Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the information provided by the Government in a report of June 1993, covering the period from 1 July 1991 to 30 June 1992.

The Committee notes that no report was received for the reporting period ending June 1993, nor an answer to the Committee's most recent comments of March 1993.

The Committee has noted the observations on the application of the Convention made by the Pakistan National Federation of Trade Unions, the All Pakistan Federation of Trade Unions and the All Pakistan Federation of United Trade Unions, in communications dated respectively 5 October, 11 October and 31 December 1993, which were transmitted for comments to the Government on 15 October 1993, 1 November 1993 and 21 January 1994 respectively. The Committee notes that the Government has not yet replied to these observations.

The Committee further notes that in an address to the United Nations Commission on Human Rights on 1 February 1994 the Prime Minister stated that her Government's first aim was to provide a life of dignity to the people; the Government sought to ensure the rights of women and their full participation in society; provide full protection to the children; safeguard the basic rights of minorities.

1. Bonded labour

In its previous comments, the Committee noted that on 11 March 1992 the Bonded Labour System (Abolition) Act, No. III of 1992 was promulgated under which the bonded labour system was abolished; every bonded labourer stands freed and discharged from any obligation to render any bonded labour. The Committee noted inter alia that the Act provides that 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). 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 Committee also noted that compulsion to render bonded labour or extracting bonded labour under the bonded labour system would be punishable with imprisonment from two to five years or with a fine of 50,000 rupees, or both (sections 11 and 12).

The Committee requested the Government to provide detailed information on measures taken or envisaged to apply the Act in practice.

The Committee notes the Government's indications in its report of June 1993 concerning the estimated number of bonded labourers in regard to the Committee's earlier (1992) observation which referred to allegations brought before the United Nations that 20 million persons worked as bonded labourers, 7 million of which were children. The Government considers these figures as unrealistic. The Government indicates that according to the Federal Bureau of Statistics and the Ministry of Finance, the total labour force is 33.82 million; employed persons number 32.76 million of which 16.76 are agricultural workers and 11.99 industrial labour. The Government adds that if the above-mentioned figures were taken for granted then about 60 per cent of the employed force would work in bondage, or, if these figures were added to the number of employed persons, then the total labour force would be 53 million i.e. about 45 per cent of the total population. In relation to children, the Government states that the figure may not even be that of the total working children.

The Committee notes that in its observations the All Pakistan Federation of Trade Unions also considers that the figures quoted in the allegations are not reflecting reality and that there are some incidents of bonded labour in less developed areas where low paid workers live under the yoke of feudalism which is a legacy of colonial heritage of the country. The Federation adds that modern media and improved communication between various parts of the country and regular elections create wide awareness for the socio-economic uplift of the low income group and for the abolition of all forms of bonded labour and child labour. However, the mere promulgation of the Act abolishing bonded labour will not solve the massive problems of the workers and the suffering of the children unless financial allocations are made for the social development of these segments of the society and vocational education and training facilities are improved. The Federation also stresses the need for the establishment of tripartite committees.

The Committee also notes the observations by the Pakistan National Federation of Trade Unions pointing to the necessity for the Government to take action for the strict enforcement of the Bonded Labour System (Abolition) Act, 1992.

The Committee further notes the observations by the All Pakistan Federation of United Trade Unions which refers to the movement launched in collaboration with the Brick Kiln Labour Unions against forced labour exacted from men, women and children in the brick kiln industry. The Federation alleges that the practice of advance payment continues in the brick kilns despite its prohibition by the 1992 Bonded Labour System (Abolition) Act. It also refers to section 15 of the Act concerning the setting-up of vigilance committees and their composition consisting of "elected representatives of the area, representatives of the district administration, Bar association, Press, recognized social services and labour departments of the federal and provincial Governments." The Federation expresses concern that social and political circles which, it alleges, have a strong hold over the administrative machinery, will resist the elimination of the bonded labour system. The Federation therefore demands that Trade unions be represented in the vigilance committees.

The Committee notes the Federation's allegations that the system of Jammada/jammadarni (supervisory system, middleman between labour and employers) in the brick kilns, which is to stand abolished by virtue of the 1992 Act, continues. The Federation also alleges that the brick kiln labourers receive payments which are under the prescribed minimum wages; the Committee refers in this respect to its observation on the application of the Labour Inspection Convention (No. 81).

The Committee has also noted that the Pakistan Human Rights Commission has recommended in January 1994 to strictly enforce the law abolishing bonded labour, both in industry and agriculture.

