has been slow. The Committee had noted that, by virtue of section 4(1) of the Bonded Labour System (Abolition) Act (BLSA), 1992, “the bonded labour system shall stand abolished and every bonded labourer shall stand free and discharged from any obligation to render any bonded labour”. Section 4(2) of the BLSA states that no one shall make an advance under or in pursuance of the bonded labour system or other forms of forced labour.

The Committee noted that, in its report submitted under Convention No. 29, the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its National Policy for the Abolition of Bonded Labour, including the establishment of a legal aid service and the incorporation of the issue of child bonded labour into the syllabi of the judicial, police and civil service academies. The Committee also noted that an ILO project to promote the elimination of bonded labour in Pakistan (PEBLIP) is being implemented for the period of March 2007 to April 2010 as an expansion and continuation of ongoing technical cooperation undertaken by the ILO in Pakistan since 2001. One of the key strategies of this project is to focus on policy and law revision to create a national conducive environment and to develop institutional capacity for its effective implementation, while the key implementation mechanism will be the National Committee on Bonded Labour, a tripartite-plus standing committee established under the National Policy on Abolition of Bonded Labour. The project aims to protect bonded labourers, prevent women and men who are at risk of falling into bondage and assist the families that have been released from bondage.

The Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, child debt bondage is prohibited, and that, under Article 1 of the Convention, it is obliged to take immediate measures to prohibit and eliminate this worst form of child labour. While recognizing the initiatives taken by the Government pursuant to the National Policy on Abolition of Bonded Labour, the Committee once again requests the Government to continue to take measures to ensure its effective implementation. The Committee also requests the Government to indicate the impact of the ILO PEBLIP project on the situation of child bonded labourers in Pakistan, notably with regard to the removal of children under 18 from bonded labour and their rehabilitation.

Article 3(d) and Article 4, paragraph 1. Hazardous work. The Committee had previously noted 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”. The Committee had also noted 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 for 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. The Committee had also observed 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 had further noted the Government’s indication that the Ministry of Labour, Manpower and Overseas Pakistanis was working on the consolidation and rationalization of labour laws which will include amending the definition of a child so as to bring its legislation into line with the Convention. The Government had added that the process requires the approval of Parliament, which takes time.

The Committee noted that, according to the information provided by the Government, the Employment of Children Act, as amended by Act No. 1280(1) of 2005, includes in the list of types of hazardous work prohibited to children under 14 years of age “work in underground mines and quarries including blasting and assisting in blasting”. The Committee once again recalls that, under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature of the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly once again requests the Government to take immediate measures as a matter of urgency to ensure that the legislation is amended to raise the minimum age for admission to hazardous work to 18. It also once again asks the Government to take the necessary measures to ensure that the types of hazardous work, in particular those provided in Parts I and II of the Schedule of the Employment of Children Act, are prohibited to children under 18 years of age.

Article 5. Monitoring mechanisms. Local vigilance committees. The Committee had noted, in its previous comments, the ITUC’s indication that the BLSA prohibits bonded labour but remains ineffective in practice. It had also noted that local vigilance committees were constituted to monitor the implementation of the BLSA but that there were reports of serious corruption within these committees. The Committee had noted that the vigilance committees are composed of the deputy commissioner of the district, representatives of the police, the judiciary, the legal profession, the municipal authorities; and under the recommendation of the ILO Conference Committee on the Application of Standards, membership was extended to include workers’ and employers’ representatives. The Committee had also noted the Government’s statement that efforts were being made to implement the BLSA with an Anti-Corruption Strategy that was formulated in 2003. The Committee had noted that, in the framework of the 2007 ILO PEBLIP project, the vigilance committees will also ensure better on-ground implementation of project activities. Furthermore, according to the Government’s report submitted under Convention No. 29, one of the recent initiatives taken by the Government within the framework of the National Policy for the Abolition of Bonded Labour is to organize training workshops for key district government officials and other stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees. The Committee once again requests the Government to provide information on the concrete measures taken by the local vigilance committees to ensure the effective implementation of the BLSA and of the ILO PEBLIP project to promote the elimination of bonded labour, and the results achieved. It also requests the Government to indicate whether the Anti‑Corruption Strategy has contributed to improving the implementation of the BLSA.

Labour inspection. The Committee had noted, in its previous comments concerning the application of the Labour Inspection Convention, 1947 (No. 81), the measures taken by the Government in cooperation with ILO–IPEC to reinforce labour inspection so as to efficiently combat child labour. The Committee had noted, however, the ITUC’s indications that the number of inspectors is insufficient, that they lack training and are reported to be open to corruption. The ITUC had added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee notes the indication of the PWF, according to which the Government of Pakistan should take more effective measures to monitor the use of child labour in the informal sector with the cooperation of the “Independent Labour Inspection Machinery”. Furthermore, in communications sent to the Office with the Government’s report under Convention No. 81, the PWF indicated that the governments of the two largest provinces of the country, namely Sindh and Punjab, have no system for supervising the application of the legislation. According to the PWF, these governments apply a policy of not inspecting a business for one year following its establishment. The PWF, in a communication of May 2007, further indicated that in the two abovementioned provinces, inspectors may not enter a workplace without prior permission from the employer or prior notice on the employer. The Committee also noted that, in its communication of 21 September 2008, the PWF observed that the Employment of Children Act of 1991 needs to be implemented more effectively. In this regard, the PWF indicated that it held a bilateral dialogue with the Federal Minister and the provincial governments to enforce the provisions of this Act through an effective labour inspection mechanism.

The Committee had noted that, according to the Technical Progress Report of March 2007 for the ILO–IPEC project to combat child labour in the carpet industry, the ILO’s external monitoring system is in place in each district of Pakistan and independent verification of the child labour situation is being done continuously through the ILO’s external monitoring system. In the case of the carpet weaving industry, the Committee noted that 4,865 monitoring visits have been made to 3,147 workplaces in the project areas, while 2,569 visits have been made to non‑formal education centres to verify that children who were prevented or withdrawn from carpet weaving were actually attending schools. The Committee also noted that, according to the information available to the Office under Convention No. 81, a tripartite workshop organized jointly with the ILO–IPEC on “Revitalizing Labour Inspections System in Punjab” was held on 22 and 23 August 2007 in Lahore. In the course of the workshop, various issues were addressed including the Government’s labour inspection policy. The Committee nevertheless noted the information provided by the Government that 49,547 inspections were carried out in 2005, 9,286 in 2006 and 322 in 2007. It observed with concern that, according to those statistics, the number of inspections had decreased dramatically from 2005 to 2007. The Committee once again requests the Government to continue taking measures to train labour inspectors and provide them with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist and, more specifically, to strengthen the monitoring systems in the Punjab and Sindh provinces. It also requests the Government to provide more information on the number of workplaces investigated per year, and on the findings of labour inspectors with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. TICSA-II project. The Committee had previously noted that the subregional project to combat child trafficking (TICSA) aimed at, amongst other things, determining the demand side of trafficking of children and women in Pakistan for labour and sexual exploitation. The Committee noted that, according to the Technical Project Report of March 2006 for the second phase of the TICSA project (TICSA-II), the regional study on the demand side of trafficking in Asia has been completed. The Committee also noted that an Information Kit on Human Trafficking was developed in English and Urdu to provide training to district officials, representatives of workers’ and employers’ organizations, non-governmental organizations and other relevant groups in the districts of Sindh and Punjab. The Committee once again requests the Government to provide information on the measures taken as a result of the regional study on the demand side of trafficking in Asia and information on the use and efficacy of the Information Kit on Human Trafficking.

Article 7, paragraph 1. Penalties. The Committee had previously noted the ITUC’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that when they are prosecuted, the fines imposed are usually insignificant. The Committee noted the APFTU’s indication, in its recent communication, that, although child labour is prohibited by national legislation, the reality of the situation shows that child labour and its worst forms are still widespread.

The Committee noted that, according to the information provided by the Government, the number of prosecutions decreased from 377 in 2005, to 55 in 2006, to none in 2007. The Committee observed that the statistics provided by the Government offer no particular indication as to whether the prosecutions that were reported relate to cases which involved the engagement of children under 18 years of age in the worst forms of child labour. The Committee once again recalls that, by virtue of Article 7(1), of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee once again emphasizes the importance of taking the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and to press for the imposition of sufficiently effective and dissuasive penal sanctions. It also once again requests the Government to provide information on the practical application of the laws, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Bonded labour. The Committee had previously noted that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan of 2004, workers in the brick kiln sector were not aware of the general legislation that applies to bondage. It noted that, in the framework of the 2007 ILO PEBLIP project, one of the followed strategies is to field-test tripartite models for the prevention of bonded labour, in particular through pilot initiatives in the brick kiln sector in Punjab. The project also aims to launch a national-level programme on awareness raising. The Committee once again requests the Government to supply information on the impact of the ILO PEBLIP project on preventing children under 18 years of age from being engaged in bonded labour, especially in the brick kiln sector.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had noted that, according to the Technical Progress Report of March 2006 for the
ILO–IPEC TICSA-II project, the Child Protection and Rehabilitation Bureau (CPRB) that has been established in Lahore to rehabilitate street children has also been assigned the task of housing returned camel jockeys from the United Arab Emirates and of facilitating their reintegration within their families and communities. The Committee also noted that the Regional Child Friendly Guidelines for the Rehabilitation of the Victims of Trafficking have been developed in the framework of the TICSA-II project. The objective of this activity is to contribute to the improvement of the overall services at the rehabilitation shelters during the process of recovery and rehabilitation of the child victims of trafficking. The Committee once again requests the Government to provide information on the number of child victims of trafficking for labour or sexual exploitation who were effectively withdrawn and rehabilitated by the CPRB or other rehabilitation shelters.

