Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2001. It requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that forced labour is prohibited by virtue of article 11(2) of the Constitution and section 374 of the Penal Code. It is also prohibited to import, export, remove, buy, sell or otherwise dispose of a person as a slave (section 370 of the Penal Code). Section 3(ii) of the Ordinance of 2002 to prevent and control human trafficking states that it is prohibited to provide, obtain or employ the labour or services of a person by coercion, scheme, plan or method intended to make that person believe that, in the event of non-performance of that labour or service, that person or any other person may suffer from serious harm or physical restraint.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, paragraphs 54 and 359), the National Service Ordinance of 1970 prescribes a minimum age of 18 for compulsory enlistment in the armed forces. The Government adds that children aged 16 and above may begin training prior to regular service if they are willing to. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 62, 64(c), 67 and 68) expressed its concern that, in spite of legislation prohibiting the involvement of children in hostilities, there are reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. The Committee on the Rights of the Child also expressed its concern about "madrasas" (Islamic schools) being involved in recruiting children under 18 years of age, including forcibly, to participate in armed conflicts. The Committee recalls that under Article 3(a) of the Convention, the compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and consequently is prohibited. It also draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age are not compelled to participate in armed conflicts. It also asks the Government to supply a copy of the National Service Ordinance of 1970 and any other relevant legislation regarding the recruitment of children for their use in armed conflicts.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that, according to section 372 of the Penal Code, whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years for the purpose of prostitution or for any unlawful and immoral purpose commits an offence. It is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for prostitution or for other immoral purposes (section 373 of the Penal Code). The Committee also observes that, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for purposes of sale, distribution or circulation, make or produce obscene books, drawing, representation or any other object. Section 294 of the Penal Code states that it is prohibited to perform any obscene act in a public place. The Committee notes that "obscene" means "offensive to chastity or modesty, expressing or representing to the mind or view something that delicacy and decency forbid to be expressed" (interpretation given under section 292 of the Penal Code). The Committee requests the Government to define the term "unlawful or immoral purpose".

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of sections 4, 6, 7 and 8 of the Control of Narcotic Substances Ordinance of 1995, the cultivation, possession, importation, exportation or trafficking of narcotic drugs and psychotropic substances is prohibited. Section 14 of the aforementioned Ordinance states that no one shall, within or outside Pakistan, participate in, aid, abet, facilitate, incite, induce or counsel, the commission of an offence punishable under this Ordinance.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that article 11(3) of the Constitution states that "no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment". It also notes that section 51 of the Factories Act of 1934 (as amended by sections 15 and 19 of the Employment of Children Act) provides that no child or adolescent under 18 years of age shall be allowed to work in any factory unless the child had obtained a certificate of fitness from a certified medical practitioner. The adolescent aged 14 to 18 years who has obtained the certificate of fitness is then considered as an adult for the purposes of the Factory Act and is deemed fit for a full day’s work in a factory (sections 52(2)(b) and 53 of the Factories Act).

The Committee also notes that sections 2 and 3 of the Employment of Children Act of 1991 provide that children under 14 years of age shall not be employed in the occupations listed in Parts I and II of the Schedule of the Employment of Children Act. Parts I and II of the Schedule provide for a detailed list of the types of work that children under 14 years of age shall not perform. Section 12 of the Employment of Children Rules of 1995 also provides for types of work that shall not be performed by children under 14. It also observes that night work between 7 p.m. and 8 a.m. is prohibited for children under 14 years of age under section 7 of the Employment of Children Act of 1991. It also observes that, according to section 3 of the Road Transport Workers Ordinance of 1961, the minimum age for admission to road service transport is 18 for a driver and 21 for other occupations. The Committee further notes the Government’s indication that the Ministry of Labour, Manpower and Overseas Pakistanis is currently working on the consolidation and rationalization of labour laws which will include amending the definition of a child so as to bring its legislation into line with the Convention. It adds that the process requires the approval of Parliament, which will take time. The Committee also notes that, according to section 26 of the Mines Act of 1923, read in conjunction with section 15 of the Employment of Children Act, young persons under 17 shall not be employed in mines unless the young person has a certificate of fitness delivered by a medical practitioner. The Committee recalls that, under Article 3(d) of the Convention, children under 18 shall not perform work, which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly hopes that the legislation will soon be amended to raise the minimum age for admission to hazardous work at 18. It also asks the Government to take the necessary measures to ensure that the list of the types of hazardous work, in particular those provided in Schedule I and II, applies to children under 18 years of age.