Noting that more than two years have elapsed since the promulgation of the Bonded Labour System (Abolition) Act, in March 1992, the Committee expresses the firm hope that the necessary measures will be taken for the effective liberation of all bonded labourers. The Government is again requested to provide detailed information on measures taken to enforce the Bonded Labour System (Abolition) Act, and in particular on the following: the number of bonded labourers freed since the promulgation of the Act; the number of indictments and convictions of bonded labour keepers, and the sanctions applied; the 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. The Committee recalls in this connection that the functions of the vigilance committees are to advise the district administration on matters relating to the effective implementation of the law; help in the rehabilitation of the freed bonded labourers; keep an eye on the working of the law; provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law.

The Committee requests the Government to provide full information in reply to the allegations of the Pakistan Federation of United Trade Unions.

2. Children in bondage

In its previous comments the Committee had noted that the participants in the Asian Regional Seminar on Children in Bondage, held in Pakistan from 23 to 26 November 1992, formulated and adopted a Programme of Action against Child Bondage. According to the programme the struggle against child bondage requires a firm political commitment, 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 requested 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.

The Committee notes that the Pakistan National Programme of Action for the goals for children and development in the 1990s (NPA) states that "efforts will be made to significantly reduce child labour" ... which "in its different forms endangers the children's health and lessens their chances of receiving basic education and enjoying recreation which are vitally important for their growth and development. It also contributes to unemployment and lower wages among adults, which perpetuates poverty and child labour ... It is estimated that about 8 to 10 million children are working. They are generally engaged in agriculture, brick-making, carpet-weaving, assisting subcontractors of large industries, small, often hazardous, unregistered enterprises, domestic service, garbage collection and work for the informal sector and exploitative 'underworld'... There is an urgent need to initiate comprehensive programmes to retrieve children from early labour/work." The NPA "aims to virtually eliminate kidnapping and forced labour".

The Committee has also taken note of information contained in a report prepared jointly by the Government and UNICEF (Situation analysis of children and women in Pakistan) which notes that "in the urban sector a great majority of children work in the informal sector, in small-scale non-registered enterprises. At least a quarter of urban working children are under ten years old, more than half work 11 hours a day or more and almost nine of ten work more than eight hours".

The report draws attention to the work of children as domestic servants, many of whom are girls, stating that "such children are thought to be highly vulnerable to exploitation and abuse, including sexual abuse". The report also states that "there may be several thousand kidnapped children in forced labour, mainly at construction sites; tens of thousands of children work with their families in brick kilns ...".

Children are required to work beyond their physical capacity, in occupations endangering their health, their safety, their physical and psychological development, during long working hours which interfere with their education, recreation and rest, mostly for less than meagre wages not commensurate with the quantum of work done. Children work in conditions of exploitation which bear no resemblance to a free employment relationship. They are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

Referring to Article 25 of the Convention the Committee expresses the firm hope that the Government will ensure that penalties imposed by law for the illegal exaction of forced or compulsory labour are really adequate and are strictly enforced and that the Government will supply full details on the measures taken to ascertain that the Convention is applied in practice. In this connection the Committee again requests the Government to provide detailed information on the measures taken or envisaged for the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, as concerns children.

3. Restrictions on termination of employment

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.

The 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 term of his contract.

The Committee notes that in its report the Government refers to Article 2, paragraph 2(a), of the Convention and states that military service is excluded from the scope of the Convention and that there is no need to amend the above-mentioned Acts.

The Committee notes that the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and of the West Pakistan Essential Services (Maintenance) Act, 1958, apply to persons in employment of whatever nature under the Central Government and are not limited in scope to "military service". Moreover, as regards military service it should be recalled that the provisions of the Convention relating to compulsory military service do not apply to career servicemen. As the Committee has pointed out in paragraphs 33 and 67 to 73 of its 1979 General Survey on forced or compulsory labour, the fact that compulsory military service is not covered by the Convention cannot be invoked to justify denying career servicemen the right to leave the service either at specified intervals or by giving notice of reasonable length.

The Committee notes the observations by the Pakistan National Federation of Trade Unions according to which there is a consistent and strong demand from workers' organizations of the country for the repeal of these laws. The Federation notes that these laws are imposed in normal times in a perpetual manner for indefinite periods, to the disadvantage of the concerned employed persons. The Federation indicates that these laws should only be applicable in the event of an emergency, like war, civil commotion, peril at sea, earthquake, for a period of six months, with possible extension depending on the gravity of the event.

The Committee also notes that in its observations the All Pakistan Federation of Trade Unions urges the Government to repeal these Acts; the workers should have the freedom to resign.

The Committee requests the Government to provide information in response to the observations by the Workers' organizations as well as on measures taken to bring the Pakistan Essential Services (Maintenance) Act, 1952, and the West Pakistan Essential Services (Maintenance) Act, 1958 into conformity with the Convention. The Committee expresses the firm hope that the necessary measures to this effect will soon be adopted.

[The Government is asked to report in detail for the period ending 30 June 1994.]