Child bonded labourers. The Committee had previously noted that the European Union and the ILO were assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee had also noted that the Government had established a “Fund for the education of working children and rehabilitation of freed bonded labourers”. The Committee had noted that the 2007 ILO PEBLIP project to promote the elimination of bonded labour in Pakistan aims to provide social and economic assistance to the families that have been released from bondage to help them re-establish their lives. The Committee once again requests the Government to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

Children working in the carpet industry. The Committee had previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. It had noted that the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA) and ILO–IPEC launched in 1998 a project to combat child labour in the carpet industry which had, so far, contributed to the withdrawal of 13,000 carpet-weaving children (83 per cent of whom were girls) from hazardous working conditions. The Committee had noted that, according to the March 2007 Technical Progress Report for the second phase of the ILO–IPEC project to combat child labour in the carpet industry, a baseline survey on child labour in the carpet weaving industry in the province of Sindh has been completed. According to this survey, there are over 25,752 carpet weaving households in the Sindh province with an estimated 33,735 carpet weaving children, out of which 24,023 are estimated to be below 14 years of age and 9,712 are between 14 and 18 years of age. The Committee had noted with interest that 11,933 children (8,776 girls and 3,157 boys) have been withdrawn from carpet weaving and enrolled in non-formal education centres. The Committee once again encourages the Government to pursue its efforts to rehabilitate children under 18 years of age who undertake hazardous work in the carpet weaving industry and to provide information on the results achieved.

Children working in the surgical instruments industry. The Committee had previously noted the ITUC’s indication that children constitute about 15 per cent of the workforce in the surgical instruments industry, which is one of the most hazardous industries. The Committee had also noted that the ILO–IPEC, with the assistance of the Italian social partners and the Surgical Instruments Manufacturers’ Association of Pakistan, launched in 2000, a project to combat hazardous and exploitative child labour in surgical instruments manufacturing through prevention, withdrawal and rehabilitation. Under its direct action programmes, 1,496 children employed in surgical instruments production workshops had received non-formal education and pre-vocational training. The Committee had noted that this project had been extended up to 2006 to cover a larger number of children. It notes that, according to the progress report for the second phase of the ILO–IPEC project of January 2005 to May 2006, 2,033 children working in the surgical instruments industry received non-formal education through their placement in non-formal education centres or non-formal education cells with mobile teaching systems. The Committee had noted with interest that, of these children, 633 were mainstreamed from the non-formal education centres to neighbouring schools, thereby withdrawn completely from work, while 137 children have left the surgical trade due to other project interventions. The Committee encourages the Government to pursue its efforts to withdraw and rehabilitate once again children under 18 years of age performing hazardous types of work in the surgical instruments industry and to provide information on the results achieved.

Clause (d). Children at special risk. Child bonded labourers in mines. The Committee had previously noted that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 4 on the mining sector, pages 1, 24 and 25), some miners ask their children of 10 years of age to work with them in mines to lighten the burden of peshgi (i.e. any advance whether in cash or in kind made to the labourer). Thus, in Punjab and in the North-West Frontier Province (NWFP), children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. The rapid assessment also indicates that children working in mines are sexually abused by miners. The Committee once again asks the Government to take the necessary effective and time-bound measures to eliminate child debt bondage in mines, as a matter of urgency.

Children working in brick kilns. The Committee had previously noted that nearly half of children aged 10–14 working in brick kilns work more than ten hours a day without any safeguards and that working in the kilns is a particularly hazardous occupation for children. The Committee had noted that, according to the Technical Progress Report of March 2007 for the ILO–IPEC project to combat child labour in the carpet industry, 3,315 children have been withdrawn from trades, including agriculture, scavenging and the brick kilns industry. The Committee once again requests the Government to pursue its efforts to protect children under 18 engaged in the brick kilns sector from hazardous work and to provide information on progress made in this regard.

Article 8. International cooperation and assistance. Regional cooperation. The Committee had previously noted that Pakistan participates in the South Asian Association for Regional Cooperation (SAARC). The Committee had noted that the Government signed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in 2002. It had noted that according to the ILO–IPEC TICSA report of September 2002, the signatories had committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee had also noted that, according to the ILO–IPEC Technical Progress Report of September 2004, Pakistan signed Memoranda of Understanding with Thailand and Afghanistan to promote bilateral cooperation and address various issues of mutual interest including human trafficking. The Committee had noted that, according to the March 2006 Technical Progress Report for the ILO–IPEC TICSA-II project, national governments in the Asia–Pacific region increasingly recognize the interrelationship between unregulated labour migration and child trafficking and this new realization is leading towards an approach in dealing with the human trafficking issues within the migration framework. According to the report, newly signed bilateral agreements could contribute positively to efforts to combat child trafficking. The Committee once again asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand, as well as of any other bilateral agreement, on the elimination of child trafficking.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee pointed out that accurate data on the extent of bonded labour is essential to develop effective programmes to eliminate debt bondage. The Committee once again encourages the Government to undertake a nationwide survey in cooperation with employers’ and workers’ organizations and with human rights institutions and organizations to determine the extent of child debt bondage and its characteristics.

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 very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Committee had noted that the Government had added that children aged 16 and above may begin training prior to regular service if they are willing to. The Committee had also noted that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68) expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there were reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The Committee on the Rights of the Child also expressed its concern about madrasas (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts. The Committee had recalled that under Article 3(a) of the Convention, the compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and consequently is prohibited. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take immediate measures to ensure that children under 18 years of age are not compelled to participate in armed conflicts. It also once again asks the Government to supply a copy of the National Service Ordinance of 1970 and any other relevant legislation regarding the recruitment of children for their use in armed conflict.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose, commits an offence. It had noted that it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee had also observed that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for purposes of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. Furthermore, it had noted that section 294 of the Penal Code states that it is prohibited to perform any obscene act in a public place. The Committee had noted that “obscene” means “offensive to chastity or modesty, expressing or representing to the mind or view something that delicacy and decency forbid to be expressed” (interpretation given under section 292 of the Penal Code). The Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code include the prohibition of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 6. Programmes of action. Commercial sexual exploitation of children. The Committee had previously noted that, according to the ILO/IPEC Technical Progress Report on the project entitled “Elimination of child labour in the soccer ball industry in Sialkot, Pakistan” of September 2004, the National Commission on Child Welfare and Development (NCCWD), under the Ministry of Women Development, Social Welfare and Special Education, prepared, in July 2004, a report on the commercial sexual exploitation of children which, after examination by the Government, should have resulted in the launching of programmes of action to combat this phenomenon. The Committee notes that, according to the Technical Progress Report of March 2006 for the second phase of the subregional project to combat child trafficking (TICSA), a draft National Plan of Action on the commercial sexual exploitation of children and child sexual abuse was still being finalized and was then expected to be submitted to Cabinet for review and approval. The Committee once again asks the Government to supply a copy of the report drafted by the NCCWD. It also requests the Government to provide information on the status of the National Plan of Action on commercial sexual exploitation and, if it has been adopted, on its impact on preventing children from commercial sexual exploitation or withdrawing them from this worst form of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that ILO/IPEC launched, in 2003, a four-year Project to Support the National Time-bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. It had noted that the project support had several objectives, including to ensure the monitoring of the incidence of the worst forms of child labour and the launching of relevant programmes. The Committee notes the Government’s information that various projects have effectively been launched under the TBP support project in the following industries: tanneries, surgical instruments manufacturing industries, glass bangle making industry, deep-sea fishing industry, coal mining industries and rag picking. According to the Government’s information, under these projects, a total of 11,800 children were provided with vocational training and health care to ensure that they are protected from being involved in the worst forms of child labour. The Committee notes with interest that in the sector of deep-sea fishing, 160 children were provided with vocational training and 1,000 children were given health-care services, while 400 children engaged in rag picking were provided with vocational training and 1,555 were given health-care services. The Committee strongly encourages the Government to pursue its efforts to effectively eliminate the worst forms of child labour in the abovementioned sectors. It requests the Government to continue providing information on progress made in this regard.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Ensure access to education. The Committee had previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low and that independent surveys undertaken in the Karachi area suggest that about 25 per cent of school-age children attend primary education. The Committee had noted that the Government itself reckons that the education system lacks infrastructure and facilities and suffers from a severe shortage of qualified and trained teachers. The Committee had also noted that the Ministry of Education had launched, in 2003, a National Plan of Action on Education for All. The Plan’s objectives were to achieve universal primary education and to eliminate gender disparities in primary and secondary education by 2005. The Committee notes that the National Education Policy of 1998 to 2010 assigns basic education as a top priority and stresses that quality and access to elementary education shall be increased. The Committee requests the Government to provide further information on the implementation of the National Plan of Action on Education for All and the National Education Policy and the results attained.

