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

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

Previous comment

Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. The Committee takes note of the Government’s indication, in its report, that section 3(4) of the Balochistan Employment of Children (Prohibition & Regulation) Act, 2021, excludes from its scope family-run establishments, and that the tripartite consultations that took place endorsed this exemption during the discussions on the finalization of the Act. The Committee further recalls that the laws in Khyber Pakhtunkhwa (KPK), Punjab, Sindh and ICT provide for similar exclusions and that the Government previously indicated that the Ministry of Overseas Pakistanis and Human Resource Development would further discuss with the provincial governments and the social partners whether they wished to avail themselves of the possibility to exclude work in family-run establishments from the scope of the Convention, pursuant to Article 4(1). The Committee therefore again requests the Government to provide information on consultations held in Punjab, Sindh, KPK and ICT in this regard.

Article 7. Light work. The Committee notes with interest that the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, defines light work as “work that is performed by children above 12 years of age and below 14 years of age, which is not likely to be harmful to their health or development; and not such as to prejudice their attendance at school, their participation in vocation orientation or training programmes approved by the competent authority or their capacity to benefit from instruction received” (section 2(1)(j)). Section 3(4)(a) of the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, provides that children may engage in light work, outside of regular school hours, which does not impact on the child’s health or ability to fully benefit from education, and which supports their intellectual growth and development. The Government further indicates that a list of light work activities will be prepared and that it will notify the Committee on any progress in this regard.

The Committee also notes the Government’s indication that in the context of the labour law review in Punjab and Sindh it is considering the introduction of a minimum age for light work. The Committee also notes that the ICT administration is in the process of amending the Employment of Children Act, 1991. The Committee further notes, from the Gilit-Baltistan Child Labour Survey Report 2018-2019, that 16.4 per cent of children aged 10 to 13 years are engaged in child labour. It also notes from the Punjab Child Labour Survey Report 2019-2020 that 13.4 per cent of children aged 5 to 14 years are engaged in child labour. The Committee recalls that adopting legislation regulating light work for children under the minimum age for admission to employment ensures that children who in practice work under the minimum age are better protected (see General Survey on the fundamental Conventions, 2012, paragraph 394). The Committee therefore requests the Government to keep it informed on the progress achieved in: (i) regulating light work in Sindh, Punjab and the ICT administration; and (ii) preparing a list of light work activities permitted to children from 12 years of age in Balochistan.

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

Previous comment

The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023. It requests the Government to reply to these observations.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes with interest the Government’s indication, in its report, that the Balochistan Employment of Children (Prohibition and Regulation) Act was adopted on 5 May 2021. It prohibits the employment of a child (defined as a person under 14 years) in employment, whether paid or unpaid or in any economic activity (section 3(3)). The Committee further notes that the Islamabad Capital Territory (ICT) administration is continuing its efforts to revise the provisions of the Employment of Children Act, 1991, with the ILO’s support, to introduce a minimum age of 14 years for admission to employment or work. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revised Employment of Children Act, 1991, of the ICT, which establishes a minimum age of 14 years for admission to employment or work, will be adopted without delay. It requests the Government to provide information on any progress made in this regard.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee notes with satisfaction that section 3(1) of the Balochistan Employment of Children (Prohibition and Regulations) Act, 2021, prohibits the employment of persons under 18 years of age in hazardous occupations. Parts I and II of the Schedule also set out non-exhaustive lists of prohibited hazardous occupations and processes. The Committee notes the Government’s indication that in Punjab and Sindh, work is underway to consolidate all labour laws into a labour code. In the framework of this labour law review, the Committee notes that efforts are underway to update the current list of hazardous occupations and work in these provinces. The Committee requests the Government to provide information on the implementation of the existing laws prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations in Balochistan, Sindh, Punjab and Khyber Pakhtunkhwa (KPK), including the number and nature of violations regarding young persons engaged in hazardous work, as well as the convictions and penalties imposed. With regard to the revision of the Employment of Children Act, 1991, of the ICT, the Committee requests the Government to take the necessary measures to ensure that the draft law prohibits the work of young persons under the age of 18 years in hazardous types of work and to provide information on any progress made on its adoption.

Article 9(1). Penalties and labour inspection. The Committee notes the Government’s statement that in ICT, labour inspectors require comprehensive training on child labour issues and that it is seeking ILO technical assistance in this regard. The Government further indicates that in Punjab and Sindh, labour inspectors receive regular trainings to enhance their capacities, including on child labour laws. In Punjab, in 2022, labour inspectors carried out 67,930 inspections of factories, shops and establishments to identify child labour and bonded labour, out of which 1,067 cases were reported to the police. The Committee notes the Government’s information that 897 cases of forced labour were investigated by the Punjab Prosecution Department and that 664 cases were prosecuted, out of which 60 individuals were convicted. However, it notes that the Government does not indicate how many of these cases involved child victims. In Sindh, a total of 10,927 inspections were conducted under the Sindh Prohibition of Employment of Children Act, 2017, out of which 60 cases of child labour were found and prosecuted.

The Committee further notes the Government’s indication that, under section 17 of the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, whoever employs a child or permits a child, adolescent or young person to work in contravention of the Act shall be punishable by imprisonment for a term which may extend to one year or a fine which may extend to PKR 100,000 rupees (approximately US$350) or both. The Government indicates that three cases were tried on the basis of section 17 and that two of them were dismissed and a fine of PKR 2,200 was imposed (approximately US$7) for the other case. The Committee further notes the Government’s information that, in Balochistan: (1) the number of child labour inspectors will be increased; (2) labour inspectors received training on child labour and forced and bonded labour by the ILO in March 2022; and (3) further training was provided by UN Women in May 2022.

The Government indicates that, in KPK, to strengthen the labour inspection mechanism, various initiatives were undertaken, including: (1) the creation of new Labour Offices and new posts. Since 2010, the number of Labour Offices has increased from 9 to 34 and the number of labour inspectors increased from 40 to 133, whereas the total staff of the labour inspectorate increased from 165 to 591; (2) the creation of seven new offices for tribal districts with a total of 70 staff; (3) an ongoing Annual Development Schemes, “Enabled Directorate of Labour Khyber Pakhtunkhwa for Better Service Delivery” to strengthen the Labour Department and the labour courts for better and efficient service delivery; and (4) training of labour inspecting staff on various labour issues including child labour and forced labour as well as international labour standards. Finally, the Government indicates that under the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015, in 2022, 368 cases of violations were found which resulted in various penalties being imposed for a total of PKR 385,862 (approximately US$1,300).

