Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C138

Observation

Direct Request

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The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. It notes with interest that this technical assistance resulted in the development of action plans, by each of the provincial governments, to concretely address the comments of the Committee, including the adoption of legislation establishing a minimum age and prohibiting the employment of children under 18 in hazardous work. In this regard, the Committee notes the indication contained in the mission report of the tripartite interprovincial workshop carried out in May 2013 within the framework of the SPA project (SPA mission report), according to which each province planned to adopt the draft Prohibition of Employment of Children Act by the end of December 2013.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted that by virtue of sections 2 and 3 of the Employment of Children Act 1991, children below 14 years are only prohibited from being employed in the six occupations and 14 processes enumerated in Part I and Part II of the Schedule of the Employment of Children Act. However, the Committee noted that a draft Employment and Service Conditions Act 2009 had been elaborated, which would prohibit the employment of children under 14.

The Committee notes the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters has been transferred to the provinces. The Government indicates that, within the framework of the Combating Abusive Child Labour II project, an interprovincial tripartite workshop on legislative reforms related to child labour was organized in February 2012, and that the participants (including representatives from the four provincial governments as well as the social partners) agreed that new legislation should completely prohibit the employment of children under 14 years of age. In this regard, the Committee notes with interest that the four provinces have, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of children below the age of 14 years, and that these drafts will soon be introduced to the provincial legislative assemblies. Recalling that, at the time of ratification in 2006, Pakistan specified 14 years as the applicable minimum age, the Committee urges the Government to take the necessary measures to ensure that the Prohibition of Employment of Children Act is adopted in the four provinces to prohibit the employment of children under 14 years of age. It also requests the Government to provide a copy of the relevant legislation, once adopted.

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. In this regard, 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.

The Committee notes with interest that the draft Prohibition of Employment of Children Act of the provinces, submitted with the Government’s report, prohibits the employment of persons under 18 years in hazardous types of work. The Committee also notes the information from ILO–IPEC of October 2012 that, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour would begin. In this regard, the Committee notes the information from the SPA mission report that the action plans of some of the provinces included undertaking, in 2013, tripartite consultations with a view to revising the hazardous work list. The Committee urges the Government to take the necessary measures to ensure that, in conformity with Article 3(1) of the Convention, this draft Act prohibiting the employment of persons under 18 in hazardous types of work, is adopted in each of the four provinces in the near future. It also requests the Government to take the necessary measures, after consultation with the organizations of employers and workers concerned, to determine the types of hazardous employment or work prohibited to young persons under 18, in conformity with Article 3(2) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. In this regard, it once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to indicate the minimum age applicable for admission to apprenticeships.

Article 7. Light work. The Committee previously noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a minimum age for this permitted work.

The Committee notes that the Government does not indicate whether the draft Prohibition of Employment of Children Act contains provisions permitting and regulating light work for children between the ages of 12 and 14. Moreover, the Committee observes that a large number of children under the age of 14 (approximately 3 million children) are economically active. In this regard, the Committee recalls 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 encourages the Government to consider, within the framework of the draft Prohibition of Employment of Children Act, taking measures to permit and regulate light work to ensure that children under 14 who are, in practice, engaged in economic activity, benefit from the protection of the Convention.

Article 9(1) and Part III of the report form. Penalties and the labour inspectorate. The Committee previously noted indications that enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, in addition to corruption, and that the penalties imposed were often too minor to act as a deterrent. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 15 October 2009, expressed concern that the ineffectiveness of labour inspection machinery reduces the likelihood of investigations into reports of child labour, and hinders the prosecution, conviction or punishment of those responsible (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that building the capacity of labour inspectors is a priority area for the Government, to improve the implementation of labour laws. The provincial labour departments each have training centres for inspectors, and provide training on child labour. Moreover, measures have been taken within the Combating Abusive Child Labour II project towards the establishment of a Child Labour Monitoring System in Sukkur. The Committee also notes that, according to the SPA mission report, the tripartite participants of the workshop indicated that they experienced difficulties in enforcing the legislative provisions relating to child labour, due to, among others, a lack of capacity among labour inspectors, and that there was a need for the more effective application of penalties for child labour related violations. The Committee 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 penalties are applied in practice. It also requests the Government to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, the number of persons prosecuted, and the penalties imposed. Lastly, it requests the Government to continue providing information on the measures taken to adapt and strengthen the labour inspectorate.

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, 3.3 million children aged between 5 and 14 years were economically active on a full-time basis. The Committee also noted that the CRC, in its concluding observations of 15 October 2009, expressed concern that the prevalence of child labour is extremely high and has increased in recent years due to growing poverty (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that the second National Child Labour Survey is planned under the Combating Abusive Child Labour II project, in consultation with the Federal Bureau of Statistics. However, the Committee notes the information from ILO–IPEC of September 2012 that the survey was subsequently cancelled. The Committee expresses its concern at the high number of working children under the minimum age in Pakistan and urges the Government to strengthen its efforts to improve this situation, including through continued cooperation with ILO–IPEC. It requests the Government to provide information on the results achieved, in its next report. It also encourages the Government to take the necessary measures to ensure that statistical information is made available on the application of the Convention, including the number of working children under the minimum age.

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