2. Awareness raising. The Committee notes that, according to the status report of August–December 2006 for the project “Activating media to combat worst forms of child labour in Pakistan”, ILO/IPEC and the Ministry of Information and Broadcasting initiated a three-year collaborative project, from 2006 to 2009, on the basis of the successful completion of phase 1 of the Media Project “Activating media in combating child labour” which ran from 2003 to 2005. In the framework of this project, the ILO/IPEC Action Programme “Media products on child labour for television”, implemented in 2007 for a period of two years, aims to use Pakistan Television as a source of disseminating information on child labour and its worst forms to raise public awareness and motivate the general masses to take affirmative action against it. To reach this objective, it is planned to produce a series of television programmes and to telecast them in order to reach all segments of Pakistan society. Furthermore, the same objective is targeted within the framework of the ILO/IPEC Action Programme “Media products on child labour for radio”, implemented in 2007 for a period of two years, by collaborating with the Pakistan Broadcasting Corporation to produce a series of radio programmes. The Committee requests the Government to provide information on the impact of these awareness-raising programmes in preventing the engagement of children in the worst forms of child labour.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee had previously noted that the Pakistan Baitul Mal (i.e. the National Welfare Agency) had set up 68 centres to rehabilitate children working in hazardous occupations by providing non-formal education. The Committee notes that action programmes, implemented in 2005 entitled “Prevention, withdrawal and rehabilitation of working children and their siblings” in the districts Lower Dir and Swat of the North-West Frontier Province of Pakistan, established, among other things, rehabilitation centres to provide rehabilitation services to working children through counselling and non-formal education. The Committee notes with interest the Government’s information that the “National project on the rehabilitation of child labour” has been expanded. The number of national centres for the rehabilitation of child labourers has been increased from 83 in 2004 to 151 in 2007. In these centres, former child workers between 5 and 14 years of age, removed from hazardous work, are provided with free education, vocational training, clothing, footwear and a stipend. At present, 15,045 students are benefiting from primary education in these centres and 4,467 have been admitted to governmental schools for further education. The Committee once again encourages the Government to pursue its efforts to ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also asks the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Child domestic workers. In its previous comments, the Committee had noted that a Project to Prevent and Eliminate Exploitative Child Domestic Work through Education and Training in South Asia (PEECDW) was established in 2004 to continue addressing the situation of child domestic labourers. The Committee notes that the ILO/IPEC Action Programme “Child domestic work project: basic enabling education programme (non-formal)” was implemented from 2005 to 2006 within the framework of the PEECDW project. According to the summary outline for the Action Programme, child domestic labour is, by nature, susceptible to being or becoming a worst form of child labour because the tasks child domestics perform are difficult to monitor or regulate. The Action Programme targets 1,000 child domestic workers to be withdrawn and placed in a 12-month basic education enabling programme providing educational and vocational services and establishes a system to monitor the situation of these children on a monthly basis. The Committee requests the Government to provide information on progress made with regard to the implementation of the Action Programme on child domestic work and the results achieved.

2. Children working in glass bangle making and tanneries. The Committee had previously noted that, according to the Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan (Chapter 5 on glass bangle making, tanneries and construction, pages 5, 15 and 44), the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study indicated that this type of work is highly dangerous for children due to the exposure to high temperatures. The study further revealed that children aged 11 are found in tanneries in Kasur where they perform various tasks, some of which expose them to harmful chemicals. The Committee notes that, in the framework of the ILO/IPEC project “Supporting the time-bound programme on the elimination of the worst forms of child labour in Pakistan”, several activities were undertaken to protect children from these worst forms in the glass bangle making and the tanneries sectors, including occupational safety and health training in the tanneries sector. These activities included occupational safety and health training in the tanneries sector and medical check-ups in the glass bangle making sector. The Committee notes that an ILO/IPEC Action Programme “The elimination of worst forms of child labour from the glass bangle industry in district Hyderabad” was implemented from 2005 to 2008 to address the issue of child labour in the sector by organizing orientation workshops, awareness-raising activities, exposure visits and regular meetings and by building strong partnerships with the district government, social partners, training institutes and non-governmental organizations. The Committee also notes that an ILO/IPEC Action Programme “Elimination of worst forms of child labour from tannery industries in district Kasur” was implemented in 2005 as well. Furthermore, another ILO/IPEC Action Programme “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 in several sectors, including in glass bangle making and tanneries. Moreover, the Government indicates that, in the context of these action programmes, 300 children working in the glass bangle industry were provided with vocational training and 4,750 received health care, while 50 children working in the tannery industry were provided with vocational training and 250 received health care. The Committee encourages the Government to pursue its efforts to protect children under 18 years of age working in the glass bangle making and tanneries sectors from the worst forms of child labour. It requests the Government to provide information on the results attained.

3. Street children. The Committee had previously noted the increasing number of street children and the vulnerability of these children to exploitation, the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee notes that, according to the Technical Progress Report of March 2006 for the ILO/IPEC project to combat child trafficking and sexual exploitation (TICSA-II), the Government of Punjab had established a Child Protection and Rehabilitation Bureau (CPRB) in Lahore to rehabilitate street children and that the CPRB has established its rehabilitation centre in the Rahim Yar Kan and has now planned to open five more such rehabilitation centres in various cities of the Punjab province. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the number of street children who were effectively prevented or withdrawn from such worst forms of child labour as a result of the CPRB’s activities.

4. Child victims of the 2005 Pakistan earthquake. The Committee notes that, on 8 October 2005, an earthquake registering 7.6 on the Richter scale hit Pakistan, killing 73,338 people, injuring over 135,000 and destroying a large number of educational facilities and resources. It observes that the large number of families and children who have been affected by the earthquake are subject to a high degree of vulnerability and are exposed to serious risks from lack of safe shelter and protection against various forms of abuse and exploitation, including child labour and its worst forms. The Committee notes that an ILO/IPEC project “Pakistan earthquake – Child labour response” (ILO/IPEC earthquake project) has been implemented in 2006 for a period of three years within the framework of the ILO/IPEC umbrella project of support to the National Time-Bound Programme, and national earthquake reconstruction and rehabilitation framework. At the national level, the project aims to contribute to mainstreaming child labour issues into the Government’s recovery and reconstruction policy and programmes, while, at the district and community levels, the key strategies are capacity building and targeted direct action. Therefore, the project targets a total of 2,500 children (1,250 girls and 1,250 boys) who were engaged in child labour prior to the project, children who continue to be involved in child labour post earthquake or who are at risk of being engaged in child labour. The project aims to withdraw 500 children from child labour and prevent 2,000 children from being engaged in child labour, with a focus on its worst forms. The Committee requests the Government to provide information on the progress made with regard to the implementation of the ILO/IPEC earthquake project and, more specifically, on the number of children affected by the earthquake who were effectively prevented or withdrawn from the worst forms of child labour.

Article 8. International cooperation and assistance. Poverty reduction. The Committee had previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It had also noted that, according to the Poverty Reduction Strategy Paper (PRSP), entitled “Accelerating economic growth and reducing poverty: The road ahead” launched in 2003, measures were to be taken to achieve high and sustained broad-based economic growth particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. The Committee notes that, according to the Technical Progress Report of September 2006–February 2007 for the ILO/IPEC project to support the time-bound programme on the elimination of the worst forms of child labour in Pakistan, the PRSP does not pay specific attention to the poor and vulnerable, but that the Government has been busy formulating PRSP-II with the recommendations of ILO/IPEC. The Committee asks the Government to provide information on any notable impact of the PRSP-II towards eliminating the worst forms of child labour.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the communications of the All Pakistan Federation of Trade Unions (APFTU) of 30 March 2007 and of the Pakistan Workers’ Federation (PWF) of 2 May 2007.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted the allegations of the International Trade Union Confederation (ITUC), according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. Women and children reportedly arrive from Bangladesh, Myanmar, Afghanistan, Sri Lanka and India, many to be bought and sold in shops and brothels. The Committee had also noted that the ITUC’s allegations that several hundred boys from Pakistan were trafficked to the Gulf States to work as camel jockeys. Moreover, in some rural areas, children are sold into debt bondage in exchange for money or land. The Committee had noted that the ILO–IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka and that the project was subsequently extended to Pakistan, Indonesia and Thailand. According to the project report of September 2002 (pages 14–15), approximately 100,000 women and children were internally trafficked in Pakistan, and approximately 200,000 women and children were trafficked from Bangladesh to Pakistan between 1990 and 2000. The Committee had also noted that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 76), while noting the serious efforts undertaken by the State party to prevent child trafficking, had expressed its deep concern at the very high incidence of trafficking in children for the purposes of sexual exploitation, bonded labour and camel jockeying.

