Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Pakistán (Ratificación : 1957)

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Articles 1(1), 2(1) and 25 of the Convention. 1. Debt bondage. Difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee refers to its earlier comments in which it noted the allegations concerning the difficulties in the implementation of the BLSA made by the All Pakistan Federation of Trade Unions (APFTU), the All Pakistan Trade Union Federation (APTUF), the Pakistan Workers’ Federation (PWF) and the International Trade Union Confederation (ITUC). The workers’ organizations considered that the BLSA had not been properly applied and those who used bonded labour had been able to do it with impunity. The ITUC observed, in particular, that the vigilance committees set up under the BLSA had not performed their functions of identifying and releasing bonded labourers and had not been restructured as envisaged in the National Action Plan. The lack of adequate labour inspection machinery was another key reason why bonded labourers were not being identified and released.

The Committee further notes that, in a communication received from the Pakistan Workers’ Confederation (PWC) on 21 November 2011, the PWC observes that there is still prevalence of bonded labour and human trafficking, in particular, in rural areas, which could only be prevented through the provision of economic and social measures for the elimination of poverty and providing education and access to gainful employment to the victims, as well as by enforcement and respect of the law.

The Government indicates in its reply that the district vigilance committees are in place and functional, and their meetings are held regularly in most of the districts. However, the Committee observes that copies of minutes of the district vigilance committees’ meetings supplied by the Government date back to 2007 (Faisalabad), 2009 (Nankana Sahib, Rawalpindi and Gujrat) and July 2011 (Gujranwala), and the only document relating to a complaint cell working under the district vigilance committee (Faisalabad) dates back to 2006. The Committee therefore asks the Government to provide, in its next report, updated information concerning the functioning of the vigilance committees, including copies of monitoring/evaluation reports, and to indicate measures taken or envisaged to ensure their proper functioning and effectiveness.

Implementation of the National Policy and Plan of Action for the Abolition of Bonded Labour. The Committee notes the Government’s indications concerning measures taken within the framework of its 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. It notes, in particular, that a project entitled “Elimination of Bonded Labour in Brick Kilns” was initiated in the Province of Punjab in 2009, and a project entitled “Strengthening Law Enforcement Responses and Action against Internal Trafficking and Bonded Labour” was started in 2010 by the ILO in Sindh and Punjab Provinces. It also notes the Government’s brief indications concerning several projects aiming at providing free legal aid services to bonded labourers undertaken in various Provinces by the Bonded Labour Fund established under the BLSA rules. The Committee further notes the Government’s indication that, following the 18th Constitutional Amendment, the Provinces are drafting and adopting legislation on bonded labour in collaboration with the local office of the ILO.

While noting this information, the Committee reiterates the firm hope that the Government will redouble its efforts in order to ensure the effective implementation of the 2001 National Policy and Plan of Action and will provide detailed information on progress made and practical results achieved. The Committee asks the Government to provide, in particular, information on the implementation and the outcome of the 2009 and 2010 projects to combat bonded labour referred to above, including copies of the relevant reports and available statistics. The Committee hopes that the Government will continue to provide information on the activities of the National Committee for the Abolition of Bonded Labour and Rehabilitation of Bonded Labourers which was established to coordinate the implementation of the Plan and to review the implementation of the BLSA, as well as information on the activities of the Bonded Labour Fund established under the BLSA rules. Please also provide information on the legislative developments at the provincial level and supply copies of the legislation on bonded labour, as soon as it is adopted.

Debt bondage. Data-gathering measures to ascertain the current nature and scope of the problem. In its earlier comments, the Committee referred to a report entitled “Rapid assessment studies of bonded labour in different sectors in Pakistan” conducted at the initiative of the Ministry of Labour and the ILO under the auspices of the Bonded Labour Research Forum (BLRF), with a view to exploring the existence and nature of bonded labour in ten sectors. The report represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action.

The Committee notes that no such national survey has yet been carried out. The Government indicates, however, referring to the difficulties in the identification of bonded labourers, that it will consult the social partners to devise strategies for a survey on bonded labour through Provinces, as the subject of labour has been transferred to them following the 18th Constitutional Amendment. The Committee also notes a survey conducted in the brick kiln industry of the Provinces of Punjab and Sindh showing the numbers of brick kilns registered and workers employed as of 31 December 2011, communicated by the Government with its report.

The Committee reiterates the firm hope that the Government will soon be in a position to undertake, in accordance with the mandate of its 2001 National Policy and Plan of Action, a statistical survey on bonded labour throughout the country, using a valid methodology, in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply in its next report, information on the progress achieved in this regard.

2. Trafficking in persons. The Committee previously noted from the report of the International Organization for Migration (IOM) that Pakistan continued to be a major destination country for trafficked women, as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are subject to sexual exploitation. The report emphasized that there was an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons.

The Committee notes an Anti-Human Trafficking report for 2009 provided by the Government, which contains information on the prevention and victim protection measures, as well as on the prosecution of perpetrators. It notes, in particular, that 21,735 cases against human traffickers were registered until 31 October 2009, which resulted in 3,371 convictions.

The Committee asks the Government to provide, in its next report, updated information on the anti-trafficking measures taken by the competent agencies and organizations, including statistics on the number of trafficking cases registered under the Prevention and Control of Human Trafficking Ordinance (2002), the number of prosecutions and convictions and indicating the penalties imposed on perpetrators. The Committee reiterates its hope that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations, as well as other organizations and institutions concerned, and that it will supply information on the progress achieved in this regard.

3. Restrictions on voluntary termination of employment The Committee refers to its earlier comments, in which it noted the Government’s indication that an amendment to the Essential Services (Maintenance) Act, 1952, under which government employees who unilaterally terminate their employment without the consent of the employer are subject to a term of imprisonment, was to be considered by the tripartite commission on the consolidation, simplification and rationalization of labour laws.

While duly noting the Government’s indication in its report that the Essential Services (Maintenance) Act, 1952, is applied prudently and in rare cases, the Committee expresses the firm hope that the necessary measures will soon be taken in order to bring the federal and provincial essential services Acts into conformity with the Convention on this point and that the Government will report on the progress achieved in this regard.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes the Government’s indications concerning the number of cases of bonded labour detected after raids by the police in 2010–12. It also notes the number of the trafficking-related complaints registered under the Prevention and Control of Human Trafficking Ordinance (2002), Emigration Ordinance, Passport Act and other relevant laws, as well as the number of prosecutions and convictions registered until 31 October 2009.

The Committee asks the Government to provide updated information on the enforcement of the Prevention and Control of Human Trafficking Ordinance (2002), communicating the numbers of trafficking-related complaints registered, court proceedings initiated and convictions obtained, including copies of the relevant court decisions and indicating the penalties imposed. The Committee also requests the Government once again to supply information on the legal action taken against employers of bonded labourers under the BLSA, including copies of the court decisions and indicating the penalties imposed.