Texts of pending comments

In its previous comment, the Committee requested the Government to provide its reply to the 2020 observations of the International Transport Workers’ Federation (ITF), denouncing serious allegations of anti-union discrimination by the national airline company, including the unilateral de-recognition of the Pakistan Airline Pilots’ Association (PALPA) and other employees’ associations in the company, as well as the termination of all working agreements with immediate effect. The Committee notes the Government’s comments that: (i) the PALPA is neither a registered trade union nor a recognized collective bargaining agent under the Industrial Relations Act, 2012 (IRA) but an association of persons registered under the Societies Registration Act, 1860 and even this status is jeopardized in a lawsuit before the Sind High Court; (ii) only the IRA and its provincial variants recognize the forum of collective bargaining agent, which can engage in collective bargaining and, under the IRA, only an agreement with the collective bargaining agent is binding on workers and employers; (iii) any agreement that the PALPA had reached was therefore a civil contract which could be terminated by any party with notice to the other party and not a settlement with legal force under the IRA; and (iv) the airline company does not intend to stop trade union and collective bargaining activities in the establishment, which continue to take place, and it recognizes all its duly registered trade unions and collective bargaining agents. While taking due note of the above, the Committee observes that, according to the ITF observations: (i) the PALPA would be the sole representative organization for pilots in the country; (ii) its de-recognition would therefore deprive this category of workers of effective means of negotiating the terms and conditions of employment and defending their interests; and (iii) the annulment of all concluded working agreements would have a serious impact on the working conditions of the pilots of the referred airline. The Committee further observes that the restriction of the PALPA’s bargaining rights would appear to be linked to the fact that the workers concerned are organized through an association of persons and not a trade union under the IRA, a matter which was already raised under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee also observes in this regard that the Committee on Freedom of Association previously noted that trade union rights had been restored to workers at the company (see 353rd Report, March 2009, Case No. 2242, paragraph 177) and while recalling that, since then, a new IRA was adopted in 2012, it notes with regret that, according to the information provided, there appears to be a step backwards in terms of trade union rights and the right to collective bargaining at the company. The Committee recalls in this respect that the Convention guarantees collective bargaining rights to all workers except the armed forces, the police and public servants engaged in the administration of the State (Articles 5 and 6). In view of the above and given the serious nature of the allegations made, the Committee requests the Government to take all necessary measures to ensure that pilots from both private and public companies can, in law and in practice, negotiate the terms and conditions of their employment through organizations that genuinely represent their interests and to ensure the principle that freely concluded collective agreements should be binding on the parties. Further emphasizing the importance of social dialogue in crisis situations, including during the COVID-19 pandemic, the Committee trusts that the Government will take all necessary measures to promote co-operation and dialogue among all the social partners in the aviation industry, as an effective means to resolving any outstanding issues and maintaining harmonious labour relations in the sector. The Committee requests the Government to provide information on the steps taken in this respect.

The Committee had also previously requested the Government to provide its comments on the 2012 and 2015 observations of the International Trade Union Confederation (ITUC), alleging anti-union dismissals and acts of interference in trade union internal affairs by employers. The Committee notes the Government’s indication that the Ministry of Overseas Pakistani and Human Resource Development (OPHRD) is in close contact with the respective provincial departments and that a detailed response will be provided in its next regular report. Regretting the delay in the Government’s response to allegations that date back to 2012 and 2015, the Committee expects the Government to provide its comments in this regard without further delay.

Scope of application of the Convention. In its previous comments, the Committee noted that the IRA, the Balochistan IRA (BIRA), the Khyber Pakhtunkhwa IRA (KPIRA), the Punjab IRA (PIRA) and the Sindh IRA (SIRA) excluded numerous categories of workers (enumerated by the Committee in its 2018 comments on the application of Convention No. 87) from their scopes of application. It therefore urged the Government to ensure that the federal, as well as provincial governments, take the necessary measures in order to amend the legislation so as to ensure that all workers, with the only possible exception of the armed forces, the police and public servants engaged in the administration of the State, fully enjoy the rights enshrined in the Convention. The Committee regrets that the Government does not provide any details as to the measures taken or envisaged in this respect and that its response is limited to reiterating the general protection provided to workers by the federal and regional legislative and institutional frameworks. Regretting the lack of any tangible progress in this regard and emphasizing that the only categories of workers which can be excluded from the application of the Convention are the armed forces, the police and public servants engaged in the administration of the State (Articles 5 and 6 of the Convention), the Committee urges the Government once again to ensure that the federal, as well as provincial governments, take the necessary measures, in consultation with the social partners, to amend the legislation to this effect. The Committee requests the Government to provide detailed information on any legislative measures taken or envisaged to bring the legislation into full conformity with the Convention.