Once again, the Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive. The Committee further notes, from the observations of the APFTU made under the Worst Forms of Child Labour Convention, 1999 (No. 182), that child labour legislation is often violated because of the poor labour inspections and enforcement, and that the limited resources of the labour inspectorate do not permit the proper detection of forced and child labour. The Committee urges the Government to redouble its efforts to strengthen the capacity of the labour inspectorate, and requests it to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Application of the Convention in practice. The Committee notes that Pakistan participated in the Asia Regional Child Labour (ARC) ILO Project which aims to reduce vulnerability to child labour and enhance the protection of children from exploitation through, inter alia, the collection of data on child labour, capacity-building of stakeholders for the enforcement of relevant laws and advocating with businesses to eliminate child labour from supply chains. The Committee further notes the Government’s indication that child labour surveys are in progress in Balochistan and KPK. The Committee takes note of the Gilgit-Baltistan Child Labour Survey (CLS) 2018–19 Report and the Punjab CLS 2019–20 Report, published by the Pakistan Bureau of Statistics. The Gilit-Baltistan CLS Report shows an overall child labour incidence of 13.1 per cent. More specifically, child labour is at: (1) 4.2 per cent among children aged 5 to 9 years, including 2.6 per cent in hazardous work; (2) 16.4 per cent among children aged 10 to 13 years, including 12.4 per cent in hazardous work; and (3) 23.7 per cent of children aged 14 to 17 years are engaged in hazardous work. The Gilit-Baltistan CLS Report also highlights that: (1) most children in child labour work in the agricultural, forestry and fishing industry and are employed in elementary occupations; (2) industry wise, for boys, construction is the industry with the largest share of children exposed to health hazards, while for girls it is highest in the agriculture, forestry, and fishing industry; and (3) the most reported reason of the main respondents for letting their child work is to support household needs. From the Punjab CLS Report, the Committee notes that: (1) overall 13.4 per cent of children aged 5 to 14 years are engaged in child labour and 47.8 per cent of these children are working under hazardous conditions; and (2) 30.8 per cent of children aged 15 to 17 years are engaged in hazardous work. The Committee also notes the Sindh Multiple Indicator Cluster Survey 2018–19 which shows that: (1) 9.7 per cent of children aged 5 to 11 years are engaged in child labour; and (2) 20.6 per cent of those aged 12 to 14 years are engaged in child labour.

Once again, the Committee must express its deepconcern at the significant number of children under the minimum age who are still engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take all necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also requests the Government to continue to provide updated statistical information on the nature, extent, and trends of child labour, including the child labour surveys for Balochistan and KPK once available.

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

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

Article 2(3) of the Convention. Age of completion of compulsory education.  The Committee previously noted that according to article 25A of the Constitution (as amended by the 18th Constitutional Amendment) the State shall provide free and compulsory education to all children between the ages of 5 and 16 years in such manner as may be determined by law. It also noted that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Education Act 2013 provided for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remained applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee requested the Government to take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.

The Committee notes with interest the Government’s information that the Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act which provides for free and compulsory primary and secondary education to all children from the age of 5–16 years was adopted in April 2017.

The Committee observes that the four provinces and the Islamabad Capital Territory (ICT) have enacted laws providing for free and compulsory education until the age of 16 years. In this regard, the Committee recalls that the minimum age for admission to employment or work specified by Pakistan at the time of ratification was 14 years. While taking due note of the progress made, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (14 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370).  The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 14 to 16 years, in order to link this age with the age of completion of compulsory schooling, in conformity with Article 2(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work.  In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope, work in family establishments and section 9(3) provides for exceptions in family-run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee also noted that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided for under section 3, but not that under section 9(3). Draft laws in the ICT, Balochistan and Sindh also contain similar provisions. The Committee further noted the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development would further discuss with the provincial governments and the social partners whether they wished to avail of the possibility to exclude work in family-run establishments from the scope of the Convention pursuant to Article 4(1) of the Convention.

The Committee once again notes the Government’s indication that further information on this subject will be provided after consultation with the Federal and Provincial Tripartite Consultative Committee.  The Committee therefore requests the Government to provide information on consultations held in this regard.

Article 7. Light work.  The Committee previously observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. It noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a lower minimum age for this permitted work. It also noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) provides for a definition of light work and regulates light work activities of children from the age of 12 years. Noting the Government’s information that the draft Sindh Prohibition of Employment of Children Act 2016 contains provisions regulating light work for children of 12 years of age, the Committee requested the Government to take the necessary measures to ensure the adoption of this draft law. It also encouraged the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are in practice, engaged in economic activity, benefit from the protection of the Convention.

The Committee notes the Government’s indication that the Sindh Prohibition of Employment of Children Act 2017 defines light work as defined in the KPK Act of 2015. The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the proposed amendments to the Employment of Children Act, 1991 by the ICT administration have incorporated provisions regulating light work. Moreover, discussions are ongoing at the tripartite forums in the province of Punjab on incorporating the definition of “light work” in the Punjab Restriction on Employment of Children Ordinance, 2016.

The Committee observes that while section 2 of the Sindh Prohibition of Employment of Children Act 2017 provides for a definition of “light work”, there appears to be no provisions establishing a minimum age for light work or regulating the hours and conditions of work by children of 12 years of age in light work activities.  The Committee therefore requests the Government to indicate the measures taken or envisaged by the Government of Sindh to include within the Sindh Prohibition of Employment of Children Act 2017 provisions establishing a lower minimum age of 12 years for light work activities and regulating the hours and conditions of such work. It also requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and amendments to the Employment of Children Act, 1991 which contain provisions defining and regulating light work activities by children from the age of 12 years are adopted in the near future. It further expresses the firm hope that the Government of Punjab will take the necessary measures to incorporate similar provisions on light work in the Punjab Restriction on Employment of Children Ordinance, 2016. The Committee requests the Government to provide information on any progress made 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 Article 9(1)) as well as on the basis of the information at its disposal in 2019.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters had been transferred to the provinces. Accordingly, it noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) and the Punjab Restriction on Employment of Children Ordinance, 2016 (Punjab Ordinance 2016) contained provisions specifying a minimum age of 14 and 15 years for admission to employment or work, respectively. Noting that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces had also drafted legislation containing similar provisions, the Committee requested the Government to take the necessary measures to ensure the adoption of the draft laws in the near future.

