Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

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

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

Repetition

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

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

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

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

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

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

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

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

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted that article 11(3) of the Constitution states that “no child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment”. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee also noted that sections 2 and 3 of the Employment of Children Act of 1991 provide that children under 14 years of age shall not be employed in the occupations listed in Parts I and II of the Schedule of the Act, containing a detailed list of hazardous types of work that children shall not perform.

The Committee noted the statement in the communication of the PWF that a large number of children in Pakistan are employed in hazardous work, particularly in the brick kiln, glass and leather industries, and in the informal sector. Referring to its comments made in 2009 under the Minimum Age Convention, 1973 (No. 138), the Committee noted that a draft Employment and Service Conditions Act 2009 has been elaborated. Pursuant to section 16(c) of the draft Employment and Service Conditions Act 2009, the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes) is prohibited. The Committee recalled that under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly urges the Government to take the necessary measures to ensure that, in conformity with Article 3(d) of the Convention, the draft Employment and Service Conditions Act 2009, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee noted the information in the Government’s report that, pursuant to the “Combating abusive child labour II” project, a second national survey on child labour will be undertaken. The Committee requests the Government to take the necessary measures to ensure that this national survey includes an examination of the worst forms of child labour, including bonded labour, trafficking, commercial sexual exploitation and hazardous work. It also requests the Government to provide information from this national survey, once completed.

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

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