Export processing zones (EPZs). In its previous comment, the Committee noted with deep regret the lack of progress in the drawing up of rules that would grant the right to organize to EPZ workers and urged the Government to take the necessary steps to ensure that the new Export Processing Zones (Employment and Service Conditions) Rules, 2009 would guarantee the right to organize to EPZ workers and to accelerate the process of their drafting and approval. The Committee notes that the Government does not provide any information about the status of the EPZ Rules, 2009 but informs that the application of labour laws was extended to EPZs and that the provision on the prohibition of strike was deleted from the EPZ Rules, 1982, allowing workers to invoke the right to strike in relation to their demands concerning employment issues. While welcoming this information, the Committee notes that the Government does not provide further details as to the overall impact of these changes on freedom of association of EPZ workers and observes from the text of the Ministerial notification (No. 7(11)/2008-FAC from 5 August 2021) that the EPZs remain exempted from the application of the IRA, which regulates the formation of trade unions, the determination of collective bargaining agents and the relations between workers and employers. In these circumstances, the Committee requests the Government to clarify the extent to which the rights provided by the Convention are guaranteed to workers in EPZs following the mentioned legislative changes. The Committee also requests the Government to consider extending the application of the industrial relations laws, as amended in line with the Committee’s comments, to EPZs, or to take any other necessary measures to ensure that EPZ workers can fully benefit from all the rights provided by the Convention.

Article 1 of the Convention. Protection against acts of anti-union discrimination. Banking sector. The Committee had previously requested the Government to repeal the penal sanctions for the exercise of trade union activities during office hours (imprisonment and/or fines) provided under section 27-B of the Banking Companies Ordinance, 1962. In its previous comment, the Committee noted the Government’s indication that it was agreed in a tripartite meeting to permit only those union activities during office hours that relate to redress of grievances and it therefore reiterated its request. The Committee notes the Government’s statement that: (i) the Ministry of OPHRD makes persistent efforts to amend section 27-B and is engaged with other ministries and relevant stakeholders, including social partners, to reach consensus on the subject; and (ii) to accelerate these efforts, a meeting of the concerned stakeholders was organized by the Ministry of Finance and the dialogue on the subject continues. Recalling that for the past 19 years it has been requesting the Government to repeal the penal sanctions provided for in section 27-B, the Committee notes with deep concern the lack of any substantial progress in this regard. The Committee therefore urges the Government once again to take all the necessary measures to repeal section 27-B so as to enable workers in the banking sector to exercise trade union activities, with the consent of the employer, within working hours.

Article 4. Collective bargaining. The Committee previously noted that, according to section 19(1) of the IRA and section 24(1) of the BIRA, KPIRA, PIRA and SIRA, if a trade union is the only one in the establishment or group of establishments (or industry in the BIRA, KPIRA, PIRA and SIRA) but it does not have at least one third of the employees as its members, no collective bargaining is possible at the given establishment or industry. The Committee recalled that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. The Committee therefore urged the Government to take the necessary measures to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members.

The Committee also noted that the provisions on the determination of collective bargaining units gave competence in this regard to the National and Provincial Industrial Relations Commission (sections 62 of the IRA and 30 of the BIRA), the Labour Appellate Tribunal (section 25 of the KPIRA and PIRA) or the Registrar (section 25 of the SIRA) and that previously certified unions could lose the status of collective bargaining agents as a result of a decision in which the parties played no role. The Committee requested the Government to ensure that the necessary measures are taken by the federal and provincial governments to amend the legislation, so that the determination or modification of the collective bargaining unit is made by the social partners, since they are in the best position to decide the most appropriate bargaining level.

The Committee further noted with interest that, in the absence of a collective bargaining agent, worker members of work councils were chosen through an election but considered that even if a union could persuade workers to vote for its members to be represented in several entities (shop stewards, work councils and joint management boards), there was a risk of the union being undermined by workers’ representatives. Having noted that a reform of the Provincial Tripartite Consultation Committees was being considered, the Committee requested the Government to ensure that both the federal and provincial governments guarantee that the existence of elected workers’ representatives is not used to undermine the position of the trade unions concerned or their representatives and to submit a copy of the Rules providing the notice and procedure for the election of workers’ representatives to work councils.

Regretting that the Government does not provide any updated information in relation to the above matters concerning collective bargaining, the Committee reiterates its requests in this regard and expects the Government to make every effort to advance on the outstanding issues, both by the federal and the provincial governments, so as to achieve compliance with the Convention, and to provide detailed information on the progress made.

Collective bargaining in practice. In its previous comment, the Committee requested the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention. The Committee notes that the Government simply states that the Ministry of OPHRD is in close contact with the respective provincial departments authorized to collect and compile the required information about collective bargaining under their jurisdiction, which will be provided in its next regular report. The Committee trusts that the Government will be in a position to provide detailed information in this respect in its next report.

The Committee expects that all necessary measures will be taken to bring the national and provincial legislation into full conformity with the Convention and requests the Government to provide detailed information on all steps taken or envisaged in this respect. The Committee recalls that the ILO project financed by the Directorate-General for Trade of the European Commission to support GSP+ beneficiary countries to effectively implement international labour standards is being implemented in Pakistan and trusts that the project will assist the Government in addressing the issues raised in this observation.

