CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Pakistan (RATIFICATION: 2006)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that a national Time bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16 was developed in consultation with the stakeholders. It also noted that a project entitled “Combating Abusive Child Labour II” was launched as well as a project entitled “Pakistan earthquake: Child labour response project”.

The Committee notes the Government’s statement that the TBP is being implemented by provincial labour departments, and that provincial coordination committees on child labour have been formed. In addition, within the framework of the Combating Abusive Child Labour II project, capacity-building activities are being carried out in four provinces and support is being provided to the provincial coordination committees on child labour, as well as the provincial child labour units in several regions. The Government indicates that 1,204 children (450 boys and 754 girls) have been withdrawn from child labour through this project, including 485 children who participated in a vocational training programme for children aged 15–17 years removed from hazardous work. Other measures undertaken include training for teachers on child labour issues, enhancing the knowledge of media professionals on child labour issues, national awareness campaigns and television programmes on child labour. Additionally, the “Pakistan earthquake: Child labour response project” provided non-formal education at 32 rehabilitation centres to 3,779 earthquake-affected children who were involved, or at risk of being involved, in child labour. Some 2,169 of these children were mainstreamed into government schools. The Committee takes due note of this information, and requests the Government to continue to provide information on the concrete measures taken pursuant to the project on Combating Abusive Child Labour II project and the implementation of the national TBP 2008–16. It also requests the Government to continue to provide information on the impact of these initiatives, including the number of children reached through these programmes.

Article 2(3). Age of completion of compulsory education. The Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observation of 19 October 2009, expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The CRC further expressed concern that nearly 7 million of the estimated 19 million primary-school-age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3–4, paragraph 78).

The Committee notes that article 25A of the Constitution (as amended by the 18th Constitutional Amendment) states that the State shall provide free and compulsory education to all children between the ages of 5–16 years in such manner as may be determined by law. In this regard, the Government indicates that the subject of education lies with the provinces, and that the provinces are taking a number of steps to improve the education system under the Education Sector Reform Programme. The Committee also notes the Government’s indication that, at the workshop on child labour legislative reform held in February 2012, the participants (representatives of the four provinces and the social partners) emphasized that it was important to synergize the child labour legislation with the Constitutional provisions on education providing for compulsory education up to 16 years of age.

Recalling that education is one of the most effective means of combating child labour, the Committee draws the Government’s attention to Article 2(3) of the Convention which states that the minimum age established shall not be lower than the age of completion of compulsory education. If the minimum age for admission to work is lower than the school-leaving age, children may be encouraged to leave school, as they are legally permitted to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to provide information on any measures taken to link the minimum age for admission to employment to the age of completion of compulsory schooling, in line with Article 2(3) of the Convention. It also requests the Government to provide information on whether the four provinces have adopted legislation or regulations requiring attendance in compulsory education between 5 and 16 years, pursuant to article 25A of the Constitution, and to provide copies of the relevant legislation.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations 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 notes an absence of information on this point in the Government’s report, but notes the Government’s indication that a Prohibition of Employment of Children Act has been drafted for adoption by the four provinces. In this regard, the Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, unless excluded under Article 4(1) of the Convention. The Committee once again requests the Government to indicate whether it intended to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard. If not, it requests the Government to take the necessary measures to ensure that the Prohibition of Employment of Children Act applies to all sectors of economic activity, including work in family enterprises.