Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee has noted the Government’s report. It has also noted two communications received in September and November 2002 from the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions (APFTU) respectively, which contain observations concerning the application of the Convention by Pakistan. The Committee has noted that these communications were sent to the Government in October and December 2002 for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Debt bondage

2. In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. It referred to the allegations contained in the earlier communications by the ICFTU received in 2001, according to which bonded labour, though prohibited by law, 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 Committee also noted 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, 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 expressed the view that the BLSA prohibits bonded labour, but remains ineffective at addressing the problem in practice. This view has been confirmed in the latest communication by the ICFTU received in 2002 and has also been shared by the APFTU in its communication of 2002 referred to above.

3. The Committee has noted a reference contained in the ICFTU communications of 2001 and 2002 to research by the Pakistan Institute for Labour Education and Research (PILER), a non-governmental organization, which 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. 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. The ICFTU alleges that the role of identifying and attempting to release bonded labourers has not been fulfilled either by vigilance committees or district magistrates, even though these are the institutions required by law to perform such a role.

4. The Committee has noted from the Government’s report that the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers was approved by the Federal Cabinet in September 2001, and asks the Government to supply a copy, as well as information on its application in practice. The Committee has also noted the Government’s brief indications concerning routine inspections conducted by the Directorate of Labour, assisted by tripartite advisory committees, to ascertain the factual position of child/bonded labour, as well as information on the composition and functions of district vigilance committees which have been constituted to monitor the working under the above National Policy and Plan of Action. Referring to the allegations by the ICFTU that vigilance committees, though nominally established in the mid-1990s, but actually non-existent, the Committee hopes that the Government will provide clarification of this issue and describe measures taken or envisaged to ensure that vigilance committees are functioning effectively.

5. While noting the Government’s statement in the report that the BLSA is difficult to implement because of the identification of bonded labourers, the Committee points out that accurate data are a vital step in both the development of the most effective systems to combat bonded labour and providing a true base for the assessment of effectiveness of those systems. The Committee therefore hopes that the Government will undertake 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 will supply information on the progress achieved in this connection. Noting also the Government’s view expressed in the report that there are in-built deficiencies in labour laws to deal with labour engaged in the agriculture sector, the Committee hopes that the Government will supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

Specific agreements aimed at eradicating bonded child labour

6. In its earlier comments, 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), and the agreement signed by the Government in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. The Committee expressed its concern about the Government’s inaction in collecting reliable statistics on the numbers of bonded child labourers.

7. While noting the Government’s brief indications in the report concerning measures taken under the Employment of Children Act, such as the number of inspections made, the number of prosecutions, cases decided and fines imposed, the Committee again requests the Government to provide information on the progress in the implementation of the above agreements and on the practical results achieved, and also to provide a comprehensive report containing valid statistical data on the numbers of bonded child labourers. In its report received in 2000 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 hopes that the Government will supply information on and results from this survey, particularly as to the incidence of bonded labour.

Trafficking in persons

8. The Committee previously noted the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. The ICFTU alleged that, according to some reports, more than 100 women were 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 Myanmar, 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 also indicated that estimates of the number of child prostitutes in Pakistan vary, but most suggest around 40,000.

9. The Committee also noted the indications of the ICFTU that there were 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.

10. The Committee requests the Government to respond to the allegations made in the communications by the ICFTU in its next report.

Restrictions on voluntary termination of employment

11. In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which 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 Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee again requests the Government to supply a copy of this report and expresses firm hope that the Government will take the necessary steps to bring the federal and provincial Essential Services (Maintenance) Acts into conformity with the Convention and will report the progress achieved in this regard.

12. The Committee also repeats its request for copies of the full texts 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

13. The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act of 1992 had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing them to use forced labour with impunity. The Committee 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. While noting the data provided by the Government in its report concerning the Employment of Children Act, the Committee again requests the Government to provide information from each of the provinces and on each of the relevant laws. It also hopes that, more generally, the Government will provide information on the enforcement of laws aimed at punishing the exaction of forced or compulsory labour (such as section 374 of the Penal Code), and on measures it has taken to ensure that penal sanctions applied are really adequate and are strictly enforced, as required by the Convention.