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

Articles 1(1), 2(1) and 25 of the Convention. I. Debt bondage. 1. Legislative framework. The Committee previously noted the Government’s statement that the Bonded Labour System (Abolition) Act 1992 remained applicable in the Islamabad Capital Territory (ICT) and Balochistan Province. The Committee noted that the Governments of Khyber Pakhtunkhwa (KPK) Province and Sindh Province adopted the KPK Bonded Labour System Abolition Act 2015, and the Sindh Bonded Labour System (Abolition) Act 2015, respectively, both of which contained provisions prohibiting bonded labour, extinguishing remaining debts, and providing for criminal penalties in case of violations. However, the Committee noted the information of the All Pakistan Federation of Trade Unions (APFTU) that, despite the prohibition of bonded labour by law, this practice persisted in brick kilns due to the absence of effective enforcement of the law. The Committee therefore urged the Government to take immediate measures to ensure the effective application of the newly enacted provincial legislation related to the abolition of bonded labour in practice, and to provide information in this regard.

The Committee notes the Government’s information in its report that the Government of Punjab enacted the Punjab Bonded Labour System (Abolition) (Amendment) Act, 2018. It also notes from the Government’s supplementary report that the Provincial Cabinet of Balochistan approved the Elimination of Bonded Labour Bill, 2020, which contains provisions that help to curb the bonded and forced labour system in this province, as well as the Rehabilitation of Victims of Bonded Labour Bill, 2020. Both the Bills shall be submitted to the law department for vetting. The Committee further notes the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development (OP and HRD) in consultation with the ILO has initiated the “Gap analysis concerning Protocol of 2014 to the Forced Labour Convention, 1930” with the aim of: (i) identifying the extent to which Convention No. 29 and the Protocol have been incorporated into the national laws and policies; (ii) identifying gaps in the application of Convention No. 29 and areas where current mechanisms and actions to address forced labour need to be strengthened to meet the requirements of the Protocol; and (iii) formulating a set of recommendations to support greater compliance with Convention No. 29 and move towards the ratification of the Protocol.

The Committee notes that according to the findings of the study conducted by the Bureau of Statistics Planning and Development Department of the Government of KPK in May 2017 on bonded labour in the brick kiln industry in the two districts of KPK, of the total of 190 brick kilns in the two districts, a range of four to 270 workers were found working in each kiln. The study reveals that according to the data collected from the workers in the brick kilns, no evidence of forced labour or punishment by owners was found and that they were all treated humanely and according to the laws. The Committee also notes the information from this study that, unlike Punjab, the rights of workers in the brick kiln in KPK are protected mainly due to enforcement of the laws. The Committee requests the Government to continue taking effective measures to eliminate bonded labour in all its provinces, including through the effective implementation of the newly enacted provincial laws abolishing bonded labour and to provide information in this regard. It also firmly hopes that the Government will take the necessary measures to ensure that the Balochistan Elimination of Bonded Labour Bill, 2020, and the Rehabilitation of Victims of Bonded Labour Bill, 2020, are enacted in the near future, and requests the Government to provide information on any progress made in this regard.

2. Programmes of action. The Committee previously noted the measures taken by the provincial governments to eliminate bonded labour, such as the adoption and implementation of the Provincial Plan of Action to Combat Bonded Labour and the ILO project entitled “Strengthening Law Enforcement Responses and Action against Internal Trafficking and Bonded Labour” by the Governments of the Provinces of Sindh and Punjab as well as the implementation of the “Elimination of Bonded Labour in Brick Kilns” project in Punjab.

The Committee notes the Government’s information that the Provincial Action Plan to combat Bonded Labour in Punjab is in progress and a Legal Aid Service Unit has been established by the Punjab Labour Department to help the victims of bonded labour. It also notes that the Labour and Human Resources Department of Punjab, with support of the ILO technical cooperation project is undergoing a gap analysis of the project entitled “Elimination of Child and Bonded Labour Project – an integrated project for the promotion of decent work of vulnerable workers in Punjab”. The Committee also notes that the Government of Sindh has released and rehabilitated eight families under bondage from the district of Khairpur. The Government further indicates that the Government of Balochistan is making efforts to adopt a specific development scheme for brick kiln workers through a survey in Balochistan. Furthermore, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan, which sets 18 recommendations of actions by provinces to eliminate child and bonded labour, has been adopted in 2017. The Committee encourages the Government to pursue its efforts to combat and eliminate bonded labour, as well as to continue adopting measures aimed at supporting freed bonded labourers. It requests the Government to continue to provide detailed information on the specific measures implemented in the Punjab and other provinces in this regard, including the actions taken under the National Strategic Framework, as well as information on the concrete results of these initiatives, including the number of bonded labourers and former bonded labourers, benefiting from these measures.

3. District vigilance committees (DVCs). The Committee previously noted the Government’s indication that it was impossible to monitor bonded labour through the normal inspection procedure and hence DVCs were established under the provincial bonded labour laws. It noted that the DVCs were operational throughout Punjab while the KPK and Sindh Provinces had enacted new laws on bonded labour, under which the DVCs would be re-established in accordance with the rules framed. Moreover, Balochistan Province indicated that the DVCs would be functionalized without delay. The Committee requested the Government to take the necessary measures to ensure that the DVCs would be re-established in KPK and Sindh Provinces under the new laws and functionalized in Balochistan.

