Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Pakistán (Ratificación : 2001)

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

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

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

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

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

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

The Committee notes the information in the Government’s reply to the list of issues raised by the CRC of 1 September 2009 regarding the measures being implemented to address the high number of out of school children. These include providing incentives for school attendance (such as food) to poor and disadvantaged children, promoting girls’ education through a joint project with the United Nations Population Fund (UNFPA), the operation of 13,000 non-formal basic education schools, and an overall increase of the budget for education (CRC/C/PAK/Q/3-4/Add.1, paragraph 63). However, the Committee notes that the CRC, in its concluding observation of 19 October 2009, expressed concern that nearly 7 million of the estimated 19 million primary school-age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3‑4, paragraph 78). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, particularly with regard to increasing school enrolment and completion rates and reducing the school drop-out rates. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained.

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

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

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

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

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

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

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

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