Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

Debt bondage

1. The Committee has taken note of communications dated 29 August 2001 and 18 September 2001 of the International Confederation of Free Trade Unions (ICFTU), submitting comments on the observance of the Convention, copies of which were forwarded to the Government on 18 October 2001 and 25 October 2001, respectively, for any comments it might wish to make on the matters raised therein. In its communication dated 18 September 2001, the ICFTU alleged that forced labour is prohibited by law but is widespread in practice. The ICFTU referred to an estimate of the International Programme on the Elimination of Child Labour (IPEC) of the ILO that there are several million bonded labourers in Pakistan, a large percentage of whom are children. The ICFTU indicated that trade union studies found 200,000 families in bonded labour in the brick kiln industry alone. It alleged that the Bonded Labour System (Abolition) Act (BLSA) of 1992 prohibits bonded labour, but remains ineffective at addressing the problem in practice.

2. The Committee also notes the indications by the ICFTU that debt slavery and bonded labour, of adults as well as children, remain most often reported in agriculture, construction in rural areas, the brick kilns, and in carpet making. Estimates of the total number of forced labourers vary widely, but it is not disputed that, in many parts of Pakistan, the practice of debt slavery and bonded labour is still very prevalent, and has a long history. The ICFTU alleged that, while efforts carried out by non-governmental organizations, such as the Bonded Labour Liberation Front, have succeeded in freeing thousands of bonded labourers, this is a tiny proportion of the total number of bonded labourers, and the problem remains endemic. The ICFTU alleged that due to lack of alternatives, some freed debt slaves have reportedly returned to bonded labour.

3. The Committee notes the ICFTU communication of 29 August 2001, in which a report by Anti-Slavery International indicates that recent research by the non-governmental organization PILER (Pakistan Institute for Labour Education and Research) estimated the number of sharecroppers in debt bondage in the year 2000, across the whole of the country, to be over 1.8 million people. According to the report, this estimate did not include forced labour which is demanded by the landlord of his tenants. The research estimated the upper limit of people in this form of bondage - using the broad definition of "the imposition of unpaid or nominally paid compulsory labour for the landlord on his farm or house (begar) regardless of the size of the debt"- to be 6.8 million people across Pakistan in the year 2000.

4. The report communicated by the ICFTU further indicates that PILER also carried out a survey of bonded hari settlements in Sindh Province and 1,000 individuals responded (representing more than 6,000 people). The report indicates that the respondents to the survey stated that 2,226 men, women and children were subject to restrictions on their freedom of movement and a further 608 men and women were chained. According to the report, this information clearly indicated that bonded labour affects millions of people in Pakistan and is accompanied by other extremely serious human rights violations.

5. The Committee notes the indications in the report of Anti-Slavery International that in April 2001 the Government published its revised "Draft National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers". The report indicates that this remains a draft and needs to be approved by the federal Cabinet. The Committee asks the Government to supply a copy of its draft national policy and plan of action, and that it provide information on its final approval and on the application of the policy and on implementation of the plan of action.

6. The Committee hopes that the Government will present its comments on the allegations on the matters raised in the reports communicated by the ICFTU.

Specific agreements aimed at eradicating bonded child labour

7. In its previous observation the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), particularly as to the short-term goal of withdrawing from the carpet industry some 8,000 children over a three-year period. The Committee also asked the Government to provide information on progress on implementation of the agreement it signed in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. The Committee once again expressed its concern about the Government’s inaction in collecting reliable statistics on the numbers of bonded child labourers.

8. The Committee once again requests the Government to provide information on the progress in the implementation of these agreements and on the practical results achieved, and also to provide a report containing valid statistical data on the numbers of bonded child labourers. In its report the Government indicated that an establishment-based survey would soon be carried out through the Federal Bureau of Statistics to measure the incidence of child labour in hazardous occupations. The Committee requests the Government to supply information on and results from this survey, particularly as to the incidence of bonded labour.

Trafficking in persons

9. The Committee notes the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. It alleges that some reports suggest that more than 100 women are trafficked into Pakistan from Bangladesh each day, and sold for the purposes of prostitution or other forms of forced labour. According to these allegations, women also reportedly arrive from Burma, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels in Karachi. There are estimated to be several hundred thousand such trafficked women in Pakistan, with some reports suggesting that the total number is as many as 1.2 million. The ICFTU indicates that estimates of the number of child prostitutes in Pakistan vary, but most suggest around 40,000.

10. The Committee notes the indications of the ICFTU that there are also reports of several hundred boys from Pakistan having been abducted and sent to the Persian Gulf States to work as camel jockeys. According to these allegations, child slavery and trafficking in children within Pakistan is a major problem, and kidnapping of children occurs, either for ransom, revenge against the child’s family or simply for purposes of slavery. In some rural areas, children are sold into debt bondage in exchange for money or land.

11. The Committee hopes that the Government in its next report will respond to the allegations on the matters raised in the reports communicated by the ICFTU.

Restrictions on voluntary termination of employment

12. In its previous observation the Committee noted that the Government representative informed the Conference Committee in June 1999 that an amendment of the Essential Services (Maintenance) Act, under which government employees who unilaterally terminate their employment without consent from 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. The Committee notes that in its report the Government indicated that the Commission’s final report was expected at the end of September 2000. The Committee requests the Government to supply a copy of this report. The Committee trusts that the Government will take the necessary steps to bring the federal and provincial Essential Services (Maintenance) Act into conformity with the Convention, and requests that it supply information on the progress achieved towards that aim.

13. The Committee also asks, in this regard, that the Government provide the full text of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

Article 25 of the Convention

14. The Committee notes the allegation, contained in the report of August 2001 communicated by the ICFTU, that the Bonded Labour System (Abolition) Act of 1992 has not been applied, as few officials are willing to implement it for fear of incurring the wrath of the landlords, thus allowing them to use forced labour with impunity. The Committee also notes the allegation of the ICFTU, in its communication dated 18 September 2001, that the Bonded Labour System (Abolition) Act of 1992, in spite of the adoption of rules in 1995 to ensure the Act was implemented, remains ineffective at addressing the problem in practice.

15. The Committee has previously expressed concerns relating to inspections, prosecutions, and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. In its previous observation the Committee requested the Government to supply information on measures taken to reinforce the effectiveness of vigilance committees, and also on the manner of cooperation and communication between the vigilance committees and the magistrates; and on the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. In its report the Government indicated that it was consulting with the provincial chief secretaries to obtain further information on these questions. Bearing this in mind, the Committee requests the Government to supply further information on each of these questions.

16. The Committee expressed its concern over the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. The Committee notes that information on this point has not been provided, and it therefore repeats its request that the Government provide information on this question.

17. The Committee has previously requested information on the number of inspections and of prosecutions and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. The Committee notes that the data provided by the Government in its report concern only the Sindha Province, and do not indicate under what law(s) prosecutions have occurred. The Committee requests the Government to provide information from each of the provinces and on each of the relevant laws. It asks that, in general, the Government provide information on the enforcement of laws aimed at punishing the exaction of forced or compulsory labour, and on measures it has taken to ensure that penal sanctions applied are really adequate and are strictly enforced, as required by the Convention. The Committee hopes the Government will also provide its comments in reply to the matters raised in the reports communicated by the ICFTU.