The Committee notes with interest the Government’s information in its report that the Sindh Prohibition of Employment of Children Act which was adopted in 2017 establishes a minimum age of 14 years for admission to employment or work (section 3(1)). The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 is under the process of being presented to the Cabinet while the ICT administration is making efforts to revise the provisions of the Employment of Children Act, 1991 with the ILO’s support.  The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the revised Employment of Children Act, 1991 of ICT which establishes a minimum age of 14 years for admission to employment or work will be adopted without delay. It requests the Government to provide information on any progress made in this regard.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted that the KPK Act 2015 and the Punjab Ordinance 2016 provided for two lists of types of hazardous work prohibited to young persons under 18 years of age. It noted that the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee requested the Government to take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future, after consultation with the organizations of employers and workers concerned.

The Committee notes with  satisfaction  that section 3(2) of the Sindh Prohibition of Employment of Children Act 2017, prohibits the employment of adolescents in 38 hazardous occupations and activities listed in its schedule. The Committee further notes the Government’s indication that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 has also updated the list of hazardous occupations and processes prohibited to young persons and the ICT administration is in the process of adopting laws prohibiting hazardous types of work by young persons under the age of 18 years.  The Committee once again requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill of 2019 and the draft laws of ICT which contain provisions prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations are adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. In this regard, the Committee noted the Government’s information that the new laws in Khyber Pakhtunkhwa (KPK) and Punjab provinces on the prohibition of employment of children as well as the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 increased the fines for the violation of their provisions. It further noted the Government’s information that reforms of the labour inspection system were being carried out under the Strengthening Labour Inspection System Programme in Pakistan (SLISP) with the support from the ILO country office. The Committee requested the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate.

The Committee notes the observations made by the Pakistan Workers Federation (PWF) in October 2017 that the incidence of child labour has increased even in the formal sector due to the abolition of the labour inspection system, the imposition of restrictions on inspections or due to the inspections being conditioned on the employer’s permission.

The Committee notes the Government’s information that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the ICT draft laws on child labour have increased the maximum fines for violations of the child labour provisions. It also notes the Government’s information regarding the application of the KPK Act of 2015 that, in 2017, 3,367 inspections were conducted, 23 convictions were handed out, out of 36 prosecutions, involving 21,921 Pakistani rupees (PKR) in fines (approximately US$142); while in 2018, 8,367 inspections were conducted, and 95 convictions were handed out, out of 213 prosecutions, involving PKR134,000 in fines (approximately US$863). The Committee further notes the Government’s information in its supplementary report that in 2019, 9,538 inspections were conducted, 340 prosecutions were conducted and a total fine of PKR0.56 million was imposed in the 254 cases decided by the courts.

With regard to the application of the Punjab Restriction of Employment of Children Act, 2016 the Committee notes the Government’s information that in 2019, 30,676 inspections were conducted, 2673 child labour cases were detected, 25 establishments were sealed, and 1199 persons were arrested. The Government further indicates that in February 2020, the Department of Labour, Balochistan conducted 69 child labour inspections and of the six child labour cases which were prosecuted, in three cases a fine of PKR14,000 (approximately US$86) were imposed on the violators. The Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive.

The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) on the various measures taken within the framework of SLISP to strengthen and improve the capacity of the provincial labour inspectors. According to this information, trainings were provided: to 121 labour inspectors in Punjab on effective monitoring; to 29 labour inspectors in Sindh on risk assessment and accident investigation; and to 40 labour inspectors in Sindh on occupational health and safety in the construction sector. Moreover, a labour inspection profile has been developed and will be finalized by the end of 2019. The Government also indicates that efforts are being made by the provincial governments to increase the annual budget for labour inspection services and for material resources and transport and travel allowances for labour inspectors.  The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Application of the Convention in practice. The Committee previously noted the Government’s indication that, with the assistance of UNICEF, the governments of Punjab, Sindh, KPK and Balochistan had initiated measures to carry out child labour surveys in their respective provinces. The Committee also noted from the report Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework that the number of children of 10–17 years of age engaged in child labour had decreased from 4.04 million in 2010–11 to 3.7 million in 2014–15, of which 2.067 million (55 per cent) were in the 10–14 years age group. The Committee urged the Government to strengthen its efforts to prevent and eliminate child labour, and to provide the results of the child labour surveys at the provincial levels once available.

The Committee notes the observations made by the PWF that in Pakistan no dedicated child labour survey has been carried out since 1996. However, all reliable evidence indicates that the incidence of child labour, though showing a decline in recent years, is still considerably high. Child labour is rampant in the agricultural sector, factories, textile, garments, carpet and industrial units, brick kilns, hotels and restaurants, auto workshops and in mines and quarries.

The Committee notes the Government’s information that the government of KPK has paid special attention to prevent and eliminate child labour from the province. An exclusive unit on child labour has been established with the Directorate of Labour. It also notes the Government’s statement that regular inspections at industrial establishments have gradually led to the complete elimination of child labour from this sector and efforts are being continued to do likewise in the commercial establishments. Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.

The Committee notes that according to the Punjab Multiple Indicator Cluster Survey (MICS) findings Report, 2017–18, 13.4 per cent of children aged between 5 and 17 years are engaged in child labour with 10.3 per cent of them involved in hazardous work. Furthermore, the MICS report of 2016–17 of the KPK indicates that over 14 per cent of children of 5–17 years are involved in child labour, of which 12.3 per cent are working in hazardous conditions. The Committee further notes that according to the UNICEF report on the Situation Analysis of Children in Pakistan, 2017, there is a high prevalence of child labour in Pakistan coupled with low rates of school participation. The persistence of child labour has multi layered roots such as poverty, lack of decent work for adults, need for strengthened social protection and the lack of a system that can ensure that all children attend school rather than engaging in economic activities. The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work.  The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.

The Committee is raising other points in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

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

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that according to article 25A of the Constitution (as amended by the 18th Constitutional Amendment) the State shall provide free and compulsory education to all children between the ages of 5 and 16 years in such manner as may be determined by law. It also noted that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Education Act 2013 provided for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remained applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee requested the Government to take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.

