Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information provided by the Government in its report and the discussion which took place in the Conference Committee in 1991. The Committee also notes the observations made by the Pakistan National Federation of Trade Unions on the application of the Convention.

Bonded labour. 1. In previous comments the Committee referred to the alleged use of bonded labour by contractors known as "Kharkars" in the construction of dams and irrigation tunnels and noted that an ILO report referred to the employment of illegally bonded children in "Kharkar" camps working at night in irrigation tunnels in remote rural areas.

The Committee also noted that the report by the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities at its 14th Session referred to information set out in the report of the South Asian seminar on Child Servitude (1989) according to which large-scale exploitation of bonded labourers was to be found in brickmaking, carpet weaving, fish cleaning and packing, shoemaking, bidi making, auto repair, agriculture, mining, quarrying and stone-crushing industries.

The Committee noted from a further report submitted to the Working Group by the President of the Bonded Liberation Front of Pakistan (also President of the Brick Kiln Labourers Front - Bhatta Mazdoor Mahaz) that its organisation estimated that about 20 million people, among them 7.5 million children fell in the category of "bonded labourers", of which 2 million families alone were working at the brick kilns as virtual slaves; the majority of these people did not exist in the government records nor in the census (hence no right to vote) nor in the national registration (hence no identity card).The Committee had noted that during the discussion in the Working Group the observer of Pakistan, referring to the existence of bonded labour in his country, declared that the Government was fully aware of these social ills and determined to root them out.

The Committee had taken note of three decisions by the Supreme Court of Pakistan on the Constitution Case No. 1 of 1988 (in the matter of enforcement of fundamental rights regarding bonded labour in the brick kiln industry): the Order dated 18 September 1988 (which was not final) by which for the first time brick kiln labourers were considered as bonded labourers; the interim Order of 23 November 1988 and the Final Bench Order of 22 March 1989.

The Committee expressed the hope that further to the Supreme Court Orders on bonded labour in the brick kiln industry, the necessary measures would be taken to eradicate forced and bonded labour in practice as well as in law in the brick kiln industry and in other spheres of activity and that the Government would supply detailed indications on the action taken or envisaged to this end.

The Committee notes that the Government's report contains no information on any measures taken to eradicate forced and bonded labour in practice, pursuant to the Orders by the Supreme Court.

2. The Committee has taken note of the report by the Working Group on Contemporary Forms of Slavery at its 16th Session, 1991, which refers to information submitted by Anti-Slavery International which indicated that although child labour was unlawful in Pakistan, 50,000 children aged between four and 12 worked in small carpet-weaving workshops subsidised by the State, while the private sector employed some 500,000 children; in Karachi and Hyderabad, 50 per cent of those children died of overwork and illness. It also stated that the status of bonded workers had grown worse after the arrival of adult and child Afghan refugees, reportedly numbering over half a million who were prepared to work as bonded labourers. Attention was also drawn to the practice of sale and purchase of bonded labourers in agriculture in Mardam and Surabi, the victims being called "Gehna Makheelooq" (mortgaged creatures).

The Committee hopes that the Government will provide information in relation to these allegations, and on any measures taken or envisaged in this regard.

3. While noting that the Government's report contains no information on the practical application of the Convention in relation to forced and bonded labour, the Committee notes with interest the Government's information in its report for the period ending June 1991 that a Bill to provide for abolition of the bonded labour system was submitted to Parliament.

The Committee notes that under section 4(1) of the Bill, the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour; no person shall make any advance (peshgi) under or in pursuance of the bonded labour system or compel any person to render any bonded labour or other form of forced labour (section 4).

The Bill renders void and inoperative any custom or tradition or practice of 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).

The Bill 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, recognised 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).

Compulsion to render bonded labour or extracting bonded labour under the bonded labour system is punishable with imprisonment from two to five years or with a fine of 50,000 rupees or with both (sections 11 and 12).

The Committee has taken note of information according to which the Bill was enacted by the National Assembly in February 1992.

The Committee hopes that the Government will provide a copy of the Act when assented by the President as well as detailed information on steps taken or envisaged to apply the Act in practice.

4. The Committee has noted with interest Act No. V of 1991 to prohibit the employment of children in certain occupations and to regulate the conditions of work of children to which the Government representative referred in his statement to the Conference Committee in 1991.

Restrictions on termination of employment. 5. The Pakistan Essential Services (Maintenance) Act, 1952, and the West Pakistan Essential Services (Maintenance) Act, 1958, have been the subject of comments by the Committee and of discussions at the Conference Committee for a considerable number of years. Under sections 2, 3(1)(b) and explanation 2 and section 7(1) of the Pakistan Essential Services (Maintenance) Act, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice. Pursuant to section 3 of the same Act, these provisions may be extended to other classes of employment. Similar provisions are contained in the West Pakistan Act as regards persons in employment under the West Pakistan Government or any agency set up by it or a local authority or any service relating to transport or civil defence.

The Committee noted the Government's indication in its report for the period ending June 1989, as well as to the Conference Committee in 1989 and 1990, that the Government had decided to meet the requirements of the Convention by amending the Pakistan Essential Services (Maintenance) Act, 1952, so that an employee of an establishment covered under the Act may terminate his employment in accordance with the express or implied terms of the contract of employment and that the proposed amendment was to be submitted to the National Assembly.

The Committee had noted the Government's indication to the Conference Committee in 1991 and in its report that the Act was being so amended.

The Committee firmly hopes that the necessary measures will soon be adopted to bring the Pakistan Essential Services (Maintenance) Act, 1952, as well as the West Pakistan Essential Services (Maintenance) Act, 1958, into conformity with the Convention, and that the Government will indicate the action taken.

[The Government is requested to provide full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]