The Committee notes the Government’s information that there are seven DVCs working efficiently in the Province of Sindh. These DVCs comprise the elected representatives of the area, representatives of the District Administration, Bar Associations, press, recognized social services and the Labour Department of the Province. The Government report indicates that the Islamabad Capital Territory (ICT) has also established DVCs to eliminate bonded labour from brick kilns. The Punjab Bonded Labour System (Abolition) (Amendment) Act, 2018 contains provisions to strengthen and streamline inspections and reporting through reactivating the DVCs and redefining the role of authorized inspectors. According to the Government’s report, in Punjab, 188 DVC meetings were held in all the 36 districts in 2018. Moreover, in 2019, 258 meetings and during the initial two months of 2020, 70 meetings of the DVCs were held. The Government further indicates that in 2018, 7,420 inspections related to bonded labour were carried out in Punjab, 33 complaints were received, 24 complaints were disposed of and one case was referred to the DVC. Moreover, it notes that the Government of Punjab formulated a subcommittee in April 2019 to assist the Provincial Vigilance Committees to review the implementation of the law and action plan relating to the abolition of bonded labour and the rehabilitation of freed bonded labourers; to monitor the working of the DVC; and to address the concerns of the national and international bodies on matters relating to bonded labour. It further notes that in the Province of Balochistan and KPK, the process for the activation of the DVCs will be completed in the near future. The Committee encourages the Government to continue its efforts to establish, reinforce and strengthen the DVCs in all the provinces, including in Balochistan and KPK. It also requests the Government to continue to provide information on the functioning of the DVCs, including the number of bonded labourers identified and rescued, and to provide copies of monitoring or evaluation reports. It further requests the Government to indicate if any legal action has been taken against persons employing bonded labourers, and to provide information on the number of prosecutions, convictions, and specific penalties applied, as well as copies of relevant court decisions.

4. Data-gathering measures to ascertain the current nature and scope of bonded labour. In its previous comments, the Committee urged the Government to pursue its efforts to ensure that a survey of bonded labour would be undertaken in each province of the country in the near future, in cooperation with employers’ and workers’ organizations and other relevant partners.

The Committee notes the Government’s reference to the study conducted in 2017 in the brick kiln industry in the two districts of KPK. The Committee notes the Government’s indication that due to the traditionally hidden nature of the cases of bonded labour, no survey has been conducted so far on bonded labour. However, provinces are making efforts to conduct surveys and research studies on the subject, for formulation of a comprehensive bonded labour eradication policy. The Committee encourages the Government to pursue its efforts to conduct surveys and research studies on bonded labour in all the provinces. It requests the Government to provide information on any measures taken in this regard, as well as copies of the surveys, once completed.

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

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

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

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

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

Articles 3(1) and (2), 4(2), 10 and 16 of the Convention. Effective organization of the labour inspection services and the supervision and control by central labour inspection authorities at the provincial levels. Number of labour inspectors and number and thoroughness of labour inspections. The Committee previously noted a serious shortage of labour inspectors in relation to the number of workplaces liable to inspection. It also noted that the provincial labour directorates had a number of functions, such as the registration of trade unions and the conciliation and settlement of industrial disputes, not related to the primary duties of labour inspectors (as defined in Article 3(1) of the Convention).

The Committee notes the Government’s statement in its report that the provincial governments are working to strengthen the labour inspection staff and expand their area of activities. In this respect, it takes due note of the information provided by the Government in its annual labour inspection report of 2018 that there has been a slight increase in the overall number of inspectors compared to the information in the 2017 annual labour inspection report in the provinces of Punjab (from 221 labour inspectors and 13 mine inspectors in 2017 to 225 labour inspectors and 13 mine inspectors in 2018), Sindh (117 labour inspectors and 26 mine inspectors in 2017 to 132 labour inspectors and 21 mine inspectors in 2018) and Khyber Pakhtunkhwa (KPK) (40 labour inspectors in 2017 and 50 in 2018). The Committee notes that one province saw an overall decrease (Balochistan with 73 labour inspectors and nine mine inspectors in 2017 down to 63 and 16 in 2018), and it notes that for Balochistan (37 per cent), KPK (46 per cent) and Sindh (30 per cent), a significant proportion of authorized positions are vacant. The Committee further notes the information provided by the Government on the number of inspections undertaken by the respective inspectorates and the number of workers covered by these inspections, as well as the Government’s indication that the approximate labour force of Pakistan was 65.5 million in 2017–18. With respect to data, the Government indicates that the provincial reporting of data concerning labour inspection is progressing, but that there are sometimes differences in the reported data in different reports.

With respect to the Committee’s previous request on additional duties assigned to labour inspectors, the Committee notes the Government’s statement that the additional duties do not interfere with the effective discharge of their primary duties under Article 3(1) of the Convention. It states that, for example with respect to Punjab, the time spent performing additional functions like registration of trade unions, conciliation and settlement of industrial disputes by labour inspectors, is approximately 5 per cent of the total working time, which leaves ample time to perform primary duties. With respect to this diversion of labour inspector time for additional duties, rather than the primary duties of monitoring and securing the conditions of work and the protection of workers while engaged in their work, the Committee recalls that, according to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee urges the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including by filling the vacant positions in each province. It requests the Government to continue to ensure the availability of accurate information on the number of labour inspectors in each province and to continue to provide information on the number of labour inspectors (as well as vacant positions) and labour inspections performed in each province. The Committee also requests the Government to provide further information on the measures taken to strengthen the authorities responsible for labour inspection in the four provinces. In this respect, the Committee once again requests the Government to provide an organizational chart of the labour inspection services in each province.