The Committee had observed that sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provide that human trafficking for the purpose of exploitative entertainment (i.e. activities in connection with sex), slavery or forced labour is prohibited. Section 370 of the Penal Code also prohibits the sale and trafficking of persons for the purpose of slavery.

The Committee notes that, according to the Technical Project Report of March 2006 for the second phase of the TICSA project (TICSA-II), a regional legal review was commissioned in early 2005 and has been completed to contribute to the improvement of national capacity to make legal reforms in the light of the international instruments to combat trafficking and towards effective enforcement of relevant laws and regulations to combat child trafficking for sexual and labour exploitation. By reviewing the Prevention and Control of Human Trafficking Ordinance of 2002, it was observed that the definition of “human trafficking” fails to recognize the transfer and transportation of persons as important parts of the trafficking process. Moreover, the definition focuses only on transportation in and out of Pakistan and ignores trafficking within Pakistan, which is prevalent in the country. The Committee notes that in order to discuss the findings of the review, a tripartite regional workshop was organized and that recommendations were made to amend the legislation and strengthen implementing and monitoring mechanisms.

The Committee consequently observes that, although national legislation exists to prohibit the trafficking of children for labour or sexual exploitation, it is not comprehensive and trafficking remains an issue of concern in practice. The Committee requests the Government to take immediate measures to ensure that the transfer and transportation of children under 18 years of age for labour and sexual exploitation, as well as the internal trafficking of children under 18 for the same purposes, is effectively prohibited in national legislation. The Committee also once again invites the Government to redouble its efforts to improve the situation and to take the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It once again asks the Government to provide information on progress made in this regard.

2. Debt bondage. In its previous comments, the Committee had noted the ITUC’s indications that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and carpet-making sectors. The Committee had also noted that the Federal Cabinet approved a National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers (National Policy for the Abolition of Bonded Labour) in September 2001, but that its implementation has been slow. The Committee had noted that, by virtue of section 4(1) of the Bonded Labour System (Abolition) Act (BLSA), 1992, “the bonded labour system shall stand abolished and every bonded labourer shall stand free and discharged from any obligation to render any bonded labour”. Section 4(2) of the BLSA states that no one shall make an advance under or in pursuance of the bonded labour system or other forms of forced labour.

The Committee notes that, in its report submitted under Convention No. 29, the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its National Policy for the Abolition of Bonded Labour, including the establishment of a legal aid service and the incorporation of the issue of child bonded labour into the syllabi of the judicial, police and civil service academies. The Committee also notes that an ILO project to promote the elimination of bonded labour in Pakistan (PEBLIP) is being implemented for the period of March 2007 to April 2010 as an expansion and continuation of ongoing technical cooperation undertaken by the ILO in Pakistan since 2001. One of the key strategies of this project is to focus on policy and law revision to create a national conducive environment and to develop institutional capacity for its effective implementation, while the key implementation mechanism will be the National Committee on Bonded Labour, a tripartite-plus standing committee established under the National Policy on Abolition of Bonded Labour. The project aims to protect bonded labourers, prevent women and men who are at risk of falling into bondage and assist the families that have been released from bondage.

The Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, child debt bondage is prohibited, and that under Article 1 of the Convention, it is obliged to take immediate measures to prohibit and eliminate this worst form of child labour. While recognizing the initiatives taken by the Government pursuant to the National Policy on Abolition of Bonded Labour, the Committee requests the Government to continue to take measures to ensure its effective implementation. The Committee also requests the Government to indicate the impact of the ILO PEBLIP project on the situation of child bonded labourers in Pakistan, notably with regard to the removal of children under 18 from bonded labour and their rehabilitation.

Article 3(d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted 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”. The Committee had also noted 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 for 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. The Committee had also observed 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 had further noted the Government’s indication that the Ministry of Labour, Manpower and Overseas Pakistanis was working on the consolidation and rationalization of labour laws which will include amending the definition of a child so as to bring its legislation into line with the Convention. The Government had added that the process requires the approval of Parliament, which takes time.

The Committee notes that, according to the information provided by the Government, the Employment of Children Act, as amended by Act No. 1280(1) of 2005, includes in the list of types of hazardous work prohibited to children under 14 years of age “work in underground mines and quarries including blasting and assisting in blasting”. The Committee once again recalls that, under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature of the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to take immediate measures as a matter of urgency to ensure that the legislation is amended to raise the minimum age for admission to hazardous work to 18. It also once again asks the Government to take the necessary measures to ensure that the types of hazardous work, in particular those provided in Parts I and II of the Schedule of the Employment of Children Act, are prohibited to children under 18 years of age.

Article 5. Monitoring mechanisms. 1. Local vigilance committees. The Committee had noted, in its previous comments, the ITUC’s indication that the BLSA prohibits bonded labour but remains ineffective in practice. It had also noted that local vigilance committees were constituted to monitor the implementation of the BLSA but that there were reports of serious corruption within these committees. The Committee had noted that the vigilance committees are composed of the deputy commissioner of the district, representatives of the police, the judiciary, the legal profession, the municipal authorities; and under the recommendation of the ILO Conference Committee on the Application of Standards, membership was extended to include workers’ and employers’ representatives. The Committee had also noted the Government’s statement that efforts were being made to implement the BLSA with an Anti-Corruption Strategy that was formulated in 2003. The Committee notes that, in the framework of the 2007 ILO PEBLIP project, the vigilance committees will also ensure better on-ground implementation of project activities. Furthermore, according to the Government’s report submitted under Convention No. 29, one of the recent initiatives taken by the Government within the framework of the National Policy for the Abolition of Bonded Labour is to organize training workshops for key district government officials and other stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees. The Committee requests the Government to provide information on the concrete measures taken by the local vigilance committees to ensure the effective implementation of the BLSA and of the ILO PEBLIP project to promote the elimination of bonded labour, and the results achieved. It also requests the Government to indicate whether the Anti‑Corruption Strategy has contributed to improving the implementation of the BLSA.

2. Labour inspection. The Committee had noted, in is previous comments concerning the application of the Labour Inspection Convention, 1947 (No. 81), the measures taken by the Government in cooperation with ILO–IPEC to reinforce labour inspection so as to efficiently combat child labour. The Committee had noted, however, the ITUC’s indications that the number of inspectors is insufficient, that they lack training and are reported to be open to corruption. The ITUC had added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee notes the indication of the PWF, according to which the Government of Pakistan should take more effective measures to monitor the use of child labour in the informal sector with the cooperation of the “Independent Labour Inspection Machinery”. Furthermore, in communications sent to the Office with the Government’s report under Convention No. 81, the PWF indicates that the governments of the two largest provinces of the country, namely Sindh and Punjab, have no system for supervising the application of the legislation. According to the PWF, these governments apply a policy of not inspecting a business for one year following its establishment. The PWF, in a communication of May 2007, further indicates that in the two abovementioned provinces, inspectors may not enter a workplace without prior permission from the employer or prior notice on the employer. The Committee also notes that, in its communication of 21 September 2008, the PWF observes that the Employment of Children Act of 1991 needs to be implemented more effectively. In this regard, the PWF indicates that it held a bilateral dialogue with the Federal Minister and the provincial governments to enforce the provisions of this Act through an effective labour inspection mechanism.

The Committee notes that, according to the Technical Progress Report of March 2007 for the ILO–IPEC project to combat child labour in the carpet industry, the ILO’s external monitoring system is in place in each district of Pakistan and independent verification of the child labour situation is being done continuously through the ILO’s external monitoring system. In the case of the carpet weaving industry, the Committee notes that 4,865 monitoring visits have been made to 3,147 workplaces in the project areas, while 2,569 visits have been made to non-formal education centres to verify that children who were prevented or withdrawn from carpet weaving were actually attending schools. The Committee also notes that, according to the information available to the Office under Convention No. 81, a tripartite workshop organized jointly with the ILO–IPEC on “Revitalizing Labour Inspections System in Punjab” was held on 22 and 23 August 2007 in Lahore. In the course of the workshop, various issues were addressed including the Government’s labour inspection policy. The Committee nevertheless notes the information provided by the Government that 49,547 inspections were carried out in 2005, 9,286 in 2006 and 322 in 2007. It observes with concern that, according to those statistics, the number of inspections has decreased dramatically from 2005 to 2007. The Committee requests the Government to continue taking measures to train labour inspectors and provide them with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist and, more specifically, to strengthen the monitoring systems in the Punjab and Sindh provinces. It also requests the Government to provide more information on the number of workplaces investigated per year, and on the findings of labour inspectors with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. TICSA-II project. The Committee had previously noted that the subregional project to combat child trafficking (TICSA) aimed at, amongst other things, determining the demand side of trafficking of children and women in Pakistan for labour and sexual exploitation. The Committee notes that, according to the Technical Project Report of March 2006 for the second phase of the TICSA project (TICSA-II), the regional study on the demand side of trafficking in Asia has been completed. The Committee also notes that an Information Kit on Human Trafficking was developed in English and Urdu to provide training to district officials, representatives of workers’ and employers’ organizations, non-governmental organizations and other relevant groups in the districts of Sindh and Punjab. The Committee requests the Government to provide information on the measures taken as a result of the regional study on the demand side of trafficking in Asia and information on the use and efficacy of the Information Kit on Human Trafficking.