The Committee notes with interest the Government’s information that the Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act which provides for free and compulsory primary and secondary education to all children from the age of 5–16 years was adopted in April 2017.

The Committee observes that the four provinces and the Islamabad Capital Territory (ICT) have enacted laws providing for free and compulsory education until the age of 16 years. In this regard, the Committee recalls that the minimum age for admission to employment or work specified by Pakistan at the time of ratification was 14 years. While taking due note of the progress made, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (14 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 14 to 16 years, in order to link this age with the age of completion of compulsory schooling, in conformity with Article 2(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope, work in family establishments and section 9(3) provides for exceptions in family-run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee also noted that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided for under section 3, but not that under section 9(3). Draft laws in the ICT, Balochistan and Sindh also contain similar provisions. The Committee further noted the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development would further discuss with the provincial governments and the social partners whether they wished to avail of the possibility to exclude work in family-run establishments from the scope of the Convention pursuant to Article 4(1) of the Convention.

The Committee once again notes the Government’s indication that further information on this subject will be provided after consultation with the Federal and Provincial Tripartite Consultative Committee. The Committee therefore requests the Government to provide information on consultations held in this regard.

Article 7. Light work. The Committee previously observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. It noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a lower minimum age for this permitted work. It also noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) provides for a definition of light work and regulates light work activities of children from the age of 12 years. Noting the Government’s information that the draft Sindh Prohibition of Employment of Children Act 2016 contains provisions regulating light work for children of 12 years of age, the Committee requested the Government to take the necessary measures to ensure the adoption of this draft law. It also encouraged the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are in practice, engaged in economic activity, benefit from the protection of the Convention.

The Committee notes the Government’s indication that the Sindh Prohibition of Employment of Children Act 2017 defines light work as defined in the KPK Act of 2015. The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the proposed amendments to the Employment of Children Act, 1991 by the ICT administration have incorporated provisions regulating light work. Moreover, discussions are ongoing at the tripartite forums in the province of Punjab on incorporating the definition of “light work” in the Punjab Restriction on Employment of Children Ordinance, 2016.

The Committee observes that while section 2 of the Sindh Prohibition of Employment of Children Act 2017 provides for a definition of “light work”, there appears to be no provisions establishing a minimum age for light work or regulating the hours and conditions of work by children of 12 years of age in light work activities. The Committee therefore requests the Government to indicate the measures taken or envisaged by the Government of Sindh to include within the Sindh Prohibition of Employment of Children Act 2017 provisions establishing a lower minimum age of 12 years for light work activities and regulating the hours and conditions of such work. It also requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and amendments to the Employment of Children Act, 1991 which contain provisions defining and regulating light work activities by children from the age of 12 years are adopted in the near future. It further expresses the firm hope that the Government of Punjab will take the necessary measures to incorporate similar provisions on light work in the Punjab Restriction on Employment of Children Ordinance, 2016. The Committee requests the Government to provide information on any progress made in this regard.

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

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters had been transferred to the provinces. Accordingly, it noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) and the Punjab Restriction on Employment of Children Ordinance, 2016 (Punjab Ordinance 2016) contained provisions specifying a minimum age of 14 and 15 years for admission to employment or work, respectively. Noting that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces had also drafted legislation containing similar provisions, the Committee requested the Government to take the necessary measures to ensure the adoption of the draft laws in the near future.

The Committee notes with interest the Government’s information in its report that the Sindh Prohibition of Employment of Children Act which was adopted in 2017 establishes a minimum age of 14 years for admission to employment or work (section 3(1)). The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 is under the process of being presented to the Cabinet while the ICT administration is making efforts to revise the provisions of the Employment of Children Act, 1991 with the ILO’s support. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the revised Employment of Children Act, 1991 of ICT which establishes a minimum age of 14 years for admission to employment or work will be adopted without delay. It requests the Government to provide information on any progress made in this regard.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted that the KPK Act 2015 and the Punjab Ordinance 2016 provided for two lists of types of hazardous work prohibited to young persons under 18 years of age. It noted that the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee requested the Government to take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future, after consultation with the organizations of employers and workers concerned.

The Committee notes with satisfaction that section 3(2) of the Sindh Prohibition of Employment of Children Act 2017, prohibits the employment of adolescents in 38 hazardous occupations and activities listed in its schedule. The Committee further notes the Government’s indication that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 has also updated the list of hazardous occupations and processes prohibited to young persons and the ICT administration is in the process of adopting laws prohibiting hazardous types of work by young persons under the age of 18 years. The Committee once again requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill of 2019 and the draft laws of ICT which contain provisions prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations are adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. In this regard, the Committee noted the Government’s information that the new laws in Khyber Pakhtunkhwa (KPK) and Punjab provinces on the prohibition of employment of children as well as the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 increased the fines for the violation of their provisions. It further noted the Government’s information that reforms of the labour inspection system was being carried out under the Strengthening Labour Inspection System Programme in Pakistan (SLISP) with the support from the ILO country office. The Committee requested the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate.

The Committee notes the observations made by the Pakistan Workers Federation (PWF) in October 2017 that the incidence of child labour has increased even in the formal sector due to the abolition of the labour inspection system, the imposition of restrictions on inspections or due to the inspections being conditioned on the employer’s permission.

The Committee notes the Government’s information that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the ICT draft laws on child labour have increased the maximum fines for violations of the child labour provisions. It also notes the Government’s information regarding the application of the KPK Act of 2015 that, in 2017, 3,367 inspections were conducted, 23 convictions were handed out, out of 36 prosecutions, involving 21,921 Pakistani rupees (PKR) in fines (approximately US$142); while in 2018, 8,367 inspections were conducted, and 95 convictions were handed out, out of 213 prosecutions, involving PKR134,000 in fines (approximately $863). The Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive.