West Pakistan. The Committee notes that, in pursuance of section 33Q(4) of the Factories Act, the Governor of West Pakistan adopted, in 1963, eight detailed rules that prohibit the employment of persons under 18 in specific hazardous activities involving the manufacturing, manipulation or contact with lead, chemicals (including carbonates, chromates, chlorates, oxides, sodium, zinc, magnesium, ammonia, sulphurous, sulphuric, boric, phosphoric, cynogen compounds as well as explosives), rubber, chromium, cellulose solution spraying, sand blasting, sodium and potassium-bichromates, petrol, gas-generating plant. The Committee encourages the Government to take the necessary measures to extend the abovementioned rules nationwide.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, by virtue of section 17 of the Employment of Children Act of 1991, the Government may appoint inspectors to implement the Act. These inspectors are public servants within the meaning of the Pakistan Penal Code. The Committee requests the Government to provide information on the activities of inspectors implementing the Employment of Children Act, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the mechanisms designed to monitor the implementation of the penal provisions giving effect to the Convention.

2. Monitoring of projects on the elimination of the worst forms of child labour. The Committee observes that ILO/IPEC, under the 1997 project to prevent and eliminate child labour in the production of soccer balls in Sialkot, has set up an external monitoring system to ensure the elimination of child labour in the stitching centres of participating manufacturers. According to ILO/IPEC, the project has since been completed but the monitoring system remains in place. Other manufacturers such as the Pakistan Carpet Manufacturers’ and Exporters’ Association and the Surgical Instruments Manufacturers’ Association of Pakistan have adopted similar approaches to address child labour in their respective sectors. The Committee accordingly asks the Government to provide information on the concrete measures taken by the monitoring systems and the results achieved with regard to the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding (MOU). The Committee notes that the Government signed an MOU in June 1994 with ILO/IPEC, which was extended three times until December 2004. About 50 action programmes were initiated under the MOU between 1994 and 2001. The major projects targeted the soccer ball industry (Sialkot), the carpet manufacturing industry (Gujranwala, Lahore), street children (Peshawar), and the surgical instruments industries (Sialkot). These were implemented in collaboration with the Government, organizations of workers and employers, and other relevant organizations. A number of short-term programmes, including awareness-raising workshops with a wide range of stakeholders, recreational events, awareness-raising films, and educational material, were launched to complement the interventions being made through the action programmes. The Committee notes that approximately 25,000 children have directly benefited from the ILO/IPEC action programmes (6,000-7,000 children in the soccer ball industry, 8,000-10,000 in carpet weaving, 720 children in the auto repair shops or working in the street, 500 children in the surgical industry, and 1,080 children working in other types of hazardous work). The Committee encourages the Government to pursue its efforts to eliminate the worst forms of child labour and asks the Government to provide information on any new programmes taken to this end.

2. National Policy and Plan of Action to Combat Child Labour. The Committee notes the ICFTU’s indication that no funds have yet been allocated for the National Policy and Plan of Action to Combat Child Labour which was launched by the Government in May 2000 to eliminate the worst forms of child labour. It adds that child labour is widespread. The Committee also notes the Government’s indication that the Plan of Action aims at: (i) progressively eliminating child labour in all economic sectors; (ii) the immediate withdrawal of children from the worst forms of child labour; (iii) preventing the engagement of under-aged children in the worst forms of child labour through universalization of primary education and family empowerment; and (iv) the rehabilitation of working children through non-formal education and pre-vocational training. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 69) expressed its concerned about the prevalence of child labour which is still extremely high and that the phenomenon is widely accepted in society. The Committee accordingly requests the Government to indicate whether the necessary funds were allocated to the National Policy and Plan of Action to Combat Child Labour and to provide information on the concrete measures taken under this Plan to eliminate the worst forms of child labour as well as on the results achieved.