Article 7, paragraph 1. Penalties. The Committee had previously noted the ITUC’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that when they are prosecuted, the fines imposed are usually insignificant. The Committee notes the APFTU’s indication, in its recent communication, that, although child labour is prohibited by national legislation, the reality of the situation shows that child labour and its worst forms are still widespread.

The Committee notes that, according to the information provided by the Government, the number of prosecutions decreased from 377 in 2005, to 55 in 2006, to none in 2007. The Committee observes that the statistics provided by the Government offer no particular indication as to whether the prosecutions that were reported relate to cases which involved the engagement of children under 18 years of age in the worst forms of child labour. The Committee once again recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee once again emphasizes the importance of taking the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and to press for the imposition of sufficiently effective and dissuasive penal sanctions. It also once again requests the Government to provide information on the practical application of the laws, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Bonded labour. The Committee had previously noted that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan of 2004, workers in the brick kiln sector were not aware of the general legislation that applies to bondage. It notes that, in the framework of the 2007 ILO PEBLIP project, one of the followed strategies is to field-test tripartite models for the prevention of bonded labour, in particular through pilot initiatives in the brick kiln sector in Punjab. The project also aims to launch a national-level programme on awareness raising. The Committee requests the Government to supply information on the impact of the ILO PEBLIP project on preventing children under 18 years of age from being engaged in bonded labour, especially in the brick kiln sector.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee notes that, according to the Technical Progress Report of March 2006 for the ILO–IPEC TICSA-II project, the Child Protection and Rehabilitation Bureau (CPRB) that has been established in Lahore to rehabilitate street children has also been assigned the task of housing returned camel jockeys from the United Arab Emirates and of facilitating their reintegration within their families and communities. The Committee also notes that the Regional Child Friendly Guidelines for the Rehabilitation of the Victims of Trafficking have been developed in the framework of the TICSA-II project. The objective of this activity is to contribute to the improvement of the overall services at the rehabilitation shelters during the process of recovery and rehabilitation of the child victims of trafficking. The Committee requests the Government to provide information on the number of child victims of trafficking for labour or sexual exploitation who were effectively withdrawn and rehabilitated by the CPRB or other rehabilitation shelters.

2. Child bonded labourers. The Committee had previously noted that the European Union and the ILO were assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee had also noted that the Government had established a “Fund for the education of working children and rehabilitation of freed bonded labourers”. The Committee notes that the 2007 ILO PEBLIP project to promote the elimination of bonded labour in Pakistan aims to provide social and economic assistance to the families that have been released from bondage to help them re-establish their lives. The Committee requests the Government to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

3. Children working in the carpet industry. The Committee had previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. It had noted that the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA) and ILO–IPEC launched in 1998 a project to combat child labour in the carpet industry which had, so far, contributed to the withdrawal of 13,000 carpet-weaving children (83 per cent of whom were girls) from hazardous working conditions. The Committee notes that, according to the March 2007 Technical Progress Report for the second phase of the ILO–IPEC project to combat child labour in the carpet industry, a baseline survey on child labour in the carpet weaving industry in the province of Sindh has been completed. According to this survey, there are over 25,752 carpet weaving households in the Sindh province with an estimated 33,735 carpet weaving children, out of which 24,023 are estimated to be below 14 years of age and 9,712 are between 14 and 18 years of age. The Committee notes with interest that 11,933 children (8,776 girls and 3,157 boys) have been withdrawn from carpet weaving and enrolled in non-formal education centres. The Committee once again encourages the Government to pursue its efforts to rehabilitate children under 18 years of age who undertake hazardous work in the carpet weaving industry and to provide information on the results achieved.

4. Children working in the surgical instruments industry. The Committee had previously noted the ITUC’s indication that children constitute about 15 per cent of the workforce in the surgical instruments industry, which is one of the most hazardous industries. The Committee had also noted that the ILO–IPEC, with the assistance of the Italian social partners and the Surgical Instruments Manufacturers’ Association of Pakistan, launched in 2000, a project to combat hazardous and exploitative child labour in surgical instruments manufacturing through prevention, withdrawal and rehabilitation. Under its direct action programmes, 1,496 children employed in surgical instruments production workshops had received non-formal education and pre-vocational training. The Committee had noted that this project had been extended up to 2006 to cover a larger number of children. It notes that, according to the progress report for the second phase of the ILO–IPEC project of January 2005 to May 2006, 2,033 children working in the surgical instruments industry received non-formal education through their placement in non-formal education centres or non-formal education cells with mobile teaching systems. The Committee notes with interest that, of these children, 633 were mainstreamed from the non-formal education centres to neighbouring schools, thereby withdrawn completely from work, while 137 children have left the surgical trade due to other project interventions. The Committee encourages the Government to pursue its efforts to withdraw and rehabilitate children under 18 years of age performing hazardous types of work in the surgical instruments industry and to provide information on the results achieved.

Clause (d). Children at special risk. 1. Child bonded labourers in mines. The Committee had previously noted that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 4 on the mining sector, pages 1, 24 and 25), some miners ask their children of 10 years of age to work with them in mines to lighten the burden of peshgi (i.e. any advance whether in cash or in kind made to the labourer). Thus, in Punjab and in the North-West Frontier Province (NWFP), children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. The rapid assessment also indicates that children working in mines are sexually abused by miners. The Committee once again asks the Government to take the necessary effective and time-bound measures to eliminate child debt bondage in mines, as a matter of urgency.

2. Children working in brick kilns. The Committee had previously noted that nearly half of children aged 10–14 working in brick kilns work more than ten hours a day without any safeguards and that working in the kilns is a particularly hazardous occupation for children. The Committee notes that, according to the Technical Progress Report of March 2007 for the ILO–IPEC project to combat child labour in the carpet industry, 3,315 children have been withdrawn from trades, including agriculture, scavenging and the brick kilns industry. The Committee requests the Government to pursue its efforts to protect children under 18 engaged in the brick kilns sector from hazardous work and to provide information on progress made in this regard.

Article 8. International cooperation and assistance. Regional cooperation. The Committee had previously noted that Pakistan participates in the South Asian Association for Regional Cooperation (SAARC). The Committee had noted that the Government signed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in 2002. It had noted that according to the ILO–IPEC TICSA report of September 2002, the signatories had committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee had also noted that, according to the ILO–IPEC Technical Progress Report of September 2004, Pakistan signed Memoranda of Understanding with Thailand and Afghanistan to promote bilateral cooperation and address various issues of mutual interest including human trafficking. The Committee notes that, according to the March 2006 Technical Progress Report for the ILO–IPEC TICSA-II project, national governments in the Asia–Pacific region increasingly recognize the interrelationship between unregulated labour migration and child trafficking and this new realization is leading towards an approach in dealing with the human trafficking issues within the migration framework. According to the report, newly signed bilateral agreements could contribute positively to efforts to combat child trafficking. The Committee once again asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also once again asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand, as well as of any other bilateral agreement, on the elimination of child trafficking.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee pointed out that accurate data on the extent of bonded labour is essential to develop effective programmes to eliminate debt bondage. The Committee once again encourages the Government to undertake a nationwide survey in cooperation with employers’ and workers’ organizations and with human rights institutions and organizations to determine the extent of child debt bondage and its characteristics.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2001. It requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that forced labour is prohibited by virtue of article 11(2) of the Constitution and section 374 of the Penal Code. It is also prohibited to import, export, remove, buy, sell or otherwise dispose of a person as a slave (section 370 of the Penal Code). Section 3(ii) of the Ordinance of 2002 to prevent and control human trafficking states that it is prohibited to provide, obtain or employ the labour or services of a person by coercion, scheme, plan or method intended to make that person believe that, in the event of non-performance of that labour or service, that person or any other person may suffer from serious harm or physical restraint.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, paragraphs 54 and 359), the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Government adds that children aged 16 and above may begin training prior to regular service if they are willing to. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68) expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there are reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The Committee on the Rights of the Child also expressed its concern about "madrasas" (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts. The Committee recalls that under Article 3(a) of the Convention, the compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and consequently is prohibited. It also draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age are not compelled to participate in armed conflicts. It also asks the Government to supply a copy of the National Service Ordinance of 1970 and any other relevant legislation regarding the recruitment of children for their use in armed conflicts.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose commits an offence. It is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee also observes that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for purposes of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. Section 294 of the Penal Code states that it is prohibited to perform any obscene act in a public place. The Committee notes that "obscene" means "offensive to chastity or modesty, expressing or representing to the mind or view something that delicacy and decency forbid to be expressed" (interpretation given under section 292 of the Penal Code). The Committee requests the Government to define the term "unlawful or immoral purpose".

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of sections 4, 6, 7 and 8 of the Control of Narcotic Substances Ordinance of 1995, the cultivation, possession, importation, exportation or trafficking of narcotic drugs and psychotropic substances is prohibited. Section 14 of the aforementioned Ordinance states that no one shall, within or outside Pakistan, participate in, aid, abet, facilitate, incite, induce or counsel, the commission of an offence punishable under this Ordinance.

