Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Pakistan (Ratification: 2001)

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

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

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

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

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

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

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

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

Article 3(d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that article 11(3) of the Constitution states that “no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment”. The Committee had also noted that sections 2 and 3 of the Employment of Children Act of 1991 provide that children under 14 years of age shall not be employed in the occupations listed in Parts I and II of the Schedule of the Employment of Children Act which provide for a detailed list of the types of work that children under 14 years of age shall not perform. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee had also observed that night work between 7 p.m. and 8 a.m. is prohibited for children under 14 years of age under section 7 of the Employment of Children Act of 1991. The Committee had further noted the Government’s indication that the Ministry of Labour, Manpower and Overseas Pakistanis was working on the consolidation and rationalization of labour laws which will include amending the definition of a child so as to bring its legislation into line with the Convention. The Government had added that the process requires the approval of Parliament, which takes time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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