Article 12. Free access of labour inspectors to workplaces. In its previous comment, the Committee noted that the 2017 Sindh Occupational Safety and Health (OSH) Act restricts the conduct of inspection visits to “any reasonable time” (and only permits entry “at any time” in situations that are or may be dangerous) (section 19). It recalled that according to Article 12 of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It also noted the 2019 Punjab OSH Act, which covers labour inspection, did not contain any provisions related to the power of labour inspectors to freely enter workplaces liable to inspection without prior notice.

The Committee notes the Government’s reiterated indication that labour inspectors may enter workplaces freely and without previous notice, pursuant to the Factories Act of 1934 and the Mines Act of 1923. It notes in this respect the information provided by the Government on the applicable legislation in the respective provinces, indicating that the Factories Act of 1934 is not applicable in the provinces of KPK and Sindh, which adopted provincial Factories Acts in 2013 and 2015, respectively.

In this respect, the Committee notes the provisions on the powers of inspectors in the Factories Act of 1934, the Sindh Factory Act of 2015 and the KPK Factories Act of 2013, which do not specifically refer to entry without prior notice while providing that inspectors may enter establishments (which are liable to inspection, or which they have reason to believe to be liable) as they think fit, subject to any rules made by the Government (section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of Sindh Factories Act). The Committee requests the Government to take the necessary measures to ensure that labour inspectors in all provinces are empowered in law and practice to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night, as provided for in Article 12(1) of the Convention. It requests the Government to provide information on any rules (or legislation) adopted with an impact on the exercise of the powers of inspectors referred to in section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of Sindh Factories Act. It also requests the Government to provide information on the exercise of this right in practice in the provinces of KPK and Sindh, indicating the number of inspections conducted with and without prior notice.

Articles 17 and 18. Effective enforcement. Sufficiently dissuasive penalties for labour law violations and for obstructing labour inspectors in the performance of their duties. The Committee welcomes the information provided, in reply to the Committee’s previous request concerning enforcement and in the annual labour inspection report of 2018, concerning the number of infringements detected, the number of convictions, and the amount of fines imposed by the Directorates of Labour and Departments of Mining of each province. It also notes the Government’s statement, in response to the Committee’s previous request related to the obstruction of labour inspectors, that there have been no cases reported relating to obstruction of labour inspectors in their duties in all Provinces. Concerning the Committee’s previous request regarding progress made to provide for increased penalties, the Committee further notes the Government’s reference to the adoption, in January 2020, of the KPK Mines Safety, Inspection and Regulation Act, 2019, which revised and raised the applicable fines in the case of violations in mining. Noting that the Government previously referred to draft labour legislation providing for increased penalties in Balochistan and Sindh, the Committee requests the Government to continue to provide information on the progress made with respect to increasing the level of fines and other penalties for labour law violations and the obstruction of labour inspectors in their duties in each of the provinces. It also requests the Government to continue to provide information in relation to each of the provinces on the number of violations detected, the number of such violations which resulted in prosecution, and subsequent convictions, and both the number and amount of the fines imposed, and to provide information on the proportion of imposed fines that are paid in practice for each province. Noting the Government’s indication that no cases have yet been reported related to any obstruction of labour inspectors in their duties, the Committee urges the Government to provide information on the possible reasons for this lack of reporting, including whether it is related to a lack of sufficiently detailed inquiry, or to inspectors’ reluctance to initiate such reports. It requests the Government to provide information on any cases reported in the future, in relation to each of the provinces, including the outcome of the case and the specific penalties applied (including the amount of fines imposed).

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

Article 3(1)(a) and (b) of the Convention. 1. Labour inspection and occupational safety and health (OSH). Following its previous comments, the Committee notes the Government’s indication that the Balochistan Occupational Safety & Health Bill is in process of being tabled before the Provincial Cabinet, and that the process is underway to increase the applicable fines in Balochistan under the Mines Act, 1923. The Committee also takes due note of the adoption of the Khyber Pakhtunkhwa (KPK) Mines Safety, Inspection and Regulation Act, 2019. The Committee requests the Government to continue to provide information on the progress made with respect to the adoption of OSH laws in the Islamabad Capital Territory and all provinces.

2. Coverage of workplaces by labour inspection and private auditing firms. The Committee previously noted the Government’s statement that the outsourcing of responsibilities towards private auditing firms performing third party inspections had to change. It subsequently noted the Government’s statement that private auditing may only be complementary to public labour inspection, and that there were currently no auditing firms accredited by the Pakistan National Accreditation Council with the scope of labour inspection.