The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) on the various measures taken within the framework of SLISP to strengthen and improve the capacity of the provincial labour inspectors. According to this information, trainings were provided: to 121 labour inspectors in Punjab on effective monitoring; to 29 labour inspectors in Sindh on risk assessment and accident investigation; and to 40 labour inspectors in Sindh on occupational health and safety in the construction sector. Moreover, a labour inspection profile has been developed and will be finalized by the end of 2019. The Government also indicates that efforts are being made by the provincial governments to increase the annual budget for labour inspection services and for material resources and transport and travel allowances for labour inspectors. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Application of the Convention in practice. The Committee previously noted the Government’s indication that, with the assistance of UNICEF, the governments of Punjab, Sindh, KPK and Balochistan had initiated measures to carry out child labour surveys in their respective provinces. The Committee also noted from the report Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework that the number of children of 10–17 years of age engaged in child labour had decreased from 4.04 million in 2010–11 to 3.7 million in 2014–15, of which 2.067 million (55 per cent) were in the 10–14 years age group. The Committee urged the Government to strengthen its efforts to prevent and eliminate child labour, and to provide the results of the child labour surveys at the provincial levels once available.

The Committee notes the observations made by the PWF that in Pakistan no dedicated child labour survey has been carried out since 1996. However, all reliable evidence indicates that the incidence of child labour, though showing a decline in recent years, is still considerably high. Child labour is rampant in the agricultural sector, factories, textile, garments, carpet and industrial units, brick kilns, hotels and restaurants, auto workshops and in mines and quarries.

The Committee notes the Government’s information that the government of KPK has paid special attention to prevent and eliminate child labour from the province. An exclusive unit on child labour has been established with the Directorate of Labour. It also notes the Government’s statement that regular inspections at industrial establishments have gradually led to the complete elimination of child labour from this sector and efforts are being continued to do likewise in the commercial establishments. Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.

The Committee notes that according to the Punjab Multiple Indicator Cluster Survey (MICS) findings Report, 2017–18, 13.4 per cent of children aged between 5 and 17 years are engaged in child labour with 10.3 per cent of them involved in hazardous work. Furthermore, the MICS report of 2016–17 of the KPK indicates that over 14 per cent of children of 5–17 years are involved in child labour, of which 12.3 per cent are working in hazardous conditions. The Committee further notes that according to the UNICEF report on the Situation Analysis of Children in Pakistan, 2017, there is a high prevalence of child labour in Pakistan coupled with low rates of school participation. The persistence of child labour has multi layered roots such as poverty, lack of decent work for adults, need for strengthened social protection and the lack of a system that can ensure that all children attend school rather than engaging in economic activities. The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking due note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.

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

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

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted the Committee on the Rights of the Children (CRC) expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The Committee also noted that article 25A of the Constitution (as amended by the 18th Constitutional Amendment) states that the State shall provide free and compulsory education to all children between the ages of 5–16 years in such manner as may be determined by law. The Committee further noted that, at the workshop on child labour legislative reform held in February 2012, the representatives of the four provinces and the social partners emphasized the importance of synergizing the child labour legislation with the Constitutional provisions on education providing for compulsory education up to 16 years of age.

The Committee notes with interest the Government’s information in its report that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Act 2013 provide for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remains applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee also notes the Government’s information that the Punjab Government has raised the minimum age for admission to work from 14 to 15 years under the Restriction on Employment of Children Ordinance 2016 (the Punjab Ordinance 2016), which further requires that the employer shall “arrange the hours of work of an adolescent in such manner that the working hours are not in conflict with the timing of educational or vocational institution where the adolescent is enrolled” in its section 5(4)(a).

The Committee once again recalls that, according to Article 2(3) of the Convention, the minimum age established shall not be lower than the age of completion of compulsory education. If the minimum age for admission to work is lower than the school-leaving age, children may be encouraged to leave school, as they are legally permitted to work (see General Survey of on the fundamental Conventions concerning rights at work, 2012, paragraph 370). The Committee therefore requests the Government to provide information on any measures taken to link the minimum age for admission to employment to the age of completion of compulsory schooling, in line with Article 2(3) of the Convention. It also requests that the Government take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. In this regard, the Committee reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, unless excluded under Article 4(1) of the Convention. 

The Committee notes the Government’s information that section 9(3) of the Employment of Children Act 1991 also provides for exceptions in family run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee further notes that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided under section 3, but not that under section 9(3). Draft laws in the Islamabad Capital Territory (ICT), Balochistan and Sindh also contain similar provisions. The Committee further notes that, the Ministry of Overseas Pakistanis and Human Resource Development will further discuss with the provincial governments and social partners in the Federal Tripartite Consultative Committee whether they wish to avail of the possibility to exclude work in family establishments from the scope of the Convention. The Committee therefore requests that the Government provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously requested that the Government indicate whether the national legislation provides for apprenticeship programmes and, if so, to indicate the minimum age applicable for admission to apprenticeships, recalling that Article 6 of the Convention authorizes work to be carried out by persons who are at least 14 years in enterprises within the context of an apprenticeship programme. 

The Committee notes the Government’s information that, the Apprenticeship Ordinance 1962 is the law governing the system of apprenticeship training at the national level. Provincial governments have also provided notification of apprenticeship rules respectively in their jurisdiction. The minimum age for the admission to apprenticeship varies between 14 years of age (in Sindh) and 15 years of age (in other provinces). The Committee also notes that, the Ministry of Federal Education and Professional Training and the National Vocational and Technical Training Commission (NAVTTC) have prepared a draft amendment to the Apprenticeship Ordinance 1962, raising the minimum age for apprenticeship to 16 years of age.

Article 7. Light work. The Committee previously noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a minimum age for this permitted work. The Committee also noted that the Government did not indicate whether the draft Prohibition of Employment of Children Act contains provisions permitting and regulating light work for children between the ages of 12 and 14. Moreover, the Committee observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. In this regard, the Committee recalled that by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.

The Committee notes that the KPK Prohibition of Employment of Child Act 2015 defines light work in section 2 as “work which is not likely to cause harm to health or impede the physical or mental development of a child engaged in such work”. It notes with interest that section 3 further stipulates that a child not below the age of 12 years may be engaged in light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking, or in any school established, assisted or recognized by Government for such purpose. The draft Sindh Prohibition of Employment of Children Act 2016 also contains similar provisions. The Committee therefore requests that the Government take the necessary measures to ensure that the draft Sindh Prohibition of Employment of Children Act is adopted in the near future, and encourages the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are, in practice, engaged in economic activity, benefit from the protection of the Convention.

