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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the NORMLEX database (http://www.ilo.org/dyn/normlex/en/f?p=1000:1:0::NO:::) and click on ‘display all documents related to a specific country’.
Scroll to: _________________________________________________________________ CEACR: Individual Observation concerning the Minimum Age Convention, 1973 (No. 138) Pakistan (Ratified: 2006) This report was originally published the previous year, but in the absence of a State response, was reissued in 2012. Article 2(2). Minimum age for admission to employment or work. The ILO Committee previously noted that, at the time of ratification, that Pakistan specified 14 years as the applicable minimum age for admission to employment. The Committee also noted that a draft Employment and Service Conditions Act 2009 had been elaborated and that pursuant to section 16(a) of this draft Act, the employment of a child who had not attained 14 years of age is prohibited. The Committee noted an absence of information with regard to progress made towards the adoption of the draft Act, and requested that it be expeditiously adopted. Article 2(3). Age of completion of compulsory education. The ILO Committee noted progress towards establishing compulsory primary education laws, but observed that, due to the definitions of “primary education” and “child”, compulsory education could finish between the ages of 10–14. The Committee underlined the desirability of ensuring compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), and encouraged the Government to take measures in that regard. The Committee expressed its deep concern at the significant number of children under the minimum age who are not attending school. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment (of 14 years), and to ensure that, in practice, children are attending school. In this regard, it requests the Government to provide information on the measures taken to increase school enrolment rates and reduce school drop-out rates, and on the results achieved. Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that pursuant to sections 2, 3 and 7 of the Employment of Children Act of 1991, the employment of children under 14 is prohibited in a variety of occupations. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. The Committee observed that these provisions do not comply with the provisions of Article 3(1) of the Convention which sets 18 years as the minimum age for admission to hazardous work. However, the Committee noted that section 16(c) of the draft Employment and Service Conditions Act 2009 prohibited the employment of persons under 18 in any of the occupations and processes listed in Parts I and II of the Schedule (containing four occupations and 39 processes). The Committee urged the Government to take the necessary measures to ensure that this draft legislation was adopted. The Committee noted the information in the Government’s report that the Road Transport Workers Ordinance prohibits the employment of persons under 18 in road transport work. The Committee also noted that the Shops and Establishments Ordinance prohibits the employment of persons under 18 in night work. However, noting an absence of information from the Government on the status of the draft Employment and Service Conditions Act 2009, the Committee once again urges the Government to take the necessary measures to ensure that, in conformity with Article 3(1) of the Convention, this draft Act, which prohibits the employment of persons under 18 in hazardous types of work, is adopted in the near future. Article 9(1) and Part III of the report form. Penalties and the labour inspectorate. The Committee noted the information in a 2008 report on the worst forms of child labour in Pakistan, available on the website of the Office of the United Nations High Commissioner for Refugees, that enforcement of child labour legislation is weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption. This report also indicated that, while authorities cite employers for child labour violations, the penalties imposed are generally too minor to act as a deterrent. The Committee expresses its concern at the lack of capacity of the labour inspectorate to effectively monitor the legislation giving effect to the Convention and therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspectorate in this regard, including through the allocation of additional resources. It also requests the Government to take the necessary measures to ensure that persons who violate the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. In this respect, the Committee requests the Government to provide information on the number and nature of violations relating to the employment of children and young people detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed. Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that, according to the National Child Labour Survey conducted in 1996, of the 3.3 million children aged between 5–14 years who were economically active on a full-time basis, 46 per cent worked 35 hours per week, while 13 per cent worked for 56 hours or more per week. The Committee requested the Government to provide recent statistical data on the application of the Convention in practice. _________________________________________________________________ CEACR: Individual Observations concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Pakistan (Ratified: 2001) This report was originally published the previous year, but in the absence of a State response, was reissued in 2012. 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. The Committee noted, however, 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 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 ILO 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 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. 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 organised 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 organising 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 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. 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 and insufficient to act as a deterrent. 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. 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 ILO 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. 3. Children working in the carpet industry. The ILO 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. 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 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 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, including the registration of brick kiln workers and the national project on the rehabilitation of child labourers. It requests that the Government provide information on progress made in this regard and on the results achieved. Article 8. International cooperation and assistance. Regional cooperation. Trafficking. The ILO 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. _________________________________________________________________ CEACR: Direct Request concerning the Minimum Age Convention, 1973 (No. 138) Pakistan (Ratified 2006) Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments the ILO Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. It also noted that section 16(c) of the draft Employment and Service Conditions Act 2009 contains a similar provision of excluding family enterprises from its scope. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organisations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requested the Government to indicate whether it intended to avail itself of the possibility provided in this Article. If so, it requests the Government to provide information on consultations held with employers’ and workers’ organisations in this regard. Article 6. Vocational training and apprenticeship. The ILO Committee previously noted that section 3 of the Employment of Children Act 1999, concerning the prohibition of work for persons under the age of 14 in certain processes, did not apply to work performed in the context of schools established, assisted or recognised by the Government. The Committee requested the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships. The Committee noted that section 3 of the draft Employment Conditions and Services Act 2009 defines an apprentice as a person who is employed (whether for the payment of wages or not) for the purpose of being trained in any trade, craft or employment. However, this legislation does not appear to prescribe a minimum age for admission to such training. The Committee recalled that Article 6 of the Convention authorises work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. The Committee therefore requests the Government to indicate the minimum age applicable for admission to apprenticeships. Article 7. Light work. The ILO Committee previously noted that there were no legal provisions allowing or regulating light work for children of 12–14 years. It noted, however, that according to the statistical data of the ILO (based on the national child labour survey conducted in 1996 by the Federal Bureau of Statistics) about 3.3 million children between the ages of 5 and 14 are economically active in Pakistan. It requested the Government to indicate the measures taken or envisaged to determine light work activities that may be carried out by young people aged between 12 and 14. The Committee noted that pursuant to section 3 of the Employment of Children Act 1991, work for children (persons under 14 years of age) is prohibited in certain occupations and processes. It also noted that sections 7(2) and 7(3) of the Employment of Children Act, 1991, provide that children shall not work for more than three hours without a one-hour break, and that this work shall not exceed seven hours a day, inclusive of the rest period. However, the Committee observed that this legislation does not appear to prescribe a minimum age for this work permitted to children. The Committee therefore reminded the Government that, by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of light work is only permitted from the age of 12 years. _________________________________________________________________ CEACR: Direct Request concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Pakistan (Ratified 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 ILO 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. The Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the above mentioned 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 7(2). Effective and time-bound measures. 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 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. 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 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. 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 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. 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. _________________________________________________________________
Published: 2012
Published 2012
Published 2012
Published 2012