The Committee notes the Government’s reiterated indication in its report, in response to the Committee’s previous request, that there is currently no role for private auditing firms to perform third party labour inspections in any of the Provinces. It also states that there is currently no formal interface between private auditing firms and public labour inspection. The Committee also notes the Government’s statement that the process of labour inspection “is mainly carried out by public officials.” The Committee requests the Government to provide information on whether any private auditing firms in the country perform audits in the area of OSH, and if so, to provide information on their activities. The Committee also requests the Government to provide specific information regarding who besides public officials is performing labour inspection duties, what proportion of labour inspection is performed in this manner, and how non-public actors are being supervised by the Government.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided by the Government, in response to its previous request concerning recruitment of inspectors in mining in Balochistan, that the Department of Mines and Minerals Balochistan has been strengthened with the new induction of two Mine Safety Engineers, three Junior Inspectors of Mines and two Rescue Instructors. The Committee also notes the information in the annual labour inspection report of 2018 that 16 out of the 23 approved posts for mining inspectors in the province have been filled. The Committee takes due note of the information provided by the Government concerning the number of mines inspected, the number of violations detected, the number of notices issued and the number of occupational accidents with respect to KPK and Balochistan, as well as the number of workplaces inspected and infringements detected by the Department of Mines of Sindh. It further notes the information in the annual inspection report of 2018 on the number of mines inspected concerning all provinces and the number of fatal and non-fatal accidents. The Committee requests the Government to continue to provide information on any measures taken to improve safety and health in the mining sector, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector. It once again requests the Government to explain how the current level of fines imposed, alone or in combination with other penalties, is sufficiently dissuasive as a sanction for these violations. The Committee also requests the Government to continue to provide information on the recruitment of mining inspectors in Balochistan, including the filling of vacant posts.

Article 7. Qualifications and training. The Committee notes the Government’s statement that, in order to strengthen the labour inspectorate in the Province of Punjab, the Government of Punjab has admitted officers into the Department of Labour, from 12 other departments of the district administration and the district police, to work as labour inspectors. The Committee requests the Government to provide information on the manner in which it is ensured that the new officials assigned to the Department of Labour performing the function of labour inspectors have adequate qualifications to perform effectively their inspection duties, in accordance with Article 7 of the Convention, and to provide specific information on the subject matter and duration of training provided to these new officials in support of their labour inspection activities.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee notes the information provided by the Government in response to the its previous request on female inspectors, that the Provincial governments are making continuous efforts to increase the number of female inspection staff, with a view to reducing the gender gap in inspection teams. It notes the information in the 2018 annual labour inspection report on the number of female labour inspectors in the provincial Departments of Labour in all provinces, and in the Department of Mines in Sindh and KPK. The Government further indicates that it is in the process of recruiting female labour inspectors in the Department of Mines of Balochistan. The Committee requests the Government to continue to provide information on the results of its efforts to increase the number of female inspection staff.

Article 11. Financial and material means, including transport facilities. The Committee notes the Government’s indication, in response to the Committee’s request, that efforts are being made to provide transport facilities to inspection officials. The Government reiterates that, due to financial constraints, official transport facilities cannot be provided to all the labour inspectors but that efforts are underway to reimburse the inspectors for any travel and incidental expenses necessary to discharge their official duties in all provinces. The Committee further notes the specific information provided concerning the transport facilities and allowances of the Department of Labour of Punjab and the Department of Mines in Sindh. The Committee requests the Government to continue to provide information on the specific actions taken to improve the situation as regards transport facilities and allowances, including further detailed information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. It requested concrete information on the measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease.

The Committee notes the information in the 2018 labour inspection report concerning the number of accidents notified to the Departments of Labour in all provinces, and notified to the Departments of Mining in Balochistan, KPK and Punjab. It notes that the overall number of accidents notified appears to be low (154 for all provinces, both Departments of Labour and Departments of Mines). It notes that the vast majority notified were fatal accidents (136), and in certain cases, only fatal accidents were notified. The Committee further notes that occupational diseases were only recorded and notified to the Chief Inspectorate of Mines in Punjab and the Department of Labour in Sindh. Concerning the regulations under development previously referred to by the Government, the Committee notes the Government’s indication that both the Regulation regarding medical examination of workers of Balochistan and the Sindh OSH rules related to accidents and diseases are still in the process of adoption. The Committee requests the Government to take measures to improve the notification of occupational accidents, to ensure the notification of both fatal and non-fatal accidents, and to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate. It requests the Government to provide information on the measures taken in this respect, and to continue to provide statistical information on the number of industrial accidents and cases of occupational disease in each of the provinces. It requests the Government to continue to provide information on any rules or regulations adopted in this respect.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes with interest the 2018 annual report labour inspection report communicated to the Office within the time limits prescribed in Article 20, containing information on all the subjects listed in Article 21 for the four provinces and the Islamabad Capital Territory. It further notes the Government’s indication that it will submit the annual consolidated labour inspection report for the year 2019 to the ILO by the end of 2020. The Committee trusts that the Government will continue to regularly publish and communicate to the ILO the annual labour inspection reports.

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

Articles 1(c) and (d) of the Convention. Penalties involving compulsory labour as a means of labour discipline and as a punishment for having participated in strikes. For many years, the Committee had been referring to the following provisions which are not in compliance with the provisions of the Convention:

-sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance, 2001, under which penalties of imprisonment, which may involve compulsory labour by virtue, inter alia, of section 3(26) of the General Clauses Act, 1897, may be imposed in respect of various breaches of labour discipline, such as absence without leave, wilful disobedience, or combining with the crew in “neglect” of duty, and seafarers may be forcibly conveyed on board ship. The Committee observed that provisions of the Pakistan Merchant Shipping Ordinance, 2001did not appear to be limited in scope to circumstances endangering the safety of the ship or the life or health of persons;
-certain provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, under which employees are prohibited from leaving their employment without the consent of the employer, as well as from striking, subject to penalties of imprisonment that involves compulsory labour.