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 reply to these comments.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted 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 also noted that the four provinces had, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of children below the age of 14 years, and that these drafts would soon be introduced to the provincial legislative assemblies. The Committee urged the Government to ensure that the Prohibition of Employment of Children Act is adopted in the four provinces.

The Committee notes with interest the Government’s information in its report that, the Khyber Pakhtunkhwa (KPK) Prohibition of Employment of Children Act was adopted in 2015 (KPK Act 2015), specifying the minimum age for admission to work as 14 years, while the Punjab Restriction on Employment of Children Ordinance was adopted in 2016 (Punjab Ordinance 2016), specifying the minimum age as 15 years. The Committee further notes that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces have also drafted legislation containing similar provisions. Recalling that, at the time of ratification in 2006, Pakistan specified 14 years as the applicable minimum age, the Committee requests that the Government take the necessary measures to ensure that the draft Prohibition of Employment of Children Acts are adopted in the Islamabad Capital Territory, as well as Balochistan and Sindh provinces in the near future. It also requests that the Government provide a copy of the relevant legislation, once adopted.

Article 3(1) and (2). Determination of types of hazardous work. The Committee previously noted that, under the Employment of Children Act 1991, there was no specific age for admission to hazardous work. The Committee also noted the information from ILO–IPEC of October 2012 that, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour would begin. In this regard, the Committee noted the information from the mission report of the tripartite interprovincial workshop, carried out in May 2013 within the ILO technical assistance programme (the Special Programme Account (SPA) project) that the action plans of some of the provinces included undertaking, in 2013, tripartite consultations with a view to revising the hazardous work list.

The Committee notes with satisfaction that, the KPK Act 2015 and the Punjab Ordinance 2016 provide for two lists of types of hazardous work prohibited to young persons under 18 years of age, including occupations related to transport by railway, work inside underground mines and aboveground quarries, work with power driven cutting machines, work exposed to dust or poisonous materials, work at oil and gas fields, and so on. These lists were determined in consultation with the representative workers’ and employers’ organizations and discussed at the level of Provincial Tripartite Consultative Committee. The Committee further notes that, the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee therefore requests that the Government take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future. It also requests that the Government take the necessary measures, after consultation with the organizations of employers and workers concerned, to determine the types of hazardous employment or work prohibited to young persons under 18 years of age in ICT, Balochistan and Sindh, in conformity with Article 3(2) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted the International Trade Union Confederation’s (ITUC) indication that persons found guilty of violating child labour legislation were rarely prosecuted and that when prosecution did occur, the fines imposed were usually insignificant. The Committee also noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. The Committee further noted that the provincial labour departments each have training centres for inspectors, and provide training on child labour. Moreover, according to the SPA mission report, the tripartite participants of the workshop indicated that they experienced difficulties in enforcing the legislative provisions relating to child labour, due to, among others, a lack of capacity among labour inspectors, and that there was a need for the more effective application of penalties for child labour related violations.

The Committee notes the Government’s information that, according to new laws in KPK and Punjab provinces on the prohibition of employment of children, the maximum fines have been increased from Pakistani rupee (PKR) 20,000 to PKR50,000 (approximately US$190 to $475). Moreover, fines provided in the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 range from PKR50,000 to PKR500,000 (approximately $475 to $4,750). The Committee further notes the Government’s information that the Federal Ministry of Overseas Pakistanis and Human Resource Development (OP&HRD) has worked on a framework document for the revitalization and restructuring of the labour inspection system. Reforms recommended under this framework document are being followed under the Programme of Strengthening Labour Inspection System for Promoting Labour Standards and Ensuring Workplace Compliance in Pakistan, supported by the ILO country office. The Committee also notes that, in Punjab province, provisions related to the labour inspection in the Punjab Ordinance 2016 replaced those in the Employment of Children Act 1991. The Committee further notes the Government’s information regarding Punjab province that, in 2014, 133,973 inspections were conducted, 790 children were detected in child labour, and 536 convictions were handed out, out of 790 prosecutions, involving PKR218,550 fines (approximately $2,076); while in 2015, 153,418 inspections were conducted, 1,446 children were detected in child labour, and 448 convictions were handed out, out of 1,446 prosecutions, involving PKR505,600 fines (approximately $4,805). Moreover, the Committee notes that, in its concluding observations of 11 July 2016, the Committee on the Rights of the Child (CRC) remains concerned about the inadequate number of sufficiently trained inspectors, their vulnerability to corruption and a lack of resources to inspect workplaces (CRC/C/PAK/05, paragraph 71). The Committee notes that the fines assessed do not appear to be sufficiently effective and dissuasive. The Committee therefore requests that the Government continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate. The Committee also requests that the Government continue to strengthen its measures to ensure that persons who violate the abovementioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee requests the Government to provide information on the implementation of these laws in practice, including the number and nature of violations detected and the penalties imposed in this regard.

Application of the Convention in practice. The Committee previously noted that, the second National Child Labour Survey was planned under the Combating Abusive Child Labour II project, in consultation with the Federal Bureau of Statistics. However, the Committee noted the information, from ILO–IPEC of September 2012, that the survey was subsequently cancelled.

The Committee notes the Government’s indication that, with the assistance of UNICEF, child labour surveys are being organized in the provinces. The Punjab Government has started its provincial level survey in collaboration with the Board of Statistics, which will be completed by May 2017. Sindh and KPK provinces also included relevant schemes in their respective annual development programs for conducting child labour surveys during the current fiscal year (2016–17). Balochistan is planning to hold a child labour survey in the coming years. Moreover, the International Labour Standards Unit in the Ministry of OP&HRD created the first detailed national profile on child labour and children in employment using the ILO Global Estimation Methodology on Child Labour, and published the report “Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework” with the support of the ILO. According to the report, the number of children of 10–17 years of age engaged in child labour has decreased from 4.04 million in 2010–11 to 3.70 million in 2014–15, of which 2.067 million (55 per cent) are in the 10–14 years range. While taking due note of the decrease in the number of children engaged in child labour, the Committee must express its concern at the high number of children still working under the minimum age. The Committee therefore urges the Government to strengthen its efforts to prevent and eliminate child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also requests the Government to provide the results of the child labour surveys at the provincial levels once available.

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 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that a national Time bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16 was developed in consultation with the stakeholders. It also noted that a project entitled “Combating Abusive Child Labour II” was launched as well as a project entitled “Pakistan earthquake: Child labour response project”.