3. Commercial sexual exploitation of children. The Committee notes that, according to the ILO/IPEC Technical Progress Report on the project entitled "Elimination of child labour in the soccer ball industry in Sialkot, Pakistan" (September 2004) the National Commission on Child Welfare and Development (NCCWD), under the Ministry of Women Development, Social Welfare and Special Education, prepared, in July 2004, a report on the commercial sexual exploitation of children which, after examination by the Government, should result in the launching of programmes of action to combat this phenomenon. The Committee asks the Government to supply a copy of the report drafted by the NCCWD and to provide information on the measures taken or envisaged in light of the report to eliminate the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes the ICFTU’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that, when they are prosecuted, the fines imposed are usually insignificant. It nevertheless notes that sections 372 and 373 of the Penal Code provide for sufficiently effective and dissuasive penalties for the use, procuring or offering of a child under 18 for prostitution or for any unlawful and immoral purpose. Section 15 of the Control of Narcotic Substances Ordinance, 1995, also provides for effective penalties for the use, procuring or offering of a person for the production and trafficking of drugs. Sections 14 and 15 of the Employment of Children Act provide that a person who employs a child in breach of the provisions of this Act, of the Mines Act of 1923, or of the Factories Act of 1934, is liable to one year of imprisonment or a maximum fine of 20,000 rupees or both. The Committee further notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 74-75) expressed its concerned at the absence of measures to prosecute the perpetrators of child sexual exploitation. The Committee accordingly requests the Government to take the necessary measures to ensure that a person who violates the legal provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Time-bound measures. The Committee notes that ILO/IPEC launched in 2003 a four-year Project to Support the National Time-Bound Programme (TBP) on the Elimination of the Worst Forms of Child Labour. In order to assist the Government in concretizing its national TBP, ILO/IPEC initiated in 2002 the preparatory phase of the TBP. ILO/IPEC identified, after consultation with the Government, organizations of workers and employers, civil society organizations and academicians, 29 hazardous occupations for children. Of these occupations and processes, six sectors were identified jointly with the Ministry of Labour to be addressed on a priority basis, i.e. glass bangle making, surgical instruments manufacturing, tanneries, coalmining, scavenging, and deep-sea fishing and seafood processing and ship breaking. Subsequently baseline survey and rapid assessments were conducted in these six sectors in order to take appropriate action. The objectives of the project support are to: (i) enhance the national knowledge base on child labour for use by policy-makers, researchers and planners; (ii) improve policy and the legislative framework; (iii) ensure that the educational and training needs of children engaged in the worst forms of child labour are addressed and the necessary resources allocated by the district governments; (iv) ensure the monitoring of the incidence of the worst forms of child labour and the launching of relevant programmes; and (v) provide credit facilities to children engaged in the worst forms of labour and their families. The Committee asks the Government to provide information on the concrete measures taken under the TBP and their impact on eliminating the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Free and compulsory education. The Committee notes the Government’s indication that the federal and provincial governments have enacted laws on free and compulsory primary education. It also notes that, according to the ILO/IPEC Technical Progress Report on Combating Child Labour in the Carpet Industry of October 2004, legislation has been enacted to introduce free and compulsory primary education in four provinces of the country (i.e. in 1995 in the Punjab and the North-Western Frontier Province of Pakistan, in 2001 in Sindh and in 2004 in Balochistan). The Committee further observes that Ordinance No. XIV on compulsory education in the Islamabad Capital Territory of 2002 provides that parents shall cause their children to attend primary education (section 3). The Committee asks the Government to supply a copy of the compulsory education legislation applicable in Punjab, Sindh and Balochistan and the North-Western Frontier Province of Pakistan.

2. Ensure access to education. The Committee notes the ICFTU’s indication that the attendance rates in primary education are very low. The ICFTU states that while government statistics indicate that the school attendance rate is about 70 per cent, independent surveys undertaken in the Karachi area suggest that about 25 per cent of school-age children attend primary education. The Government itself reckons that the education system lacks infrastructure and facilities and suffers from a severe shortage of qualified and trained teachers (Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead", December 2003, page 67). The Committee also notes that, according to Government’s indication and the ILO document entitled "Child labour and responses: Overview note - Pakistan" (page 4), the Ministry of Education launched, in 2003, a National Plan of Action on Education for All. The Plan’s objectives are to achieve universal primary education and to eliminate gender disparities in primary and secondary education by 2005. The Committee asks the Government to provide information on the impact of the National Plan of Action on Education for All on preventing the engagement of children in the worst forms of child labour.

