Observación (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes the information provided by the Government in its report. It also notes the observations made by the All Pakistan Federation of Trade Unions on the application of the Convention.

Bonded labour

1. The Committee notes with satisfaction that on 11 March 1992 the Bonded Labour System (Abolition) Act, No. III of 1992 was promulgated. Under the Act the bonded labour system is abolished, every bonded labourer stands freed and discharged from any obligation to render any bonded labour. No person shall make an advance (peshgi) under, or in pursuance of, the bonded labour system or compel any person to render any bonded or other form of forced labour (section 4). The Act declares void and inoperative any custom or tradition or practice or any contract, agreement or other instrument, whether entered into or executed before or after the commencement of the Act, by virtue of which any person, or any member of his family, is required to do any work or render any service as a bonded labourer (section 5). Every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before commencement of the Act, shall stand extinguished. No suit or other proceeding shall lie in any civil court, tribunal or before any other authority for the recovery of any bonded debt or any part thereof (section 6). Provincial governments may entrust district magistrates with powers and duties to ensure the application of the Act. District magistrates shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of the bonded labourer so that he may not have any occasion or reason to contract any further bonded debt (sections 9 and 10).

The Act provides that compulsion to render bonded labour or extracting bonded labour under the bonded labour system will be punishable with imprisonment from two to five years or with a fine of 50,000 rupees, or both (sections 11 and 12).

The Act provides for special enforcement measures, including the setting up of vigilance committees at district level consisting of elected representatives of the area, representatives of the district administration, bar associations, press, recognized social services and labour departments of federal and provincial governments. Their functions consist in advising the district administration on matters relating to the effective implementation of the law and in a proper manner, help in the rehabilitation of the freed bonded labourers, keep an eye on the working of the law and provide the bonded labourers assistance necessary to achieve the objectives of the law (section 15).

The Committee notes the comments by the All Pakistan Federation of Trade Unions that measures are required to implement the Act in its letter and spirit with a view to eliminating the exploitation of labour, by establishing vigilance committees at district level to monitor abuses of forced labour and by punishing those who violate the law. More resources should be allocated for education and training to the workers and their children who are subjected to forced labour.

The Committee requests the Government to provide detailed information on measures taken or envisaged to apply the Act in practice. The Committee hopes that the Government will in particular provide information on the following: the number of bonded labourers freed since the promulgation of the Act; indictments against bonded labour-keepers and sanctions applied; any measures taken by district magistrates to promote the welfare of the freed bonded labourers; the number of vigilance committees established, their composition and the work accomplished by these committees.

2. The Committee notes that an Asian Regional Seminar on Children in Bondage was held in Islamabad, Pakistan, from 23 to 26 November 1992, organized by the ILO in collaboration with the Government of Pakistan and the UN Centre for Human Rights. It was attended by participants from Bangladesh, India, Nepal, Pakistan, Sri Lanka and Thailand and included judges, lawyers, labour officials, members of employers' and workers' organizations, and officials of national and regional non-governmental organizations concerned with bonded labour. The participants formulated and adopted a Programme of Action against Child Bondage.

The programme refers to millions of children in bondage found in several countries of the region. These children are often victims of social malpractices which affect larger groups or segments of the population, especially their parents. They work in a variety of sectors and industries, especially in agriculture, carpet weaving, brick kiln, stone quarrying and construction. Sometimes they are forced to work alone separated from their families: they may work "unseen" in domestic service; they may be "recruited" for work in plantations; be kidnapped from their families; be forcibly confined in sweatshops and brothels; be exported as prostitutes or as camel riders; be deliberately maimed and forced into beggary or similar rackets run by criminal gangs. Bonded children are the most lonely, vulnerable, tragic workers of the world.

According to the programme the struggle against child bondage requires a firm political commitment - a clear and unambiguous declaration against bondage - a comprehensive national policy and programme of action covering legislative reforms, effective enforcement and a system of compulsory and free education, sustained by community mobilization and information campaigns.

The Committee requests the Government to provide detailed information on measures taken or envisaged to abolish bonded child labour and for the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, in relation to bonded children.

Restrictions on termination of employment. 3. The Committee has been commenting for a considerable number of years on the provisions of the Pakistan Essential Services (Maintenance) Act, 1952 rendering punishable with imprisonment of up to one year a person in employment of whatever nature under the central Government, who terminates his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination with notice. These provisions may be extended to other classes of employment (sections 2, 3(1)(b) and explanation 2, section 7(1); section 3). Similar provisions are contained in the West Pakistan Essential Services (Maintenance) Act, 1958.

Government has previously indicated its intention to amend the provisions of the Pakistan Essential Services (Maintenance) Act so that an employee may terminate his employment in accordance with the express or implied terms of his contract. The Committee notes that, in its latest report, the Government renews its intention to modify the provisions in question. Noting also the comments by the All Pakistan Federation of Trade Unions that the assurances by the Government to bring the above-mentioned provisions of the Pakistan Essential Services (Maintenance) Act, 1952 and the West Pakistan Essential Services (Maintenance) Act, 1958 into conformity with the Convention have still to be fulfilled, the Committee expresses the firm hope that the necessary measures to this effect will soon be adopted.