The Committee notes the Government’s statement that the TBP is being implemented by provincial labour departments, and that provincial coordination committees on child labour have been formed. In addition, within the framework of the Combating Abusive Child Labour II project, capacity-building activities are being carried out in four provinces and support is being provided to the provincial coordination committees on child labour, as well as the provincial child labour units in several regions. The Government indicates that 1,204 children (450 boys and 754 girls) have been withdrawn from child labour through this project, including 485 children who participated in a vocational training programme for children aged 15–17 years removed from hazardous work. Other measures undertaken include training for teachers on child labour issues, enhancing the knowledge of media professionals on child labour issues, national awareness campaigns and television programmes on child labour. Additionally, the “Pakistan earthquake: Child labour response project” provided non-formal education at 32 rehabilitation centres to 3,779 earthquake-affected children who were involved, or at risk of being involved, in child labour. Some 2,169 of these children were mainstreamed into government schools. The Committee takes due note of this information, and requests the Government to continue to provide information on the concrete measures taken pursuant to the project on Combating Abusive Child Labour II project and the implementation of the national TBP 2008–16. It also requests the Government to continue to provide information on the impact of these initiatives, including the number of children reached through these programmes.

Article 2(3). Age of completion of compulsory education. The Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observation of 19 October 2009, expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The CRC further expressed concern that nearly 7 million of the estimated 19 million primary-school-age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3–4, paragraph 78).

The Committee notes that article 25A of the Constitution (as amended by the 18th Constitutional Amendment) states that the State shall provide free and compulsory education to all children between the ages of 5–16 years in such manner as may be determined by law. In this regard, the Government indicates that the subject of education lies with the provinces, and that the provinces are taking a number of steps to improve the education system under the Education Sector Reform Programme. The Committee also notes the Government’s indication that, at the workshop on child labour legislative reform held in February 2012, the participants (representatives of the four provinces and the social partners) emphasized that it was important to synergize the child labour legislation with the Constitutional provisions on education providing for compulsory education up to 16 years of age.

Recalling that education is one of the most effective means of combating child labour, the Committee draws the Government’s attention to Article 2(3) of the Convention which states that the minimum age established shall not be lower than the age of completion of compulsory education. If the minimum age for admission to work is lower than the school-leaving age, children may be encouraged to leave school, as they are legally permitted to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to provide information on any measures taken to link the minimum age for admission to employment to the age of completion of compulsory schooling, in line with Article 2(3) of the Convention. It also requests the Government to provide information on whether the four provinces have adopted legislation or regulations requiring attendance in compulsory education between 5 and 16 years, pursuant to article 25A of the Constitution, and to provide copies of the relevant legislation.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes an absence of information on this point in the Government’s report, but notes the Government’s indication that a Prohibition of Employment of Children Act has been drafted for adoption by the four provinces. In this regard, the Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, unless excluded under Article 4(1) of the Convention. The Committee once again requests the Government to indicate whether it intended to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard. If not, it requests the Government to take the necessary measures to ensure that the Prohibition of Employment of Children Act applies to all sectors of economic activity, including work in family enterprises.

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 and prohibiting the employment of children under 18 in hazardous work. In this regard, the Committee notes the indication contained in the mission report of the tripartite interprovincial workshop carried out in May 2013 within the framework of the SPA project (SPA mission report), according to which each province planned to adopt the draft Prohibition of Employment of Children Act by the end of December 2013.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted that by virtue of sections 2 and 3 of the Employment of Children Act 1991, children below 14 years are only prohibited from being employed in the six occupations and 14 processes enumerated in Part I and Part II of the Schedule of the Employment of Children Act. However, the Committee noted that a draft Employment and Service Conditions Act 2009 had been elaborated, which would prohibit the employment of children under 14.

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 Government indicates that, within the framework of the Combating Abusive Child Labour II project, an interprovincial tripartite workshop on legislative reforms related to child labour was organized in February 2012, and that the participants (including representatives from the four provincial governments as well as the social partners) agreed that new legislation should completely prohibit the employment of children under 14 years of age. In this regard, the Committee notes with interest that the four provinces have, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of children below the age of 14 years, and that these drafts will soon be introduced to the provincial legislative assemblies. Recalling that, at the time of ratification in 2006, Pakistan specified 14 years as the applicable minimum age, the Committee urges the Government to take the necessary measures to ensure that the Prohibition of Employment of Children Act is adopted in the four provinces to prohibit the employment of children under 14 years of age. It also requests the Government to provide a copy of the relevant legislation, once adopted.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. In this regard, the Committee observed that these provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work.

The Committee notes with interest that the draft Prohibition of Employment of Children Act of the provinces, submitted with the Government’s report, prohibits the employment of persons under 18 years in hazardous types of work. The Committee also notes the information from ILO–IPEC of October 2012 that, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour would begin. In this regard, the Committee notes the information from the SPA mission report that the action plans of some of the provinces included undertaking, in 2013, tripartite consultations with a view to revising the hazardous work list. The Committee urges the Government to take the necessary measures to ensure that, in conformity with Article 3(1) of the Convention, this draft 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. It also requests the Government to take the necessary measures, after 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 3(2) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. In this regard, it once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to indicate the minimum age applicable for admission to apprenticeships.

Article 7. Light work. The Committee previously noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a minimum age for this permitted work.

The Committee notes that the Government does not indicate whether the draft Prohibition of Employment of Children Act contains provisions permitting and regulating light work for children between the ages of 12 and 14. Moreover, the Committee observes that a large number of children under the age of 14 (approximately 3 million children) are economically active. In this regard, the Committee recalls that by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore encourages the Government to consider, within the framework of the draft Prohibition of Employment of Children Act, taking measures to permit and regulate light work to ensure that children under 14 who are, in practice, engaged in economic activity, benefit from the protection of the Convention.