3. Awareness raising. The Committee notes that, in July 2003, ILO/IPEC, together with the Ministry of Information and Broadcasting and its corporate agencies, Pakistan Television and Pakistan Broadcasting Corporation, launched a two-year project entitled "Activating media in combating child labour". This project aims at strengthening the capacity building of media managers, national television and radio producers to produce plays, drama serials, talk shows, discussion forums and songs on child labour issues. The media project is an integrated part of the national TBP on the elimination of the worst forms of child labour and aims at raising public awareness. The Committee requests the Government to provide information on the impact of the abovementioned project in preventing the engagement of children in the worst forms of child labour.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to the Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead" (prepared by the Government in December 2003, page 101), the Pakistan Baitul Mal (i.e. the National Welfare Agency) has set up 68 centres to rehabilitate children working in hazardous occupations by providing non-formal education. These children are given a monthly stipend of 150 rupees in addition to uniforms, shoes and meals during school hours, and parents receive 250 rupees for each child sent to school. The report also indicates that 324 non-formal education centres were established to provide education to carpet-weaving children from where they are mainstreamed into formal education. The Committee also notes that the ILO/IPEC ongoing project to prevent and eliminate child labour in the production of soccer balls in Sialko has provided 10,572 soccer ball-stitching children with non-formal education, among which 5,838 have been mainstreamed into formal schools. The Committee encourages the Government to pursue its efforts to ensure access to free basic education for all children removed from the worst forms of child labour and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also asks the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Child domestic workers. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 69-71) expressed its concern about the situation of child domestic workers who are "very vulnerable to abuse and completely lack protection". It also notes that the Government launched, in 2000, with the assistance of ILO/IPEC, a National Programme entitled "Services for children in difficult circumstances" which included a project on child domestic workers. This project was implemented in three urban centres with the aim of: (i) developing a knowledge base on the issue of child domestic labour; (ii) providing non-formal education and vocational training to child domestic labourers; and (iii) developing national capacity to deal with the issue effectively. The project revealed that children work long hours, are isolated, work at night, have limited opportunities for education and are exposed to safety and health hazards (especially due to the lack of rest) as well as physical and/or sexual abuses. The Project to Prevent and Eliminate Exploitative Child Domestic Work, through Education and Training, in South Asia was consequently established in 2004 to continue addressing the situation of child domestic labourers. It will focus on promoting the integration of child domestic labour as part of a broader child labour issue in national development policy and programmes, and continue to undertake direct actions with child domestic workers, their employers, families and communities. The Committee requests the Government to provide information on the results achieved under the abovementioned project to ensure that child domestic workers do not perform hazardous work.

2. Children working in brick kilns. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 1 on brick kilns, the Ministry of Labour, Manpower and Overseas Pakistanis, the Government and the ILO, 2004, pages 10-11, 41), nearly half of children aged 10-14 working in brick kilns work more than ten hours a day and without any safeguards. The study on brick kilns indicates that children of 10 to 14 years of age do not use protective clothing or equipment. Children working in brick kilns continuously lift and carry heavy burdens, squat for long periods, and are exposed to dust. The study concludes by stating that working in the kilns is a particularly hazardous occupation for children. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age working in the kilns do not perform work that is likely to harm their health, safety or morals.

3. Children working in glass bangle making and tanneries. The Committee notes, that according to the Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan (Chapter 5 on glass bangle making, tanneries and construction, pages 5, 15 and 44), the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study indicates that this type of work is highly dangerous for children due to the exposure to high temperatures. Many children suffer from respiratory diseases such as asthma. The study further reveals that children aged 11 are found in tanneries in Kasur; they perform various tasks, some of which expose them to harmful chemicals. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age working in glass bangle making and tanneries do not perform work that is likely to harm their health, safety or morals.

4. Street children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraphs 78 and 79) expressed its concern at the increasing number of street children and the vulnerability of these children to exploitation, the lack of a systematic and comprehensive strategy to address the situation and protect these children. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect street children under 18 years of age from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee notes that Pakistan ratified the Convention on the Rights of the Child in 1990 and signed the Optional Protocol on the Involvement of Children in Armed Conflicts in 2001.

2. Poverty reduction. The Committee observes that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. It also notes that, according to the Poverty Reduction Strategy Paper (PRSP), entitled "Accelerating economic growth and reducing poverty: The road ahead" launched in 2003, measures will be taken to achieve high and sustained broad-based economic growth particularly in rural areas, reduce poverty, provide essential social and economic services and infrastructure to the poor, create job opportunities and improve governance. The Committee asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions of courts of law are available concerning the application of the legal provisions giving effect to the Convention. The Committee asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee observes that a child labour survey was conducted by the Federal Bureau of Statistics with the assistance of ILO/IPEC in 1996. The study reveals that about 3.3 million children aged 5 to 14 (i.e. 8.3 per cent of the age group) are working, mainly in the agricultural, sales and services, mining, construction, manufacturing and transport sectors. The Committee notes that, according to the Poverty Reduction Strategy Paper entitled "Accelerating economic growth and reducing poverty: The road ahead" (December 2003, page 101) and the ILO/IPEC technical progress report on the project entitled "Supporting the Time Bound-Programme on the Elimination of the Worst Forms of Child Labour in Pakistan" (September 2004, page 8), the Federal Bureau of Statistics will launch with the assistance of ILO/IPEC a follow-up of the 1996 survey to assess the impact of measures taken by the Government so far. The Committee accordingly asks the Government to provide updated information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.