Article 3, clause (d), and Article 4, paragraph 1. 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 section 51 of the Factories Act of 1934 (as amended by sections 15 and 19 of the Employment of Children Act) provides that no child or adolescent under 18 years of age shall be allowed to work in any factory unless the child had obtained a certificate of fitness from a certified medical practitioner. The adolescent aged 14 to 18 years who has obtained the certificate of fitness is then considered as an adult for the purposes of the Factory Act and is deemed fit for a full day’s work in a factory (sections 52(2)(b) and 53 of the Factories Act).

The Committee 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. Parts I and II of the Schedule provide for 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 also observes 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. It also observes that, according to section 3 of the Road Transport Workers Ordinance of 1961, the minimum age for admission to road service transport is 18 for a driver and 21 for other occupations. The Committee further notes the Government’s indication that the Ministry of Labour, Manpower and Overseas Pakistanis is currently working on the consolidation and rationalization of labour laws which will include amending the definition of a child so as to bring its legislation into line with the Convention. It adds that the process requires the approval of Parliament, which will take time. The Committee also notes that, according to section 26 of the Mines Act of 1923, read in conjunction with section 15 of the Employment of Children Act, young persons under 17 shall not be employed in mines unless the young person has a certificate of fitness delivered by a medical practitioner. The Committee recalls that, under Article 3(d) of the Convention, children under 18 shall not perform work, which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly hopes that the legislation will soon be amended to raise the minimum age for admission to hazardous work at 18. It also asks the Government to take the necessary measures to ensure that the list of the types of hazardous work, in particular those provided in Schedule I and II, applies to children under 18 years of age.

West Pakistan. The Committee notes that, in pursuance of section 33Q(4) of the Factories Act, the Governor of West Pakistan adopted, in 1963, eight detailed rules that prohibit the employment of persons under 18 in specific hazardous activities involving the manufacturing, manipulation or contact with lead, chemicals (including carbonates, chromates, chlorates, oxides, sodium, zinc, magnesium, ammonia, sulphurous, sulphuric, boric, phosphoric, cynogen compounds as well as explosives), rubber, chromium, cellulose solution spraying, sand blasting, sodium and potassium-bichromates, petrol, gas-generating plant. The Committee encourages the Government to take the necessary measures to extend the abovementioned rules nationwide.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, by virtue of section 17 of the Employment of Children Act of 1991, the Government may appoint inspectors to implement the Act. These inspectors are public servants within the meaning of the Pakistan Penal Code. The Committee requests the Government to provide information on the activities of inspectors implementing the Employment of Children Act, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the mechanisms designed to monitor the implementation of the penal provisions giving effect to the Convention.

2. Monitoring of projects on the elimination of the worst forms of child labour. The Committee observes that ILO/IPEC, under the 1997 project to prevent and eliminate child labour in the production of soccer balls in Sialkot, has set up an external monitoring system to ensure the elimination of child labour in the stitching centres of participating manufacturers. According to ILO/IPEC, the project has since been completed but the monitoring system remains in place. Other manufacturers such as the Pakistan Carpet Manufacturers’ and Exporters’ Association and the Surgical Instruments Manufacturers’ Association of Pakistan have adopted similar approaches to address child labour in their respective sectors. The Committee accordingly asks the Government to provide information on the concrete measures taken by the monitoring systems and the results achieved with regard to the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding (MOU). The Committee notes that the Government signed an MOU in June 1994 with ILO/IPEC, which was extended three times until December 2004. About 50 action programmes were initiated under the MOU between 1994 and 2001. The major projects targeted the soccer ball industry (Sialkot), the carpet manufacturing industry (Gujranwala, Lahore), street children (Peshawar), and the surgical instruments industries (Sialkot). These were implemented in collaboration with the Government, organizations of workers and employers, and other relevant organizations. A number of short-term programmes, including awareness-raising workshops with a wide range of stakeholders, recreational events, awareness-raising films, and educational material, were launched to complement the interventions being made through the action programmes. The Committee notes that approximately 25,000 children have directly benefited from the ILO/IPEC action programmes (6,000-7,000 children in the soccer ball industry, 8,000-10,000 in carpet weaving, 720 children in the auto repair shops or working in the street, 500 children in the surgical industry, and 1,080 children working in other types of hazardous work). The Committee encourages the Government to pursue its efforts to eliminate the worst forms of child labour and asks the Government to provide information on any new programmes taken to this end.

2. National Policy and Plan of Action to Combat Child Labour. The Committee notes the ICFTU’s indication that no funds have yet been allocated for the National Policy and Plan of Action to Combat Child Labour which was launched by the Government in May 2000 to eliminate the worst forms of child labour. It adds that child labour is widespread. The Committee also notes the Government’s indication that the Plan of Action aims at: (i) progressively eliminating child labour in all economic sectors; (ii) the immediate withdrawal of children from the worst forms of child labour; (iii) preventing the engagement of under-aged children in the worst forms of child labour through universalization of primary education and family empowerment; and (iv) the rehabilitation of working children through non-formal education and pre-vocational training. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 69) expressed its concerned about the prevalence of child labour which is still extremely high and that the phenomenon is widely accepted in society. The Committee accordingly 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 under this Plan to eliminate the worst forms of child labour as well as on the results achieved.

3. Commercial sexual exploitation of children. The Committee notes that, according to the ILO/IPEC Technical Progress Report on the project entitled "Elimination of child labour in the soccer ball industry in Sialkot, Pakistan" (September 2004) the National Commission on Child Welfare and Development (NCCWD), under the Ministry of Women Development, Social Welfare and Special Education, prepared, in July 2004, a report on the commercial sexual exploitation of children which, after examination by the Government, should result in the launching of programmes of action to combat this phenomenon. The Committee asks the Government to supply a copy of the report drafted by the NCCWD and to provide information on the measures taken or envisaged in light of the report to eliminate the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes the ICFTU’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that, when they are prosecuted, the fines imposed are usually insignificant. It nevertheless notes that sections 372 and 373 of the Penal Code provide for sufficiently effective and dissuasive penalties for the use, procuring or offering of a child under 18 for prostitution or for any unlawful and immoral purpose. Section 15 of the Control of Narcotic Substances Ordinance, 1995, also provides for effective penalties for the use, procuring or offering of a person for the production and trafficking of drugs. Sections 14 and 15 of the Employment of Children Act provide that a person who employs a child in breach of the provisions of this Act, of the Mines Act of 1923, or of the Factories Act of 1934, is liable to one year of imprisonment or a maximum fine of 20,000 rupees or both. The Committee further notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 74-75) expressed its concerned at the absence of measures to prosecute the perpetrators of child sexual exploitation. The Committee accordingly requests the Government to take the necessary measures to ensure that a person who violates the legal provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Time-bound measures. The Committee notes that ILO/IPEC launched in 2003 a four-year Project to Support the National Time-Bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. In order to assist the Government in concretizing its national TBP, ILO/IPEC initiated in 2002 the preparatory phase of the TBP. ILO/IPEC identified, after consultation with the Government, organizations of workers and employers, civil society organizations and academicians, 29 hazardous occupations for children. Of these occupations and processes, six sectors were identified jointly with the Ministry of Labour to be addressed on a priority basis, i.e. glass bangle making, surgical instruments manufacturing, tanneries, coalmining, scavenging, and deep-sea fishing and seafood processing and ship breaking. Subsequently baseline survey and rapid assessments were conducted in these six sectors in order to take appropriate action. The objectives of the project support are to: (i) enhance the national knowledge base on child labour for use by policy-makers, researchers and planners; (ii) improve policy and the legislative framework; (iii) ensure that the educational and training needs of children engaged in the worst forms of child labour are addressed and the necessary resources allocated by the district governments; (iv) ensure the monitoring of the incidence of the worst forms of child labour and the launching of relevant programmes; and (v) provide credit facilities to children engaged in the worst forms of labour and their families. The Committee asks the Government to provide information on the concrete measures taken under the TBP and their impact on eliminating the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Free and compulsory education. The Committee notes the Government’s indication that the federal and provincial governments have enacted laws on free and compulsory primary education. It also notes that, according to the ILO/IPEC Technical Progress Report on Combating Child Labour in the Carpet Industry of October 2004, legislation has been enacted to introduce free and compulsory primary education in four provinces of the country (i.e. in 1995 in the Punjab and the North-Western Frontier Province of Pakistan, in 2001 in Sindh and in 2004 in Balochistan). The Committee further observes that Ordinance No. XIV on compulsory education in the Islamabad Capital Territory of 2002 provides that parents shall cause their children to attend primary education (section 3). The Committee asks the Government to supply a copy of the compulsory education legislation applicable in Punjab, Sindh and Balochistan and the North-Western Frontier Province of Pakistan.