The Committee had requested the Government to take the necessary measures to ensure that the above-mentioned provisions of the 2001 Merchant Shipping Ordinance and the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, are amended in order to bring it into conformity with the Convention.

The Committee notes the Government’s information in its supplementary report that the Ministry of Maritime Affairs is in the process of amending sections 204, 206, 207 and 208 of the Merchant Shipping Ordinance and is preparing a draft Amendment Bill. The Government further indicates that the Law and Justice Division shall formally vet the proposed amendments once approved by the Cabinet. However, the Committee notes with regret that the Government has not provided any information regarding the measures taken to bring the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, into line with the Convention. In this regard, the Committee recalls the explanations provided in paragraphs 309–312 of its 2012 General Survey on the fundamental Conventions, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline”. The Committee also recalls the principle laid down under paragraph 315 of the 2012 General Survey that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore urges the Government to take the necessary measures to ensure that the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and corresponding provincial Acts, which provide for penalties involving compulsory labour for employees for leaving their employment without the consent of the employer or for participating in strikes are amended or repealed without delay. The Committee also firmly hopes that the Government will take the necessary measures to ensure that sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance will be amended in the very near future. The Committee requests the Government to provide information on the progress made in this regard.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted the Government’s information that, according to sections 32(1)(e) and 67(3) of the Industrial Relations Act 2012, unfair labour practices of a worker, including to commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal strike or a go-slow, is liable to imprisonment up to thirty days, which may involve compulsory labour. The Government indicated that, the Ministry of Overseas Pakistanis and Human Resource Development had decided to discuss this issue at the Federal Tripartite Consultative Committee level. The Committee expressed the firm hope that the necessary measures would be taken to repeal or amend the above-mentioned provisions.

The Committee notes the Government’s reference to the explanation under section 32(e) that “go-slow” means an organized, deliberate and purposeful slowing down of normal output, or the deterioration of the normal quality of workmen acting in a concerted manner and does not include slowing down due to mechanical or technical defect of machinery or defect in power supply. The Government states that forced labour, slavery and all forms of exploitation are forbidden by law and that the only exceptions allowed is compulsory labour as part of punishment ordered by a court of law. Moreover, such works are subject to the condition that it shall not be of a cruel nature or incompatible with human dignity. The Government indicates that this issue will be discussed shortly at the Federal Tripartite Consultative Committee in order to reach a consensus with the views of the Government stakeholders, workers’ and employers’ organizations and other social partners. Recalling that the imposition of sanctions involving compulsory labour as a punishment for having peacefully participated in strikes is incompatible with the Convention, the Committee requests the Government to take the necessary measures to bring sections 32(1)(e) and 67(3) of the Industrial Relations Act of 2012 into conformity with the Convention either by repealing or amending the above-mentioned provisions. The Committee requests the Government to provide information on any progress made in this regard.

The Committee notes the supplementary information provided by the Government on matters raised in previous direct request addressed to it, and otherwise repeats the content of its observation adopted in 2019 which read as follows.

Articles 1(a) and (e) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views and as a means of religious discrimination. In its previous comments, the Committee observed that sections 10–13 of the Security of Pakistan Act 1952; sections 5, 26, 28 and 30 of the Press, Newspaper, News Agencies and Books Registration Ordinance 2002; section 32(2) and (3) of the Electronic Media Regulatory Authority Ordinance 2002; and sections 8 and 9 of the Anti-Terrorism Act 1997, provided for restrictions on the expression of political views and provided for penalties of imprisonment involving compulsory labour in cases of violations. The Committee also referred to sections 298B(1) and (2) and 298C of the Penal Code, inserted by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, No. XX of 1984, under which any person of these groups who uses Islamic epithets, nomenclature and titles is punishable with penalties of imprisonment (which may involve compulsory labour) for a term of up to three years. In this regard, the Committee noted the Government’s statement that, the Ministry of Overseas Pakistanis and Human Resources Development submitted a proposal to the Ministry of Law and Justice to consider bringing any breach of the civil and social rights and liberties beyond the purview of criminal punishment; to limit penalties for such breaches to fines or other sanctions that does not involve compulsory labour; and to confer a special status to prisoners convicted of political offences. The Committee therefore requested the Government to continue its efforts to bring the above-mentioned laws into conformity with the Convention in the near future, and requested the Government to provide information on any progress made in this regard.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee therefore urges the Government to take the necessary measures to amend the above-mentioned provisions, either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on any progress made in this regard.

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

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.

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.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 3(a) and 5), as well as on the basis of the information at its disposal in 2019.

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

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

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

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

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

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

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

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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 3(a) and 7(2) (b) and Articles 3(d) and 7(2) (b)), as well as on the basis of the information at its disposal in 2019.