Article 9(1) and Part III of the report form. Penalties and the labour inspectorate. The Committee previously noted indications that enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption, and that the penalties imposed were often too minor to act as a deterrent. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 15 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduces the likelihood of investigations into reports of child labour, and hinders the prosecution, conviction or punishment of those responsible (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that building the capacity of labour inspectors is a priority area for the Government, to improve the implementation of labour laws. The provincial labour departments each have training centres for inspectors, and provide training on child labour. Moreover, measures have been taken within the Combating Abusive Child Labour II project towards the establishment of a Child Labour Monitoring System in Sukkur. The Committee also notes that, according to the SPA mission report, the tripartite participants of the workshop indicated that they experienced difficulties in enforcing the legislative provisions relating to child labour, due to, among others, a lack of capacity among labour inspectors, and that there was a need for the more effective application of penalties for child labour related violations. The Committee requests the Government to take the necessary measures to ensure that persons who violate the provisions giving effect to the Convention are prosecuted and that penalties are applied in practice. It also requests the Government to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed. Lastly, it requests the Government to continue providing information on the measures taken to adapt and strengthen the labour inspectorate.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Child Labour Survey conducted in 1996, 3.3 million children aged between 5 and 14 years were economically active on a full-time basis. The Committee also noted that the CRC, in its concluding observations of 15 October 2009, expressed concern that the prevalence of child labour is extremely high and has increased in recent years due to growing poverty (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that the second National Child Labour Survey is planned under the Combating Abusive Child Labour II project, in consultation with the Federal Bureau of Statistics. However, the Committee notes the information from ILO–IPEC of September 2012 that the survey was subsequently cancelled. The Committee expresses its concern at the high number of working children under the minimum age in Pakistan and urges the Government to strengthen its efforts to improve this situation, including through continued cooperation with ILO–IPEC. It requests the Government to provide information on the results achieved, in its next report. It also encourages the Government to take the necessary measures to ensure that statistical information is made available on the application of the Convention, including the number of working children under the minimum age.

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 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. It also noted that section 16(c) of the draft Employment and Service Conditions Act 2009 contains a similar provision of excluding family enterprises from its scope. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requested the Government to indicate whether it intended to avail itself of the possibility provided in this Article.

The Committee noted an absence of information on this point in the Government’s report. Therefore, the Committee once again requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 3 of the Employment of Children Act 1999, concerning the prohibition of work for persons under the age of 14 in certain processes, did not apply to work performed in the context of schools established, assisted or recognized by the Government. The Committee requested the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

The Committee noted that section 3 of the draft Employment Conditions and Services Act 2009 defines an apprentice as a person who is employed (whether for the payment of wages or not) for the purpose of being trained in any trade, craft or employment. However, this legislation does not appear to prescribe a minimum age for admission to such training. The Committee recalled that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. The Committee therefore requests the Government to indicate the minimum age applicable for admission to apprenticeships.

Article 7. Light work. The Committee previously noted that there were no legal provisions allowing or regulating light work for children of 12–14 years. It noted, however, that according to the statistical data of the ILO (based on the national child labour survey conducted in 1996 by the Federal Bureau of Statistics) about 3.3 million children between the ages of 5 and 14 are economically active in Pakistan. It requested the Government to indicate the measures taken or envisaged to determine light work activities that may be carried out by young people aged between 12 and 14.

The Committee noted that pursuant to section 3 of the Employment of Children Act 1991, work for children (persons under 14 years of age) is prohibited in certain occupations and processes. It also noted that sections 7(2) and 7(3) of the Employment of Children Act, 1991, provide that children shall not work for more than three hours without a one-hour break, and that this work shall not exceed seven hours a day, inclusive of the rest period. However, the Committee observed that this legislation does not appear to prescribe a minimum age for this work permitted to children. The Committee therefore reminded the Government that, by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of light work is only permitted from the age of 12 years.

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

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

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

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

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

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

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

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

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee observed that these provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. However, the Committee noted that section 16(c) of the draft Employment and Service Conditions Act 2009 prohibited the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes). The Committee urged the Government to take the necessary measures to ensure that this draft legislation was adopted.

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

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

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

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

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

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

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

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

Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. It also noted that section 16(c) of the draft Employment and Service Conditions Act 2009 contains a similar provision of excluding family enterprises from its scope. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requested the Government to indicate whether it intended to avail itself of the possibility provided in this Article.

The Committee notes an absence of information on this point in the Government’s report. Therefore, the Committee once again requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 3 of the Employment of Children Act 1999, concerning the prohibition of work for persons under the age of 14 in certain processes, did not apply to work performed in the context of schools established, assisted or recognized by the Government. The Committee requested the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

The Committee notes that section 3 of the draft Employment Conditions and Services Act 2009 defines an apprentice as a person who is employed (whether for the payment of wages or not) for the purpose of being trained in any trade, craft or employment. However, this legislation does not appear to prescribe a minimum age for admission to such training. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. The Committee therefore requests the Government to indicate the minimum age applicable for admission to apprenticeships.

Article 7. Light work. The Committee previously noted that there were no legal provisions allowing or regulating light work for children of 12 to 14 years. It noted, however, that according to the statistical data of the ILO (based on the national child labour survey conducted in 1996 by the Federal Bureau of Statistics) about 3.3 million children between the ages of 5 and 14 are economically active in Pakistan. It requested the Government to indicate the measures taken or envisaged to determine light work activities that may be carried out by young people aged between 12 and 14.

The Committee notes that pursuant to section 3 of the Employment of Children Act 1991, work for children (persons under 14 years of age) is prohibited in certain occupations and processes. It also notes that sections 7(2) and 7(3) of the Employment of Children Act, 1991, provide that children shall not work for more than three hours without a one-hour break, and that this work shall not exceed seven hours a day, inclusive of the rest period. However, the Committee observes that this legislation does not appear to prescribe a minimum age for this work permitted to children. The Committee therefore reminds the Government that, by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of light work is only permitted from the age of 12 years.

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

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

The Committee 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. The main activities of the project include: (i) establishing the Federal Child Labour Unit, and Provincial Child Labour Units, to increase institutional capacity to monitor the implementation of the national child labour programme; (ii) the creation of provincial and district coordination committees on child labour; (iii) withdrawing and rehabilitating child labourers in the districts of implementation; and (iv) sensitizing the community to child labour issues. The Committee also notes the ILO–IPEC information that the project “Activating media to combat worst forms of child labour” has been extended until the end of 2010.

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

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

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

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

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

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee observed that these provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. However, the Committee noted that section 16(c) of the draft Employment and Service Conditions Act 2009 prohibited the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes). The Committee urged the Government to take the necessary measures to ensure that this draft legislation was adopted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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