2. Ensure access to education. The Committee notes the ICFTU’s indication that the attendance rates in primary education are very low. The ICFTU states that while government statistics indicate that the school attendance rate is about 70 per cent, independent surveys undertaken in the Karachi area suggest that about 25 per cent of school-age children attend primary education. The Government itself reckons that the education system lacks infrastructure and facilities and suffers from a severe shortage of qualified and trained teachers (Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead", December 2003, page 67). The Committee also notes that, according to Government’s indication and the ILO document entitled "Child labour and responses: Overview note - Pakistan" (page 4), the Ministry of Education launched, in 2003, a National Plan of Action on Education for All. The Plan’s objectives are to achieve universal primary education and to eliminate gender disparities in primary and secondary education by 2005. The Committee asks the Government to provide information on the impact of the National Plan of Action on Education for All on preventing the engagement of children in the worst forms of child labour.

3. Awareness raising. The Committee notes that, in July 2003, ILO/IPEC, together with the Ministry of Information and Broadcasting and its corporate agencies, Pakistan Television and Pakistan Broadcasting Corporation, launched a two-year project entitled "Activating media in combating child labour". This project aims at strengthening the capacity building of media managers, national television and radio producers to produce plays, drama serials, talk shows, discussion forums and songs on child labour issues. The media project is an integrated part of the national TBP on the elimination of the worst forms of child labour and aims at raising public awareness. The Committee requests the Government to provide information on the impact of the abovementioned project in preventing the engagement of children in the worst forms of child labour.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to the Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead" (prepared by the Government in December 2003, page 101), the Pakistan Baitul Mal (i.e. the National Welfare Agency) has set up 68 centres to rehabilitate children working in hazardous occupations by providing non-formal education. These children are given a monthly stipend of 150 rupees in addition to uniforms, shoes and meals during school hours, and parents receive 250 rupees for each child sent to school. The report also indicates that 324 non-formal education centres were established to provide education to carpet-weaving children from where they are mainstreamed into formal education. The Committee also notes that the ILO/IPEC ongoing project to prevent and eliminate child labour in the production of soccer balls in Sialko has provided 10,572 soccer ball-stitching children with non-formal education, among which 5,838 have been mainstreamed into formal schools. The Committee encourages the Government to pursue its efforts to ensure access to free basic education for all children removed from the worst forms of child labour and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also asks the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Child domestic workers. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 69-71) expressed its concern about the situation of child domestic workers who are "very vulnerable to abuse and completely lack protection". It also notes that the Government launched, in 2000, with the assistance of ILO/IPEC, a National Programme entitled "Services for children in difficult circumstances" which included a project on child domestic workers. This project was implemented in three urban centres with the aim of: (i) developing a knowledge base on the issue of child domestic labour; (ii) providing non-formal education and vocational training to child domestic labourers; and (iii) developing national capacity to deal with the issue effectively. The project revealed that children work long hours, are isolated, work at night, have limited opportunities for education and are exposed to safety and health hazards (especially due to the lack of rest) as well as physical and/or sexual abuses. The Project to Prevent and Eliminate Exploitative Child Domestic Work, through Education and Training, in South Asia was consequently established in 2004 to continue addressing the situation of child domestic labourers. It will focus on promoting the integration of child domestic labour as part of a broader child labour issue in national development policy and programmes, and continue to undertake direct actions with child domestic workers, their employers, families and communities. The Committee requests the Government to provide information on the results achieved under the abovementioned project to ensure that child domestic workers do not perform hazardous work.

2. Children working in brick kilns. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 1 on brick kilns, the Ministry of Labour, Manpower and Overseas Pakistanis, the Government and the ILO, 2004, pages 10-11, 41), nearly half of children aged 10-14 working in brick kilns work more than ten hours a day and without any safeguards. The study on brick kilns indicates that children of 10 to 14 years of age do not use protective clothing or equipment. Children working in brick kilns continuously lift and carry heavy burdens, squat for long periods, and are exposed to dust. The study concludes by stating that working in the kilns is a particularly hazardous occupation for children. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age working in the kilns do not perform work that is likely to harm their health, safety or morals.

3. Children working in glass bangle making and tanneries. The Committee notes, that according to the Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan (Chapter 5 on glass bangle making, tanneries and construction, pages 5, 15 and 44), the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study indicates that this type of work is highly dangerous for children due to the exposure to high temperatures. Many children suffer from respiratory diseases such as asthma. The study further reveals that children aged 11 are found in tanneries in Kasur; they perform various tasks, some of which expose them to harmful chemicals. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age working in glass bangle making and tanneries do not perform work that is likely to harm their health, safety or morals.

4. Street children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 78 and 79) expressed its concern at the increasing number of street children and the vulnerability of these children to exploitation, the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect street children under 18 years of age from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee notes that Pakistan ratified the Convention on the Rights of the Child in 1990 and signed the Optional Protocol on the Involvement of Children in Armed Conflicts in 2001.

2. Poverty reduction. The Committee observes that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It also notes that, according to the Poverty Reduction Strategy Paper (PRSP), entitled "Accelerating economic growth and reducing poverty: The road ahead" launched in 2003, measures will be taken to achieve high and sustained broad-based economic growth particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. The Committee asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions of courts of law are available concerning the application of the legal provisions giving effect to the Convention. The Committee asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee observes that a child labour survey was conducted by the Federal Bureau of Statistics with the assistance of ILO/IPEC in 1996. The study reveals that about 3.3 million children aged 5 to 14 (i.e. 8.3 per cent of the age group) are working, mainly in the agricultural, sales and services, mining, construction, manufacturing and transport sectors. The Committee notes that, according to the Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead" (December 2003, page 101) and the ILO/IPEC technical progress report on the project entitled "Supporting the Time Bound-Programme on the Elimination of the Worst Forms of Child Labour in Pakistan" (September 2004, page 8), the Federal Bureau of Statistics will launch with the assistance of ILO/IPEC a follow-up of the 1996 survey to assess the impact of measures taken by the Government so far. The Committee accordingly asks the Government to provide updated information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2001 as well as the communication of the All Pakistan Federation of Trade Unions (APFTU) dated 9 July 2003. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking and debt bondage of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. Women and children reportedly arrive from Bangladesh, Myanmar, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels. The ICFTU also indicated that estimates of the number of such trafficked children who become child prostitutes vary, but most suggest around 40,000. The Committee also noted the indications of the ICFTU that there were reports of several hundred boys from Pakistan trafficked to the Gulf States to work as camel jockeys. Moreover, in some rural areas, children are sold into debt bondage in exchange for money or land. While noting the absence of information in the Government’s report on these points, the Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended subsequently to Pakistan, Indonesia and Thailand. According to the project report of September 2002 (pages 14-15), approximately 100,000 women and children are internally trafficked in Pakistan, and approximately 200,000 women and children aged 12-30 were trafficked from Bangladesh to Pakistan between 1990 and 2000. Pakistan is a destination country as well as a transit country. Children are trafficked primarily for sexual exploitation but also for domestic services, hazardous manufacturing work, camel jockeying and bonded labour. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 76), while noting the serious efforts undertaken by the State party to prevent child trafficking, expressed its deep concern at the very high incidence of trafficking in children for the purposes of sexual exploitation, bonded labour and camel jockeying.

The Committee observes that sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provide that the human trafficking for the purpose of exploitative entertainment (i.e. activities in connection with sex), slavery or forced labour is prohibited. According to section 2(h) of the aforementioned Ordinance, the term "human trafficking" means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding that person’s implicit or explicit consent, by the use of coercion, kidnapping, abduction or by giving or receiving any payment or benefit, or sharing or receiving a share for that person’s subsequent transportation out of or into Pakistan for any of the purposes mentioned in section 3 of the Ordinance. Section 370 of the Penal Code also prohibits the sale and trafficking of persons for the purpose of slavery.

The Committee consequently observes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to provide information on progress made in this regard.

2. Debt bondage. The Committee noted, in its previous comments, the ICFTU’s indications that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and carpet-making sectors. The Committee also noted that the Federal Cabinet approved a National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers in September 2001. It notes that, according to the abovementioned rapid assessment (page 41), the implementation of the National Policy and Plan of Action has been slow. The Government has yet to mobilize resources for kiln workers through the Workers’ Welfare Fund and to provide relief and rehabilitation for bonded labourers through the special fund of Rs.100 million created by the Government.

The Committee notes that, by virtue of section 4(1) of the Bonded Labour System Abolition Act, 1992, "the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour". Section 4(2) of the Bonded Labour System Abolition Act states that no one shall make an advance under or in pursuance of, the bonded labour system or compel a person to render any bonded labour or other form of forced labour. The Committee notes that bonded labour is broadly defined under section 2(c) and (e) of the aforementioned Act. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, child debt bondage is prohibited and that under Article 1 of the Convention, it shall take immediate and effective measures to prohibit and eliminate this worst form of child labour. The Committee accordingly requests the Government to take the necessary measures to implement the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers as a matter of urgency. It also requests the Government to indicate the impact of such measures notably with regard to the removal of children under 18 from bonded labour and the rehabilitation of former child bonded labourers.