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

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

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

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

The Committee also notes the information from the official website of the Ministry of Interior on the measures taken by the Government to combat trafficking, of persons including: (i) the establishment of an Integrated Border Management System (IBMS) at all FIA Immigration Check Posts; (ii) issuance of computerized national identity cards and Pakistan origin cards for overseas Pakistanis and family registration certificates; (iii) capacity-building of immigration officials; (iv) maintenance of an Exit Control List in order to stop the exit of traffickers of persons and smugglers from Pakistan; (v) establishment of a 24/7 FIA Helpline for complaints and support; and (vi) establishment of an Inter-Agency Task Force for the collection of intelligence and sharing of information on trafficking in persons and smuggling. The Committee further notes that in 2018, a total of 348 cases were registered under the PTPA and PSMA. Moreover, 18 of the most wanted traffickers were arrested in the same year. The Committee requests the Government to continue to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA as well as under the PSMA. It also requests the Government to provide information on the measures taken to identify child victims of trafficking as well as on the measures taken to ensure their rehabilitation and social integration.

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

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

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

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

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

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

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

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

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

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

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the Government’s second report on the application of the Convention. It also notes that the 2016 amendments to the annexes of the Convention entered into force for Pakistan on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Doc. 9303.

The Committee notes that, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. While noting the efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1 of the Convention. Definition of seafarers. The Committee notes that Part 1, chapter 1, paragraph 45, of the Merchant Shipping Ordinance 2001 (MSO), defines “seaman” as “a person employed or engaged, or to be employed or engaged, for service in any capacity on board any ship, but does not include master, pilot or apprentice”. The Government indicates that the definition of “seaman” is currently being reviewed and that a text containing a new definition will be promulgated after the completion of this process. The Committee recalls that under Article 1, paragraph 1, of the Convention the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation, which includes masters and apprentices. The Committee requests the Government to indicate the measures taken in order to ensure that masters and apprentices are regarded as seafarers and that they enjoy the protection provided for by the Convention.

Article 2. Issuance of seafarers’ identity documents (SIDs). In its previous comment, noting that the existing legislation needed to be revised, the Committee requested the Government to provide information on any new legislative provision given effect to the Convention. The Committee notes the Government’s indication that: (1) SIDs are issued to Pakistani nationals holding a valid Computerized National Identity Card and a valid passport; (2) SIDs may also be issued to seafarers who have been granted the status of permanent resident; (3) the applicant should be a registered seafarer holding a Seaman Service Book issued under the MSO; (4) SIDs are issued within a period of three days; and (5) in case of rejection of a seafarer’s application, he/she may appeal to the higher administrative authority, the Director-General of the Ports and Shipping Department. The Committee further notes that the Circular on Machine Readable Seafarers’ Identity Document of 5 September of 2005 establishes the procedure for the issuance of SIDs. While noting this information, the Committee observes that the Government has not indicated the relevant laws or regulations providing for seafarers’ right to an administrative appeal in the case of a rejection of their application. The Committee therefore requests the Government to indicate the legislative or other measures that give effect to Article 2, paragraph 5, of the Convention.

Article 3. Content and form of SIDs. In its previous comment, the Committee noted that the SIDs issued by the National Database and Registration Authority (NADRA) were defective since they were not reliably machine readable and were not compliant with the ICAO 9303 specifications, as prescribed by Article 3 and Annex I of the Convention. The Committee notes however that the Government is now required to issue a new SID in conformity with the amended version of the Convention and will therefore not follow up on its previous comments on this issue. The Committee hopes that the Government will take the necessary measures to issue a new SID that will be fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it will be available.

Article 4. National electronic database. In its previous comment, the Committee had raised a number of points with regard to which the operation of the national electronic database of SIDs kept by NADRA had to be improved to ensure compliance with the requirements of Article 4 and Annex II of the Convention. These improvements included: the capability of the database to be promptly updated when a SID is suspended or withdrawn; the availability of the focal point 24 hours per day, seven days a week; the database encryption and appropriate access control mechanisms; and the possibility to record all queries received and processed by the database concerning the authenticity and validity of SIDs. In its reply, the Government indicates that the record of each SID issued, suspended or withdrawn is stored in an electronic database, which is secure and accessible only through password by the authorized person(s). To this end, NADRA has developed and deployed centralized software for the production/issuance of SID for the Ministry of Maritime Affairs. The Government highlights that the SID system is currently being reviewed by NADRA. It further indicates that the Shipping Master, Ministry of Maritime Affairs is the permanent focal point for responding to any inquiry prescribed under this provision of the Convention. The Committee requests the Government to provide information on the process of review of the national database system and to indicate any measure taken to ensure its full compliance with Article 4 and Annex II of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. In the absence of information on the relevant laws or regulations, the Committee requests the Government to indicate how it ensures compliance with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. The Committee observes that the Government provides no information regarding seafarers’ right to maintain the possession of the SID at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarers’ written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention. The Committee notes the Government’s indication that the issuing authority of the SID (Shipping Master) may suspend, cancel or withdraw the SID if the seafarer holding the SID commits any misconduct. The seafarer concerned may make administrative appeal to the higher authority. The Government further indicates that no consultation has taken place in this regard. While noting this information, the Committee observes that the Government has not indicated the relevant laws or regulations or other measures giving effect to Article 7, paragraph 2, of the Convention. The Committee recalls that the procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to indicate the measures adopted in this regard.

Comments adopted by the CEACR: Pakistan

Adopted by the CEACR in 2021

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C027 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Pakistan

Display the list by:

Adopted by the CEACR in 2021

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C027 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)