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

Other comments on C138

Observation

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 9(1)) as well as on the basis of the information at its disposal in 2019.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters had been transferred to the provinces. Accordingly, it noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) and the Punjab Restriction on Employment of Children Ordinance, 2016 (Punjab Ordinance 2016) contained provisions specifying a minimum age of 14 and 15 years for admission to employment or work, respectively. Noting that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces had also drafted legislation containing similar provisions, the Committee requested the Government to take the necessary measures to ensure the adoption of the draft laws in the near future.

The Committee notes with interest the Government’s information in its report that the Sindh Prohibition of Employment of Children Act which was adopted in 2017 establishes a minimum age of 14 years for admission to employment or work (section 3(1)). The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 is under the process of being presented to the Cabinet while the ICT administration is making efforts to revise the provisions of the Employment of Children Act, 1991 with the ILO’s support. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the revised Employment of Children Act, 1991 of ICT which establishes a minimum age of 14 years for admission to employment or work will be adopted without delay. It requests the Government to provide information on any progress made in this regard.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted that the KPK Act 2015 and the Punjab Ordinance 2016 provided for two lists of types of hazardous work prohibited to young persons under 18 years of age. It noted that the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee requested the Government to take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future, after consultation with the organizations of employers and workers concerned.

The Committee notes with satisfaction that section 3(2) of the Sindh Prohibition of Employment of Children Act 2017, prohibits the employment of adolescents in 38 hazardous occupations and activities listed in its schedule. The Committee further notes the Government’s indication that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 has also updated the list of hazardous occupations and processes prohibited to young persons and the ICT administration is in the process of adopting laws prohibiting hazardous types of work by young persons under the age of 18 years. The Committee once again requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill of 2019 and the draft laws of ICT which contain provisions prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations are adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. In this regard, the Committee noted the Government’s information that the new laws in Khyber Pakhtunkhwa (KPK) and Punjab provinces on the prohibition of employment of children as well as the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 increased the fines for the violation of their provisions. It further noted the Government’s information that reforms of the labour inspection system were being carried out under the Strengthening Labour Inspection System Programme in Pakistan (SLISP) with the support from the ILO country office. The Committee requested the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate.

The Committee notes the observations made by the Pakistan Workers Federation (PWF) in October 2017 that the incidence of child labour has increased even in the formal sector due to the abolition of the labour inspection system, the imposition of restrictions on inspections or due to the inspections being conditioned on the employer’s permission.

The Committee notes the Government’s information that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the ICT draft laws on child labour have increased the maximum fines for violations of the child labour provisions. It also notes the Government’s information regarding the application of the KPK Act of 2015 that, in 2017, 3,367 inspections were conducted, 23 convictions were handed out, out of 36 prosecutions, involving 21,921 Pakistani rupees (PKR) in fines (approximately US$142); while in 2018, 8,367 inspections were conducted, and 95 convictions were handed out, out of 213 prosecutions, involving PKR134,000 in fines (approximately US$863). The Committee further notes the Government’s information in its supplementary report that in 2019, 9,538 inspections were conducted, 340 prosecutions were conducted and a total fine of PKR0.56 million was imposed in the 254 cases decided by the courts.

With regard to the application of the Punjab Restriction of Employment of Children Act, 2016 the Committee notes the Government’s information that in 2019, 30,676 inspections were conducted, 2673 child labour cases were detected, 25 establishments were sealed, and 1199 persons were arrested. The Government further indicates that in February 2020, the Department of Labour, Balochistan conducted 69 child labour inspections and of the six child labour cases which were prosecuted, in three cases a fine of PKR14,000 (approximately US$86) were imposed on the violators. The Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive.

The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) on the various measures taken within the framework of SLISP to strengthen and improve the capacity of the provincial labour inspectors. According to this information, trainings were provided: to 121 labour inspectors in Punjab on effective monitoring; to 29 labour inspectors in Sindh on risk assessment and accident investigation; and to 40 labour inspectors in Sindh on occupational health and safety in the construction sector. Moreover, a labour inspection profile has been developed and will be finalized by the end of 2019. The Government also indicates that efforts are being made by the provincial governments to increase the annual budget for labour inspection services and for material resources and transport and travel allowances for labour inspectors. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Application of the Convention in practice. The Committee previously noted the Government’s indication that, with the assistance of UNICEF, the governments of Punjab, Sindh, KPK and Balochistan had initiated measures to carry out child labour surveys in their respective provinces. The Committee also noted from the report Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework that the number of children of 10–17 years of age engaged in child labour had decreased from 4.04 million in 2010–11 to 3.7 million in 2014–15, of which 2.067 million (55 per cent) were in the 10–14 years age group. The Committee urged the Government to strengthen its efforts to prevent and eliminate child labour, and to provide the results of the child labour surveys at the provincial levels once available.

The Committee notes the observations made by the PWF that in Pakistan no dedicated child labour survey has been carried out since 1996. However, all reliable evidence indicates that the incidence of child labour, though showing a decline in recent years, is still considerably high. Child labour is rampant in the agricultural sector, factories, textile, garments, carpet and industrial units, brick kilns, hotels and restaurants, auto workshops and in mines and quarries.

The Committee notes the Government’s information that the government of KPK has paid special attention to prevent and eliminate child labour from the province. An exclusive unit on child labour has been established with the Directorate of Labour. It also notes the Government’s statement that regular inspections at industrial establishments have gradually led to the complete elimination of child labour from this sector and efforts are being continued to do likewise in the commercial establishments. Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.

The Committee notes that according to the Punjab Multiple Indicator Cluster Survey (MICS) findings Report, 2017–18, 13.4 per cent of children aged between 5 and 17 years are engaged in child labour with 10.3 per cent of them involved in hazardous work. Furthermore, the MICS report of 2016–17 of the KPK indicates that over 14 per cent of children of 5–17 years are involved in child labour, of which 12.3 per cent are working in hazardous conditions. The Committee further notes that according to the UNICEF report on the Situation Analysis of Children in Pakistan, 2017, there is a high prevalence of child labour in Pakistan coupled with low rates of school participation. The persistence of child labour has multi layered roots such as poverty, lack of decent work for adults, need for strengthened social protection and the lack of a system that can ensure that all children attend school rather than engaging in economic activities. The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.

The Committee is raising other points in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.