Article 5. Monitoring mechanisms. 1. Local vigilance committees. The Committee noted, in its previous comments, the ICFTU’s indication that the Bonded Labour System (Abolition) Act of 1992 prohibits bonded labour but remains ineffective in practice. It also noted that local vigilance committees were constituted to monitor the implementation of the Act but that there were reports of serious corruption within these committees. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, page 124) that the vigilance committees are composed of the deputy commissioner of the district, representatives of the police, the judiciary, the bar, the municipal authorities; and under the recommendation of the ILO Conference Committee on the Application of Standards, membership was extended to include workers’ and employers’ representatives. The Government adds that efforts are being made to implement the Bonded Labour (Abolition) Act of 1992. Indeed, the Committee notes that, according to the information provided by the Government in the Poverty Reduction Strategy Paper (2003), an Anti-Corruption Strategy was formulated in 2003. The Committee asks the Government to provide information on the concrete measures taken by the local vigilance committees to ensure the effective implementation of the Bonded Labour (Abolition) Act and the results achieved. It also asks the Government to indicate whether the Anti-Corruption Strategy has contributed to improving the implementation of the Bonded Labour (Abolition) Act.

2. Labour inspection. In its previous comments concerning the application of the Labour Inspection Convention, 1947 (No. 81), the Committee noted with interest the measures taken by the Government, in cooperation with ILO/IPEC, to reinforce labour inspection so as to efficiently combat child labour. It also noted the APFTU’s indication that training services needed to be developed for labour inspectors as well as for workers. The APFTU further indicated that the recent decision of the Government to transfer the labour inspection machinery to the local bodies has diluted the role of the labour inspectorate since many heads of local bodies are either industrialists or feudal lords and as such the labour inspectorate has become subservient to them. The Committee notes the ICFTU’s indications that the number of inspectors is insufficient; they lack training and are reported to be liable to corruption. The ICFTU adds that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. Noting the absence of information in the Government’s report on this issue, the Committee requests the Government to provide information on the number of workplaces investigated per year, and on the findings of labour inspectors with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to indicate any additional measures taken or envisaged to train labour inspectors and to provide them with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. TICSA project. The Committee notes that the subregional project to combat child trafficking (TICSA) aims at: (i) determining the extent and nature of trafficking of children and women for labour and sexual exploitation in Pakistan; (ii) establishing an action programme with the National Commission for Child Welfare and Development and the Ministry of Social Welfare, Women Development and Special Education to strengthen national capacity building, advocacy and awareness raising to prevent child trafficking (especially in Southern Punjab and Upper Sindh); and (iii) determining the demand side of trafficking of children and women in Pakistan for labour and sexual exploitation. The Committee notes that the National Action Programme to eliminate child trafficking was established in August 2004. The Committee requests the Government to provide information on the concrete measures taken under TICSA to eliminate the trafficking of children and women for labour and sexual exploitation in Pakistan and on the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes the ICFTU’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that when they are prosecuted, the fines imposed are usually insignificant. The Committee notes, however, that section 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provides for a maximum of ten years’ imprisonment and a fine for anyone who sells or traffics children for the purposes of labour or sexual exploitation. It also observes that section 374 of the Penal Code and section 11 of the Bonded Labour System Act provide for a maximum of five years’ imprisonment or a fine or both for the violation of the provisions prohibiting forced labour and debt bondage. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee emphasizes the importance of taking the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and to press for the imposition of sufficiently effective and dissuasive penal sanctions. It also requests the Government to provide information on the practical application of the laws, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the ICFTU’s indication that, according to available data from the Government, organizations of employers and workers and other sources, Pakistan has up to 10 million child labourers, with a large majority of them working in agriculture, forestry, informal urban activities and various types of manufacturing work such as stitching surgical instruments, brick kilns and carpet making. It also notes that ILO/IPEC launched in 2003 a four-year Project to Support the National Time-Bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. ILO/IPEC identified, after consultation with the Government, organizations of workers and employers, civil society organizations and academicians, 29 hazardous occupations for children. Of these occupations and processes, six sectors were identified jointly with the Ministry of Labour to be addressed on a priority basis, i.e. glass bangle making, surgical instruments manufacturing, tanneries, coal mining, scavenging and deep-sea fishing and seafood processing and ship-breaking. The Committee asks the Government to provide information on the concrete measures taken under the TBP and their impact on eliminating the abovementioned worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan of 2004 (the Ministry of Labour, Manpower and Overseas Pakistanis, the Government and the ILO, page 30), workers in the brick kiln sector were not aware of the general legislation that applies to bondage. The Committee accordingly asks the Government to provide information on the measures taken to raise awareness on the prohibition of bonded labour.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the carpet industry. The Committee notes the ICFTU’s indication that 1.2 million children are reported to work in the carpet industry, which is a dangerous occupation. It adds that children working in this industry suffer from numerous injuries. The Committee also notes that the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA) and ILO/IPEC launched in 1998 a project to combat child labour in the carpet industry in Sheikhupura and Gurjranwala, which was extended in 2002 to cover Faisalabad, Hazizabad, Multancind, Toba Tek Singh. The project aims at providing: (i) non-formal education, mainstreaming, and pre-vocational education to about 23,000 carpet-weaving children; and (ii) access to micro credits for the 1,000 poorest carpet-weaving households. The Committee notes that, according to the ILO/IPEC technical progress reports, the project has so far contributed to the withdrawal of 13,000 carpet-weaving children (83 per cent of whom are girls) from hazardous working conditions. These children are now enrolled in non-formal education centres, pursuing their primary education. In addition, micro credits have been provided to 705 carpet-weaving families in rural areas. The Committee encourages the Government to pursue its efforts to rehabilitate children under 18 years of age who undertake hazardous occupations in the carpet-weaving industry and to provide information on the results achieved.

2. Children working in the surgical instruments industry. The Committee notes the ICFTU’s indication that children constitute about 15 per cent of the workforce in this industry which is one of the most dangerous occupations. Child labourers in this industry are, on average, aged 12 years. The ICFTU adds that not much was done in the surgical instruments industry to address the problem of child labour.

The Committee also notes that ILO/IPEC, with the assistance of the Italian social partners and the Surgical Instruments Manufacturers’ Association of Pakistan, launched in 2000, a project to combat hazardous and exploitative child labour in surgical instruments manufacturing through prevention, withdrawal and rehabilitation. It observes that, over a period of two years, the project has contributed to the reduction of child labour in one of the country’s major export industries. Under its direct action programmes, 1,496 children employed in surgical instruments production workshops have received non-formal education and pre-vocational training. The project has also contributed to reducing the number of working hours of child labourers attending non-formal classes. The Committee notes that complementary actions were taken by the APFTU and the All Pakistan Federation of Labour to establish contact with the target groups and concerned stakeholders and raise awareness about child labour in this sector. This project has been extended up to 2006 to cover a larger number of children. The Committee encourages the Government to pursue its efforts to withdraw and rehabilitate children under 18 years of age performing hazardous types of work in the surgical instruments industry and to provide information on the results achieved.

3. Child bonded labourers. The Committee notes that, according to the Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead" (December 2003, page 101), the European Union and the ILO are assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, page 124) that it has established a "Fund for the education of working children and rehabilitation of freed bonded labourers". The Committee requests the Government to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

Clause (d). Children at special risk. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 4 on the mining sector, pages 1, 24 and 25), some miners ask their children of 10 years of age to work with them in mines to lighten the burden of "peshgi" (i.e. any advance whether in cash or in kind made to the labourer). Thus, in Punjab and in the North-West Frontier Province (NWFP), children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. The rapid assessment also indicates that children working in mines are sexually abused by miners. The Committee asks the Government to take the necessary measures to eliminate child debt bondage in mines.

Article 8. 1. International cooperation. The Committee notes that Pakistan is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Government signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2001.

2. Regional cooperation. The Committee notes that Pakistan participates in the South Asian Association for Regional Cooperation (SAARC), which was established in 1985 by the Heads of State or Government of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. The Government signed in 2002 the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, the objective of which is to promote cooperation amongst Member States to effectively deal with various aspects of trafficking. According to the ILO/IPEC TICSA report of September 2002, the signatories have committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee also notes that, according to the ILO/IPEC Technical Progress Report of September 2004, Thailand and Pakistan signed a Memorandum of Understanding in April 2004 to promote bilateral cooperation to combat trafficking in persons. A similar Memorandum of Understanding was signed between Pakistan and Afghanistan in July 2004 to address various issues of mutual interest including human trafficking. The Committee asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand to eliminate child trafficking.

3. Poverty reduction. The Committee notes that the ILO’s Social Finance Department has undertaken a project entitled "Prevention of family indebtedness with microfinance and related services", which aims at preventing freed peasants and other vulnerable families in three districts of Sindh Province from falling back into bondage. To this end, measures such as microfinance services, awareness raising, group formation, education and health services will be taken in order to reduce their economic and social vulnerability. The Committee asks the Government to indicate whether this project was extended to other provinces and to provide information on the impact of the project on eliminating child bonded labour.

Part V of the report form. In its previous comments, the Committee pointed out that accurate data on the extent of bonded labour is essential to develop effective programmes to eliminate debt bondage. The Committee once again encourages the Government to undertake a nationwide survey in cooperation with employers’ and workers’ organizations and with human rights institutions and organizations to determine the extent of child debt bondage and its characteristics.

The Committee is also addressing a direct request to the Government concerning other points.